The lunacy law : its defects, and a scheme of reform / by William R. Huggard.

  • Huggard, William R. (William Richard), -1911.
Date:
[1885]
Catalogue details

Licence: Public Domain Mark

Credit: The lunacy law : its defects, and a scheme of reform / by William R. Huggard. Source: Wellcome Collection.

Provider: This material has been provided by The Royal College of Surgeons of England. The original may be consulted at The Royal College of Surgeons of England.

    3/10
    [Reprinted for the Author, frcm the British Medical Jourkal, Jan. 17, 1885.J OF EEFORM. By WILLIAM K. HUGGARD, M.A., M.D., M.R.C.P.Lond. The lunacy law has lately given rise to much discussion ; and as fresh legislation on the subject may be expected, the points wherein the present law is defective deserve to be carefully examined. The points to which attention will here be chiefly directed are, first, the means of ascertaining and determining insanity ; and, secondly, the custody and general supervision of the insane, especially in private asylums. The outlines of a scheme of reform for giving the public greater protection from insanity on the one hand, and for giving the alleged lunatic more efficient safeguards on the other hand, will then be put forward. , Let us see what would be accomplished by a perfect law—by a law that should give complete expression to recognised principles ; and let us]|put in contrast what is accomplished by our present law. Under a perfect law, every insane person—that is, every person who, through mental defect, is unable to conform to the requirements of society, and whose inability is not curable by punishment—would be under efficient supervision and control, though not necessarily in an asylum ; and the interference with individual liberty would not be greater than absolutely necessary for the protection of society. A good law would also see that its provisions are not evaded either intentionally or un- intentionally. Now, what are the provisions of the present law, and how far do they give effect to the intention of the legislature ? The means for ascertaining insanity—that is, the means for bring- ing all cases of insanity within the knowledge of the authorities—are not at all complete. This incomplotoncss is, in one case, intentional. Thus a lunatic, provided he be not kept for profit, can be confined in the house of a relative or friend. Although this may be a defect, any remedy for it would probably be worse than the original evil; and so long as the lunatic is under proper control, probably no great harm is likely to arise. But if the lunatic be not under proper control, there is no adecpatc provision for dealing with the case ; aiul this incom- pleteness IS probably unintentional. If the case come to the know- ledge of any constable, overseer, or relieving officer, such officer is bound immediately to take the lunatic, or cause him to be taken, before a justice of peace, whoso duty it is then to take pro])er steps for placing him under control. The ^woak point is that it is nobody's duty that the case should come to the knowledge of
    No text description is available for this image
    No text description is available for this image
    No text description is available for this image