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
But since it must be admitted that questions of _Survivorship_ will
occasionally assume a form highly capable of physiological elucidation,
we are bound to consider the subject as an article of Medical
Jurisprudence. The physical proofs by which we can arrive at a
conclusion upon the fact of _Survivorship_, are necessarily precarious
and doubtful; but, in the absence of all other testimony, they may be
occasionally admissible: a question, for instance, has arisen in a case
where the mother and infant have both been found dead, after a
clandestine delivery, whether any physiological investigation could
determine which of the two survived the other, and upon this question
there have been several curious decisions; _Valentini_, in his Pandects,
relates an instance in which the mother and offspring both lost their
lives during the pangs of a difficult and protracted labour; when the
medical witnesses, having considered the extreme delicacy of the infant
on the one hand, and the exhaustion of the parent on the other, arrived
at the conclusion that the latter must have been the first to perish.
The Imperial Chamber of Wetzlar[597] came to a similar decision, in a
case somewhat analogous; but in opposition to such an opinion
_Capuron_,[598] _Belloc_,[599] and _Sue_[600] have maintained the
extreme uncertainty of any general conclusion deduced from so many
uncertain data; a judgment in which we heartily concur. Let us, however,
suppose a question of _Survivorship_ to have arisen in consequence of a
party having perished by famine, on a barren rock; here the lights of
science may assist the decision; for the physiologist will tell us that
persons so situated will perish with a rapidity proportioned to their
youth, and state of robust vigour; a fact which is no less correctly
than beautifully illustrated by the poet, in the awful fate of Count
Ugolino and his children; where the father perished by inanition on the
eighth day of his imprisonment, after having seen his sons, unfortunate
victims of the most execrable vengeance ever conceived by man, sink
amidst the convulsions of exhausted nature.
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