CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Wednesday, March 7, 2018

Garvey on Agency and Insanity

Garvey-StephenStephen P. Garvey (Cornell Law School) has posted Agency and Insanity (Buffalo Law Review Vol. 66, 2018) on SSRN. Here is the abstract:
This Article offers an unorthodox theory of insanity. According to the traditional theory, insanity is a cognitive or volitional incapacity arising from a mental disease or defect. As an alternative to the traditional theory, some commentators have proposed that insanity is an especially debilitating form of irrationality. Each of these theories faces fair-minded objections. In contrast to these theories, this Article proposes that a person is insane if and because he lacks a sense of agency. The theory of insanity it defends might therefore be called the lost-agency theory. 

According to the lost-agency theory, a person lacks a sense of agency when he experiences his mind and body moving but doesn’t experience himself as the author or agent of those movements. The title character in the movie Dr. Strangelove suffered from what’s known as alien hand syndrome. People suffering from this syndrome experience the moving hand as their hand but don’t experience themselves as the author or agent of its movements. The lost-agency theory portrays insanity as alien hand syndrome writ large. The insane actor is like someone possessed by an alien self. He’s not in charge of his mind or body when he commits the crime.

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