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Placing BlameA Theory of the Criminal Law$
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Michael S. Moore

Print publication date: 2010

Print ISBN-13: 9780199599493

Published to Oxford Scholarship Online: September 2010

DOI: 10.1093/acprof:oso/9780199599493.001.0001

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Mental Illness and Responsibility

Mental Illness and Responsibility

(p.595) 14 Mental Illness and Responsibility
Placing Blame

Michael Moore (Contributor Webpage)

Oxford University Press

The insanity defence is the criminal law’s most self-conscious home for its otherwise presupposed theory of the person. This point is only seen, however, by stripping away centuries of legal doctrine about the insanity defence that purports to cabin the defence to situations of excusable ignorance, mistake, compulsion, lack of free will, lack of intention, etc. The defence rather deals with a fundamental attribute of both personhood and moral agency, which is rationality. A sketch of the nature of rationality is given in terms of practical reason.

Keywords:   insanity, mental illness, rationality, compulsion, ignorance, mistake, free will

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