Sexual aggression: mad, bad, and mad.
Legal institutions in the Western liberal tradition ordinarily rely primarily on the criminal justice system to address conduct by some individuals that deliberately harms other individuals. The mental health system provides an alternative institutional structure through which societies can address such harmful behavior. Those who deliberately engage in conduct that causes harm to others are traditionally addressed through either the criminal justice or mental health systems on the basis of their being categorized as either "bad or mad." This paper examines some of the relevant reasons for categorizing sexual aggression as bad or mad. It emphasizes the significance of such categorization for the broader set of legal institutions of coercive social control and for the manner in which we respond to persons within those institutions.
Schopp
Rovert F
RF
University of Nebraska, College of Law, Lincoln, Nebraska 68583-0902, USA. rschopp@unl.edu
D000374:Aggression; D003134:Commitment of Persons with Psychiatric Disorders / Q000331:legislation & jurisprudence; D003416:Criminal Law / Q000331:legislation & jurisprudence; D004645:Empathy; D006801:Humans; D008605:Mental Health Services / Q000331:legislation & jurisprudence; D011678:Punishment; D012742:Sex Offenses / Q000331:legislation & jurisprudence*; D012926:Social Control, Formal; D012938:Social Perception; D014481:United States