《LAW AND PSYCHIATRY RETHINKING THE RELATIONSHIP》

Introduction1

Part Ⅰ Law and psychiatry: competing views of persons?9

1.The idea of practical reason and explanation in the social sciences9

Reason-giving explanations and practical reasoning9

Contrasting mentalistic explanations and interpretations14

Functional attributions26

Mechanistic explanations32

2.The legal view of persons44

Persons in law, morals, and metaphysics44

Persons as the subjects of legal and moral responsibility49

Persons as the holders of legal and moral rights90

The legal view of persons100

3.The challenge of psychiatry113

The human being as the universally sick animal114

The omnipresent unconscious126

The corporate self142

Part Ⅱ Rationality and madness155

4.Does madness exist?155

The mythology of radical psychiatry156

Conclusion180

5.Psychiatry and the concept of mental illness182

The ordinary meaning of mental illness182

The purposes behind psychiatric redefinition of mental illness198

The expansive psychiatric definitions of mental illness204

A more moderate psychiatric definition of mental illness210

6.The legal concept of insanity217

The insanity tests and their underlying moral bases218

Two experiments in merging legal and psychiatric definitions of mental illness224

The purposes behind a legal definition of mental illness232

Defining mental illness so as to give just deserts243

Part Ⅲ Practical reason and the unconscious249

7.Does the unconscious exist?249

The senses of unconscious revisited249

The existence of unconsciousness as a property250

The existence of the unconscious as an entity267

8.The nature of psychoanalytic explanation in terms of the unconscious281

A sketch of the psychoanalytic theory of dreams282

Motives for dreaming285

Conclusion308

9.The unconscious as the source of an increased responsibility310

Are accidents explained by unconscious mental states really actions?311

Are accidental actions explained by unconscious mental states really intentional?322

Are intentional actions explained by unconscious mental states really attempts at unconscious aims?331

Is one responsible for unconsciously acting intentionally or for acting with certain unconscious reasons?337

Persons, the unconscious, and the body348

10.The unconscious as the source of a decreased responsibility350

Do unconscious mental states diminish responsibility simply because they are causes of behavior?351

Can unconscious mental states show an apparently intentional action to be unintentional?365

The unconscious and rationality372

Unconscious mental states as compulsions374

Conclusion381

Part Ⅳ Legal persons and psychiatric subagents387

11.The unity of the self387

The psychoanalytic challenge to the unity of the self387

The psychoanalytic challenge to the unity of the self reconsidered398

The disunities of self and psychoanalytic structuralism410

Conclusion: Toward a philosophical rethinking of law and psychiatry416

The methodological thesis: the need for philosophy in law and psychiatry416

The substantive thesis: the shared view of persons in law and psychiatry423

Notes426

References495

Index514