PSYCHE – Mental elements of crime

Research projects

Research Group: Foundations of Criminal Normativity and Interdisciplinary Relations with Other Sciences and Philosophy

Main Researcher: Maria Fernanda Palma, Ricardo Tavares da Silva e António Brito Neves

Researchers: Ana Escher, António Brito Neves, Bárbara Sousa e Brito, Carolina Pecegueiro, Catarina Abegão Alves, Inês Sítima, João Matos Viana, Jorge Silva Santos, Mafalda Moura Melim, Margarida Neiva Antunes, Maria Luisa Figueira, Nuno Igreja Matos, Rita do Rosário, Sílvia Alves, Vanessa de Biassio, Vanessa Pelerigo, Wagner Marteleto

Project Status: Ongoing (2024-2028)

Description

The ‘Psyche’ project will address discussions on the meaning of mental states in the context of crimes, the consideration of the ‘unconscious’ in determining criminal liability, and the relevance of mental disorders.

Objectives

CIDPCC is methodologically oriented to the deconstruction of traditional dogmatic and case law categories, drawing insights of human behaviour from science and philosophy. This critical analysis aims to influence standards of justice and to contribute to other thoughts about human communicative behaviour. The aforementioned approach commits CIDPCC to an ongoing process of adapting and reforming criteria related to criminal liability. To address the specific goal of bridging mentalistic concepts with legal-criminal criteria, CIDPCC will undertake the research project ‘Psyche – The Mental Elements of Crime’. This project will delve into the political-normative dimensions of punishable behaviour, the objectivity of its characterization within the realms of philosophy of mind and philosophy of action, and its intersections with neuroscience, offering critical insights into case law. The primary aim of this project is to critically examine the role of mentalistic language in shaping the jurisprudential standards that define the boundaries of criminal liability. These are the key challenges to address: i) whether criminal law can legitimately penalize based on what is commonly understood in psychology and philosophy as ‘mental states’; ii) the legitimacy of employing these mentalistic concepts within criminal law to clarify their meaning within legal language; iii) the challenge of proof and associated demonstrations.

Activities:

• Bimonthly Research Seminar (with researchers)
• Final Collective Conference (with researchers and invited experts)
• Publication of a collective work disseminating the results

Articulation with Postgraduate Education

Integration into the Project, as junior researchers, of Master’s and PhD students whose dissertation topics align with the description and purposes of the Research Project, as well as students from the postgraduate courses ‘Criminal Law and AI’ and ‘Criminal Law and Medicine,’ whose contributions prove to be an asset, particularly in light of the final reports submitted.