In defence of our model for just healthcare systems: why an explicit philosophy is needed in addition to the law, and how Scanlon helps derive just policies

2021 ◽  
pp. medethics-2021-107633
Author(s):  
Caitríona L Cox ◽  
Zoë Fritz
Keyword(s):  
Judicial Review ◽  
Capability Approach ◽  
Healthcare Systems ◽  
Reasonable Person ◽  
Proposed Model ◽  
Philosophical Framework ◽  
The Law ◽  
Definition Of ◽  
The Relationship ◽  
Sen’S Capability Approach

In a recent response to our paper on developing a philosophical framework to guide the design and delivery of a just health service, Sarela raises several objections. We feel that although Sarela makes points which are worthy of discussion, his critique does not undermine either the need for, or the worth of, our proposed model. First, the law does not negate the need for ethics in determining just healthcare policy. Reliance on legal processes can drive inappropriate focus on ensuring policies avoid judicial review, as opposed to ensuring they are truly just; the law affords protection against unjust policies but does not put a commitment to avoiding them at the heart of policy-making. We defend the need for Scanlonian supplementation by emphasising the practical value of adding a step based on reasonable rejection, particularly in ensuring that the views of vulnerable stakeholders are robustly considered. We discuss the similarities and differences between the work of Daniels and Sen in considering the relationship between health and opportunity, concluding that Sen’s capability approach is both valuable and compatible with our proposed model. Finally, the practical use of our model requires consideration of what constitutes a reasonable person. Our model is explicitly intended to help develop a healthcare system which is just to all its users. With this in mind, we suggest that those involved in decision-making should meet Scanlon’s definition of reasonable: they should be motivated to justify their actions to, and seek agreement with, others.

Semantic Health Mediation and Access Control Manager for Interoperability Among Healthcare Systems

2018 ◽  
Vol 11 (4) ◽  
pp. 87-98
Author(s):  
Abdullah Alamri
Keyword(s):  
Medical Information ◽  
Clinical Information ◽  
Healthcare Systems ◽  
Patient Data ◽  
Dual Model ◽  
Healthcare Organizations ◽  
Reference Information ◽  
Proposed Model ◽  
Definition Of ◽  
Semantic Mediation

Healthcare systems have evolved to become more patient-centric. Many efforts have been made to transform paper-based patient data to automated medical information by developing electronic healthcare records (EHRs). Several international EHRs standards have been enabling healthcare interoperability and communication among a wide variety of medical centres. It is a dual-model methodology which comprises a reference information model and an archetype model. The archetype is responsible for the definition of clinical concepts which has limitations in terms of supporting complex reasoning and knowledge discovery requirements. The objective of this article is to propose a semantic-mediation architecture to support semantic interoperability among healthcare organizations. It provides an intermediate semantic layer to exploit clinical information based on richer ontological representations to create a “model of meaning” for enabling semantic mediation. The proposed model also provides secure mechanisms to allow interoperable sharing of patient data between healthcare organizations.

Zur Frage der doktrinellen Auslegung des Artikels 61 Pkt. 3 der Verfassung der Republik Kasachstan

2021 ◽  
Vol 67 (2) ◽  
pp. 133-144
Author(s):  
Ermek B. Abdrasulov
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
Legislative Process ◽  
Legal Norms ◽  
The Law ◽  
The Republic ◽  
Definition Of ◽  
The Relationship ◽  
National Business

This article examines the issues of differentiation of legislative and subordinate regulation of public relations. It is noted that in the process of law-making activities, including the legislative process, practical questions often arise about the competence of various state bodies to establish various legal norms and rules. These issues are related to the need to establish a clear legal meaning of the constitutional norms devoted to the definition of the subject of regulation of laws. In particular, there is a need to clarify the provisions of paragraph 3 of Article 61 of the Constitution of the Republic of Kazakhstan in terms of the concepts "the most important public relations", "all other relations", "subsidiary legislation", as well as to establish the relationship between these concepts. Interpretation is also required by the provisions of p. 4 of Article 61 of the Constitution in terms of clarifying the question of whether the conclusion follows from mentioned provisions that all possible social relations in the Republic of Kazakhstan are subject to legal regulation, including those that are subject to other social and technical regulators (morality, national, business and professional traditions and customs, religion, standards, technical regulations, etc.). Answering the questions raised, the author emphasizes that the law and bylaws, as a rule, constitute a single system of legislation, performing the functions of primary and secondary acts. However, the secondary nature of subsidiary legislation does not mean that they regulate "unimportant" public relations. The law is essentially aimed at regulating all important social relations.

scholarly journals The redirection of attacks by defending forces

2021 ◽  
pp. 1-18
Author(s):  
Tsvetelina van Benthem
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
Prima Facie ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Law Of Armed Conflict ◽  
The Law ◽  
Definition Of ◽  
The Relationship

