Austin O'Malley

“ Where shall we draw the line between the weak but responsible will and the insane will? What degree of opacity between intellect and the world separates the ignorant man from the lunatic? The extremes of sanity and insanity are readily recognisable, but the intermediate degrees are not clear. There is no test to apply to all cases; each must be diagnosed from its peculiar symptoms, but the will of an insane man is always weak. It can not deny or defer the gratification of a desire, nor can it keep up an effort. ”

“ Nearly everyone has something of the consciousness that there is in him possibilities for evil that somehow he escapes, and yet the escape is not entirely due to his own will power. There is here the mystery of temptation, of free will and of grace as the drama of conscience works itself out in every human being. ”

“ There can be no doubt that criminality becomes for some men a sort of mania, and that society must protect itself against their actions quite as it does against those of the insane by confining them under surveillance. It seems very clear that while a man may, under stress of circumstances or because of some specially tempting opportunity, be induced to commit burglary or some other crime by violence in order to obtain money, this will not happen a second time, except in the case of certain individuals whose moral tone is so perverted that reformation is practically hopeless. ”

“ Now, if you kill a man, you destroy his human nature by separating his soul and body, you subordinate and sacrifice him wholly to yourself, make him entirely yours, which is unjust. Even the state has no right to kill an innocent man. ”

“ The old English legal opinion which declared a man responsible if he knows that what he is doing is wrong has now given way in most judicial proceedings to the principle that the man must not only know that he is doing wrong, but that he must also realise that he is free not to do that which he knows to be wrong. That is to say, if he feels himself compelled to the commission of crime, there is surely an impairment of responsibility. ”

“ A visit from the pastor, because of his importance, is always harmful, and if the bishop drives up in his carriage so that the neighbours may see him, all the physicians in the city can not help her. If you wish to keep an hysterical girl in her vapours, get her a physician that will grow excited over her, take the dear child out of school and weep above her couch, let the family and its friends assure the unfortunate attending physician in her presence that he is heartless, and she will stay hysterical to her soul's content. ”

“ The woman, we suppose, has maliciously put the foetus in its position of material aggressor, but has the foetus the right to kill her? No; the foetus is an individual not acting in self-defence, it is merely growing. Has the woman or the surgeon, her protector, the right to permit the death of the foetus to defend the woman's life? I think they have, because the foetus here also is, from its unnatural position, a materially unjust aggressor. ”

“ The persuasion that tuberculosis is not hereditary will do much to encourage patients suffering from the disease to feel that they are not hopelessly doomed. At the present time it is not unusual to find patients so discouraged, when told that they have tuberculosis, that it is almost impossible to secure a favourable reaction to any mode of treatment. They have seen members of families die one after another, or they have heard stories of the inevitable way in which consumption wiped families out of existence, and they give up hope and become quite cast down. ”

“ The fact that the lunatic uses his will has no weight whatever in permitting me to defend my life against him, it is an accidental thing outside the question; but Father Aertnys in mentioning the madman's will means solely, if I understand him, that the madman is really an active aggressor. The foetus, however, is also an active aggressor without using its will. I might fall from a height toward a man and certainly endanger his life while I was not using my will at all, not conscious of the man's presence under me, or even while I was using all the power of my will against the result. ”

“ I do not think I should hesitate to say, however, that the majority of these unfortunates present distinct signs of physical and mental degeneration and are rather deserving of pity and care than of condemnation. They need, as a rule, very special environment to enable them to lead ordinary, respectable lives, because they were not originally endowed with sufficient initiative and independence of spirit to enable them to carry on the struggle for life in the midst of the hurry and bustle of our modern civilisation. ”

“ Certain forms of masked or psychic epilepsy constitute the most puzzling problem that the expert in nervous and mental disease has to deal with where criminal acts are performed, apparently without sufficient motive, and yet where the limits of responsibility must if possible be determined. It is easy to dismiss these cases and to consider that because a certain amount of intelligence has been displayed in the performance of the act, and because the patient ordinarily understands perfectly the distinction between good and evil. ”

“ The criminal statistics cult blinds its votaries. It is the crime committed by professional criminals that keeps the community in a state of siege. The professional criminals are few and I may add they are well known to the police. The theory that these men commit crimes under the overpowering pressure of habit, or of impulse, is altogether mistaken. They pursue a career of crime because, as Sir Alfred Wills expresses it, they calculate and accept its risks. And just in proportion as you increase the risks you will diminish the number of those who will face them. ”

“ The most striking proof of this inchoateness of scientific knowledge of heredity is the fact that within five years the work of a monk in Austria, done about forty years ago, which has lain utterly unrecognised ever since, has come to be accepted as the most striking bit of progress made—almost the only real scientific knowledge with regard to heredity that was acquired during the whole nineteenth century. ”

“ The gases necessary for the child's life diffuse through the membrane which separates the two different bloods, and the salts and soluble proteids necessary for the child's nutrition, as well as the water necessary for its vital processes, all pass through this membrane, but at no time is there any direct blood connection between mother and child. Indeed, for a large part of the formative period of the foetus life, that is, during the first two months of its existence, the ovum is not very closely attached to the uterus at all, but grows by means of the vital power which it has within itself. ”

“ While the influence of heredity can not be denied, there is undoubtedly a tendency to overestimate the influence on the physical being of the power of hereditary transmission, and, on the other hand, to underestimate the influence of this same force as regards disposition and character. There is no doubt now that the physical basis influences the exercise of the will, and that consequently responsibility is not infrequently modified by the hampering influence of unfortunate physical qualities. ”