Jump to ContentJump to Main Navigation
Citizen SubjectFoundations for Philosophical Anthropology$
Users without a subscription are not able to see the full content.

Étienne Balibar

Print publication date: 2016

Print ISBN-13: 9780823273607

Published to Fordham Scholarship Online: May 2017

DOI: 10.5422/fordham/9780823273607.001.0001

Show Summary Details
Page of

PRINTED FROM FORDHAM SCHOLARSHIP ONLINE (www.fordham.universitypressscholarship.com). (c) Copyright Fordham University Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in FSO for personal use.date: 25 May 2022

Private Crime, Public Madness

Private Crime, Public Madness

(p.213) Eleven: Private Crime, Public Madness
Citizen Subject

Étienne Balibar

, Steven Miller
Fordham University Press

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

Fordham Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .