Mapping the Contradictions in Insanity Comparative Study of the Legal and Medical Discourse

Abstract

newline Human beings are a subject of law as they are naturally endowed with free will and reason. newlineThis makes their action either commendable or culpable; as where there is no free will to newlinecommit an offence there can be no just reason to incur penalty. As free will presupposeth newlineunderstanding to know the action chosen hence where there is no understanding, there is no newlinefree will to commit an offence. The presence of free will may be influenced not only by newlinematurity of mind but also from a debilitated condition permanent or temporary of mind. newlineThis debilitated condition of mind that grants an exemption from criminal responsibility is a newlinecause of friction between the legal and medical profession. The legal provision on defence of newlineinsanity is based on the fact that the defence cannot protect a person unless his cognitive newlinefaculties of the mind is affected at the time of commission of crime, to such an extent that the newlineaccused is not able to understand the nature of the act or that what he is doing is wrong or newlinecontrary to law. Hence, insanity in law is rooted on the intellectualistic conception of newlinecognitive faculties and is an affirmative defense. In a legal arena one therefore is not newlineconcerned with mental disease per se rather the effect of illness on the cognitive faculties. newlineOn the contrary, the medical profession has maintained that the defense of insanity in law is newlinebased on an entirely obsolete and misleading conception since insanity not only or primarily, newlineaffects the cognitive faculties of mind but also affects the whole personality of the patient newlineincluding his abilities to exercise control over his actions. newlineLegal insanity therefore collides with the medical insanity as it ignores the impact of illness newlineon emotional health of a person which impacts the moral equilibrium of an individual. There newlineis no mental disorder, however partial in appearance, that does not have its reverberation newlinethroughout the rest of the affected mind and thereby on the whole personality of the person. newlineDespite the...