Addiction and Responsibility

Michael Moore

doi:10.1007/978-3-030-22811-8_2

Addiction and Responsibility

Research output: Chapter in Book/Report/Conference proceeding › Chapter

Abstract

While addiction is not a legal defense in any legal system, the chapter assays whether it should be. The conclusion is largely negative, denying that there should be any general defense but allowing that in certain cases at least a partial defense would be appropriate. The chapter rejects the shibboleths commonly asserted in this area: that no addict can be excused because he or she was responsible for becoming an addict in the first place and that all addicts must be excused because addiction is a brain disease. A more piecemeal, nuanced approach is taken to the issue.

Original language	English (US)
Title of host publication	The Palgrave Handbook of Applied Ethics and the Criminal Law
Editors	Larry Alexander, Kimberly Kessler Ferzan
Publisher	Palgrave Macmillan
Pages	13-44
ISBN (Print)	978-030228101
DOIs	https://doi.org/10.1007/978-3-030-22811-8_2
State	Published - Dec 2019

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10.1007/978-3-030-22811-8_2

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AB - While addiction is not a legal defense in any legal system, the chapter assays whether it should be. The conclusion is largely negative, denying that there should be any general defense but allowing that in certain cases at least a partial defense would be appropriate. The chapter rejects the shibboleths commonly asserted in this area: that no addict can be excused because he or she was responsible for becoming an addict in the first place and that all addicts must be excused because addiction is a brain disease. A more piecemeal, nuanced approach is taken to the issue.

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Addiction and Responsibility

Abstract

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