On the scientific value of the legal tests of insanity : a paper read before the Metropolitan Counties Branch of the British Medical Association / by J. Russell Reynolds.

  • John Russell Reynolds
Date:
1872
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Licence: Public Domain Mark

Credit: On the scientific value of the legal tests of insanity : a paper read before the Metropolitan Counties Branch of the British Medical Association / by J. Russell Reynolds. Source: Wellcome Collection.

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    doing certain things, but, by reason of disease, are quite incapable of others. There is a definite amount of mental exertion that they may make, not only with- out injury, but with advantage to themselves; but their capacity is limited, and there would be danger in their attempts to pass beyond the limits which their disease has fixed. On certain simple matters, such as the ordering of their dinners or the dis- posal of some property in the funds to near rela- tives, they may be as clear in thought and as correct in intention as any sane person in this room; but, supposing that, outside his own small and simple affairs, one thus afflicted, has the misfor- tune to be executor to a large estate, trustee of a bank, or to be in some way responsible for the com- plicated affairs of others, it might be unsafe, and indeed perilous to him, to attempt to enter upon their consideration, and also absolutely ruinous to others for his judgment to have been made the basis of action. Now it sometimes happens that such cases become the subjects of legal inquiry; and I have heard very strong expressions used by learned counsel with regard to the qualifications and morale of a phy- sician who should say that a man was quite fit for the one duty and quite unfit for the other. It seems to be impossible, according to the present state of the law, to relieve a man from responsibility without stating that he is of c unsound mind;' and such relief has sometimes been obtained bv such enforced state- ment, but it has been obtained in spite of the protest of the physician as to the phrase, and for the simple purpose of securing the patient against work for
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