Search results for 'Insanity' (try it on Scholar)

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  1.  90
    Walter Sinnott-Armstrong & Ken Levy (2011). Insanity Defenses. In John Deigh & David Dolinko (eds.), The Oxford Handbook of the Philosophy of the Criminal Law. Oxford University Press 299--334.
    We explicate and evaluate arguments both for and against the insanity defense itself, different versions of the insanity defense (M'Naghten, Model Penal Code, and Durham (or Product)), the Irresistible Impulse rule, and various reform proposals.
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  2.  19
    Michael S. Moore (2015). The Quest for a Responsible Responsibility Test: Norwegian Insanity Law After Breivik. Criminal Law and Philosophy 9 (4):645-693.
    The Breivik case in Norway has motivated a reassessment of Norwegian insanity law by the Norwegian government. Because Norway since 2002 has utilized a “medical model” for legal insanity—a model according to which the legal excuse of insanity is identified with some medical concept such as psychosis—the Norwegian reexamination of its law is not without interest throughout the world. In this paper, I utilize the Anglo-American experience with different medical models for insanity to assess the current (...)
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  3.  28
    Steven R. Smith (2012). Neuroscience, Ethics and Legal Responsibility: The Problem of the Insanity Defense. Science and Engineering Ethics 18 (3):475-481.
    The insanity defense presents many difficult questions for the legal system. It attracts attention beyond its practical significance (it is seldom used successfully) because it goes to the heart of the concept of legal responsibility. “Not guilty by reason of insanity” generally requires that as a result of mental illness the defendant was unable to distinguish right from wrong at the time of the crime. The many difficult and complex questions presented by the insanity defense have led (...)
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  4.  7
    James A. Coffman & Mikulecky (2015). Global Insanity Redux. Cosmos and History: The Journal of Natural and Social Philosophy 11 (1):1-14.
    800x600 In our book _Global Insanity_ we argued that the existential predicament faced by humanity is a predictable consequence of Western Enlightenment thinking and the resulting world model, whose ascendance with the Industrial Revolution entrained development of the global consumer Economy that is destroying the biosphere. This situation extends from a dominant mindset based on the philosophy of reductionism. The problem was recognized and characterized by Robert M. Hutchins. In 1985, Hutchins ideas were discussed by Robert Rosen in Chapter 1 (...)
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  5. Steve Matthews (2004). Failed Agency and the Insanity Defence. International Journal of Law and Psychiatry 27:413-424.
    In this article I argue that insanity defences such as M’Nagten should be abolished in favour of a defence of failed agency. It is not insanity per se, or any other empirical condition, which constitutes the moral reason for exculpation. Rather, we should first recognize the conditions for being a responsible moral agent. These include some capacity to direct and control one’s behavior, a non-delusional component, and the capacity to recognize that one’s behavior is expressive of what they (...)
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  6.  13
    Daniel N. Robinson (1996). Wild Beasts and Idle Humours: The Insanity Defense From Antiquity to the Present. Harvard Univ. Press.
    "An American psychologist, Daniel N. Robinson, traces the development of the insanity plea...[He offers] an assured historical survey." Roy Porter, The Times [UK] "Wild Beasts and Idle Humours is truly unique. It synthesizes material that I do not believe has ever been considered in this context, and links up the historical past with contemporaneous values and politics. Robinson effortlessly weaves religious history, literary history, medical history, and political history, and demonstrates how the insanity defense cannot be fully understood (...)
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  7. Dominic Murphy (2005). Can Evolution Explain Insanity? Biology and Philosophy 20 (4):745-766.
    I distinguish three evolutionary explanations of mental illness: first, breakdowns in evolved computational systems; second, evolved systems performing their evolutionary function in a novel environment; third, evolved personality structures. I concentrate on the second and third explanations, as these are distinctive of an evolutionary psychopathology, with progressively less credulity in the light of the empirical evidence. General morals are drawn for evolutionary psychiatry.
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  8. Carl Elliott (1996). The Rules of Insanity Moral Responsibility and the Mentally Ill Offender. Monograph Collection (Matt - Pseudo).
     
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  9.  6
    Lawrie Reznek (1997). Evil or Ill?: Justifying the Insanity Defence. Routledge.
    Lawrie Reznek addresses these questions and more in his controversial investigation of the insanity defense in Evil or Ill ? Drawing from countless intriguing case examples, he aims to understand the concept of an excuse, and explains why the law excuses certain actions and not others. In his easily accessible and elegant style, he explains that in law, there exists two excuses derived from Aristotle: the excuses of ignorance and compulsion. Reznek, however proposes a third excuse - the excuse (...)
