Lunacy
Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879
Dictionary of Terms and Phrases Used in American or English Jurisprudence
Insanity; unsoundness of mind; particularly such as is acquired, not congenital. Lunatic: an insane person; and, more strictly, one who, having had reason, has lost it, as distinguished from one who never enjoyed reason. The early common-law authorities made only a veiy general classification of persons of unsound mind, calling those lunatics who were born with natural powers of mind, but had incurred loss of them from subsequent causes. Etymologically, the word means moon-struck; and its use sprang from an idea that superinduced insanity was attributable to the baneful influence of the moon's rays; but long after that notion died out the word was retained. Moreover, because the phrase insane person is lengthy, and for want of any single noun to signify both classes of • sense of a person who either never had, or has lost, his reason. Thus, for a period between the most ancient and most modern wi'itings on the subject, lunacy appears as a common legal designation of insanity. But the older and stricter use of the word is as the antithesis of idiot. See Idiocy; Insanity. And progress in medico-legal science, developing new classifications of mental disease, and introducing a new nomenclature, has deprived "lunacy" of much of its character as a technical term, and practically remitted it to the vernacular. Lunacy is the common legal designation of insanity, or the state of being non compos mentis. The law takes notice of three degrees of lunacy; lunacy which exempteth in crime; lunacy which excuseth in contract; and lunacy which placeth the party and his property under the protection of the crown. Browa. Lunatic is defined by Blackstone as a person who hath had understanding, but by disease, grief, or any other cause, has become non compos mentis; that is, of mind so unsound as to be incapable of managing himself or his affairs.
But by 16 & 17 Vict. ch.
70, § 2, passed in 1853, it is enacted that in that statute the word lunatic shall be construed to mean any person found by inquisition idiot, lunatic, or of unsound mind, and incapable of managing himself or his affairs.
Mozky Sj- W
A lunatic is an insane person; one who has lost the use of his reason; and, strictly, one who has lucid intervals, sometimes enjoying his senses and sometimes not.
Btarrill; Matter of Barker, 2 Johns. Ch. 232; Beverley's Case, 4 Coke, 124 b.
Lunacy includes both the forms of mental alienation known respectively as mania and dementia.
Matter of Vanauken, 10 N. J. Eq. 186.
Lunatic, as iised in provisions of N. Y. Eev. Stat., relative to annulling marriage, extends to every person of unsound mind other than idiots.
2 Bev. Stca. 143, § 29.
Lunacy acts
British statutes regulating the issuing and execution of commissions for ascertaining the insanity of M. M. Occurs in some legal abbreviations. See Table prefixed to Vol. I. It is also used as signifying one thousand. some individual. See De lunatico