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
These few examples will suffice to shew that Medical Jurisprudence had
an early origin; and yet we are ready to admit that its applications
were extremely desultory, and often, from the infant state of the
sciences upon which it rested, not only imperfect but erroneous; indeed
the question may be very fairly maintained, whether on many occasions
the evidence of the physician has not embarrassed where it should have
enlightened, and misled where it was called upon to direct the steps of
justice. Forensic medicine, however, could scarcely be considered as
constituting a branch of legislation, until its utility was publicly
recognised, and its assistance legally required. This admission will
compel us to assign to Germany the honour of its origin, for the Medical
jurist is first acknowledged, and his services formally required, in the
celebrated criminal code framed by _Charles_ the Fifth, at the Diet of
Ratisbon, in the year 1532, known by the name of the “_Constitutio
Criminalis Carolina_,” and which still constitutes the basis of the
criminal proceedings of the German courts. In the code it is enacted,
that medical men shall be consulted whenever death has been occasioned
by violent means, whether criminal or accidental, by wounds, poisons,
hanging, drowning, or the like; as well as in cases of concealed
pregnancy, procured abortion, child-murder, &c. The publication of such
a code very naturally awakened the attention of the medical profession,
and summoned numerous writers from its ranks. The first of whom were
_Bohn_[12], _Valentini_[13], _Boerner_[14], _Kannegeiser_[15], and
_Struppe_; _Alberti_[16], _Zittman_[17], _Richter_[18],
_Teichmeyer_[19], and _Stark_[20]; some years after whom came
_Hebenstreit_[21], _Ludwig_[22], and _Fazellius_[23].
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