From Stack-Firing To Pyromania: Medico-Legal Concepts of Insane Arson in British, US and European Contexts, c.1800-1913. Part 2
From Stack-Firing To Pyromania: Medico-Legal Concepts of Insane Arson in British, US and European Contexts, c.1800-1913. Part 2
Author Manuscript
                                        Hist Psychiatry. Author manuscript; available in PMC 2014 July 23.
                                              Published in final edited form as:
                                               Hist Psychiatry. 2010 December ; 21(84 0 4): 387–405.
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                                              Abstract
                                                   The second part of this paper1 explores deepening doubts about pyromania as a special insanity,
                                                   British debates post-1890, and pyromania’s supplanting with the broader diagnostic category of
                                                   insane incendiarism. It assesses the conceptual importance of revenge and morbid-motivations for
                                                   arson, and the relationship of Victorian and Edwardian concepts of arson to more modern
                                                   psychiatric research. The main objective is to ascertain the extent to which Victorian and
                                                   Edwardian medico-psychologists and medical legists arrived at meaningful and workable
                                                   definitions of criminal insanity linked to arson. It concludes by emphasizing the limitations,
                                                   contentiousness and inconsistencies in the use of technical terms such as ‘pyromania’, contrasted
                                                   with the qualified success of authorities in arriving at more viable and broadly acceptable
                                                   explanations of insane firesetting.
                                              Keywords
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                                                             readily deemed ‘a disease’, and kleptomania was, contrariwise, newly glossed as ‘a now
                                                             recognised species of moral insanity, actuating the subject of it to pilfer and steal’ (e.g.
                                                             Mayne, 1889: 121, 218, 365). Although some texts continued to present pyromania as a
                                                             species of impulsive ‘insanity, with an irresistible desire to destroy by fire’ (e.g. Cleaveland,
                                                             1872: 202; Fowler, 1875: 420),3 by the 1880s and 1890s medical lexicons were registering
                                                             pyromania’s claim for special status as just a ‘claim’, according it cursory treatment and
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                                                             often eschewing reference to irresistible impulse. Richard Quain’s medical dictionary was
                                                             categorical that pyromania’s ‘claim to be regarded as a special form of insanity has not been
                                                             established’ (Quain, 1890, Vol. 2: 314).4 Vice versa, dipsomania and kleptomania were not
                                                             uncommonly recognized with larger entries and as definitive forms of insanity, the latter
                                                             generally linked to irresistible impulse and/or to underlying congenital, organic disease (e.g.
                                                             Sydenham Society, 1899, Vol. 3: v). Of course, such lexicographic texts were rarely
                                                             compiled by medico-legal experts, and can only be seen as limited reflections of the
                                                             complexities and shifts in the more detailed debates in specialist literature. The studies by
                                                             Whitlock (1999) and by Abelson (1989) make it clear that kleptomania remained a
                                                             controversial diagnosis and insanity defence. But the majority of later nineteenth-century
                                                             Anglo-American medical jurisprudence and medico-psychological texts on crime and
                                                             insanity repeatedly and emphatically questioned the legitimacy of pyromania. Likewise they
                                                             were only partially successful, and indeed committed, in arguing for the expansion of the
                                                             insanity defence in cases of incendiarism.
                                          3Fowler (1875: 272) designated kleptomania in kindred terms. Cleaveland’s (1872: 202) rather minimalist pocket-guide defined
                                          pyromania an ‘irresistible propensity to destroy by fire, a species of insanity’, and dipsomania as merely ‘thirst of drunkards’, omitting
                                          kleptomania altogether.
                                          4By contrast kleptomania was straightforwardly recorded as ‘insanity characterized by an irresistible impulse to steal’; Quain, 1890,
                                          Vol. 1: 798. Neither George Fielding Blanford’s extensive entries on ‘impulsive insanity’ and ‘moral insanity’, nor John Sibbald’s on
                                          ‘legal insanity’ and ‘criminal responsibility’, made any reference to pyromania/arson, and very little to kleptomania, focusing much
                                          more on homicidal insanity; pp. 315–18, 725–8.
                                                           Griesinger’s approach was evidently indebted to Casper (1846; 1864) and moreover to
                                                           Willers Jessen’s (1860) monograph on firesetting. Jessen, complaining of the insufficiency
                                                           of attention to pyromania in the existing literature, had adopted a case-by-case analysis,
                                                           applying broader diagnostic nosologies of insanity (including melancholia). Although
                                                           somewhat German-centric in its analytical scope, ignoring other continental and
                                                           Anglophone surveys, Jessen’s monograph was widely recognized by contemporary
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                                                           reviewers as the most definitive survey of the subject, or ‘the most complete contribution to
                                                           the etiology and psychology of pyromania in any language’ (Anon., 1861: 223). As Geller
                                                           (1992: 285) has noted, Jessen’s synthesizing survey – accorded the distinction of a meaty
                                                           précis and commentary in The American Journal of Insanity – was highly instrumental in
                                                           focusing the dividing lines of debate in European and Anglo-speaking contexts (Jessen,
                                                           1860, 1861–2).5 Rejecting notions of pyromania as an instinctive disorder, Jessen conceived
                                                           most insane firesetting to emanate from more established diagnostic categories. However,
                                                           there was only partial consensus between Griesinger and Jessen over the nature of
                                                           pyromania. Adapting Esquirol’s notion of pyromania as a ‘reasoning monomania’ (i.e.
                                                           essentially motivated, rather than characterized by lack of motive), Jessen also conceded the
                                                           circumscribed permissibility of pyromania as a (rare) diagnosis (Baker, 1892a: 1056).
                                                           Geller argues that reaction against the wider application of the insanity defence in the USA
                                                           following the 1881 assassination of President Garfield was a significant factor in the
                                                           rejection of pyromania by most US medico-legal experts in the latter decades of the century.
