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
Idiotcy may exist from birth,[519] (_Amentia Congenita_ Cull. Syn. LXV,
1,) or it may be the effect of Old Age, _Dotage_ (_Amentia Senilis_
Cull. Syn. LXV, 2,) or it may arise at any period of life from the
operation of various causes affecting the functions of the brain, such
as epileptic fits,[520] intense study, intemperance, the depressing
passions, especially grief, fevers, paralysis, and mania, (_Amentia
acquisita_ Cull. Syn. LXV, 3.) In some cases fatuity is symptomatic of
another disease.
The law, as we have already stated, makes an important distinction
between that species of idiotcy which is congenital, _de nativitate_,
and that which may occur in after life; and upon this point, as well as
upon the extent of the malady, and the probability of its cure, the
medical practitioner may be called upon to give an opinion. In cases of
congenital idiotcy there will not be much difficulty in pronouncing
judgment, for as it arises from malformation of the cerebral organ, the
prognosis must be adverse to every hope of recovery; while the
characteristic physiognomy of the unfortunate individual is generally so
striking as to enable the common observer at once to ascertain the
existence of idiotcy. The vague expression of his countenance is
commonly associated with an awkwardness in the gait, which would seem to
depend upon a defect in the muscular powers; there is, moreover, a
degree of incontinence with respect to the excretory discharges of his
body; and owing to a carelessness in not swallowing the saliva, there is
a constant drivelling from the mouth; the speech is imperfect, and the
extent of this deficiency may, in general, be considered as a good
indication of the degree of fatuity, for it is necessary to state, that
all idiots are not of the same degree of intellectual depravity; some
possess more memory than others, and display a talent for imitation;
they will whistle tunes correctly, and repeat passages from books, which
they have been taught by ear, but they are incapable of comprehending
what they repeat; under such circumstances medical evidence may be
required for the purpose of obtaining an estimate of the capacity of
such an individual, and upon this subject _Dr. Haslam_[521] has offered
the following judicious remarks: “It has occurred to me, in many
instances, to be consulted concerning persons whose minds have been
naturally weak, or enfeebled by disease, and it always appeared that by
patient enquiry, a satisfactory estimate of their capacity might be
instituted: the person exercising his judgment upon this question ought
particularly to ascertain the power of the idiot’s attention; since his
knowledge of objects, and his memory of them, will depend on the
duration of his attention; it will also be indispensably necessary to
investigate his comprehension of numbers, without which the nature of
property cannot be understood; if a person were capable of enumerating
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