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 very gross abuses which were formerly practised in Lunatic Asylums,
long required legislative interference, till by the _14th Geo._ 3, _c._
49,[512] many of the most glaring evils were remedied. As the act itself
is copied in the _Appendix, p._ 170, we do not now repeat all its
provisions; on a few points however some comment is necessary, and more
especially as an attempt has been lately made, and is likely to be
renewed, to alter the law on this subject. It is proposed that, instead
of confiding the choice of licensing and visiting commissioners to the
College of Physicians in London, a permanent officer (and the name of
the individual intended has been even mentioned) should be appointed by
government to execute those duties: however high the authority of the
officer of State to whom this selection is to be given, we must doubt
whether he can be so competent a judge of medical proficiency as the
learned body to whom the trust is now confided; and if he be not, the
interest of the public is compromised, that the patronage of the
minister may be increased; for, admitting that a permanent officer
should be appointed, there is no good reason why his selection should
not remain with a competent authority, which has not yet been found
unworthy of the trust reposed in them. Our principal objection, however,
is to the permanence of the appointment; under the present system much
benefit arises from the occasional change of visitors, by which means
the unfortunate patients are brought under the view of a greater number
of medical observers than could be otherwise obtained for them. A
permanent officer may soon be reconciled to abuses, and become callous
to suffering; while under the visitation of a temporary Committee the
subject is kept fresh and vivid with all the interest of novelty, at
least in the minds of the members last elected. The period for which
each member serves on the committee, (three years) and the extent of the
pecuniary emolument, hold out no inducement to jobbing or canvas, even
if the learned and honourable body would allow it, and a consequent
security is afforded, that none will be elected from undue motives;
there is always a risk of a contrary result when a well paid and
permanent office is made the object of patronage; an improper person is
frequently selected, and when those who have been originally well
appointed become incapable by age, infirmity, or other incapacity, there
is always a delicacy and difficulty in their removal.
Hitherto we have confined our observations to the Commissioners for the
London district[513], but our objections acquire additional weight when
we consider that if the proposed alteration be necessary on principle,
it must extend to the country, and consequently that above fifty
salaried officers must be appointed to the counties of England and Wales
alone.
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