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Abstract Book - International Academy of Law and Mental Health

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with unusual conviction <strong>and</strong> that is not ordinarily accepted by other members <strong>of</strong> the person’sculture or subculture. This definition raises several difficulties. There are examples <strong>of</strong> delusionsthat do not meet all <strong>of</strong> these criteria (e.g., delusions need not be false, <strong>and</strong> they can be shared byseveral people). There are also kinds <strong>of</strong> ideas that do meet these criteria, but are not normallyviewed as delusions (e.g., some ideas that are maintained by religious or cultural subgroups).This presentation outlines different ways <strong>of</strong> defining delusions in the psychiatric sense, <strong>and</strong>discuss their usefulness when it comes to assessing accountability in a legal context.Hate Crime, <strong>Mental</strong> Disorder, <strong>and</strong> Criminal ResponsibilityChristian Munthe, University <strong>of</strong> Gothenburg (christian.munthe@gu.se)Hate crimes are ordinary crimes committed in connection with a negatively prejudiced, biased,disparaging, or antagonistic attitude towards the victim in terms <strong>of</strong> a perceived membership <strong>of</strong> asocial group. Some hate crimes are elaborate political acts <strong>of</strong> terror or elaborate persecution,some are so-called “hate speech,” but the overwhelming majority are instances <strong>of</strong> mundanecriminality, involving everything from murder to theft <strong>and</strong> harassment. Hate crime policies reston the idea that the bias or “hate” feature make such crimes worse, <strong>and</strong> that <strong>of</strong>fenders for thisreason should be held more firmly responsible. At the same time, the attitude <strong>of</strong> making a crimeinto a hate crime involves more or less distorted ideas about reality, together with a willingnessto transgress social norms on that basis. In some cases, these views amount to major delusions,resistant to rational scrutiny. In other cases, we may move closer to a point where the beliefdesirecluster can be seen as ordinary negligence. Thus, many hate crimes have features that maybe argued acting to diminish responsibility according to st<strong>and</strong>ard ideas in the philosophy <strong>of</strong>punishment. The presentation maps underlying value conflicts, tensions, <strong>and</strong> incoherence in legalpractice connected to this complexity <strong>of</strong> criminal law.The Principle <strong>of</strong> Responsibility in <strong>Health</strong>care PrioritizationsNiklas Juth, Karolinska Institute, Stockholm, Sweden (niklas.juth@ki.se)Principles <strong>of</strong> responsibility in health care claim that those whose need for health careinterventions is a consequence <strong>of</strong> their own voluntary choices, choices for which it would bereasonable to hold them responsible, should receive lower priority. Such principles have been out<strong>of</strong> fashion for a long time in legislation <strong>and</strong> bioethical literature. They have been consideredarbitrary due to the difficulty <strong>of</strong> determining who can reasonably be held responsible for theirhealth, <strong>and</strong> moralizing, due to its tendency to focus on some causes <strong>of</strong> poor health (like smoking<strong>and</strong> eating) <strong>and</strong> not others (like fire-fighting <strong>and</strong> abstaining from pregnancy). However, in recentyears, principles have received renewed attention <strong>and</strong> are defended again to an increasing extent.These defenses commonly rest on some form <strong>of</strong> so-called “luck egalitarianism,” according towhich justice requires us to cater to the claims <strong>of</strong> victims <strong>of</strong> bad brute luck before there is an12

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