With a new chapter This new edition of Herbert Fingarette's classic study in philosophical psychology now includes a provocative recent essay on the topic by ...
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 (who would (...) not normally be so) substantially incapable of rational conduct constitutes insanity, and in that respect renders the person non-responsible. Much more broadly and roughly speaking, the mind that is ill is the mind that is irrational (and hence in that respect non-responsible). (shrink)
As a result of Freud's subsequent theories about the operations of the ego, however, a new "hidden reality" became the focus of interest: the world of anxiety and the defense mechanisms. Lewis Feuer notes that ideals, values, social philosophies, even theories of reality often appeared from this standpoint to be "projective distortions," "systems of rationalisation," and "anxiety-induced" symptoms of neurotic traits or conflicts.
It is especially appropriate for Marcuse to develop his central theme--a "non-repressive" civilization--in the specific form of an extension and critique of Freud's theory of man. The issues are thus squarely faced. We are enabled to consider the theme in terms of its historical root and of its psychological authenticity.
THIS ARTICLE IS AN ANALYSIS OF THE CURRENT LEGAL REASONING AND LAW AS TO THE CRIMINAL RESPONSIBILITY OF ALCOHOLICS, AND AN ANALYSIS OF THE MEDICAL AND FACTUAL BACKGROUND. THE LEGAL ARGUMENTS TO ABSOLVE THE ALCOHOLIC OF RESPONSIBILITY FOR CRIMINAL ACTS WHILE DRUNK ARE SHOWN TO REST ON UNSATISFACTORY ARGUMENT AND FUNDAMENTALLY FALSE FACTUAL ASSUMPTIONS.
