Responsibility in mental disease / by Henry Maudsley.

  • Henry Maudsley
Date:
1892
Catalogue details

Licence: Public Domain Mark

Credit: Responsibility in mental disease / by Henry Maudsley. Source: Wellcome Collection.

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    minds without being connected with the existing delusions. Let me suppose a case in order the better to appre- hend the doctrine which is legally propounded and the criticism to which it is open. An individual believes himself to be Jesus Christ, but talks rationally on all matters unconnected with his delusions, and conducts his affairs with intelligence; nevertheless he one day sud- denly shoots somebody, and in due course is put on his trial for murder. It cannot be shown that he did the deed under the influence of his delusion; moreover, if the imaginary circumstances were real, they would hardly absolve him from responsibility, seeing that it is not in accordance with the character of Jesus Christ to do murder, and seeing that a madman must theoretically be consistent with his character; he must therefore righteously be put to death as a criminal. Clearly the theoretical principle ill bears the test of practical appli- cation, for it is certain that, notwithstanding its founda- tions in metaphysical philosophy, in no civilized country in the world would such a person be executed as a murderer; and, as a matter of fact, the principle is fre- quently violated in practice while it continues to be upheld in theory. Assuredly this is a mischievous thing, which cannot better be condemned than in the words used by Hoffbauer in reference to another matter:—'4 All legislation ought to be founded on a knowledge of the object to which it is applied. If this knowledge is defec- tive, it would be much better that the law should not define at all than that it should make a bad definition, and p 2