Le recours à l’expertise psychiatrique dans les juridictions ecclésiastiques (1850-1930)
Ecclesiastical courts, like civil courts, call on psychiatric expertise in criminal trials, especially where spouses are involved. Judges seek expert advice in determining whether one of the parties, presumably mentally deficient (furiosus), was competent to consent to, and take on, the obligations...
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| Format: | Article |
| Language: | fra |
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L’Harmattan
2010-12-01
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| Series: | Droit et Cultures |
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| Online Access: | http://journals.openedition.org/droitcultures/2256 |
| Summary: | Ecclesiastical courts, like civil courts, call on psychiatric expertise in criminal trials, especially where spouses are involved. Judges seek expert advice in determining whether one of the parties, presumably mentally deficient (furiosus), was competent to consent to, and take on, the obligations of marriage. We review cases in which ecclesiastical courts resorted to psychiatric and even gynecological expertise. Next, we consider both doctrine and jurisprudence concerning the question of madness and sexual psychopathology (as was deemed homosexuality) in the nullification procedure, mainly during the first half of the twentieth century. |
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| ISSN: | 0247-9788 2109-9421 |