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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 between normality 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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Edition | Availability |
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1
Manifest Madness: Mental Incapacity in the Criminal Law
2012, Oxford University Press
in English
1283581043 9781283581042
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3
Manifest madness: mental incapacity in criminal law
2012, Oxford University Press
in English
- 1st ed.
0199698597 9780199698592
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4
Manifest Madness: Mental Incapacity in the Criminal Law
2012, Oxford University Press, Incorporated
in English
0191627542 9780191627545
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Book Details
Edition Notes
Open Access Unrestricted online access
OAPEN-UK
Creative Commons https://creativecommons.org/licenses/by-nc-nd/3.0/
English
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Understanding mental incapacity in criminal law is notoriously difficult; it involves tracing overlapping and interlocking legal doctrines, current and past practices of evidence and proof, and also medical and social understandings of mental illness and incapacity. With its focus on the complex interaction of legal doctrines and practices relating to mental incapacity and knowledge - both expert and non-expert - of it, this book offers a fresh perspective on this topic.
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