The most serious and repeated difficulties in regard to lunatic
asylums spring from the very principles of the defensive function
of society.
It is said in the first place that the author of a dangerous
action is either a madman or else a criminal. If he is a madman,
he has nothing to do with penal justice--so Fabret, Mendel, and
others have said; his action is not a crime, for he had no
control over himself, and he ought to go to an ordinary
asylum, special measures being taken for him, as for every other
dangerous madman. Or else he is a criminal, and then he has
nothing to do with a lunatic asylum, and he ought to go to prison.
But there is a fallacy in this dilemma, for it leaves out the
intermediate cases and types, where particular individuals are at
the same time mad and criminal. And even if it were a question of
madmen only, the logical consequence would not be to bar out
special asylums, for it seems clear that if ordinary madmen (not
criminals, that is, not the authors of dangerous actions) ought to
go to an ordinary asylum, criminal madmen, or madmen with a
tendency to commit dangerous or criminal actions, as well as those
who have committed them, ought to go to a special asylum for this
category of madmen.
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