Anomalies of the English lawChester, S. Beach (Samuel Beach)
History
Anomalies of the English law
Chester, S. Beach (Samuel Beach)
Law; Law -- Great Britain -- History
Where several persons fire at one and the same time, it is practically
impossible to say which one is responsible for the shot which actually
causes death in the person fired upon. This ignorance has often helped
to soothe the soldier of sensitive conscience when, with others, he has
had to obey the order to fire on a spy or other person liable to death
under martial law. This indirectly suggests one of the most curious
possibilities of legal inadequacy. What is the position of a soldier
ordered by his officer to fire on a mob? Metaphorically, he is between
the devil and the deep sea. If he fires on the mob, he may be called
upon to account for his act to a civil tribunal, and thus be found
guilty of murder and hanged. While, on the other hand, if he does not
fire upon the mob, when so ordered by his officer, he may be tried by
court martial and shot!
To turn from murder to suicide and attempted suicide, much suggests
itself as anomalous and even absurd in the laws and customs of England
in this connection. There is an element of farce in the arrest,
detention and prosecution of some wretched man or woman who has
unsuccessfully endeavoured to escape from life.[30] Suicide attracts
numberless persons, excited by neurotic impulses. Sometimes a woman,
_enceinte_ and deserted by her lover, throws herself into a canal
or into the river. A man guilty of misappropriation, on the verge
of having his misdeed discovered, takes poison, shoots himself or
tries to jump in front of a railway train. If the poison comes up,
if the shot is inaccurate, or if there is a pit of salvation between
the railway metals, the would-be suicide may find himself before a
magistrate the next morning, with a burly policeman as his accuser.
A well-meant anomaly. When it has run its course, the accused may
be proceeded against by the person who has suffered through his act
of misappropriation. There are women who in moments of pique or
unreasoning rage, do away with themselves, largely because they cannot
conveniently vent it upon the cause of their discomfiture. Among
women-servants of inferior type, there is a tendency to commit suicide
because of some faithless lover, or other cause. These misguided
creatures generally first write a pathetic letter, disjointedly stating
their grievances, with the full confidence that it will be published in
the newspapers of the Sunday following the inquest. This strange vanity
throws a pitiful ray on the phases of the ignorant mind. Of course,
suicides are not confined to the lower or intermediate classes, but
they are more generally found among persons whose lot is not alleviated
by fortune or gentle birth.
Public-domain text, read in full here on John Shaqi.
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