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
treatment of insanity, but they do not constitute any direct evidences
of mind. On the scale of intellectual capacity there is an extensive
range, some are eminently gifted, and others so sparingly supplied
that they are unfit for the common purposes of life, and require to
be protected. These are Ideots ex Nativitate. If it be attempted to
teach them, they are deficient of the capacity to acquire sufficient to
manage the property they may be possessed of, or to conduct themselves.
Is it here incumbent on the medical practitioner to state that this
natural deficiency of intellect arises from unsoundness of mind, or
that the unsoundness is the effect of such deficiency: in order that
the individual may experience the wise, politic, and humane protection
of the law?—It frequently occurs that those of extensive capacity and
high attainments are by an apoplectic or paralytic attack suddenly
deprived of their intellectual faculties, and reduced to the state of
an ideot ex nativitate. Is it in this case necessary, for the legal
protection of the party, to insist on the hypothesis of unsoundness?
Is it insufficient to detail the miserable remnants of his former
state, and exhibit to the jury the shocking spectacle? Must there be a
compulsion to infer, that this abolition of the faculties amounts to
evidence of the unsoundness of his mind? We are acquainted with the
mind from the phœnomena it displays; but the cause of these phœnomena
is to us inscrutable: by discourse and conduct we infer its soundness,
by the same evidences its unsoundness must be detected. This appears
however to militate against the dictum of law, which states, “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 he was of an extreme imbecility
of mind, that he has an inability to manage his 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
their enquiry, a case, upon which the Chancellor can make a grant
constituting a committee either of the person or estate.” Is not this
extreme imbecility of mind and inability to manage his affairs the only
evidence of his unsoundness of mind? if not, what further is required?
for it is not necessary, according to law, that he should be a lunatic.
If these be insufficient to constitute him of _unsound mind_, then the
inference is clear and warranted, that he may be of extreme imbecility,
and have an inability to manage his affairs, and, notwithstanding all
this, may be of _sound mind_: and if _unsoundness_, be _some such
state_, as may be contradistinguished from idiotcy and lunacy, then an
ideot and a lunatic may be of _sound mind_.
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