The defects of the lunacy law; a vindication of the decision of the Lord Chief Baron of the Court of Exchequer, in the case of Nottidge versus Ripley / by T. T. Wingett.

  • Wingett, T. T.
Date:
1849
Catalogue details

Licence: Public Domain Mark

Credit: The defects of the lunacy law; a vindication of the decision of the Lord Chief Baron of the Court of Exchequer, in the case of Nottidge versus Ripley / by T. T. Wingett. Source: Wellcome Collection.

Provider: This material has been provided by Royal College of Physicians, London. The original may be consulted at Royal College of Physicians, London.

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    than compensate for the confusion and mischief which were the immediate results of his Lordship’s official expositions. But this remedy can only be supplied by a new statute ; for we learn from our law authorities, that u precedents and rules must be followed, even when they are flatly absurd and unjust, if they are agreeable to ancient principles; because, what is clearly the law of England, can only be abrogated by the authority of King, Lords, and Commons, in Parliament assembled.” And, moreover, the law of the land says, that u when an old custom is fallen into disuse, or become disputable, to avoid difficulties, Parliament declares by a statute what the common law is.” Until the antiquated and narrow-minded view of mental, disease, of which we complain so much, and which has lately achieved so much mischief, be thus dealt with, lunacy affairs will continue to be characterised by misapprehension and uncertainty ; transacted without authority; and that benevolent but mistaken remonstrance and cavilling which has been lately heaped upon the Lord Chief Baron, so injurious to the dignity of the bench, will be, for a certainty, of frequent repetition. Moreover, this is a question which concerns the permanent tranquillity of many an afflicted family, who naturally contemplate with horror the possible exposure and litigation at present suspended over them.