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Criminal Law and Prior Fault: Comparative Perspectives on Addiction and Intoxication

Criminal Law and Prior Fault: Comparative Perspectives on Addiction and Intoxication

Author: Anna Goldberg; Paloma Manguele
Publisher: Hart Publishing
ISBN: 9781509981281
Published In: November 2025
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 1,170.00

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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.

1. Prior Fault, Intoxication and Addiction: An Introduction, Anna Goldberg (University of Groningen, the Netherlands) and Paloma Manguele (University of Sussex, UK)

2. Prior Fault Insanity and Diminished Responsibility: Comparing English and Dutch Approaches, John Child (University of Birmingham, UK) and Michiel van der Wolf (University of Groningen, the Netherlands)

3. A Penology of Prior Fault: Reflections on Penal Context, Aims and Opportunities, Gavin Dingwall (Northumbria University, UK)

4. Bridging the Gap: The (In)Compatibility of Legal and Behavioural Perspectives on Prior Fault, Intoxication and Addiction, Anna Goldberg (University of Groningen, the Netherlands) and Nicholas Sinclair-House (University of Sussex, UK)

5. When Addiction Matters to the Criminal Law: Some Thoughts on the Voluntariness in Voluntary Intoxication, Hans Crombag (University of Sussex, UK) and Reinout Wiers (University of Amsterdam, the Netherlands)

6. Criminal Responsibility in Addiction, James Browning (University of Cambridge, UK) and Anna Goldberg (University of Groningen, the Netherlands)

7. Prior Fault and Alcohol Intoxication: A Cognitive Neuroscientific Perspective, Paloma Manguele and Kyriaki Nikolaou (University of Sussex, UK)

8. Addiction and Automatism, Claire Hogg (University of Surrey, UK)

9. A Primrose Path Theory of Substance Use Disorder and Prior Fault, Gideon Yaffe (Yale University, USA)