This timely book provides a critical look at the profession's rise and subsequent fall.

Stay up-to-date on the ethical and legal issues that affect your clinical and professional decisions! Ethical and Legal Issues for Mental Health Professionals: A Comprehensive Handbook of Principles and Standards details the ethical and legal issues that involve mental health professionals. Respected authorities with diverse backgrounds, expertise, and professional experience discuss contemporary theories emphasizing professional ethics, the ramifications of professional actions and decisions, and ethical standards on teaching, training, research, and publication. This informative handbook provides invaluable up-to-date (...) information and guidelines vital for every mental health professional. This book is a thorough examination of ethical behavior which can be used as a reference source for the professional or a textbook for graduate students. The handbook itself is divided into five sections. The first section is a detailed introduction of ethics, law, and licensing. The second section presents general ethical principles like competence, integrity, and respect for individual rights and dignity. The third section examines confidentiality, privilege, consent, and protection. The fourth section focuses on general ethical standards in practice, including sexual contact, multiple relationships, and bartering. The fifth section presents the ethical principles and standards in teaching, training, and research. Appendices include the Ethical Principles of Psychologists and Code of Conduct (American Psychological Association, 2002) and the Code of Ethics of the National Association of Social Workers (National Association of Social Workers, 1999). Ethical and Legal Issues for Mental Health Professionals: A Comprehensive Handbook of Principles and Standards discusses: the history of basic approaches and issues in ethical philosophy five fundamental areas in the process of developing competence the necessary ingredients for the mental health professional's practice of integrity aspirational versus enforceable standards of ethics concern for the welfare of others as a core ethical principle the notion of social responsibility in the ethics codes of psychologists and social workers ethical principles, statutes, and case law protecting privacy and confidentiality issues involving the therapist-patient privilege the "duty to protect" doctrine and relevant legal issues the dynamics of multiple relationships and boundary violations sexualized dual relationships between psychologists and patients possible conflict of interest in bartering for services the requirements and implementation of maintaining patient records to avoid ethical and legal problems possible ethical dilemmas involving referrals and fees much, much more This Handbook is an essential resource for all mental health professionals, including psychologists, psychiatrists, social workers, counselors, therapists, and graduate students in mental health and the related fields. Ethical and Legal Issues for Mental Health Professionals: A Comprehensive Handbook of Principles and Standards is the first of three volumes under this title. The following volumes will focus on forensic settings and special populations/special treatment modalities. (shrink)

What place, if any, ought cultural considerations have when we blame and punish in the criminal law? Bringing together political and legal theorists Criminal Law and Cultural Diversity offers original and diverse discussions that go to the heart of both legal and political debates about multiculturalism, human agency, and responsibility.

Legislation for dementia care needs to be continually rethought, if the rights of older persons and other persons with dementia are to be addressed properly. We propose a theoretical framework for understanding vulnerability and dependency, which enables us to problematize the currently prevailing legal conception of adults as always able — irrespective of health or age — to act autonomously in their everyday lives. Such an approach gives rise to difficult dilemmas when persons with dementia are forced to make (...) decisions on their own about basic living conditions, such as housing and care, without decision-making support. In Sweden, for example, such matters are frequently left to the person him- or herself to decide, often without any assistance from social workers, and with family members serving as caregivers of last resort.Using vulnerability theory as the framework for our discussion, we argue that policymakers should not apply a group-oriented approach (based on factors like age, legal status, or mental capacity) to persons suffering from dementia. The needs of such individuals are as complex and varied as they themselves are. We discuss our findings from an interdisciplinary (law/social work) research project in which we examine the dilemma that social workers face when they are required, under the terms of the Swedish Social Services Act, to determine whether persons with dementia are to be granted support.We argue further that a cross-disciplinary approach — in which vulnerability theory furnishes the framework — opens up for new ways of understanding and developing social welfare law and practice. This, we believe, can help us better address the rights, interests, and needs of people with dementia, of their families, and of professionals in the social welfare system. Finally, many of the problems faced by ageing societies in general can be understood on the basis of such an approach. (shrink)

Foucault's theoretical framework -- Foucault's monsters as genealogy : the abnormal individual -- An English legal history of monsters -- Changing sex : the problem of transsexuality -- Sharing bodies : the problem of conjoined twins -- Admixing embyros : the problem of human/animal hybrids -- Conclusion.

In India, more than ninety percent of the workforce is informal. In spite of this enormous percentage of informal workers, these workers remain invisible to law and policy circles. One of the reasons for such exclusion and invisibility is the absence of unionism involving informal workers. In order to overcome this invisibility, informal workers are increasingly organizing into associations that are different from traditional trade unions. These organizations devise their strategies and their legal statuses in (...) view of the atypical characteristics of informal activities. In this Article, I document some of these organizations of self-employed informal workers in India – their characteristics and functions. On this basis, I contend that these organizations offer a model for collective action by informal workers. I argue that these associations are a sui generis organization of informal workers, and could become a precursor to solidarity-based collective initiatives by informal workers globally. In the backdrop to this proposition, I analyze the role of law in promoting such aggregation of informal workers in furtherance of their collective action. I argue that while organizations of informal workers in India employ the existing legal framework to the best of their advantage, the law fails to recognize some of their status as workers, thereby creating hurdles towards informal workers’ collective action. A small farmer works on her own farm. In tough times, she also works on other farms as a laborer. When the agriculture season is over, she goes to the forest to collect gum and other forest produce. Year round, she produces embroidered items either at a piece rate for a contractor or for sale to a trader who comes to her village to buy goods. Now, how should her trade be categorized? Does she belong to the agricultural sector, the factory sector, or the home-based work sector? Should she be categorized as a farmer or a farm worker? Is she self-employed or is she a piece-rate worker? Because her situation cannot be defined and contained neatly in a box, she has no work status and her right to representation in a union is unrealized. She is denied access to financial services or training to upgrade her skills. The tyranny of having to belong to a well-defined “category” has condemned her to having no “identity.” — Ela R. BhattEla R. Bhatt, We Are Poor but So Many: The Story of Self-Employed Women in India 17. (shrink)

In three parts, this volume in the AP-LS series explores the phenomena of captivity and risk management, guided and informed by the theory, method, and policy of psychological jurisprudence. The authors present a controversial thesis that demonstrates how the forces of captivity and risk management are sustained by several interdependent "conditions of control." These conditions impose barriers to justice and set limits on citizenship for one and all. Situated at the nexus of political/social theory, mental health law and jurisprudential (...) ethics, the book examines and critiques constructs such as offenders and victims; self and society; therapeutic and restorative; health; harm; and community. So, too, are three "total confinement" case law data sets on which this analysis is based. The volume stands alone in its efforts to systematically "diagnose" the moral reasoning lodged within prevailing judicial opinions that sustain captivity and risk management practices impacting: (1) the rights of juveniles found competent to stand criminal trial, the mentally ill placed in long-term disciplinary isolation, and sex offenders subjected to civil detention and community re-entry monitoring; (2) the often unmet needs of victims; and (3) the demands of an ordered society. Carefully balancing sophisticated insights with concrete and cutting-edge applications, the book concludes with a series of provocative, yet practical, recommendations for future research and meaningful reform within institutional practice, programming, and policy. (shrink)

