Evil or Ill? Justifying the Insanity Defence

By Lawrie Reznek | Go to book overview

CONTENTS
Prefacexi
INTRODUCTION: THE DIAGNOSIS OF EVIL 1
Mad or bad?1
Puzzles and paradoxes2
The legal and medical paradigms7
Insanity defence10
Themes and outline12
1 A HISTORY OF CRIMINAL RESPONSIBILITY 15
Bad deeds and evil minds15
The emergence of legal insanity16
The invention of diminished responsibility21
Exculpatory causes25
Automatism29
Intoxication32
Infanticide36
2 A TAXONOMY OF DEFENCES 38
A paradox38
Methodological matters39
Form and content40
Justification versus excuse41
Aristotelian origins43
The defences46
Taxonomies60
3 IGNORANCE AS AN EXCUSE 61
Legal excuses and moral excuses61
Degrees of evil62
Ignorance of the facts64

-vii-

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Evil or Ill? Justifying the Insanity Defence
Table of contents

Table of contents

  • Title Page iii
  • Contents vii
  • Preface xi
  • Introduction 1
  • 1 - A History of Criminal Responsibility 15
  • 2 - A Taxonomy of Defences 38
  • 3 - Ignorance as an Excuse 61
  • 4 - Compulsion as an Excuse 75
  • 5 - Automatism as an Excuse 93
  • 6 - The Justification of Excuses 115
  • 7 - Causality as an Excuse 135
  • 8 - The Reductionist Theory 152
  • 9 - Irrationality as an Excuse 173
  • 10 - The Concept of Disease 200
  • 11 - Character Change as an Excuse 223
  • 12 - The Clash of Paradigms 246
  • 13 - The Insanity Defence in Practice 266
  • Conclusion 295
  • Bibliography 311
  • Index 322
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