                                                           He cites Pilgrim’s 1885 review of the pyromania literature, and its confident contention that
                                                           ‘there is no such psychological entity as pyromania’, and an 1887 paper by Orpheus Everts
                                                           (Superintendent to Cincinnati Sanitarium), which addressed the validity not just of
                                                           pyromania but of all special manias (Everts, 1887; Pilgrim, 1885). Although Everts
                                                           concluded that all were distinct mental diseases, he also conceded that they were generally
                                                           subordinate to broader symptomological patterns. Others, such as William A. Hammond,
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                                                           New York Professor of Mental Diseases, who devoted three pages of his 1883 insanity
                                                           treatise to pyromania, including several long case histories mostly derived third-hand from
                                                           Hencke (via Marc and Esquirol), remained equally ambivalent. Hammond (1883: 438)
                                                           defined pyromania as an ‘emotional monomania’, synonymous with uncontrollable morbid
                                                           impulse, but also with what Livi and others had termed ‘instinctive monomania’. On the one
                                                           hand, Hammond asserted that pyromania was typically congenital, significantly more
                                                           common in females than males, strongly linked to menstrual and reproductive disorders, and
                                                           indubitably ‘a distinct type of morbid emotional disorder’ (p. 438). On the other hand, he
                                                           argued that: ‘The mere object of the impulse should not … be sufficient to elevate the act to
                                                           the dignity of a distinct species of insanity’, and that ‘pyromania … kleptomania, and so on’
                                                           were ‘useful’ merely to explicate the patient’s ‘main symptom’ (pp. 399–400).
                                                           However, in Britain it was a broader range of reasons, I would argue, that explains most
                                                           specialists’ rejection of pyromania, rather than any singular political event or trial. More
                                                           important as factors for British practitioners were: a growing resistance to symptom-led
                                                           diagnostic nosologies; the steady accumulation of empirical case history and institutional
                                          5However, the Journal of Mental Science gave no coverage whatsoever to Jessen’s work on arson during 1860–1900, apart from
                                          Baker’s article, though his contributions on other subjects were often cited; see Barnett, 2005: 11–26.
                                                    experience of insane arson being more often the crime of the mentally defected, melancholic
                                                    and delusive than a matter of impulse-related incendiarism; mounting professional criticism
                                                    of the tendency for impulse-based defences to provide too elastic a licence for exculpation
                                                    of crime; and doubts and empirical experience regarding the courtroom utility of
                                                    complicated, artificial diagnostic constructs like pyromania.
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                                                    Some British textbooks, including John Hutton Balfour Browne’s monumental 713-page
                                                    book The Medical Jurisprudence of Insanity (1871), paid less attention to the criticisms of
                                                    Griesinger and others, and gave more scope to pyromania. Browne (son of the famous
                                                    Scottish moral manager, W.A.F. Browne) devoted a six-page section to pyromania (Browne,
                                                    1871: 148–53; 1875: 332–7). Heavily reliant on Marc and other continental case studies,
                                                    Browne clearly accepted both the medico-legal relevance and the utility of the term
                                                    pyromania, categorizing it as a ‘temporary excitement’ under the heading ‘Partial Moral
                                                    Mania’, and (à la Esquirol) classifying it – alongside kleptomania, erotomania/
                                                    nymphomania, and dipsomania/oinomania – under ‘monomania’ within the broader heading
                                                    ‘states of exaltation’ (Browne, 1871: 148; 1875: 58). Browne (1871: 149) also emphasized
                                                    its relative frequency among all cases of arson: ‘on very many of the occasions where
                                                    houses, farm-buildings, and the like, are set fire to, it is by those … under the influence …
                                                    of pyromania’. He regarded the least contentious cases of pyromania as those demonstrably
                                                    acting under an irresistible impulse, or else a prevailing delusion, though his emphasis fell
                                                    mainly on the former. He stressed that the impulse had to be as strong/stronger than ‘the
                                                    motives for not committing the crime’ and thus irresistible, even though ‘no very prominent
                                                    intellectual features of disease may be discoverable’ (p. 151). Detailing cases from Marc,
                                                    Ray and others, Browne additionally distinguished such arsonists by their lack of motive,
                                                    and personal histories of radical character and conduct change. As regards delusive cases,
                                                    Browne was even keener to stress the traceability of ‘the insane origin of the act’, although
                                                    his examples, including the usual reference to Martin, were based on his reading and
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                                                    theoretical knowledge, rather than on his own empirical experience (p. 151). He was also
                                                    careful to emphasize the ‘many instances’ where no delusion was evident but offenders were
                                                    clearly insane and found lacking (rational) motive, unable to help themselves and otherwise
                                                    irresistibly driven. Yet even this survey concluded by stressing how uncommon was ‘this
                                                    form of insanity [i.e. pyromania]’, despite the evidence of occasional anomalous peaks in
                                                    reported cases on the continent (p. 153).
                                                      moral mania, is made a convenient plea for the defence of crime, as in cases of
                                                      arson. (Chapman, 1892: 159).
                                                  Indeed, Anglophone authorities were increasingly dubious about the validity of pyromania,
                                                  although concurrently, if not always consistently, arguing for the need to widen recognition
                                                  of forms of insanity leading to arson more generally.
                                                  John Baker’s authoritative surveys of 1889 and 1892a highlight the departure of ‘modern
                                                  writers’ from previous classifications of morbid incendiary propensity as pyromania. Like
                                                  Griesinger (and, to a lesser extent, Taylor and Casper, whom he quoted and significantly
                                                  relied on), and by contrast with Hencke, Marc, Esquirol and Ray, Baker argued that
                                                  pyromania had been erroneously ‘elevated into a special form of insanity’, rejecting the term
                                                  as ‘misleading’. He maintained that ‘English observers’ generally ‘agree with … many of
                                                  the German writers … that it is not a disease per se, but the result of some of the well-known
                                                  forms of insanity’ (Baker, 1889: 46). Baker’s studies additionally underline the partial shift
                                                  that had occurred in medico-psychological and medico-legal accounts away from earlier
                                                  debates as to the extent that arsonists and other criminals could be understood as morally
                                                  insane. Acutely conscious of previous controversial psychiatric testimony which (in tending
                                                  to support the latter view) had (arguably) weakened expert witnessing in insanity defences,
                                                  Baker (1889: 45) was adamant that, although many incendiaries were to some degree
                                                  ‘devoid of moral sense’, ‘moral perversion … is no excuse for crime’ (p. 45).
