The Medical Jurisprudence of Insanity

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S. Whitney & Company, 1880 - 713 sider

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The Test in relation to Monomania
53
Objections to this Test considered
55
This Test in relation to Impulsive Insanity
58
The Test further considered
60
Delusions in relation to Criminal Eesponsibility 17 The reasons for regarding certain Insane Persons as Irresponsible 18 Principle of law illustrated
69
The Objects of Punishment
70
Punishment considered
71
Proposed Graduation of Eesponsibility
74
The Capacity of the InsaneWills
76
The degree of Capacity required for Willmaking
78
Testamentary Capacity in relation to Delusions
81
Achey e Stephens 8 Ind 411 518
85
Capacity to Contract
86
Capacity to Contract in relation to Delusion 27 Distinction between executed and executory Contracts by the Insane
89
Affleck t Affleck 3 Sm G 394 26
91
Commission of Lunacy
92
The Procedure on a Commission 30 Incapacity which will justify an Inquisition
95
Conclusions
100
Reason why the subject is treated in this work
102
The difficulty of discovering the Cause of Insanity
103
Classification of Causes 35 Of Remote or Predisposing Causes
104
Other Remote Causes considered
107
Argument as to Increase of Insanity 38 Influence of Civilization upon Insanity
108
Sex considered in relation to the Causes of Insanity
109
Age considered in relation to the Causes of Insanity 41 Education considered in connection with the Causes of Insanity
111
Hereditary Tendency
112
Statistics of Hereditary Tendency 44 Pregnancy considered as a Cause of Insanity
114
Delivery considered as a Cause of Insanity
115
Religion considered in connection with the Causality of Mental Disease 47 Of Predisposition generally 48 Proximate or Exciting Causes
117
The Moral Causes of Insanity
118
Causes which conduce to Epidemic Insanity
119
Epidemic Insanity
121
As to the relation between Structure and Function Chapteb tH Mental Unsoundness and Classotoations oi Insanity
124
Definition of Sanity and Insanity
125
Different points of view of Lawyers and Physicians
126
The necessity for a Classification of Insanity
128
Of Classifications
129
Dr Skaes and Dr Tuckes Classification 59 These Classifications Criticised
132
Dr Maudsleys Classification
133
Dr Hammonds Classifications
134
Dr Bucknells Classification 2 63 Conclusion
138
Kinds of Amentia 65 Idiocy
139
Causes of Idiocy
140
Features of Idiocy
141
CretinismIts Features
142
Imbecility
143
Sir John Nicholls Description of Imbecility 71 Imbecility distinguished from Idiocy J 72 Question of distinction between Lnbecility and Idiocy consi...
144
Degree of Imbecility how it may be ascertained 74 Classes of Imbecility
145
Moral Imbecility
147
The Education of Imbeciles
150
Alexander Drews Case 3 American Jurist 7 5 Mason 28 372
151
The Limits of effective Punishment of Imbeciles
152
Monoimbecility considered 79 Characteristics of Imbecility 80 Imbecility and Vice
154
Classification of Imbecilities
156
The Legal Relations of Amentia 82 Legal relations of Idiots
157
Irresponsibility of Idiots
158
The Principles of Exemption from Punishment
159
Imbecility in relation to Crime
161
Crimes committed by Imbeciles
164
The principles of the law as applied to Imbecility
172
Medical Experts
176
Definition of Idiocy for the Court and not for the Jury 89 Contracts by Idiots and Imbeciles
177
Weakness of Mind in connection with Fraud
178
The maxim as to SelfStultifioation considered 92 Inquisition and its effect upon the power to enter into Contracts
179
93 The Contract of Marriage in relation to Imbeoility
180
The Capacity of Imbeciles to make Wills
184
Commissions of Lunacy in relation to Amentia
186
Changes in the
193
How a Commission may be superseded
196
Manl 98 Health and Disease 99 Mental Disease
197
Mental Defect and Bodily Disease
199
Pathology and Mental Disease
200
Bodily Organism and Mental Function
201
Maniaits Symptoms
202
The Method of the Study of Insanity 105 Early Indications of Mania
204
The Sane Consciousness of Maniacs 107 Ansesthesia in relation to Mania
205
Voice Eye Skin and Appetite of Maniacs 109 Classification of Manias
206
Further Classification
207
General Intellectual Mania 112 Mental Symptoms of Mania
208
The Incoherence of Mania
210
The Psychology of Mania 115 Characteristics of Mania
211
The Psychology of Monomania
214
Monomania in relation to the feelings of Pleasure and Pain 118 Monomania and Delusions 119 Distinction between Mania and Monomania
216
Mental and Physical Symptoms of Monomania 121 Fixed Ideas
217
Other Symptoms of Monomania 123 The Physical Suggestion of Delusion
218
The Moral Treatment of Monomania 125 Education in relation to Monomania
219
Cases of successful Moral Treatment
220
General Remarks
224
The Legal Relations of Mania 5 128 Tho Legal Relations generally 129 Cases in which the Plea of Insanity is generally pleaded
226
Responsibility of Persons laboring under Mania 131 English Rule 132 Rule of Scotch Law with regard to Responsibility
231
American Rule as to Responsibility
232
Rule of Law as applicable to Cases of Mania 135 Partial Intellectual Mania in relation to Responsibility
235
Objections to this Rulo considered 137 Other Objections discussed
238
Inadequacy of Motive not a proof of Insanity
239
Apparent Diversity in Criminal Courts as to Admission of Plea
240
Cases in which Delusion has been set up as a Defence
241
Tho real difficulty in cases of Monomania
244
Mania and Testamentary Capacity
246
Degree of Capacity required to make a Will
247
Difficulties of Proof
248
Testamentary Capacity aud Monomania 146 Insanity in Sane
250
Sanity in Insane
251
Delusion Defined
252
Testamentary Capacity in relation to Delusion 150 Tho Rules of other Countries considered 151 The Rule of American
258
Amicable Insurance Soc v Bolland 2 Dow C 1 4 Bligh N S 194
260
Tho Principles of Law in relation to Capacity considered
261
The Rulo as to Delusion and Capacity as definitely settled 154 Contracts by Lunatics 155 Lunatics liability for Torts
270
Insanity in relation to Partnership
271
Moral Mania 157 158 Necessity for distinguishing Crime from Insanity
274
Theories of Moral Insanity
275
Ethics and Government 162 The relation of Laws and Morals
276
Distinction between Men and AnimalsMental Characteristics
277
When the existence of Moral Mania should be admitted
278
What Physicians expect the Law to do in relation to Moral Mania 166 The nature of Moral Insanity considered
280
Peculiarities of the Cognitive Faculties
281
Insane Impulse considered
282
The Psychology of Healthy Choice
284
Irresistible ImpulsePathology
285
Characteristics of Impulse
287
General Remarks
288
Some Cases of Impulse
289
Concluding Remarks
294
Partial Moral Mania or Moral Monomania 175 General and Special Insanity considered 176 Moral Monomania
296
Disposition and Character
297
Diseased Disposition and Exculpation 179 Partial Insanity considered
298
Kleptomania J 180 The idea of Property
299
Property and
301
Property and Theft 183 Theft in relation to Disease
302
Avarice and Hoarding 185 Theft not necessarily connected with Insanity
303
Where Theft is associated with Mental Disease
304
Theft arising from General ParalysisCases
305
Theft in relation to other DiseasesCases
306
Theft in relation to Delusion 190 TheftMadnessCases
307
TheftMadnessConsidered
309
Kleptomania as a Premonitory Symptom of General Insanity 193 Necessity for distinguishing Kleptomania from Sane Theft
310
Bungling execution of Crime no proof of Insanity 195 Unusual circumstances in connection with Crime not a proof of In sanity
312
Uniformity in character of Crime not always proof of Insanity 197 Distinction between Sane Theft and KleptomaniaWhat should be had regard
313
The Value of the Article to be considered
315
The Precautions taken in relation to the Theft
316
Confession of the Crime J 201 Conduct subsequent to Crime
317
Theft in relation to Bright Objects
318
As to the frequency of Kleptomania 204 How are Kleptomaniacs to be dealt with by Law?
319
The Love of Bright Objects 224 Where act is dictated by Revenge
334
Pyromania in connection with Delusions 226 Cases of Pyromania
335
Comments on last quoted Case
336
General Remarks as to Pyromania Part V SmcrDAL Manta 229 Suicide and Insanity
337
Suicide the result of Insanity
339
Case of Suicidal Insanity 232 Power of Suggestion
340
Suicide in relation to Delusions 234 The Modes of Death
341
Age in relation to Suicide
342
Sex in relation to Suicide
343
Hereditary Transmission in relation to Suicide 238 Suicide and the Seasons
344
Assigned Motives for Suicide 240 Relation between Suicidal Mania and Homicidal Mania
345
As to the Existence of Homicidal Insanity
346
Homicidal Impulse considered
353
Comments on the last case
363
Hill 2 Add 206
365
Some recent cases
373
Civil Capacity of the Morally or Emotionally Insane
381
Diseases of Exaltation and Depression
387
Case of Simple Melancholia
393
The Legal Relations of Melancholia
399
Dementia as distinguished from the Infirmity of
403
The Incoherence of Dementia considered Psychologically
404
Mental Symptoms of Dementia
405
The Delusions of Dements 284 Excitement occurring in Dementia
406
The Emotional Disorders of Dements
407
Physical Symptoms of Dementia
408
Distinction between Acute and Chronic Dementia
410
The Stages of Dementia 289 The Cause affects the Course of the Disease
412
Novelty and Change causes of Dementia
413
Questions of Law to be considered in connection with Dementia 293 Testamentary Capacity
416
Illustration of the Legal Principles in relation to Capacity
421
Dementia in relation to Commissions and Testaments
423
Eccentricity does not Incapacitate
424
Rule as to Inofficious Wills
425
Rule as to Wills made by very Old Persons
426
Intellectual FeeblenessLegal Relations
428
Mental Facility and its Legal Relations
429
The supposed Recovery of Mental Power before Death 302 Fallacious Tests of Mental Capacity
432
The duty of Subscribing Witnesses in relation to the Wills of Insane Persons
433
Dementia and the Capacity to Contract
436
The Responsibility of Dements
438
The case of Mordaunt v Mordaunt
439
The question of Evidence given during a Lucid Interval considered
442
Epilepsies and their Legal Belations 307 Are Epileptics of Unsound Mind?
