Anatomy Act 1832
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The Anatomy Act 1832 (2 & 3 Will. IV c.75) is an
Act of Parliament Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the Legislature, legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of ...
of the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
that gave free licence to
doctors Doctor or The Doctor may refer to: Personal titles * Doctor (title), the holder of an accredited academic degree * A medical practitioner, including: ** Physician ** Surgeon ** Dentist ** Veterinary physician ** Optometrist *Other roles ** ...
, teachers of
anatomy Anatomy () is the branch of biology concerned with the study of the structure of organisms and their parts. Anatomy is a branch of natural science that deals with the structural organization of living things. It is an old science, having its ...
and bona fide
medical student A medical school is a tertiary educational institution, or part of such an institution, that teaches medicine, and awards a professional degree for physicians. Such medical degrees include the Bachelor of Medicine, Bachelor of Surgery (MBBS, MB ...
s to dissect donated bodies. It was enacted in response to public revulsion at the illegal trade in corpses.


Background

The 19th century ushered in a new-found medical interest in detailed anatomy thanks to an increase in the importance of surgery. In order to study anatomy, human cadavers were needed and thus ushered in the practice of grave robbing. Before 1832, the
Murder Act 1752 The Murder Act 1751 (25 Geo 2 c 37), sometimes referred to as the Murder Act 1752,Leon RadzinowiczA History of English Criminal Law and Its Administration from 1750 Macmillan Company. 1948. Volume 1. Page 801. was an Act of the Parliament of Gr ...
stipulated that only the corpses of
executed Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
murderer Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person wit ...
s could be used for dissection. By the early 19th century, the rise of
medical science Medicine is the science and practice of caring for a patient, managing the diagnosis, prognosis, prevention, treatment, palliation of their injury or disease, and promoting their health. Medicine encompasses a variety of health care practice ...
– coinciding with a reduction in the number of executions – had caused demand to outstrip supply. Around 1810, an anatomical society was formed to impress upon the government the necessity for altering the law. Among its members were
John Abernethy John Abernethy may refer to: * John Abernethy (bishop), Scottish bishop, died 1639 * John Abernethy (judge) (born 1947), Australian judge *John Abernethy (minister) (1680–1740), Presbyterian minister in Ireland *John Abernethy (surgeon) (1764–18 ...
,
Charles Bell Sir Charles Bell (12 November 177428 April 1842) was a Scotland, Scottish surgeon, anatomist, physiologist, neurologist, artist, and philosophical theologian. He is noted for discovering the difference between sensory nerves and motor nerves in ...
,
Everard Home Sir Everard Home, 1st Baronet, FRS (6 May 1756, in Kingston upon Hull – 31 August 1832, in London) was a British surgeon. Home was born in Kingston-upon-Hull and educated at Westminster School. He gained a scholarship to Trinity College, Ca ...
, Benjamin Brodie,
Astley Cooper Sir Astley Paston Cooper, 1st Baronet (23 August 176812 February 1841) was a British surgeon and anatomist, who made contributions to otology, vascular surgery, the anatomy and pathology of the mammary glands and testicles, and the pathology ...
, and
Henry Cline Henry Cline (1750–1827) was an English surgeon and president of the Royal College of Surgeons. He was also a political radical, associated with leading supporters of the French Revolution, a farmer, and a Fellow of the Royal Society. Life ...
. The efforts of this body gave rise in 1828 to a select committee to report on the question. The report of this committee led to the Bill. Public revulsion at the recent
West Port murders The Burke and Hare murders were a series of sixteen killings committed over a period of about ten months in 1828 in Edinburgh, Scotland. They were undertaken by William Burke and William Hare, who sold the corpses to Robert Knox for dissection ...
swayed opinion in favour of a change in the law. In 1831 public outcry at the activities of the
London Burkers The London Burkers were a group of body snatchers operating in London, England, who apparently modeled their activities on the notorious Burke and Hare murders. They came to prominence in 1831 for murdering victims to sell to anatomists, by luring ...
caused further pressure for a Bill.