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                                                  Baker’s accounts of pyromania were in many respects highly conventional and indebted to
                                                  other authors. He largely accepted continental views associating pyromania with puberty
                                                  and reproductive/sexual disorders, especially in the case of females, citing Ernest-Émile
                                                  Rousseau’s (1881) survey, yet he also kicked against any ‘advancement of the mere dictum
                                                  of intermittent irresistible impulse’ (Baker, 1892a: 1058). Like Marc, he underlined the need
                                                  in establishing irresponsibility to investigate closely other prominent symptoms of mental
                                                  derangement, including (in pubescent cases) ‘vertigo, epistaxis, and derangement or
                                                  suppression of the menses … epilepsy or chorea … glandular swellings and cutaneous
                                                  eruptions’ (p. 1058). In other cases, like Griesinger, he pointed out the need to find evidence
                                                  as to ‘hereditary neurosis … infantile convulsions … previous indulgence in drink, and …
                                                  mental inquietude before the commission of the crime’ (p. 1058).
                                                  To some extent, too, Baker (p. 1057) parroted traditional descriptions of classic or ‘genuine
                                                  pyromaniacs’, summarizing them as:
                                                      young persons, for the most part dwellers in the country; badly developed, of
                                                      defective intelligence, hereditarily tainted with insanity or epilepsy, and presenting
                                                      anomalies in character, habits, and feelings; having, as a rule, no delusions, no
                                                      motive for their crimes, but imbued with an irresistible impulse to burn.
                                                  Yet, while acknowledging his own clinical encounters with cases matching this description,
                                                  Baker attributed most insane incendiarism to mental defect and to melancholia, or else to
                                                  dementia, epilepsy, and delusive mania/mania à potù. Rather than harping on pyromania,
                                                  then, Baker delineated all cases of insane arson in accordance with ‘recognized forms of
                                                  insanity’, citing Greisinger and Jessen in support of his own particular nosological approach
                                                  (Baker, 1889: 47). Baker (pp. 47, 54 and notes) likewise reiterated ‘the generally received
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                                                  Thus, case by case, neatly summarized in tabulated form (Fig. 1), Baker associated
                                                  individual mentally disordered incendiarists at Broadmoor not with pyromania or moral
                                                  insanity, and only to a small degree (9%) with monomania, but rather with congenital
                                                  ‘imbecility’ (amounting to over one third, 35%, of diagnoses); with melancholia (20% of
                                                  diagnoses, characterized especially by sensory and religious delusions/hallucinations); with
                                                  mania (17%); and (less commonly) with dementia (10%), general paralysis (6%) and
                                                  epilepsy (4%). This helps to explain why terms like pyromania, or other notions of arson as
                                                  a special mania, were so rarely employed in Broadmoor’s case notes and indeed in the
                                                  insanity defences of British incendiaries (especially by comparison with continental
                                                  institutions and courts).
                                                  Baker’s decision at this time to focus at on ‘incendiarism’ was itself inspired and justified by
                                                  its relative psychiatric and medico-legal neglect; by recognition that (echoing Taylor)
                                                  pyromania was ‘a condition not specially recognized by English jurists or in English courts
                                                  of law’ (Baker, 1889: 47); and by acknowledgement that it was much ‘more frequently …
                                                  and more fully’ discussed ‘in foreign than in English psychological literature’ (Baker,
                                                  1892a: 1056). His persuasive view (paraphrasing and extending North’s (1886: 172–3)
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                                                  earlier arguments, but also reflecting his own extensive empirical experience), was that ‘less
                                                  atrocious’ offences ‘seldom attract … interest in the accused’, or much judicial investigation
                                                  (Baker, 1892a: 1056; 1892c: 366–7). For this reason, Baker (1892a: 1056) argued, ‘in
                                                  offences like arson the question of responsibility is rarely raised … and conviction and
                                                  imprisonment follow as a matter of course’. This context additionally helps to explain why
                                                  the insanity defence appears to have been utilized more rarely in arson cases, by contrast
                                                  with capital offences ‘where the sanctity of life is in question’, and why so many mentally
                                                  affected lesser offenders wound up in prison (Baker, 1892c: 366). Indeed, stressing the large
                                                  ‘number of incendiaries [in previous times] … found insane whilst undergoing sentence, and
                                                  transferred from penal restraint to asylum custody’, Baker (1892a: 1056) appealed for
                                                  significant improvement in ‘pre-trial investigations of the mental condition of such cases’.
