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)
In lieu of an abstract, here is a brief excerpt of the content:ProvocationsHerbert Fingarette (bio)Our Other LifeWe live, each of us, two interconnected lives. One we respect and take seriously. The other we dismiss as fantastical, accidental, and wholly unreal. I refer here, of course, to our waking life and our dream life.My concern with the dream life is not the one that has occasional popularity—the dream as the embodiment of rather arcane symbols which decipher into messages about our deep (...) unconscious life. Freud and others who have interpreted dreams in this way may have a point. But in any case it is not the point I want to make here.What is a dream, after all? It is an experience, an experience we live through. Often it has an intensity that surpasses the intensity with which we live our waking experience. Often the experience embodies flights of fantasy and imagination that are both amazing and wholly untypical of our experience in waking life.Whence come these startling, fantastic situations that we live when asleep? There is only one possible answer, the obvious one. They come from us. The dreamer is the creator. If there is amazing novelty, it is the dreamer whose imagination has created this.The dream-life is an often powerful, evocative, imaginative world which we create and in which we live a substantial part of our life. Why do we dismiss it?One obvious reason, perhaps the sole and only necessary reason, is that what happens in the dream is disconnected with the structure and content of our waking life. We view it as "unreal," and refer to waking life as "real" life.Yet a moment's reconsideration reveals that both of these lives are "real," they really happen, we really experience them. The difference lies not in their reality but in the seeming incompatibility of the two. What happens in the dream is not consistently continued when we wake. Moreover the way things happen in a dream is often strikingly different from the way they happen when we're awake. In my dream I am in one place, and then instantaneously in a very distant place. The person I dream is my mother but also my grown daughter, and yet at the next moment my daughter at a childhood age. [End Page 861]I live exciting, fearful, and strange situations in which I am being attacked. Such things have never happened in my waking life. I dream that I'm a professor who realizes he is grossly late for his class, and can't remember what the assignment was or what I am to lecture on. In my waking life I am also a professor, but I've rarely been late for class, and never have forgotten the assignment or the lecture material.Yes, there is at times an obvious connection—my role as professor, the identity of someone as my mother or daughter. But what happens, and the way it happens in one life are dramatically unlike and disconnected with the other life.Why should I dismiss my dream life? It constitutes a goodly portion of my total life. I live it. I feel it, I react emotionally. It reveals an extraordinarily free and intense imagination that I largely fail to use when awake. What if the question were put to one, but without context or prejudgments: Which life would you find more interesting, challenging, exciting—day life or dream life? Try to think about that question in its own terms, without bias.Am I proposing something contrary to human nature? Not at all. We know there are cultures ("primitive?") in which dream life is viewed as an important, meaningful dimension of one's existence. We in the contemporary Western world are the exceptions. We dismiss this other life of ours. As a result, we fail to fully appreciate it in its own right.Indeed, as I've said, there are often connections. One needs no arcane theory of unconscious symbols to recognize this in my professorial dream. My embarrassing dream life as an unprepared professor is obviously related to my quasi-obsessive concern when awake to be prompt and thoroughly prepared. Clearly, in this regard, my two lives form a... (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.