446
The real naturo of Epilepsies 309 Common Manifestations of Epilepsy
449
The Varieties of Epilepsy
450
As to the Mental Condition of Epileptics
451
Necessary to consider the Mental Condition at the time of the Seizure 313 Epilepsy very often followed by Insanity 314 Method of this Chapter
452
Conditions Premonitory to the Attack
453
Peculiar Character of the Insane BeUefs associated with Epilepsy 317 Epileptics insane feelings of unhealth and desire for cure 318 Condition of Pat...
456
Criminal Tendencies of Epileptics after Seizure
457
Criminal Propensities developed during Seizure
463
The Legal Relations of Epileptics
464
Epilepsy may incapacitate a Juryman 323 Incapacity of Epileptics further considered
465
Responsibility of Epileptics
466
Somnambulism 325 Sleep and Dreams
469
The Physical Causes of Sleep
470
Somnambulism
472
Cases of Somnambulism
474
Psychology of Somnambulism
475
Relation of the Senses during Somnambulistic Sleep 331 Somnambulism in connection with Catalepsy
476
Memory in relation to Somnambulism 333 Nightmares
477
Dreams in relation to Time 335 Dreams and Realities
478
Necessity for considering the Legal Relations of Somnambulism
479
Real and Feigned Somnambulism
482
Responsibility of Somnambulists considered 342 Analogy between the Law as applicable to Devotional Insanity and Somnambulism
483
Reasons for the Rule proposed
485
Civil Disability of Somnambulists considered 345 Somnambulist liable to Action for Trespass
486
Drunkenness 346 Def1nition of Drunkenness 347 Description of the Stages of Drunkenness
487
The Psychology of Drunkenness
488
The connection between Drunkenness and Crime
490
Connection between Drunkenness and certain kinds of Crime 351 The relation between Drunkenness and Insanity
492
Indirect effects of Drunkenness upon Mental Health
493
The kinds of Drunkenness
494
Mania k potu j 355 Delirinm Tremens
497
Nature of Delusions in Delirinm Tremens 357 The Pathology of Drunkenness 358 The Periodicity of Drunkenness
499
Conditions which conduce to Inebriety
500
The Legal Relations of Drunkenness 361 Drunkenness as affecting Civil Capacity
503
Liability of Drunk Persons 363 Effect of Drunkenness upon Deed
505
Drunk Person liable for Torts
506
Connection between Drunkenness and Insanity
508
Incapacity produced by Medicines
509
Drunkenness as affecting Responsibility
510
Drunkenness as affecting Intention or Malice
511
Responsibility of Persons whose Drunkenness is Involuntary
513
Responsibility of those whose Insanity is caused by Drunkenness
515
Drunkenness the remote cause of Insanity 373 Responsibility of Persons laboring under Delirinm Tremens 374 The Restraint of Drunkards
519
Aphasia and Aphonia 375 The nature of Aphasia and Aphonia
522
The necessity for considering the Legal Relations of Aphasia 377 The Capacity of Aphasies
525
Delirium 378 Mania and Maniacal Delirinm 379 Delirinm
527
Symptoms of Delirinm 381 Of Memory in relation to Delirii
529
Remissions in this Disease
530
Mania distinguished from Delirium
531
Where there are Lucid Intervals 385 The caution with which Wills made during an interval of Delirinm is to be received
532
As to Contracts entered into during intervals of Delirium 387 Delirium and Testamentary Capacity
534
The nature of the act to be considered
535
General Remarks
536
Lucid Intervals 390 The Law of Periodicity
537
Lucid Intervals
538
Intermissions and Remissions
539
Legal Holdings with reference to Lucid Intervals
540
The Proof of Lucid Intervals in cases of Idiocy and Dementia 395 The Burden of Proof
543
The law with regard to acts done during Lucid Intervals 397 Distinction between Lucid Intervals in Insanity and in Delirium
544
Want of Scientific Training of Medical Men has rendered the Detec
547
Feigned Insanity compatible with Real Insanity
553
Experienced Observation will generally detect Feigned Insai
560
Feigned Melancholia
567
The French method of discovering Concealed Insanity
575
Medical Opinions as to the Rule of
583
The Influence of Delusional Beliefs upon the Capacity of Witnesses
589
The case of Regina o Hill
598
General Bule as to Information received from Friends and Eelatives
606
Examination of Letters to Discover the Insanity of an Individual
614
The Tendency to Recurrence
620
The Claims of Science 484 The Claims of Science in relation to Jurisprudence
623
Object of this Chapter 486 The Weight attached to the Evidence of Skilled Witnesses
626
