![]() Originally the doctrine was interpreted in a quite narrow way to describe a situation where the offender intentionally created conditions that later allowed him to act in a criminal way, with the purpose of committing that crime. This is the situation that led to the formation of the a.l.i.c. Latin: Actio non in se, sed tamen in sua causa libera, an "act not free by itself but its cause was free", a situation where the person also had no choice but to act, but prior to that he had voluntarily chosen the conditions that forced the subsequent act.Latin: Actio neque in se, neque in sua causa libera, an "act not free by itself and its cause also not free", a situation where the person was involuntary forced into circumstances where he had no choice but to act.Latin: Actio libera in se, an "act free by itself", a situation when the person was able to choose the to act or not to act.The doctrine was created during the Age of Enlightenment by philosophers and law scholars ( Hugo Grotius, Samuel Pufendorf, Francis Hutcheson) who distinguished between: is mentioned with regard to voluntary intoxication: if a person gets drunk, she will not be able use her state of inebriation to claim that, for example, her act of negligence was an accident. However, this defense is not available, for example, to a person who started the fight, thus creating a "cause" for killing in self-defense at a later time. ![]() A typical example is self-defense: in Anglo-American jurisdictions lethal action is justified under certain circumstances while protecting oneself, others, or property. The doctrine means that even if the person was not free to choose the course of action while performing an offence, he can still be held responsible for it if he voluntarily created a condition ("cause") for the offending action.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |