The Matrix of Insanity in Modern Criminal Law

ISBN-13: 9783319368382 / Angielski / Miękka / 2016 / 204 str.

Gabriel Hallevy

Recenzje

"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)

Spis treści

1. The Modern Defense of Insanity.- 2. Integrating Insanity with the Principle of Fault in Modern Criminal Law.- 3. Tangential in personam General Defenses in Criminal Law and their Implications for Insanity.- 4. Legal Transformation of Fault.- Conclusion.

Blurb

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.