Abstract

This paper examines the generally accepted belief that the English physician, J. C. Prichard, under the heading of “moral insanity”, gave the first description of psychopathic disorder (sociopathy). The historical evidence indicates quite clearly that Prichard was using the term “moral” to denote affective disorder and not antisocial or unethical behaviour. Despite this, lawyers and doctors of the 19th century believed that he was describing persons whose illness was shown by persistent immoral acts and behaviour. The subsequent controversy has been traced out and the manner in which this has influenced current legal and forensic thought on psychopathic offenders is described. It is suggested that in order to clarify our thinking about this issue it is necessary to delete references to Prichard's moral insanity concept when psychopathic disorder is being considered; and that jurists should understand that moral insanity, with all its legal implications, has nothing to do with present-day concepts of psychopathic disorder.

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