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قراءة كتاب A Letter to the Right Honorable the Lord Chancellor, on the Nature and Interpretation of Unsoundness of Mind, and Imbecility of Intellect
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A Letter to the Right Honorable the Lord Chancellor, on the Nature and Interpretation of Unsoundness of Mind, and Imbecility of Intellect
words are not much understood.—The law acknowledges the state of idiotcy, and the state of lunacy, which properly understood, is a very different thing from that sort of unsoundness of mind which renders a man incapable of managing his affairs or his
person.—And it has now been long settled, not that a commission of lunacy is to be issued; but that a commission is to issue in the nature of a writ de lunatico inquirendo, and then the object of the commission is perfectly satisfied, if the jury shall find upon satisfactory evidence, that the party is of unsound mind, and incapable of managing his own affairs.—The finding of him incapable of managing his own affairs, is not sufficient to authorize further proceedings, but there must be a finding that he is of unsound mind, and unable to manage his affairs:—incapacity to manage his affairs being considered as evidence of unsound mind:—yet there may be, (and that every man's mind will suggest) instances of incapacity to manage a man's affairs, and yet no unsoundness of mind." That many persons are extremely misled with respect to a commission of lunacy, and too frequently concerning all other subjects, is fully admitted: and it is equally clear that the great mass of affidavits produced in 1814, in favor of Lord Portsmouth's soundness of intellect (for I have attentively perused the whole catalogue) did not go into the investigation of the supposed difference between this hypothetical unsoundness and lunacy; but attested, as far as his
Lordship's conversation and conduct had been the subject of their observation and judgment, that he was not a man labouring under any infirmity, or morbid state of mind, that ought, by any legal restraint, to disqualify him from the management of himself and his affairs. With such opinions I have no concern; they can only be regarded as negative evidence, and cannot operate against manifold overt acts of insanity.
In the progress of this respectful address, after numerous but unsuccessful endeavours to grapple with this sort of unsoundness, suspicions have arisen that I have been pursuing a phantom;—at times I have fondly imagined it within my immediate grasp, but it has always evaded my seizure with unaccountable dexterity:—it even now appears that I could "clutch" it, as your Lordship distinctly asserts that, "lunacy properly understood is a very different thing from that sort of unsoundness which renders a man incapable of managing his affairs or his person." This is at once coming manfully to the point; for the disclosure (whenever it may take place) of the circumstances that constitute lunacy properly understood, which means as it ought to be understood,
a very different thing from this sort of unsoundness, will be the solution of this desideratum,—and this development will impose a considerable weight of obligation on the medical profession.
It now only remains to consider the last material sentence, delivered by your Lordship at this conference, and which to my limited comprehension, appears, in the same breath, to affirm and deny the same position. "The finding of him incapable of managing his own affairs, is not sufficient to authorize further proceedings, but there must be a finding that he is of unsound mind, and unable to manage his affairs:—incapacity to manage his affairs, being considered as EVIDENCE of unsound mind."
With the citation of this memorable sentence,—unadulterated by any comment, I shall conclude this address to your Lordship, submitting at the same time my own impressions on the subject:—that, to search for its correct exposition is reverential to the law: to crave its elucidation from its exalted minister is an act of respectful