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 which are relevant to the formation of complex intentions. We argue that these frontal lobe defects can help to explain both the psychopath's apparent insensitivity to morality and his characteristic imprudence. (shrink)

This chapter argues that a successful plea of legal insanity ought to rest upon proof that a criminal act is causally related to symptoms of a mental disorder. Diagnosis of a mental disorder can signal to the court that the defendant had very little control over relevant moral ignorance or incompetence. Must we draw the same conclusion for defendants who lack moral knowledge due to miseducation or other extreme environmental conditions, unrelated to a mental disorder? Adults who (...) were brainwashed as children, for example, might seem “insane” due to their lack of moral knowledge. However, since legal culpability rests on the capacity to understand the criminal law’s moral demands, to reflect on these demands across time, and to control one’s behavior in light of them, simple ignorance of morality's demands does not excuse. (shrink)

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 what she takes to be our “pretheoretic intuitions” about JoJo. As it turns out, though, experimental data on actual pretheoretic intuitions does not seem to support Wolf’s claim. In this paper, we present such data and argue that, at least with respect to this particular objection, the RSV can survive Wolf’s attack intact. (shrink)

In this chapter we will argue that the capacities necessary to moral and legal agency can be understood as executive functions in the brain. Executive functions underwrite both the cognitive and volitional capacities that give agents a fair opportunity to avoid wrongdoing: to recognize their acts as immoral and/or illegal, and to act or refrain from acting based upon this recognition. When a person’s mental illness is serious enough to cause severe disruption of executive functions, she is very likely (...) to lack substantial capacities necessary to be law-abiding. Our analysis supports the Model Penal Code test for legal insanity over the traditional M’Naghten test, because the Model Penal Code test allows either severely diminished cognitive or volitional capacities to warrant an excuse to criminal culpability. We will provide a nuanced account of the ways in which mental illness can erode executive function, as well as an explanation as to why severe diminishment of executive functions caused by mental illness, but not some other causes, is exculpatory. (shrink)

In The Rules of Insanity, Carl Elliott draws on philosophy and psychiatry to develop a conceptual framework for judging the moral responsibility of mentally ill offenders. Arguing that there is little useful that can be said about the responsibility of mentally ill offenders in general, Elliott looks at specific mental illnesses in detail; among them schizophrenia, manic-depressive disorders, psychosexual disorders such as exhibitionism and voyeurism, personality disorders, and impulse control disorders such as kleptomania and pyromania. He takes a (...) particularly hard look at the psychopath or sociopath, who many have argued is incapable of understanding morality. Making extensive use of psychiatric case histories, Elliott explores the various ways in which mental illness can affect a person's intentions and thus excuse him or her from moral responsibility. (shrink)

This book examines core issues related to legal insanity, integrating perspectives from psychiatry, law, and ethics. Various criteria for insanity are analyzed and recommendations for forensic psychiatric and legal practice are offered. Many legal systems have an insanity defense, in one form or another. Still, it remains unclear exactly when and why mental disorders affect a person’s moral or criminal responsibility. Questions addressed in this book include: Why should insanity be a component of our legal (...) system? What should be the criteria for an insanity defense? What would be the reasons for abolishing it? Who should bear the burden of proof? Furthermore, the book discusses the impact neurosciences may have on psychiatric and psychological evaluations of defendants as well as on legal decisions about insanity. (shrink)

The question of whether psychopaths are criminally and morally responsible has generated significant controversy in the literature. In this paper, we discuss what relevance a psychopathy diagnosis has for criminal responsibility. It has been argued that figuring out whether psychopathy is a mental illness is of fundamental importance, because it is a precondition for psychopaths’ eligibility to be excused via the legal insanity defense. But even if psychopathy counts as a mental illness, this alone is not sufficient to show (...) the insanity defense is applicable; it must also be shown that, as a result of the illness, specific deficits in moral understanding or control are present. In this paper, we show that a diagnosis of psychopathy will generally not indicate that a defendant is eligible for an insanity defense. This is because the group of individuals subsumed under the diagnosis is so heterogeneous that while some psychopaths do show significant impairments in affect and control which may impact on their responsibility, many psychopaths are not incapacitated in a way relevant to responsibility. (shrink)

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 (...) book addresses the automatism and insanity defences by examining the types of functional impairment that typical candidates for these defences actually suffer. What emerges is a much wider conceptual framework that allows us to understand the significance of psychological states and processes for the attribution of criminal responsibility in a manner that is logically coherent, morally defensible, and consistent with research in psychopathology. (shrink)

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 have reason to be doing. When either of these fail in a case involving alleged criminal behavior the defence of failed agency may be appealed to. There may be many causes, including and besides insanity, that give rise to use of the defence of failed agency. (shrink)

We often hear the term “dignity” in our age. Especially in societies with multicultural and multi-faith, peace, respect, tolerance and human rights ideas are associated with human precious beings. However, understanding what dignity is and which rights it includes are difficult. Because human dignity has social, philosophical, theological and legal dimensions in which its content changes in historical process. Dignity is a term discussed in western societies and has a place in international contexts. That’s why the emphasis is on its (...) naming in western thought and conceptualization types. The definitions of term in terms of legal, moral and cultural are analyzed. This analysis shows it is described as classical and modern with different meanings. It is thought that perceiving the term as classical far from modern meaning results from monotheistic religions. But it is also expected that these religions contribute to social peace. Therefore, in order to understand the monotheistic religions’ attitude towards human and human rights, Holy Scriptures should be reviewed. Analyzing the dignity in Holy Scriptures is out of our studies. Our purpose is to discuss how Islamic attitude towards this term should be in accordance with understanding types of the term. (shrink)

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.

