Published: 2022-12-30

Aristotle on offences committed under the influence of alcohol

Przemysław Kubiak
Zeszyty Prawnicze
Section: Artykuły
https://doi.org/10.21697/zp.2022.22.4.04

Abstract

In his Ethics, Aristotle addresses the issue of criminal responsibility for an act committed under the influence of alcohol – a problem still very relevant today. Such situations have always raised doubts, both as regards theory and practice, because it is difficult to give a rational argument to justify the punishment of such an “offender” if we adhere to the rule of nullum crimen sine culpa. Aristotle presents a broad discussion of the question within the framework of his distinction between voluntary and involuntary acts, which is fundamental for his moral philosophy. His conclusions are very similar to the concept of culpable insanity, the dominant idea in Polish criminal law pertaining to the issue. Moreover, we observe other places in Aristotle’s writings where he considers guilt prior to the actual commission of an offence.

Keywords:

Aristotle’s legal theory; criminal responsibility; act committed under the influence of alcohol; culpable insanity; guilt; voluntary/ involuntary.

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Citation rules

Kubiak, P. (2022). Aristotle on offences committed under the influence of alcohol. Zeszyty Prawnicze, 22(4), 71–91. https://doi.org/10.21697/zp.2022.22.4.04

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