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Commentary on Szmukler: Mental Illness, Dangerousness, and Involuntary Civil Commitment

In Daniel D. Moseley Gary J. Gala (ed.), Philosophy and Psychiatry: Problems, Intersections, and New Perspectives. Routledge. pp. 147-160 (2016)

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  1. Dangerous Psychopaths: Criminally Responsible But Not Morally Responsible, Subject to Criminal Punishment And to Preventive Detention.Ken Levy - 2011 - San Diego Law Review 48:1299-1395.
    I argue for two propositions. First, contrary to the common wisdom, we may justly punish individuals who are not morally responsible for their crimes. Psychopaths – individuals who lack the capacity to feel sympathy – help to prove this point. Scholars are increasingly arguing that psychopaths are not morally responsible for their behavior because they suffer from a neurological disorder that makes it impossible for them to understand, and therefore be motivated by, moral reasons. These same scholars then infer from (...)
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