Medical Jurisprudence, Forensic medicine and Toxicology. Vol. 1Witthaus, R. A. (Rudolph August)
Science
Medical Jurisprudence, Forensic medicine and Toxicology. Vol. 1
Witthaus, R. A. (Rudolph August)
Medical jurisprudence; Poisons; Toxicology
Forensic medicine is an applied science, partly legal, partly medical,
calling for information and investigation in widely divergent lines,
and becoming more minutely ramified with the progressive advances in
medical knowledge and in those sciences of which medicine is itself
an application. Its development has been dependent partly upon the
slow though progressive tendency of medicine from the condition of an
empirical art toward that of an exact science, and partly upon the
more rapid and more advanced development of criminal jurisprudence.
Medical jurisprudence had reached a high development during the early
history of the Roman Empire, and at a period long anterior to the first
recognition of forensic medicine.
Although the literature of modern medico-legal science is very
largely written from the medical point of view and by physicians, its
earlier history is to be found in fragmentary form, partly in medical
literature, but principally in the writings of historians, in the
earlier criminal codes, and in the early records of legal proceedings.
In the earliest historical periods the functions now exercised by
the priest, the lawyer, and the physician were performed by the
same person, who, presumably, made use of what medical knowledge he
possessed in the exercise of his legal functions. Among the Egyptians
at a very early period it is certain that medical questions of fact
were considered in legal proceedings, and that the practice of medicine
was subject to legal regulation. According to Diodorus,[2] “when a
pregnant woman was condemned to death, the sentence was not executed
until after she was delivered.” The same author tells us[3] that “the
physicians regulated the treatment of the sick according to written
precepts, collected and transmitted by the most celebrated of their
predecessors. If, in following exactly these precepts which are
contained in the sacred books, they did not succeed in curing the sick,
they could not be reproached, nor could they be prosecuted at law; but
if they have proceeded contrary to the text of the books, they are
tried, and may be condemned to death, the legislator supposing that but
few persons will ever be found capable of improving a curative method
preserved during so long a succession of years and adopted by the most
expert masters of the art.” With the system of legal trial in use among
the Egyptians[4] it is difficult to imagine that the question of the
existence of pregnancy in the one case, or of malpractice in the other,
would not be the subject of contest, and, if contested, determined
without the testimony of obstetricians or of physicians.[5]
Medical knowledge among the Hindoos was further advanced than among
the Egyptians. In the Rig Veda (about 1500 B.C.) occur a few medical
references, among which is the statement that the duration of pregnancy
is ten (lunar) months.
Public-domain text, read in full here on John Shaqi.
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