On the jurisprudence of chargeability for sanitary works and for poor rates, police rates, and other branches of local administration.

  • Chadwick, Edwin, 1800-1890.
Date:
1873
Catalogue details

Licence: Public Domain Mark

Credit: On the jurisprudence of chargeability for sanitary works and for poor rates, police rates, and other branches of local administration. 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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    EXPLANATORY NOTE BY THE AUTHOR. The term jurisprudence, in the work submitted, is used for the extension of an old principle of equity law or jurisprudence, to new conditions for the advance- ment of state medicine, as it has lately been termed, or sanitary science. The term once denoted the dicta of persons in ofiScial position, or who, in professorial positions, had given special study to subjects, and were thence recognised as competent to advise what was prudent or provident to be done in given con- ditions. Professor Long states in his Politieal Dictionary, that “The Latin word prudentia (contracted from providentia) came by a natural transition to mean knowledge or understanding.” “ Eabebat ” (says Nepos, “ Life of Cimon,” c. 2), magnam pnidentiam turn juris civilis turn rei militaris hence persons skilled in the Roman law were called juris prudentes, or BixsxpVy prudentes ; in the same manner that they were called consulti, as well as juris consulti. (Haubold’s “Lineamenta Instit: Juris Romani,” lib. iv, cap. 6; Hugo, “ Geschichte des Romischen Rechts,” p. 548, ed. xi.) A large part of the Roman law was gradually adopted by the legislature and the judices from the writings of the jurists; the Emperors moreover sometimes appointed persons whose opinions (or responsa) the judex was bound to follow, (Dig. lib. i. tit. 2., No. 2, J 6-7, 36-47 ; Inst, lib., i. tit. 2. § 8.) According to the acceptation of the term prudeiis, or juris prudens in the Roman , juris prudentia is sometimes limited to the dexterity of a practical lawyer in applying rules of law to individual cases, whence the technical use of the term jurisprudence in the French legal language for law founded on judicial decisions or on the writings of jurists. In recent times, the term jurisprudence has been extended to medicine, cura- tive or preventive, which was probably in the view of the founder of the prize. In this sense the term would comprehend the instructional notifications issued upon the consultation of medical authorities by the first general Board of Health. In England, the conclusions so obtained were sometimes embodied as legal orders. On the Continent, they were frequently translated and issued for voluntary adoption, as of authority on the subject matters. So also the rules and orders of that body for the regulation of the duties of Medical Oflicers of Health, on the dissolution of that Board, ceased to be of legal authority, but have been recognised, and reprinted, by the British Medical Association L of authority for voluntary adoptionas prudentia for guidance. It is submitted for observation, that whilst there has been very elear writing