Manifest Madness Mental Incapacity in the Criminal Law

• Develops a rich, interdisciplinary account of the development of mental incapacity defences in the criminal law, clarifying a notoriously difficult area of the law
• Traces the law's historical development, charting the shifting social and judicial attitudes to mental health and incapacity
• Tackles central philosophical problems in ascribing criminal responsibility, making an important contribution to criminal law theory

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 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'.

Readership: Academics and advanced students studying the criminal justice system, criminal law theory, mental health law, or legal history.