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Citizen SubjectFoundations for Philosophical Anthropology$
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Étienne Balibar

Print publication date: 2016

Print ISBN-13: 9780823273607

Published to Fordham Scholarship Online: May 2017

DOI: 10.5422/fordham/9780823273607.001.0001

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Private Crime, Public Madness

Private Crime, Public Madness

Chapter:
(p.213) Eleven: Private Crime, Public Madness
Source:
Citizen Subject
Author(s):

Étienne Balibar

, Steven Miller
Publisher:
Fordham University Press
DOI:10.5422/fordham/9780823273607.003.0014

This chapter attempts to clarify the questions raised by the relations between madness and justice, with reference to the heritage of the French Revolution. It also assesses the distinction between crime and madness and their respective treatments in public and private spheres. Indeed, what prompts current discussions on the function of the psychiatrist in the courtroom or on the role of judgments of civil capacity in the treatment of mental illness, is yet again the perspective offered by the reframing of the Penal Code (including the famous Article 64, which makes “insanity”—or, in the more recent version, “psychic or neuro-psychic disturbance”—into the principal operator of the nullification of a crime or a delict, either in its juridical reality or in its penal consequences).

Keywords:   madness, justice, French Revolution, private crime, public madness, crime, psychiatry, mental illness, insanity, psychic or neuro-psychic disturbance

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