Moral Principles and Medical Practice: The Basis of Medical Jurisprudence

by Charles Coppens

1. Medical authorities maintain that it requires at least as much knowledge of therapeutics to use hypnotism safely as it does for the general practice of medicine, and requires of a physician who engages in it a more thorough mastery of his profession than many other branches of the healing art, and therefore that it is as objectionable to allow non-professionals to deal with hypnotism as it would be to allow medical practice promiscuously to all persons without a Doctor’s diploma. In fact, in Russia, Prussia, and Denmark none but licensed physicians can lawfully practise hypnotism. Aside from a variety of accidents which may result to the subject hypnotized from the ignorance of physiology in the hypnotizer, there is this general injury sustained, that even strong subjects frequently experimented upon contract a disposition to be readily thrown into any of the three morbid states of the mesmeric trance. All these states are real diseases and are allied to hysteria, epilepsy, and a whole family of nervous troubles, any one of which is sufficient to make a patient very miserable for life, and even to lead him to an early grave.

2. The moralist has still stronger objections against the use of hypnotism, except when it is used as a means to most important results. He maintains that one of the greatest evils that can befall a man is the weakening of his will-power; this leaves him a victim to the cravings of his lower appetites. Now the frequent surrender of one’s will to the control of another is said (very reasonably, it would seem) to bring on a weakening of the will or self-control. We see this exemplified in the habitual drunkard. He loses will-power to such an extent that he can scarcely keep his most solemn promises or withstand the slightest temptations. There is a very serious question asked by the moralist upon another resemblance of an hypnotic subject to a drunkard. He asks whether any man has a right for the amusement perhaps of the curious lookers-on to forfeit for awhile his manhood, or the highest privilege of his manhood—his powers of intellect and free-will. He admits that we do so daily in our sleep. But then he argues that sleep is a necessity of our nature directly intended by the Creator, a normal part of human life. Besides it is a necessary means for the renewal of our strength, and on the plea of necessity the moralist may admit the use of hypnotism when it is needed for the cure of bodily diseases. But for the mere amusement of spectators he maintains that it is wrong for a man thus to resign his human dignity, as it would be wrong for him to get drunk for the amusement of lookers-on. Still, in this latter case the evil would be greater, for in drunkenness there is contained a lower degradation, inasmuch as the baser passions are then left without all control, and are apt to become exceedingly vile in their licentious condition. The hypnotic subject has at least the mind and will of the hypnotizer to direct him. Here, however, appears the need of another caution, namely, that the hypnotizer should be known to be a virtuous man; else the evil that he can do to his subject, as is readily seen, may be even worse than that resulting from a fit of drunkenness. And as men who occupy even respectable positions may yet be vile at heart, it is very desirable for prudence’ sake to have no one hypnotized in private without the presence of a parent, close relative, or some other party, who will see to it that nothing improper be suggested during the trance. For the scenes gone through during the hypnotic state, though not remembered by the subject upon his return to consciousness, are apt to recur to him afterwards like a dream, showing that they have left traces behind them.

3. Legal writers and lawyers have serious charges against hypnotism. This practice, they maintain, if publicly exhibited to old and young, begets dangerous cravings for sensational experiments. Turning away men’s attention from the sober realities and duties of social life, it prompts them to pursue the unnatural and abnormal. It was this craving that in less enlightened ages led men to the superstitious practice of astrology and witchcraft. At present it leads to such vagaries and unchristian and often immoral practices as are connected with spiritism, faith-cures, mind-reading, and similar foolish or criminal or at least dangerous experimentations which dive into the dark recesses found in the border-land of the preternatural. The atmosphere of that region is morally unhealthy and should be barred off by the guardians of public morals.

