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Blasey & Kavanaugh III: The Drunk Defense

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According to Blasey, Kavanaugh was drunk when he assaulted her. While people sometimes try the drunk defense, it is usually not particularly effective. It is, however, a matter of philosophical interest, if only because John Locke considered the subject in his discussion of personal identity. Locke argued, at length, that a person is their consciousness. Roughly put, memory is the basis of personal identity. Locke carefully distinguishes being the same person from being the same man. Being the same man for Locke involves being a collection of matter bound together by the same life; this could be looked at as biological rather than personal identity. When Locke considers the drunk defense, he notes that drunkenness could result in a person being unable to remember what was done. And if the person did not remember, then there would be no continuity of personal identity—thus, they would not be that person. Locke does note that human law, which must rely on the available facts, does not. . .

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News source: A Philosopher's Blog

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