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
The answer to the charge is obvious, and, we trust, satisfactory. The
progress of medical knowledge, including its collateral branches of
science, can only within a few years be said to have rendered its
applications available to the laws; while the spirit of British liberty
and independence not only resists the perpetual intrusion of
authorities, so necessary in other countries for the preservation of the
public health, but insures, without the aid of legal enactments, all the
benefits which can accrue from domestic cleanliness and attention.[50]
But upon each of these points it will be necessary to offer some farther
remarks.
That the evidence afforded by an improving, but still precarious and
imperfect physiology, should have been indiscriminately received at the
tribunals of those countries where the decision of questions of justice
is too often influenced, and even directed by the subtleties of
casuistry, may be regarded as a subject of regret, but can scarcely
excite the feeling of astonishment. Nor can we, on the other hand, be
surprised to find, that the extreme jealously of the British courts of
judicature should have resisted testimony which admits of being
depreciated, or in any degree rendered questionable, by the doubtful
controversies of science. So rapid, however, has been the progress of
the leading branches of medical knowledge during the last ten years; and
so successfully have they disentangled themselves from the many fatal
fallacies with which they were encompassed, that the general prejudice
against their practical utility, in advancing the administration of
justice, must gradually subside, and the study of forensic medicine
become universally popular. To strengthen our conviction upon this point
we have only to compare the evidence of medical men, as delivered in the
courts of justice during the last, and present century. Even so late as
the period of _Sir Thomas Browne_, we find that learned physician
bearing public testimony to the reality of diabolical illusions, and
occasioning, by his evidence, the conviction and condemnation of two
unfortunate persons, who were tried at Bury St. Edmonds before the Lord
Chief Baron _Sir Mathew Hale_, on the capital charge of bewitching the
children of a _Mr. Pacey_, and causing them to have fits![51] In
examining the chemical evidence in cases of poisoning, let us only
compare that which was given by _Dr. Addington_ on the trial of _Mary
Blandy_, at Oxford in 1752, (_see Appendix, p. 236_) with that which has
been delivered on any of the trials of the present day. Compare again
the nature of the physiological evidence which has been received as
satisfactory and conclusive, in cases of infanticide, with that which is
acknowledged by the most distinguished physicians of our own times to be
wholly inadequate to establish even a presumption of guilt.
Public-domain text, read in full here on John Shaqi.
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