The subject of the paper is the moral aspect of interpretations of dejectedness and insanity in the treatises Abhidharmakośa-bhāṣya by Vasubandhu and Sphuṭārtha-abhidharmakośa-vyākhyā by Yaśomitra. Buddhist interpretation of these phenomena is based on the canonical postulate that only corporeal suffering is a karmic retribution. Dejectedness is treated by Buddhist exegetics as a peculiar trait of imagination manifesting in the moment of mental construction of evil projective situations. Dejectedness can be good and evil dependent on personal moral position. (...) Good dejectedness is repentance for an undone good deed or sin done. Opposite to it is evil dejectedness. Insanity is treated as destruction of predicative and mnestic functions of consciousness. This mental suffering is determined by karma in cases when attempts to destroy others consciousness had place in the past. Karmic retribution in these cases is corporeal suffering, or disbalance of gross elements, and insanity is the consequence of this disbalance. (shrink)

Moral responsibility is a prerequisite for culpability. One can be morally responsible for φing without being culpable for it, but not vice versa. I agree with Andrew Simester on this, and agree that it is important to differentiate moral responsibility from culpability. That moral responsibility is a prerequisite for culpability is often taken to require sharply distinguishing excuses from what are called ‘exemptions’ (or to use the term Simester uses, ‘irresponsibility defences’) and treating exemptions as forming a (...) category of their own. I am not convinced that it does. In previous work, I have gone against the prevailing view by understanding the category of excuses to include what, on that view, are classified as exemptions. In this paper I reconsider this, delving deeper into the matter than I have in the past and drawing on Simester’s magisterial Fundamentals of Criminal Law to do so. I challenge the position that exemptions form a category of their own, distinct from excuses, and that infancy and insanity need to be understood as exemptions and not excuses. I argue that the category of exemptions, or “irresponsibility defenses,” is problematic, and that recognizing the distinction between culpability and moral responsibility and recognizing its importance does not commit one to excluding from the category of excuses infancy and insanity. Infancy and insanity are better seen as operating to exempt the agent altogether from moral responsibility only at the limit; more often, they operate to excuse, partially or fully. (shrink)

This paper addresses Colin Holmes's suggestion that the psychopathic disorder is best regarded not as a psychiatric concept, but as an ethical one. The paper argues that the concept of psychopathy, like many other concepts, can span both psychiatry and ethics, and that it is not clear what removing if from the realm of psychiatry would entail. Also, the question of whether the concept of psychopathy is useful for psychiatrists must be separated from the question of whether psychopaths should be (...) exonerated from the moral and legal responsibility for their actions. (shrink)

Theoretical arguments about the normative tendencies of human beings hold an important place within the context of Chinese philosophy, which began to be formed foundations by the intellectual and cultural developments corresponding to the five centuries BC. Traditional thought in China that synthesizes the earthly and unearthly phenomenon, exemplifies the correlation between moral tendencies and natural changes through the argumental doctrines of collected ideas on human nature and existence. Approaches based on this correlation include a variety of opinions regarding (...) good and bad tendencies of human being by different schools of thought and indicate methodological differences in ideal pattern of behavior. Four great movements of thought, emerged in the process referred as golden age of Chinese philosophy, share common purpose to rebuild sociopolitical order but disagree on acquisition of human knowledge and virtue. One of the main issues originates the debate in question is that moral disposition is innate or acquired and whether the motive to know right from wrong is discovered through learning. And so, there occurs some divergences concerning the methods by which secular actions should be formulated. This study aims to reveal reasons of the divergence among Chinese philosophers of early period concerning the norms of actual attitudes attributed to the process of cognitional and behavioral development, associated with their interpretations on Dao, heaven, earth and man. (shrink)

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 (...) book addresses the automatism and insanity defences by examining the types of functional impairment that typical candidates for these defences actually suffer. What emerges is a much wider conceptual framework that allows us to understand the significance of psychological states and processes for the attribution of criminal responsibility in a manner that is logically coherent, morally defensible, and consistent with research in psychopathology. (shrink)

This article explores two very different forms in which immoral conduct was problematized over the course of the 19th century. It does this by contrasting the sexual purity politics of the Vice Society and the medicalization of morality as `moral insanity'. Early in the century the Vice Society promoted coercive legislation with the aim of `suppressing vice'. From mid-century, moral insanity theories sought to grapple with vice by disaggregating `moral' from other forms of insanity. (...) These two movements had quite distinct and incompatible lines of development; and they never overtly engaged with each other. The article makes its key argument by demonstrating the way in which such dissimilar trajectories came together towards the end of the century in the `moral hygiene' movement, mobilizing discourses of `degeneration' (and `feeblemindedness') with projects promoting sexual purity. (shrink)

In this article, it has been aimed to examine Nietzsche’s main critique towards different understandings of morals in his era. With this criticism, it is aimed to integrally understand the opinions -which are articulated directly or metaphorically- towards morals which have been encountered. In here, while keeping in mind the difference between the concepts of immoralism and amoralism, Nietzsche’s views are interpreted. Being parallel to that aim mentioned above, it has been investigated if there is a thinking in Nietzsche which (...) can be seen as a kind of understanding of morals (maybe as the understanding of morals without morals) or not. And finally, it has been thought that if Nietzsche’s views on morals have any value for the 21st century and upcoming 22nd century human or not, whether there’s something left to learn for this human from his critiques or not. (shrink)

