The Concept of Akrasia in D. Husak’s Theory of Criminal Responsibility and the Advantages of Its Alternative

Problemos 105:116-129 (2024)
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Abstract

This article explores two concepts of akrasia and their relation to the ascription of responsibility in Douglas Husak’s theory of criminal responsibility. Ever since Plato’s Protagoras, the problem of akrasia has been tightly related to the issue of moral knowledge. By using influential texts of ancient and Christian ethics, as well as contemporary research on akratic behavior, this article outlines a different conception of akrasia, one that is based on intrapersonal conflict. In his theory, Husak employs the concept of akrasia related to moral knowledge-ignorance, albeit sourcing its presuppositions from contemporary skeptics rather than from ancient philosophy. Yet, Husak’s theory is not skeptical. The article highlights the main drawbacks of this theory. These drawbacks are grounded in Husak’s conception of the akratic agent and the ascription of responsibility to such an agent. Their analysis reveals the advantages of the concept of akrasia based on intrapersonal conflict for constructing a non-skeptical theory of criminal responsibility.

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References found in this work

Culpability and Ignorance.Gideon Rosen - 2003 - Proceedings of the Aristotelian Society 103 (1):61-84.
Skepticism about moral responsibility.Gideon Rosen - 2004 - Philosophical Perspectives 18 (1):295–313.
Retributivism and Over-Punishment.Douglas Husak - 2022 - Law and Philosophy 41 (2):169-191.
Where Socratic Akrasia Meets the Platonic Good.Robert Pasnau - 2021 - Journal of the History of Philosophy 59 (1):1-21.

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