A Letter to the Right Honorable the Lord Chancellor, on the Nature and Interpretation of Unsoundness of Mind, and Imbecility of Intellect — John Shaqi
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
Speaking generally, the state of idiotcy is well understood, although
cases of an intricate nature may occasionally occur: but there is
considerable probability, that the interpretation that has adhered to
the term lunacy, more especially in the estimate of the lawyer, has been
the source of considerable error, and has also tended to introduce the
middle and undefined epithet of unsoundness. The old physicians, for
whom modern practitioners entertain less reverence than lawyers feel for
their predecessors, concurred, that lunatics were not only persons of
disordered mind, but that their intellectual aberrations corresponded
with certain changes of the moon: and this lunar hypothesis which had
beguiled the medical profession, will furnish a sufficient apology for
its adoption by the lawyer. It is a necessary consequence, if the moon,
at certain periods, shed a baneful influence on the human intellect,
that the intermediate periods would be exempt from its contamination;
or, speaking more technically, at certain phases of that luminary, a
person would be visited by an insane paroxysm, and at others, experience
a lucid interval. The belief in these alternations of insanity and
reason, is perspicuously stated in your Lordship's judgment of 1815, on
the Portsmouth petition. "The question whether he was a lunatic, being a
question admitting, in the solution of it, of a decision that imputed to
him, at one time, an _extremely sound mind_, but at other times, an
occurrence of insanity, with reference to which it was necessary to
guard his person and his property by a commission issuing."
Notwithstanding it must be admitted that
"There are more things in heaven and earth
Than are dreamt of in our philosophy;"
yet, in the present times, our faith in the influence of the lunar
aspects has considerably abated, and we employ the term lunatic as a
familiar expression, to denote a person of insane mind, without any
reference to its derivation, or supposed ascendency of the moon, which
my own observations have tended to disprove:--but as the phrase lucid
interval is, in its legal sense, connected with lunatic, some
investigation of its meaning becomes absolutely necessary.
Public-domain text, read in full here on John Shaqi.
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