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OverviewWhether 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 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. Bringing together previously disparate discussions on mental incapacity from law, psychology, and philosophy, this book provides a close study of this terrain of criminal law, analysing the development of mental incapacity doctrines through historical cases to the modern era. It maps the shifting boundaries around abnormality as constructed in law, arguing that the mental incapacity terrain has a distinct character - 'manifest madness'. Full Product DetailsAuthor: Arlie Loughnan (Senior Lecturer, School of Law, University of Sydney)Publisher: Oxford University Press Imprint: Oxford University Press Dimensions: Width: 16.10cm , Height: 2.50cm , Length: 24.00cm Weight: 0.626kg ISBN: 9780199698592ISBN 10: 0199698597 Pages: 308 Publication Date: 19 April 2012 Audience: Professional and scholarly , Professional & Vocational Format: Hardback Publisher's Status: Active Availability: To order  Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us. Table of ContentsPart I 1: The Terrain of Mental Incapacity in Criminal Law 2: Putting Mental Incapacity Together Again 3: 'Manifest Madness': The Intersection of 'Madness' and Crime Part II 4: Dynamics of Inclusion and Exclusion: Unfitness to Plead & Infancy 5: Incapacity and Disability: The Exculpatory Doctrines of Insanity and Automatism 6: Knowing and Proving Exculpatory Mental Incapacity Part III 7: 'Since the Days of Noah': The Law of Intoxicated Offending 8: Gender, 'Madness', and Crime: The Doctrine of Infanticide 9: Differences of Degree and Differences of Kind: Diminished Responsibility BibliographyReviewsAn important monograph, which contains a novel and thought provoking analysis of the role of mental incapacity in the criminal law. Underpinning her analysis with historical research, the author gives a unique insight into the nature and character of mental incapacity doctrines which takes the reader well beyond insanity and related defences to include infancy, intoxication, infanticide and unfitness to plead. The result is a book which will not only challenge and enlighten scholarly debate but also will help to stimulate and inform the current reform agenda. Ronnie D. Mackay, Professor of Criminal Policy and Mental Health, De Montfort University Author InformationDr 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 interaction of legal and expert medical knowledges and the historical development of the criminal law. Dr Loughnan holds a PhD from LSE and an LLM from NYU Law School. Tab Content 6Author Website:Countries AvailableAll regions |
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