How the Supreme Court Lost its Reason
5 Pages Posted: 18 Jun 2020
Date Written: May 24, 2020
This is a short essay on the U.S. Supreme Court's opinion in Kahler v. Kansas, in which the Court held that the right/wrong M'Naghten test of insanity is insufficiently fundamental to be required by Due Process. I argue that the holding is, in part, the symptom of a deep and pernicious positivism and moral cynicism that is itself a kind of "not knowing" of the difference between right and wrong.
Keywords: M'Naghten, insanity, positivism, moral skepticism, supreme court, criminal law, due process
JEL Classification: K10
Suggested Citation: Suggested Citation