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 is true that medical practitioners, for reasons hereafter stated, are
exempt from serving on juries, and are seldom charged with magisterial
duties, at least till they have retired from the more active employment
of their profession; it must be remembered, however, that they are
charged with important and peculiar jurisdictions; and it is impossible
to look at the various litigations which we have enumerated in the first
part of our work, without feeling that every member of the medical
colleges ought to possess some legal knowledge. Can the President and
Censors of the College of Physicians execute their power of fine and
imprisonment; can they restrain unlicensed intruders, or punish the bad
practices of ignorant pretenders, without some study of the law? can
they vindicate their rights without reference to the numerous acts of
parliament on which they are founded? can they prove the guardians of
the public health, without knowing the enactments by which it is
protected? can they advise the legislative or executive power on
numerous points submitted to their consideration, (as vaccine
inoculation, quarantine, &c.) without understanding the bearings of the
question referred to them? can they in fine do or advise any public act,
without considering either the existing law as it may stand, or the
policy and mode of future enactment? they may indeed state as much of
the medical, chemical, or physiological facts of each case as their
imperfect view may enable them to take; leaving it to the lawyer, who
knows no physic, to correct the errors of the physician who knows no
law. That acts of parliament have been framed on this principle of the
mutual independence of law and science, it were vain to deny; but that
they would have been better framed, if the parties employed in drawing
them up had possessed some understanding in common on the subject before
them, is equally indisputable. Let us therefore hope that, when our
reader shall have considered the many points in which medicine and its
branches may become auxiliary to legislation or government, he will feel
convinced that legal studies are not useless to medical practitioners in
their public capacity.
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