Skålevåg, S.A.
The irresponsible criminal in Norwegian medico-legal discourse
(2014) International Journal of Law and Psychiatry, 37 (1), pp. 82-90.
Abstract
This article discusses discourses on criminal responsibility in Norway in the 19th and 20th centuries, in light of Michel Foucault’s regimes of power and knowledge: the apparatuses of law, discipline and security. The passing of two criminal codes, in 1842 and 1902 marks a development from neo-classical law to a law influenced by positivist criminology. In these consecutive ways of thinking law, the figure of the irresponsible criminal constituted a contentious issue. From being a figure marking the limits of the law, the irresponsible criminal became an object to be disciplined and a security threat. This redefinition of criminal responsibility created or was created by new groups of experts speaking from positions increasingly close to the criminals. The most important professional group was of course the psychiatrists, that emerged in Norway as a distinct professional group in the second half of the 19th century, and whose influence in the legislative process culminated in the 1920s. © 2013 Elsevier Ltd.
Author Keywords
Criminal law; Criminal responsibility; Forensic psychiatry; History; Norway
Index Keywords
article, criminal justice, criminal law, criminology, forensic psychiatry, government, history of medicine, medicolegal aspect, mental health, Norway, political system, psychiatrist, war
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