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
Before we proceed to consider the several questions which may arise for
the consideration of the medical witness, in the discharge of his
forensic duties, we shall offer a few observations upon a point which
has frequently given rise to discussion—Whether the existence of
insanity cannot be equally, or in some cases, more satisfactorily
established, or disproved, by witnesses who are not of the medical
profession? by persons, for instance, who have had opportunities of
observing the individual, where the same advantages have not been in the
power of the practitioner. To this we may reply, that the opinions of
the generality of persons on the subject of insanity are extremely
vague, and frequently very erroneous,[528] and are commonly the result
of those glaring exhibitions, those caricatures of disease which the
stage represents, or romances propagate; the ordinary observer can
hardly be convinced of the existence of insanity, without some turbulent
expression, extravagant gesture, or phantastic decoration; while on the
other hand he is too apt to infer a state of insanity from those whims
and eccentric habits between which the medical practitioner, from daily
communication with deranged persons, can alone know how to discriminate;
thus was _Democritus_ accused by the people of insanity, but when
_Hippocrates_, by public request, had a conference with the philosopher,
he declared that not _Democritus_, but his enemies were insane. There is
moreover a class of maniacs who are so cunning as to deceive those who
are not acquainted with the peculiar hallucinations under which they
labour; _Lord Erskine_ was thus unable to detect the insanity of a
lunatic who fancied himself to be Jesus Christ, until he had received
the medical assistance which the presence of _Dr. Sims_ afforded
him.[529] It is unnecessary to urge any farther the necessity of medical
testimony upon such occasions, we shall therefore proceed to consider
the different points to which it will be more usefully directed.
Q. 1. Whether the person be actually insane? and what are the proofs of
his derangement?
Q. 2. Whether the symptoms are of such a nature as to suffer the
individual, with propriety, to retain his liberty, and enjoy his
property?
Q. 3. Whether there has been any lucid interval, and of what duration?
Q. 4. Whether there is a probable chance of recovery; and in case of
convalescence, whether the cure is likely to be permanent?
Q. 1. _Whether the person be actually insane—and if so, what are the
proofs of his derangement?_
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