This book offers fresh perspectives on the role of addiction in prior faultculpabilityby integrating legal, psychological, neuroscientific, and philosophical dimensions. Are intoxicated defendants responsible for harms they cause to persons and property when intoxicated? Should they be criminally liable for those harms, even if they act without intention or control? What if their intoxicated state is associated with addiction? Diving into the complex interactions between addiction, intoxication, and law, prior fault is addressed from various jurisdictions including predominantly England and…mehr
This book offers fresh perspectives on the role of addiction in prior faultculpabilityby integrating legal, psychological, neuroscientific, and philosophical dimensions. Are intoxicated defendants responsible for harms they cause to persons and property when intoxicated? Should they be criminally liable for those harms, even if they act without intention or control? What if their intoxicated state is associated with addiction? Diving into the complex interactions between addiction, intoxication, and law, prior fault is addressed from various jurisdictions including predominantly England and Wales, Scotland, and the Netherlands, while also incorporating multiple disciplines, thereby discussing prior fault structures from overarching, non-jurisdictional perspectives. These different disciplines and legal systems are not merely described but closely integrated through co-authored chapters, involving academics from different disciplinary fields and legal traditions. This creates an inherently integrated and comparative approach towards the problem of prior fault, which is necessary to address the complexity of such situations. This collection is a thorough resource for students, academics, researchers, and practising lawyers who aim to deepen their understanding of the law's approach towards addiction and intoxication. Moreover, it illustrates the importance of a collaborative approach between different legal traditions and interdisciplinary scientific understanding, thereby laying the groundwork for future legal reforms, informed legal practice, and research.
Anna Goldberg is Assistant Professor of Criminal Law at the University of Groningen, the Netherlands. Paloma Manguele is Postdoctoral Research Fellow at the School of Psychology, University of Sussex, UK, and Lecturer at the Department of Psychology, Eduardo Mondlane University, Mozambique.
Inhaltsangabe
1. Prior Fault Intoxication and Addiction: An Introduction Anna Goldberg (University of Groningen the Netherlands) and Paloma Manguele (University of Sussex UK) 2. Prior Fault Insanity and Diminished Responsibility: Comparing English and Dutch Approaches John Child (University of Birmingham UK) and Michiel van der Wolf (University of Groningen the Netherlands) 3. A Penology of Prior Fault: Reflections on Penal Context Aims and Opportunities Gavin Dingwall (Northumbria University UK) 4. Bridging the Gap: The (In)Compatibility of Legal and Behavioural Perspectives on Prior Fault Intoxication and Addiction Anna Goldberg (University of Groningen the Netherlands) and Nicholas Sinclair-House (University of Sussex UK) 5. When Addiction Matters to the Criminal Law: Some Thoughts on the Voluntariness in Voluntary Intoxication Hans Crombag (University of Sussex UK) and Reinout Wiers (University of Amsterdam the Netherlands) 6. Criminal Responsibility in Addiction Pathways James Browning (University of Cambridge UK) and Anna Goldberg (University of Groningen the Netherlands) 7. Prior Fault and Alcohol Intoxication: A Cognitive Neuroscientific Perspective Paloma Manguele and Kyriaki Nikolaou (University of Sussex UK) 8. Addiction and Automatism Claire Hogg (University of Surrey UK) 9. A Primrose Path Theory of Substance Use Disorder and Prior Fault Gideon Yaffe (Yale University USA)
1. Prior Fault Intoxication and Addiction: An Introduction Anna Goldberg (University of Groningen the Netherlands) and Paloma Manguele (University of Sussex UK) 2. Prior Fault Insanity and Diminished Responsibility: Comparing English and Dutch Approaches John Child (University of Birmingham UK) and Michiel van der Wolf (University of Groningen the Netherlands) 3. A Penology of Prior Fault: Reflections on Penal Context Aims and Opportunities Gavin Dingwall (Northumbria University UK) 4. Bridging the Gap: The (In)Compatibility of Legal and Behavioural Perspectives on Prior Fault Intoxication and Addiction Anna Goldberg (University of Groningen the Netherlands) and Nicholas Sinclair-House (University of Sussex UK) 5. When Addiction Matters to the Criminal Law: Some Thoughts on the Voluntariness in Voluntary Intoxication Hans Crombag (University of Sussex UK) and Reinout Wiers (University of Amsterdam the Netherlands) 6. Criminal Responsibility in Addiction Pathways James Browning (University of Cambridge UK) and Anna Goldberg (University of Groningen the Netherlands) 7. Prior Fault and Alcohol Intoxication: A Cognitive Neuroscientific Perspective Paloma Manguele and Kyriaki Nikolaou (University of Sussex UK) 8. Addiction and Automatism Claire Hogg (University of Surrey UK) 9. A Primrose Path Theory of Substance Use Disorder and Prior Fault Gideon Yaffe (Yale University USA)
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