                                                  This was, of course, an area that busy Broadmoor-based practitioners were notably less
                                                  engaged in than other mental specialists and ordinary general medical practitioners, the
                                                  former tending to see criminal lunatics for the first time post-trial/imprisonment. Citing one
                                                  case of a repeat arsonist where no expert medical testimony was called, and evidence of his
                                                  ‘weak mind’ and congenital ‘brain disorder’ was dismissed despite jury appeals, Baker
                                                  (1892c: 366–7) contended: ‘Were the individual psychological peculiarities of these weak-
                                                  minded criminals strictly investigated, and their modes of life and family histories fully
                                                   inquired into, the question of responsibility might be more frequently raised’. While as
                                                   scholarship has elucidated (Eigen, 1991, 1995; Smith, 1981a, 1981b, 1988a–c), mental and
                                                   forensic specialists were an increasingly prominent presence in Victorian courtrooms, expert
                                                   psychiatric testimony appears to have been less frequently and conspicuously involved in
                                                   cases of arson. In Britain the perpetrators of arson were also disadvantaged by class and sex
                                                   by comparison with perpetrators of murder, or even theft, in terms of attracting sympathetic
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                                                   Baker’s 1889 and 1892 arson surveys were both a response to and a reflection of the general
                                                   lack of concern with the subject in Anglophone medico-psychological literature. But Baker
                                                   conducted no further exclusive or lengthy survey of arson once he became Broadmoor’s
                                                   Deputy. His later publications made only occasional use of his forensic experience in
                                                   assessing arson cases: for example, he referred to arsonists in a single paragraph within his
                                                   larger survey on ‘general paralysis and crime, where he discussed 7 arsonists out of 62 cases
                                                   with GPI admitted since 1863, all of whom he categorized as having ‘belonged to the
                                                   exalted type’ (Baker, 1903: 439, 447). And few other Anglophone forensic practitioners
                                                   spilled much ink on the subject before the 1920s and 1930s (e.g. East, 1946; Goldwyn,
                                                   1930; Young, 1925). When they spoke of arson and pyromania at all, most British insanity
                                                   specialists, including Henry Maudsley, did so in a rather haphazard fashion, as one among a
                                                   number of examples, rather than as a subject in itself. Moreover, following Griesinger’s
                                                   lead, Maudsley too was actively contesting the continuing usefulness of such diagnostic
                                                   terms. Maudsley argued that pyromania, suicidal mania, homicidal mania and kleptomania
                                                   had ‘no existence as distinct diseases’, but were obfuscating ‘metaphysical’ terms, jargon-
                                                   like fig leaves, professionally and publicly manifesting a mere ‘semblance of knowledge’
                                                   (Maudsley, 1874: 80–1; 1899, 81–2). Criticizing the tendency of modish psychiatric
                                                   nosologists (in particular, Morel) to categorize mental diseases according to ‘prominent
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                                                   mental symptoms’, rather than prevailing physical causes, Maudsley (1874: 80–1; 1899: 81–
                                                   2) rejected pyromania and its ilk as ‘concealing inadequate observation under a pretentious
                                                   name’. Echoing Griesinger and Baker, he advocated thoroughgoing investigation and
                                                   observation of bodily and mental features in every case, to ensure focus on the underlying
                                                   cause(s) and accurate presentation of ‘real disease’, both in practice and in courtroom
                                                   diagnosis/testimony. The tendency for judges and jurists presiding over insanity defences to
                                                   be preoccupied, post-McNaughten Rules, with demonstrating that criminal acts plainly arose
                                                   from derangement, and/or absence of moral control/knowledge of right and wrong, and
                                                   profound/florid mental derangement or prevailing delusions, itself counselled specialists like
                                                   Maudsley to emphasize opposing criteria. Contrariwise, they stressed the need for specialists
                                                   to challenge such reductionism with careful scientific proofs of varying degrees of disease-
                                                   compromised responsibility, and broader links between mental derangement/defect and
                                                   insane/irresponsible acts.
                                                  exclusive diagnostic concept, such cases were often more broadly conceptualized as driven
                                                  by uncontrollable/irresistible impulse, sometimes related to pathologized life-cycle or
                                                  arrested/morbid development models, especially linked with adolescence. Sutherland (1907:
                                                  589) detailed one typical case as follows: ‘R.F., aet 18 … sets fire to a dormitory in order to
                                                  ascertain how his fellow pupils feel being roasted. In other respects his conduct was …
                                                  precocious and impulsive … a case of impulsive insanity associated with early adolescence’.
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                                                  Yet in Britain pyromania and impulsive arson remained highly contested and seldom used
                                                  diagnoses, while by the early 1900s many forensic psychiatric experts, including
                                                  Broadmoor’s (then) Superintendent and Deputy, Richard Brayn and John Baker, were
                                                  asserting emphatically that ‘sudden impulse’ had been misapplied and over-used in the
                                                  courtroom. Revising the discourses of the 1850s and 1860s which had informed mid-
                                                  Victorian sensationalist literary portrayals, they objected that many putatively impulsive
                                                  crimes were in fact ‘carefully planned and long thought out’, the result of prolonged
                                                  ‘brooding’ (Baker, 1903: 438–49, and discussion, 449–50). More stress, they argued, should
                                                  be placed on prevailing morbid ideas and delusions leading to action and less on the
                                                  presence (or lack) of deliberation. Numerous continental and (somewhat fewer) Anglo/
                                                  American criminological surveys had touted pyromania and kleptomania more
                                                  enthusiastically as arising from morbid instinct and impulses, and thus as more broadly
                                                  exculpable. Significantly, however, British medico-legal and medico-psychological
                                                  specialists, determined to defend the scientific boundaries of their own particular areas of
                                                  expertise, expressed considerable reservations regarding criminological contributions to
                                                             debates on insanity and crime. In his article on kleptomania, Baker poured caricaturing scorn
                                                             on the:
                                                                  a criminal by instinct, but rather from the force of bad example and a criminal
                                                                  education. (Baker, 1892b: 726)
                                                             In his MPA Presidential Address of 1895 (Nicolson, 1895a), and the discussion which
                                                             ensued, Broadmoor’s Superintendent, David Nicolson, was similarly critical of the
                                                             contribution of criminology to understandings of criminal insanity. Although accepting the
                                                             validity of criminological arguments about the existence of criminal types, and that some ‘at
                                                             the lower end’ were possessed of such clearly marked ‘morbid psychology’ as to be more or
                                                             less insane, he pointed out that this applied to only a small minority of criminals, and denied
                                                             ‘that there is any such thing as a criminal neurosis …, psychosis, or an instinctive
                                                             criminality’ (Nicolson, 1895b: 590).
                                                             By the 1920s, the doctrine of irresistible impulse as applied to arson was held in even more
                                                             doubt in Britain, though its decline as a basis for an insanity plea appears to have been
                                                             uneven.6 Most forensic specialists had long stressed that ‘an alleged irresistible impulse to
                                                             commit an incendiary act’ could only be significant in mitigating responsibility provided
                                                             that its origin/accompaniment in definite mental disease/defect was established. Yet,
                                                             increasingly, practitioners – such as H.T.P. Young, the Portland Prison MO, who published
                                                             a detailed study of adult male incendiarists in 1925 – argued that impulsiveness was seldom
                                                             present in most mentally unsound arsonists, and that generally a clear and deliberate motive
                                                             was evident.
                                                                  In the majority of arson cases it is possible to elicit a plan of some sort [thus] … it
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                                                                  would be rare for arson to arise from a chance impulse … not resisted … [Arson]
                                                                  necessitates some preparation … That recurrent impulses occur to set fire to
                                                                  property is not disputed, but in none of the cases examined could the action be
                                                                  described as impulsive. (Young, 1925: 1334)
                                                             As he also asserted (reiterating Baker, 1892a), ‘the condition, moreover, is not recognised in
                                                             English courts’ (Young, 1925: 1335). The 1923 (Lord Justice) Atkin Committee on Insanity
                                                             and Crime had recommended maintaining but supplementing the McNaughten Rules via
                                                             legislation to establish more clearly the feasibility of the irresistible impulse based insanity
                                                             defence (Scottish Law Commission, 2003), but the subsequent 1924 Criminal Responsibility
                                                             (Trials) Bill floundered repeatedly in the Lords because of traditional judicial hostility to the
                                                             doctrine. Critical debate and ultimate rejection (despite a second reading) of the Bill had
                                                             gravitated fundamentally around hostility towards its proposed legal enshrinement of
                                                             irresistible impulse (Hansard, 1924). The putative role of such impulses in pyromania/arson
                                                             was not discussed in such debates, but their allegedly key role in analogous cases of
                                                             kleptomania was debated at length. Most Lords argued that, however impulsive, offenders
                                          6Most historians have concentrated on the recession of irresistible impulse as a feasible plea in insanity defences for capital offences
                                          such as homicide; e.g. Smith, 1981a; White, 1985.
                                                    were rarely totally lacking in control, most being perfectly aware of the nature and quality of
                                                    their acts; that most cases were already usually dealt with sympathetically via mitigated
                                                    sentencing; and that it would be ‘dangerous’ to accord complete irresponsibility/immunity
                                                    from punishment via statutory recognition of such a doctrine.
                                                    Numerous modern psychiatric surveys of arson continue to stress the role of impulsivity in
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                                                    mental disorders, but intense debate remains over how to define and determine impulsivity.
                                                    The concept of irresistible impulse has been substantially reframed and narrowed in more
                                                    recent studies, but mentally unsound arsonists are still generally categorized under ‘impulse
                                                    control disorders’ (e.g. Hegerl, 2004; Hollweg, 1994). Furthermore, ‘expressive arsons’,
                                                    conceptualized as ‘opportunistic and impulsive acts, motivated by emotional distress’, are
                                                    generally distinguished from instrumental arson (seen as ‘planned’ or ‘motivated’, e.g. by
                                                    revenge), and tend to be diagnosed in much higher proportions of ‘serial’ offenders (e.g.
                                                    McElroy et al., 1993; Wachi et al., 2007). Yet, although pyromania is commonly ‘regarded
                                                    as an impulse-control disorder … controversy continues over whether the condition should
                                                    be classified under the impulse-control disorders or … whether it comprises a separate entity
                                                    at all’ (Lindberg, Holi, Tani and Virkkunen, 2005). As Lindberg et al. additionally observe,
                                                    pyromania was included in DSM-I and II, but excluded from DSM-III, and was only re-
                                                    introduced in a circumscribed form to DSM-IV, restricted by a host of exclusion criteria.
                                                    Similar conclusions can be found in much recent psychiatric literature on arson, although
                                                    Hollweg (1994, abstract) argued that it was the strict application of DSM-III and ICD-10
                                                    criteria which explained why ‘most … fire-settings could not be classified under this
                                                    subcategory of “disorders of impulse control”’, even though ‘impairments of impulse
                                                    control are typical … in most cases of arson’.
                                                    Modern studies of mentally disturbed arsonists have almost unanimously highlighted the
                                                    prominence of revenge as the commonest motivation among both male and female
                                                    offenders. While concurrently observing similar motivational patterns among sane arsonists
                                                    detained in penal/corrective institutions, they have also pointed to the high incidence of
                                                    mental disturbance among such cases (e.g. Puri, Baxter and Cordess, 1995; Stewart, 1993).
                                                    Early nineteenth-century continental and Anglophone medico-psychologists also remarked
                                                    on the common presence of vengeful motives among deranged arsonists. Typically, Marc
                                                    (1833; cit. Ray, 1853: 202–3) stressed that: ‘when they have avowed that they were
                                                    influenced by a desire of revenge; we cannot conclude with certainty, that they were in
                                                    possession of all their moral liberty, and that, consequently, they should incur the full
                                                    penalty of the crime’. Yet Victorian British legists were evidently much more prone to
                                                    attribute arson to sane motives of revenge for genuine or perceived wrongs/slights, and to
                                                    cunning and perversities of will, than to psychological causes or mental defect. Also,
                                                    medico-psychologists worked somewhat inconsistently to qualify such conventional legal
                                                    and societal views, themselves commonly pointing to characteristics of vengefulness and
                                                    deviousness combined with mental defect among many (responsible) arsonists and other
                                                    criminals.
                                                  enmity. Taylor (1856) similarly emphasized the limited relevance of motive to deliberating
                                                  on insanity, reporting the judicial observation in the unsuccessful (1844) Rex v. James
                                                  Gibson arson-insanity defence, that ‘it would be a fatal error to infer insanity from …
                                                  inadequacy of motive’ (Taylor, 1856: 675). Yet, as a number of test cases during the 1870s
                                                  and 1880s demonstrated, distinguishing malicious (or intentional) from inadvertent or
                                                  negligent arson could be crucial in determining both guilt and the severity of punishment
                                                  (Browne, 1871: 149). Moreover, establishing the absence/lack of motive and intent in
                                                  practice was often fundamental in influencing juries when it came to insanity defences for
                                                  arson. The key provisions of the 1861 Malicious Damage Act (despite five later amending
                                                  Acts) were not comprehensively repealed and replaced (bar six sections) until the Criminal
                                                  Damage Act of 1971 (c48). It was only at this time that ‘malicious damage’ was supplanted
                                                  with the terms ‘reckless’ (as in deliberately risking damage) or ‘willful’ [sic] (as in
                                                  intentional/deliberate) (House of Lords, 2003).
                                                  Most authorities, Griesinger included, emphasized the common absence of motive in insane
                                                  arson cases and the prevalence of ego/will deficiencies (Griesinger, 1867: 270–1, n2).
                                                  Contrariwise, in ways which, as we shall see, sometimes undercut the success of expert
                                                  witnessing at insanity defences, such specialists were also concerned to stress morbidly
                                                  ‘egotistical’ motives of ‘revenge’, and how young male servants might seek through house-
                                                  firing to curtail ‘an impatiently borne period of service and return home’ (p. 270). Griesinger
                                                  additionally surmised an opportunistic element in the patterning of such crimes, pointing to
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                                                  the extensiveness of fireplace duties in domestic service, and the ‘readiness … to hand’ of
                                                  the ‘means by which they can satisfy the morbid craving which torments them’ (p. 270).
                                                  Browne was certainly convinced that if arson was characterized (as it was often shown to
                                                  be) by strong motives of revenge that it normally rendered the individual responsible:
                                                      Many cases … occur in which the act seems to have been dictated by feelings of
                                                      revenge. And in such cases, even although there may be mental weakness, there
                                                      does not appear to be sufficient ground either to regard it as pyromania or to hold
                                                      the individual irresponsible for the act. (Browne, 1871: 151).
                                                  Baker (1889: 45) similarly saw the question of motive as pivotal in distinguishing sane from
                                                  insane arson: ‘[in arson] by sane persons a motive invariably underlies the crime’.
                                                  Nonetheless, his earlier essay forcefully asserted that ‘when a motive exists with absence of
                                                  mental derangement the act should be regarded as criminal’, but that ‘the presence of mental
                                                  aberration with or without motive will indicate that the patient is suffering from the insanity
                                                  of pubescence or adolescent insanity, and is therefore irresponsible’ (Baker, 1892a: 1058).
                                                  Both articles carefully delineated the primary motives medico-legal opinion ascribed to
                                                  arsonists, stressing economic gain ‘by defrauding insurance companies’, ‘fear, anger, hatred,
                                                  and nostalgia’, the erosion of self-control, but moreover stressing ‘revenge’ (also often
                                                  alcohol induced/influenced) as among the most conspicuous and common (Baker, 1892a:
                                                  1058; 1889: 45). Yet Baker recognized that ‘revenge is also a powerful incentive to arson
                                                  amongst weak-minded people’, pointing to their liability to acutely experience ‘real or
                                                  fancied wrongs’ and injuries, and to ‘seek’ via arson ‘to wreak their revenge’. In addition, he
                                                  characterized typical mentally defective incendiarists as homeless, vagrants, ‘wandering
                                                  aimlessly about the country’, who ‘driven by distress or want … set fire to isolated stacks or
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                                                  Baker was keen to stress, nonetheless, that many such cases, especially where a clear motive
                                                  and only ‘[partial] weak-mindedness may be proved to exist’, must ‘be regarded as
                                                  essentially criminal’ (Baker, 1889: 47). Reflecting a degree of contemporary social prejudice
                                                  against labouring (and soldiering) classes deemed recidivist, workshy and unruly, he
                                                  presented a number of cases of repeat offenders to illustrate his points (Baker, 1892a: 1058;
                                                  1889: 46–7). Baker asserted that only when such ‘weak-mindedness’ or ‘mental aberration’
                                                  was more severe/complete, and might ‘amount to imbecility’, or originate from ‘epilepsy’ or
                                                  ‘neurosis’, might the act be ‘supposed’ to derive from insanity and the accused be adjudged
                                                  irresponsibly insane (Baker, 1889: 46–7). While he acknowledged the difficulty in such
                                                  cases of determining ‘the measure of their responsibility’, his rather disparaging descriptions
                                                  reflect the considerable limits to the insanity defence when it came to defendants who
                                                  displayed elements of cunning/deliberation alongside more debatable symptoms of mental
                                                  defect:
                                                      [A]s a rule, they possess unlimited capacity for lying and deceit … Owing to [their]
                                                      … pretended want of memory, it is … by no means … easy … to deduce the
                                                      measure of their responsibility. The cunning displayed by them, the precautions
                                                      taken to avoid discovery, and the presence of motive without clear evidence of
                                                      insanity, will stamp the act as criminal. (Baker, 1892a: 1057–8)
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                                                  In an influential article, which had clearly struck a chord with Baker at Broadmoor, S.W.
                                                  North had explored insanity and criminal responsibility in depth, focusing primarily on
                                                  insane homicide, but also on lesser crimes such as arson (North, 1886). As with Baker,
                                                  North argued that sane and insane motives for crimes were often alike, stressing the
                                                  difficulties in sorting out the responsible from the irresponsible. Like Baker also he was
                                                  keen to make firm distinctions between habitual criminals with elements of mental
                                                  weakness, and those whose mental unsoundness was marked and directly causative of the
                                                  criminal act. North delineated three essential categories of crime associated with insanity
                                                  around which medico-legal debates especially gravitated, namely weak-minded crime,
                                                  delusions and impulsive acts. He stressed that the first category was not only much more
                                                  common among offenders but was also less apt to provide grounds for successful insanity
                                                  pleas. Although the sinking of such people into ‘the dregs of the criminal class’ (North,
                                                  1886: 172) might be regretted and combated, like many contemporary medico-legists North
                                                  was not prepared to countenance that such mental weakness was normally sufficient to
                                                  excuse offenders’ acts. On the one hand, perpetrators ‘with feeble mental power’ were seen
                                                  as somewhat ‘helpless’, lacking ‘initiative’ and adaptability. On the other hand, North
                                                  contended, they were innately atavistic, ‘driven by lust’ and lacking the normal constraints
                                                  upon ‘animal passions’, easily ‘enraged by the slightest provocation’, prone to seek
                                                  gratification via ‘inordinate’ violent acts ‘towards those who cross them’, and also
                                                  commonly lacking remorse for their crimes, though fully aware ‘of the nature and quality of
                                                  their acts’ (North, 1886: 172).
