RATIO: Unpacking rationality in criminal law legislation for offenders with mental disorder or disability

This project aims to explore how rationality and irrationality are operationalized in forensic psychiatric and criminal law practice, drawing from contemporary theories of rationality and responsibility in philosophy of law and moral philosophy.

The focus is on rules regarding criminal responsibility and sanctions for offenders with mental disorder or disability, where irrationality is often referred to both as a justification for differential treatment and as a practical tool for identifying who should be treated differently.By utilizing qualitative analysis of court judgments and forensic psychiatric reports from Sweden, we aim to illuminate how rationality is theoretically conceptualized by legal scholars and practically applied in courts.

Additionally, the project will contribute to bridging the gap between philosophical discussions and practical applications, offering insights for philosophical and legal scholars as well as practitioners in law and psychiatry.

While laws and practices vary among legal systems, fundamental principles, and practical questions regarding offenders with mental disorder or disability remain consistent.

Sweden provides easy access to both legal and psychiatric assessment and provides a suitable context for empirical research.

Through a nuanced exploration of rationality, this research project endeavours to enrich the discourse surrounding the treatment of individuals with mental disorder or disability within criminal justice systems.