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Judges, The, their answers in M‘Naughten's case

Kinlock, Sir A. G., Trial of
Language, The, of figures
Legislation and legal tests
Letters, of madmen
M'Naughten, Case of

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Madmen, Consistent and inconsistent

Homicidal acts of

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Mind, The undeveloped, degenerate, and disordered

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of death, numerical results

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Resistance to insane impulse, its measure

Right and wrong, Knowledge of, put to the test
Scurvy and insanity

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Sensation, A, obliterated

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Smollett, his comments on the case of Earl Ferrers...
Somnambulism

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and insanity

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ΙΟΙ

PREFACE.

THIS volume is the development, with considerable additions and certain needful changes of form, of the Lumleian Lectures given at the Royal College of Physicians in 1868, under the presidency of Sir James Alderson.

It bears the same title, pursues the same method, and has the same object in view as had the lectures themselves, of which by far the larger part has been retained, with only such trifling verbal alterations as the change of form rendered necessary. The additions have been cast in the same mould; and the matter, old and new, arranged in sections, of which there are ten in the first part, and seven in the second.

In publishing this work at this time I have been mainly influenced by the recent issue of the "CRIMINAL CODE (INDICTABLE OFFENCES) BILL," followed by the valuable comments contained in

the Letter of the late Lord Chief Justice Cockburn. These comments mark what may be fairly called a new era in the judicial treatment of Insanity.

Having had, as many readers of these pages will know, some special advantages in studying those forms of Insanity which are most frequently associated with Crime, I trust that I shall not be deemed presumptuous if I express my views on that and on some cognate subjects with some confidence.

It will be seen that I have brought the facts and figures contained in the "Judicial Statistics" to bear on the question of the effect produced on sane and insane criminals by the Punishment of Death; and, in so doing, believe that I have cleared away a misconception which has exercised an undue influence on those members of the judicial bench, and those among the general public, who are most anxious to protect innocent and unoffending persons from deeds of violence and blood.

On the theory of punishment, and particularly on the grave question of the retention or disuse of corporal punishment, I have also spoken with freedom, and with a confidence which experience has seemed to me to justify. That which I have

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seen to be essential to the maintenance of order in prison, and to the arrest of certain strange epidemics, such as self-mutilation and attempts at suicide, I cannot condemn, as some politicians do, when applied to the soldier and the sailor. It is because this punishment of pain, surrounded with proper restrictions, and patiently held in reserve, is eminently humane, just to the well-conducted, and very often the only instrument of reformation to the habitual offender against the needful rules of discipline, that I take this opportunity of advocating it; and I do so not the less earnestly because I believe that the outcry against it has originated in most unworthy motives, and derived almost all its force from the applause of crowds that must always consist in no small proportion of that numerous class of dangerous persons who have reason to fear that some day or other this punishment of pain may come to be inflicted upon themselves.

These remarks on corporal punishment, which, as I have said, my prison experiences seem to justify, form but a short episode in the text of this work, in which, as I venture to hope, my professional brethren will find some novelty of treatment, some welcome contributions to our

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