Sheikh Halid Sufi, as a Sufi poet, addresses human being as the main subject of his sufist dicourse. He is an important figure of our recent history as he primarily adopted the goal of human perfection and revealed a doctrine of humanity in the school of knowledge. In advance of our current century, when human is seen just in physical respect, he lived as a man of heart who handled human being with an integrated approach within the aspects of matter (...) and spirituality, the world and the hereafter, individual and community, body and soul. In this communiqué, I will discuss Sheikh Halid Effendi’s ontology and his point of view on the place of human being in the realm of existence. He seeks human perfection and wishes people to free themselves of shabby desires and regain their disposition. He recommends people to achieve purity in order to reach the rank of being a mirror to God’s reflections. As a Sufi poet, he attaches importance to carrying out the education of divine journey, wrapping up in mystical ethics, having the identity of wisdom and gaining the aesthetics of love so as to reach the perfection. SUMMARY Sheikh Mehmed Halid was born in 1273/1856 in Sivas. He graduated from Ottoman Junior High School. He attended the 1893 War. In 1880, he started his professional career at a state office. Until 1899, he served in several positions, as assistant judge in Erbaa Lower Court, as Prosecuting Deputy Attorney in Sivas, as Prosecuting Judge assistant in Lower Court and head clerk in Darende, as head clerk in Lower Court in Tonus/Altınyayla, and as prosecuting judge in Kuruçay. He died in 1931 and was buried in Sivas Yukarı Tekke Graveyard. Sufism (tasawwuf) is an education for integrity towards maturity, in a way to prufiy the self from evils of nafs (self) and to reach the love of Allah. This spiritual educational journey is called ‘Seyr-u Suluk’. Sheikh Mehmed Halid completed his Seyr u Suluk as a dervish (student) of murshid (mentor) Kastamonulu Ganizade Mehmed Sadık Baba. Sheikh Mehmed Halid wrote three books called Hilafetnāme, Mektubāt, and Divan. He deals with issues of Sufism (mysticism) in these works. Primarily, his works dwells into the matters of morals, worship, good manners (adab), customary practices, ingenuity, existence, and love. Sheikh Mehmed Halid’s sole attempt is to explain the relationship among Allah, man and universe in an understandable way. According to Sheikh Mehmed Halid’s conception of Sufism, existence is unique and that existence is only Allah. The existence of Allah is absolute while the existence of assets is relative. Things do not exist on their own. Universe is like a mirror. What is reflected in the mirror of universe are the shadows of Allah the Omnipotent. The graces of The Divine are reflected in this mirror. All the things that exist in the universe proves the Self of Allah and his properties. Each of the things in the universe are the words of Allah. The existence of the universe is a result of Allah’s mercy. Man is the fruit of the tree of the Universe.Man is both the embodiment and the reflection of Allah. We want to discuss the position of man in between Allah and the universe with Sheikh Halid’s verses. Perceiving plurality in unity and unity in plurality, Sheikh Mehmed Halid attributes the variety of things and existence in the universe to the Divine beauties of Allah. For those who can comprehend, the plurality/ abundance in existing objects in the universe indicates singularity and uniqueness of Allah. According to Sheikh Halid, Allah is independent from and beyond all the entities that exist in the universe. However, Allah, manifests Himself in the things that he creates and the actions he takes through His divine names and properties. According to Sheikh Halid, each object is a reflection of Allah’s divine properties. Every entity in the universe glorifies Allah with all their existence. For Sheikh Halid, Seyr u Suluk is the journey from weakness to perfection, from substance to meaning, and from things to reality. Considering Seyr u Suluk education as distancing one’s self from other beings, reaching purity of heart, disposing of all signs explains these concepts with pilgrimage metaphor. As a response to those who asks him what he meant by seyr u suluk, he says seyr u suluk is servitude and submission to Allah. In order for Seyr u Suluk to be meaningful, a person should enter the way of a murshid-i kāmil (perfect religious mentor), and should have sincerity, purity (being deprived of all sins) and dhikr. According to Sheikh Halid, someone who is not in trouble is not given a remedy. So as to bother is necessary for remedy to be arisen. Nuisances of the universe are also ephemeral as the universe itself. Therefore, it is unnecessary to bother things that are ephemeral. Because remedy is not available without being mature. According to Sheikh Halid, the procedure of gaining advantage from being mature; getting rid of the ego, feeling the love, being pioneer of the mission, being modest, to attain soul pleasure, escaping from fame, leaving the claim, the glory of salvation, proceeding dhikr, reaching the conquests and escaping from friendship of worldly things. According to Sheikh Halid, being mature is not setting about affiliation ceremony. Asceticism cannot be a show and claim authority. Sincerity is needed on the basis of seyr u suluk education. Asceticism which is an effort of making the religion a specific of Allah is to make intimacy with Allah. Sheikh Halid wants his murids who take part in ṭarīqa (sufī path) to decide on the sincerity. Sincerity is said to be the unique factor that makes sense the membership. Seyr u suluk which begins with being membership of mature murshid, which makes sense with proceeding worship and respecting the sincerity arises by teaching manners to soul. Seyr u suluk is trying to reform the soul. Teaching manners to soul is a challenging and significant task. The most important factor that ensure teaching manners to the soul to be achieved is dhikr. Dhikr practice which makes successful the teaching manner to the soul of seyr u suluk training increases the prudence and foresight of dervish. The unique task that murshid expects from his murid during the membership process is to adjust his soul and parlance to the dhikr of Allah. Dhikr of Allah is a product of fondness. According to Sheikh Halid, one who wants to be remembered in heaven should himself learn to remember Allah. Sheikh Halid gives too much importance to disciplining the tariqa where sufi training takes place. A murid should qualify his murshid whom he intimated to. Followers should gain sufficient advantage from the spiritual atmosphere in the dergāh of their murshid. The murid must be at the service of the murshid who trains him and should obey tariqa manners. Salik who achieves seyr u suluk, who maturates the sufi ethics and who gains sincerity through dihkr of Allah tries to achieve the Gnosis. The intent of being a human is to know Allah. The biggest disaster for human is to come upon unawareness. Sheikh Halid who assumes the the Arifs as sultans of walayah makes a comparison between the Arifs and the Zahids and prefers the Arifs. He thinks that the Zahids pay attention to the appearance, cannot reach the basis and cannot go beyond Allahliness show. Sheikh Halid, who encourages the Zahids to avoid comparing themselves with the Arifs, warns the ones who combat with the Arifs and reminds that Allah proclaims warfare to those who has hostility towards those surrendering themselves to Allah. Sheikh Halid lines up the ways of being mature and having wisdom as godly grace, asceticism, love, the mind of leaving, battle with the self, humility, dikhr and being woeful. Salvation process which Marifetullah will guide is to achieve the love of Allah. Love is the way of achieving the reunion. The reality can just be gained through love. However, gaining the divine love requires to be loved. Because, the way of gaining the divine love is to remove everything except Allah from one’s heart. (shrink)

Nineteenth-century psychiatrists ascribed to a model of health that was predicated on the existence of objective and strictly defined laws of nature. The allegedly “natural” rules governing the production of consumption of food, however, were structured by a set of distinctively bourgeois moral values that demonized over-indulgence and intemperance, encouraged self-discipline and productivity, and treated gentility as an index of social worth. Accordingly, the asylum acted not only as a therapeutic instrument but also as a moral machine that (...) was designed to remake lazy, indolent transgressors into useful, “decorous” citizens. Because the theory and mechanics underlying this machine seemed straightforward and self-evident to psychiatrists, they were confounded when the asylum failed to translate its ideals into reality. While psychiatrists tended to blame this failure on the intractable immorality and weakness of individual patients, particularly paupers and immigrants, a review of the various meanings and uses of food in the hospital reveals the fault lines that ran through the asylum’s ideological structure. (shrink)

One clear reason why human agents often act badly is because they are insufficiently attentive to moral considerations and concerns, or tempted to ignore these in pursuit of more immediate satisfactions. In so far as madness, insanity or mental instability may be regarded as undermining moral agency, it might also be supposed that such madness attaches more to the non-moral than the moral reasons or motives of agents. Still, the well-known quote from Chesterton at the (...) start of this paper may give pause to conventional thought on this matter. With reference to the ideas of Plato and Freud, as well as attention to literary and cinematic "case studies," this paper argues that moral reasons and motives – of an apparently Chestertonian kind – may be a prime source of morally "insane" conduct. (shrink)

Theoretical arguments that psychopathy eliminates individual responsibility for illegal behavior and can therefore serve as a basis for an insanity defense are largely premised on emotional characteristics of psychopathy that impede the individual’s capacity to appreciate right from wrong. We offer arguments and countervailing evidence indicating psychopaths do have the capacity to appreciate right from wrong and therefore should not be absolved of criminal responsibility.

