{"title":"刑法中的精神错乱辩护:选择策略还是约束策略?","authors":"Audrey Guinchard","doi":"10.2139/SSRN.1290057","DOIUrl":null,"url":null,"abstract":"Criminal liability rests upon the capacity of the person to distinguish between what is legal and illegal. Loss of this capacity, through insanity for example, stops the person to be held liable before a court of law. Only medical treatment will be sought. Such legal strategy expresses a philosophical choice most European legal systems made at the end of the 18th century and which is not without its own doubts. Yet, most of the issues raised about the insanity defense in English law focus on the meaning of insanity. A comparative approach with French law sheds light on the legal strategy adopted to determine what is legal and illegal: the practicalities of the procedural system play an intricate part in formulating the strategy in criminal law.","PeriodicalId":254768,"journal":{"name":"Legal History eJournal","volume":"7 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2008-09-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"The Insanity Defence in Criminal Law: Strategies of Choice or of Constraint?\",\"authors\":\"Audrey Guinchard\",\"doi\":\"10.2139/SSRN.1290057\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Criminal liability rests upon the capacity of the person to distinguish between what is legal and illegal. Loss of this capacity, through insanity for example, stops the person to be held liable before a court of law. Only medical treatment will be sought. Such legal strategy expresses a philosophical choice most European legal systems made at the end of the 18th century and which is not without its own doubts. Yet, most of the issues raised about the insanity defense in English law focus on the meaning of insanity. A comparative approach with French law sheds light on the legal strategy adopted to determine what is legal and illegal: the practicalities of the procedural system play an intricate part in formulating the strategy in criminal law.\",\"PeriodicalId\":254768,\"journal\":{\"name\":\"Legal History eJournal\",\"volume\":\"7 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2008-09-07\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Legal History eJournal\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.2139/SSRN.1290057\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Legal History eJournal","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.2139/SSRN.1290057","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
The Insanity Defence in Criminal Law: Strategies of Choice or of Constraint?
Criminal liability rests upon the capacity of the person to distinguish between what is legal and illegal. Loss of this capacity, through insanity for example, stops the person to be held liable before a court of law. Only medical treatment will be sought. Such legal strategy expresses a philosophical choice most European legal systems made at the end of the 18th century and which is not without its own doubts. Yet, most of the issues raised about the insanity defense in English law focus on the meaning of insanity. A comparative approach with French law sheds light on the legal strategy adopted to determine what is legal and illegal: the practicalities of the procedural system play an intricate part in formulating the strategy in criminal law.
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