Insanity

Palgrave Handbook of Applied Ethics and the Criminal Law (Larry Alexander & Kim Kessler Ferzan eds, 2019)

Posted: 13 Nov 2019

Date Written: November 2, 2019

Abstract

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.

Keywords: Insanity

JEL Classification: K14

Suggested Citation

Garvey, Stephen P., Insanity (November 2, 2019). Palgrave Handbook of Applied Ethics and the Criminal Law (Larry Alexander & Kim Kessler Ferzan eds, 2019). Available at SSRN: https://ssrn.com/abstract=3479738

Stephen P. Garvey (Contact Author)

Cornell Law School ( email )

Myron Taylor Hall
Cornell University
Ithaca, NY 14853-4901
United States
607-255-8589 (Phone)
607-255-7193 (Fax)

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