This is an open access title available under the terms of a CC
BY-NC-ND 3.0 International licence. It is free to read at Oxford
Scholarship Online and offered as a free PDF download from OUP and
selected open access locations. 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'.
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