Showing posts sorted by relevance for query Automatism. Sort by date Show all posts
Showing posts sorted by relevance for query Automatism. Sort by date Show all posts

Friday, April 15, 2022

Automatism

Automatism (pronounced aw-tom-uh-tiz-um)

(1) A condition in which one is consciously or unconsciously, but involuntarily, compelled to the performance of certain acts; also called telergy.

(2) In philosophy, the doctrine that all activities of animals (or of humans and animals), are entirely controlled by physical or physiological causes in which consciousness takes no part; the doctrine that animals are automata, operating according to mechanical laws.

(3) In certain common-law jurisdictions, a defense available to the accused in certain, limited circumstances.

(4) In clinical physiology. the involuntary functioning of an organic process, especially muscular, without apparent neural stimulation.

(5) In psychology, the performance of an act or actions without the performer's awareness or conscious volition.

(6) In early-mid twentieth-century art, a method of producing pictorial art, as paintings and collages, associated chiefly with the dadaists and surrealists, in which the artist strives to allow the impulses of the unconscious to guide the hand in matters of line, color and structure without the interference of conscious choice.

1803: From the Ancient Greek automatismós (a happening of itself), the construct being automat(on) + -ism.  Automaton (ατόματον) (autómaton) as the neuter form of ατόματος (autómatos) (self moving, self willed).  The –ism suffix is ultimately either from the Ancient Greek -ισμός (-ismós), a suffix that forms abstract nouns of action, state, condition, doctrine; from stem of verbs in -ίζειν (-ízein) (whence the English -ize), or from the related suffix Ancient Greek -ισμα (-isma), which more specifically expressed a finished act or thing done.  The preferred plural form is automatisms.  The use in 1803 referenced "the doctrine that animals below man are devoid of consciousness; it was extended in 1856 to to humans in the sense of "automatic or involuntary action."

At law

Sane automatism is an infrequently used defense in law, rare because the standard of proof required is so high.  If successful, it’s an absolute defense for almost any crime, including murder, even in circumstances where the defendant is proved beyond any doubt to have done the deed.

Best thought of as the sleepwalker’s defense, the sane automaton escapes liability because (1) they were sane at the time of the offence and therefore can’t be committed to incarceration by reason of insanity and (2) were wholly unaware of the acts committed in the commission of the offence and can’t be convicted because the law demands, for a criminal prosecution to succeed, the mind must be as guilty as the hand.

This is based on the Roman legal doctrine actus reus non facit reum nisi mens sit rea (the act is not culpable unless the mind is guilty).  In English common law, the rule meant there must be actus reus (the guilty act) and mens rea (the guilty mind).  While in modern courts, mens rea is now called "fault elements" or "mental elements" and actus reus is now called "physical elements" or "external elements", the meaning is the same, the welcome changes being made to replace obscure Latin words with plain English.

Acceptance by courts of the existence of automatism is relatively common but not its acceptance as a defense of the sane and, on technical grounds, prior fault generally excludes automatism, as does intoxication, even when involuntary.  Automatism is thus more associated with a plea of insanity under the M'Naghten Rules (M'Naghten's Case 1843 10 C & F 200).  Under English law, internal causes of automatism are generally judged to be insane automatism and so result in the verdict not guilty by reason of insanity rather than acquittal.

While the sane automatism defense is available in matters such as murder, there are offences of absolute liability where it’s not allowed, even if evidence proved it could be sustained such as receiving parking ticket after neglecting to feed meter.

