Manifest Madness
Arlie Loughnan
Manifest Madness
Free
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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.

Language
English
ISBN
Unknown
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
PART II
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
PART III
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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