                                                  Nonetheless, while in courtroom practice evidence of vengeful feelings was more often
                                                  perceived as on the side of sanity/responsibility, during the latter decades of the century
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                                                  medico-psychologists were much more prepared to recognize the commonality of clear and
                                                  malicious motives among mentally disordered arsonists. Decades of medico-legal challenge
                                                  to the McNaughten Rules’ right and wrong test had seen professionals increasingly
                                                  appreciative of the presence of powerful vindictive motivations, alongside elements of
                                                  cognizance and deliberation as to crime in the mentally weak and unstable. Far from being
                                                  motiveless, the violent acts and impulses of imbeciles were regarded by authorities like
                                                  North and Baker as typically ‘provoked’, imbeciles acting ‘like other people when angered’,
                                                  but merely lacking intellectual control over base passions/instincts (North, 1886: 176).
                                                  Delusions were also conceived as providing clear though morbid motivation for incendiarist
                                                  acts. Those of unsound mind were perceived as especially prone to act out disproportionate
                                                  vengeful feelings for imagined or trivial wrongs, particularly when dominated by delusions
                                                  and/or hallucinations, though quite aware that their acts were unlawful and quite capable of
                                                  distinguishing between right and wrong:
                                                  Commenting on a much cited Edinburgh Court of Justiciary case of Dr Smith, found insane
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                                                  on a charge of fire-raising in 1855, Browne similarly recognized that ‘a man with a delusion
                                                  resorts to many of the same acts that a sane man will’, including incendiarism ‘with the
                                                  intention of revenging a supposed injury’ (Browne, 1871: 152, citing Rex v Smith, Edin.
                                                  High Court, 15–17 Jan. 1855, 2 Irvine, 1). However, medico-legal authorities also often
                                                  construed such cases as outside the proper definition of pyromania, Browne asserting that
                                                  such delusive arson, ‘although an insane act, is not that of a pyromaniac’ (Browne, 1871:
                                                  152). Baker likewise maintained that many were acting in abeyance to, or else seeking relief
                                                  from, prevailing maniacal and melancholic delusions (confirming Griesinger’s earlier
                                                  observations). To illustrate the former, he related the case of H.R., an itinerant musician
                                                  found insane on trial, whose barn-firing was attributed to a delusive compulsion to alert the
                                                  township ‘that he was about to be murdered’ (Baker, 1889: 51). Likewise, the cases of
                                                  monomaniacal melancholia Baker detailed included J.W., a sailor who ‘set fire to a lodging
                                                  house in consequence of being tormented constantly with the smell of burning’; the ‘low-
                                                  spirited and suicidal’ F.D., who posted a letter, matches and straw through his mother’s
                                                  letter-box, under the deluded belief that this was the best means of communicating with the
                                                  spirit of his recently departed father; and another patient who ‘declared he was burned with
                                                  irons during the night’ (Baker, 1889: 53–4). By contrast, cases of ‘destructive fury’ not
                                                  associated with delusion or mental defect tended to be articulated quite differently (Baker,
                                                  1889: 53–4).
                                                  For North (1886: 176), only in cases of ‘transitory’ or ‘irresistible impulse’ was violence
                                                  conceived as usually motiveless and unprovoked, or else precipitated by ‘very trivial
                                                  provocation’. Such individuals were sometimes understood as classic monomaniacs,
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                                                  intellectually intact, and in many respects and for long periods displaying ‘no symptoms of
                                                  disease’ (p. 176). Yet partly because of empirical experience and partly because of the
                                                  difficulties of establishing a defence founded on irresistible impulse (a term which North
                                                  designated ‘not a happy phrase’), such cases were also seen as ‘rare’ (pp. 175–6).
                                                  Increasingly, the more common cases of irresponsible insane incendiarism (as with other
                                                  violent crimes) were associated with mental defect or delusion. Nonetheless, the partial and
                                                  uneven recasting of pyromania and insane incendiarism as ‘reasoning monomania’ by Baker
                                                  and earlier European medico-legal specialists had itself been reinforced by a clearer
                                                  recognition that significant elements of prevailing motive were commonly present among
                                                  insane arsonists and other mentally disordered criminals.
                                                  keen to contest the tendency of legists to narrow the definition of what constituted mental
                                                  disorder/defect affecting responsibility. Maudsley (1874: 68–9), going as far as to impugn
                                                  ‘lawyers’ as ‘for the most part’ having less ‘knowledge of insanity … than that of the
                                                  vulgar’, underlined the commonality of milder ‘forms of disease’ where symptoms were ‘of
                                                  a more subtile [sic] and obscure character’, and where ‘insanity displays itself not in
                                                  thoughts but in acts’.
                                                  French and other continental research on criminal responsibility, and on the mental and
                                                  physical make up of criminals in penal institutions, including the work of Delbrück, often
                                                  conceptualized and categorized arson, alongside murder, violent assault and rape/sexual
                                                  offences, not only as emotionally/vengeance motivated crimes, but as crimes of passion
                                                  (crimes passionnelles) (for the legal application of crimes passionelles, see: Guillais, 1991;
                                                  Harris, 1988, 1989; Lieberman, 1999). Citing Delbrück’s work, Griesinger (1867: 148)
                                                  accepted that ‘mental disease amongst criminals is more frequent in those who have
                                                  committed crimes from passionate motives’, including arsonists. In Victorian Britain
                                                  however, by contrast with France and the USA, as Weiner’s studies of legal and societal
                                                  attitudes to male homicide and provocation have elucidated, defences of provocation/crime
                                                  of passion were less common and less successful. By the 1880s, ‘intolerance’ of these
                                                  defences was becoming a marker ‘of British identity and superiority’, and similar
                                                  intolerance also appears to have furthered juridical resistance to special pleading based on
                                                  such medico-psychological doctrines as irresistible impulse (Weiner, 2004). Significantly, as
                                                  a marker of hardening Victorian attitudes to domestic violence, Weiner cited the sarcastic
                                                  commentary of the contemporary press in the form of the Pall Mall Gazette regarding the
                                                  1872 case of a drunkard homicidally pushing his drunken wife on the fire. Castigating the
                                                  Lancaster jury’s mitigating verdict on this case and the novelty of this form of spousal
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                                                  ‘correction’, this newspaper moreover satirized its putative defence via the doctrines of both
                                                  provocation and irresistible impulse.
