A system of practical medicine. By American authors. Vol. 5 : $b Diseases of the nervous system
Science
A system of practical medicine. By American authors. Vol. 5 : $b Diseases of the nervous system
Medicine -- Practice
The free agency of the individual is affected or modified in many
different ways by the different diseases of the mind, and the question
of responsibility will often be found to be one of the most perplexing
problems with which the physician has to deal. If well-marked forms of
insanity alone were to be investigated, the matter would be
comparatively a simple one; but such is far from always being the
case. The insane man often commits certain crimes precisely as an
ordinary sane criminal would do the same thing. Often the evidence is
contradictory, the testimony as to previous life and character
conflicting, and the disease of so obscure a stage or type that it is
almost impossible to form a clear opinion. The determination of a
man's degree of free agency is no simple affair which can be decided
in all cases by a few or a few dozen interviews. Not seldom the
mystery remains unsolved after the autopsy. Man's free will is not the
property of any substance which can be demonstrated by chemistry,
physiology, or microscopical research, but it is the result of the
combined action of a whole group of functional activities the very
relations of which to each other are as unknown as their method of
action. No stethoscope or ophthalmoscope can reveal its morbid action,
which can only be inferred indirectly from the operations of the mind.
The cases in which the physician is called upon to define insanity as
the term is used by the lawyers are (1) to secure limitation or
control of an individual's actions, usually by a guardianship; (2) to
control him absolutely in an asylum; (3) to estimate his culpability
or criminality, or {102} his capacity to make a will or contract or to
transact business. It is quite important, therefore, that the medical
man should understand that there may be, as regards some particular
person, a wide difference between medical insanity or mental disease
and legal insanity or irresponsibility. He does most wisely when he
confines his testimony to an explanation of the changes caused by
disease in the particular case, and to the effect of such changes upon
the mind, leaving to the judge's charge and the jury's verdict the
questions of guilt and responsibility.
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