Criminal Law and Prior Fault

Offers fresh perspectives on the role of addiction in prior fault by integrating legal, psychological, neuroscientific, and philosophical dimensions.

This book offers fresh perspectives on the role of addiction in prior fault culpability by 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.