Suicide: Its History, Literature, Jurisprudence, Causation, and Prevention — John Shaqi
Suicide: Its History, Literature, Jurisprudence, Causation, and PreventionWestcott, W. Wynn (William Wynn)
Philosophy
Suicide: Its History, Literature, Jurisprudence, Causation, and Prevention
Westcott, W. Wynn (William Wynn)
Suicide
GOETHE, JOHANN W. VON., in his novel “The Sorrows of Werter,” exalts
suicide, as the end of one’s existence. The suicide of a young man
named Jerusalem suggested to the author the composition of this
work, which has been definitely the cause of suicides, among whom
was Fraulein von Lassberg, who drowned herself. The author himself
attempted the act.
FOSCOLO, UGO, d. 1827, the Italian poet, imitated Goethe’s “Werter” in
his “Ultime lettre di Jacopo Ortis,” and in a similar strain discourses
on the unpleasantness of life, and the advantages of ending it when
desirable.
BECCARIA, C. BONESANA, in his “Crimes and Punishments,” written in
Italian, but which has been translated into almost all European
languages, decides in these words; “Suicide is a crime which seems not
to admit of punishment, for it cannot be inflicted but on the innocent,
when it would be unjust, or upon an insensible body, when it would have
no more effect than scourging a statue. Its only punishment is after
death; it is in the hands of God alone; but it is no crime with regard
to man.” See Chapter XXXII.
MORSELLI, ENRICO. “Il Suicidio.” Of this great statistical work, and
the opinions expressed therein, Legoyt, A., in his treatise, remarks,
“he maintains a certain tolerance of Suicide, and is well content
to look on it as a natural fact, governed by a law of human nature,
_precisely_ similar to the laws of Marriages, Births, and Deaths.” See
“Le Suicide,” 1881, p. 98.
CHAPTER V.
CRIMINAL JURISPRUDENCE.
By English law Suicide is of the Felony of Murder, inasmuch as it is
the murder of one of the subjects of the sovereign: it is a murder
committed by a man on himself. There is authority for saying that there
is no such offence as self-manslaughter. Regina _v._ Burgess, Leigh and
Cave, 258. It is suicide, or “felo-de-se,” not only to kill oneself
with deliberation, when in right mind, and of years of discretion, but
also to kill oneself accidentally when performing a felonious act; such
as attempting to kill another. But if a man is killed at his express
desire by another, it is not suicide, because in law the request is
illegal and void, though the latter is a murderer. Yet if one persuade
another to kill himself, and he does so, it is suicide, and also murder
in the adviser: see R. _v._ Dyson.
So also if two persons agree to commit suicide together, and one
succeed and one fail, the survivor is guilty of murder, for aiding and
abetting a suicide. See R. _v._ Russell, and R. _v._ Alison.
To constitute felo-de-se, the deceased must die within a year and a day
of his self-inflicted injury, and must have been in his right mind, yet
in the interval he cannot in law purge his offence by repentance. See
1 Hale, P.C., 412. Persons obviously insane frequently kill themselves,
yet it cannot be denied that persons are frequently found self-slain,
who have never shown any sign of mental derangement.
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