Psychopathy fascinates. Modernist writers construct out of it an image of alienated individualism pursuing the moment, killing they know not why, exploiting in passing, troubled, if troubled at all, not by guilt, but by perplexity (Camus 1989; Gide 1995; Mailer 1957; Musil 1996). Psychiatrists and psychologists—even those who should know better—are drawn by it to take off into philosophical speculation about morality, evil, and the beast in man (Mullen 1992; Simon 1996). Philosophers succumb to the temptation of attempting to ground (...) speculation in the supposed facticity of psychopathy. -/- Psychopathy is a cultural construct with roots going back to the eighteenth century, but which only came to full flower over the last fifty years (Hare 1998; Lewis 1974). The currently fashionable constructions of psychopathy find wide acceptance among clinicians and academics. The problem is, however, whether the concept has connections that have been established to the behavior, psychopathology, or the structure and function of brain worthy of according even a modest level of scientific status. There is little point in basing an argument on some supposed scientific gold standard if what glitters is iron pyrites (fools' gold). -/- Neil Levy's opening paragraph contains the statement "Yet in other respects they seem quite irrational; so much so that the term moral insanity has sometimes been applied to them" (p. 129). This both asserts that there is a category "them," namely the psychopaths, and connects them to "moral insanity." Moral insanity entered the language of psychiatry when Pritchard chose to use the term to translate Pinel's category of mania sans deliré (Pritchard 1836). Pinel was attempting to conceptualize a range of disorders that bordered on insanity in the sense of severe disturbances of affect, judgment, and behavior, but that were not accompanied by hallucinations or delusions (Pinel 1798/1964). In today's terminology, the cases he described would probably fall into diagnostic groups, including major depression, bipolar disorder, epilepsy, and a range of personality disorders. A number of his more striking case histories involved antisocial and even murderous behavior, which probably reflected Pinel's role in assessing offenders for the criminal courts of Paris. Pritchard's use of the English word "moral" reflected an appeal first to its use at the time to designate something which was like or similar, but not identical (a usage the OED labels "vulgar"), and second moral in the sense of ethical, conforming to virtuous behavior. Anglophones seized on the latter meaning, although Pinel emphasized the former. Forty years later, Henry Maudsley, the most widely read psychiatrist of his generation, could assert that moral insanity was as real as Colour blindness, some people being Colour blind and some moral blind (Maudsley 1879). Moral insanity became connected variously to phrenology with its own bump over the underlying moral cortex, with the twisted genetics of degeneration, with atavistic theories of criminality, and with a range of disorders of brain from epilepsy to frontal lobe damage (Combed 1853; Ellis 1890; Pick 1989). Although it is anachronistic to use the terms "psychopathy" and "moral insanity" together, it is clear they occupied a similar social and psychiatric space, albeit in different era. This should caution against too ready acceptance of psychopathy which may turn out to be as empty and dangerous a conceptualization as moral insanity. Why dangerous? Dangerous to those labeled, because the morally insane and the moral imbeciles were placed in preventive detention in asylums and prisons, and even sterilized in some jurisdictions. Dangerous to society, because it gave a spurious scientific justification for viewing crime not as reflecting the social evils of deprivation, ignorance, and inequality but as the ravages of the born criminals. -/- Psychopaths are not, as Levy asserts, "(causally) responsible for … more than fifty percent of violent crime" (p. 129). A proportion of violent offenders, which varies widely between observers, are labeled psychopaths. This is often on the basis of Hare's psychopathy checklist, which is a subjective, albeit through training aspiring to be reproducible, and to some extent self-sustaining, evaluation system (Hare 1980, 2003). Part of the checklist gathers data on prior antisocial behavior; part constrains the examiner to subjectively estimate such matters as glibness and callousness, part requires judgments about whether the... (shrink)

This article investigates “impaired insight,” a controversial psychiatric category describing a mad person unable to know his or her madness. Like “moral insanity” and other concepts before it, impaired insight offers a way to link the disparate logics of human responsibility in psychiatry and the law. I attribute its development to changes wrought by deinstitutionalization, the rise of antipsychotic medication, and patient incarceration in penal settings. In a system that aims to govern psychiatric patients through their freedom, the (...) logic of impaired insight introduces a wrinkle: can a person make an informed choice to refuse treatment if madness itself impairs awareness of illness? Drawing on tools from the sociology of science, I trace the process by which researchers recast psychodynamic “denial” as a neurological and therefore non-volitional “impairment” in the 1990s. I then show how social movement actors mobilized the materialized form in the legal and policy fields in the 2000s, bringing insight science to bear upon the very questions of custodial management and patient rights that gave birth to it. At stake is this dilemma: how can societies that simultaneously privilege individual responsibility and somatic accounts of behavior govern those at the border of legal capacity, and with what justification? (shrink)

Moral philosophy in all its contemporary forms, whether consequentialist, formalist, contractarian, utilitarian, or virtue ethicist, presumes the possibility of formulating principles of conduct that apply universally to all human beings. Standard exceptions are infants and young children, persons who are clinically insane, and persons with reduced mental capacity. These exceptions are recognized by all modern systems of morality and law. The inability to distinguish right from wrong, due to immature age, mental disorganization, or insufficient intelligence is grounds to exempt (...) any given person from moral responsibility and moral agency.Human beings not bound by such conditions are distinguished by their capacity .. (shrink)

