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Title Legal insanity and the brain : science, law and European courts / With a Foreword by Justice András Sajó, Vice-President of the European Court of Human Rights ; Edited by Sofia Moratti and Dennis Patterson.

Publication Info. Portland, Oregon : Hart Publishing, 2016.

Item Status

Description 1 online resource
Bibliography Includes bibliographical references and index.
Contents Foreword; Summary Contents ; Detailed Contents ; List of Contributors ; Table of Cases; Table of Legislation; Table of Codes, Guidelines and professional Standards; Table of International Instruments; 1. Introduction ; 2. The Neurobiology of Antisocial and Amoral Behaviour: Insights from Brain Science and Implications for Law ; I. Introduction ; II. Neuroscience Background ; III. Neuroscience Data Relevant to Legal Insanity ; IV. Conclusion ; Bibliography ; 3. 'Neuroscepticism' in the Courtroom: The Limited Role of Neuroscientific Evidence in Belgian Criminal Proceedings.
I. Introduction II. Insanity Defence ; III. Internment Measure ; IV. Neuroscientific Evidence ; V. Conclusion ; Bibliography ; 4. France. Is the Evidence Too Cerebral to Be Cartesian? ; I. Introduction ; II. Insanity as the Sole Ground of Exemption from Criminal Responsibility ; III. The Role of Court Experts ; IV. Penal and Medical Responses, Calibrated According to the Nature of the Mental Disorder ; V. What is the Outlook for the Role of Neuroscience Technologies in French Criminal Trials? ; Bibliography.
5. 'Not Guilty by Reason of Insanity' in the Italian Jurisdiction. A Neuroscience Revolution? I. Introduction. Neuroscience and the Law ; II. Regulation of Criminal Responsibility and Legal Criteria for the Admission of Neuroscientific Evidence ; III. The Use of Neuroscience to Support the Insanity Defence in Italian Case Law ; IV. The Difficult Relationship Between Psychiatry and Law. Promises and Perils of a Science-Oriented Explanation of Human Behaviour ; V. Consequences of a Successful Insanity Plea: Italian Criminal Psychiatric Facilities ; VI. Conclusions ; Bibliography.
6. Legal Insanity and Neurolaw in the Netherlands: Developments and Debates I. Introduction ; II. The Insanity Defence in the Dutch Legal System ; III. Issues of Debate and Proposals for Change ; IV. Neurolaw and Legal Insanity ; V. Concluding Observations and Reflections ; Bibliography ; 7. On the Abolition and Reintroduction of Legal Insanity in Sweden; I. Introduction ; II. Mental Disorder and Crime in Sweden ; III. A New Proposal for a Reintroduction of Legal Insanity ; IV. Testing the Proposed Legal Insanity Standard: An Empirical Study ; V. Concluding Discussion ; Bibliography.
8. Abolishing the Insanity Verdict in the United Kingdom: A Better Balance Between Legal Rules and Scientific Understanding? I. Introduction ; II. Historical Development of the Common Law of Insanity. The Trial of Daniel M'Naghten ; III. The Law Commission's Proposals: The Proposed New Defence ; IV. Conclusion ; Bibliography ; 9. Legal Insanity in the Age of Neuroscience ; I. Introduction ; II. The Moral Basis of the Defence of Legal Insanity ; III. The Main Counter-Argument ; IV. Why Alternatives are Morally Insufficient.
Summary This landmark publication offers a unique comparative and interdisciplinary study of criminal insanity and neuroscience. Criminal law theories and ideologies which underpin the regulation of criminal insanity have always been the subject of controversy. The history of criminal insanity is characterised by conceptual and empirical tension between two disciplinary realms: the law and the mind sciences. The authors in this anthology explore in depth the state of the art of legal insanity and the numerous intricate, fascinating, pioneering and sophisticated questions raised by the integration of different criminal law and behaviour theories, diverse disciplines and methodologies, in a genuinely interdisciplinary perspective. This volume will serve as a practical guide for the comparative legal scholar and the judge, as well as stimulating scholarly reading for the neuroscientist, the social scientist and the philosopher with interdisciplinary scientific interests.-- Provided by Publisher.
Local Note eBooks on EBSCOhost EBSCO eBook Subscription Academic Collection - North America
Subject Insanity (Law) -- Europe.
Criminal psychology -- Europe.
Forensic psychology -- Europe.
Mentally ill offenders -- Legal status, laws, etc. -- Europe.
Science and law -- Europe.
Genre/Form Electronic books.
Electronic books.
Added Author Moratti, Sofia, editor.
Patterson, Dennis M. (Dennis Michael), 1955- editor.
Other Form: Print version: Legal insanity and the brain. Portland, Oregon : Hart Publishing, 2016 9781849467919 (DLC) 2016019861
ISBN 9781509902330 (Epub)
1509902333 (Epub)
9781849467919 (hardback ; alk. paper)
9781509902347 (online)