A Narrow Definition of Insanity Opined by Medical Experts in the Oliver Smith Will Case in 1847

Jeremia Heinik and Kenneth I. Shulman

SAGE Open, 2011, vol. 1, issue 3, 2158244011431738

Abstract: Physicians specializing in the diagnosis and treatment of insane people (alienists) emerged in the early 19th century and offered their expertise for the courts to consider in judgments of mental competence. In the Oliver Smith will case (1847), the competency of an attesting witness was contested on the issue of insanity. Four well-known alienists testified at trial. Although the insanity of the witness could have been viewed in broader terms, the experts used a narrow definition of insanity based primarily on the presence of delusions. These opinions were only partially consistent with contemporaneous medical notions of insanity and the broad definition of criminal responsibility. We suggest three explanatory factors for the narrow definition related to available medical knowledge, courtroom restrictions including the case itself, and mid-19th-century relationships between mental medicine and the law.

Keywords: 19th century; insanity; competency to attest a will; Oliver Smith; Theophilus Parsons Phelps (search for similar items in EconPapers)
Date: 2011
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Persistent link: https://EconPapers.repec.org/RePEc:sae:sagope:v:1:y:2011:i:3:p:2158244011431738

DOI: 10.1177/2158244011431738

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