Automatist Art

The Garden, (1964), by Hannah Hoch (1889-1978)

Monday, November 13, 2023

Somnambulism

Somnambulism (pronounced som-nam-byuh-liz-uhm or suhm- nam-byuh-liz-uhm)

Sleepwalking; a condition characterized by walking while asleep or in a hypnotic trance

1786: A Modern English borrowing, via the French somnambulisme from the New Latin somnambulismus (sleepwalker), the construct of the original being somn(us) (sleep) + ambul(āre) (to walk) + -ismus (equivalent to the English –ism).  In English, the construct became somnus + ambulo + -ism.  Somnus came from the Proto-Italic swepnos, from the primitive Indo-European swépnos, from the root swep- (to sleep); the form spread east too, including the Lithuanian sãpnas.  Ambulo is from ambi- + alō (to wander”), from the primitive Indo-European hzel- (to wander) and was cognate with the Ancient Greek λη (álē) (wandering) & λύω (alúō) (to wander in mind, to roam).  The suffix –ism is ultimately from either the Ancient Greek -ισμός (-ismós), a suffix that forms abstract nouns of action, state, condition, doctrine; from stem of verbs in -ίζειν (-ízein) (from which whence English gained -ize), or from the related suffix from Ancient Greek -ισμα (-isma), which more specifically expressed a finished act or thing done.  Somnambulist is a noun, somnambulation a verb and somnambulistic an adjective; in the technical jargon of clinicians, there’s the mysterious semisomnambulistic, the implication presumably that somnambulism (at least when not raised in court as a defense) may be a spectrum condition.  Somnambulism, somnambulator, somnambulation, somnambulance & somnambulist are nouns, somnambulate & somnambulating are verb, somnambular, somnambulic & somnambulistic are adjectives and somnambulistically is an adverb; the most common noun plural is somnambulists.

Sleepwalking scene, Lady Macbeth (1829), by Johann Heinrich Ramberg (1763–1840).

As it was in science, philosophy and art, the Enlightenment proved productive in words, creations needed to describe newly discovered things and novel ideas.  The noun somnambulism came into use originally during the excitement over "animal magnetism"; it won out over noctambulation which endured not long.  A flurry of linguistic action ensued in the early nineteenth century including somnambule (1837), somnambulator (1803), somnambulary (1827) & somnambular (1820).  When the theory of animal magnetism (the doctrine that one person can exercise influence over the will and nervous system of another and produce certain phenomena by virtue of a supposed emanation called animal magnetism) was published in 1778, it created great interest.  Called mesmerism (from the French mesmérisme and named for Franz Anton Mesmer (1734-1815), an Austrian physician who developed a theory of animal magnetism and a mysterious body fluid which allows one person to hypnotize another), the still used word is synonymous with hypnotism or artificial somnambulism.  Another similar word for the same effect was braidism, named after English physician James Braid (1795-1860) and an ancient term for "hypnotic suggestion" was "mesmeric promise".

Somnambulism is classified among the parasomnias, sleep-wake disorders characterized by undesirable motor, verbal, or experiential phenomena occurring in association with sleep, specific stages of sleep, or sleep-awake transition phases.  In the fifth edition of the American Psychiatric Association's (APA) Diagnostic and Statistical Manual of Mental Disorders (DSM-5 (2013)), somnambulism is noted as a condition rather than a mental illness with most attention given to the protocols to be followed when awakening sleepwalkers.

Lindsay Lohan and her lawyer in court, Los Angeles, December 2011.

The other profession to take interest in somnambulism is the criminal bar.  At common law, sleepwalking can in some circumstances be a complete defense to any charge including murder.  That’s because the law (generally) will convict in criminal matters only if intent can be proved and that requires a “guilty mind”.  The legal Latin is mēns rea (literally “guilty mind”), from the English common law precept actus non facit reum nisi mens rea sit (the act does not make a person guilty unless the mind is also guilty).  It’s rarely successful but if it can be proved a defendant was, at the time of the act, “a sane automaton” (ie in effect sleepwalking and thus unaware of their actions), it’s an absolute defense.  Lawyers like it because sane automatism is a defense even against crimes of strict liability like dangerous driving, where no intent is necessary.  If the defense succeeds, the defendant walks free, unlike a finding of insanity (ie the notion of the insane automaton) where even if not found guilty, they're anyway locked-up.