The Matrix of Insanity in Modern Criminal Law

This book challenges the assumptions of modern criminal law that insanity is a natural, legally and medically defined phenomenon (covering a range of medical disorders). By doing so, it paves the way for a new perspective on insanity and can serve as the basis for a new approach to insanity in modern criminal law. The book covers the following aspects: the structure of the principle of fault in modern criminal law, the development of the insanity defense in criminal law, tangential in personam defenses in criminal law and their implications for insanity and the legal mechanism of reproduction of fault.

The focus is on the Anglo-American and European-Continental legal systems. Given the attention consistently drawn by international and domestic events in this context, the book will be of interest to a broad and growing international audience.

The first book to define the legal boundary between insanity and tangential defenses in both theoretical and practical fields The first book to discuss in detail the legal mechanism of reproduction of fault, especially in relation to insanity Develops for the first time a concrete, operative and workable theory of insanity in criminal law, both internally (insanity itself) and externally (insanity in relation to tangential defenses)

Inhalt

1. The Modern Defense of Insanity.- 2. Integrating Insanity with the Principle of Fault in Modern Criminal Law.- 3. Tangential in personam General Defenses in Criminal Law and their Implications for Insanity.- 4. Legal Transformation of Fault.- Conclusion.