Approaches to legal pluralism vary widely across the spectrum of different disciplines. They comprise normative and descriptive perspectives, focus both on legal pluralist realities as well as public debates, and address legal pluralism in a range of different societies with varying political, institutional and historical conditions. Emphasising an empirical research to contemporary legal pluralist settings in Muslim contexts, the present collected volume contributes to a deepened understanding of legal pluralist issues and realities through comparative examination. (...) This approach reveals some common features, such as the relevance of Islamic law in power struggles and in the construction of (state or national) identities, strategies of coping with coexisting sets of legal norms by the respective agents, or public debates about the risks induced by the recognition of religious institutions in migrant societies. At the same time, the studies contained in this volume reveal that legal pluralist settings often reflect very specific historical and social constellations, which demands caution towards any generalisation. The volume is based on papers presented at a conference in Münster (Germany) in 2016 and comprises contributions by Judith Koschorke, Karen Meeschaut, Yvonne Prief, Ulrike Qubaja, Werner de Saeger, Ido Shahar, Katrin Seidel, Konstantinos Tsitselikis, Vishal Vora and Ihsan Yilmaz. (shrink)

This book offers a comparative study of the management of legal pluralism. The authors describe and analyse the way state and non-state legal systems acknowledge legal pluralism - defined as the coexistence of a state and non-state legal systems in the same space in respect of the same subject matter for the same population - and determine its consequences for their own purposes. The book sheds light on the management processes deployed by legal systems in (...) Africa, Canada, Central Europe and the South Pacific, the multitudinous factors circumscribing the action of systems and individuals with respect to legal pluralism, and the effects of management strategies and processes on systems as well as on individuals. The book offers fresh practical and analytical insight on applied legal pluralism, a fast-growing field of scholarship and professional practice. Drawing from a wealth of original empirical data collected in several countries by a multilingual and multidisciplinary team, it provides a thorough account of the intricate patterns of state and non-state practices with respect to legal pluralism. As the book's non-prescriptive approach helps to uncover and evaluate several biases or assumptions on the part of policy makers, scholars and development agencies regarding the nature and the consequences of legal pluralism, it will appeal to a wide range of scholars and practitioners in law, development studies, political science and social sciences. (shrink)

Criminalization is a form of social marginalization that is little appreciated as a determinant of poor health. Criminalization can be understood in at least two ways — in the narrow sense as the imposition of criminal penalties for a certain behavior, and more broadly as the conferral of a criminalized status on all individuals in the population, whether proven guilty of a specific offense or not. Both criminal penalties and criminalized status threaten the mental and physical health of these (...) populations in many ways. Incarceration, abandonment by families and communities, social disdain, physical abuse, discrimination, and relentless fear undermine their ability to enjoy their right to the highest attainable standard of health goods and services. Understanding the social determinants of health in these populations and formulating programs to address them have rarely been high priorities in national or international policy. (shrink)

This unique text is organized around the most current ethical and legal standards as defined by the mental health professionals of psychology, social work, ...

Die Grundidee der iustitia protectiva besagt: Der verletzliche Mensch hat ein Recht auf Schutz vor Übergriffen auf seine Integrität. Der Mensch ist infolge seiner Verletzlichkeit des Schutzes bedürftig und infolge seiner Würde des Schutzes wert. Wenn er des Schutzes wert ist, hat er dann nicht auch ein Recht auf Schutz? Und wenn die Sicherung eines Rechts Angelegenheit der Gerechtigkeit ist, ist dann nicht die Gewährleistung des Rechts auf Schutz ihre Aufgabe? Ist mithin nicht eine schützende Gerechtigkeit erforderlich? Im Gefüge der (...) Gerechtigkeit ist die iustitia protectiva jedoch nahezu unbekannt. Aus diesem Grund sei in einem ersten Teil ein allgemeines Konzept von ihr entwicke. (shrink)

Peopling the donor world -- The meaning of family in a changing world -- Creating families -- Creating communities across families -- The laws of the donor world: parents and children -- Law, adoption, and family secrets: disclosure and incest -- Reasons to regulate -- Regulating for connection -- Regulating for health and safety: setting limits in the gamete world -- Why not to regulate -- Conclusion: challenging and creating kinship.

What is the source of rights? Rights have been grounded in divine agency, human nature, and morally justified claims, and have been used to assess the moral status of legal and customary social practices. The orthodoxy is that some of our rights are a species of unrecognized or natural rights. For example, black slaves in antebellum America were said to have such rights, and this was taken to provide a basis for establishing the immorality of slavery. Derrick Darby (...) exposes the main shortcomings of the orthodox conception of the source of rights and proposes a radical alternative. He draws on the legacy of race and racism in the USA to argue that all rights are products of social recognition. This bold, lucid and meticulously argued book will inspire readers to rethink the central role assigned to rights in moral, political, and legal theory as well as in everyday evaluative discourse. (shrink)

