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
As Krafft-Ebing says, “It is a logical, self-evident proposition that
the organ whose function under normal conditions is to bring about all
mental processes must be the seat of changes when these functions are
disturbed;” and Schüle adds, “The study of disturbances of the mind
involves the changes of the normal mental functions produced by
disease.... Mental diseases are brain diseases, but they are more than
that.” The normal action of the mind is a strange combination of
reason and impulse, varying greatly in different persons, and in the
same person at different times and under varying influences. The
relations of the one to the other, and their influence on action,
often change, under varying conditions and circumstances, in sane
persons, but still more in the insane.
Lord Bramwell once said that insanity is strong but not conclusive
evidence of innocence; and Lord Blackburn has stated that the jury
must decide in each individual case whether the disease of the mind or
the criminal will was the cause of the crime. The position of Sir
James Stephen in his _History of the Criminal Law in England_ best
states the most recent views of irresponsibility—namely, that “no act
is a crime if the person who does it is, at the time when it is done,
prevented either by defective mental power or by any disease affecting
his mind from controlling his own conduct, unless the loss of the
power of control has been produced by his own default.” He says that a
man laboring under such a defect of reason that he does not know that
he is doing what is wrong may be defined as one deprived, by disease
affecting the mind, of the power of passing a rational judgment on the
moral character of the act which he meant to do. There are persons too
insane to make a valid will by virtue of a single delusion, whose
right to vote, under the law prohibiting the insane from voting, would
not be questioned. Another {105} might not be held responsible for
crime, and still make a contract involving the rights of others
besides himself that would hold in law.
Bucknill's recent medico-legal definition of insanity is,
incapacitating weakness or derangement of mind produced by disease;
meaning, in criminal cases, inability of abstaining from the criminal
act, which would be expressed by Lord Bramwell's test, Could he help
it? Bucknill suggests as an amendment to the law of England that no
act is a crime if the person who does it is at the time incapable of
not doing it by reason of idiocy or of disease affecting the mind.
Public-domain text, read in full here on John Shaqi.
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