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1 results

  • Transferred Culpability and the Problem of Voluntary Intoxication

  • Evan Tiffany
  • Journal:
    Canadian Journal of Philosophy , FirstView
    Published online by Cambridge University Press:
    20 January 2025, pp. 1-18
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  • This paper seeks to challenge principles of culpability transfer as they appear in both criminal law and moral philosophy. I begin by discussing the legal doctrine of substituted mens rea, focusing on Section 33.1 of Canada’s Criminal Code. I argue that this doctrine violates the principle of contemporaneity, which there are sound philosophical reasons to accept. I then argue that the same reasons apply to tracing accounts of moral responsibility. Finally, drawing on the moral luck literature, I argue that cases of extreme intoxication are better analyzed in terms of harm-causation than culpability-transfer.