A Letter to the Right Honorable the Lord Chancellor, on the Nature and Interpretation of Unsoundness of Mind, and Imbecility of IntellectHaslam, John
Science
A Letter to the Right Honorable the Lord Chancellor, on the Nature and Interpretation of Unsoundness of Mind, and Imbecility of Intellect
Haslam, John
Mental illness -- Jurisprudence
there must be a finding that he is of _unsound_ mind, and unable to
manage his affairs:--incapacity to manage his affairs being considered
as evidence of unsound mind:--yet there may be, (and that every man's
mind will suggest) instances of incapacity to manage a man's affairs,
and yet _no_ unsoundness of mind." That many persons are extremely
misled with respect to a commission of lunacy, and too frequently
concerning all other subjects, is fully admitted: and it is equally
clear that the great mass of affidavits produced in 1814, in favor of
Lord Portsmouth's soundness of intellect (for I have attentively perused
the whole catalogue) did not go into the investigation of the supposed
difference between this hypothetical unsoundness and lunacy; but
attested, as far as his Lordship's conversation and conduct had been
the subject of their observation and judgment, that he was not a man
labouring under any infirmity, or morbid state of mind, that ought, by
any legal restraint, to disqualify him from the management of himself
and his affairs. With such opinions I have no concern; they can only be
regarded as negative evidence, and cannot operate against manifold overt
acts of insanity.
In the progress of this respectful address, after numerous but
unsuccessful endeavours to grapple with this _sort_ of unsoundness,
suspicions have arisen that I have been pursuing a phantom;--at times I
have fondly imagined it within my immediate grasp, but it has always
evaded my seizure with unaccountable dexterity:--it even now appears
that I could "clutch" it, as your Lordship distinctly asserts that,
"lunacy _properly understood_ is a _very different thing_ from that
_sort_ of _unsoundness_ which renders a man incapable of managing his
affairs or his person." This is at once coming manfully to the point;
for the disclosure (whenever it may take place) of the circumstances
that constitute lunacy properly understood, which means as it _ought_ to
be understood, a very different thing from this sort of unsoundness,
will be the solution of this desideratum,--and this development will
impose a considerable weight of obligation on the medical profession.
It now only remains to consider the last material sentence, delivered by
your Lordship at this conference, and which to my limited comprehension,
appears, in the same breath, to affirm and deny the same position. "The
finding of him incapable of managing his own affairs, is not sufficient
to authorize further proceedings, but there must be a finding that he is
of _unsound_ mind, and unable to manage his affairs:--incapacity to
manage his affairs, being considered as EVIDENCE of unsound mind."
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account