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
Science
Medical Jurisprudence as it Relates to Insanity, According to the Law of England
Haslam, John
Insanity (Law) -- Great Britain; Mental illness -- Jurisprudence
From the observations which have been detailed concerning unsoundness
of mind there is, according to legal construction, an evident
connection between unsoundness and imbecility. My object, however, is
not the interpretation of law, but the exposition of nature and fact.
It alone interests me to describe the phœnomena of mind—to compare the
performance of its offices in a sound and morbid state—and to measure
by the accredited standard of common sense and intelligible reasoning,
the degree of imbecility, inability, or incapacity, which disqualifies
an individual to conduct himself and manage his affairs.
The necessity of legal interference and protection in cases of
insanity, having been sufficiently adverted to; it now remains to
shew that a person from imbecility of mind may be equally incompetent
to the management of himself and affairs. The mind may be weak from
birth, or it may at any period of life become enfeebled by disease.
Like the body it has its regular periods of growth and development,
of maturity and declension: but they are not periodically connected.
An unusual precocity of mental vigour has been occasionally remarked;
and in advanced age the wisdom of the man frequently survives the
infirmities of the body. Men are relatively competent, wise or foolish,
learned or ignorant, compared with others. On the scale of intellectual
being, we may place the philosopher at the summit, at the bottom the
degraded ideot: and in the population of this world the intermediate
range is adequately filled up. There are many considerations which
demand attention on this important subject. To state that certain
acquirements were to be attained as the proof of competency, would be
an imperfect criterion. Much might be acquired _memoriter_, which the
learner would not understand: a very feeble intellect, insufficient for
the purposes of human affairs, might be trained to answer correctly
a string of known questions, without being able to comprehend or
adapt them to any useful purposes. It should likewise be considered
that the different departments of employment require very different
degrees of mental capacity. A person might be able to manage duly a
small income, who would be inadequate to the distribution of a large
revenue: a man might be competent to keep a shop, who would become
overwhelmed and distracted in the learned professions: a country
squire might gallop hospitably through life, without being able to
discharge his duty as a magistrate. It is not the want of acquirement
that should disqualify an individual; many persons from distaste,
indolence, from neglect of parents and guardians, remain lamentably
ignorant in the current acceptation of the words—they are unable to
write or read, they are unacquainted with the symbols which represent
numbers: yet with these deficiencies they are enabled to conduct
themselves in the world. Speech itself is not absolutely necessary;
Public-domain text, read in full here on John Shaqi.
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