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Madness, Malingering &  Malfeasance: The Transformation of Psychiatry and the Law in the Civil War Era
 
 
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Madness, Malingering & Malfeasance: The Transformation of Psychiatry and the Law in the Civil War Era [Hardcover]

R. Gregory Lande (Author)
3.7 out of 5 stars  See all reviews (6 customer reviews)


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Book Description

July 10, 2003
Madness, Malingering, and Malfeasance is a groundbreaking study that clearly describes the development of medical and legal practices provoked by the turmoil of the American Civil War. Citing numerous period documents, R. Gregory Lande shatters the romantic myth that all Civil War soldiers were men of honor. He demonstrates that underneath the veneer of Victorian respectability and its accompanying moral code, men suffered frequent breakdowns under the pressures of war. Lande exposes numerous acts of insubordination, alcohol abuse, desertion, and violent crimes against fellow soldiers and civilians. Courts-martial determined the punishment for such transgressions.

Lande convincingly demonstrates that the scientific understanding of mental illness and substance abuse was in its infancy during the mid-nineteenth century. This medical ignorance, combined with the numerous limitations of military law in that era, prevented accused soldiers from receiving what we, by today’s standards, would consider a fair trial. While the requirements of military law have always differed from those of civilian law, Civil War soldiers did not have access to legal counsel unless they could afford to hire a lawyer themselves. During hostilities, treatment of the sick and due process of law were considered subordinate to the war’s prosecution. The sad result was that many mentally ill, incompetent, and poor men were imprisoned or put to death. Though a more sophisticated understanding of mental illness and substance abuse developed after the war, it would take many years for American society to reform the treatment of those deemed “criminally insane.”

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About the Author

R. Gregory Lande, D.O., F.A.C.N., is the deputy and director of professional services of William S. Hall Psychiatric Institute in Columbia, SC. A retired Army colonel, Lande was the director and developer of the U.S. military forensic psychiatry training program. He is the author and editor of numerous articles and books in the medical-legal literature, including The Principles and Practice of Military Forensic Psychiatry.

Product Details

  • Hardcover: 256 pages
  • Publisher: Potomac Books Inc.; 1 edition (July 10, 2003)
  • Language: English
  • ISBN-10: 1574883526
  • ISBN-13: 978-1574883527
  • Product Dimensions: 9.2 x 6.4 x 0.8 inches
  • Shipping Weight: 1 pounds
  • Average Customer Review: 3.7 out of 5 stars  See all reviews (6 customer reviews)
  • Amazon Best Sellers Rank: #1,146,070 in Books (See Top 100 in Books)

