Abstract
Philosophers and members of the academic community in general often are accused of treating social issues on such a refined level of abstraction as to make their contributions to the resolution of these issues insignificant. Indeed, they frequently are said to misunderstand social problems, lacking as they do any first-hand experience with the concrete details and dilemmas that confound the politician, the judge, and the policeman. These charges are especially clamorous with respect to crime and society,s response to it. Philosophers have developed abstract theories of punishment that attempt to show under what conditions punishment is justified, but seldom if ever do they confront the agonizing perplexities involved in arrest and sentencing that those in decision-making positions must face daily. To many observers, the gap between philosophical theory and social fact is so great as to invalidate the former. Recently, however, philosophers have been attending more to applied issues, and some of them are acknowledging the practical difficulties involved and proposing solutions that take these difficulties into account. James Humber is such a philosopher, and his recent article “The Involuntary Commitment and Treatment of Mentally Ill Persons”1 contains his practical proposal for resolving some of the dilemmas we confront regarding crime, psychiatric testimony, and the mentally ill lawbreaker.
Access this chapter
Tax calculation will be finalised at checkout
Purchases are for personal use only
Preview
Unable to display preview. Download preview PDF.
Similar content being viewed by others
Notes and References
James M. Humber, “The Involuntary Commitment and Treatment of Mentally Ill Persons,” Social Science and Medicine 16(F) (1981) pp. 143—150.
2Francis G. Jacobs, Criminal Responsibility (London: Weidenfeld and Nicolson, 1971); and Nigel Walker, Crime and Insanity in England: The Historical Perspective (Edinburgh Press, 1968).
3Lady Barbara Wootton, Crime and the Criminal Law (London: Stevens, 1963).
Richard Wasserstrom, Philosophy and Social Issues (Notre Dame, IN: University of Notre Dame Press, 1980), pp. 136—137.
5Lady Barbara Wootton, op. cit., 177.
Herbert Morris, “Persons and Punishment,” The Monist 54(4) (1968), pp. 475—501. Jeffrey Murphy, “Criminal Punishment and Psychiatric Fallacies,” and “Preventive Detention and Psychiatry, Punishment and Rehabilitation (Belmont, CA: Wadsworth Publishing Co., 1973).
Flew, “The Justification of Punishment,” Philosophy 29 (1954), 291—307; S. I. Benn, “An Approach to the Problems of Punishment,” Philosophy, 33 (1958), pp. 325—341; and H. L. A. Hart, “Prolegomena to thePrinciples of Punishment,” Proceedings of the Aristotelian Society, 60:1—26 (1959—60). gHumber, op. cit., 145.
Humber, op. cit., 145.
Hugo Adam Bedau, “A World Without Punishment?” in Milton Goldinger (ed.), Punishment and Human Rights (Cambridge, MA: Schenkman Publishing Co.: 1974, pp. 141—162).
Aristole, Nicomachean Ethics, Book V. 11See Bibliographies in R. Binkley, R. Bronaugh, and A. Marras (eds.), Agent, Action and Reason (Oxford: Basil Blackwell, 1971); and Myles Brand (ed.), The Nature of Human Action (Glenview, IL: Scott Foresman and Co., 1970).
Editor information
Editors and Affiliations
Rights and permissions
Copyright information
© 1983 Springer Science+Business Media New York
About this chapter
Cite this chapter
Arrington, R.L. (1983). Mental Illness and Crime. In: Humber, J.M., Almeder, R.F. (eds) Biomedical Ethics Reviews · 1983. Biomedical Ethics Reviews. Humana Press, Totowa, NJ. https://doi.org/10.1007/978-1-59259-439-9_8
Download citation
DOI: https://doi.org/10.1007/978-1-59259-439-9_8
Publisher Name: Humana Press, Totowa, NJ
Print ISBN: 978-1-4757-4632-7
Online ISBN: 978-1-59259-439-9
eBook Packages: Springer Book Archive