Kathleen V. Wilkes
- Published in print:
- 1993
- Published Online:
- October 2011
- ISBN:
- 9780198240808
- eISBN:
- 9780191680281
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198240808.001.0001
- Subject:
- Philosophy, Philosophy of Mind, Metaphysics/Epistemology
This book explores the scope and limits of the concept of a person — a vexed question in contemporary philosophy. The author begins by questioning the methodology of thought-experimentation, arguing ...
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This book explores the scope and limits of the concept of a person — a vexed question in contemporary philosophy. The author begins by questioning the methodology of thought-experimentation, arguing that it engenders inconclusive and unconvincing results, and that truth is stranger than fiction. She then examines an assortment of real-life conditions, including infancy, insanity and dementia, dissociated states, and split brains. The popular faith in continuity of consciousness and the unity of the person is subjected to sustained criticism. The author concludes with a look at different views of the person found in Homer, Aristotle, the post-Cartesians, and contemporary cognitive science.Less
This book explores the scope and limits of the concept of a person — a vexed question in contemporary philosophy. The author begins by questioning the methodology of thought-experimentation, arguing that it engenders inconclusive and unconvincing results, and that truth is stranger than fiction. She then examines an assortment of real-life conditions, including infancy, insanity and dementia, dissociated states, and split brains. The popular faith in continuity of consciousness and the unity of the person is subjected to sustained criticism. The author concludes with a look at different views of the person found in Homer, Aristotle, the post-Cartesians, and contemporary cognitive science.
Michael W. Dols and Diana E. Immisch
- Published in print:
- 1992
- Published Online:
- October 2011
- ISBN:
- 9780198202219
- eISBN:
- 9780191675218
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198202219.003.0017
- Subject:
- History, World Medieval History, History of Science, Technology, and Medicine
In dealing with the concept of insanity in medieval Islamic society several subtopics also emerge such as, what constitutes sanity? A major objective of this study has been to place the subject in ...
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In dealing with the concept of insanity in medieval Islamic society several subtopics also emerge such as, what constitutes sanity? A major objective of this study has been to place the subject in its historical context and not to present insanity as a disembodied medical, religious, or legal notion. Because of the limitations of the medieval evidence, this goal has not always been fully achieved, but, in general, insanity has been presented as a significant aspect of Islamic social history. Insanity as a medical concept was closely related to the development of Islamic sciences and institutions; religious healing was intimately associated with the growth of Muslim saints; and the madman as holy fool was a vivid expression of the evolution of Muslim religiosity.Less
In dealing with the concept of insanity in medieval Islamic society several subtopics also emerge such as, what constitutes sanity? A major objective of this study has been to place the subject in its historical context and not to present insanity as a disembodied medical, religious, or legal notion. Because of the limitations of the medieval evidence, this goal has not always been fully achieved, but, in general, insanity has been presented as a significant aspect of Islamic social history. Insanity as a medical concept was closely related to the development of Islamic sciences and institutions; religious healing was intimately associated with the growth of Muslim saints; and the madman as holy fool was a vivid expression of the evolution of Muslim religiosity.
Charles Patrick Ewing
- Published in print:
- 2008
- Published Online:
- April 2010
- ISBN:
- 9780195326130
- eISBN:
- 9780199893591
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195326130.001.0001
- Subject:
- Psychology, Forensic Psychology
The insanity defense is one of the oldest fixtures of the Anglo-American legal tradition. Though it is available to people charged with virtually any crime, and is often employed without controversy, ...
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The insanity defense is one of the oldest fixtures of the Anglo-American legal tradition. Though it is available to people charged with virtually any crime, and is often employed without controversy, homicide defendants who raise the insanity defense are often viewed by the public and even the legal system as trying to get away with murder. Often it seems that the legal result of an insanity defense is unpredictable, and is determined not by the defendant's mental state, but by their lawyers' and psychologists' influence. From the thousands of murder cases in which defendants have claimed insanity, Doctor Ewing has chosen ten of the most influential and widely varied. Some were successful in their insanity plea, while others were rejected. Some of the defendants remain household names years after the fact, like Jack Ruby, while others were never nationally publicized. Regardless of the circumstances, each case considered here was extremely controversial, hotly contested, and relied heavily on lengthy testimony by expert psychologists and psychiatrists. Several of them played a major role in shaping the criminal justice system as we know it today.Less
The insanity defense is one of the oldest fixtures of the Anglo-American legal tradition. Though it is available to people charged with virtually any crime, and is often employed without controversy, homicide defendants who raise the insanity defense are often viewed by the public and even the legal system as trying to get away with murder. Often it seems that the legal result of an insanity defense is unpredictable, and is determined not by the defendant's mental state, but by their lawyers' and psychologists' influence. From the thousands of murder cases in which defendants have claimed insanity, Doctor Ewing has chosen ten of the most influential and widely varied. Some were successful in their insanity plea, while others were rejected. Some of the defendants remain household names years after the fact, like Jack Ruby, while others were never nationally publicized. Regardless of the circumstances, each case considered here was extremely controversial, hotly contested, and relied heavily on lengthy testimony by expert psychologists and psychiatrists. Several of them played a major role in shaping the criminal justice system as we know it today.
