scholarly journals Civil Disobedience in Times of Pandemic: Clarifying Rights and Duties

2021 ◽  
Author(s):  
Yoann Della Croce ◽  
Ophelia Nicole-Berva
Keyword(s):  
Working Conditions ◽  
Healthcare Professionals ◽  
Medical Profession ◽  
Civil Disobedience ◽  
Duty Of Care ◽  
Normative Evaluation ◽  
The Law ◽  
Descriptive Sense ◽  
Public Demonstration ◽  
Do So

AbstractThis paper seeks to investigate and assess a particular form of relationship between the State and its citizens in the context of the COVID-19 pandemic, namely that of obedience to the law and its related right of protest through civil disobedience. We do so by conducting an analysis and normative evaluation of two cases of disobedience to the law: (1) healthcare professionals refusing to attend work as a protest against unsafe working conditions, and (2) citizens who use public demonstration and deliberately ignore measures of social distancing as a way of protesting against lockdown. While different in many aspects, both are substantially similar with respect to one element: their respective protesters both rely on unlawful actions in order to bring change to a policy they consider unjust. We question the extent to which healthcare professionals may participate in civil disobedience with respect to the duty of care intrinsic to the medical profession, and the extent to which opponents of lockdown and confinement measures may reasonably engage in protests without endangering the lives and basic rights of non-dissenting citizens. Drawing on a contractualist normative framework, our analysis leads us to conclude that while both cases qualify as civil disobedience in the descriptive sense, only the case of healthcare professionals qualifies as morally justified civil disobedience.

6. Breach of duty: the standard of care

2017 ◽  
Author(s):  
Carol Brennan
Keyword(s):  
Medical Profession ◽  
Standard Of Care ◽  
Duty Of Care ◽  
Reasonable Person ◽  
Reasonable Person Standard ◽  
Breach Of Duty ◽  
The Law ◽  
General Standard ◽  
Res Ipsa Loquitur

This chapter discusses the law on standard of care and breach of duty. To establish that the duty of care has been breached, the standard of care must first be found and then it must be decided if that standard was reached in the circumstances. The general standard of care is objective: the ‘reasonable person’ standard. Variations in the standard of care regarding children and the more skilled or professional are discussed, as are those pertaining to sport and the medical profession. Proof of breach must be established by the claimant on the balance of probabilities; occasionally with the benefit of the evidential tool of res ipsa loquitur.

6. Breach of duty: the standard of care

2019 ◽  
pp. 60-72
Author(s):  
Carol Brennan
Keyword(s):  
Medical Profession ◽  
Standard Of Care ◽  
Duty Of Care ◽  
Reasonable Person ◽  
Reasonable Person Standard ◽  
Breach Of Duty ◽  
The Law ◽  
General Standard ◽  
Res Ipsa Loquitur

This chapter discusses the law on standard of care and breach of duty. To establish that the duty of care has been breached, the standard of care must first be found and then it must be decided if that standard was reached in the circumstances. The general standard of care is objective: the ‘reasonable person’ standard. Variations in the standard of care regarding children and the more skilled or professional are discussed, as are those pertaining to sport and the medical profession. Proof of breach must be established by the claimant on the balance of probabilities; occasionally with the benefit of the evidential tool of res ipsa loquitur.

scholarly journals Medical negligence- Meaning and Scope in India

2011 ◽  
Vol 51 (181) ◽  
Author(s):  
L Kumar ◽  
BK Bastia
Keyword(s):  
Present Article ◽  
Medical Profession ◽  
Standard Of Care ◽  
Duty Of Care ◽  
Medical Negligence ◽  
Legal Systems ◽  
Professional Liability ◽  
The Law ◽  
As If

It is a principle recognized by our as well as by other legal systems that ignorance of the law is no excuse for violating it. The rule is also expressed in the form of a legal presumption that everyone knows the law. It is the duty of every man to know that part of it which concerns him. A doctor, in particular, is conclusively presumed to know the law, and is dealt with as if he did know it, because in general he can and ought to know it. In the matter of professional liability, the medical profession differs from other occupations for the reason that the former operates in spheres where success cannot be achieved in every case and very often success or failure depends upon factors beyond a medical man’s control. Due to the increasing awareness of the rights of a patient in present day society, a medical man has become more vulnerable to being sued by a litigation suit of any kind, civil or criminal. The basis of a medical negligence suit is still alien to the majority of the practicing doctors in our country. Hence, the present article aims at discussing the various aspects of negligence, like the meaning and types of negligence, and the concept of duty of care, degree of care, and standard.  Keywords: degree of care, duty of care, medical negligence, standard of care. 

