Moral Principles and Medical Practice: The Basis of Medical JurisprudenceCoppens, Charles
Philosophy
Moral Principles and Medical Practice: The Basis of Medical Jurisprudence
Coppens, Charles
Medical ethics; Medical jurisprudence
I do not, however, maintain that one who is insane on any one point is
thereby made irresponsible for all his actions. If he does what he
thinks to be wrong, he acts against the dictates of his conscience, he
deserves punishment from God; and if he violates a just law of the land,
and it can be proved that his deed proceeded from a bad will, he may be
punished by the civil courts as well, even though he is insane on other
points. For instance, if a young man were to have a crazy notion that
his father disliked him, that he is often in various ways unjust to him,
and if, in consequence of this insane conviction, he were to attempt his
father's life, he should be punished for the criminal act; because, even
according to the way he views the matter, he could not be justified in
killing his father for such a reason. It were different if he insanely
imagined that his father was in the act of killing him, and that he
could not escape death but by killing his father first; for then he
could plead the right of self-defence against an unjust aggressor, as he
foolishly imagines his father to be.
The conclusion then from all this explanation is that an insane man
should not be held responsible for a deed which he insanely thinks to be
right; but he is responsible for all his other acts.
In our next lecture we shall consider more fully the treatment of the
insane by the civil and criminal tribunals.
LECTURE VIII.
THE LEGAL ASPECTS OF INSANITY.
In our last lecture, gentlemen, we considered the nature and causes of
delusional insanity. We saw that its essence lies in mistaking
imaginations for realities with a firmness of conviction which no
argument to the contrary can shake. The reasoning of the insane man may
be logically faultless, we said, but he reasons from false premises
supplied to him by the phantasms of a diseased imagination. The cause of
the disease I showed to lie in an abnormal action of the brain, which is
the storehouse of the phantasms or brain-pictures. And this abnormal
action may itself proceed either from a local lesion of the brain, or
from a sympathetic affection due to indisposition in other parts of the
human body. I finished by examining the responsibility of an insane man
for his actions, and arrived at this practical conclusion, that a victim
of delusional insanity should not be held responsible for any acts which
he insanely thinks right, but should be held responsible for all his
other human acts.
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