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  10.  43
    Dale Cannon (2008). “Polanyi's Influence on Poteat's Conceptualization of Modernity's 'Insanity' and Its Cure. Tradition and Discovery 35 (2):23-30.
    My intent is to paint in rather broad strokes Bill Poteat’s intellectual agenda, as I came to understand it, and how Michael Polanyi fit into that agenda for Poteat alongside other major intellectual mentors. Bill’s agenda was to expose critically and, so far as possible, to counter the fateful consequences of what he called the “prepossessions of the European Enlightenment” regarding human knowing, human doing, and human being. Although his work involved conceptual analysis, the nature of this conceptual-archaeology was far (...)
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  11.  45
    Herbert Fingarette (1972). Insanity and Responsibility. Inquiry 15 (1-4):6 – 29.
    This paper attempts to set forth, in the context of Anglo-U.S. criminal law, the meaning of the concept of insanity, its necessary relation to absence of responsibility, and its bearing on some relevant psychiatric concepts and legal controversies. Irrationality is a distinctive and necessary (but not sufficient) condition for insanity. Irrationality consists in failure even to grasp the relevance of what is 'essentially' relevant. To that extent there obviously can be no responsibility. A mental makeup which renders one (...)
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  12.  32
    Richard J. Bonnie (2010). Should a Personality Disorder Qualify as a Mental Disease in Insanity Adjudication? Journal of Law, Medicine & Ethics 38 (4):760-763.
    The determinative issue in applying the insanity defense is whether the defendant experienced a legally relevant functional impairment at the time of the offense. Categorical exclusion of personality disorders from the definition of mental disease is clinically and morally arbitrary because it may lead to unfair conviction of a defendant with a personality disorder who actually experienced severe, legally relevant impairments at the time of the crime. There is no need to consider such a drastic approach in most states (...)
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  13.  35
    Lee S. Weinberg & Richard E. Vatz (1982). The Insanity Plea: Szaszian Ethics and Epistemology. Theoretical Medicine and Bioethics 3 (3):417-433.
    The traditional legal verdict of not guilty by reason of insanity as well as the more recent verdict of guilty but mentally ill rest on often unquestioned epistemological assumptions about human behavior and its causes, unjustified reliance on forensic psychiatrists, and questionable, if not deplorable ethical standards. This paper offers a critique of legal perspectives on insanity, historical and current, based on the altermative epistemological and ethical assumptions of Thomas S. Szasz. In addition, we examine Szasz''s unique rhetorical (...)
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  14.  19
    Hung-Yul So (2007). Beyond Rational Insanity. The Proceedings of the Twenty-First World Congress of Philosophy 1:221-227.
    Insanity is identified with irrationality, while rationality is considered to be the mark of sanity. Yet we want to say that rationality could be the cause of insanity. We can see a subtle kind of insanity inherent in an institution believed to be highly rational. Rationality in an ideological belief also turns into rational insanity when the ideology itself works for the interest of the advantaged as a tool of deception. We believe in the rationality of (...)
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  15. Robert F. Schopp (1993). [Book Review] Automatism, Insanity, and the Psychology of Criminal Responsibility, a Philosophical Inquiry. [REVIEW] Ethics 103 (3):594-596.
    This is a book about the role that psychological impairment should play in a theory of criminal liability. Criminal guilt in the Anglo-American legal tradition requires both that the defendant committed some proscribed act and did so with intent, knowledge, or recklessness. The second requirement corresponds to the intuitive idea that people should not be punished for something they did not do 'on purpose' or if they 'did not realize what they were doing'. Unlike many works in this area, this (...)
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  16.  3
    John Whelan Jr (2009). Psychotic Delusion and the Insanity Defense. Public Affairs Quarterly 23 (1):27-48.
    I attempt to describe and defend an alternative definition of insanity. I claim that my definition follows from an adequate general understanding of legal excuse and that it describes correctly the question that jurors in the recent Andrea Yates case and others like it ought to be faced with. My essay has three parts. In the first, I briefly criticize M'Naghten- and Durham-inspired insanity statutes. In the second, I sketch and defend a general understanding of legal excuse and (...)
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  17.  6
    J. R. Hamilton (1986). Insanity Legislation. Journal of Medical Ethics 12 (1):13-17.
    The McNaughton Rules, which are used when someone pleads insanity at the time of a homicide, are out of date and unsatisfactory. Suggestions have been made about how the insanity defence can be reformulated. The preference of a defence of diminished responsibility means abandoning an ancient and humane principle of not convicting those who are so mentally disordered as not to be responsible for their actions. There is a need for Parliament to consider changes to the law both (...)
