Medical Jurisprudence as it Relates to Insanity, According to the Law of EnglandHaslam, John
Science
Medical Jurisprudence as it Relates to Insanity, According to the Law of England
Haslam, John
Insanity (Law) -- Great Britain; Mental illness -- Jurisprudence
Finally, it is necessary to observe that insanity may be counterfeited
by the criminal, in order to defeat the progress of justice;—and with
this view, may attempt to impose on the medical practitioner. During
the course of my experience I have witnessed only two attempts of
such imposture, and in both instances the deception was so clumsily
executed, that it required but little knowledge of the disorder to
detect it. To sustain the character of a paroxysm of active insanity
would require a continuity of exertion beyond the power of a sane
person;—they do not keep up the deception when they suppose themselves
alone and unwatched;—the assumed malady then disappears, and the
imposture is re-commenced when they are in the society of others. They
are likewise unable to prevent sleep. If they endeavour to imitate
the passive form of this malady, which is an attempt of considerably
greater difficulty, they are deficient in the presiding principles,
the ruling delusion, the unfounded aversions, and causeless attachments
which characterize insanity—they are unable to mimic the solemn
dignity of systematic madness, nor recur to those associations which
mark this disorder; and they will want the peculiarity of look, which
so strongly impresses an experienced observer.
* * * * *
It now remains to treat of that morbid condition of intellect which
requires the interposition of the law to protect the person and
property of the party so affected.[61:A] The general reasoning
which has been adopted concerning insanity, in criminal cases, will
equally apply to the present subject; but there are some particular
considerations deserving attention in this part of the enquiry. The
members of the medical profession have long and anxiously endeavoured
to frame a definition of insanity, which is an attempt in a few words
to exhibit the essential character of this disorder; so that it may be
recognized when it exists;—these efforts have been hitherto fruitless,
nor is there any rational expectation that this desideratum will be
speedily accomplished. The Lawyer has taken a different view of the
subject: he has been little solicitous to become acquainted with the
physiological distinctions of disordered intellect, or the causes
producing such state:—these he has confided to the medical evidence
to explain. His enquiry has been directed to ascertain if such state
of mind prevails, as actually disqualifies the particular person
from conducting himself, or managing his affairs, and he expects
from the medical evidence sufficient proofs of such incompetence. To
this condition of intellect, when satisfactorily demonstrated, the
law applies its remedy and protection. This incapacity of conducting
himself, or of managing his affairs, arising from a morbid state of
intellect;—whether it be from perversion of mind or imbecility, is in
the estimation of the lawyer equivalent to a definition of insanity,
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account