The law commonly conceived as a norm : deficiency of this conception -- On some general hints of this deficiency, and in particular those evinced by the likely origin of the current definitions of law -- The need to distinguish the distinct legal norms from the legal order considered as a whole. The logical impossibility of defining the legal order as a set of norms -- How the unity of a legal order has been sometimes intuited (...) -- How a legal order is not only a set of norms, as it also encompasses other elements -- How such ements are implicitly postulated by the common inquiry into the distinguishing characteristics of law -- Assessment, from this point of view, of the so-called objectivity of law -- The element of sanction -- The expression "the legal order" -- The essential elements of the concept of law. The law as an institution and the law as a precept -- The preceding doctrine on the concept of institution -- My concept of institution and its fundamental characteristics : 1. The objective existence of the institution; 2. Institution and social body; 3. The institution's selfness; 4. The unity of the institution -- Equivalence of the concept of institution and the concept of a legal order -- Evidence for this equivalence based on the doctrine that the law is only "form" -- Mention of some problems that need solving in the light of this equivalence -- Cases in which the original establishment of a law does not depend on norms, but on the emergence of an institution, and the impossibility of reducing the institution to the norms -- The concept of institution and the international legal order -- The institution and the legal relationship: relationships between more persons -- Relationships between persons and things : examples of some of these relationships that, considered more broadly, cab be portrayed as institutions -- The institution and the legal person -- My conception of the law with respect to certain problems relating to : 1. The legal character of state power; 2. The extension of the state personality; 3. The legal relevance of its territory and citizenry -- Critical assessment of some opinions that attach importance to the legal order only insofar as it reflect relationships between persons. Applications to: 1. The legal sanction; 2. The state territory and citizenship; 3. The state bodies; 4. The limits of the legislative function -- Some consequences of my conception with regard to the subjective aspect of the law: the legal relationship; the status of persons; rights in rem; the correlation between rights and obligations; the equal position of subjects -- Recapitulatory remarks -- The plurality of legal orders and the doctrine that reduces all law to state law -- The untenability of this doctrine from a historical and theoretical point of view -- Its untenability with respect to the existing law -- Non-state legal orders; international law -- Ecclesiastical law -- The order of entities that are considered unlawful or are ignored by the state -- Entities that are regulated by the state, but also have an order of their own which is not recognized by the state (private disciplinary orders; the internal organisation of workplaces; so-called unrecognized associations or institutions, etc.) -- Doctrines that confine the concept of a legal order to the order of communities in general and specifically to necessary communities -- The relations between different legal orders. Principles that have to be taken into account with respect to : 1. Original or derivative institutions; 2. The particular or general ends of institutions; 3. Their diverse basis; 4. Simple or complex institutions; 5. Perfect or imperfect; 6. With or without personality; 7. Independent, coordinated or subordinated -- The concept of relevance of one order to another -- The title for this relevance: a. The relation of superiority and correlative dependence between two orders; b. The relation whereby an order presupposes another; c. The relation whereby reciprocally independent orders depend a further one; d. The relevance unilaterally attributed by an order to another on which it depends; e. The relation of succession between orders -- Diverse aspects (existence, content, effectiveness) expressing the relevance an order to another one. Cases in which the existence of an order depends on another: a. Complete subordination of the former to the latter which directly establishes the former or assigns limited autonomy to it. Independence, as far as its existence is concerned, of an order in case of a less expansive subordination (some spheres of the order of the states of a federal state vis-à-vis the latter; the order of states vis-à-vis international law) and general principles; b. In the hypothesis of an order that represents the presupposition of another (state law vis-à-vis international law) -- The relevance of an order to another with respect to its content. Various cases: a. The superior order as the mediated or unmediated source of an inferior order; the superior order (international law, ecclesiastical concordats) which is not the source, and yet affects the content of inferior orders; b. the Superior order about effects the content of more orders subjected to, which however are independent from each other; c. the order of that itself that determines its own content by considering a subjected or independent order : private international law; ecclesiastical law as it refers to civil laws; the law of the state that refers to ecclesiastical law; d. an order that incorporates another -- The relevance of an order to one another with respect to its effects: external and internal effectiveness of an order. Various cases of external effectiveness: a. The relationships between orders where the one partially or totally depends on the other; b. Relationships between more orders that are independent from each other because of a unilateral disposition of one or each of them. Private international law; civil effectiveness of ecclesiastical law; c. Relationships meeting more orders in which one is of the presupposition of the other; d. Relationships between orders that succeed each other -- Diverse extension of the relevance of an order to another. Applications with regard to the problem of so-called natural obligations -- The irrelevance of an order to another; total or partial, reciprocal or unilateral -- A legal order that as such is irrelevant to another, but it is relevant in other respects (orders that are considered unlawful by the state; corporations, de facto institutions) -- Total developments of an order to another: possibility of such an irrelevance also with respect to the order of the state -- Critical assessment of the opposite doctrine. The limitations of the state order; various figures and consequences; examples of matters that are legally indifferent to the state (private disciplinary orders; particular religious orders; the orders of some non-patrimonial associations; etc.) -- The internal orders of the institutions, especially state ones, vis-à-vis the order of other institutions in which they are included. (shrink)

La bioética ha cobrado autonomía académica y difusión social, al abordar los problemas relacionados con el origen y final de la vida humana y las exigencias morales derivadas de su protección. Su repercusión sobre el derecho plantea exigencias específicas, relacionadas con el aborto, la posibilidad de disponer para unos u otros fines de embriones humanos o la eutanasia. Ha surgido así el bioderecho, que se verá urgido por la biopolítica, para que le sirva de instrumento convirtiendo en socialmente normales (...) determinados planteamientos moralmente cuestionados. Andrés Ollero es catedrático de Filosofía del Derecho en la Universidad Rey Juan Carlos. Entre sus obras más relevantes, particularmente atentas a la jurisprudencia constitucional española, pueden citarse: Derechos humanos y metodología jurídica, Discriminación por razón de sexo, Igualdad en la aplicación de la ley y precedente judicial, Derecho a la verdad, España ¿un Estado laico? y ¿Tiene razón el derecho?. (shrink)

In a unique rethinking of political transformation, Drucilla Cornell argues for the crucial role of psychoanalysis in social theory in voicing connection between our constitution as gendered subjects and social and political change.

This article utilizes the lens of disposability to explore recent conditions of low-wage temporary migrant labour, whose numbers and economic sectors have expanded in the 21stcentury. A central argument is that disposability is a discursive and material relation of power that creates and reproduces invidious distinctions between the value of “legitimate” Canadian settler-citizens and the lack of worth of undesirable migrant populations working in Canada, often for protracted periods of time. The analytical lens of migrant disposability draws upon theorizing within (...) Marxian, critical modernity studies, and decolonizing settler colonial frameworks. This article explores the technologies of disposability that lay waste to low wage workers in sites such as immigration law and provincial/territorial employment legislation, the workplace, transport, living conditions, access to health care and the practice of medical repatriation of injured and ill migrant workers. The mounting evidence that disposability is immanent within low-wage migrant labour schemes in Canada has implications for migrant social justice. The failure to protect migrant workers from a vast array of harms reflects the historical foundations of Canada’s contemporary migrant worker schemes in an “inherited background field [of settler colonialism] within which market, racist, patriarchal and state relations converge”. Incremental liberal reform has made little headway insofar as the administration and in some cases reversal of more progressive reforms such as guaranteed pathways to citizenship prioritize employers’ labour interests and the lives and health of primarily white, middle class Canadian citizens at the expense of a shunned and racialized but growing population of migrants from the global South. Transformational change and social justice for migrant workers can only occur by reversing the disposability and hyper-commodification intrinsic to low-wage migrant programs and granting full permanent legal status to migrant workers. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Business Managers in Ancient Rome: A Social and Economic Study of Institores, 200 B.C.–A.D. 250Nicholas K. RauhJean-Jacques Aubert. Business Managers in Ancient Rome: A Social and Economic Study of Institores, 200 B.C.–A.D. 250. Leiden, New York, and Köln: E. J. Brill, 1994. xvi + 520 pp. Cloth, Gld. 220, $125.75 (US). (Columbia Studies in the Classical Tradition, Volume XXI.)Aubert’s declared purpose in this study is to (...) examine the world of Roman business managers (institores)—their social background and status, their role as managers within business enterprises, and their ensuing relations with workers, entrepreneurs, suppliers, and customers. He pursues these themes through five chapters. Chapter 1, “Business Agents and Business Managers,” explores developments in the use and meaning of the term institor through the legal, literary, papyrological, and epigraphical source materials of Republican and Imperial Rome. Chapter 2, “Indirect Agency in Roman Law,” examines the evolution of the Roman laws of indirect agency (particularly the actiones adiecticiae qualitatis) from their inception through the classical jurists to show how Roman law was adjusted to accommodate the needs of the business community. Chapter 3, “Managers of Agricultural Estates,” traces the roots of the Roman system of indirect agency to the management of agricultural estates and to the exploitation of natural resources such as clay, quarries, and manufacturing activities on the Roman farmstead. Chapter 4, “Production and Distribution of Clay Artifacts,” examines the manager’s role in the organization of various types of workshops producing clay artifacts—bricks and tiles, amphoras, terra sigillata, and terracotta lamps—and the subsequent marketing of this production. Chapter 5, “Direct Management and Public Administration: Four Case Studies,” investigates how the vilicus-based system of management became adapted to four areas of [End Page 501] the economy and administration of the Roman empire—imperial tax collection (vectigalia), recreational facilities (including baths, libraries, theaters, amphitheaters, and circuses), the imperial communications system (roads, post, and transport services), and the imperial mint. This cursory outline of A.’s intentions serves to demonstrate the breadth and importance of the task he assumes. In my opinion he handles this with a tremendous degree of authority and even-handedness.A.’s overarching theses are 1) that indirect agency emerged through the increasing absentee management of Roman farm operations and the delegation of Roman estate management to the agent known as the vilicus, 2) that regardless of the type of industry, most managerial operations exploited the practical efficiency and accountability of this vilicus-based system, and 3) that overall developments in Roman business management progressed from a more restrictive reliance on agents directly subservient to the entrepreneur (generally young slaves or family members under the direct potestas of the proprietor) to a more liberal reliance on managers enjoying looser personal connections—freedmen, servi alieni, and freeborn nonrelatives whose services were ensured by the terms of consensual contracts. One of the main points of the first chapter, for example, is the limited quantity of information there is available for institores and the generally derogatory tone it bears. We learn later on that institores were, in fact, relatively few in number and ill-liked precisely because they were so independent (175), and that far more business managers are recorded as vilici precisely because entrepreneurs could more firmly control them.A. argues that due to its extreme formalism rooted in the archaic period, Roman law lacked the concept of direct agency, and that the praetor responded to the needs of businesspeople by creating a legal system based on existing structures of Roman society (slavery and family) with advantages similar to those direct agency could otherwise have offered. With respect to the vilicus-based managerial system this was achieved through the legal fiction of the peculium, “the juristic existence of fictitious assets pertaining de facto to the dependent, but belonging de iure to the principal” (65). Terms of employment and guarantees of liability were inherently trickier for nondependent business agents and evolved during the second and first centuries b.c. through increased reliance on formulary procedure, and particularly through the development of consensual agreements. In this regard A. stresses the importance of the emergence of the... (shrink)

