TY  - BOOK
AU  - Loughnan, Arlie
AB  - 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.
DO  - 10.1093/acprof:oso/9780199698592.001.0001
ID  - OAPEN ID: 453474
ID  - OAPEN ID: OCN: 794925456
KW  - normality
KW  - legal doctrines
KW  - mental order
KW  - mental incapacity
KW  - abnormality
KW  - justice
KW  - crime
KW  - criminal law
KW  - mental illness
KW  - criminal responsibility
KW  - Creative Commons
KW  - Defendant
KW  - Diminished responsibility
KW  - Fitness to plead
KW  - Infanticide
KW  - Insanity
KW  - Insanity defense
KW  - Open access
L1  - https://library.oapen.org/bitstream/id/d8fc19ea-0295-41f5-9d4a-784d32e7505b/453474.pdf
LA  - English
LK  - http://library.oapen.org/handle/20.500.12657/33859
PB  - Oxford University Press
PY  - 2012
SN  - 9780199698592
TI  - Manifest Madness: Mental Incapacity in the Criminal Lawnull
ER  - 
