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
It has been very justly observed, that to constitute insanity it is not
necessary to exhibit the ferocity of a wild beast, nor to perform the
antics of a buffoon; the most ordinary observer can tell when a person
is furiously mad,[530] but, in many cases, “_such thin partitions do the
hounds divide_,” that all the skill and discernment of a medical
practitioner is required to establish the fact of insanity. It is to
such cases as are more likely to become subjects of legal investigation,
that the following observations particularly apply. _Sir Matthew Hale_
says, “there is a _partial_ insanity, and a _total_ insanity; the former
is either in respect to things, _quoad hoc vel illud insanine_, where
persons are perfectly rational, except on some one particular subject.”
This fact is universally admitted, constituting a form of mental
alienation to which _M. Esquirol_[531] has bestowed the name of
_Monomania_, and of which every work on insanity abounds with examples.
It is in such cases that the value of medical sagacity and experience
becomes apparent, and the full developement of the real state of the
patient’s mind and opinions will, in some instances, require
considerable time and patience. “It is nearly impossible,” says _Dr.
Haslam_, “to give any specific directions for conducting such an
examination as shall inevitably disclose the delusions existing in the
mind of a crafty lunatic; but in my own opinion it is always to be
accomplished, provided sufficient time be allowed, and the examiner be
not interrupted. It is not to be effected by directly selecting the
subjects of his delusion, for he will immediately perceive the drift of
such enquiries, and endeavour to evade, or pretend to disown them; the
purpose is more effectually answered by leading him to the origin of his
distemper and tracing down the consecutive series of his actions and
association of ideas; _in going over the road where he has stumbled, he
will infallibly trip again_.” There is, says _Dr. Male_,[532] a madness
which shews itself in words, and another in actions; a lunatic may be
coherent in conversation, but insane in conduct; he may be rational when
under the restraint of a mad-house, but when released, and at liberty to
act according to the impulse of his hallucination, will shew by his
conduct that he is really insane.
Public-domain text, read in full here on John Shaqi.
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