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  18.  2
    James Goudkamp (2011). Insanity as a Tort Defence. Oxford Journal of Legal Studies 31 (4):727-754.
    Unlike the criminal law, tort law does not recognize insanity as an answer to liability. The fact that a defendant was insane at the time of his impugned conduct is essentially ignored by tort law's liability rules. It will be argued that this situation is unsatisfactory. A person should not incur liability in tort in respect of acts committed while insane. This result should be realized by providing for a generally applicable affirmative defence of insanity.
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  19. William M. Chace (1987). Ezra Pound: "Insanity," "Treason," and Care. Critical Inquiry 14 (1):134-141.
    The British journalist Christopher Hitchens has recently noted that the extraordinary excitement created by l’affaire Pound, an excitement sustained for now some forty years, is partly the result of having no fewer than three debates going on whenever the poet’s legal situation and his consequent hospitalization are discussed. As Hitchens says, those questions are: “First, was Pound guilty of treason? If not, or even if so, was he mad? Third, was he given privileged treatment for either condition?”1 I propose to (...)
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  20. John Gale, Michael Robson & Georgia Rapsomatioti (eds.) (2013). Insanity and Divinity: Studies in Psychosis and Spirituality. Routledge.
    How close is spirituality to psychosis? Covering the interrelation of psychosis and spirituality from a number of angles, _Insanity and Divinity_ will generate dialogue and discussion, aid critical reflection and stimulate creative approaches to clinical work for those interested in the connections between religious studies, psychoanalysis, anthropology and hagiography. Bringing together an international range of contributors and covering many different types of religious experience, this book presents its theme in three parts: Psychoanalysis, belief and mysticism Anthropology, history and hagiography Psychology, (...)
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  21. Lawrie Reznek (2005). Evil or Ill?: Justifying the Insanity Defence. Routledge.
    Lawrie Reznek addresses these questions and more in his controversial investigation of the insanity defense in _Evil or Ill_? Drawing from countless intriguing case examples, he aims to understand the concept of an excuse, and explains why the law excuses certain actions and not others. In his easily accessible and elegant style, he explains that in law, there exists two excuses derived from Aristotle: the excuses of ignorance and compulsion. Reznek, however proposes a third excuse - the excuse of (...)
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  22. Robert F. Schopp (2011). Automatism, Insanity, and the Psychology of Criminal Responsibility: A Philosophical Inquiry. Cambridge University Press.
    This is a book about the role that psychological impairment should play in a theory of criminal liability. Criminal guilt in the Anglo-American legal tradition requires both that the defendant committed some proscribed act and did so with intent, knowledge, or recklessness. The second requirement corresponds to the intuitive idea that people should not be punished for something they did not do 'on purpose' or if they 'did not realize what they were doing'. Unlike many works in this area, this (...)
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  23. Robert F. Schopp (2008). Automatism, Insanity, and the Psychology of Criminal Responsibility: A Philosophical Inquiry. Cambridge University Press.
    This is a book about the role that psychological impairment should play in a theory of criminal liability. Criminal guilt in the Anglo-American legal tradition requires both that the defendant committed some proscribed act and did so with intent, knowledge, or recklessness. The second requirement corresponds to the intuitive idea that people should not be punished for something they did not do 'on purpose' or if they 'did not realize what they were doing'. Unlike many works in this area, this (...)
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  24. Robert F. Schopp (1991). Automatism, Insanity, and the Psychology of Criminal Responsibility: A Philosophical Inquiry. Cambridge University Press.
    This is a book about the role that psychological impairment should play in a theory of criminal liability. Criminal guilt in the Anglo-American legal tradition requires both that the defendant committed some proscribed act and did so with intent, knowledge, or recklessness. The second requirement corresponds to the intuitive idea that people should not be punished for something they did not do 'on purpose' or if they 'did not realize what they were doing'. Unlike many works in this area, this (...)
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  25. Louis A. Sass (1992). Madness and Modernism : Insanity in the Light of Modern Art, Literature, and Thought.
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  26. David Faraci & David Shoemaker (2010). Insanity, Deep Selves, and Moral Responsibility: The Case of JoJo. Review of Philosophy and Psychology 1 (3): 319-332.
    Susan Wolf objects to the Real Self View (RSV) of moral responsibility that it is insufficient, that even if one’s actions are expressions of one’s deepest or “real” self, one might still not be morally responsible for one’s actions. As a counterexample to the RSV, Wolf offers the case of JoJo, the son of a dictator, who endorses his father’s (evil) values, but who is insane and is thus not responsible for his actions. Wolf’s data for this conclusion derives from (...)
