Remodelling Criminal Insanity: Exploring Philosophical, Legal, and Medical Premises of the Medical Model Used In Norwegian Law

International Journal of Law and Psychiatry (Forthcoming)

U of Penn Law School, Public Law Research Paper No. 22-07

8 Pages Posted: 19 Jan 2022

See all articles by Linda Gröning

Linda Gröning

University of Bergen - Faculty of Law

Unn K. Haukvik

Adult Psychiatry Unit, University of Oslo; University of Oslo - Division of Mental Health and Addiction

Stephen Morse

University of Pennsylvania Carey Law School

Susanna Radovic

Department of Philosophy, Linguistics, Theory of Science, University of Gothenburg

Date Written: January 18, 2022

Abstract

This paper clarifies the conceptual space of discussion of legal insanity by considering the virtues of the ‘medical model’ model that has been used in Norway for almost a century. The medical model identifies insanity exclusively with mental disorder, and especially with psychosis, without any requirement that the disorder causally influenced the commission of the crime. We explore the medical model from a transdisciplinary perspective and show how it can be utilised to systematise and reconsider the central philosophical, legal and medical premises involved in the insanity debate. A key concern is how recent transdiagnostic and dimensional approaches to psychosis can illuminate the law's understanding of insanity and its relation to mental disorder. The authors eventually raise the question whether the medical model can be reconstructed into a unified insanity model that is valid across the related disciplinary perspectives, and that moves beyond current insanity models.

Keywords: Criminal law, medical model, criminal insanity, Norwegian insanity law, criminal responsibility, mental disorder

Suggested Citation

Gröning, Linda and Haukvik, Unn K. and Morse, Stephen J. and Radovic, Susanna, Remodelling Criminal Insanity: Exploring Philosophical, Legal, and Medical Premises of the Medical Model Used In Norwegian Law (January 18, 2022). International Journal of Law and Psychiatry (Forthcoming), U of Penn Law School, Public Law Research Paper No. 22-07, Available at SSRN: https://ssrn.com/abstract=4012781

Linda Gröning (Contact Author)

University of Bergen - Faculty of Law ( email )

Norway

Unn K. Haukvik

Adult Psychiatry Unit, University of Oslo ( email )

P.O. Box 1047
Oslo, 0316
Norway

University of Oslo - Division of Mental Health and Addiction ( email )

Stephen J. Morse

University of Pennsylvania Carey Law School ( email )

3501 Sansom Street
Philadelphia, PA 19104
United States

Susanna Radovic

Department of Philosophy, Linguistics, Theory of Science, University of Gothenburg ( email )

Box 200
Gothenburg, 40530
Sweden

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