Medical Jurisprudence as it Relates to Insanity, According to the Law of England — John Shaqi
Medical Jurisprudence as it Relates to Insanity, According to the Law of EnglandHaslam, John
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Medical Jurisprudence as it Relates to Insanity, According to the Law of England
Haslam, John
Insanity (Law) -- Great Britain; Mental illness -- Jurisprudence
In the case referred to of Charlton Palmer, who was 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.” Here the imbecility and inability
to manage, _did_ constitute the unsoundness: the words _therefore, in
that sense_, evidently refer to his mind being “the mind of a child,”
which is perhaps a mode of expression more familiar than accurate; as
no one could properly infer, that the mind of a child was necessarily
unsound.
If the word unsoundness be particularly examined, and for that purpose
we consult Dr. Johnson’s Dictionary, we shall find it employed in
three different senses, but no one in which it implies any particular
condition of mind:—the adjective unsound has a dozen different
meanings, but none in the sense of vitiated intellect. From authority
therefore we obtain no information. If we proceed to its derivation, we
shall find that our Anglosaxon ancestors by the word SUND (whence our
SOUND) meant precisely the Latin SANUS. UNSUND Anglosaxon, or unsound
English, would therefore be of equivalent meaning with the Latin
INSANUS.
In those instances where the word unsound is used in our own
profession, it designates something cognizable by the senses. An
unsound tooth bears in its external character or internal feeling,
sufficient evidence of its unsoundness. A fistulous sore may appear
to be healed, but the skill of the surgeon can readily detect that it
is unsound at the bottom: and both the dentist and the surgeon can
give sufficient reasons, as the foundation of their opinion. Unsound
doctrine, differs from that which is orthodox in certain particulars or
essential points, which constitute its unsoundness.
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