A Letter to the Right Honorable the Lord Chancellor, on the Nature and Interpretation of Unsoundness of Mind, and Imbecility of IntellectHaslam, John
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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
affairs _amount_ to evidence that he is of unsound mind; and he must be
found to be so. Now there is a great difference between inability to
manage a man's affairs, and imbecility of mind taken as _evidence_ of
unsoundness of mind. The case of Charlton Palmer, in which this was very
much discussed, was the case of a man stricken in years, and whose mind
was the mind of a child;--it was, _therefore_, _in that sense_,
imbecility, and inability to manage his affairs, which _constituted_
unsoundness of mind."
The introduction of the term _unsoundness_, to denote a particular state
of disordered mind, which is supposed to differ from idiotcy and lunacy,
has been the source of considerable perplexity to medical
practitioners; and, in my own opinion, opens an avenue for ignorance and
injustice. The application of figurative terms, especially when imposed
under a loose analogy, and where they might be supplied by words of
direct meaning, always tends to error and confusion.
When medical persons depose that the mind of an individual is unsound,
(which character of intellect, if accredited by the jury, would induce
them to find the commission,) they ought, at the same time, to define
precisely what they mean by such term:--and the jury, when they "proceed
to infer" this unsoundness, ought to be in possession of sufficient and
well-defined premises, to warrant such inference. But where are these
materials to be found? There is a strong presumption that this
unsoundness remains an unsolved problem to the present hour, and it is
exemplified in the difference of sentiment that prevailed on a late
occasion,[B] between the most eminent of the medical profession; where
the same opinions and conduct impressed certain physicians, that this
nobleman was of sound mind, and others that his mind was thoroughly
unsound: so that the jury were to _proceed to make their inference_ from
the opposite testimony, deposed by the medical evidence, or to proceed
to hold such evidence in little esteem from its contrariety on a subject
which these physicians professed to illustrate. The term unsoundness,
applied to designate a certain state of the human mind, hitherto
undescribed, has not originated with medical persons; to them,
therefore, we cannot refer for the solution of its import, and there can
be no analogy between the definite unsoundness of animal and vegetable
substances, and any condition of the intellect. Timber is said to be
unsound, and although we may be little acquainted with the cause by
which it is produced, yet its actual state of rottenness is evident:--a
horse is unsound, in consequence of some morbid affection that can be
pointed out by the veterinarian:--a dentist can detect an unsound
tooth:--a physician, from certain well marked symptoms, concludes that
the lungs or liver of an individual are unsound:--particular doctrines
are held to be unsound, because they deflect from such as are orthodox,
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