Rex Martin
- Published in print:
- 1997
- Published Online:
- November 2003
- ISBN:
- 9780198292937
- eISBN:
- 9780191599811
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198292937.003.0011
- Subject:
- Political Science, Political Theory
The chapter suggests that there are three main modes of punishment (each with distinguishing features): (1) penalty, invoked against the offender; (2) compensation, to be paid to the victim of crime; ...
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The chapter suggests that there are three main modes of punishment (each with distinguishing features): (1) penalty, invoked against the offender; (2) compensation, to be paid to the victim of crime; and (3) treatment and rehabilitation of the adjudged offender. These are all modes of punishment in virtue of coming under the same general characterization, but each mode has distinguishing features as well. Penalty (e.g. imprisonment, fines) has the prevention of lawbreaking (and thereby the prevention of violations to the rights of others) as its exclusive or primary goal; it achieves this goal through credible examples of penalization or through incapacitation of the offender. Compensation is concerned principally with the good of the victims of crime (with restoration of such persons’ well being, with covering the losses they suffered through the violation of their rights by the offender); it achieves this goal by requiring that money or in‐kind aid be given to the victim (and achieves thereby, an incidental deterrent impact on crime as well). Treatment/rehabilitation is concerned with the good of the adjudged violator (though not exclusively, for the ultimate good of society is also contemplated); it achieves this goal through distinctive measures of treatment (e.g. medical treatment) and rehabilitation (e.g.education).One of the main thrusts of this chapter is to show that treatment/rehabilitation, in so far as it is required of adjudged violators is a quite specific and independent mode of punishment. The relevant argument here, respecting treatment/rehabilitation, is conducted mainly by considering a hard case: legal insanity, i.e. the after‐verdict handling of persons adjudged ‘not guilty by reason of insanity’.Less
The chapter suggests that there are three main modes of punishment (each with distinguishing features): (1) penalty, invoked against the offender; (2) compensation, to be paid to the victim of crime; and (3) treatment and rehabilitation of the adjudged offender. These are all modes of punishment in virtue of coming under the same general characterization, but each mode has distinguishing features as well. Penalty (e.g. imprisonment, fines) has the prevention of lawbreaking (and thereby the prevention of violations to the rights of others) as its exclusive or primary goal; it achieves this goal through credible examples of penalization or through incapacitation of the offender. Compensation is concerned principally with the good of the victims of crime (with restoration of such persons’ well being, with covering the losses they suffered through the violation of their rights by the offender); it achieves this goal by requiring that money or in‐kind aid be given to the victim (and achieves thereby, an incidental deterrent impact on crime as well). Treatment/rehabilitation is concerned with the good of the adjudged violator (though not exclusively, for the ultimate good of society is also contemplated); it achieves this goal through distinctive measures of treatment (e.g. medical treatment) and rehabilitation (e.g.education).
One of the main thrusts of this chapter is to show that treatment/rehabilitation, in so far as it is required of adjudged violators is a quite specific and independent mode of punishment. The relevant argument here, respecting treatment/rehabilitation, is conducted mainly by considering a hard case: legal insanity, i.e. the after‐verdict handling of persons adjudged ‘not guilty by reason of insanity’.
Mike W. Martin
- Published in print:
- 2006
- Published Online:
- September 2006
- ISBN:
- 9780195304718
- eISBN:
- 9780199786572
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195304713.003.0009
- Subject:
- Philosophy, Moral Philosophy
This chapter presents an integrated, moral-therapeutic perspective on crime and punishment. It begins by noting how the morality-therapy dichotomy constricted classical debates about punishment. ...
