Professor Bebhinn Donnelly-Lazarov


Interim Pro-Vice Chancellor and Executive Dean, Faculty of Arts, Business and Social Sciences
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Jasmine Chandler

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Bebhinn Donnelly-Lazarov (2025) ‘I Didn’t Know What I Was Doing!’ Not Knowing as the Grounding for Exculpation in Automatism

A natural response to those who commit offences in highly disordered mental states is to consider that they did not know what they were doing at the time. This common response is compatible with the theoretical idea that in states of sane or insane automatism, self-awareness is lost, and our agential connection to our capacities breaks down. It is also consistent with a philosophically coherent grounding for exculpation in such cases, one based on the absence of non-observational knowledge, and on the defeat of agency that flows therefrom. The theoretical good sense in our natural response to affected agents (they did not know what they were doing!) reveals problems in the current law of automatism, and illuminates a more apt defence.