The Insanity Defense

A Philosophical Analysis

Elgar Studies in Legal Theory

Wojciech Załuski, Professor of Law, Department of Philosophy of Law and Legal Ethics, Jagiellonian University, Krakow, Poland

This unique book provides a versatile exploration of the philosophical foundations of the insanity defense. It examines the connections between numerous philosophical–anthropological views and analyses different methods for regulating the criminal responsibility of the mentally ill. Placing its philosophical analysis firmly in the context of science, it draws on the fields of cognitive psychology, evolutionary theory and criminology. In this thought-provoking book, Wojciech Załuski argues that the way in which we resolve the problem of the criminal responsibility of the mentally ill depends on two factors: the assumed conception of responsibility and the account of mental illness.

‘Wojciech Załuski’s work focusing on the insanity defense, one of the classic problems of criminal law, is an excellent demonstration of how to impartially explain the presumptive underpinnings of this field, an approach which is often absent within ordinary approaches to legal argumentation. The book will be of great assistance for every judge, attorney and professor of criminal law, helping to deepen reflections on the problem of the insanity defense.’
大学——Marek Zirk-Sadowski of Lodz, Poland

‘Wojciech Załuski has written a profound book, in which he provides the legal excuse of the insanity defense with philosophical underpinnings, starting from the assumption that human beings have a free will. His argument provides deeper understanding for those who share his starting point, and a delineation of what precisely they must reject for those who do not share it. Highly recommended reading for both defenders and deniers of free will.’
– Jaap Hage, Maastricht University, the Netherlands