VOLUNTARY INTOXICATION; A WANTON NEGLIGENCE | ||
| مطالعات حقوق خصوصی | ||
| Article 3, Volume 42, Issue 2, July 2012, Pages 39-58 PDF (301.51 K) | ||
| DOI: 10.22059/jlq.2012.29888 | ||
| Authors | ||
| Mohammad Ashouri; Sadegh Shariatinasab | ||
| Abstract | ||
| Legal fiction is an instrument for achieve to a "fair law" through "mechanical law" and cross from “what is” into “what should be”. Rigidify of rules of law must not be a pretext for being self-interest and irresponsibility. One who wants to kill his pain through agitating other peoples tranquility and prefers his intoxication to get what he wants, doesn’t deserve to equal to sleeper, minor and insane person under the pretext of lack of intention, and thus having right to escape from prosecution. Consequently, it is just at this point that the fair nature of law creates a new plan and forms the institution of "wanton negligence" in order to prove improbable matter of fact of action, “willful”. What has been brought in this essay is the quality and boundaries of comparison "wanton negligence" to "voluntary intoxication". | ||
| Keywords | ||
| ability of foresight.; Abulia; Depriving of control; Liability; Tantamount to willful; Violent presumption; Voluntary intoxication; Wanton negligence | ||
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