Millions of domestic workers in Indonesia are a source of livelihood for those in the lower middle class. Sadly, protection for domestic workers has yet to be adequately implemented. It has sparked debate among human rights activists and other human rights groups who hope a particular law will protect domestic workers. It means that legal transformation is needed. This research was conducted to conduct a juridical analysis of what legal transformation model would be appropriate for (...) domestic workers in Indonesia by conducting a comparative test with the case of domestic workers in Hong Kong. The research results show that from the start, Indonesia must clarify the status of domestic workers as one of the elements of workers in Indonesia and create a Lex Specialist for domestic workers. At the same time, Indonesia also needs to take lessons from Hong Kong regarding the importance of an independent body to supervise law enforcement to protect domestic workers because the formation of a law without a sound law enforcement system means the expected results will not be by the vision and mission when forming the law. (shrink)

The World Professional Association for Transgender Health guidelines Standards of Care 8 draw on ethical arguments based on individual autonomy, to argue that healthcare and other professionals should be advocates for trans people. Such guidelines presume the presence of medical services for trans people and a degree of consensus on medical ethics. Very little is known, however, about the ethical challenges associated with both providing and accessing trans healthcare, including gender affirmation, in the Global South. In light of the challenges (...) associated with medical and legal gender affirmation in Indonesia, we conducted a qualitative study to understand the views of trans people, healthcare providers, and legal practitioners. In this qualitative study, we drew on a participatory methodology to conduct 46 semi-structured interviews between October and December 2023, with trans people (10 trans feminine people and 10 trans masculine people, each interviewed twice) and key informants (three healthcare providers and three lawyers and paralegals). Trans people were a central part of the research team from inception through to analysis and writing. Participants were recruited via community-led sampling. Data analysis of interview data took place through an immersion/crystallisation technique and preliminary inductive coding which highlighted key quotes. We focused on an inductive analysis using participant narratives to identify key concepts in the ethics of gender affirmation in Indonesia. We characterize the ethics of supportive healthcare workers, community members, and family members, as that akin to “accomplices,” a concept of ethics used in theories of racial justice which evaluate a willingness to support people to navigate laws and regulations which perpetuate injustices and violence. Overall, both trans people and key informants shared an understanding that the legal status of gender-affirming medical care was particularly ambiguous in Indonesia due to a lack of clarity in both laws and regulations. For trans participants, ethical arguments for the validity of legal and medical gender affirmation was premised on evidence that their gender identity and expression was already recognized within society, even if limited to immediate friends and family. Given that all participants expressed a desire for gender affirmation, but such services were widely unavailable, accomplices played a crucial role in supporting trans people to access healthcare. An empirical study based on an “ethics from below” helps to show that arguments grounded in autonomy, or based on biomedical evidence, are unlikely to alter unjust laws or facilitate a change to pathologizing guidelines governing understanding of trans people’s healthcare and legal needs in Indonesia. We provide an analysis that is sensitive to the ethics of facilitating gender affirmation in a context where that process is inherently social, and often articulated in relation to a prevailing religious morality. (shrink)

