The Matrix of Insanity in Modern Criminal Law
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Beschreibung
This book challenges the assumptions of modern criminal law that insanity is a natural, legally and medically defined phenomenon (covering a range of medical disorders). By doing so, it paves the way for a new perspective on insanity and can serve as the basis for a new approach to insanity in modern criminal law.
The book covers the following aspects: the structure of the principle of fault in modern criminal law, the development of the insanity defense in criminal law, tangential in personam defenses in criminal law and their implications for insanity and the legal mechanism of reproduction of fault.
The focus is on the Anglo-American and European-Continental legal systems. Given the attention consistently drawn by international and domestic events in this context, the book will be of interest to a broad and growing international audience.
This book challenges the assumptions of modern criminal law that insanity is a natural, legally and medically defined phenomenon (covering a range of medical disorders). By doing so, it paves the way for a new perspective on insanity and can serve as the basis for a new approach to insanity in modern criminal law.
The book covers the following aspects: the structure of the principle of fault in modern criminal law, the development of the insanity defense in criminal law, tangential in personam defenses in criminal law and their implications for insanity and the legal mechanism of reproduction of fault.
The focus is on the Anglo-American and European-Continental legal systems. Given the attention consistently drawn by international and domestic events in this context, the book will be of interest to a broad and growing international audience.
The first book to define the legal boundary between insanity and tangential defenses in both theoretical and practical fields The first book to discuss in detail the legal mechanism of reproduction of fault, especially in relation to insanity Develops for the first time a concrete, operative and workable theory of insanity in criminal law, both internally (insanity itself) and externally (insanity in relation to tangential defenses)
Autor*in
Gabriel Hallevy
Themen in »The Matrix of Insanity in Modern Criminal Law«
Actio libera in causa Criminal insanity Criminal responsibility Criminal trials Diminished capacity Diminished responsibility Fault Insanity Insanity defense Insanity plea Intoxication Legal culpability Mental disorder Mental health episode Personal liability
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“The book offers a summary of the insanity defense, beginning with religious and scientific definitions of mental disease. … The Matrix is a wholly readable book that presents philosophical and legal arguments in manners and voices that are accessible to a broad audience, and it would be most useful as a companion text in a psychology and law class for advanced undergraduates or in a specialty course in law school. The book is succinct and lucid.” (Arthur J. Lurigio, PsycCRITIQUES, Vol. 61 (16), April, 2016)
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