This fallacy occurs when we argue that our behavior
should be excused because of impaired judgment, e.g. telling your teacher that
they should grade your exam leniently because you were hung over and “it’s not
my fault.” It is a contemporary fallacy that has arisen out of the
misappropriation of the American legal concept, “diminished capacity” (that
punishment for criminal acts should be decreased if the criminal’s judgment was
impaired and thus would not have committed the crime under normal conditions). While
being drunk may mean that you aren’t charged with first degree murder, it
doesn’t mean that you are free of guilt or can’t be charged with second degree
murder, and it doesn’t make the consequences of your actions any less severe.
Likewise, the fact that you were hungover doesn’t somehow make your answers to
your test less incorrect, and you must still live with the consequences of
failing; your poor judgment in getting drunk the night before the test doesn’t
excuse your performance.
Examples:
"You can't count me absent on Monday – I was hung
over and couldn't come to class – it's not my fault."
"Yeah, I was speeding on the freeway and killed a guy,
but I was high and didn't know what I was doing, so it didn't matter that
much."
"I was drinking at the time, so it's not really my fault that I got in a fight."
"I was drinking at the time, so it's not really my fault that I got in a fight."
I don't think I've ever showed more balls than asking my professor to pass me after not showing up to my 9am class once
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