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
found not lunatic by a jury legally constituted to enquire into the
state of his mind, would be the strongest bar to a plea of insanity in
a criminal court, who after such proceedings would be little disposed
to credit the theories of medical metaphysicians.
It is not necessary to enter on an investigation, or to enumerate all
the particular states of mind which may be comprehended under the
terms Insanity, Madness or Lunacy, but it is a subject of grave and
important enquiry to ascertain what degree of mental derangement, or
imbecility ought to disqualify an individual from being the master
of his person and property. It has sometimes occurred that persons
evidently under mental derangement have for months continued to
transact their affairs with prudence, and have conducted themselves
quietly in society. Notwithstanding the disordered state of their
ideas, they have not obeyed the impulse, nor followed the direction
of their insane opinions, and have forborn to act to their own
detriment or to the annoyance of others. Several of such instances
have fallen under my own observation: but the greater part have
eventually destroyed themselves, or become so furious that seclusion
was absolutely necessary. It is therefore impossible, under a state of
existing insanity to predict the future conduct of an individual thus
affected, or to become responsible for the continuance of his harmless
disposition.
In the discussion of this question it should be kept in view that the
medical evidence is called upon to state, in the first place, that
the person is of insane mind: and secondly, that in consequence of
such state, he is incapable of conducting himself or of managing his
affairs. If it be a matter of general and legitimate inference, that
a person of insane mind is consequently unable to the management of
himself and affairs; the proof of his insanity necessarily involves
his incompetency: if it be supposed that, although of insane mind, a
man may be capable of conducting himself and his affairs, it is then
incumbent on the medical practitioner to shew from the nature and
tendency of his particular insanity that he is unfit to be trusted with
either. Such prediction must necessarily be the result of copious
experience, and formed in the way of a general conclusion, and it
should be understood that this opinion of his incompetency regards
his existing condition of mind at the time of the legal enquiry.
Although a person might labour under a variety of mental infirmities,
which by medical practitioners might be technically denominated false
perception, delusion, hallucination, &c. still if these symptoms did
not go to the extent of disqualifying him from conducting himself and
managing his affairs, such symptoms in a legal point of view would,
probably, not amount to insanity, nor justify the restraint of a
commission of lunacy. It is true such symptoms seldom occur without
producing the incompetency which the law regards as the warrant for its
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