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
It will be seen by the note from _Co Litt_, quoted under the preceding
head, that by the law of England a monster cannot inherit; but the
question as to what constitutes a monster is left vague and
undetermined. It can seldom have been necessary to agitate this point,
since few well attested instances are recorded of any monster, which has
materially deviated from the human form,[356] having long survived its
birth. Some curious instances, however, have occurred of twins who,
having become united in the womb by an obvious operation of nature,[357]
have lived for several years.[358] Whether each body should possess
separate legal rights would probably be determined by the question
whether each possessed the vital organs necessary for a separate
existence, if, bating the danger of the operation, they could be
corporeally severed. Is it necessary to inform the midwife that he is
not authorised to destroy any production however monstrous![359]
The case of Hermaphrodites, or rather of those who may have been deemed
such, stands on different grounds; in the physiological illustrations of
this subject, the circumstances will be investigated which have led to
erroneous conclusions upon this point. In a legal view, it is only
necessary to caution the medical attendants to be more careful in the
investigation of such cases of doubt, especially where succession to
property may depend on the sex of the child. The case of the celebrated
_Chevalier D’Eon_, may long serve as a warning to those who would judge
of the doubtful sex of a party by any ordinary and external
distinctions;[360] while that related in the _causes celèbres_ of a
female[361] who, on account of a _prolapsus uteri_, was pronounced by
the sagacious physician at the Hotel Dieu to be an hermaphrodite, is
sufficient to shew the futility of any personal examination, unless
conducted by a skilful anatomist.
PHYSIOLOGICAL ILLUSTRATIONS CONNECTED WITH THE FOREGOING SUBJECTS.
The investigation of the preceding subjects necessarily comprehends
within its range a series of physiological questions of great
importance, the solution of which is essential to the establishment of
just and satisfactory conclusions; we therefore now proceed to the
consideration of _Conception_: a subject which in relation to
Legitimacy, and the various legal questions dependant on it, may be
considered as the basis upon which the superstructure rests, or the
trunk from which the various ramifications of inquiry must proceed.
OF CONCEPTION AND UTERO-GESTATION.
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