ABSTRACT

This introduction presents an overview of the key concepts discussed in the subsequent chapters of this book. The book seeks to improve our understanding of crime by dwelling on its cognitive dimensions. It focuses on truth, intentionality and evidence–concepts that, implying cognitive representations, legal and moral norms, judicial procedures and so on are variously invoked depending on the culture and social context. The book explores how psychological intuition, social knowledge, cultural values and local power relations play active parts in the judgments made by magistrates or appraisals written by doctors of law. It describes the trial and error, perplexity and complications in mustering evidence and establishing proof for judicial propositions, sentences or verdicts. The book examines the confrontation between Mafia norms and the state justice system during the trial of Mafiosi or between the Truth and Reconciliation Commission and the Khulumani Support Group in apartheid-related crimes in South Africa.