Report of the Proceedings Under a Brieve of Idiotry: Peter Duncan Against David Yoolow, Tried at Coupar-Angus, 28-30 1837; With an Appendix of Relative Documents, and an Introduction (Classic Reprint) - Hardcover

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Excerpt from Report of the Proceedings Under a Brieve of Idiotry: Peter Duncan Against David Yoolow, Tried at Coupar-Angus, 28-30 1837; With an Appendix of Relative Documents, and an Introduction

The leading provisions of the law of Scotland for affording re lief to those who labour under mental disabilities, are based on a recognition Of the Obvious and important distinction which sub sists between those instances where, from an absolute defect of capacity, the person as well as the property of the individual re quires protection, and those instances where, from the deficiency being only partial, personal protection is not called for, and the application Of a less stringent remedy will suffice to secure the property of the individual against the craft of others, or his own mischievous exercise of the ordinary powers Of administration: This distinction has naturally suggested the division of such per sons into two great classes.

The first of these classes, as described by our institutional writers, comprehends every one who is, in legal language, fatu ous, and naturally an idiot - Or furious, mad, and a lunatic - Or whose external senses are so imperfectly organized as to render him totally incapable of the independent management of himself or his affairs.

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