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Full Idea
Human laws do not punish the mad man for the sober man's actions, nor the sober man for what the mad man did, thereby making them two persons.
Gist of Idea
Someone mad then sane is two persons, judging by our laws and punishments
Source
John Locke (Essay Conc Human Understanding (2nd Ed) [1694], 2.27.20)
Book Ref
Locke,John: 'Essay Concerning Human Understanding', ed/tr. Nidditch,P.H. [OUP 1979], p.342
A Reaction
This may be a misinterpretation by Locke; the punishments may be based on the likelihood of the behaviour recurring, rather than on whether it is the same person. I may judge the madman as guilty of the sane action, but think punishment is pointless.
1381 | Someone mad then sane is two persons, judging by our laws and punishments [Locke] |
1385 | 'Person' is a term used about responsibility, involving law, and happiness and misery [Locke] |
1359 | Personal identity is the basis of all rights, obligations and responsibility [Reid] |
3823 | Being held responsible for past actions makes no sense without personal identity [Searle] |
4272 | Our concept of a person is derived from Roman law [Scruton] |