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This chapter presents an integrated, moral-therapeutic perspective on crime and punishment. It begins by noting how the morality-therapy dichotomy constricted classical debates about punishment. Using as examples kleptomania (compare compulsive gambling) and drug abuse (compare alcoholism), it is shown how serious crime can be both a wrongdoing and a sickness. These examples are familiar in debates about therapeutic approaches to crime, and they provide continuity with the preceding discussions of addictions. The chapter then discusses the possibility of extending a moral-therapeutic approach to other serious crime, and concludes with comments on legal insanity.Less
This chapter presents an integrated, moral-therapeutic perspective on crime and punishment. It begins by noting how the morality-therapy dichotomy constricted classical debates about punishment. Using as examples kleptomania (compare compulsive gambling) and drug abuse (compare alcoholism), it is shown how serious crime can be both a wrongdoing and a sickness. These examples are familiar in debates about therapeutic approaches to crime, and they provide continuity with the preceding discussions of addictions. The chapter then discusses the possibility of extending a moral-therapeutic approach to other serious crime, and concludes with comments on legal insanity.
Ann Jefferson
- Published in print:
- 2014
- Published Online:
- October 2017
- ISBN:
- 9780691160658
- eISBN:
- 9781400852598
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691160658.003.0018
- Subject:
- Literature, Criticism/Theory
This chapter chronicles the return of genius as a viable object of thought, this time in the context of madness. It first turns to the conjunction between neurosis and full-blown psychosis where ...
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This chapter chronicles the return of genius as a viable object of thought, this time in the context of madness. It first turns to the conjunction between neurosis and full-blown psychosis where genius commands greatest attention in the latter half of the twentieth century. This is explored in the case of Friedrich Hölderlin, who becomes the object of theoretical attention in the early 1950s. The chapter shows how, in the early years of theory Pierre Jean Jouve (a poet-essayist, more than a theorist in the late twentieth-century style) and Maurice Blanchot have examined the case of Hölderlin, with supporting illustration from other examples.Less
This chapter chronicles the return of genius as a viable object of thought, this time in the context of madness. It first turns to the conjunction between neurosis and full-blown psychosis where genius commands greatest attention in the latter half of the twentieth century. This is explored in the case of Friedrich Hölderlin, who becomes the object of theoretical attention in the early 1950s. The chapter shows how, in the early years of theory Pierre Jean Jouve (a poet-essayist, more than a theorist in the late twentieth-century style) and Maurice Blanchot have examined the case of Hölderlin, with supporting illustration from other examples.
Harald Krebs
- Published in print:
- 1999
- Published Online:
- May 2008
- ISBN:
- 9780195116236
- eISBN:
- 9780199871308
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195116236.003.0006
- Subject:
- Music, Theory, Analysis, Composition
This chapter demonstrates that metrical dissonance frequently interacts with other musical aspects in Schumann's works. One such aspect is musical form. Changes in metrical state often coincide with ...
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This chapter demonstrates that metrical dissonance frequently interacts with other musical aspects in Schumann's works. One such aspect is musical form. Changes in metrical state often coincide with large- or small-scale formal boundaries. Particular metrical dissonances may recur at successive formal boundaries, thereby functioning as markers of those boundaries. Different formal sections may be dominated by different metrical dissonances; these dissonances thus contribute to sectional contrast, and hence, to the clarification of the form. Interaction of metrical dissonance with pitch structure is common as well. Metrical dissonance may be coordinated with analogous states in the pitch domain (various types of instability — pitch dissonance, sequential structures, lack of closure, or tonal ambiguity, and conflict). Finally, metrical dissonance may interact with extramusical elements, particularly the texts of vocal works. Dissonances may have a pictorial function, mimicking sounds mentioned in the text. They may highlight especially significant points of a text. They may symbolize contradictory aspects of a character or a situation; certain negative emotional or spiritual states (for example, insanity); or various types of conflicts and tensions mentioned in a poem. By reaching an understanding of the meanings of metrical dissonance in Schumann's vocal works, we can, by extrapolation, make some hypotheses about their meanings in the instrumental works as well.Less
This chapter demonstrates that metrical dissonance frequently interacts with other musical aspects in Schumann's works. One such aspect is musical form. Changes in metrical state often coincide with large- or small-scale formal boundaries. Particular metrical dissonances may recur at successive formal boundaries, thereby functioning as markers of those boundaries. Different formal sections may be dominated by different metrical dissonances; these dissonances thus contribute to sectional contrast, and hence, to the clarification of the form. Interaction of metrical dissonance with pitch structure is common as well. Metrical dissonance may be coordinated with analogous states in the pitch domain (various types of instability — pitch dissonance, sequential structures, lack of closure, or tonal ambiguity, and conflict). Finally, metrical dissonance may interact with extramusical elements, particularly the texts of vocal works. Dissonances may have a pictorial function, mimicking sounds mentioned in the text. They may highlight especially significant points of a text. They may symbolize contradictory aspects of a character or a situation; certain negative emotional or spiritual states (for example, insanity); or various types of conflicts and tensions mentioned in a poem. By reaching an understanding of the meanings of metrical dissonance in Schumann's vocal works, we can, by extrapolation, make some hypotheses about their meanings in the instrumental works as well.