It is common for philosophers to argue that psychopaths are not morally responsible because they lack some of the essential capacities for morality. In legal terms, they are criminally insane. Typically, however, the insanity defense is not available to psychopaths. The primary reason is that they appear to have the knowledge and understanding required under the M’Naghten Rules. However, it has been argued that what is required for moral and legal responsibility is ‘deep’ moral understanding, something that (...) psychopaths do not have either due to their lacking empathy or practical reason. In the first part of the paper, I argue that psychopaths do not lack the abilities required for deep moral understanding, although they have deficits in those areas. According the M’Naghten Rules, therefore, psychopaths are not insane. Under a less strict formulation of the insanity plea, like the Model Penal Code, however, there is a good case to be made for their lacking substantial capacity. I argue that because psychopathy is an essentially moral disorder, and because of the nature of psychopathic violence, psychopaths should not be excused under the insanity plea. It would be tantamount to excusing someone for committing a crime because they are bad. Arguably, this contravenes the entire system of law. (shrink)

Psychopaths are the bugbears of moral philosophy. They are often used as examples of perfectly rational people who are nonetheless willing to do great moral wrong without regret; hence the disorder has received the epithet “moral insanity” (Pritchard 1835). But whereas philosophers have had a great deal to say about psychopaths’ glaring and often horrifying lack of moral conscience, their aesthetic capacities have received hardly any attention, and are generally assumed to be intact or even (...) enhanced. Popular culture often portrays psychopaths in ways that suggest a great gap between their amorality and their aesthetic sensitivity. In The Silence of the Lambs (Jonathan Demme, 1991), Hannibal Lecter appreciates fine art, fashion, and wine, while he eats his way through his enemies. His real-life counterparts, however, do not demonstrate the same sensitivities. There is no evidence that psychopaths are capable of real aesthetic appreciation, and some evidence that they are not. In this paper, we set out the limited evidence for the psychopath’s deficient aesthetic sensitivity. The best explanations of what the psychopath lacks turn out to implicate abilities that are also thought to be central to moral thought and action: an impaired capacity for empathizing with others and deficient ability to take a disinterested attitude towards things (socalled distance). We endorse the latter explanation. Thinking about what underlies the psychopath’s deficient aesthetic understanding turns out to throw light on a difficult problem: the connection between ethics and aesthetics. (shrink)

What factors should be taken into account when attributing criminal responsibility to perpetrators of severe crimes? We discuss the Breivik case, and the considerations which led to holding Breivik accountable for his criminal acts. We put some pressure on the view that experiencing certain psychiatric symptoms or receiving a certain psychiatric diagnosis is sufficient to establish criminal insanity. We also argue that the presence of delusional beliefs, often regarded as a key factor in determining responsibility, is neither necessary nor (...) sufficient for criminal insanity. (shrink)

