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Madness and Crime: A Non-Western Historical Perspective.

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Summary

The insanity defense, often linked to ancient Greece, also has roots in ancient India. Historical texts suggest ancient Indian law recognized diminished responsibility for criminal acts committed by the insane.

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Area of Science:

  • Legal History
  • Philosophy of Law
  • Medical History

Background:

  • The concept of the insanity defense is widely attributed to ancient Greek philosophy, with mentions in classical texts.
  • Limited scholarly attention has been given to non-Western perspectives on the legal treatment of individuals with mental disorders who commit crimes.

Observation:

  • This study investigates the historical understanding and legal treatment of mental illness and criminal responsibility in ancient India.
  • The research draws upon a review of available medical texts and Sanskrit literature from the period.

Findings:

  • Evidence suggests that the principle of excusing criminal acts due to insanity was present in ancient Indian legal and medical thought.
  • The concept of diminished responsibility for the insane was a recognized notion during this historical epoch.

Implications:

  • This research expands the historical understanding of the insanity defense beyond Western traditions.
  • It highlights the need for further exploration of diverse cultural perspectives on mental health and legal accountability.