Manifest Madness

Manifest Madness

By Arlie Loughnan
Book Description

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.

Table of Contents
  • Cover
  • Contents
  • Table of Cases
  • Table of Old Bailey Proceedings
  • Table of Legislation
  • List of Abbreviations
  • PART I
    • 1. The Terrain of Mental Incapacity in Criminal Law
      • Why Examine Mental Incapacity?
      • Carving Out a Useful Approach to Mental Incapacity in Criminal Law
      • Overview of the Book
    • 2. Putting Mental Incapacity Together Again
      • Reconstructing Mental Incapacity in Criminal Law
      • The Category of Mental Incapacity Doctrines in Criminal Law
      • Difference within Criminal Law
    • 3. ‘Manifest Madness’: The Intersection of ‘Madness’ and Crime
      • The Terrain of Mental Incapacity in Criminal Law
      • The Ontology of ‘Madness’ at the Point of Intersection with Crime
      • The Epistemology of ‘Madness’ at the Point of Intersection with Crime
    • 4. Dynamics of Inclusion and Exclusion: Unfitness to Plead and Infancy
      • Informal Legal Practices and the Emergence of the Doctrines
      • Formalization of Unfitness to Plead and Infancy I: Dangerousness and Disposal
      • Formalization of Unfitness to Plead and Infancy II: Fairness and Special Treatment
      • Formalization of Unfitness to Plead and Infancy III: the Rise of a Dynamic of Exclusion
    • 5. Incapacity and Disability: the Exculpatory Doctrines of Insanity and Automatism
      • Of Unsound Minds and Wild Beasts: Insanity before M’Naghten
      • The Cleaving Apart of Insanity and Automatism
      • A ‘fierce and fearful delusion’: Daniel M’Naghten and the Creation of the M’Naghten Rules
      • Insanity As We Know It: the M’Naghten Rules
      • The Appearance of a Discrete Automatism Doctrine and the Rise of Disability as a Basis for Insanity
      • The Persistence of Incapacity: the Requirements of the Doctrine of Automatism
      • On the Eve of Reform?
    • 6. Knowing and Proving Exculpatory Mental Incapacity
      • The Naturalization of ‘Madness’ and the Role of Common Knowledge of ‘Madness’
      • ‘As a medical man, I have no hesitation in saying so’: Expert Knowledges of ‘Madness’
      • ‘I have seen a great many insane persons, and I should put him down as such’: the Significance of Prudential Knowledge and the Ongoing Role of Lay Knowledge
      • Knowing More Than They Can Say: Experts (and Non-Experts) in the Current Era
      • Proving Exculpatory ‘Madness’: Reconstruction and Due Process
    • 7. ‘Since the days of Noah’: the Law of Intoxicated Offending
      • The Emergence of an Informal Intoxication Plea
      • ‘The nature of her mania was madness from drink’: the Development of Expertise on Intoxication
      • The Formalization of the Law of Intoxicated Offending
      • The Apogee of Formalization?: DPP v Majewski
      • Beyond the Bounds of Majewski: Amoral Intoxication
      • Lay Knowledge of Intoxication in Criminal Law
      • The Janus-face of the Law of Intoxicated Offending
    • 8. Gender, ‘Madness’, and Crime: the Doctrine of Infanticide
      • Proscribing Infanticide: ‘Lewd Women’ and ‘Bastard’ Children
      • ‘Out of her usual senses’: Infanticide and Incapacity
      • Liability, Responsibility, and the ‘Infanticidal’ type
      • Of Imbalance and Disturbance: the Current Law of Infanticide
      • ‘[T]his sad case’: What Legal Actors Know about Infanticide
    • 9. Differences of Degree and Differences of Kind: Diminished Responsibility
      • ‘Without being insane in the legal sense’: the Development of Diminished Responsibility in Scotland
      • ‘In the light of modern knowledge’: the Introduction of Diminished Responsibility in England and Wales
      • The Current Doctrine of Diminished Responsibility
      • Professional Actors and Expert Knowledge: Deciding Diminished Responsibility
      • The Difference Diminished Responsibility Makes
  • Bibliography
  • Index
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