Insane or religious? Drawing the line between incapacity and capacity to act, and its business potential

Abstract

In some cases, peculiar religious beliefs might qualify as delusions which undermine one´s capacity to act. Distinguishing between the two, a “normal” religious belief and a delusion, is troublesome, with a number of different approaches taken by medical practitioners, scholars and courts, and at its worst leading to arbitrary decision making promoting the prevailing societal norms and the judges´ own biases. This also opens a market segment: A group of vulnerable consumers is left without protection and may be exposed to faith-based marketing by exploiting psychology of beliefs. The thesis studies the different approaches with the help of the DSM-5 and the US insane delusions doctrine, as well as makes considerations from the perspective of various other jurisdictions. Comparing the identified approaches, their rationales and the challenges surrounding the topic, the thesis tries to derive into an ideal, universally applicable solution (de lege ferenda) combining elements from each existing one.