Passage of the Bill

Public sentiment notwithstanding, there was substantial opposition to the Bill. In 1829 the
Royal College of Surgeons The Royal College of Surgeons is an ancient college (a form of corporation) established in England to regulate the activity of surgeons. Derivative organisations survive in many present and former members of the Commonwealth. These organisations a ...
petitioned against it, and it was withdrawn in the
House of Lords The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the ...
owing to the opposition of the
Archbishop of Canterbury The archbishop of Canterbury is the senior bishop and a principal leader of the Church of England, the ceremonial head of the worldwide Anglican Communion and the diocesan bishop of the Diocese of Canterbury. The current archbishop is Justi ...
William Howley William Howley (12 February 1766 – 11 February 1848) was a clergyman in the Church of England. He served as Archbishop of Canterbury from 1828 to 1848. Early life, education, and interests Howley was born in 1766 at Ropley, Hampshire, w ...
. A new Anatomy Bill was introduced in 1832. Though strongly opposed by
Hunt Hunting is the human practice of seeking, pursuing, capturing, or killing wildlife or feral animals. The most common reasons for humans to hunt are to harvest food (i.e. meat) and useful animal products (fur/ hide, bone/tusks, horn/antler, e ...
, Sadler, and
Vyvyan Vivian (and variants such as Vivien and Vivienne) is a given name, and less often a surname, derived from a Latin name of the Roman Empire period, masculine ''Vivianus'' and feminine '' Viviana'', which survived into modern use because it is the n ...
, it was supported by Macaulay and O'Connell. It was passed by the House of Lords on 19 July 1832.


Provisions of the Act

The Act provided that anyone intending to practise
anatomy Anatomy () is the branch of biology concerned with the study of the structure of organisms and their parts. Anatomy is a branch of natural science that deals with the structural organization of living things. It is an old science, having its ...
had to obtain a licence from the
Home Secretary The secretary of state for the Home Department, otherwise known as the home secretary, is a senior minister of the Crown in the Government of the United Kingdom. The home secretary leads the Home Office, and is responsible for all national ...
. Usually, one or two teachers in each institution took out this licence and hence were known as licensed teachers. They accepted responsibility for the proper treatment of all bodies dissected in the building for which their licence was granted. Regulating these licensed teachers, and receiving constant reports from them, were four inspectors of anatomy, one each for London, the rest of England and Wales, Scotland, and Ireland, who reported to the Home Secretary, and knew the whereabouts of every body being dissected. The principal provision of the Act was section 7, which stipulated that a person having lawful possession of a body could permit it to undergo "anatomical examination" (dissection) provided that no relative objected. Most of the other sections were subsidiary, detailing the methods for carrying section 7 into effect. Also, section 16 repealed parts of sections 4 and 5 of the
Offences Against the Person Act 1828 The Offences Against the Person Act 1828 (9 Geo. 4 c. 31) (also known as Lord Lansdowne's Act) was an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions in the law related to offences against t ...
, which had consolidated several provisions from several earlier statutes and had retained the provision of 1752 that the bodies of murderers were to be hung in chains or dissected after execution. Section 16 provided instead that such bodies were to be either hung in chains or buried within the precincts of the last prison in which the deceased had been confined. The provision for hanging in chains was repealed by the
Hanging in Chains Act 1834 Hanging is the suspension of a person by a noose or ligature strangulation, ligature around the neck.Oxford English Dictionary, 2nd ed. Hanging as method of execution is unknown, as method of suicide from 1325. The ''Oxford English Dictionary' ...
, and the whole section was repealed and replaced by section 3 of the Offences against the Person Act 1861. The Anatomy Act provided for the needs of
physicians A physician (American English), medical practitioner (Commonwealth English), medical doctor, or simply doctor, is a health professional who practices medicine, which is concerned with promoting, maintaining or restoring health through th ...
,
surgeons In modern medicine, a surgeon is a medical professional who performs surgery. Although there are different traditions in different times and places, a modern surgeon usually is also a licensed physician or received the same medical training as ...
, and
students A student is a person enrolled in a school or other educational institution. In the United Kingdom and most commonwealth countries, a "student" attends a secondary school or higher (e.g., college or university); those in primary or elementary ...
by giving them legal access to corpses that were unclaimed after death – in particular, corpses of those who had died in
hospital A hospital is a health care institution providing patient treatment with specialized health science and auxiliary healthcare staff and medical equipment. The best-known type of hospital is the general hospital, which typically has an emerge ...
,
prison A prison, also known as a jail, gaol (dated, standard English, Australian, and historically in Canada), penitentiary (American English and Canadian English), detention center (or detention centre outside the US), correction center, correc ...
, or a
workhouse In Britain, a workhouse () was an institution where those unable to support themselves financially were offered accommodation and employment. (In Scotland, they were usually known as poorhouses.) The earliest known use of the term ''workhouse'' ...
. Further, a person could donate the corpse of a
next of kin A person's next of kin (NOK) are that person's closest living blood relatives. Some countries, such as the United States, have a legal definition of "next of kin". In other countries, such as the United Kingdom, "next of kin" may have no legal d ...
in exchange for
burial Burial, also known as interment or inhumation, is a method of final disposition whereby a dead body is placed into the ground, sometimes with objects. This is usually accomplished by excavating a pit or trench, placing the deceased and objec ...
at the expense of the anatomy school. Occasionally a person, following the example of
Jeremy Bentham Jeremy Bentham (; 15 February 1748 Old_Style_and_New_Style_dates">O.S._4_February_1747.html" ;"title="Old_Style_and_New_Style_dates.html" ;"title="nowiki/>Old Style and New Style dates">O.S. 4 February 1747">Old_Style_and_New_Style_dates.htm ...
, left their own body for dissection in the name of the advancement of science; but even then, if the person's relatives objected, it was not received. Before the Act, anatomical research was difficult; for example, the anatomy of the
nervous system In biology, the nervous system is the highly complex part of an animal that coordinates its actions and sensory information by transmitting signals to and from different parts of its body. The nervous system detects environmental changes th ...
was poorly understood. The Act was effective in ending the practice of resurrectionists, who robbed graves as a means of obtaining corpses for medical study. Mobs continued to protest against the Act into the 1840s, in the belief that it still failed to prevent the sale of paupers' bodies for medical research without their consent. An anatomical theatre in
Cambridge Cambridge ( ) is a university city and the county town in Cambridgeshire, England. It is located on the River Cam approximately north of London. As of the 2021 United Kingdom census, the population of Cambridge was 145,700. Cambridge bec ...
was vandalised late in 1833 "by an angry mob determined to put a stop to the dissection of a man; this wave of popular protest alarmed the medical profession who resolved to hide its activities from the general public, and to a greater or lesser extent it has been doing so ever since".


