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
Delirium,[508] in the ordinary acceptation of the word, is the temporary
derangement of intellect consequent on acute disease; it may be
distinguished from lunacy or madness by the invariable presence of
fever, and it ceases as its exciting causes subside; this therefore
operates no permanent incapacity; for though the patient cannot be
permitted to do any act, or execute any instrument to bind his property
or estate, and would not be held responsible for any crime committed
during such temporary alienation of intellect, yet he becomes competent
to act, and responsible for his actions as soon as the paroxysm and its
consequences are clearly over.
But there is yet another species of mental disorder which, since it does
not incapacitate the patient from performing the ordinary duties and
offices of life, does not subject him to the inconveniences of
commission of lunacy, or exempt him from criminal responsibility; we
mean those partial insanities which are marked by peculiar and
unaccountable dislikes, fancies, and apprehensions, a mental
idiocyncrasy on some one particular subject.[509]
* * * Fuit haud ignobilis Argus
Qui se credebat miros audire tragædos,[510]
In vacuo lætus sessor plausorque theatro;
Cætera qui vitæ servaret munia recto
More; * * * * *
* * * * * *
Hic ubi cognatorum opibus curisque refectus
Expulit elleboro morbum bilemque meraco,
Et redit ad sese: Pol me occidistis, amici,
Non servastis, ait; cui sic extorta voluptas,
Et demptus per vim mentis gratissimus error.
_Hor. Epis._ 2, _L. ii. v._ 128.
To take out a commission of lunacy against such a man would be a greater
cruelty than to cure him, and yet occasionally some legal interference
may be necessary.
When a man suffers under a partial derangement of intellect, and on one
point only, it would be unjust to invalidate acts which were totally
distinct from, and uninfluenced by, this limited insanity; but if the
act done bears a strict and evident reference to the existing mental
delusion, we cannot see why the law should not also interpose a limited
protection, and still less why Courts of Equity, which, in their
ordinary jurisdiction relieve against mistake, should deny their aid in
such cases.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account