Medical Jurisprudence as it Relates to Insanity, According to the Law of England — John Shaqi
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
“Power to cheat the eye with blear illusion,”
“_And give it false presentments_,”——
still he was persuaded that his perception was beguiled. Had he
believed in their existence and acted from a conviction of their
reality he ought to have been deemed insane. But under Nicolai’s own
relation of his capability to discriminate illusion from reality, the
conclusion is fully warranted, that he was a being responsible for his
actions.
It may here be proper to direct the attention of the reader to the
motives which have frequently impelled those of unsound mind to the
injury or destruction of their fellow creatures:—and from my own
experience many have been prompted by a dream or vision, which has
been so distinctly revealed and forcibly impressed, that it has
carried the conviction of reality and divine command. Some hear voices
and obey the mandates which are thus whispered from a BELIEF in the
superior authority which has issued them; and after an outrage has
been perpetrated by one of these maniacs, it is astonishing with what
coolness and satisfaction he will attempt to justify its necessity, and
even undismayed advance to the scaffold. If therefore, there be the
same BELIEF in delusion as in reality—if the maniac be persuaded that
his vision has brought him into the presence of the Almighty, or that
the fancied voice is the divine command, he becomes the subject of pity
and protection, but not of punishment. If he be acknowledged insane
upon many subjects, and kills another, should he be supposed of sound
mind on account of having committed such outrage? Is he to be judged
from the state of his intellect, or by the atrocity of the action?
However the maniac may direct the sallies of his violence and
resentment against the lives of others, frequently of those to whom he
is nearest allied, or bound by obligation and friendship: yet there is
another feature which his disorder assumes, and which always secures
the commiseration of mankind. It more frequently occurs in the deranged
state of these pitiable persons that they seek to revenge on themselves
the supposed crimes they have committed. In our own country, there are
more lunatics who destroy themselves, than attempt the lives of others;
and in these cases the Coroner’s jury has always agreed on a merciful
interpretation. Indeed there are but few instances of the impotent
folly of degrading the carcass, excepting where self-destruction has
anticipated the rigour of the law.
Public-domain text, read in full here on John Shaqi.
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