Medical Jurisprudence, Volume 1 (of 3)Paris, John Ayrton
Science
Medical Jurisprudence, Volume 1 (of 3)
Paris, John Ayrton
Medical laws and legislation -- Great Britain
HAVING thus considered, as far as the limits of our work will allow, the
Charters, Statutes, Laws and Privileges which regulate the several
Public and Corporate Bodies instituted for securing the more regular
practice of Medicine[229] in all its branches: and having commented also
on the Rights, Immunities, and Liabilities, to which Medical
Practitioners are entitled, or subjected, in their several individual
capacities, and enumerated the prominent subjects relating to public
health, it now remains for us to enter into the discussion of the most
important branch of our subject; the most important because, though
questions affecting corporate or individual privileges may be and
occasionally are of great interest to the public, yet the general
administration of justice, as affecting all classes of men in the
enjoyment of their natural and acquired rights, stands on higher ground,
and demands the best attention of all those who either as principals or
assistants; who as judges, advocates, witnesses, or even spectators, are
concerned in its due execution. For this reason, we are about to draw
the attention of Medical practitioners to the nature and importance of
the evidence, which they may be required to give in Courts of Law, on
various subjects in which their science is not merely ancillary, but in
the highest degree essential to the ends of justice. Nor are these
subjects limited, as might at a first and superficial view appear, to
the testimony required of physicians and surgeons in criminal cases, but
extends in a greater or less degree through every branch of
jurisprudence; nor can we yet assert that we have anticipated every
point on which medical, chemical, and surgical questions may arise; as
recent examples have evinced, that the rapid progress of science which
has marked the last half century above all others, is daily eliciting
new points both for scientific and judicial enquiry. We must therefore
for the present content ourselves with following that arrangement of our
subject which is afforded by a natural and immutable scale,—the life and
propagation of the human species, from its commencement to its
close:—prefacing the subject with some short remarks on the nature of
evidence; not indeed as a legal guide to the medical witness, but to
point out to him the sources of higher and more general information.
OF MEDICAL EVIDENCE GENERALLY.
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