Should the insane and the mentally ill be held morally responsible for their actions? To answer ‘No’ to this question is to classify the mentally abnormal as not fully human: and indeed legal tradition has generally oscillated between assimilating the insane to brutes and assimilating them to children below the age of discretion, neither of these two categories being accountable in law for what they do. In what respect relevant to moral responsibility were the insane held to resemble brutes (...) and children? In the case of brutes, the answer seems to have been that the doings of the insane appeared to lack whatever it is that marks out human actions as distinctively human . What the insane did could not be thought of as issuing from deliberation, or as capable of having issued from deliberation, but seemed rather to be the result of the unbridled operation of nature — if a diseased nature. The natural comparison with insane killings seemed to be, for example, the killing of birds by cats. This distinction between animal doings and human actions does not depend on Cartesian views about the workings of animals; the operation of nature need not be thought of as mechanical. The thought is simply that where there is no room for deliberation there is no room for moral appraisal. Children, on the other hand, though capable of distinctively human action — i.e. of deliberating about what they do — were held not to be capable of the relevant kind of deliberation: for they were held ‘not to know the difference between right and wrong’. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Back to the Nineteenth Century Is ProgressJeffrey L. Geller (bio)Keywordshistory, monomania, impulse control disorders, DSMJohn Sadler Eloquently Makes the case that the phenomena of criminality, wrongful conduct, and mental illness are befuddled in current diagnostic manuals, for example, the Diagnostic and Statistical Manual (DSM)-IV-TR. The lack of clarity in the “vice–mental disorder relationship” reflects centuries old struggles to create clear demarcations between “mad” and “bad.” Sadler points out that (...) the DSMs have been and are both the products of historical, cultural, and social forces and the purveyors of defining boundaries that shape contemporary psychiatric and judicial practices. Sadler does American psychiatry a great service by resurrecting a discussion that was quite rich in the nineteenth century, but generally dormant in the twentieth. I thought I could best use this commentary by bringing to the attention the readers of Philosophy, Psychiatry & Psychology the scope of the debate amongst Sadler’s nineteenth-century predecessors.Sadler’s PredecessorsPhilippe Pinel, who presented the first clear modern description of the form of mental illness subsequently named moral insanity appeared well aware, in the early years of the nineteenth century, of the difficulties there would be accepting the concept of a limited or partial moral mania:There are certain rare examples of a peculiar turbulent and embittered character, who otherwise show no evidence of disturbed reason. Ought they to be included under the heading of “mania without delirium?” At any rate the authorities have preferred to have them admitted to asylums rather than let them mix with delinquents in houses of correction.(As cited by Walk 1954, 821)James Cowles Prichard, a British physician, is credited with “inventing” the term moral insanity, which he defined as “a morbid perversion of the feelings, affections, and active powers, without any illusion or erroneous conviction impressed upon the understanding” (Prichard 1837, 20; 1842). Prichard warned against the failure to recognize this form of insanity, illustrating his point with what we might now refer to as pyromania:Many lunatics, whose disorder was merely a destructive propensity, have set fire to houses or public buildings, and it is not to be doubted that men have been occasionally executed as criminals for such actions, who, if they had been kept in confinement, would have proved to be insane. Until the existence of moral insanity is distinctly recognized, there will always be a danger of this event ensuing in the trials of mischievous lunatics.(Prichard 1837, 287)Prichard referred to such acts as “instinctive madness” (Prichard 1842). [End Page 19]Isaac Ray, the first American to specifically address these matters (in the first edition of his Treatise on The Medical Jurisprudence of Insanity (1838), defined “partial moral mania,” indicating that, “In this form of insanity, the derangement is confined to one or a few of the affective faculties, the rest of the moral and intellectual constitution preserving its ordinary integrity” (p. 186). Ray highlighted those partial moral mania he considered to “have the most important legal relations” (p. 187): “an irresistible propensity to steal,” “an inordinate propensity to lying,” “erotic mania,” “a morbid propensity to incendiarism,” and “homicidal insanity” or “homicidal monomania” (pp. 187–234). Ray cogently described what we would categorize today as an impulse disorder: “Amid the rapid and tumultuous succession of feelings that rush into his mind, the reflective powers are paralyzed, and his movements are solely the result of a blind, automatic impulse with which the reason has as little to do, as with the movements of a newborn infant” (p. 261). Ray believed these monomanias “completely annulled... all moral responsibility for acts committed under their influence,” and consequently “the laws can rightfully inflict no punishment on their unfortunate subjects” (p. 276).Ray, like his European predecessors, was not insensitive to the conundrum these partial moral manias would likely produce:True, cases of a disputable character sometimes occur—cases in which we may well doubt whether the active principle is depravity or disease. I have no wish to conceal any difficulty which this subject may present(Ray 1861, 120).The English translation of Esquirol’s treatise in 1854 supported Ray’s views. In a lengthy chapter on the different forms of... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Bad, the Ugly, and the Need for a Position by PsychiatryLloyd A. Wells (bio)Keywordsvice, psychiatric education, psychiatry-law interface, medicalizationSadler’s paper is thought provoking and will resonate with many psychiatrists who deal with the interface of vice and psychiatric syndromes. This interface and the dilemmas it poses are perhaps most discussed by residents, who are dealing with the issue for the first time and who often debate what is (...) “psychiatric” about these cases. Many residents have their own informal systems of classifying vice, often with a divide between the criminal population and those perceived as avoiding work and responsibility. These unofficial classifications are usually judgmental and often pejorative, but the residents rarely get much help from faculty in this area. Indeed, many of the faculty have equally judgmental and pejorative views, which are neither systematized nor subject to systematic analysis.By clarifying the importance of the issue of the vice–mental disorder relationship (VMDR) to psychiatry, Sadler may move this topic to one that receives Socratic discourse in our training programs and serious consideration in the training of psychiatrists rather than an idiosyncratic lumping of these patients into the broad category of “patients I don’t like.”Sadler asks for comments in several categories: historical intractability, goals of psychiatry, taxonomy, implications for the criminal justice system, implications for the law, and ethical/political implications.Issues of historical intractability are long standing. In A Tour of the Whole Island of Great Britain, written in the early eighteenth century, Daniel Defoe (1724–1727) describes many asylums, often with the comment, “as it is a madhouse, so is it also a house of correction.” Some of the great public hospitals of the seventeenth and eighteenth centuries were built at least as much to get antisocial and homeless people off the streets as to provide care for the mentally ill. The moral treatment of France and Great Britain, which added much to the practice of psychiatry, clearly had punitive “treatments” for patients with vice-laden behaviors, and this was very explicit in the American moral model of treatment of the late nineteenth century with its obsessive need to prevent patients from masturbating. In the nineteenth and early twentieth centuries, there was great debate about the inclusion of Pritchard’s “moral insanity”—now sanitized into “personality disorders”—into the psychiatric domain, and Kraepelin referred to this group as “enemies of society.”Sadler next asks us to consider the goals of psychiatry in regard to “a proper VMDR.” He wonders [End Page 43] whether a strict medicalization account can be defended. I think it is clear from a large literature and from clinical experience that it cannot be defended —now. But it may become defensible in this century, which will pose enormous challenges to psychiatry, lawmakers, and the courts (vide infra). A strict moralization model is defended by many in society, including some psychiatrists, but has severe limitations and seems illogical. It is hard to make a case (though juries have done so) that, for example, a very delusional young woman with postpartum psychosis who murders her children because of the belief that far worse things than death will happen to them imminently if they live, fits the moralization approach. The Dahmer case is especially instructive. Although there was enormous “vice” (and perhaps “evil”), it is hard to make a case that a sane man would make temples out of the body parts of victims and would attempt to commune with the dead through them.He wonders whether a “mixed” version of medicalization/moralization can be developed and defended. I would argue for both a mixed approach and a “shared” approach. A middle adolescent with bipolar disorder burned his house to the ground. (Fortunately, he and family members were injured but not killed.) He was wildly manic at the time and set the fire because he wanted to prove that he was immortal and totally impervious to flames. He was delusional, extraordinarily impulsive, and completely without judgment, and it would be extraordinarily difficult to exclude the medical frame in any consideration of the vice involved. The vice, indeed, may be more involved in his decision while euthymic to stop taking... (shrink)

Reports of increasing family violence abound in Nigeria. Although studies have implicated cultural constructs as the basis for this trend, this study specifically contemplated the nexus between the increased violence and Anti-Social Personality Disorder (ASPD). The purpose of this study was to connect these abusive and violent behaviours in their specific contexts as evidence of ASPD. The study was hinged on autoethnographic research which I systematically analysed as lived experiences with a sociopath. Data for the analyses was drawn from purposively (...) sampled participants (n-70) of victims of family violent abuse. Thematic, interpretative analytical approach and the theories of sociopathy, particularly Hare, Psychopathy Checklist-revised (PCL-R) were used to analyse the data from my personal experiences, and the interviews. The results indicated that only five participants representing 7.14% of the purposively selected population, admitted knowing sociopaths as conscienceless murderers and serial killers. The majority of participants (90%) contemplated sociopaths in religious terms (as incarnated evil beings). Only 2.86% rightly expressed their understanding of sociopathy and related personality disorders in a much-informed manner. Although the results of this study contrast with conventional propositions on ASPD, they revealed how religious belief and superstition among Nigerians frame the conversation on sociopathy and other variants of ASPD. Findings suggested that the growing superstitious beliefs on the causes, nature and remedy to ASPD particularly those associated with sociopathy provide the space for people living with these behavioural conditions (particularly violent sociopaths) to continue abusing unsuspecting individuals in the society. Contribution: The finding of this study specifically challenged the faith-based misconceptions associated with ASPD. Therefore, it is expected that the new insight on ASPD, particularly sociopathy ushers in proper understanding and ways of dealing with the morally insane. (shrink)

