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
favourite, urged the business with an indecent and arbitrary heat. From
the worst of the _Stuarts_, and the pedantic believer in witchcraft (for
_maleficium_[258] was then used in this sense) such conduct was not
extraordinary; in the present day we may boast with confidence that
similar interference would be impossible. With these defects, the case
of the Earl of Essex can be of little or no use to the medical jurist;
and unfortunately we have no other which is reported with sufficient
accuracy or authenticity; we say unfortunately, because though there may
be much of good policy and correct feeling in the determination of our
Civilians to conceal the detail of such cases from the public eye,[259]
yet by drawing their line too strictly, they run no inconsiderable risk
of totally excluding those lights of science, of which in so dark and
intricate a subject they must necessarily stand in need. It is true that
the ecclesiastical courts may have the benefit of medical evidence in
every case which is brought before them, but this evidence will be
necessarily imperfect, unless founded on previous study, and some
knowledge of the points, to which the practice of the Court will require
the witness to direct his attention. In France, where causes of this
kind may perhaps have been more frequent, and where less reserve is used
than suits our national character, several cases have been published,
for which see the _Collection des Causes celebres_, and _Bayle’s
Dictionary, tit. Quellenec & Parthenai_, with the references there
given.
We have stated that the defect of corporeal ability[260] may proceed
from mental or bodily causes; of the former the instances must be
exceedingly rare, and the latter are certainly not numerous: but the
reader will find the information which he may require upon this subject
in the following physiological illustrations.
VARIOUS QUESTIONS CONNECTED WITH THE FOREGOING SUBJECTS, ELUCIDATED BY
PHYSIOLOGICAL RESEARCHES.
1. OF AGES, ESPECIALLY THAT OF PUBERTY.
As the period of puberty is intimately connected with the subject of
Marriage, and as the age of an individual has many other important
relations with civil and criminal transactions, we shall take this
occasion to consider the several physiological points which the subject
necessarily comprehends.
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