The origin and development of the moral ideasWestermarck, Edward
Philosophy
The origin and development of the moral ideas
Westermarck, Edward
Ethics; Ethics -- History; Prehistoric peoples
influence of insane impulses; but with this subject we are not
concerned at present. In this connection my object has been merely to
show that the irresponsibility of the insane, in so far as it depends
on intellectual derangement, has been generally recognised in
proportion as their intellectual derangement has been recognised, and
that the exceptions to this rule are explicable from beliefs which,
though materially affecting the treatment of the insane, have no
reference to the principle of responsibility itself.
[Footnote 177: Howell, _Collection of State Trials_, xvi. 765.]
[Footnote 178: Harris, _Principles of the Criminal Law_, p. 18. Kenny,
_op. cit._ p. 53.]
[Footnote 179: Clark and Finnelly, _Reports of Cases decided in the
House of Lords_, x. 202.]
[Footnote 180: _Ibid._ x. 211.]
[Footnote 181: Maudsley, _op. cit._ p. 97.]
[Footnote 182: Griesinger, _Mental Pathology and Therapeutics_, p. 72
_sq._ Maudsley, _op. cit._ p. 96.]
* * * * *
There are temporary states of mind in which the agent no more knows
what he is doing than an idiot or a madman, such as somnambulism,
narcosis, fury. For these states, of course, the rule holds good, that
nobody is responsible for what he does in ignorance, although he may
be responsible for his ignorance. Responsibility in connection with
anger and rage will be more appropriately dealt with in another place.
I shall here restrict myself to the case of drunkenness.
A person is irresponsible, or only partly responsible, for what he
does when drunk, according as he is ignorant of the nature of his act,
as also in so far as the intoxicant contributed to the rise of some
powerful impulse which determined his will. If he commits an offence
in a state of extreme intoxication, he can reasonably be blamed only
for what he did when sober. If he made himself drunk for the purpose
of committing the offence, then the offence is intended, and he is
equally responsible for his act as if he had accomplished it
straightway. If he became intoxicated without any fault of his, for
instance, if he did not know, and could not know, the intoxicating
quality of the liquor which made him drunk, he is free from blame. But
in other cases he is guilty of heedlessness, or rashness, or, if he
foresaw the danger, of blamable indifference to {278} the probable
consequences of his act. This is the clear theory of the question. But
we cannot expect to find it accurately expressed in practice.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account