Page:The Green Bag (1889–1914), Volume 06.pdf/168

 Hypnotism and the Law. qui clauses habent oatlos — there seems to be no doubt that this question must be answered in the affirmative. Cases of this kind were recorded by Liegois and Despine. In 1853 a professional mesmerist at Mar seilles assaulted a patient while obviously in a magnetic sleep; and the cases of Castellan in 1865, and Levy in 1879, are of a similar character. Here a further line of inquiry arises. How shall we protect the patient against the hypnotist and the hypnotist against false charges by the patient? The ethics of the medical profession will doubt less prevent the porformance of any hypnotic experiment by a medical practitioner, except in the presence of independent witnesses. But there is something to be said for the view that this dictate of professional morality should be clothed with the authority of law. 3. The other medico-legal problems to which hypnotism gives rise can be disposed of briefly. The general principles of our law are already comprehensive enough to embrace means of settling such questions as these. What shall be done unto the man who hypnotises another without his consent? When is hypnotic influence un due? How shall we determine the business responsibility of hypnotic subjects? Nor

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need we tarry long over the questions raised by the De Jong case, whether the use of hypnotism as a method of detective inquiry is either fair or valuable. Such a thing as the hypnotisation of a prisoner against or with his will is utterly alien to English juridicial ideas. But there is no incongruity in its appearance in a system of criminal procedure which subjects an accused person to the inquisitorial cross-examination, and turns his speech and his silence alike to his dis advantage. The value of hypnotism as a mode of obtaining evidence is, however, extremely doubtful. It is difficult to hyp notize a man without his consent, and the most competent hypnotists declare that hypnotic subjects can and do tell lies as readily as if they were awake. The pro posed hypnotization of De Jong will, how ever, achieve a useful end, if it arouses legal and general interest in the problems of hypnotism. It is certain that we shall soon have to face and to solve them; and it is much to be desired that when our day of experiment comes, both the legal profession and the public should be able to approach with informed minds the difficult questions which it will present for our consideration. — Law Times.