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
restraint, and fulfils the legal interpretation of insanity.
The employment of terms in an ambiguous sense has ever been the
bane of philosophy, and the obstacle to its advancement. Without the
meaning of important words be accurately defined, no general reasoning
can be established. On some occasions the term UNSOUND MIND
has been introduced, and considerable emphasis has been laid on it by
lawyers; as possessing an intrinsic meaning, and designating a peculiar
state of morbid intellect, not _precisely similar_ to insanity, but
of equivalent effect in depriving a person of the management of
himself and affairs. It is of the utmost importance that the term
_unsound mind_ should be fully and accurately considered. Had this
term originated from medical persons, it is most probable they would,
at least have endeavoured to explain it; but it is of higher descent,
and adopted by those luminaries of the law to whom we look up with
confidence and respect. The force and extent of the term unsound mind
are described in the luminous judgment of the present Chancellor on
a recent case. Of this learned exposition of the law, every medical
practitioner should be informed, as it will serve to guide him, when
he is called to give his deposition on the state of a patient’s
intellect. In the judgment adverted to, his Lordship observes, “I have
searched, and caused a most careful search to be made into all the
records and procedures on lunacy which are extant. I believe, and I
think I may venture to say, that originally commissions of this sort
were of two kinds, a commission aiming at, and enquiring, whether
the individual had been an ideot ex nativitate, or whether, on the
other hand, he was a lunatic. The question whether he was a lunatic,
being a question, admitting in the solution of it, of a decision
that imputed to him at one time, an extremely sound mind, but at
other times an occurrence of insanity, with reference to which, it
was necessary to guard his person and his property by a commission
issuing. It seems to have been a very long time before those who had
the administration of justice in this department, thought themselves
at liberty to issue a commission, when the person was represented as
not being ideot ex nativitate, as not being lunatic, but as being
of _unsound mind_, importing by those words, the notion, that the
party was in _some such state_, as was to be contradistinguished from
idiotcy, and as he was to be contradistinguished from lunacy, and yet
_such_ as made him a proper object of a commission _in the nature_
of a commission to enquire of idiotcy, or a commission to enquire
of lunacy. From the moment that that had been established, down to
this moment, it appears to me however to have been at the same time
established, that whatever may be the degree of weakness or imbecility
of the party—whatever may be the degree of incapacity of the party
to manage his own affairs, if the finding of the jury is only, that
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