Legal Insanity and the Brain: Science, Law and European Courts

by Sofia Moratti (Editor), Dennis Patterson (Editor)

Overview

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.

Product Details

ISBN-13:	9781509902330
Publisher:	Bloomsbury Publishing
Publication date:	10/20/2016
Sold by:	Barnes & Noble
Format:	eBook
Pages:	272
File size:	710 KB

About the Author

Sofia Moratti is Senior Research Fellow at the Department of Law of the European University Institute in Florence, Italy and Member of the Ethics Committee of the Neuroscience Area of the International School for Advanced Studies (SISSA), Trieste, Italy.
Dennis Patterson is Board of Governors Professor of Law and Philosophy at Rutgers University, Professor of Legal Theory and Legal Philosophy at the European University Institute in Florence, Italy and he holds a Chair in Legal Theory and International Trade at Swansea University, UK.
At the time that this book was published, Sofia Moratti was Senior Research Fellow at the Department of Law of the European University Institute in Florence, Italy and Member of the Ethics Committee of the Neuroscience Area of the International School for Advanced Studies (SISSA), Trieste, Italy. She currently works as a research fellow at the Norwegian University of Science and Technology (NTNU), in Trondheim, Norway. She is affiliated with the Institute of Interdisciplinary Studies of Culture, Faculty of Humanities.

Table of Contents

1. Introduction
Sofia Moratti and Dennis Patterson
2. The Neurobiology of Antisocial and Amoral Behaviour: Insights from Brain Science and Implications for Law
Cole Korponay and Michael Koenigs
3. 'Neuroscepticism' in the Courtroom: The Limited Role of Neuroscientific Evidence in Belgian Criminal Proceedings
Katrien Hanoulle and Frank Verbruggen
4. France. Is the Evidence Too Cerebral to Be Cartesian?
Rafael Encinas de Muñagorri and Claire Saas
5. 'Not Guilty by Reason of Insanity' in the Italian Jurisdiction. A Neuroscience Revolution?
Barbara Bottalico and Amedeo Santosuosso
6. Legal Insanity and Neurolaw in the Netherlands: Developments and Debates
Gerben Meynen
7. On the Abolition and Reintroduction of Legal Insanity in Sweden
Tova Bennet and Susanna Radovic
8. Abolishing the Insanity Verdict in the United Kingdom: A Better Balance Between Legal Rules and Scientific Understanding?
Lisa Claydon and Paul Catley
9. Legal Insanity in the Age of Neuroscience
Stephen J Morse

Editorial Reviews

Legal Insanity and the Brain enriches our understanding of the nuance and complexity associated with the intersection of law and neuroscience and makes a novel contribution to the debate...the collection provides a rigorous and accurate introduction to the regulation of legal insanity and the presentation of expert evidence in Europe and the United States. The reader who is unfamiliar with these themes, and who is looking for an updated account of the most recent proposals in this area of criminal law, will find an extremely valuable resource in this volume.” —European Journal of Health Law

“Those interested in any aspect of criminal law and procedure and those interested in any aspect of scientific evidence will find this book worth their time and attention. Those who are particularly interested in the insanity defense will find in it a bonanza of new, provocative and thoughtful ideas. We are pleased to recommend it.” —Criminal Law and Criminal Justice Books

From the Publisher