Akihito Suzuki
- Published in print:
- 2006
- Published Online:
- March 2012
- ISBN:
- 9780520245808
- eISBN:
- 9780520932210
- Item type:
- chapter
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520245808.003.0008
- Subject:
- History, British and Irish Modern History
This chapter summarizes the preceding discussions and presents some concluding thoughts from the author. This book has examined families' strategies for understanding, coping with, and managing ...
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This chapter summarizes the preceding discussions and presents some concluding thoughts from the author. This book has examined families' strategies for understanding, coping with, and managing insane family members, roughly from 1820 to 1860, a period that coincided with the rise of psychiatry and of the asylum. It analyzed both the internal dynamics and the external relations of families with insane members. The book reiterates the importance of the economic and financial aspects of the domestic problem of lunacy, in contrast to the emotional aspects that have so far been emphasized in the historiography on nineteenth-century psychiatry.Less
This chapter summarizes the preceding discussions and presents some concluding thoughts from the author. This book has examined families' strategies for understanding, coping with, and managing insane family members, roughly from 1820 to 1860, a period that coincided with the rise of psychiatry and of the asylum. It analyzed both the internal dynamics and the external relations of families with insane members. The book reiterates the importance of the economic and financial aspects of the domestic problem of lunacy, in contrast to the emotional aspects that have so far been emphasized in the historiography on nineteenth-century psychiatry.
Frank Graziano
- Published in print:
- 2004
- Published Online:
- January 2005
- ISBN:
- 9780195136401
- eISBN:
- 9780199835164
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195136403.001.0001
- Subject:
- Religion, History of Christianity
An in-depth study of St. Rose of Lima (1586–1617), canonized in 1671 as the first saint of the New World, serves to explore the meanings of female mysticism and the ways in which saints are products ...
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An in-depth study of St. Rose of Lima (1586–1617), canonized in 1671 as the first saint of the New World, serves to explore the meanings of female mysticism and the ways in which saints are products of their cultures. The opening chapter analyzes trends in scholarship on mysticism and the interrelations of sanctity and insanity. Rose and flower poetics are then pursued into the odor of sanctity, “deflowering,” edenic imagery, and the miracle by which Rose of Lima received her name. Two historical chapters analyze the politics of Rose of Lima’s canonization, exploring how mystical union bypasses sacramental and sacerdotal channels, poses an implicit threat to the bureaucratized church, and may be co-opted to integrate a competing claim into the Catholic canon. Virginity, austerity, mortification, eucharistic devotion, visions, expression of love through suffering, ecstasy, and mystical marriage are then studied both in themselves and in their relations to eroticism and to modern psychological disorders.Less
An in-depth study of St. Rose of Lima (1586–1617), canonized in 1671 as the first saint of the New World, serves to explore the meanings of female mysticism and the ways in which saints are products of their cultures. The opening chapter analyzes trends in scholarship on mysticism and the interrelations of sanctity and insanity. Rose and flower poetics are then pursued into the odor of sanctity, “deflowering,” edenic imagery, and the miracle by which Rose of Lima received her name. Two historical chapters analyze the politics of Rose of Lima’s canonization, exploring how mystical union bypasses sacramental and sacerdotal channels, poses an implicit threat to the bureaucratized church, and may be co-opted to integrate a competing claim into the Catholic canon. Virginity, austerity, mortification, eucharistic devotion, visions, expression of love through suffering, ecstasy, and mystical marriage are then studied both in themselves and in their relations to eroticism and to modern psychological disorders.
Cathy Gutierrez
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780195388350
- eISBN:
- 9780199866472
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195388350.003.0006
- Subject:
- Religion, Religion and Society
In promulgating trance states and multiple voices talking through particularly young women, Spiritualism had from the outset been skirting the territory of insanity. This chapter explores the rise of ...
