Herbert Fingarette

(1921 - 2018)

This paper attempts to set forth, in the context of Anglo-U.S. criminal law, the meaning of the concept of insanity, its necessary relation to absence of responsibility, and its bearing on some relevant psychiatric concepts and legal controversies. Irrationality is a distinctive and necessary (but not sufficient) condition for insanity. Irrationality consists in failure even to grasp the relevance of what is 'essentially' relevant. To that extent there obviously can be no responsibility. A mental makeup which renders one (who would not normally be so) substantially incapable of rational conduct constitutes insanity, and in that respect renders the person non-responsible. Much more broadly and roughly speaking, the mind that is ill is the mind that is irrational (and hence in that respect non-responsible).

Herbert Fingarett's achievements range from his assault upon the misconceived 'disease theory' of alchoholism, through social philosophy, philosophy of law, and philosophical psychology, to Chinese studies and Confucian thought. Fingarette's major works include 'The Self in Transformation' (1963), 'Self-Deception' (1969), 'Confucius---The Secular as Sacred' (1972), and 'The Meaning of Criminal Insanity' (1972). His Book, 'Heavy Drinking: The Myth of Alchoholism as a Disease' (1988), transformed the public debate on alchohol treatment and made Fingarette the target of an intense barrage of abuse and vituperation from entrepreneurs in the alchohol-treatment industry. 'Rules, Rituals, and Responsibilities' contains Fingarette's intellectual autobiography, nine papers by leading scholars on different aspects of Fingarette's thought, and Fingarette's response to each of these papers.