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MEDICAL JURISPRUDENCE

Volume 13 · 1,069 words · 1810 Edition

During the progress of science in Europe this subject has not been altogether neglected. But we may safely venture to assert, that even from many enlightened governments it has hitherto claimed much less attention than its importance merits. At the British universities this has been too much the case. It is indeed true, that for near 20 years a few lectures on this subject have been delivered at the university of Edinburgh, by the professor of the institutions of medicine. But he could by no means consider the subject on that extensive scale which its importance merited. And he had often expressed his regret, that, as in several of the foreign universities, a professorship had not been instituted for the express purpose of giving a course of lectures on medical jurisprudence. That defect, however, in medical education at Edinburgh is now supplied. When that able and upright statesman Lord Grenville, to whom every thing that regarded the laws of his country was an object of peculiar attention, was at the head of his majesty's councils, a regius professorship of juridical and political medicine was established in the university of Edinburgh by a royal warrant. Appendix.

And there is every reason to hope, that this appointment will be attended with many effects highly beneficial to the nation.

A short view of the extent and importance of this subject will, we presume, not be unacceptable to the intelligent reader.

Whatever aid the science of medicine can contribute towards the good of the state, and the execution of its laws, has been by the Germans denominated State Medicine; a new, but not improper, appellation, for that branch of knowledge which many writers have termed Medical Jurisprudence.

It comprehends both medical police and juridical medicine. The former consists of the medical precepts which may be of use to the legislature or to the magistracy. The latter is the aggregate of all the information, afforded by the different branches of medicine, which is necessary for elucidating doubtful questions in courts of law.

Although there are some traces of juridical medicine in the Justinian code; such as determining the real period of birth, with a view to prevent the imposition of spurious children: it properly originated with the code of laws enacted by the emperor Charles V. under the name of Constitutione criminalis Carolina; in which it is ordained, that the opinions of physicians should be taken, with regard to the danger of wounds, child murder, murder, poisoning, procured abortion, concealed pregnancy, &c. These directions, and the impossibility which was found of determining many questions by simply legal means, induced some legislators to enjoin, that all tribunals and judges should procure from sworn physicians, appointed to this office, their opinions concerning all the subjects to be mentioned hereafter.

Since that time, it has been treated systematically by many learned men; such as Fortunatus Fidelis, Zacchias, Alberti, Hebenstreit, Haller, Ludwig, Plenck; and lastly, in the most masterly manner, by Metzger. Numberless dissertations have been written on all its parts; and among those who contributed to its advancement, we may reckon Ambrose Parry, Bolin, Butener, Morgagni, Camper, and Gruner. Collections of cases, illustrating its principles, have been made by Amman, Daniel, Bucholz, Pyl, Scheff and Metzger. These are only a few of the principal writers, who have attended to this science: to enumerate more would be unnecessary.

From its very nature, it is evident how necessary a knowledge of this science must be to every medical practitioner, who is liable to be called upon to illustrate any question comprehended under it before a court of justice. On his answers, the fate of the accused person must often depend; both judge and jury regulating their decision by his opinion. On the other hand, while he is delivering his sentiments, his own reputation is before the bar of the public. The acuteness of the gentlemen of the law is universally acknowledged; the versatility of their genius, and the quickness of their apprehension, are rendered almost inconceivable, by constant exercise. It is their duty to make every possible exertion for the interest of their client, and they seldom leave unnoticed any inaccurate or contradictory evidence. How cautious must, then, a medical practitioner be, when examined before such men, when it is their duty to expose his errors, and magnify his uncertainties, till his evil influence seem contradictory and absurd? How often must he expose himself to such severe criticism, if he be not master of the subject on which he is giving evidence, and have not arranged his thoughts on it according to just principles? On the other hand, he may deserve and gain much credit, by so public a display of judgement and professional knowledge.

Some acquaintance with this part of medical science must be useful at least, and sometimes necessary, to judges and lawyers. They will thus be enabled to estimate how much they may depend on the opinion of any physician, and will know how to direct their questions, so as to arrive at the truth, and avoid being misled by his partiality or favourite opinions. To the lawyer who conducts the defence of an accused person, in a criminal case, it is almost indispensible; without it, he cannot do justice to the cause of his client.

Before criminal courts, the questions which occur most generally are, respecting

1. The cause of death, as ascertained from the examination of the body. 2. The sufficiency of the supposed cause to have produced death. 3. Probable event of wounds, contusions, &c. 4. The importance of the part injured. 5. Supposed child-murder; whether still-born or not. 6. Whether death accidental or intended. 7. Abortion; its having occurred, 8. Spontaneously, from habit; accidentally, from external violence or passions of the mind; or intentionally, from the introduction of a sharp instrument, use of certain drugs, &c. 9. Rape; its being attempted or consummated; recent or previous deliration. 10. The responsibility of the accused for his actions.

Before civil courts the questions generally regard,

1. The state of mind; madness, melancholy, idiocy. 2. Pregnancy; concealed, pretended. 3. Parturition; concealed, pretended, retarded, premature. 4. The first-born of twins. 5. Diseases; concealed, pretended, imputed. 6. Age and duration of life.

Before consistorial courts, the subjects investigated are,

1. Impotence; general, relative, curable, incurable. 2. Sterility; curable, relatively incurable, absolutely incurable. 3. Uncertainty of sex; hermaphrodites. 4. Diseases preventing cohabitation; venereal disease, leprosy, &c.

MEDICAL POLICE.