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In promulgating trance states and multiple voices talking through particularly young women, Spiritualism had from the outset been skirting the territory of insanity. This chapter explores the rise of psychoanalysis in America and the contested value of trances and hypnosis. As mental health became increasingly medicalized, the religious value of different experiences of consciousness were contested. Spiritualists fought to protect their theological turf from the encroaching charges of insanity even as mediums were institutionalized and labeled as mad. Asylums in the nineteenth century frequently functioned to promote social norms, and women in particular who deviated from mainstream decorum or religiosity often found themselves imprisoned there. Spiritualists were no exception, and the movement that promoted progress and knowledge with the aid of the dead soon found itself an unwilling object of scientific scrutiny.Less
In promulgating trance states and multiple voices talking through particularly young women, Spiritualism had from the outset been skirting the territory of insanity. This chapter explores the rise of psychoanalysis in America and the contested value of trances and hypnosis. As mental health became increasingly medicalized, the religious value of different experiences of consciousness were contested. Spiritualists fought to protect their theological turf from the encroaching charges of insanity even as mediums were institutionalized and labeled as mad. Asylums in the nineteenth century frequently functioned to promote social norms, and women in particular who deviated from mainstream decorum or religiosity often found themselves imprisoned there. Spiritualists were no exception, and the movement that promoted progress and knowledge with the aid of the dead soon found itself an unwilling object of scientific scrutiny.
Frank Graziano
- Published in print:
- 2004
- Published Online:
- January 2005
- ISBN:
- 9780195136401
- eISBN:
- 9780199835164
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195136403.003.0002
- Subject:
- Religion, History of Christianity
An analysis of what mysticism might mean if its underlying presumptions–that God desires suffering, that mystics marry Christ–are false. Also explores trends in the scholarship on female mysticism, ...
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An analysis of what mysticism might mean if its underlying presumptions–that God desires suffering, that mystics marry Christ–are false. Also explores trends in the scholarship on female mysticism, including a devaluation or dismissal of erotic and psychological aspects. The concluding section treats the inversions of values and meanings in mysticism, then surveys perceptions regarding whether saints’ mortification is for imitation or wondrous admiration.Less
An analysis of what mysticism might mean if its underlying presumptions–that God desires suffering, that mystics marry Christ–are false. Also explores trends in the scholarship on female mysticism, including a devaluation or dismissal of erotic and psychological aspects. The concluding section treats the inversions of values and meanings in mysticism, then surveys perceptions regarding whether saints’ mortification is for imitation or wondrous admiration.
William J. Talbott
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780195173482
- eISBN:
- 9780199872176
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195173482.003.0012
- Subject:
- Philosophy, Political Philosophy
This author shows how the main principle would endorse a new ground-level principle of weak legal paternalism, the most reliable judgment standard, and compares this standard with the most ...
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This author shows how the main principle would endorse a new ground-level principle of weak legal paternalism, the most reliable judgment standard, and compares this standard with the most influential nonconsequentialist standard, Joel Feinberg’s voluntariness standard. The most reliable judgment standard will permit legal paternalism if it is reasonable to believe that the subject (or a majority of those who are subjected to the paternalism) will or would come to unequivocally endorse it. The chapter illustrates the difference between his and Feinberg’s standards with hypothetical examples of drug and suicide prohibitions. The chapter explains his consequentialist account of autonomy and shows how that account fits the legal standard of autonomy. However, it does not fit the standard statement of the insanity defense. The chapter explains why the insanity defense should be revised.Less
This author shows how the main principle would endorse a new ground-level principle of weak legal paternalism, the most reliable judgment standard, and compares this standard with the most influential nonconsequentialist standard, Joel Feinberg’s voluntariness standard. The most reliable judgment standard will permit legal paternalism if it is reasonable to believe that the subject (or a majority of those who are subjected to the paternalism) will or would come to unequivocally endorse it. The chapter illustrates the difference between his and Feinberg’s standards with hypothetical examples of drug and suicide prohibitions. The chapter explains his consequentialist account of autonomy and shows how that account fits the legal standard of autonomy. However, it does not fit the standard statement of the insanity defense. The chapter explains why the insanity defense should be revised.
DAVID WRIGHT
- Published in print:
- 2001
- Published Online:
- January 2010
- ISBN:
- 9780199246397
- eISBN:
- 9780191715235
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199246397.003.003
- Subject:
- History, British and Irish Modern History
Recent work on the emergence of the 19th-century county asylums in England has emphasised the important role that philanthropy played in the establishment of the rate-aided mental hospitals for ...
