How does the law regard and define mental incompetence, when faced with the problem of meting out justice? To what extent has the law relied on extra-legal authoritiesbe they religious or scientificto frame its own categories of mental incompetence and madness?Wild Beasts and Idle Humourstakes us on an illuminating journey through the changing historical landscape of human nature and offers an unprecedented look at the legal conceptions of insanity from the pre-classical Greek world to the present. Although actual trial records are either totally lacking or incomplete until the eighteenth century, there are other sources from which the insanity defenses can be constructed.
In this book Daniel N. Robinson, a distinguished historian of psychology, pores over centuries of written law, statements by legal commentators, summaries of crimes, and punishments, to glean from these sources an understanding of epochal views of responsibility and competence. From the Greekphrenesisto the Roman notions offuriosusandnon compos mentis, from the seventeenth-century witch trials to todays interpretation ofmens rea, Robinson takes us through history and provides the intricate story of how the insanity defense has been construed as a meeting point of the law and those professions that chart human behavior and conduct: namely religion, medicine, and psychology. The result is a rare historical account of insanity within Western civilization.
Wild Beasts and Idle Humourswill be essential reading for anyone interested in the evolution of thinking not merely about legal insanity but about such core concepts as responsibility, fitness for the rule of law, competence to enter into contracts and covenants, the role of punishments, and the place of experts within the overall juridical context.
Daniel N. Robinson has written a graceful history of insanity and the law stretching from Homer to Hinckley. He attempts no final theory alƒv