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Full-Text Articles in Neurosciences
Mental Disorders, The Positivity Effect, And Questions Of Identity And Responsibility, Liam Jones
Mental Disorders, The Positivity Effect, And Questions Of Identity And Responsibility, Liam Jones
Pitzer Senior Theses
In order to judge how behavior caused by the positivity effect should be considered, comparisons were made between the positivity effect and two mental disorders. These disorders, Tourette’s syndrome and psychopathy, were selected due to their extreme differences in what Strawsonian attitudes they inspire and how they are perceived relative to disordered patients’ will. Disorder-affected behavior of Tourette’s patients inspires the objective attitude and is seen as a condition affecting an individual’s will, while disorder-affected behavior of psychopaths inspires the interpersonal attitude and is seen as a character trait. Relevant distinctions between psychopathy and Tourette’s syndrome were found to include …
The Uneasy Entente Between Legal Insanity And Mens Rea: Beyond Clark V. Arizona, Stephen J. Morse, Morris B. Hoffman
The Uneasy Entente Between Legal Insanity And Mens Rea: Beyond Clark V. Arizona, Stephen J. Morse, Morris B. Hoffman
All Faculty Scholarship
There is uneasy tension in the criminal law between the doctrines of mens rea and the defense of legal insanity. Last term, the Supreme Court addressed both these issues, but failed to clarify the relation between them. Using a wide range of interdisciplinary materials, this article discusses the broad doctrinal, theoretical, and normative issues concerning responsibility that arise in this context. We clarify the meaning of mental disorder, mens rea and legal insanity, the justification for and the relation between the latter two, and the relation among all three. Next we consider the reasoning in Clark, and for the most …