6. Breach of duty

2021 ◽  
pp. 62-74
Author(s):  
Carol Brennan
Keyword(s):  
Medical Profession ◽  
Standard Of Care ◽  
Duty Of Care ◽  
Reasonable Person ◽  
Reasonable Person Standard ◽  
Breach Of Duty ◽  
The Law ◽  
General Standard ◽  
Res Ipsa Loquitur

This chapter discusses the law on standard of care and breach of duty. To establish that the duty of care has been breached, the standard of care must first be found and then it must be decided if that standard was reached in the circumstances. The general standard of care is objective: the ‘reasonable person’ standard. Variations in the standard of care regarding children and the more skilled or professional are discussed, as are those pertaining to sport and the medical profession. Proof of breach must be established by the claimant on the balance of probabilities; occasionally with the benefit of the evidential tool of res ipsa loquitur.

The Introduction of Duty into English Law and the Development of the Legal Subject

2020 ◽  
Vol 40 (1) ◽  
pp. 158-182
Author(s):  
Chris Dent
Keyword(s):  
Early Modern ◽  
Common Law ◽  
Employment Law ◽  
Fiduciary Duty ◽  
Duty Of Care ◽  
Additional Material ◽  
Legal Subject ◽  
The Law ◽  
Negligence Law ◽  
Do So

Abstract ‘Duty’ is a term that is used in several areas of the law—notably the ‘duty of care’ and ‘fiduciary duty’. This article considers the introduction of the term ‘duty’ itself to the law, before it became part of the compound terms. In order to do so, the article surveys a range of sub-disciplines, including trusts, negligence law, defamation and employment law, to identify the earliest uses of the term. To explore the potential motivations for its incorporation, additional material, such as early modern legal and, later, political treatises, is considered. The conclusion is that the introduction of the term, while reactionary, may still be seen in terms of the development of the legal subject in the English common law.

scholarly journals Health Status of Healthcare Professionals Working in an Institute for Chronically Ill Psychiatric Patients

2015 ◽  
Vol 66 (1) ◽  
pp. 43-52
Author(s):  
Katalin Nagyváradi ◽  
Zsuzsa Mátrai
Keyword(s):  
Health Status ◽  
Working Conditions ◽  
Healthcare Professionals ◽  
Psychiatric Patients ◽  
Chronically Ill ◽  
Subjective Health ◽  
The State ◽  
State Of Health ◽  
Subjective Health Status ◽  
Objective Health

AbstractSeveral research works in the related international literature on sociology and health sciences deal with the state of health in one selected population. In these studies, the chosen sample is often connected with special jobs, especially with healthcare professionals and their working conditions. These studies predominantly examine the self-rated subjective health status using questionnaires. There are others that assess the state of health based not only on self-rated subjective indicators, but also using objective data gained by measuring. Considering the international experiences, we chose a special population in our research – healthcare professionals working in an institute for chronically ill psychiatric patients. Our choice was influenced by the fact that we wanted to include their unique working conditions when exploring and assessing their health status. Moreover, our approach was to assess the objective state of health alongside the subjective factors, as our hypothesis was that the majority of the indicators presumably coincided. The data were collected with the help of three questionnaires and some indicators of the objective health statuses were measured. The findings were processed using the SPSS 17.0 mathematical-statistical software package. Following the descriptive statistics, we applied hierarchic cluster-analysis based on results of the WHOQOLD-BREF26 life-quality questionnaire, the WHO WBI-5 Well Being Index, and on the body composition analysis. The results show the objective and subjective health status of population and the factors that influenced it; the working conditions and the interpersonal contacts in the workplace. The conclusion was that in the examined population the subjective and objective health status doesn’t coincide.

Line Drawing in the Dark

2021 ◽  
Vol 22 (1) ◽  
pp. 111-136
Author(s):  
Adam J. Kolber
Keyword(s):  
Line Drawing ◽  
The Law ◽  
Do So

