Forensic Musings: The Metaphysics of 'Hedonic Loss'

American Journal of Forensic Psychiatry, Volume 32, Issue 4, 2011

12 Pages Posted: 3 Dec 2012

See all articles by Kenneth J. Weiss

Kenneth J. Weiss

University of Pennsylvania Dept. of Psychiatry

Date Written: 2011

Abstract

What do psychiatrists really know about loss and adaptation? A recent U.S. District Court ruling took on the question of hedonic loss in a case of a young man who committed suicide in jail. Amid the various opinions was the reiteration of a principle in New Jersey law, that the determination of loss of life’s pleasure was not related to the ability of the individual to perceive pleasure. Thus, in this case, the decedent could be entitled to hedonic damages during the interval between the discovery of the hanging and the death seven hours later. This article explores the theories of hedonic damages, the use of expert testimony in calculating them, and the differences between hedonic loss and pain and suffering. While the quantification of damages is the role of the forensic economist, the mental health expert can identify, characterize, and explain the underlying mental states.

Suggested Citation

Weiss, Kenneth J., Forensic Musings: The Metaphysics of 'Hedonic Loss' (2011). American Journal of Forensic Psychiatry, Volume 32, Issue 4, 2011, Available at SSRN: https://ssrn.com/abstract=2183805

Kenneth J. Weiss (Contact Author)

University of Pennsylvania Dept. of Psychiatry ( email )

3535 Market St
Room 4039
Philadelphia, PA 19104
United States
215-746-3068 (Phone)

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
38
Abstract Views
387
PlumX Metrics