Çalışmanın konusunu Seyyid Burhaneddin’de ahlakî arınmanın incelenmesi teşkil etmektedir. İnceleme üç temel soru çerçevesinde yürütülür. İlk soru, kirlerin neler olduğu ve nelerin bu kirlerden arındırılması gerektiğine yöneliktir. Bu bağlamda Seyyid Burhaneddin’in beden, dünya, nefs, gönül, can, ruh vb. hususlarla alakalı görüşleri ele alınmaktadır. Diğer bir soru ise söz konusu arınmanın nasıl gerçekleştirileceğine ilişkindir ki Seyyid Burhaneddin’in mücahede, riyazat, söz, bilgi gibi kavramlara dair görüşleri doğrultusunda bir yanıt verilmeye çalışılır. Arınmanın ve buna binaen yetkinleşmenin sonucu kişinin ulaşacağı mertebe ne olacaktır? Son (...) olarak da bu soru çerçevesinde Seyyid Burhaneddin’in düşüncelerinin değerlendirilmesine çalışılmakta ve insanın beka ve ebediyete kavuşması ve namütenahi bir biçimde Allah’ta seyredişi ele alınmaktadır. (shrink)

This essay articulates a conception of responsibility and excuse in terms of the fair opportunity to avoid wrongdoing and explores its implications for insanity, incompetence, and psychopathy. The fair opportunity conception factors responsibility into conditions of normative competence and situational control and factors normative competence into cognitive and volitional capacities. This supports a conception of incompetence that recognizes substantial impairment of either cognitive or volitional capacities as excusing, provided the agent is not substantially responsible for her own incompetence. This (...) conception helps frame the question whether psychopathy is excusing. The most common rationale for excusing psychopathy appeals to claims about cognitive incompetence. However, there are good philosophical and empirical reasons to be skeptical that psychopaths lack the relevant cognitive capacities. There is more to be said for a volitional rationale for excuse. The crucial question here is whether the problems psychopaths have with impulse control and conforming their behavior to the relevant moral and criminal norms are systematic enough to demonstrate genuine volitional incompetence. The available empirical evidence should leave us skeptical about the merits of this volitional rationale for excuse. (shrink)

Though we should probably find it easier to detect immorality in its instances than to determine morality in its essence, we generally take it for granted that to be moral is to be good. On the assumption, I suppose, that morality and goodness are actually equivalent, some have even said that it is goodness alone that is good. And yet in the name of morality men have suppressed their vitality, stifled their generosity, surrendered their reason, and gone like sheep (...) to the slaughter. In the name of morality men have distorted the truth and tormented the innocent. They have cut off heads in the past and they cut off heads in the present. It seems to me that alike with morality and without it, alike without it and with it, human behaviour may display brutality and insanity. Our human society may disintegrate and wither because of moral vacillation and paralysis. But it may be blighted the world over because struck by the lightning of moral frenzy. (shrink)

This paper argues that there are compelling grounds for thinking that coercive indoctrination can defeat or mitigate moral culpability in virtue of being a form of non-culpable moral ignorance. That is, I defend a two-tier account such that what excuses an agent for a wrongful act is the agent’s ignorance regarding the moral quality of their act; and what excuses the defendant for their ignorance is that coercion or manipulation deprived the defendant of a fair opportunity to (...) avoid that ignorance. I further argue that criminal defense theory would better track moral culpability were it to broaden existing defenses whose desert-base is moral ignorance—such as insanity or mistaken-belief self-defense—to include non-culpable ignorance due to diminished situational control. In this way, criminal law can plausibly recognize a defense of coercive indoctrination without postulating any new categories of defense. (shrink)

In the second half of the 19th-century, a group of psychiatric experts discussed the relation between brain malfunction and moral misconduct. In the ensuing debates, scientific discourses on immorality merged with those on insanity and the brain. This yielded a specific definition of what it means to be immoral: immoral and insane due to a disordered brain. In this context, diverse neurobiological explanations for immoral mind and behavior existed at the time. This article elucidates these different brain-based explanations (...) via five historical cases of immoral persons. In addition, the article analyses the associated controversies in the context of the period’s psychiatric thinking. The rendering of the immoral person as brain-disordered is scrutinized in terms of changes in moral agency. Furthermore, a present immoral person is discussed to highlight commonalities and differences in past and present reasoning. (shrink)

I argue for two propositions. First, contrary to the common wisdom, we may justly punish individuals who are not morally responsible for their crimes. Psychopaths – individuals who lack the capacity to feel sympathy – help to prove this point. Scholars are increasingly arguing that psychopaths are not morally responsible for their behavior because they suffer from a neurological disorder that makes it impossible for them to understand, and therefore be motivated by, moral reasons. These same scholars then infer (...) from this conclusion that they must also lack criminal responsibility and therefore that our continuing to punish psychopaths for their crimes is unjust. My response is that this inference is entirely fallacious. -/- Criminal responsibility turns out to be quite distinct from moral responsibility. The two kinds of responsibility require very different conditions to be satisfied. In particular, criminal responsibility, unlike moral responsibility, does not require an agent be able to grasp and follow moral reasons; it requires only that the individual be able to grasp and follow criminal laws. Once this point is recognized, it becomes much easier to accept my thesis: while the subset of psychopaths who commit crimes are not morally responsible for their criminal behavior because they cannot understand moral reasons, they are still criminally responsible because they can understand what the consequences will be if they get caught. For this reason, even though I concede that psychopaths are not morally responsible for the crimes that they commit, our practice of punishing them for these crimes is still just. -/- Second, I argue that psychopathy is a mental illness and should be recognized as such. One reason that it should be recognized as a mental illness is simply because it is; it satisfies the main criteria for inclusion in the DSM-IV, the “bible” of mental disorders. The other reason is more practical than conceptual. It starts with two facts: the U.S. Supreme Court has decided that the preventive detention of any individual who is not a criminal suspect is not constitutional unless the individual is not only dangerous but also mentally ill; and psychopathy is not currently considered to be a mental illness. So, as things now stand, we cannot preventively commit dangerous psychopaths – that is, psychopaths who have clearly indicated that they will be committing serious crimes. Instead, we must wait for them to commit the crimes before we can lock them up. Unfortunately, this incarceration always comes too late for the victims. It would therefore be better if we could lock them up before they actually inflict any harm. Once again, then, I propose that the legal and psychological communities classify psychopathy as a mental illness. (shrink)