                                                      [A] new mode of correcting wives – by placing them on the fire – is growing into
                                                      favour among husbands … no grosser provocation can present itself to an
                                                      intoxicated man than the discovery that his wife is intoxicated also; and when once
                                                      his passions are fully aroused … the idea of putting her on the fire would suggest
                                                      itself so naturally and with such irresistible force that to refrain from this act would
                                                      demand a larger measure of self-control than can be reasonably expected from our
                                                      weak and erring humanity. (Weiner, 1999: para 35)
                                                  Nonetheless, as Weiner also points out, declining provocation defences and ‘higher
                                                  expectations of personal self-control’ among the judiciary, were partially replaced by a
                                                  widened countenancing (especially among Victorian juries) of exculpatory evidence of
                                                  mental disease and an expanded ‘leeway for arguments of mental unsoundness’ (Weiner,
                                                  1999: paras 24–26, 35, 63–64).
                                                  Of course, as we have seen, revenge or ‘passion’ was far from the only motive ascribed to
                                                  insane arsonists. Many authorities, like Browne (1871: 150), highlighted the variety of
                                                  motives in such cases: ‘the power of motives varies in every individual mind, and in the
                                                  same individual at different times and seasons’. Baker (1892a: 1059) further elaborated that
                                                  while: ‘[some] imbeciles … are prone to … fire-raising … for the mere pleasure of seeing a
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                                                  blaze … from childish mischief or imbecile spite … [others] will stoutly deny any
                                                  knowledge of the crime, and … blame … some other person; another will take keen pleasure
                                                  in detailing the … fires he has caused’. Both pre- and post-1913, psychiatric specialists
                                                  remained deeply concerned with motive, and with tracing common patterns in the intent of
                                                  fire-raisers. Modern surveys have highlighted many of the same motivational patterns for
                                                  juvenile arson that Victorian and Edwardian specialists identified, including pathological
                                                  anger, curiosity, nostalgia, mischief, revenge, cries for help, heroism, irresistible impulse,
                                                  fetishism, while also stressing the importance of motive assessment in risk evaluation for
                                                  future firesetting and in selecting appropriate treatments (Faulk, 1982; Finkel, 2007; Gaynor
                                                  and Hatcher, 1987; Lewis and Yarnell, 1951; Wooden and Berkey, 1984). However, more
                                                  recent psychiatric stress on the heterogeneity of arsonists’ motives has sometimes
                                                  challenged the utility of motive-based typologies. Indeed, forensic psychiatrists have been
                                                  more critical recently of the specificity, ‘validity, utility and correlates’ of such motive
                                                  constructs, and the lack of convincing empirical data effectively comparing adult and child/
                                                  adolescent arsonists with differential motives and psychological dysfunction (Jacobson,
                                                  1985a, 1985b; Kolko and Kazdin, 1991).
                                                   forensic psychiatric experts dealing with arson, it was also seldom used by Broadmoor’s
                                                   medical men or indeed in contemporary patients’ case files and notes, and in official reports,
                                                   correspondence and minuted discussions. Medical and medico-legal practitioners tended to
                                                   stress pyromania’s exceptionality, to confine and subordinate its applicability beneath
                                                   broader diagnostic nosologies, and often to exclude cases of insane firesetting with
                                                   passionate/vengeful motivations. Yet many of the key debates and conclusions animating
                                                   these specialists about arson and mental unsoundness continue to have a place in current
                                                   psychiatric literature. Indeed, as I hope I have demonstrated, and as Whitlock (1999: 435)
                                                   noted with regard to Victorian kleptomania, it is striking how much of the interpretive
                                                   edifice of the pyromania diagnosis remains intact today. While in Victorian times those
                                                   diagnosed with pyromania tended primarily to be adult males with congenital mental defect,
                                                   in modern times this diagnosis is even more tightly circumscribed to adult ‘males, especially
                                                   those with poorer social skills and learning difficulties’ (Hales, Yudofsky and Gabbard,
                                                   2008: 791). Pyromania is now generally applied to denote repeated firesetting, for no
                                                   rational motive or for no motive other than fascination, gratification or relief in setting/
                                                   witnessing fires (Moore and Jefferson, 2004). Currently, according to strict application of
                                                   DSM-IV coding, pyromania is categorized under ‘Impulse Control Disorders Not Otherwise
                                                   Classified’, and is regarded as ‘an extremely rare phenomenon’ and as ‘a rare diagnosis with
                                                   questionable validity’ (Lindberg et al., 2005).
                                                   DSM-IV has narrowed pyromania down to a set of criteria that not only exclude most cases
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                                                   of arson committed by persons diagnosed with psychiatric illnesses, but which exclude most
                                                   child firesetters almost completely from such a diagnosis. The consensus is that firesetting in
                                                   juveniles must generally be differentiated from adult pyromania, and regarded as a
                                                   ‘communicative’ arson attributable to developmental issues, to Conduct Disorder, ADHD,
                                                   or Adjustment Disorder. DSM-IV-TR criteria for a pyromania diagnosis are as follows
                                                   (APA, 2004; Mavromatis, 2000: 70):
                                                       3.    Fascination with, interest in, curiosity about, or attraction to, fire and its situational
                                                             contexts (e.g. paraphernalia/equipment, uses, and consequences/aftermath, of fire).
                                                       5.    No other motives for setting fires, such as monetary gain; ideological convictions
                                                             (such as terrorist or anarchist political beliefs); anger or revenge; to conceal
                                                             criminal activity; owing to delusions or hallucinations; or impaired judgment (e.g.
                                                    Currently, also, most adult mentally ill arsonists, including most of the minority of repeat or
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                                          Acknowledgments
                                                    Funding: This work was supported by the Wellcome Trust, grant number 047082.
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                                                  Figure 1.
                                                  Baker’s (1889: 48) tabulation of Broadmoor arsonists’ diagnoses, 1864–86
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