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 insane mind, these parentheses of reason, have been technically
denominated a lucid interval, which in a former work[102:A] I have
endeavoured to explain, as far as such state becomes obvious to the
medical practitioner. Its legal force I do not pretend to calculate.
According to the legal interpretation of a lunatic, he ought, in common
justice, at those bright periods when he possesses an _extremely
sound mind_, to be lawfully allowed the free and valid exercise of
his volition. But having noticed in the work above mentioned that
the term _interval_ is extremely indefinite, as applied both to time
and space, it is the province of the law to define its duration
and extent. As a constant observer of this disease for more than
twenty-five years, I cannot affirm that the lunatics with whom I
have had daily intercourse, have manifested these alternations of
insanity and reason. They may at intervals become more tranquil, and
less disposed to obtrude their distempered fancies into notice. For
a time their minds may be less active, and the succession of their
thoughts consequently more deliberate;—they may endeavour to effect
some desirable purpose, and artfully conceal their real opinions,
but they have not abandoned or renounced their distempered notions.
It is as unnecessary to repeat that a few coherent sentences do not
constitute the sanity of the intellect, as that the sounding of one
or two notes of a keyed instrument, could ascertain it to be in tune.
To establish its sanity it must be assayed by different tests, and it
must be detected to be as lucid on the subject of those delusions,
which constituted its insanity, as on topics of a trivial nature. But
the law alone must determine whether it will consider an individual
sane act as a lucid interval, and infer soundness of _mind_, which is
the abstract term for all the intellectual phenomena, and implies the
aggregate of the ideas, of the individual, from a single and successful
effort.
[102:A] Vide Observations on Madness and Melancholy pages 44
and 210.
Public-domain text, read in full here on John Shaqi.
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