Putting Mental Incapacity Together Again

Arlie Loughnan

in Manifest Madness

Published in print April 2012 | ISBN: 9780199698592
Published online May 2012 | e-ISBN: 9780191738883 | DOI:

Series: Oxford Monographs on Criminal Law and Justice

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This chapter marks out the boundary of mental incapacity in criminal law — determining what's in and what's out. It suggests an approach to mental incapacity in criminal law whereby the relevant substantive and procedural provisions are understood as doctrines (not defences), some of which are exculpatory. The significance of this reconstruction of the terrain of mental incapacity is that it permits a reconceptualization of the roles of mental incapacity in criminal law — to include imputation, inculpation, and a procedural role, as well as exculpation. This reconstruction introduces the conceptual tools which are employed throughout this book. In addition, the chapter reveals that the scope of this book is itself an argument — for the placement of particular legal doctrines, which share certain formal features, on the terrain of mental incapacity.

Keywords: criminal law; mental incapacity; doctrines; imputation; inculpation; exculpation

Chapter.  12739 words. 

Subjects: Criminal Law

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