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The Impact of Legal Modes of Thought upon the Practice of Psychiatry

Published online by Cambridge University Press:  29 January 2018

John Wood
John Wood*
Affiliation:
University of Sheffield, Crookesmoor Building, Sheffield, S10 2TN
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Extract

Almost invariably, a professional man becomes the captive of his chosen profession. His training and his subsequent experience in practice leave an indelible mark. It is often said that married couples grow to look like each other, and in extreme cases like their dogs. So lawyers, accountants, bank managers, doctors and perhaps even psychiatrists appear to take on a stereotyped form. The cartoonist spots the uniform clothes, the rimless glasses or the mid-European accent, as the trade mark of the particular profession. But more crucially there is also the growth of stereotyped modes of thought, of common assumptions and traditional patterns of argument which are to a large extent subconscious and so more likely to pass unnoticed.

Type
Lecture
Information
The British Journal of Psychiatry , Volume 140 , Issue 6 , June 1982 , pp. 551 - 557
Copyright
Copyright © Royal College of Psychiatrists, 1982 

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References

Footnotes and References

1 There is an interesting, full study of M'Naughten (1977) Daniel McNaughten, His Trial and the Aftermath, (eds. West, Donald J. and Walk, Alexander). Gaskell (Royal College of Psychiatrists). Ashford: Headley Brothers Google Scholar
There is, for collectors of curiosities, a reported case on how to spell M'Naughten (sic)—see Pigney v. Pointers' Transport Services Ltd [1957] 1 W.L.R. 1121 a civil case of damages for negligence.Google Scholar
2 The concept was basically rejected in M'Naughton insanity—Att. Gen. for South Australia v. Brown [1960] A.C. 432, but accepted in diminished responsibility, R. v. Byrne [1960] 2 Q.B. 396.Google Scholar
3 For an excellent analysis of sentencing policy see Principles of Sentencing, D. A. Thomas, 2nd Ed. 1979.Google Scholar
4 Created Criminal Justice Act 1948, s.21—abolished Criminal Justice Act 1967, s.37 (1).Google Scholar
5 Created Criminal Justice Act 1967, s.37 (2).Google Scholar
6 Recent useful tables are to be found in the White Paper—Reform of Mental Health Legislation, Nov 1981, Cmnd 8405.Google Scholar
7 Psychiatry in Dissent, (1976). By Clare, Anthony, p 2. London: Tavistock Google Scholar
8 The Myth of Mental Illness, (1974). By Szasz, T. S. Google Scholar
9 Report of the Committee on Mentally Abnormal Offenders, Oct 1975, Cmnd 6244, Ch 5, Psychopaths. London: HMSO Google Scholar
10 Reported cases tend to be those of unusual difficulty, thus giving a false impression of normal working.Google Scholar
11 The Trial at Derby Assizes of Dr L. Arthur for murder of a baby born with Down's Syndrome—he was acquitted.Google Scholar
12 [1962] 1 W.L.R. 680. See also R. v. Turner [1975] Q.B. 824. There is a recent survey of the law in this—Psychiatric Evidence, Alex Samuels [1981] Crim L.R. 762.Google Scholar
13 The so called ‘Yorkshire Ripper’ case. The content and handling of the psychiatric evidence will repay careful analysis.Google Scholar
14 [1957] 1 Q.B. 399.Google Scholar
15 [1973] Q.B. 910.Google Scholar
16 W v. L [1973] 3 W.L.R. 859 at p 865.Google Scholar
17 Volume 2, 1977 deals with offenders.Google Scholar
18 Published in The Listener but also incorporated as Chapter 5 (pp 99–115) of the book of the lectures—The Unmasking of Medicine, (1981). Kennedy, Ian. London: Allen & Unwin Google Scholar
19 Ch 5, see f.n. 9 above.Google Scholar
20 Published 10 November 1981.Google Scholar
21 Runs through the new provisions, e.g. Clause 4 and especially Cause 34.Google Scholar
22 Clause 44(2).Google Scholar
23 See MIND's submission in reply to the green paper on reform of the Mental Health Act in 1976.Google Scholar
24 Cause 3.Google Scholar
25 To be renamed ‘for assessment’.Google Scholar
26 The Mental Health Act Commission (Clause 42(1)) has a general supervising role and some statutory control is set out in Clause 38.Google Scholar
27 Sec f.n. 10.Google Scholar
28 Report of the Review of Rampton Hospital, Nov 1980, Cmnd 8073. London: HMSO Google Scholar
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