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 bill introduced and passed through the House of Commons was thrown
out in the House of Lords; and when we reflect upon the legal acumen
which presides there, we feel confident that any future similar attempt
would meet a similar fate.[514]
The _14th Geo._ 3 exempts houses where only one patient is kept, from
license and inspection; they should at any rate be registered, and some
limited power of visitation be allowed to prevent abuses; the exemption
may be construed at present into a license for illegal imprisonment,
provided the jailor can afford a whole house to his victim.[515]
The custody of pauper and criminal lunatics,[516] and the erection of
asylums for their reception, is provided for by _Statute_ 48, _Geo._ 3,
_c._ 96, and 59 _Geo._ 3, _c._ 127;[517] but no provision has yet been
made for lunatic debtors; when it is considered how frequently the
calamity of lunacy is induced by pecuniary difficulty, it is not easy to
account for this omission. The observation of _Mr. Collinson_ on this
point may be applied to more subjects than are at present under our
consideration.
MEDICAL AND PHYSIOLOGICAL ILLUSTRATIONS OF INSANITY.
As the duties of the Jurist and Physiologist in the investigation of
mental derangement are distinct in their nature, if not different in
their object, so shall we find that the abstract terms used to denote
the form or degree of the malady have received from the two professions
a somewhat different latitude of acceptation. For legal purposes the
adoption of the term “_Non Compos Mentis_,” from the amplitude of its
construction, gets rid of those nicer distinctions and difficulties
which the pathologist is bound to encounter and investigate; the lawyer
only inquires whether such a state of mind exists, as actually
disqualifies the person in question from conducting himself with
propriety, or managing his affairs; but the medical evidence is bound
not only to give his opinion upon the case, but to state the reasons
which may have influenced his decision; and hence the necessity of his
becoming practically acquainted with those physiological distinctions to
which we have alluded. It has been stated that there are two conditions
of the human mind, either of which very justly deprives the subject of
the control of his person and property, and takes away from him all
criminal responsibility, viz. IDIOTCY, (_Amentia_) or a total deficiency
of intellectual power; and MADNESS, or a morbid perversion of it.
Between these two states we shall not have much difficulty in
discriminating; the idiot cannot reason at all; the madman reasons
falsely; the idiot acts from animal appetency, he has no will; the
madman wills, but his reason being disturbed, his actions are not
compatible with the usual relations of society.[518]
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