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  27. Sally Swartz (1995). Colonizing the Insane: Causes of Insanity in the Cape, 1891-1920. History of the Human Sciences 8 (4):39-57.
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  28.  58
    Robert Fahrnkopf (1979). Cartesian Insanity. Analysis 39 (2):68 - 70.
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  29.  65
    R. S. Downie (1997). The Rules of Insanity: Moral Responsibility and the Mentally Ill Offender. Journal of Medical Ethics 23 (3):196-197.
  30.  78
    Friedrich Nietzsche, Letters of Insanity (Nietzsche).
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  31.  20
    Michael A. Simon (1985). Insanity and Criminality. International Journal of Applied Philosophy 2 (3):43-56.
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  32.  2
    Bruce A. Arrigo (1997). Insanity Defense Reform and the Sign of Abolition: Re-Visiting Montana's Experience. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 10 (2):191-211.
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  33.  19
    Gabriel M. A. Segal (2013). Alcoholism, Disease, and Insanity. Philosophy, Psychiatry, and Psychology 20 (4):297-315.
  34.  20
    Carl Elliott & Grant Gillett (1992). Moral Insanity and Practical Reason. Philosophical Psychology 5 (1):53 – 67.
    The psychopathic personality disorder historically has been thought to include an insensitivity to morality. Some have thought that the psychopath's insensitivity indicates that he does not understand morality, but the relationship between the psychopath's defects and moral understanding has been unclear. We attempt to clarify this relationship, first by arguing that moral understanding is incomplete without concern for morality, and second, by showing that the psychopath demonstrates defects in frontal lobe activity which indicate impaired attention and adaptation to environmental conditions (...)
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  35.  6
    Doris Z. Fleischer (1996). Randall Jarrell and the European Refugee Consciousness: Psychological Breakdown and Social Insanity. The European Legacy 1 (4):1414-1420.
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  36.  58
    Peter K. Klein (1998). Insanity and the Sublime: Aesthetics and Theories of Mental Illness in Goya's Yard with Lunatics and Related Works. Journal of the Warburg and Courtauld Institutes 61:198-252.
  37.  8
    E. J. Lidbetter (1927). Insanity and Detention. The Eugenics Review 18 (4):312.
  38.  13
    Timothy Lang (2002). Lord Acton and "the Insanity of Nationality". Journal of the History of Ideas 63 (1):129-149.
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  39.  51
    R. B. Brandt (1988). The Insanity Defense and the Theory of Motivation. Law and Philosophy 7 (2):123 - 146.
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  40.  13
    C. W. Branch (1907). The Endemic Religious Insanity of the Island of St. Vincent. The Monist 17 (2):299-310.
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  41. Rem Blanchard Edwards (ed.) (1982). Psychiatry and Ethics: Insanity, Rational Autonomy, and Mental Health Care. Prometheus Books.
  42.  23
    Frances Myrna Kamm (1987). The Insanity Defense, Innocent Threats, and Limited Alternatives. Criminal Justice Ethics 6 (1):61-76.
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  43.  2
    John Macpherson (1923). The Influences Which Cause Fluctuation in the Production of Insanity. Australasian Journal of Psychology and Philosophy 1 (1):12-19.
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  44.  7
    Frederick W. Mott (1911). Heredity and Insanity. The Eugenics Review 2 (4):257.
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  45.  26
    George J. Alexander (1982). Freedom and Insanity. Theoretical Medicine and Bioethics 3 (3):343-350.
    The paper describes the refusal of the liberal community to assert the right of persons accused of mental illness to be free of coercive psychiatric intrusion. It suggests that the penchant for benevolent governmental intrusion into other social problems may be at fault and recommends that intervention be abandoned in favor of a return to human autonomy as a basis of the concept of freedom.
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  46.  22
    Timo Airaksinen (1989). Insanity, Crime and the Structure of Freedom in Hegel. Social Theory and Practice 15 (2):155-178.
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  47.  33
    Jennifer Radden (1982). Diseases as Excuses: Durham and the Insanity Plea. [REVIEW] Philosophical Studies 42 (3):349 - 362.
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  48.  8
    Anthony Ossa-Richardson (2013). Possession or Insanity?: Two Views From the Victorian Lunatic Asylum. Journal of the History of Ideas 74 (4):553-575.
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  49.  9
    R. J. Gerber (1975). Is the Insanity Test Insane? American Journal of Jurisprudence 20 (1):111-140.
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  50.  3
    John Macpherson (1923). The Influences Which Cause Fluctuation in the Production of Insanity. Australasian Journal of Philosophy 1 (1):12 – 19.
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