Citation

Skålevåg SA. Int. J. Law Psychiatry 2014; 37(1): 82-90.

Affiliation

Department of Archaeology, History, Cultural studies and Religion, University of Bergen, Postboks 7805, NO-5020 Bergen, Norway. Electronic address: Svein.skalevag@ahkr.uib.no.

Copyright

(Copyright © 2014, Elsevier Publishing)

DOI

10.1016/j.ijlp.2013.09.008

PMID

24145064

Abstract

This article discusses discourses on criminal responsibility in Norway in the 19th and 20th centuries, in light of Michel Foucault's regimes of power and knowledge: the apparatuses of law, discipline and security. The passing of two criminal codes, in 1842 and 1902 marks a development from neo-classical law to a law influenced by positivist criminology. In these consecutive ways of thinking law, the figure of the irresponsible criminal constituted a contentious issue. From being a figure marking the limits of the law, the irresponsible criminal became an object to be disciplined and a security threat. This redefinition of criminal responsibility created or was created by new groups of experts speaking from positions increasingly close to the criminals. The most important professional group was of course the psychiatrists, that emerged in Norway as a distinct professional group in the second half of the 19th century, and whose influence in the legislative process culminated in the 1920s.

Language: en