Psychopathy, Sexuality, and the Rise of Medico-Legal Reasoning
The Ungovernable Citizen: Psychopathy, Sexuality, and the Rise of Medico-Legal Reasoning Susan R. Schmeiser* There is likewise a form of mental derangement in which the intellectual faculties appear to have sustained little or no injury, while the disorder is manifested principally or alone, in the state of feelings, temper, or habits. In cases of this nature, the moral and active principles of the mind are strangely perverted or depraved; the power of self-government is lost or greatly impaired; and the individual is found to be incapable, not of talking or reasoning on any subject proposed to him ... but of conducting himself with decency and propriety in the business of his life. -J.C. Prichard' It is necessary here to impress the fact that the true sexual pervert is not a master of his will .... 2 -Alfred W. Herzog I. GOVERNING THE UNGOVERNABLE While law and the behavioral sciences operate on generally disparate, and often incommensurable, assumptions about human character, they have found occasions for collaboration nonetheless. One such occasion arose in the middle decades of the twentieth century around the problem of * Associate Professor, University of Connecticut School of Law. I am grateful to the many friends and colleagues who contributed valuable insights as this project evolved, including Paul Schiff Berman, Anne Dailey, Bill Eskridge, Carolyn Grose, Melanie Khanna, Ellen Rooney and Vicki Schultz. My argument benefited considerably from Kim Leighton's astute engagement. Teresa Alutto, Emily Gallas, Sara Gogal, and Sarah Lisitano assisted ably with various portions of the research. I also want to thank participants in the University of Connecticut School of Law Faculty Workshop, the Cardozo School of Law School Junior Faculty Workshop, and the Hofstra Schol of Law Symposium on Law and Sexuality, whose careful consideration of my project brought many aspects of it into sharper relief.
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