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Extra info for Detail Annual (vol. 3)
It is thus not surprising that a test should have evolved which combined this conception of mental illness - as delusion - with the long-existing moral paradigm that ignorance was an excuse. While the old language about moral knowledge was retained, the rationale for the language was forgotten; as transformed by the M'Naghten rules, the knowledge required was not the general knowledge that was the measure of when a child or an insane person has the mental maturity to be treated as a responsible agent, but was rather the knowledge relevant to determining whether one could avail oneself of the traditional excuse of 32 MICHAEL S.
1976, 'Countering Physicalistic Reduction', Journal for the Theory of Social Behavior 6, 5-19. 23. : 1976, 'Robust Relativism', Journal of Aesthetics and Art Criticism 35, 21. 37-46. 24. : 1976, 'The Concept of Disease', The Journal of Medicine and Philoso- phy 1,238-255. 25. : 1977, 'The Ontological Peculiarity of Works of Art', The Journal of Aesthetics and Art Criticism 36,45-50. : 1978, Persons and Minds: The Prospects of Nonreductive Materialism, D. Reidel Pub!. , Dordrecht, Holland. 27.
Unwittingly the Durham court followed in the steps of the New Hampshire court, both in relYing initially on a medical conception of mental illness and in accepting the seeming consequence of that conception; namely, that causation was the real issue involved in the insanity defense. Each aspect of the court's reliance on the psychiatric paradigm of mental illness is pursued separately below. 1. Defining Mental Disease Durham was decided explicitly to facilitate psychiatrists in placing their knowledge before the court, which they felt they could not do under the M'Naghten test.
Detail Annual (vol. 3) by J.Kwang