Pyromania in court: Legal insanity versus culpability in Western Europe and the Netherlands (1800–1950)

Abstract

This article provides an overview of medico-legal views concerning pathological firesetting in Western Europe and the Netherlands in the period 1800–1950. This article aims to answer the question how changing views on firesetting as either a culpable act or an excusable expression of pathology have influenced the actual court decisions over time. The focus will be on the notion of pyromania and its implications on criminal responsibility and relevant developments concerning pathological firesetting are placed in a judicial context. In particular, the legal effects of changing views on firesetting as either pathological or punishable are discussed and illustrated by relevant Dutch court cases. Results show a pendulum movement that can be linked to changing medico-legal views. In the first half of the nineteenth century pyromania flourished and the pathology of firesetters was emphasized, leading to a focus on treatment instead of punishment. In the second half of that century the diagnosis of pyromania was questioned and focus shifted to the punishability of firesetters. In the first half of the twentieth century the pendulum seemed to stabilize with (partially) insane firesetters oftentimes receiving punishment as well as treatment.