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Boundary problems in terms of the concept of responsibility based on mental illnesses in law

2022
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Advisor: Doç. Dr. Sercan Gürler

Abstract (EN)

Mental illnesses have been a topic that has piqued the interest of both law and medical science from the past to the present. This research was carried out to obtain in-depth information about society's perceptions, behaviors, and ideas about mental illnesses and mental patients. Our study focuses on the legally actual person in the context of mental illness, which has a long history in human history. It‟s worth noting that the phrase mental illness isn‟t just a legal term; it‟s also a term that‟s been addressed by numerous disciplines of science. Indeed, mental illness is a subject that is studied in fields of sciences such as medicine, philosophy, and sociology, as well as law. These fields of science are continually in organic contact with one another and unquestionably influence one another. So, in light of the information obtained from the unification of these disciplines within the line of scientific objectivity, we built our research on the examination of legal processes related to mental illnesses, making medical classifications, and the boundary problems that may arise in relation to mental illnesses. In our study, only the legal classification of mental illnesses was not satisfied. The concerns that constitute the boundary problems in mental illnesses, as well as whether or not there is a mental illness, are explored in detail. In this regard, it has been discussed what sort of repercussions the boundary problems have in cases where it is not clear whether there is a mental illness or not, in terms of Turkish law, from the perspectives of philosophy of law and sociology disciplines. The impact of events such as the pandemic (COVID-19) and wars that occurred throughout our study was also investigated and assessed. Keywords: Mental Illness, Flaw Ability, Criminal Responsibility, Legal Capacity, Philosophy and Sociology, Boundary Problems.

Author

Dr. Gözde Erkin

How to Cite

Gözde Erkin (Doctorate thesis). Boundary problems in terms of the concept of responsibility based on mental illnesses in law, 2022, İstanbul University.

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