Tho Reason for this Caution in the Reception of Skilled Testimony
628
Medical Estimato of its Worth 489 TestimonyIts Objects considered
629
Testimony of Experts
630
Opinion on Case as Proved
631
Theory of the Admissibility of such Evidence 494 Experts not to Usurp Functions of Jury
632
New Doctrine as to Skilled Witnesses
633
Cases in which Expert Evidence has been had recourse
634
ExpertsOpinion as to Case proved 498 Questions which may be
635
American Rule
636
What Questions have been allowed 501 Questions which may not be put directly may be put hypothetieally
637
Objections to this Rule considered 503 Tho Use of these Devices
638
General Worth of such Testimony 505 Whero Inquiry is as to Subject which does not require Skill
639
Medical Experts in Cases of Insanity
640
The Use of Experts in such Cases
641
Witness may Refresh his Memory by means of Rooks 509 Diminishing Value of Experts Testimony
643
Manner
644
Communications to Medical Men not privileged 512 How Evidence ought to be given
645
Uso of Notes in the Witnessbox
646
514 Tricks of Counsel
647
Proof of Insanity 515 Scope of this Chapter 516 Presumptions
650
Burden of Proof in relation to Wills
651
Burden of Proof whero Insanity has been proved toexist 519 Burden of Proof in connection with Contracts 520 Burden of Proof in Criminal Cases
653
Jury may judge of the Prisoners State of Mind
657
Procedure on trial of issuo of Sanity or Insanity 523 Proof of InsanityHereditary Tendency
659
Proof of Hereditary PredispositionRule of
660
The American Rule as to the Admission of Proof of Insanity of Rel atives
663

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Populære avsnitt

Side 76 - ... to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing, or, if he did know it, that he did not know he was doing what was wrong.
Side 300 - Municipal law, thus understood, is properly defined to be a 'rule of civil conduct prescribed by the supreme power in a state, commanding what is right and prohibiting what is wrong.
Side 89 - In considering this very interesting question we immediately ask ourselves, what is a contract? Is a grant a contract? A contract is a compact between two or more parties, and is either executory or executed. An executory contract is one in which a party binds himself to do or not to do a particular thing; such was the law under which the conveyance was made by the governor.
Side 239 - ... must be considered in the same situation as to responsibility as if the facts with respect to which the delusion exists were real.
Side 203 - Go — you may call it madness, folly ; You shall not chase my gloom away. There's such a charm in melancholy, I would not, if I could, be gay. Oh, if you knew the pensive pleasure That fills my bosom when I sigh, You would not rob me of a treasure Monarchs are too poor to buy ! S.
Side 50 - ... the jurors ought to be told in all cases that every man is to be presumed to be sane and to possess a sufficient degree of reason to be responsible for his crimes, until the contrary be proved to their satisfaction...
Side 160 - Actions are, by their very nature, temporary and perishing ; and where they proceed not from some cause in the character and disposition of the person who performed them, they can neither redound to his honour, if good ; nor infamy, if evil.
Side 49 - What is the law respecting alleged crimes committed by persons afflicted with insane delusion in respect of one or more particular subjects or persons; as, for instance, where at the time of the commission of the alleged crime the accused knew he was acting contrary to law, but did the act complained of with a view, under the influence of insane delusion, of redressing or revenging some supposed grievance or injury, or of producing some supposed public benefit?" In answer to which question, assuming...
Side 47 - Delusion, therefore, where there IS no frenzy or raving madness, is the true character of insanity ; and where it cannot be predicated of a man standing for life or death for a crime, he ought not, in my opinion, to be acquitted...
Side 46 - ... it is not every kind of frantic humor or something unaccountable in a man's actions, that points him out to be such a madman rs is to be exempted from punishment ; it must be a man that is totally deprived of his understanding and memory, and doth not know what he is doing, no more than an infant, than a brute, or a wild beast...

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