道德责任和精神障碍:对疯狂辩护的哲学探索
1Essex Partnership University NHS Foundation Trust, Runwell, Wickford, UK.
Medicine, science, and the law
|April 3, 2025
概括
精神障碍可能会影响道德责任和法律防御,如精神错乱防御. 这项研究建议在精神错乱辩护中添加一个自愿的元素,以获得更大的正义和连贯性.
科学领域:
- 法医精神病学 法医精神病学
- 法律哲学 法律哲学
- 认知神经科学 认知神经科学
背景情况:
- 道德责任的概念受到精神障碍的挑战.
- 当前的精神错乱辩护标准各不相同,缺乏连贯的哲学基础.
- 妄想是成功的精神错乱防御的一个常见因素,但它们的性质各不相同.
研究的目的:
- 检查心理障碍如何影响道德责任.
- 建议对英格兰和威尔士的精神错乱辩护进行修正.
- 增强精神错乱辩护的哲学连贯性和正义性.
主要方法:
- 对精神错乱辩护的法律和哲学基础的分析.
- 审查错觉在刑事责任中的作用.
- 在精神错乱辩护标准中加入一个意志因素的论点.
主要成果:
- 目前的精神错乱辩护,特别是关于妄想的辩护,提出了重大挑战.
- 拟议的意志要素将评估理性,知识,控制和意图形成的缺陷.
- 对道德责任的理性解释与这些能力有关.
结论:
- 将精神错乱辩护修改为一个有意义的组成部分,将创造一个更公正和哲学上更健全的法律框架.
- 这项修正案将允许对面临刑事指控的精神障碍患者采取更一致的方法.
- 心理障碍的程度,如妄想,被认为是操纵与自我内在部分对比,影响免责.
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