The Medicolegal Implications of the Terms ‘Psychopath’, ‘Psychopathic Personality’ and ‘Psychopathic Disorder’

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Abstract
The difficulty in diagnosing various types of personality is considerable. What are the dividing lines between the so-called ‘ordinary personality’, ‘trend disturbances of personality’, ‘trait disorders of personality’ and ‘psychopathic disorders of personality’. There are no border lines and the qualities of one may shade into those of another. From the medicolegal point of view, however, it is obviously essential to determine which disorders of personality, if any, make sufferers not legally fully responsible for their actions. It is evident that only psychopathic disorders qualify for legal disposals that recognize their lack of legal responsibility to one degree or another. On the other hand, the latitude of interpretation of this diagnosis since it was recognized legally in the Mental Health Act 1959, has led to its use in the courts being in many cases of nebulous and doubtful value. If the conception of this entity is not to be abolished altogether there will in my estimation have to be a more exclusive and narrow meaning signified by psychopathic disorder and this article presents provocative suggestions how this may be achieved as well as a precise description of all aspects of psychopathy. The snags and illusions which have so far resulted in the mêlée of opinion regarding the whole of this matter and the influence this has had on the custodial and therapeutic disposal of this group of antisocial offenders and criminals will be discussed in a further article to be published in a subsequent issue of this journal.

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