The most common objection of legal writers is directed against the various crimes to which hypnotism is apt to lead men of criminal propensities. They point to the statements of Dr. Luys, a respectable authority on hypnotism, who says: “A patient under the influence of hypnotism can be made to swallow poison, to inhale noxious gases. He can be led to make a manual gift of property, even to sign a promissory note or bill, or any kind of contract.” Indeed, how can notaries or witnesses suspect any fraud when even the Doctor needs all his experience and all his skill to avoid falling into error? In criminal matters a man under suggestion can bring false accusations and earnestly maintain that he has taken part in some horrible crime.

VII. FURTHER EXPLANATION OF HYPNOTISM.

After considering the objections to the use, or rather abuse, of hypnotism, I may add some further explanation of hypnotism itself—of its nature so far as it is known to science. Science has ascertained the reality of the phenomena and facts—not single facts only, scattered here and there, but groups of facts uniformly obedient to certain laws of nature. It has not yet discovered the exact cause or causes of all these phenomena, but it gives plausible explanations of them, both in the physical theory of the Paris School and in the psychical theory of the Nancy School of Physicians. Science has discarded the original theory of a mesmeric fluid as the cause of these phenomena, just as it has discarded the formerly supposed fluids of electricity and magnetism. Of electricity the “Century Dictionary” says: “A name denoting the cause of an important class of phenomena of attraction and repulsion, chemical decomposition, and so on, or, collectively, these phenomena themselves.” The true nature of electricity is as yet not all understood, but it is not, as it was formerly supposed to be, of the nature of a fluid. Similarly we may define hypnotism as the collection of peculiar phenomena of a trance or sleep artificially induced, or the induced trance or sleep itself.

The true cause of these phenomena is not yet understood, but there is no apparent reason for attributing them to a special fluid; they seem to be peculiar ways of acting, belonging to man’s physical powers when his nerves are in an abnormal condition. By laying down these definite statements we gain the advantage that we isolate hypnotism from the frauds and empty shades, from the ghosts and hobgoblins with which it used to be associated in the border-region which we have undertaken to explore. Science deals with well-ascertained facts. Now of mesmerism, animal magnetism, and its kindred, odylism, we have seen that we have no reliable facts. We have done with those unsubstantial shades. But of hypnotism we have well-known facts, and we have shown it to be placed on a scientific basis.

VIII. SCIENCE DREADS ERROR.

Of clairvoyance, mind-reading, palmistry, spiritual science cures we have no certain facts, but we have many impostures connected with them. If ever we get real and undoubted facts proved to be connected with them, we ought to examine them with care. Science is not afraid of any portion of nature; all it dreads is ignorance, and what is worse, error. Error with regard to facts may be committed in two ways—by admitting as facts what are not facts, and by denying facts. Now, there are facts certain and well ascertained, numerous and widely known, connected with some other portions of the border-land of science that we have not yet looked into, though I have mentioned their names. He who would assert that spiritism, table-turning, spirit-rapping, and so on are mere idle talk, sheer impostures, is not well read in the literature of the present day. By denying all reality to these phenomena he strays as far from the truth as if he allowed himself to believe mere fabrications. They are not impositions, but they are worse; they are superstitions. By superstitions I mean here the practice of producing results which cannot possibly proceed from the powers of nature, and which could not without absurdity be attributed to the interference of the Creator or His good angels.

Some persons strenuously object to introducing any reference to God into scientific works. Science consists in tracing known effects to their true causes. If there were no God, He could not be a true cause and it would be unscientific to introduce His agency. But if there is a God and He acts in the world which He has made, we must take His actions into account when we study His works. Some say, “I do not believe in a God.” That may be, but that does not prove that there is no God. Belief is a man’s wilful and fine acceptance of what is proposed to him on the authority of some one else. Students have most of their knowledge on the authority of their professors and other men of learning. If a medical student would say, “I do not believe in microbes nor in contagion by disease germs,” that would not kill the germs nor protect him against contagion. Nor would it show his superior wisdom, but rather his extravagant conceit and ignorance. So with those who believe not in God.