The article analyses the key issues of the legal status of the sole managing body from the perspective of the valid legal regulation, the established case-law and doctrine. The first part of the article analyses the dualism of the manager’s legal status from the perspective of civil law and labour law. The analysis of the latest case-law presented herein shows that the rule of “internal” and “external” relations between the manager and the company formulated in the case-law (...) is applied differently, and the criterion of distinguishing the manager’s as the subject of the labour law and that of the civil law statuses still remains unclear. The authors of the article are of the view that due to insufficient legal regulation in force rules established by the case-law to regulate the manager’s legal status cannot ensure the required legal certainty. Thus, the reform of the manager’s legal regulation is essential. The second part of the article strives to answer the question what legal regulation models exist and what are the main criteria of quality legal regulation. The comparative analysis of the legal status regulation of the sole managing body allows to determine the main available regulation models of the manager’s legal status and to distinguish their advantages and disadvantages. The authors of the article believe that it is necessary to take regard to other states’ practices regulating the relations at issue, however, while creating such legal regulation, the evaluation of economic, cultural and social peculiarities of Lithuania is also required. In search for the most appropriate model of the manager’s legal status, attention should be drawn to the fact that in some aspects the labour law regime is too restrictive (e.g., shareholders cannot recall the manager, who is on maternal leave, and the manager at interim does not have full authority) and uncoordinated with the doctrine of the companies’ law. Moreover, quite a few questions directly related to the issues of the manager’s authority do not fall or only partially fall into the scope of the labour law. On the other hand, the problem of the manager’s legal status involves a broader scope of points of the companies’ law than the dualism of the manager’s status, and a part of these points has already been regulated by the Law on Companies (the agreement conclusion, termination, removal from the register of legal persons, terms of notice). In regard to this, a question can be raised if it not be better to regulate the issues of the manager’s legal status by the provisions of the Law on Companies and not of the Labour Code. It is proposed to create a specific legal regulation of the companies’ law, which could meet the needs of business and match up to the doctrine of the companies’ law, which is already being applied. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Human Genome Research in an Interdependent WorldAlexander Morgan Capron (bio)This has been the year of agenda-setting conferences for the ambitious ELSI (ethical, legal and social issues) program of the Human Genome Project (HGP). But of the dozen or more major meetings of this sort held across the country, the one held at the National Institutes of Heakh (NIH) in Bethesda, MD, June 2-4, 1991, was distinctive in (...) several respects.1As its name implies, "Human Genome Research in an Interdependent World" was a global look at the issues raised by gene mapping and sequencing. Unlike previous conferences, however, this meeting looked beyond a comparative analysis of clinical and domestic legal issues, and concentrated on topics that may require responses on a truly international level if they are to be successfully resolved.The meeting's organizers gathered an impressive group of more than seventy participants from fifteen countries, including the first significant contingent of Soviet and Japanese scientists, physicians, and philosophers at an ELSI meeting. In addition to talks by the heads of the genome projects in the Soviet Union, Japan, and the United States, the meeting was keynoted by Dr. James Wyngaarden, director general of the Human Genome Organization (HUGO), and I had the honor of serving as its general chairman.The goal of the meeting was to consider an array of issues that scientists, philosophers, and lawyers from around the world suggested might have international significance, with an eye to deciding three things: (1) Does the issue deserve further attention? (2) Is the issue best addressed in an international or domestic context? and (3) Do structures exist to which the issue can be referred for resolution? In the final sessions, the entire group debated proposed resolutions on the various topics and narrowed the list needing further, intensive exploration.To provide an international framework for this process, the conference [End Page 247] established a Global Steering Committee on Ethical and Social Issues in Genome Research, which will coordinate the efforts of several task forces charged with refining the tentative resolutions adopted by the conference participants on June 4. The task forces are expected to be able to complete work on some topics by the time of the steering committee's first meeting, which was described by one participant as a "check point," probably within the coming year; on other topics, the task forces will provide interim reports and arrange to continue their analysis. Several topics—less complex or more embryonic—were referred directly to the steering committee. On all issues, a major objective will be to ascertain what existing or newly created structure or structures are capable of implementing the group's recommendations and then to monitor the issue to ensure that appropriate implementation is occurring.Issues to be Explored by Task ForcesInsurance and EmploymentWhile individuals may derive medically useful information from the expanded range of genetic tests that will flow from the HGP, they could also be harmed if test results become a basis for discrimination. An area of particular concern at the conference in Bethesda was whether genetic information should be used to decide eligibility for employment or the scope and cost of health and life insurance. The complexity of this issue is increased as barriers to worker migration fall (especially in Europe) and as more firms carry on business internationally. Furthermore, questions arise about the limits of required testing and whether individuals may decline to be informed of the results of tests.The task force will not only gather information on practices and legal standards throughout the world—especially in light of the differences among nations with regard to the linkage of employment and various forms of insurance—but will also examine international anti-discrimination laws as a possible means of supplementing domestic statutes and regulations. As a starting point, the Bethesda meeting agreed on a set of principles for the task force to refine.2ForensicsAlthough their legal status is not fully resolved, DNA tests are being used increasingly in judicial proceedings and civil and criminal investigations as a highly probative means to identify people. Most forensic uses of "DNA fingerprints" are domestic, but international cooperation among investigative bodies... (shrink)

Described as one of the two fathers of medical law, Professor Peter Skegg has been a leading figure in the study of law and medicine. Over a 46 year academic career at the University of Auckland, University of Oxford, and the University of Otago, Professor Skegg has helped develop the field of medical law into a burgeoning academic discipline and has provided intellectual guardianship for the practice of law and medicine. This collection brings together contemporaries, colleagues, and former students of (...) Professor Skegg to celebrate his enduring contribution to the study of medical law. This edited collection contains twelve essays written by a range of internationally recognised medical lawyers. The topics cover the regulation of medical practitioners, consent, rights in bodily material, euthanasia, compensation and ethical approval for medical research, treatment orders for mental health conditions, and surrogacy laws. Whilst some of the essays return to territory that has been initially surveyed by Peter s research and analysis, others touch upon some wider medical law topics, illustrating Peter s lasting contribution to medical law as well as mapping out some of the new frontiers for the discipline of medical law. Academics, students and practitioners, from a range of jurisdictions, who are interested in how the law governs the provision of healthcare will benefit reading the various essays contained here. In addition, anyone who has had the good fortune of working with, or learning from, Professor Skegg will also enjoy the opportunity to return to the field of study that he founded. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:American Journal of Philology 122.1 (2001) 107-129 [Access article in PDF] Imperitia: The Responsibility Of Skilled Workers In Classical Roman Law Susan D. Martin BY THE EARLY SECOND CENTURY A.D., the Roman jurists were invoking the term imperitia, lack of skill or experience, as a basis for the legal responsibility of skilled individuals who damaged another's property in the course of their work. The term is invoked (...) in a broad range of situations and doubtless was applicable in innumerable others of similar type. For example, you entrust a gem to a jeweler to be set. It breaks in the process. A doctor, hired to perform surgery, further harms the patient. You give a cup to an artisan to be carved. The cup shatters. 1 All of these examples, taken from the Digest, presuppose a similar situation: A person is employed to do a job and is entrusted with the material necessary for the completion of the work, usually a moveable object, a slave, or an animal. In the course of the work, this material, whether inanimate or animate, sustains damage. Who should be responsible and on what grounds?A series of texts preserved in the Digest illustrates how, over the course of the classical period of Roman jurisprudence, the jurists articulated and interpreted imperitia as a key concept for use in legal disputes dealing with a broad range of individuals employed in the workforce of the empire. As increased scholarly attention is devoted to the study of the Roman working population from a legal perspective, an examination of imperitia will shed light on one of the principal substantive tools developed to regulate artisans and skilled workers of all kinds. 2 The surviving Digest texts permit the reconstruction of key elements of the [End Page 107] jurists' conception of the employment relationship as it was encompassed in the contract of locatio conductio operis, the contract of lease and hire of a job. 3 The question of the worker's responsibility for skilled work is a central element of the law with regard to this contract. I will argue that the jurists' development of imperitia as a legal doctrine was the product of a complex relationship between law and its social and economic context. 4 This process of legal development reveals a great deal about the methods the jurists employed in dealing with certain segments of the Roman workforce. It emerges with relative clarity from the texts that the jurists presume that these contracts are designed for the hire of workers who are capable of assuming a considerable degree of risk for the skilled execution of their work as an implied feature of the contract. But the jurists never state clearly what standard should be used to evaluate the worker's performance. Analysis of the evidence shows that the jurists tend to favor a method of evaluation that focuses on the quality of the performance based upon external, objective criteria, rather than the individualized fault of the worker. 5 From this reconstruction of how the law functioned, one can speculate about what the advantages of this regime were from the jurists' point of view and how adequately or inadequately jurists' law functioned with regard to the diversity of workers known to have existed in the workforce of the empire. The results of this investigation have implications for our understanding of the activities of skilled and craft workers, especially in the city of Rome. The inhabitants of cities in the empire became increasingly accustomed to the availability of a wide variety of goods and services and in all likelihood purchased them or contracted for them from individuals with whom they had no other connections, that is, the workers themselves or merchants or traders. 6 The legal regime described here presupposes the existence of a multiplicity of such workers whose concerns penetrated [End Page 108] the legal system, who came to the attention of the Roman jurists, and who were, apparently, able to maneuver to some extent within the legal system. 7The concept of imperitia originated as the jurists developed... (shrink)

