Palgrave Handbook of Applied Ethics and the Criminal Law (Larry Alexander & Kim Kessler Ferzan eds, 2019)
Posted: 13 Nov 2019 Last revised: 15 Feb 2020
Date Written: November 2, 2019
This chapter, to be included in the forthcoming Palgrave Handbook of Applied Ethics and the Criminal Law, edited by Larry Alexander and Kim Kessler Ferzan, critically discusses the traditional law of insanity, according to which an accused is insane if, as a result of mental disease or defect, he lacks the capacity to know the law or to conform his conduct to it. It then critically discusses an alternative proposal, according to which an accused is insane if he is in some sense irrational. It is intended as a useful resource for law students and teachers.
JEL Classification: K14
Suggested Citation: Suggested Citation