Includes bibliographical references (pages 495-513) and index.
Law and psychiatry : competing views of persons? The idea of practical reason and explanation in the social sciences -- The legal view of persons -- The challenge of psychiatry -- Rationality and madness. Does madness exist? -- Psychiatry and the concept of mental illness -- The legal concept of insanity -- Practical reason and the unconscious. Does the unconscious exist? The nature of psychoanalytic explanation in terms of the unconscious -- The unconscious as the source of an increased responsibility -- The unconscious as the source of a decreased responsibility -- Legal persons and psychiatric subagents. The unity of the self -- Conclusion: Toward a philosophical rethinking of law and psychiatry.
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This book is about the competing images of man offered us by the disciplines of law and psychiatry. Michael Moore describes the legal view of persons as rational and autonomous and defends it from the challenges presented by three psychiatric ideas: that badness is illness, that the unconscious rules our mental life, and that a person is a community of selves more than a unified single self. Using the tools of modern philosophy, he attempts to show that the moral metaphysical foundations of our law are not eroded by these challenges of psychiatry. The book thus seeks, through philosophy, to go beneath the centuries-old debates between lawyers and psychiatrists, and to reveal their hidden agreement about the nature of man. Some attention is paid to practical legal and psychiatric issues of contemporary concern, such as the proper definition of mental illness for psychiatric purposes, and the proper definition of legal insanity for legal purposes. This book was first announced, for publication in hard covers, in the Press's January to July seasonal list.