Ethics and Law for the Health Professions is a cross-disciplinary medico-legal book whose previouseditions have been widely used in the medical world. This new 3rd edition is fully revised with all ethics and law topics updated to reflect recent developments. New chapters include dealing specifically with children, health care and the environment, infectious diseases, public health, and ethics and chronic disease. All law sections have been extensively re-visited by Dr Cameron Stewart. Its special features are its focus on a (...) clinically relevant approach, and its recognition that health care professionals are often confronted by legal issues and ethical issues at the same time. Health professionals have to satisfy both, and their legal advisers need to be aware of the dilemmas this can present. This book is careful to distinguish between ethics and law. Its chapters take account of all the health professions, and their differing responsibilities, and cover a very wide range of the issues they face. (shrink)

This book explores patient safety themes in developed, developing and transitioning countries. A foundation premise is the concept of 'reverse innovation' as mutual learning from the chapters challenges traditional assumptions about the construction and location of knowledge. This edited collection can be seen to facilitate global learning. This book will, hopefully, form a bridge for those countries seeking to enhance their patient safety policies. Contributors to this book challenge many supposed generalisations about human societies, including consideration of how medical care (...) is mediated within those societies and how patient safety is assured or compromised. By introducing major theories from the developing world in the book, readers are encouraged to reflect on their impact on the patient safety and the health quality debate. The development of practical patient safety policies for wider use is also encouraged. The volume presents a ground breaking perspective by exploring fundamental issues relating to patient safety through different academic disciplines. It develops the possibility of a new patient safety and health quality synthesis and discourse relevant to all concerned with patient safety and health quality in a global context. (shrink)

Law's Indigenous Ethics examines the revitalization of Indigenous peoples' relationship to their own laws and, in so doing, attempts to enrich Canadian constitutional law more generally. Organized around the seven Anishinaabe grandmother and grandfather teachings of love, truth, bravery, humility, wisdom, honesty, and respect, this book explores ethics in relation to Aboriginal issues including title, treaties, legal education, and residential schools. With characteristic depth and sensitivity, John Borrows brings insights drawn from philosophy, law, and political science to bear on (...) some of the most pressing issues that arise in contemplating the interaction between Canadian state law and Indigenous legal traditions. In the course of a wide-ranging but accessible inquiry, he discusses such topics as Indigenous agency, self-determination, legal pluralism, and power. In its use of Anishinaabe stories and methodologies drawn from the emerging field of Indigenous studies, Law's Indigenous Ethics makes a significant contribution to scholarly debate and is an essential resource for readers seeking a deeper understanding of Indigenous rights, societies, and cultures. (shrink)

From Hippocrates to paternalism to autonomy : the new hegemony -- From autonomy to consent -- Consent, autonomy, and the law -- Autonomy at the end of life -- Autonomy and pregnancy -- Autonomy and genetic information -- Autonomy and organ transplantation -- Autonomy, consent, and the law.

To what extent should parents be able to choose the kind of child they have? The unfortunate phrase 'designer baby' has become familiar in debates surrounding reproduction. As a reference to current possibilities the term is misleading, but the phrase may indicate a societal concern of some kind about control and choice in the course of reproduction. Typically, people can choose whether to have a child. They may also have an interest in choosing, to some extent, the conditions under which (...) they do so, such as whether they have a child with a serious disability or disease. The purpose of this book is to explore the difficult and controversial question of the appropriate ethical and legal extent of reproductive autonomy in this context. The book examines ethical, legal and public policy issues in prenatal screening, prenatal diagnosis (PND), selective abortion and preimplantation genetic diagnosis (PGD). It explores the ethics of these selection practices and the ability of current ethical guidelines and legal mechanisms, including the law on selective abortion and wrongful birth, to deal with advances in genetic and other knowledge in these areas. Unlike in the United States, in England the relevant law is not inherently rights-based, but the impact of the Human Rights Act 1998 inevitably raises questions about the proper scope of reproductive autonomy in this context. The implications of the analysis are considered for the development of relevant law, public policy and ethical guidelines and will be of interest to academics in medical law and ethics, health professionals, lawyers, those working on public policy and students with an interest in these issues. (shrink)

This is the first book to unpack the legal and ethical issues surrounding unauthorised intimate examinations during labour. The book uses feminist, socio-legal and philosophical tools to explore the issues of power, vulnerability and autonomy. The collection challenges the perception that the law adequately addresses different manifestations of unauthorised medical touch through the lens of women's experiences of unauthorised vaginal examinations during labour. The book unearths several broader themes that are of huge significance to lawyers and healthcare professionals (...) such as the legal status of women and their bodies. The book raises questions about women's experiences during childbirth in hospital settings. It explores the status of women's bodies during labour and childbirth where too easily they become objectified, and it raises important issues around consent. The book highlights links to the law on sexual offences and women's loss of power under the medical gaze. The book includes contributions from leading feminist philosophers, medical professionals, and academics in medicine and law, and offers pioneering analysis relevant to lawyers and healthcare professionals with an interest in medical law and ethics; feminist theory; criminal law; tort law; and human rights law. (shrink)

This is a first attempt at the philosophical articulation and projection of the Igbo concept of law and the role of law in the traditional environment. In the Igbo traditional setting, the rules of law are uncodified. The author, who teaches philosophy of law and logic at the University of Nigeria, defines the law of a given community as the body of rules recognised as binding by its members. On this concept of law, he has based his attempt to elucidate (...) the philosophical underpinning of those rules recognised in Igbo traditional legal system as law. Unless the philosphical foundation is understood, the traditional law, machinery for enforcement, and legislative and judicial processes may appear incomprehensible. The first part gives a descriptive insight into the moral, religious, socio-political and legal background of the Igbo. The second part is devoted to the fundamental questions concerning the concept of law, the various types of laws, the reciprocal influence between law and Igbo religion and the end of laws. Finally, the author examines the nature of right in Igbo traditional thought and locates the philosophical background. (shrink)

Bringing together the latest work from leading scholars in this emerging and vibrant subfield of law, this book examines the philosophical issues that inform the intersection between law and neuroscience.

