University of Pennsylvania Carey Law School Penn Law: Legal Scholarship Repository Faculty Scholarship at Penn Law 1982 Failed Explanations and Criminal Responsibility: Experts and the Unconscious Stephen J. Morse University of Pennsylvania Carey Law School Follow this and additional works at: https://scholarship.law.upenn.edu/faculty_scholarship Part of the Behavior and Behavior Mechanisms Commons, Criminal Law Commons, Criminal Procedure Commons, Ethics and Political Philosophy Commons, Evidence Commons, Law and Psychology Commons, Legal History Commons, Mental Disorders Commons, Philosophy of Mind Commons, and the Psychoanalysis and Psychotherapy Commons Repository Citation Morse, Stephen J., "Failed Explanations and Criminal Responsibility: Experts and the Unconscious" (1982). Faculty Scholarship at Penn Law. 1351. https://scholarship.law.upenn.edu/faculty_scholarship/1351 This Article is brought to you for free and open access by Penn Law: Legal Scholarship Repository. It has been accepted for inclusion in Faculty Scholarship at Penn Law by an authorized administrator of Penn Law: Legal Scholarship Repository. For more information, please contact
[email protected]. FAILED EXPLANATIONS AND CRIMINAL RESPONSIBILITY: EXPERTS AND THE UNCONSCIOUS* Stephen J. Morse** "There is no such thing as a bad boy." Fr. Edward Joseph Flanagan "Tout comprendre c'est tout pardonner." French Proverb TABLE oF CoNTENTs I. INTRODUCTION: A PROJECT FOR SciENTIFIC NlENTAL HEALTH EXPERTISE . 972 II. SUBJECTIVITY, RESPONSIBILITY AND EVIDENCE: FORMULATIONS ON THE Two THEORIES OF EXPERT TESTIMONY . 976 Ill. PSYCHODYNAMICS AND CRIMINAL LAW: THEORY AND ITS DISCONTENTS . 983 A. The Appeal of Theoretical Romances . 985 B. Does Psychodynamic Psychology Provide a Valid Causal Account of Human Behavior? Science and Its Vicissitudes . 991 * Copyright © 1982 by Stephen J.