By Reginald G. Smart, Frederick B. Glaser, Yedy Israel, Harold Kalant, Robert E. Popham, Wolfgang Schmidt (auth.)
This booklet maintains the sequence of reports of study advances first released in 1974. The editors' objective this is to offer serious and integrative reports through the world over well-known students of parts during which there was a lot contemporary study. during this job now we have been tremendously helped through the employees of Plenum Press and the Advisory Panel indexed on the entrance of this quantity. numerous participants of the Panel have retired: Dr. W.M.D. Paton, Dr. ok. Bruun, Dr. K.F. Killam, and Dr. J .R. Seeley. Dr. Klaus Makela has approved our invitation to hitch the Panel. regrettably, one member of the Panel, Professor William McGlothlin, died because of a sad coincidence. He was once a talented and delicate researcher. His paintings over a long time used to be renowned to these learning alcohol and drug difficulties. we wish to recognize his contributions to the examine Advances sequence and to the sphere regularly. The editors desire to recognize the aid of Julliana Newell Ayoub in training of this quantity. This quantity includes 3 papers by way of H. Fingarette, R. Room, and B. Kissin, on "The ailment Concept." They have been initially ready for an past quantity yet couldn't be incorporated due to scheduling difficulties. The editors, and never the authors, are accountable for this hold up. simply because they're basically philosophical and theoretical in nature they don't seem to be decreased in worth by means of the lesser variety of references to contemporary research.
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Additional resources for Research Advances in Alcohol and Drug Problems: Volume 7
Example text
It is commonly said that "drunkenness is no excuse in law" (Blackstone, IV; Fingarette and Hasse, 1979, Chap. VI; Hall, 1960, Chap. 14; La Fave and Scott, 1972; Reniger v. Fogossa, 1550), but this saying needs interpretation. Thus, contrary to what the phrase suggests, it is well established that "involuntary" drunkenness is an excuse (Fingarette and Hasse, 1979; Hale, 1778; Hall, 1960; Hassman, 1976; La Fave and Scott, 1972; Pearson's Case, 1835) and that "voluntary" drunkenness may have been so great as to preclude the defendant's having had a mental state (a "specific intent") that is an essential element of the crime alleged.
Generally, as we have already seen, the involuntariness issue is explicitly linked to the disease issue via the bridging word symptom. Excessive drinking PHILOSOPHICAL AND LEGAL ASPECTS OF ALCOHOLISM 33 is asserted to be a symptom of the disease, and this is equated with the (very different) assertion that the offending behavior when drunk is "unwilled and ungovernable" (Driver v. Hinnant, 1966). The alcoholic's drinking is explicitly contrasted with voluntary drinking (Driver v. , 1969). The medical term compulsive is also invoked, in association with symptom, thus reenforcing the suggestion of legal involuntariness (Driver v.
District o/Columbia, 1966). It was because Justice Fortas' formula in Powell amounted in substance to a new constitutional test of insanity that Justice Black opposed it (Powell v. Texas, 1968). On the other hand, it seems that if the disease concept of alcoholism were accepted such a defense ought in theory to be able to succeed. Before considering these questions directly, however, it is important to distinguish clearly between the defense which argues that the "disease of alcoholism" is a mental disease constitutive of insanity and a variety of other defenses in which the claim of alcohol pathology is the basis of a defense.