This paper argues that public pedagogy—an educational activity that takes place outside of the traditional classroom setting—has had a potent impact on the history of racism in the United States of America (USA). Yet this paper questions why the education academy’s scholarship has not shown a commensurate focus on the subdiscipline of public pedagogy, particularly racialized public pedagogy. I explore these topics by first examining a fateful confluence of historical circumstances involving slave codes and indentured servant laws governing low-income white (...) workers, laws passed by the Barbados Assembly in 1661, that made their way across the Atlantic to be lifted, word for word, by leaders of colonial territories that became the USA. These laws ended up regulating not only the legal status of black slaves and white indentured servants in the USA, but also regulating social relations between those same black and white people. The resulting black–white social relations led to the evolution of racialized customs in what eventually became the USA, inspiring practices that undergirded black inferiority and white superiority for hundreds of years. Those customs contributed to the construction of what I have labelled a United States (US) values infrastructure dominated by racism, which I contend is a racialized values infrastructure that exists to this day. To gain more insight into this phenomenon, this paper considers the question: how might the complexity of racialized public pedagogy be addressed in the scholarship of education literature and be imagined in a way to fit into an anti-racist curriculum? (shrink)

This thoroughly updated third edition lays a solid foundation for understanding the intersection of law, ethics and the rights of the patient, in the context of everyday nursing and health care practice.

The revised classic on the professional and legal standards of school psychology This completely updated edition of the leading ethics and law guide provides ...

In recent years, more and more Chinese women have joined the legal profession and have made remarkable achievements in this field. Gender stereotypes, however, which involve a deep-rooted social concept, have seriously hindered Chinese women’s development in the legal profession and have had a profound and adverse impact on women’s career progression. Based on the statistical data in the public domain as well as the ethnographic data drawn from interviews with legal professionals and informal conversations with (...) lawyers known to the principal author, this paper focuses on women in the Chinese legal profession, identifies the causes of women’s dilemmas in their career development as well as the impact of gender stereotyping on them within the legal profession in order to provide some insights on improving gender equality in China. According to the authors, the causes of gender stereotypes in China are diverse: Existing legal institutions promote and maintain such stereotyping practices; traditional gender concepts enter into and disseminated in people’s thoughts; the theory of biological determinism in the field of science misleads the general public; and the legal system constructs women’s status as workers and mothers. In view of this, it is necessary to achieve substantive equality in China’s legal profession by weakening men’s domination of the legal profession, improving the structure and ideology of relevant institutions and policies in offering women more incentives for career development, and also changing women’s understanding of and efforts against biased gender stereotypes. This will help break down China’s gender stereotypes, promote gender equality in the legal profession, and address the dilemma of women’s legal career development. (shrink)

This paper examines the ethical issues faced by health workers managing a fictional case of a female sex worker who is hepatitis B positive with a high level of virus but is asymptomatic. According to guidelines she does not require treatment herself, but is potentially highly infectious to others. Recent legal cases in the UK show it can be criminal to pass on HIV or hepatitis B infection sexually if the risk is known and the partner has not (...) been informed. However, there is no statute or case law showing that health workers are required to intervene to prevent such a potential ‘crime’, particularly when the partners are unknown, as in this case. The health workers could respond in various ways. They could do nothing, thus making further infection probable. They could advise the sex worker to use condoms and to inform her clients. They could treat the sex worker to reduce her level of infectivity, although there is no benefit to her. They could disclose the sex worker's status, although breaking confidentiality is a serious matter ethically and may be of no benefit to the unknown client group. Regulating prostitution might help; but sex workers with infection may work off licence. This paper discusses the clinical, moral and ethical issues associated with such a scenario and concludes that the most beneficial course is to target clients, through health education, to recognise the potential risks of infection from a sex worker and to take suitable precautions including immunisation against hepatitis B. (shrink)

Social welfare workers in the protective services field—among them social workers, psychologists, and psychiatrists—are expected to follow the laws of the state in which they practice, but are also bound by their professional code of ethics. Often this does not present a problem, but at times ethical and legal expectations differ. This is particularly problematic where the professionals may be seen as agents of control, reporting possible child abuse, conducting child abuse investigations, inspecting homes, monitoring (...) families, removing children from their homes and the like, often working with or reporting to law enforcement agents where expectations are different and codes of ethics absent. This paper explores the relationship between law and professional ethics, and, in particular, situations in which actions and decisions can be legal yet unethical or ethical but yet illegal. It then analyzes some critical child protective service activities where Child Protective Services (CPS) workers exert significant control over parents and children, and where the legal and ethical requirements may differ. Finally, the paper discusses the problems that CPS professionals face when law and ethics collide, and suggests various steps to resolve some of these conflicts. (shrink)

Dementia is a topic of enormous human, medical, economic, legal and ethical importance. Its importance grows as more of us live longer. The legal and ethical problems it raises are complex, intertwined and under-discussed. This book brings together contributions from clinicians, lawyers and ethicists – all of them world leaders in the field of dementia – and is a comprehensive, scholarly yet accessible library of all the main (and many of the fringe) perspectives. It begins with the medical (...) facts: what is dementia? Who gets it? What are the current and future therapeutic and palliative options? What are the main challenges for medical and nursing care? The story is then taken up by the ethicists, who grapple with questions such as: is it legitimate to lie to dementia patients if that is a kind thing to do? Who is the person whose memory, preferences and personality have all been transformed by their disease? Should any constraints be placed on the sexual activity of patients? Are GPS tracking devices an unpardonable interference with the patient's freedom? These issues, and many more, are then examined through legal lenses. The book closes with accounts from dementia sufferers and their carers. It is the first and only book of its kind, and the authoritative text. (shrink)

This 12-chapter text prepares students to understand the legal and ethical issues inherent to working in an ambulatory health care setting. It features pertinent legal cases, anecdotes, and sidebars related to health-related careers. Content has been updated and special attention has been paid to legislation affecting health care.

Introduction : law, religion and the challenge of accommodation -- Muslim communities in a multicultural context -- Contextualishing Shari ̀ah : Shari ̀ah in the Common Law world -- Muslims, family relationships and the Common Law -- Muslims, crime and the Common Law -- Muslims, business transactions and the Common Law -- Conclusion.

Prenatal and preimplantation testing technologies have offered unprecedented access to information about the genetic and congenital makeup of our prospective progeny. Future developments such as preconception testing, non-intrusive prenatal testing and more extensive preimplantation testing promise to increase that access further still. The result may be greater reproductive choice, but it also increases the burden on women and men to avail themselves of these technologies in order to avoid having a child with a disability. The overwhelming question for legislators has (...) been whether and, if so, how to regulate the use of these technologies in the face of compelling but seemingly contradictory claims about the advancement of reproductive choice and the dangers of eugenic or discriminatory effects. This book examines the evolution of this legislative oversight across a number of jurisdictions and explores the tensions and ambiguities that inform these laws. (shrink)

The Republic of Poland is one of the European Union countries that have not yet implemented Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons reporting breaches of EU law (Journal of Laws EC L 305/17 of November 26, 2019). Even though signalling illegal acts is a more and more common occurrence and the social perception of such behaviours is also changing, the “whistleblowers” are not under any (...) class='Hi'>legal protection in Poland. In the Sejm of the 9th Term of office, legislative work is underway to pass the act on the protection of persons reporting violations of the law. This will be a legal act containing comprehensive legal protection of whistleblowers. In hereby publication the author focuses on presenting the role of whistleblowers in preventing law violations by employers in the current legal state. In the next part, the above-mentioned draft act is analyzed in terms of provisions ensuring the protection of persons who disclose irregularities. Numerous tragic incidents which could have been avoided if people that were aware of irregularities could safely reveal the information are evidence of how needed an act on whistleblower protection is. The author cites examples of the sinking of the MF Herald of Free Enterprise ferry and the Deepwater Horizon platform as well as the methane explosion in the Halemba mine in Ruda Śląska. (shrink)

This volume examines the role and influence of multiculturalism in general theories of international law; in the composition and functioning of international ...

