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Full-Text Articles in Legal Theory

A Brief Summary And Critique Of Criminal Liability Rules For Intoxicated Conduct, Paul H. Robinson Jan 2018

A Brief Summary And Critique Of Criminal Liability Rules For Intoxicated Conduct, Paul H. Robinson

All Faculty Scholarship

This essay provides an overview of the legal issues relating to intoxication, including the effect of voluntary intoxication in imputing to an offender a required offense culpable state of mind that he may not actually have had at the time of the offense; the effect of involuntary intoxication in providing a defense by negating a required offense culpability element or by satisfying the conditions of a general excuse; the legal effect of alcoholism or addiction in rendering intoxication involuntary; and the limitation on using alcoholism or addiction in this way if the offender can be judged to be reasonably responsible …


Addiction And Causation, Michael Corrado Jan 2000

Addiction And Causation, Michael Corrado

San Diego Law Review

Is it possible for a compatibilist to capture the notion of a choice that is resistible but very, very hard to resist? And, along the same lines, is it possible for the compatibilist to capture the notion of degrees of responsibility, of greater or lesser moral responsibility? Of course, duress may lessen responsibility, and in general the aversiveness of the alternatives facing an agent may lessen her responsibility for an action: The more aversive the alternatives, the less responsible the agent-or at least the less inclined we are to punish the agent. That way of ranking responsibility is clearly intelligible …


California Narcotic Rehabilitation: De Facto Prison For Addicts, John L. Roche, James C. Rothwell Jan 1964

California Narcotic Rehabilitation: De Facto Prison For Addicts, John L. Roche, James C. Rothwell

San Diego Law Review

This note discusses the history and status of California's statutory plans for coping with the narcotic addiction problem.