Why Amnesia and the Law Is Not a Useful Topic

Document Type


Publication Date



This brief note suggests that amnesia and the law (or any other behavioral condition and the law) is not a jurisprudentially interesting topic because such behavioral conditions do not require distinct legal critera and procedures. Rather, the issues that each raises are examples of more general normative issues, such as the proper criteria for competence or responsibility, that should be addressed more generally and directly. Distinct behavioral conditions are simply factors that should be used as evidence when the law adjudicates or develops more general doctrines.

Publication Title

Behavioral Sciences & the Law