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Understanding the law's complex association between criminal insanity and mental disorders

Project description

Rethinking insanity in the courtroom

What exactly is criminally insane? Who gets to decide? Courtrooms throughout Europe use a centuries-old legal doctrine to determine whether an individual was responsible for their behaviour. But today, that doctrine relies heavily on psychiatric diagnoses never intended for legal use. This can lead to a lack of clarity, arbitrariness, and unfairness. The law can reflect the complexity of mental illnesses. With this in mind, the ERC-funded project COMPLEX will carry out a legal analysis mixed with philosophy and mind sciences. Specifically, it will study how courts across countries understand and apply insanity laws. The findings will pave the way for a fairer system.

Objective

The fundamental legal doctrine of criminal insanity is found in most legal orders. It concerns a defendant’s lack of capacity for responsible action and defines the justifiable use of punishment. It is a key entrance point for comprehending how law conceives of agency and deviancy, but also a highly controversial legal construct. A major concern is that there is a mismatch between how criminal insanity has been paradigmatically understood in law and how it is today inevitably associated with mental disorders. This doctrine has been formulated in terms of folk psychological notions of rational agency but increasingly relies on psychiatric diagnoses and symptoms, with forensic experts as premise providers in criminal proceedings.

However, psychiatric constructs were not developed for criminal law and people diagnosed with mental disorders may have vastly varying functional impairments. Legal research has yet to elucidate how this complexity plays out in criminal insanity rules and judgements. There is a pressing need for cross-country empirical and interdisciplinary legal studies that integrate insights from mind sciences to explore this matter. The lack of legal clarity about the relevance of mental disorders raises concerns about the rule of law, unequal treatment, and criminal justice.

COMPLEX will advance our understanding of law’s associations between criminal insanity and mental disorders, with a research design that transcends conventional legal research by combining cross-country empirical studies of current legal doctrines with interdisciplinary analysis of how the normative and factual legal premises about mental disorders involved in these doctrines relate to philosophy and mind sciences. The ambition is to provide a new theoretical framework for understanding mental disorders in criminal law. COMPLEX has the potential to challenge current paradigms and have major implications for both science and society.

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HORIZON-ERC - HORIZON ERC Grants

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Call for proposal

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(opens in new window) ERC-2024-COG

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Host institution

UNIVERSITETET I BERGEN
Net EU contribution

Net EU financial contribution. The sum of money that the participant receives, deducted by the EU contribution to its linked third party. It considers the distribution of the EU financial contribution between direct beneficiaries of the project and other types of participants, like third-party participants.

€ 2 000 000,00
Address
MUSEPLASSEN 1
5020 Bergen
Norway

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Region
Norge Vestlandet Vestland
Activity type
Higher or Secondary Education Establishments
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Total cost

The total costs incurred by this organisation to participate in the project, including direct and indirect costs. This amount is a subset of the overall project budget.

€ 2 000 000,00

Beneficiaries (1)

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