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Recent work on the emergence of the 19th-century county asylums in England has emphasised the important role that philanthropy played in the establishment of the rate-aided mental hospitals for idiots — people with mental disability. Some of the early county asylums were not purely institutions harbouring the pauperised population, but were also philanthropic institutions that accepted charitable patients. Charities played a crucial role in the development of new techniques for treating the insane. The York Retreat, an institution built by the Society of Friends, pioneered what is now famously known as the ‘moral treatment’ of insanity. With its emphasis on institutional care, moral treatment became the ideological prop for those proposing the construction of therapeutic lunatic asylums. This chapter discusses how the Earlswood Asylum was established with contributions from charity.Less
Recent work on the emergence of the 19th-century county asylums in England has emphasised the important role that philanthropy played in the establishment of the rate-aided mental hospitals for idiots — people with mental disability. Some of the early county asylums were not purely institutions harbouring the pauperised population, but were also philanthropic institutions that accepted charitable patients. Charities played a crucial role in the development of new techniques for treating the insane. The York Retreat, an institution built by the Society of Friends, pioneered what is now famously known as the ‘moral treatment’ of insanity. With its emphasis on institutional care, moral treatment became the ideological prop for those proposing the construction of therapeutic lunatic asylums. This chapter discusses how the Earlswood Asylum was established with contributions from charity.
DAVID WRIGHT
- Published in print:
- 2001
- Published Online:
- January 2010
- ISBN:
- 9780199246397
- eISBN:
- 9780191715235
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199246397.003.004
- Subject:
- History, British and Irish Modern History
The movement to community care for mentally disabled persons in the last quarter of the 20th century has precipitated a reevaluation of the asylum era. Recent research has revealed that community and ...
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The movement to community care for mentally disabled persons in the last quarter of the 20th century has precipitated a reevaluation of the asylum era. Recent research has revealed that community and familial networks were not only important to the confinement process; they persisted throughout the asylum era, in parallel to formal medical institutions. The persistence of community and household care and control of idiots and lunatics was not unknown to the authorities responsible for regulating asylums. An analysis of the families successfully located in the decennial census household enumerators' schedules strongly suggests that the pre-institutional environment of caring for idiot children was the household of the parents. It is widely known that the wealthier families in Victorian England chose to care for their sick and disabled within the household. The medical certificates of insanity provide clues to the way in which Victorians responded to, and identified, idiocy.Less
The movement to community care for mentally disabled persons in the last quarter of the 20th century has precipitated a reevaluation of the asylum era. Recent research has revealed that community and familial networks were not only important to the confinement process; they persisted throughout the asylum era, in parallel to formal medical institutions. The persistence of community and household care and control of idiots and lunatics was not unknown to the authorities responsible for regulating asylums. An analysis of the families successfully located in the decennial census household enumerators' schedules strongly suggests that the pre-institutional environment of caring for idiot children was the household of the parents. It is widely known that the wealthier families in Victorian England chose to care for their sick and disabled within the household. The medical certificates of insanity provide clues to the way in which Victorians responded to, and identified, idiocy.
Michael Moore
- Published in print:
- 2010
- Published Online:
- September 2010
- ISBN:
- 9780199599493
- eISBN:
- 9780191594649
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199599493.003.0014
- Subject:
- Law, Philosophy of Law, Criminal Law and Criminology
The insanity defence is the criminal law’s most self-conscious home for its otherwise presupposed theory of the person. This point is only seen, however, by stripping away centuries of legal doctrine ...
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The insanity defence is the criminal law’s most self-conscious home for its otherwise presupposed theory of the person. This point is only seen, however, by stripping away centuries of legal doctrine about the insanity defence that purports to cabin the defence to situations of excusable ignorance, mistake, compulsion, lack of free will, lack of intention, etc. The defence rather deals with a fundamental attribute of both personhood and moral agency, which is rationality. A sketch of the nature of rationality is given in terms of practical reason.Less
The insanity defence is the criminal law’s most self-conscious home for its otherwise presupposed theory of the person. This point is only seen, however, by stripping away centuries of legal doctrine about the insanity defence that purports to cabin the defence to situations of excusable ignorance, mistake, compulsion, lack of free will, lack of intention, etc. The defence rather deals with a fundamental attribute of both personhood and moral agency, which is rationality. A sketch of the nature of rationality is given in terms of practical reason.
Thomas Hafemeister
- Published in print:
- 2019
- Published Online:
- September 2019
- ISBN:
- 9781479804856
- eISBN:
- 9781479850754
- Item type:
- book
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9781479804856.001.0001
- Subject:
- Psychology, Social Psychology
The American criminal justice system is based on the bedrock principles of fairness and justice for all. In striving to ensure that all criminal defendants are treated equally under the law, it ...