Over the past twenty years there has been a shift in medical law and practise to increasingly distrust the judgement of health professionals. An increasing number of codes of conduct, disciplinary bodies, ethics committees and bureaucratic policies now prescribe how health professional and health researchers should act and relate to their patients. The result of this, Mark Henaghan argues, has been to undermine trust and professional judgement in health professionals, while simultaneously failing to trust the patient to make decisions about (...) their care. This book will look at the issue of health professionals and trust comparatively in a number of countries including the USA, Canada, Australia, New Zealand and the UK. The book will show by historical analysis of legislation, case law, disciplinary proceedings reports, articles in medical and law journals and protocols produced by management teams in hospitals, how the shift from trust to lack of trust has happened. Drawing comparisons between situations where trust is respected such as in emergency situations, and where it is not for example routine decisions such as obtaining consent for an anaesthetic procedure, the book shows how this erosion of trust has the potential to dehumanise the special nature of the relationship between healthcare professionals and patients. The effect of this is that the practice of health care is turned into a mechanistic enterprise controlled by "management processes" rather than governed by trust and individual care and judgement. This book will be an invaluable resource for students and scholars of medical law and medical sociology, public policy-makers and a range of associated professionals, from health service managers to medical science and clinical researchers. (shrink)

The article considers the historical transformations of the law, and argues that many contemporary scientists are wrong to ignore it. The paper criticizes the approach to the status of laws, which is determined by the degree of their compliance with the criteria of objectivity and rationality. Instead, a classification is constructed that includes the laws of logic and mathematics, natural sciences, technology, as well as social and legal. To consider the processes of unfolding laws in the evolution of (...) reality, the concept of nomogenesis is used. The unification of laws is achieved due to the fact that they are all determined by the balance of their characteristic tendencies: objective / subjective, rational / extra-rational, determination / will. Special attention is paid to social and legal laws. The case of defining three social laws is offered. (shrink)

The Ottoman legal system is built on religious (sharīʿa) and customary (ʿurfī) laws. The customary law consists of the rules that are not in contrast to the sacred law. Collection of regulations (qānūnnāme) were the most effective way for the execution of the customary laws. The qānūnnāme included the sultan’s orders and edicts (farman). Ottomans regulated and evaluated the taxes through measurements of lands specific times of the year. These measurements would be recorded into the taḥrīr books (written survey (...) of immovable prop-erties). And the administrative qānūnnāme were included in these books. In the qānūnnāmes, we can find information about the taxes, and the unlawful executions of the customary actors (ahl al-ʿurf) as well as the tax regulations. The qānūnnāmes on sanjak are composed accord-ing to the economic, social, and geographical characteristics of the administrative district it is written about, and with this, they provide us information on these issues. In this article, three sanjak qānūnnāmes are taken as the central topic and Kamah, Āmid, Pojega are evaluated in terms of the execution of customary law in these districts. These qānūnnāmes include record-ings of various taxing regulations, altered and cancelled executions, amounts of taxes, and punishments. We can compare the three districts in their economic and social characteristics.Summary: The Ottoman legal system consists of sharia and customary law. Ordinary law is based on some regulations which the sultan deems necessary and is composed of laws. The Ordinary law should not contradict sharia. When the Ottomans conquered a place, they generally protected the current laws (such as Uzun Hasan's laws), except for necessary changes or cancellations. When the Ottomans conquered a place, they used to make census to determine taxes. As a result of this census, Sanjak qānūnnāmes were placed in taḥrīr books. It also involves issues such as public and criminal law, customary tax regulations, and amounts of market taxes, which are approved by the emperor. In this article, the Sanjak qānūnnāmes of different regions belonging to the period of Suleiman the Magnificent, whose dates are close to each other, were selected. The Sanjak qānūnnāmes which are studied on are Kemah sanjak of Erzurum province belonging to (937/1530) and Āmid sanjak of Diyarbekir province belonging to (947/1540) and Pojega sanjak of Budin province belonging to (950/1545). The reason for this is to be able to compare the differences or stableness in tax and practices in the mentioned date range. At the same time, attention has been paid to the effectiveness of customary practices and the parts that are linked to sharīʾa. Some of the laws of Uzun Hasan are in force in Kemah and Amid. In these two sanjaks, some of the bâc taxes and some other taxes were removed. It is seen that the complaints made by the public due to the excess of taxes are taken into consideration. For example, in Kemah, the akche of murahhasiyye paid by the villagers for Armenian priests and bishops is one of them. The taxes that are abolished include kulluk and blend tax and taxes from various business lines. The tax, which was collected by the governors of the sanjak and the castle beys under the name of custom, which was imposed by some local administrators, was cancelled by seeing bidat. When three of the sanjaks are taken together, there are cautions that unfair and unlawful tax collections made by local administrators during tax collection have been abolished and these are accepted as bidat. Kemah sanjak qānūnnāme is 13 pages in total. Kemah, which has a geographical position and military transit route, has commercial relations with cities such as Trabzon and Hasankeyf. In Kemah, there are candle mill (şemhane), creamery (bezirhane) and tavern (meyhane). Kemah is one of the places where the climate has an impact on agriculture. Kemah's economy is based on trade, agriculture, small livestock, beekeeping. In Kemah, where caravan trade is important, trade goods are of value due to its location on the transit road. The Kemah qānūnnāme also contains various taʿzīr for unjust killing, wounding, and adultery. In the city, there are some arcs have ownership in common. The fact that there are mills indicates that the rivers in Kemah are utilized. Âmid Sanjak qānūnnāme consists of two pages. The title that attracts our most attention is that there is vitality and economic activity in the market since Âmid is on the Aleppo-Mosul Silk Road. The high number of weaving looms is due to the production of cotton. Amid has dye house and saphane. Indigo and Amid's red dye sold in the market shows the importance of weaving. Pojega sanjak qānūnnāme is composed of seven pages. Among the qānūnnāmes we have mentioned, this is the most legible one. In addition to the old practices, there are some new regulations in this qānūnnāme. The pig tax is only here because of the non-Muslim population. Transit tax fees indicate trading viability. Based on the studies made on these three sanjaks, it can be said that in the qānūnnāme, the rights of the raia (reaya) were tried to be protected by the rescript of the Sultan himself. Therefore, the most remarkable things in the qānūnnāme are not allowed unfair practices of local administrators and without the need to collect taxes from the public. The dates of the qānūnnāme are close to each other and Despite geographical differences, there is no remarkable change in taxation. Although there are non-Muslim populations in all three sanjaks, it is mostly in the Pojega sanjak. The fact that the pig tax is collected only from this sanjak is evidence of this situation. The presence of meyhane in Kemah, Amid and Pojega sanjaks point to the non-Muslim population. It is also used as a place where the villagers sell their grape juice. The mill tax on Kemah and Pojega show that rivers are used in common. (shrink)