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Chapter 4 - Judging by Intentions

Published online by Cambridge University Press:  24 April 2026

Philippa Carter
Affiliation:
University of Cambridge
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Summary

Turning from the pulpit to the courtroom, Chapter 4 demonstrates the centrality of frenzy to what would later come to be termed the ‘insanity defence’. The English common law had its own framework for classifying mental illness, one which ran parallel to the medical nosologies explored in Chapter 1. This chapter explores the different categories of ‘madness’ recognizsed by early modern common lawyers – partial versus total, continual versus intermittent – and shows where frenzy fitted within this framework. It then turns to look at how these theories were mobilized in a specific legal context: coroners’ inquests into unexplained drownings. Where suicide was suspected, it argues, a story about frenzy – told right – offered an escape route for suspects and their families. Crucial, here, was the issue of culpability: frantic persons could not be held accountable for what they did while their wits were impaired. Without the capacity for consent, crime was impossible.

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  • Judging by Intentions
  • Philippa Carter, University of Cambridge
  • Book: Frenzy in Early Modern England
  • Online publication: 24 April 2026
  • Chapter DOI: https://doi.org/10.1017/9781009703697.005
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  • Judging by Intentions
  • Philippa Carter, University of Cambridge
  • Book: Frenzy in Early Modern England
  • Online publication: 24 April 2026
  • Chapter DOI: https://doi.org/10.1017/9781009703697.005
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Judging by Intentions
  • Philippa Carter, University of Cambridge
  • Book: Frenzy in Early Modern England
  • Online publication: 24 April 2026
  • Chapter DOI: https://doi.org/10.1017/9781009703697.005
Available formats
×