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The American criminal justice system is based on the bedrock principles of fairness and justice for all. In striving to ensure that all criminal defendants are treated equally under the law, it endeavors to handle like-cases in like-fashion, adhering to the proposition that the same rules and procedures should be employed regardless of a defendant’s wealth or poverty, social status, race, ethnicity, or gender. Yet, exceptions have been recognized when special circumstances are perceived to have driven a defendant’s behavior or are likely to skew the defendant’s trial. Examples include the right to act in self-defense and to be appointed an attorney if you cannot afford one. Another set of exceptions, but ones that are much more controversial, poorly articulated, and inconsistently applied, involves criminal defendants with a mental disorder. Some of these individuals are perceived to be less culpable, as well as less capable of exercising the rights all defendants retain within the justice system, more in need of mental health services than criminal prosecution, and warranting enhanced protections at trial. As a result, special rules and procedures have evolved over the centuries, often without fanfare and even today with little systematic examination, to be applied to cases involving defendants with a mental disorder. This book offers that systematic examination. It identifies the various stages of criminal justice proceedings when the mental status of a criminal defendant may be relevant, associated legal and policy issues, the history and evolution of these issues, how they are currently resolved, and how forensic mental health assessments are conducted and employed during criminal proceedings.Less
The American criminal justice system is based on the bedrock principles of fairness and justice for all. In striving to ensure that all criminal defendants are treated equally under the law, it endeavors to handle like-cases in like-fashion, adhering to the proposition that the same rules and procedures should be employed regardless of a defendant’s wealth or poverty, social status, race, ethnicity, or gender. Yet, exceptions have been recognized when special circumstances are perceived to have driven a defendant’s behavior or are likely to skew the defendant’s trial. Examples include the right to act in self-defense and to be appointed an attorney if you cannot afford one. Another set of exceptions, but ones that are much more controversial, poorly articulated, and inconsistently applied, involves criminal defendants with a mental disorder. Some of these individuals are perceived to be less culpable, as well as less capable of exercising the rights all defendants retain within the justice system, more in need of mental health services than criminal prosecution, and warranting enhanced protections at trial. As a result, special rules and procedures have evolved over the centuries, often without fanfare and even today with little systematic examination, to be applied to cases involving defendants with a mental disorder. This book offers that systematic examination. It identifies the various stages of criminal justice proceedings when the mental status of a criminal defendant may be relevant, associated legal and policy issues, the history and evolution of these issues, how they are currently resolved, and how forensic mental health assessments are conducted and employed during criminal proceedings.
Alan Brudner
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199207251
- eISBN:
- 9780191705502
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199207251.003.0003
- Subject:
- Law, Philosophy of Law, Criminal Law and Criminology
This chapter criticizes the character and choice theories of the culpable mind as incapable of justifying judicial punishment specifically as opposed to moral censure generally. It develops from ...
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This chapter criticizes the character and choice theories of the culpable mind as incapable of justifying judicial punishment specifically as opposed to moral censure generally. It develops from legal retributivism an account of the culpable mind requirement that reconciles judicial punishment with the inviolability of the person. The chapter argues that the wrongdoer's choice to interfere or to risk interfering with another agent's capacity to act on ends it chooses is the level of fault required to make punishment implicitly self-imposed by the recipient and thus distinguishable from the wrongdoer's violence. Such a choice is one to which a denial of rights of agency may be logically imputed, a denial by which the wrongdoer implicitly authorizes his own coercibility. Exculpatory conditions are those which block an inference from the agent's choice to a denial of rights. The chapter argues that this version of subjectivism is invulnerable against the criticisms levelled against other versions.Less
This chapter criticizes the character and choice theories of the culpable mind as incapable of justifying judicial punishment specifically as opposed to moral censure generally. It develops from legal retributivism an account of the culpable mind requirement that reconciles judicial punishment with the inviolability of the person. The chapter argues that the wrongdoer's choice to interfere or to risk interfering with another agent's capacity to act on ends it chooses is the level of fault required to make punishment implicitly self-imposed by the recipient and thus distinguishable from the wrongdoer's violence. Such a choice is one to which a denial of rights of agency may be logically imputed, a denial by which the wrongdoer implicitly authorizes his own coercibility. Exculpatory conditions are those which block an inference from the agent's choice to a denial of rights. The chapter argues that this version of subjectivism is invulnerable against the criticisms levelled against other versions.
Catharine Coleborne
- Published in print:
- 2015
- Published Online:
- May 2016
- ISBN:
- 9780719087240
- eISBN:
- 9781526104250
- Item type:
- book
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9780719087240.001.0001
- Subject:
- History, Imperialism and Colonialism
This book examines the formation of colonial social identities inside the institutions for the insane in Australia and New Zealand. Taking a large sample of patient records, the book pays particular ...