Abstract The law inevitably draws lines. These lines distinguish, for example, whether certain conduct reflects ordinary recklessness constituting manslaughter or more extreme recklessness constituting murder. There is no way to meaningfully draw such lines, however, absent shared ways of representing amounts of recklessness or at least knowledge of the consequences of drawing lines in particular places. Yet legal actors frequently draw lines in the dark, establishing cutoffs along a spectrum with little or none of the information required to do so in a way that suits the law’s goals. For example, jurors must decide whether some conduct constitutes extreme recklessness without knowing prior precedent nor the sentencing consequences of drawing cutoffs in particular places. Judges and lawyers cite line drawing precedents from other jurisdictions without considering whether the lines drawn in prior cases had the same consequences as those in the case at bar. And scholars argue about how to classify conduct without making clear what consequences they believe ought to attach once the classification is made, leaving it hard to tell when scholars have substantive or simply superficial disagreements. In this Article, I discuss some line drawing problems and briefly suggest ways we can add meaning to cutoffs. More generally, I argue, we can “smooth” certain features of the law to both reduce our vulnerability to line drawing in the dark and improve the fit between the law and what our best theories of law recommend. Even when we cannot easily smooth the law, thinking about the law in a smoother fashion can help reduce the jurisprudential pathologies I describe.

Guarding the Public Interest: England's Coroners and Organ Transplants, 1960–1975

2015 ◽  
Vol 54 (4) ◽  
pp. 926-946 ◽  
Author(s):  
Helen MacDonald
Keyword(s):  
Twentieth Century ◽  
Public Interest ◽  
Spare Part ◽  
Organ Transplants ◽  
Legal Requirement ◽  
The Public ◽  
The Law ◽  
Do So

AbstractFrom the mid-twentieth century, England's coroners were crucial to the supply of organs to transplant, as much of this material was gleaned from the bodies of people who had been involved in accidents. In such situations the law required that a coroner's consent first be obtained lest removing the organs destroy evidence about the cause of the person's death. Surgeons challenged the legal requirement that they seek consent before taking organs, arguing that doing so hampered their quick access to bodies. Some coroners willingly cooperated with surgeons while others refused to do so, coming into conflict with particular transplanters whom they considered untrustworthy. This article examines how the phenomenon of “spare part” surgery challenged long-held conceptions of the coroner's role.

scholarly journals Culpability, Kingston and the Law Commission

2010 ◽  
Vol 74 (5) ◽  
pp. 434-471 ◽  
Author(s):  
Cath Crosby
Keyword(s):  
Justice System ◽  
Criminal Liability ◽  
Character Theory ◽  
Criminal Offence ◽  
Pragmatic Approach ◽  
House Of Lords ◽  
The Law ◽  
Court Of Appeal ◽  
Law Commission ◽  
Do So

This article considers the basis upon which a person should be held to be criminally liable, and to do so, it is necessary to examine the leading theories of character and choice that underpin the State holding a person to be culpable of a criminal offence, i.e. the link between culpability and fault. The case of R v Kingston1 is used to examine the application of these leading theories and it is observed that choice theorists would not excuse such a defendant from criminal liability even though his capacity to make a choice to refrain from law breaking was made extremely difficult by external factors beyond his control. Only character theory could possibly offer exculpation in such circumstances on the basis that the defendant acted ‘out of character’ and his deed did not deserve the full censure and punishment of the criminal law. The Court of Appeal in R v Kingston would have been prepared to excuse, but the House of Lords, and most recently the Law Commission have adopted a pragmatic approach to the involuntarily intoxicated offender. This case serves as a reminder that while justice is the aim of the criminal justice system, it is not an absolute standard.

The Law of International Criminal Procedure and Domestic War Crimes Trials

2006 ◽  
Vol 6 (4) ◽  
pp. 605-635 ◽  
Author(s):  
Göran Sluiter
Keyword(s):  
International Law ◽  
International Criminal ◽  
Criminal Procedure ◽  
War Crimes ◽  
Specific Context ◽  
National Courts ◽  
International Criminal Tribunals ◽  
War Crimes Trials ◽  
The Law ◽  
Do So

AbstractThis article deals with the question of possible effect of the law of international criminal procedure for domestic war crimes trials. With the increasing number of national prosecutions for war crimes this question will gain in relevance.The article starts with an exploration of the origin and development of the law of international criminal procedure, to reach the conclusion that because of the lack of a strong foundation it is difficult to discern firmly established rules in this field. Next, two areas are examined where the law of international criminal procedure is capable of producing effect for national trials: human rights and rules that have developed in the specific context of war crimes prosecutions.Whether rules of international criminal procedure are formally effective in the domestic legal order remains to be seen. There is no clear obligation under international law to do so. Furthermore, the law of international criminal procedure may be difficult to harmonise with domestic inquisitorial systems.In spite of these difficulties, the article concludes that national courts will increasingly face similar procedural problems in complex war crimes trials as international criminal tribunals and will be happy to learn from their experiences.

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