Medical Jurisprudence as it Relates to Insanity, According to the Law of EnglandHaslam, John
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Medical Jurisprudence as it Relates to Insanity, According to the Law of England
Haslam, John
Insanity (Law) -- Great Britain; Mental illness -- Jurisprudence
On a more attentive consideration, there appears to be something latent
and perhaps mischievous, in the terms GOOD and EVIL, RIGHT and WRONG,
as applied to cases of insanity. If an _insane_ person be responsible
for his conduct, I know of no law which sanctions his confinement. If
he can discriminate between GOOD and EVIL, RIGHT and WRONG, on what
pretence is he to be deprived of his liberty? Is it humane to suppose
him in his senses when he becomes most outrageous? Is it christian-like
to deem him responsible, because the violence of his disorder tears
down the fences of the law, or snaps the ties of natural affection?
Ought he to be punished when he is most to be pitied? If it be supposed
that the terror of example will prevent the sallies of the maniac, it
is a lamentable mistake. His belief in the GOOD of his principle, his
faith in the RIGHT of his actions, are superior to arguments,—his
motive cannot be controlled by reason, nor baffled by the fear of
punishment. Impressed with a _belief_ in the truth of his delusion,
he hurries forward to its accomplishment: and in the pursuit of the
phantom cannot be diverted by the most awful consequences. He is of
those
“quem neque pauperies
“Neque mors, neque vincula terrent.”
It is this firm belief, this fond indulgence of opinion which makes him
prefer seclusion to liberty; and leads him rather to forego existence
than renounce his delusion. It is the same principle, which in a good
cause, cheered the martyr at the stake, and raised his exultation while
the flame consumed him. It is this BELIEF, however erroneous, which
kindles enthusiasm in a cause, and arms us to defend it.
As the word BELIEF is important, it will not be considered
unnecessarily digressive to attempt an investigation of its legitimate
meaning. There are two modes of ascertaining the meaning of a word;
either by referring to its etymology, to discover the cause of
its application: or to collect the authorities which shew, that
certain persons who are accredited, have so employed it. By turning
to Dr. Johnson’s Dictionary the reader will find that the different
authorities which he has cited have used this word in different
acceptations. Without descending to the minutiæ of verbal examination,
and tracing back its derivation to its Gothic or Saxon radical, it may
be safely asserted, that to BELIEVE, originally implied to belove: to
be attached or partial to, independantly of any evidence which would
lead to demonstration. This belief is the immediate motive to action,
and although incapable of becoming the subject of demonstration itself,
is not to be set aside by the clearest and most forcible refutation.
“You may as well
“Forbid the sea for to obey the moon,
“As by an oath remove, or counsel shake
“The fabric of his folly, whose foundation
“Is pyld upon his faith.”
_Winter’s Tale._
Public-domain text, read in full here on John Shaqi.
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