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This book examines the formation of colonial social identities inside the institutions for the insane in Australia and New Zealand. Taking a large sample of patient records, the book pays particular attention to gender, ethnicity and class as categories of analysis. The book reminds us of the varied journeys of immigrants to the colonies: and of how and where they stopped, for different reasons, inside the social institutions of the period. It is about their stories of mobility, how these were told and produced inside institutions for the insane, and how, in the telling, colonial identities were asserted and formed. Having engaged with the structural imperatives of ‘Empire’ and with the varied imperial meanings of gender, sexuality and medicine, historians have considered the movements of travellers, migrants, military bodies and medical personnel, and ‘transnational lives’. This book examines an empire-wide discourse of ‘madness’ as part of this inquiry. (148)Less
This book examines the formation of colonial social identities inside the institutions for the insane in Australia and New Zealand. Taking a large sample of patient records, the book pays particular attention to gender, ethnicity and class as categories of analysis. The book reminds us of the varied journeys of immigrants to the colonies: and of how and where they stopped, for different reasons, inside the social institutions of the period. It is about their stories of mobility, how these were told and produced inside institutions for the insane, and how, in the telling, colonial identities were asserted and formed. Having engaged with the structural imperatives of ‘Empire’ and with the varied imperial meanings of gender, sexuality and medicine, historians have considered the movements of travellers, migrants, military bodies and medical personnel, and ‘transnational lives’. This book examines an empire-wide discourse of ‘madness’ as part of this inquiry. (148)
Robin Feldman
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780195368581
- eISBN:
- 9780199867455
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195368581.003.0004
- Subject:
- Law, Criminal Law and Criminology
This chapter traces the instinct to reach for science in American legal doctrine back through the 1800s. It examines both the more formal legal theory movements as well as individual doctrinal ...
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This chapter traces the instinct to reach for science in American legal doctrine back through the 1800s. It examines both the more formal legal theory movements as well as individual doctrinal moments in which American law reaches for science in an attempt to solve its problems and is disappointed when the solution fails to live up to its promise. The chapter begins by describing various attempts to reconceptualise law as a science in the pre-Civil War period and the failure of those attempts in the wake of the Civil War. It then describes reinvigoration of the “law as science” idea in the 1870s as Christopher Langdell popularizes the notion, leaving an enduring mark on American legal education. The chapter turns to individual doctrinal moments in which American law has reached for science to solve intractable problems and is subsequently disappointed. The examples explored include criminal law doctrines related to finding a defendant not guilty by reason of insanity, civil law doctrines related to the best interests of the child in custody cases, the Supreme Court's desegregation decision in Brown v. Board of Education, the Learned Hand test for negligence liability in tort law, and rate setting in public utility regulation.Less
This chapter traces the instinct to reach for science in American legal doctrine back through the 1800s. It examines both the more formal legal theory movements as well as individual doctrinal moments in which American law reaches for science in an attempt to solve its problems and is disappointed when the solution fails to live up to its promise. The chapter begins by describing various attempts to reconceptualise law as a science in the pre-Civil War period and the failure of those attempts in the wake of the Civil War. It then describes reinvigoration of the “law as science” idea in the 1870s as Christopher Langdell popularizes the notion, leaving an enduring mark on American legal education. The chapter turns to individual doctrinal moments in which American law has reached for science to solve intractable problems and is subsequently disappointed. The examples explored include criminal law doctrines related to finding a defendant not guilty by reason of insanity, civil law doctrines related to the best interests of the child in custody cases, the Supreme Court's desegregation decision in Brown v. Board of Education, the Learned Hand test for negligence liability in tort law, and rate setting in public utility regulation.
J. Matthew Gallman
- Published in print:
- 2006
- Published Online:
- September 2007
- ISBN:
- 9780195161458
- eISBN:
- 9780199788798
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195161458.003.0010
- Subject:
- History, American History: 19th Century
Even before Anna Dickinson left Interpines, she had already begun her campaign to repair her reputation and resurrect her public career. For the next five or six years Dickinson devoted her energies ...
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Even before Anna Dickinson left Interpines, she had already begun her campaign to repair her reputation and resurrect her public career. For the next five or six years Dickinson devoted her energies to a series of legal battles. She hoped that these trials would both restore her good name and win her financial reward. Each battle had its own complex strategies, delays, and frustrations, and over the years she worked with a variety of lawyers. In the end she would win more judgments than she lost, but the biggest victories remained out of her reach.Less
Even before Anna Dickinson left Interpines, she had already begun her campaign to repair her reputation and resurrect her public career. For the next five or six years Dickinson devoted her energies to a series of legal battles. She hoped that these trials would both restore her good name and win her financial reward. Each battle had its own complex strategies, delays, and frustrations, and over the years she worked with a variety of lawyers. In the end she would win more judgments than she lost, but the biggest victories remained out of her reach.
