With Sn Compounds

Breunig, H. J.

doi:10.1002/9780470145210.ch52

Cited by 1 publication

(1 citation statement)

References 13 publications

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“…Hallows CJ said that to excuse the defendant from liability, the mental illness 'must be such as to affect the person's ability to understand and appreciate the duty which rests upon him'. 95 This 'understand and appreciate' test is a curious contrivance because the courts have invoked it in cases in which a defendant has suddenly and without warning exhibited symptoms of mental illness. In this way, the test might be construed as the North American equivalent of Mansfield.…”

Section: (B) the Definition Problemmentioning

confidence: 99%

Mental Capacity as a Concept in Negligence: Against an Insanity Defence

Fanning

2017

Psychiatry, Psychology and Law

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A defendant's 'insanity' will not excuse his or her negligence. According to corrective justice theory, if A injures B, then A should compensate B-that A's actions may be attributable to a mental illness is therefore immaterial. Some tort scholars argue the law should excuse insane defendants from liability because they lack the mental capacity to commit negligence. 'Capacity' therefore lies at the core of the case for insanity defence. This article argues that 'capacity' fails as a framework concept for the insanity defence. It is poorly defined, fails to map onto the structural features of negligence and poses significant evidential challenges. It also has a spurious relationship with insanity. This paper prefers the status quo and concludes that the case for excusing the insane from negligence liability is conceptually flawed and normatively unconvincing.

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Section: (B) the Definition Problemmentioning

confidence: 99%

Mental Capacity as a Concept in Negligence: Against an Insanity Defence

Fanning

2017

Psychiatry, Psychology and Law

View full text Add to dashboard Cite

show abstract

With Sn Compounds

Cited by 1 publication

References 13 publications

Mental Capacity as a Concept in Negligence: Against an Insanity Defence

Mental Capacity as a Concept in Negligence: Against an Insanity Defence

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