Manifest Madness: Mental Incapacity in the Criminal Law

Hardcover | May 26, 2012

byArlie Loughnan

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Whether it is a question of the age below which a child cannot be held liable for their actions, or the attribution of responsibility to defendants with mental illnesses, mental incapacity is a central concern for legal actors, policy makers, and legislators when it comes to crime and justice. Understanding the terrain of mental incapacity in criminal law is notoriously difficult; it involves tracing overlapping and interlocking legal doctrines, current and past practices including those of evidence and proof, and also medical and social understanding of mental order and incapacity.Bringing together previously disparate discussions on criminal responsibility from law, psychology, and philosophy, this book provides a close study of mental incapacity defences, analysing their development through historical cases to the modern era. It maps the shifting boundaries betweennormality and abnormality as constructed in law, arguing that "manifest madness" - the distinct character of mental incapacity revealed by this interdisciplinary approach - has a broad significance for understanding the criminal law as a whole.

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Whether it is a question of the age below which a child cannot be held liable for their actions, or the attribution of responsibility to defendants with mental illnesses, mental incapacity is a central concern for legal actors, policy makers, and legislators when it comes to crime and justice. Understanding the terrain of mental incap...

Dr Arlie Loughnan is a Senior Lecturer in the Faculty of Law at the University of Sydney. Her research concerns criminal law and the criminal justice system, with a focus on the relationship between legal doctrines, practices, institutions, and knowledge. Her particular interests are criminal responsibility and non-responsibility, the ...
Format:HardcoverDimensions:312 pagesPublished:May 26, 2012Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199698597

ISBN - 13:9780199698592

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Table of Contents

Part I1. The Terrain of Mental Incapacity in Criminal Law2. Putting Mental Incapacity Together Again3. "Manifest Madness": The Intersection of 'Madness' and CrimePart II4. Dynamics of Inclusion and Exclusion: Unfitness to Plead and Infancy5. Incapacity and Disability: The Exculpatory Doctrines of Insanity and Automatism6. Knowing and Proving Exculpatory Mental IncapacityPart III7. "Since the Days of Noah": The Law of Intoxicated Offending8. Gender, "Madness", and Crime: The Doctrine of Infanticide9. Differences of Degree and Differences of Kind: Diminished ResponsibilityBibliography