Extent and repeals


Extent

The original extent was specified as ''Great Britain'' and ''Ireland''. The Act (less any amendments) remains in force in Scotland and the Republic of Ireland.


Scotland

The Act remains in force, with amendments, under the Human Tissue (Scotland) Act 2006; Scotland retains an Inspector of Anatomy.


Republic of Ireland

The Act remains in the
Irish Statute Book The Irish Statute Book, also known as the electronic Irish Statute Book (eISB), is a database produced by the Office of the Attorney General of Ireland. It contains copies of Acts of the Oireachtas and statutory instruments.


Repeals


England and Wales

The Act was repealed by the Anatomy Act 1984, which was in turn repealed by the
Human Tissue Act 2004 The Human Tissue Act 2004 is an Act of the Parliament of the United Kingdom, that applied to England, Northern Ireland and Wales, which consolidated previous legislation and created the Human Tissue Authority to "regulate the removal, storage, u ...
. Access to corpses for the purposes of
medical science Medicine is the science and practice of caring for a patient, managing the diagnosis, prognosis, prevention, treatment, palliation of their injury or disease, and promoting their health. Medicine encompasses a variety of health care practice ...
is now regulated by the
Human Tissue Authority The Human Tissue Authority (HTA) is an executive non-departmental public body of the Department of Health and Social Care in the United Kingdom. It regulates the removal, storage, use and disposal of human bodies, organs and tissue for a number ...
.


Northern Ireland

The Act was repealed by the
Anatomy (Northern Ireland) Order 1992 Anatomy () is the branch of biology concerned with the study of the structure of organisms and their parts. Anatomy is a branch of natural science that deals with the structural organization of living things. It is an old science, having its ...
, itself later repealed.


References


Bibliography

* * * * * *


External links


Original text of the Act, as enacted
from the ''
Irish Statute Book The Irish Statute Book, also known as the electronic Irish Statute Book (eISB), is a database produced by the Office of the Attorney General of Ireland. It contains copies of Acts of the Oireachtas and statutory instruments.
''
Original text of the Act, as enacted
from the site of the
Medical Council of Ireland The Medical Council ( ga, Comhairle na nDochtúirí Leighis) is the regulator of the medical profession in Ireland. It maintains the register of medical practitioners licensed to practice, and has the power to place restrictions on or revoke suc ...

The Anatomy Act of 1832
in the exhibition ''The Italian Boy and the unclaimed poor'',
King's College London King's College London (informally King's or KCL) is a public research university located in London, England. King's was established by royal charter in 1829 under the patronage of King George IV and the Duke of Wellington. In 1836, King's ...

Article from ''Modern Drug'' magazine


at
University of Bristol , mottoeng = earningpromotes one's innate power (from Horace, ''Ode 4.4'') , established = 1595 – Merchant Venturers School1876 – University College, Bristol1909 – received royal charter , type ...

Echoes of the Scottish Resurrection Men
from the site of the
University of Aberdeen The University of Aberdeen ( sco, University o' 'Aiberdeen; abbreviated as ''Aberd.'' in List of post-nominal letters (United Kingdom), post-nominals; gd, Oilthigh Obar Dheathain) is a public university, public research university in Aberdeen, Sc ...

The Final Fate of the Poor — The Anatomy Act of 1832
from the site of Devon Heritage {{UK legislation Body snatching United Kingdom Acts of Parliament 1832 1832 in science Repealed United Kingdom Acts of Parliament Medical education in the United Kingdom Acts of the Parliament of the United Kingdom concerning healthcare Acts of the Parliament of the United Kingdom concerning Ireland