Madness on trial : a transatlantic history of English civil law and lunacy

This book reinterprets the history of madness by examining the powerful influence of civil law on understandings of and responses to madness in England and in the North American territory of New Jersey. The influence of civil law on the history of madness has not hitherto been a topic of major academic investigation. Lunacy investigation law (that body of laws encompassing trials in lunacy, chancery court proceedings, proceedings in guardianship and trials of traverse) had its origins in fourteenth-century England. By the eighteenth century, English architects of the civil law had developed a sophisticated legal response to those among the propertied classes who suffered from madness. Lunacy investigation law was also transported successfully along imperial pathways and built into the legal frameworks of several colonies, including New Jersey. In New Jersey a rare and extensive collection of lunacy trials are explored to uncover how customary understandings of and responses to madness were tightly connected to the structures of civil law. The richness of these legal documents allows for an assessment of how civil law, customary responses and institutional alternatives to caring for the mad were balanced in this North American setting before and during the asylum era. Through its analysis of historical precedent, the book also offers insights into on-going contemporary concerns about mental capacity and guardianship. This book examines the powerful influence of civil law on understandings and responses to madness in England and in New Jersey. The influence of civil law on the history of madness has not hitherto been of major academic investigation. This body of law, established and developed over a five hundred year period, greatly influenced how those from England's propertied classes understood and responded to madness. Moreover, the civil law governing the response to madness in England was successfully exported into several of its colonies, including New Jersey. Drawing on a well-preserved and rare collection of trials in lunacy in New Jersey, this book reveals the important ties of civil law, local custom and perceptions of madness in transatlantic perspectives. This book will be highly relevant to scholars interested in law, medicine, psychiatry and madness studies, as well as contemporary issues in mental capacity and guardianship Front matter Contents List of tables Acknowledgements Note on sources List of abbreviations Introduction: civil law and madness in transatlantic context Suing for a lunatic: lunacy investigation law, 1320–1890 Indefinite mental states: negotiating the legal definition of madness Trials of madness: family struggles over property in England Care and protection: managing madness in England Atlantic crossing: lunacy law as colonial inheritance Family, friends and neighbours: localising madness in New Jersey Asylum in the community: managing madness in New Jersey Orders of insanity: lunacy investigation law and the asylum reconsidered Conclusion Bibliography Index This book examines the role of civil law in determining mental capacity over a five hundred year period in England and in New Jersey.