Mental Illness and Responsibility

Michael Moore

in Placing Blame

Published in print July 2010 | ISBN: 9780199599493
Published online September 2010 | e-ISBN: 9780191594649 | DOI:
Mental Illness and Responsibility

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The insanity defence is the criminal law’s most self-conscious home for its otherwise presupposed theory of the person. This point is only seen, however, by stripping away centuries of legal doctrine about the insanity defence that purports to cabin the defence to situations of excusable ignorance, mistake, compulsion, lack of free will, lack of intention, etc. The defence rather deals with a fundamental attribute of both personhood and moral agency, which is rationality. A sketch of the nature of rationality is given in terms of practical reason.

Keywords: insanity; mental illness; rationality; compulsion; ignorance; mistake; free will

Chapter.  6568 words. 

Subjects: Jurisprudence and Philosophy of Law

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