Our paper explores how the affective energies and cultural expectations set in motion by best-selling American sentimental novels like Hannah Foster's The Coquette and Susanna Rowson's Charlotte Temple informed the notorious mid-nineteenth-century American trial of Amelia Norman, who attempted to kill the man who seduced her. Once newspapers, defense lawyers, and reformers such as Lydia Maria Child recast the defendant as a sentimental heroine, the trial became about seduction, and Norman was acquitted against the weight of the evidence. Sentimental novels (...) turn on the contrast between the passive victim status of the heroine and the active libidinal quest of the rake-villain. As Cathy Davidson points out, this fiction is "about silence, subservience, stasis (the accepted attributes of women as traditionally defined) in contradistinction to conflicting impulses toward independence, action, and self expression (the ideals of the new American nation)." The seduction plot diverts attention from this disparity by establishing an affective solidarity between heroine and reader and elevating the ruined woman to a tragic status. The sentimental emplotment of Norman's life marshaled a powerful set of emotional responses and moral judgements on her behalf. Norman claimed insanity. And since sentimental heroines are supposed to go mad when they are seduced and abandoned, the jury was prepared to interpret her symptoms according to her lawyers' very strategy for establishing her innocence. Ultimately, however, Norman embodied the plight of the sentimental heroine at the same time that she contested her fictional counterpart's fate. In this way, her trial spectacularized the disparity which the sentimental novel conjures up and displaces but never resolves. The common law theory of coverture, which severely limited the legal personhood of married women, has received a great deal of scholarly attention. Cases like Norman's remind us that unmarried women were also subject to draconian constraints on their legal personhood. The tort of seduction is a key example. Legal historians trace the development of the seduction tort from its common-law origins, when men's property interest in women's bodies formed the basis of the cause of action, to 1851, when Field Code authors (including Norman's lawyer David Graham) persuaded several states to grant seduced women standing to bring their own cause of action. Consequently, courts were forced to reckon with the seduced woman as a moral agent capable of consenting to sex. As trials like Norman's demonstrate, sentimental novels helped lay the groundwork for this shift in the law by elucidating a subjectivity for the seduced woman. Yet the doctrinal implications of Norman's precedent-setting trial had a second, more ambiguous strain. Norman's sentimental strategy proved so powerful that men on trial for killing their wive's seducers appropriated it to bring their own stories before juries and to reinforce male sexual norms. In the end, then, Norman's trial fostered legal reform, but it also suggested - as Child's fictionalization of the case in "Rosenglory" recognized - that only sustained and multifaceted efforts to change cultural as well as legal norms could improve the sexual status of women. Scholars such as Wai Chee Dimock have argued for a focus "on the historical and historically shifting relations between law and literature" - a view we endorse. Where we differ from Dimock is in our diversion of attention away from abstract ideas of law laid out by treatise writers and philosophers in favor of law experienced and manipulated by individuals. So, too, we are interested less in representations of concepts such as justice in legal and literary texts than we are in the ways in which literature (broadly conceived) can create provisional and fragile opportunities for concrete instantiations of justice and even generate legal change (for good or ill). Going further, we would argue that to the extent legal change motivates rather than simply mirrors cultural change, it needs literature to be effective. Thus, we see no need to characterize - and indeed reject the depiction of - law as "a limited arena" in which ideas of morality have little place. This project, then, responds to Gregg Crane's call for attention to "the complex and slippery historical interactions of law and literature that shape and are shaped by an ever changing cultural idiom of justice." The extended story of Amelia Norman not only constitutes a case study in the inescapable interaction between the overlapping and interdependent discourses of law and literature, but also reveals the literary and legal consequences of that interaction. (shrink)

In this edition of two of Nietzsche's late works, Kaufmann has written a short introduction to each work and included indices for each work. There is an appendix to the Genealogy consisting of Kaufmann's translations of the aphorisms from earlier works which Nietzsche alludes to in the Genealogy. Also included is an appendix of discarded drafts of parts of Ecce Homo. In addition to a readable translation, Kaufmann has written a running commentary in the form of short footnotes which become (...) more expansive in one section of the Genealogy which deals with intellectual conscience and with truth. The Genealogy is intended by Nietzsche to be a sequel to and clarification of Beyond Good and Evil. It deals with such themes as master morality as opposed to slave morality, bad conscience, ressentiment, and ascetic ideals. Ecce Homo is Nietzsche's commentary on himself, his books, and his intellectual development. In the introductions, Kaufmann pleas for responsible scholarship when dealing with Nietzsche and rails against what he considers to be a conspiracy of malicious misinterpretations that have sought to discredit Nietzsche. He criticizes views that would disregard Ecce Homo as an insanely disfigured self-portrait. He also rejects interpretations of the Genealogy which suppose that Nietzsche would lump together as evils slave morality, bad conscience, and ascetic ideals. Kaufmann's admiration for Nietzsche is undisguised, and he admits a special fondness for Ecce Homo.—S. O. H. (shrink)

In October 2003 the Supreme Court of the United States allowed Arkansas officials to force Charles Laverne Singleton, a schizophrenic prisoner convicted of murder, to take drugs that would render him sane enough to be executed. On January 6 2004 he was killed by lethal injection, raising many ethical questions. By reference to the Singleton case, this article will analyse in both moral and legal terms the controversial justifications of the enforced medical treatment of death-row inmates. Starting with a (...) description of the Singleton case, I will highlight the prima facie reasons for which this case is problematic and merits attention. Next, I will consider the justification of punishment in Western society and, in that context, the evolution of the notion of insanity in the assessment of criminal responsibility during the past two centuries, both in the US and the UK. In doing so, I will take into account the moral justification used to enforce treatment, looking at the conflict between the prisoner’s right to treatment and his right to refuse medication where not justified by outcomes that can be reasonably expected to be positive for the individual. Finally, in contrast with some retributivist arguments in favour of enforced treatment to enable execution, I will propose a possible alternative, necessary if we are to consistently uphold the notion of autonomy. (shrink)

Robinson brings to his defense of moral realism credentials in both philosophy and psychology, honed over a lifetime of learning. The former chairman of the Psychology Department and Distinguished Research Professor Emeritus of Georgetown University, he is currently a Member of the Philosophy Faculty, Oxford University, and Adjunct Professor at Columbia University. At once at home in classical antiquity and contemporary Anglo-American philosophy, Robinson has among his many published works books entitled Aristotle’s Psychology, Intellectual History of Psychology, Psychology and (...) Law: Can Justice Survive the Social Sciences, and Wild Beasts and Idle Humors: The Insanity Defense from Antiquity to the Present. (shrink)

In February 1994, Stephen Mobley was convicted of the murder of John Collins. Mobley's lawyers attempted to introduce genetic evidence in an attempt to have Mobley's sentence reduced from death to life imprisonment. I examine the prospects for appeal to genetic determinism as a criminal defense. Guided by existing standards for insanity defenses, I argue that a genetic defense might be allowable in exceptional cases but will not be generally available as some have worried.