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Manifest MadnessMental Incapacity in the Criminal Law$

Arlie Loughnan

Print publication date: 2012

Print ISBN-13: 9780199698592

Published to Oxford Scholarship Online: May 2012

DOI: 10.1093/acprof:oso/9780199698592.001.0001

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(p.vii) General Editor's Preface

(p.vii) General Editor's Preface

Manifest Madness
Oxford University Press

In this monograph Arlie Loughnan examines the criminal law's response to what she terms ‘mental incapacity’. This takes her beyond a study of the ‘defence of insanity’ to consider a wider range of doctrines including infancy and intoxication, infanticide and diminished responsibility. Drawing on historical research and on legal theory, the author challenges various orthodoxies in criminal law scholarship, and reconceptualizes the relationship between the criminal law and forms of mental incapacity. The book casts new light on established topics, and does so at a time when law reform agencies in this country and elsewhere are turning their attentions to this part of the criminal law. This monograph should therefore be an important resource both for legal scholarship and for law reformers.

Andrew Ashworth (p.viii)