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6 Reviews
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6 of 6 people found the following review helpful:
4.0 out of 5 stars American Civil War Psychiatry, August 1, 2003
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This review is from: Madness, Malingering & Malfeasance: The Transformation of Psychiatry and the Law in the Civil War Era (Hardcover)
Madness, Malingering and Malfeasance: Transformation of Psychiatry and the Law in the Civil War Era by R. Gregory Lande (Brassey's) describes the struggle of the medical and legal professions and the US. government to cope with insubordination, substance abuse, and crime in the Civil Warera military
During the American Civil War, as in all wars, soldiers were wounded not just physically but emotionally as well. Good men traumatized by the violence of war were sometimes driven to their mental limits, while criminals and troubled individuals who had joined the ranks of the citizen armies found themselves in a more rigid environment in which to commit their transgressions. In the Civil War military, justice was swift and harsh and forgiveness difficult to come by. Citing numerous period documents, Dr. Lande demonstrates that the scientific understanding of mental illness and substance abuse was in its infancy during the mid-nineteenth century. He chronicles cases in which soldiers' mental afflictions or problems with severe alcohol abuse contributed to their misconduct, soldiers such as Leroy Shear, a.k.a.. "Lorenzo Stewart," whose arrest after deserting from two different Union units resulted in an even more serious crime.
Once charged with disobeying orders or committing a crime, soldiers faced an uncertain fate. While the requirements of military law have always differed from those of civilian law, Civil War troops did not have access to legal counsel unless they could afford to hire a lawyer themselves. The sad result was that many mentally ill, incompetent, and poor men were imprisoned for long periods or even put to death. Though a more sophisticated understanding of mental illness and substance abuse developed after the war in the emerging field of forensic psychiatry, it would take many years for American society to reform the treatment of those deemed "criminally insane."
Madness, Malingering and Malfeasance shows that the effects of war unfolded in numerous compelling, tragic, and shocking events beyond the battlefield. It is an important contribution to the growing literature on the medical-legal aspects of the Civil War era.
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4 of 4 people found the following review helpful:
5.0 out of 5 stars A work of considerable and original Civil War research, September 19, 2003
This review is from: Madness, Malingering & Malfeasance: The Transformation of Psychiatry and the Law in the Civil War Era (Hardcover)
A work of considerable and original Civil War research by R. Gregory Lande (Director of Professional Services of the William S. Hall Psychiatric Institute, Columbia, South Carolina), Madness, Malingering & Malfeasance: The Transformation Of Psychiatry And The Law In The Civil War Era is a sophisticated and original study of how the medical and legal professions and the American government struggled to contain military insubordination, substance abuse, and crime in the Civil War era. From the law's viewpoint of alcohol use; to life in Civil War era prison; to effective and unsuccessful strategies of treatment and control; as well as commentary on what today's medical and legal professionals can learn from them, Madness, Malingering & Malfeasance is a unique and very highly recommended addition Civil War Studies reading lists and reference collections.
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2 of 3 people found the following review helpful:
3.0 out of 5 stars Interesting & refreshing book from a Civil War non-expert, August 12, 2006
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Dennis Brandt (Red Lion, PA United States) - See all my reviews
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This review is from: Madness, Malingering & Malfeasance: The Transformation of Psychiatry and the Law in the Civil War Era (Hardcover)
With some 60,000 books on the Civil War, here is one that delves into a relatively untouched area. Although some of what R. Gregory Lande covers has been revealed by Thomas Lowry and touched on briefly by the likes of James McPherson and Earl J. Hess, none has put them all together.

Strangely, though, Lande, a retired colonel, did not bother to educate himself on the Civil War military. For example, he refers to units such as the "14th Cavalry." The 14th WHAT cavalry? It matters. He uses anachronisms such as "AWOL." Surprisingly, he expresses amazement that young, strong recruits were rejected "just" because they had no teeth, apparently unaware that men had to BITE open a charge to load their weapons. I also disagree that the 19th century military court-martial allowed attorneys to speak for their clients. They did not. Stephen Benet's Treatise on Military Law makes that clear. Defendents could have an attorney present only in an advisory role (amicus curiae - friend of the court) and had to write down the questions to be read by the judge-advocate.

The book is an easy read, although his writing often resembles a report for the record, which, of course, is exactly what he did for years. Attempts at turning a phrase come off as clumsy, and the use of too many short sentences makes his writing a choppy ride. Granted that writing all long sentences is worse (and a baneful habit of many academics), but mix it up, Doc. You're wearing civvies now. None of these shortcomings is severe enough to prevent you from reading what is an interesting, revealing book.
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Inside This Book (learn more)
First Sentence:
During the Civil War the sounds of battle masked a different struggle. Read the first page
Key Phrases - Capitalized Phrases (CAPs): (learn more)
Private Stewart, Civil War, New York, Government Hospital, Private Wert, President Lincoln, Colonel Weer, Captain Lee, Private Lynch, Sanitary Commission, Sergeant Haugh, Sergeant Sperry, Captain Brooks, Elmira Daily Gazette, Lieutenant Gray, Private Baker, Sergeant Nood, Old Capitol Prison, Private Holt, Lorenzo Stewart, Union Army, Captain Reynolds, Major Stephens, Sergeant Elkins, Sergeant Philhrooks
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