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

Présentation de l'éditeur : "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." 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 England and Wales: 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 V. Practical Objections to the Insanity Defence are Inconsequential VI. Is Legal Insanity a 'Status' Excuse or a Context-Limited Functional Excuse? VII. The Tests for Legal Insanity VIII. The Contribution of Neuroscience IX. The Neuroscientific Challenge to Legal Insanity and Criminal Responsibility X. The Potential Future Contributions of Neuroscience to Legal Insanity XI. Conclusion Bibliography Index Introduction / Sofia Moratti And Dennis Patterson -- The Neurobiology Of Antisocial And Amoral Behaviour : Insights From Brain Science And Implications For Law / Cole Korpnay And Michael Koenigs -- 'neuroscepticism' In The Coutroom : The Limited Role Of Neuroscientific Evidence In Belgian Criminal Proceedings / Katrien Hanoulle And Frank Verbruggen -- France. Is The Evidence Too Cerebral To Be Cartesian? / Rafael Encinas De Muñagorri And Claire Saas -- 'not Guilty By Reason Of Insanity' In The Italian Jurisdiction. A Neuroscience Revolution? / Barbara Bottalico And Amedeo Santosuosso -- Legal Insanity And Neurolaw In The Netherlands : Developments And Debates / Gerben Meynen -- On The Abolition And Reintrroduction Of Legal Insanity In Sweden / Tova Bennet And Susanna Radovic -- Abolishing The Insanity Verdict In The United Kingdom : A Better Balance Between Legal Rules And Scientific Understanding? / Lisa Claydon And Paul Catley -- Legal Insanit In The Age Of Neuroscience / Stephen J Morse. With A Foreword By Justice András Sajó, Vice-president Of The European Court Of Human Rights ; Edited By Sofia Moratti And Dennis Patterson. Includes Bibliographical References And Index. Présentation de l'éditeur : "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." 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.