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
he was of an extreme imbecility of mind, that he has an inability to
manage his own affairs; if they will not proceed to infer from that,
in their finding upon oath, that he is of _unsound mind_, they have
not established by the result of the enquiry, a case upon which the
Chancellor can make a grant, constituting a committee either of the
person or estate. All the cases decide that mere imbecility will not
do; that an inability to manage a man’s affairs will not do, unless
that inability and that incapacity to manage his affairs amount to
evidence that he is of unsound mind; and he must be found to be so.
Now there is a great difference between inability to manage a man’s
affairs, and imbecility of mind taken as evidence of unsoundness
of mind. The case of Charlton Palmer in which this was very much
discussed, was the case of a man stricken in years, and whose mind,
was the mind of a child, it was _therefore in that sense_, imbecility
and inability to manage his affairs which _constituted_ unsoundness of
mind.” This is the law, the principle established for the regulation
of medical opinion; and it will be immediately perceived, that the
burthen of this ponderous machine, turns on the explanation which
may be given to the term unsoundness of mind. As far as the term
unsound is employed and understood by medical persons, it signifies a
morbid condition of the human constitution, or a morbid state of some
particular organ, and this state of unsoundness is inferred to exist
from particular and well marked symptoms, which experience has detected
to indicate, constitutional or local morbid affections. If this term
be transferred to mind, it is equally incumbent on the person who
employs it, to point out the particular symptoms or mental phenomena
which characterize this unsoundness of the individual’s mind. It ought
to be well considered that our knowledge of the intellectual faculties,
and of their operations is very limited, and that the progress of the
philosophy of mind, has borne no proportion to the rapid advances
which have been made by Anatomy, Physiology and Pathology, in the
structure, offices and morbid alterations of the body. All that we
can know of the mind of an individual is from the communication of
his ideas in terms or signs which are conventional between us, in
order to be intelligible, or from his actions. Thus by discourse,
which is imparted to the ear, or by intelligible characters presented
to the eye, which convey his thoughts, and by his conduct, we are
enabled to estimate the character of his mind. The lawyer has been
accustomed to receive mental phenomena as the only evidences of the
state of an individual’s intellect: he would be dissatisfied, and in
my own opinion, properly, with any bodily symptoms, such as peculiar
conformation of the head, excessive determination of blood thereto,
protrusion or glistening of the eye, increased pulsation of the Carotid
arteries, &c.—these may be indications to medical persons in the
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