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The Insanity Defense: A Philosophical Analysis

The Insanity Defense: A Philosophical Analysis

The Insanity Defense: A Philosophical Analysis

Author: Wojciech Załuski
Publisher: Edward Elgar Publishing
ISBN: 9781800379848
Published In: November 2021
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: ¥19,821.23

¥19,226.59 Save ¥594.64 (3%)

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Description
Contents

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This unique book provides a versatile exploration of the philosophical foundations of the insanity defense. It examines the connections between numerous philosophical–anthropological views and analyses different methods for regulating the criminal responsibility of the mentally ill. Placing its philosophical analysis firmly in the context of science, it draws on the fields of cognitive psychology, evolutionary theory and criminology.

In this thought-provoking book, Wojciech Załuski argues that the way in which we resolve the problem of the criminal responsibility of the mentally ill depends on two factors: the assumed conception of responsibility and the account of mental illness. Offering a systematic and in-depth analysis of the influence of anti-psychiatry on thinking about the insanity defense and legislation, the author invokes the personalist view of human nature, being rational and endowed with free will, to justify an original normative proposal concerning the construction of the insanity defense.

The Insanity Defense will be of primary interest to scholars of criminal law and justice, legal theory and legal philosophy as well as legal practitioners, policy makers, psychiatrists and psychologists engaged with this topic.

Introduction

1. The philosophical foundations of the insanity defense

2. The cognitive component

3. The volitional component

Epilogue

Bibliography

Index

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