英文法律词典 D-36

DELIBERATION. legislation. The council which is held touching¹ some business, in an assembly having the power to act in relation to it.

2. In deliberative assemblies, it is presumed that each member will listen to the opinions and arguments of the others before he arrives at a conclusion.

DELICT, civil law. The act by which one person, by fraud or malignity², causes some damage or tort to some other. In its most enlarged sense, this term includes all kinds of crimes and misdemeanors, and even the injury which has been caused by another, either voluntarily or accidentally without evil intention; but more commonly by delicts are understood those small offences which are punislied by a small fine or a short imprisonment³.

2. Delicts are either public or private; the public are those which affect the whole community by their hurtful consequences; the private is that which is directly injurious to a private individual. Inst. 4, 18; Id. 4, 1 Dig. 47, 1; Id. 48, 1.

3. A quasi-delict, quasi delictum, is the act of a person, who without malignity, but by an inexcusable imprudence, causes an injury to another. Poth. Ob. n. 116; Ersk. Pr. Laws of Scotl. B. 4, t. 4, s. 1.

DELINQUENT⁴, civil law. He who has been guilty of some crime, offence or failure of duty.

DELIRIUM⁵, med.jur. A disease of the mind produced by inflammations, particularly in fevers, and other bodily diseases.

2. It is also occasioned by intoxicating⁶ agents.

3. Delirium manifests its first appearance "by a propensity⁷ of the patient to talk during sleep, and a momentary⁸ forgetfulness of his situation, and of things about him, on waking from it. And after being fully⁹ aroused, however, and his senses collected, the mind is comparitively clear and tranquil¹⁰, till the next slumber¹¹, when the same scene is repeated. Gradually the mental disorder¹² becomes more intense, and the intervals¹³ between its returns of shorter duration, until they are scarcely, or not at all perceptible. The patient lies on his back, his eyes, if open, presenting a dull and listless look, and is almost constantly talking to himself in a low, muttering tone. Regardless of persons or things around him and scarcely capable of recognizing them when aroused by his attendants, his mind retires within itself to dwell upon the scenes and events of the past, which pass before it in wild and disorderly array, while the tongue feebly records the varying impressions, in the form of disjointed, incoherent discourse¹⁴, or of senseless rhapsody. In the delirium which occurs towards the end of chrome diseases, the discourse is often more coherent and continuous, though the mind is no less absorbed in its own reveries. As the disorder advances, the voice becomes more indistinct, the fingers are constantly picking at the bed-clothes, the evacuations are passed insensibly, and the patient is incapable¹⁵ of being aroused to any further effort of attention. In some cases, delirium is attended with a greater degree of nervous and vascular¹⁶ excitement, which more or less modifies the above-mentioned symptoms. The eyes are open, dry, and bloodshot, intently gazing into vacancy¹⁷, as if fixed¹⁸ on some object which is really present to the mind of the patient; the skin is hotter and dryer¹⁹; and he is more restless and intractable. He talks more loudly, occasionally breaking out into cries and vociferation, and tosses about in bed, frequently endeavoring to get up, though without any particular object in view." Ray, Med. Jur. §213.

4. "So closely does delirium resemble mania²⁰ to the casual observer, and so important is it that they should be distinguished²¹ from each other, that it may be well to indicate some of the most common and prominent features of each. In mania, the patient recognizes persons and things, and is perfectly²² conscious of, and remembers what is passing around him. In delirium, he can seldom distinguish one person or thing from another, and, as if fully occupied with the images that crowd upon his memory, gives no attention to those that are presented from without. In delirium, there is an entire abolition²³ of the reasoning power; there is no attempt at reasoning at all; the ideas are all and equally insane; no single train of thought escapes the morbid²⁴ influence, nor does a single operation of the mind reveal a glimpse of its natural vigor²⁵ and acuteness. In mania, however false and absurd the ideas may be, we are never at a loss to discover patches of coherence²⁶, and some semblance²⁷ of logical sequence in the discourse. The patient still reasons, but he reasons incorrectly. In mania, the muscular power is not perceptibly diminished, and the individual moves about with his ordinary ability. Delirium is invariably attended with great muscular debility; and the patient is confined to bed, and is capable of only a momentary effort of exertion²⁸. In mania, sensation is not necessarily impaired²⁹ and, in most instances, the maniac³⁰ sees, bears, and feels with all his natural acuteness. In delirium, sensation is greatly impaired, and this avenue to the understanding seems to be entirely³¹ closed. In mania, many of the bodily functions are undisturbed, and the appearance of the patient might not, at first sight, convey the impression of disease. In delirium, every function suffers, and the whole aspect of the patient is indicative of discase. Mania exists alone and independent of any other disorder, while delirium is only a symptom or attendant of some other disease. Being a symptom only, the latter maintains certain relations with the -discase on which it depends; it is relieved when that is relieved, and is aggravated³² when that increases in severity. Mannia, though it undoubtedly³³ tends to shorten life, is not immediately dangerous; whereas the disease on which delirium depends, speedily terminates in death, or restoration to health. Mania never occurs till after the age of puberty; delirium attacks all periods alike, from early childhood to extreme old age." Id. §216.

5. In the inquiry³⁴ as to the validity of testamentary dispositions³⁵, it is of great importance, in many cases, to ascertain³⁶ whether the testator labored³⁷ under delirium, or whether he was of sound mind. Vide Sound mind; Unsound mind; 2 Addams, R. 441; 1 Addams, Rep. 229, 383; 1 Hagg. R. 577; 2 Hagg. R. 142; 1 Lee, Eccl. R. 130; 2 Lee, Eccl. R. 229; 1 Hag . Eccl. Rep. 256.