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
Pliny[20] cites an early instance of contested interpretation of
post-mortem appearances in the case of Germanicus, who died A.D.
19, by the action of poison, said the enemies of Piso, because the
heart did not burn. The friends of Piso, while admitting the fact
of non-consumption, attributed it to the deceased having had heart
disease. The same author[21] quotes Masurius as having declared a child
born after thirteen (lunar) months to be legitimate, in an action for
the possession of property, on the ground that no certain period of
gestation was fixed. The Emperor Hadrian (A.D. 117-138), according to
Gellius, sought medical information in a similar case, and decreed the
legitimacy of a child born in the eleventh (lunar) month, “after having
considered the opinions of ancient philosophers and physicians.”[22]
Although the Justinian collections, the “Codex” (A.D. 529), the
“Institutes” (A.D. 533), the “Digests,” or “Pandects” (A.D. 534),
and the “Novels” (A.D. 535-564), prepared by the best legal talent
of the age, under the direction of Tribonian, do not provide for the
summoning of physicians as witnesses; they contain an expression which
indicates that at that time the true function of the medical expert
was more correctly appreciated than it is to-day. His function was
stated to be judicial rather than that of a witness.[23] There is
also a provision that in cases of contested pregnancy, midwives (who
were considered as belonging to the medical profession) should, after
examination of the woman, determine whether or no pregnancy exist, and
that their determination should be final. The practice of medicine,
surgery, and midwifery was regulated. Those desiring to practise must
have been found competent by an examination. The number of physicians
in each town was limited. They were divided into classes, and were
subject to the government of the Archiatri. Penalties were imposed upon
those guilty of malpractice or of poisoning. The Justinian enactments
contain abundant internal evidence of having been framed in the light
of medical knowledge. They contain provisions relating to sterility
and impotence, rape, disputed pregnancy, legitimacy, diseased mental
conditions, presumption of survivorship, poisoning, etc., which
indicate that the medical knowledge of the time was fully utilized in
their construction.[24]
The Germanic peoples at about the same period possessed codes in
which traces of a rudimentary medical jurisprudence existed. The most
ancient of these was the Salic law (A.D. 422), in which the penalties
to be paid for wounds of different kinds are fixed. The Ripuarian law,
of somewhat later date, takes cognizance of the crime of poisoning.
The laws of the Bavarians, Burgundians, Frisians, Thuringians, and
Visigoths contain practically nothing of medico-legal interest. The Lex
Alamannorum has numerous provisions relating to wounds, and expressly
provides that the gravity of the injury shall be determined by a
physician.[25]
Public-domain text, read in full here on John Shaqi.
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