Medical Jurisprudence, Volume 1 (of 3) — John Shaqi
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
The institution of medicine and jurisprudence, necessarily arose as the
consequence of the physical and moral infirmities of our nature, and
must, therefore, have been nearly coeval with the origin of society. In
the earlier periods, however, of the world, the connection between these
sciences could only have been slight, and scarcely, perhaps,
perceptible; although we are strongly inclined to believe that _Medical
Jurisprudence_ has an origin far more ancient, and an influence far more
extensive, than modern writers have been willing to concede; an opinion
which we are prepared to support by the authorities of profane as well
as sacred writers, and by the history of civilized as well as barbarous
communities. It must be admitted, that no inconsiderable a part of the
institutions of the great law-giver of Israel, was a wise system of
medical police, well adapted for the preservation of the health, and the
amelioration of those evils to which the inhabitants of a tropical
climate must have been exposed; and we read, that Moses was skilled in
all the learning of the Egyptians. In Leviticus,[2] commands are given
to the priests to visit the houses infected with the plague of leprosy,
or with any contagious disease; to examine the inhabitants; to establish
quarantine; to scrape and white-wash the houses; to shut them up, and,
in bad cases, to pull them down. If we descend into later times, we
shall discover the same policy of associating the institutions of
medical police with religious ceremonials; by which the performance of
duties, essential to the preservation of the health, was more
effectually enforced. The author has observed, in the historical
introduction of his “_Pharmacologia_,” that bathing, which at one period
of the world was essentially necessary to prevent the diffusion of
leprosy, and other infectious diseases, was wisely converted into an act
of religion, and the priests persuaded the people that they could only
obtain absolution by washing away their sins by frequent ablution;[3]
but, since the use of linen shirts has become general, and every one has
provided for the cleanliness of his own person, the frequent bath ceases
to be so essential; and, therefore, no evil has arisen from the change
of religious belief respecting its connection with the welfare and
purity of the soul. Among the religious impurities, and rules of
purification of the Hindus, we shall be able to discern the same
principle, although distorted by superstition.[4] So, again, it is easy
to perceive, that the dangers consequent upon vinous inebriation in a
hot climate, suggested the Mahometan prohibition of wine. The religious
ceremonial observed by the ancients, whenever they proposed to build a
town, or to pitch a camp, was evidently an act of legislation, founded
on a just principle of physiology; they offered a sacrifice to the gods,
when the Soothsayer declared, _from the appearance of the entrails_,
whether they were propitious or not to the design.
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