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
Your Lordship seems to consider that we have derived some advantages by
the issue of a commission to ascertain this _unsoundness_ of mind, and
without such due consideration, it is presumed you would not have
adopted it; but the citation of your own accurate phraseology, as it
appears in your judgment of 1815, on the Portsmouth petition, will best
illustrate the subject. "It seems to have been a very long time before
those who had the administration of justice in this department thought
themselves at liberty to issue a commission, when the person was
represented as not being idiot ex nativitate, as not being lunatic, but
as being of UNSOUND MIND, importing, by these words, the notion, that
the party was in _some such state_, as was to be contra-distinguished
from idiotcy, and as was to be contra-distinguished from lunacy, and yet
_such_ as made him a proper object of a commission in the nature of a
commission to inquire of idiotcy, or a commission to inquire of lunacy."
These words clearly imply a morbid state of intellect, which is neither
idiotcy nor lunacy, termed _unsound mind_, and yet the legal remedy for
the protection of the person and property of the possessor of this
_unsound mind_ does not differ from that which is applied to idiot and
lunatic. The process of law is the same. This undescribed state of
unsoundness is contra-distinguished from idiotcy and lunacy; but we are
left in the dark concerning the peculiar circumstances by which it is
contra-distinguished, and under such defect the advantages of
introducing a new and undefined term are not apparent. For what purpose
"those who had the administration of justice in this department thought
themselves at liberty" so to act, is not explained: but your Lordship
having adopted such practice, and highly commended the authority from
whence it has been derived, can, doubtless, afford the necessary
elucidation.
Public-domain text, read in full here on John Shaqi.
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