Abstract This article examines the redirection of incoming missiles when employed by defending forces to whom obligations to take precautions against the effects of attacks apply. The analysis proceeds in four steps. In the first step, the possibility of redirection is examined from an empirical standpoint. Step two defines the contours of the obligation to take precautions against the effects of attacks. Step three considers one variant of redirection, where a missile is redirected back towards the adversary. It is argued that such acts of redirection would fulfil the definition of attack under the law of armed conflict, and that prima facie conflicts of obligations could be avoided through interpretation of the feasibility standard embedded in the obligation to take precautions against the effects of attacks. Finally, step four analyzes acts of redirection against persons under the control of the redirecting State. Analyzing this scenario calls for an inquiry into the relationship between the relevant obligations under international humanitarian law and human rights law.

scholarly journals Ethical Turn in Legal Analogy

2022 ◽  
Vol 21 ◽  
pp. 159-182
Author(s):  
Felicitas Opwis
Keyword(s):  
Human Existence ◽  
Ethical Content ◽  
The Law ◽  
Definition Of ◽  
The Relationship ◽  
Lasting Influence ◽  
The Way ◽  
Divine Law

Al-Ghazālī’s articulation that the purposes of the divine Law (maqāṣid al-sharīʿa) are to attain maṣlaḥa for the five necessary elements of human existence was not only novel but had long-lasting influence on the way Muslim jurists understood the procedure of analogy (qiyās). The correctness of the ratio legis was determinable by its consequences in bringing about maṣlaḥa. This shift was possible only by intellectual shifts in understanding the relationship between ethics and law. This paper traces the development in conceptions of ethics and its impact on the procedure of analogy in three 5th/11th century predecessors of al-Ghazālī, namely al-Baṣrī, al-Dabbūsī, and al-Juwaynī. It shows that al-Ghazālī’s definition of the purposes of the Law was developed based on previous conceptual shifts in the ratio legis from being a sign for the ruling to reflecting the ethical content of the divine injunction.

Descent into Murder: Provocation's Stricture—The Prognosis for Women Who Kill Men Who Abuse Them

2007 ◽  
Vol 71 (4) ◽  
pp. 342-361 ◽  
Author(s):  
Susan Edwards
Keyword(s):  
Battered Women ◽  
Attorney General ◽  
Self Control ◽  
Judicial Discretion ◽  
Reasonable Person ◽  
Women Who Kill ◽  
The Law ◽  
Definition Of ◽  
Mandatory Sentence ◽  
New Framework

This article considers the ruling in Attorney-General for Jersey v Holley1 and its impact on limiting the ambit of the defence of provocation by restoring to the reasonable person a normative capacity for self-control. In particular, the implications of this limitation on legal outcome in cases where women kill men who abuse them are explored. The inevitable demise of provocation as a defence, which follows from the ruling in Holley, is of particular concern as is the new framework for sentencing in convictions for murder2 which in removing judicial discretion from the sentencing decision prohibits judges from tempering the harshness of the mandatory sentence. This new murder/sentencing regime will undoubtedly result in injustice, especially in those cases where battered women kill, which, although deserving of mitigation, nevertheless fail to satisfy the strictures of provocation's requirements post Holley, thereby resulting in an increase in convictions for murder. The Law Commission's report on Murder, Manslaughter and Infanticide3 recommends a new framework for murder and manslaughter, including a new definition of provocation and also a new direction in the murder sentencing framework. This area of the law is still far from fixed.

scholarly journals Związek między zasadą równości a zasadą sprawiedliwości społecznej w polskiej Konstytucji i orzecznictwie Trybunału Konstytucyjnego. Próba spojrzenia ogólnego

2018 ◽  
Vol 114 ◽  
pp. 59-69
Author(s):  
Jolanta Blicharz
Keyword(s):  
Social Justice ◽  
General Principle ◽  
Point Of View ◽  
Moral Imperative ◽  
Constitutional Tribunal ◽  
The Law ◽  
Principles Of Justice ◽  
Definition Of ◽  
The Relationship

THE RELATIONSHIP BETWEEN THE PRINCIPLE OF EQUALITY AND THE PRINCIPLE OF SOCIAL JUSTICE IN THE POLISH CONSTITUTION AND THE JURISPRUDENCE OF THE CONSTITUTIONAL TRIBUNAL. AN ATTEMPT OF A GENERAL ANALYSISThe definition of a justice as the obligation of specificactions in relation to other persons from the point of view of equality results from the fact that by implementing of the principles of justice, it is realised the moral imperative of solidarity with people who are worse off , especially for reasons that are not caused by them. It follows the conclusion that the principle of equality before the law not only corrects, but also concretises the more general principle of social justice.

scholarly journals RULE OF LAW AND LEGALITY AS PRINCIPLES OF NATIONAL POLICE ACTIVITY

2021 ◽  
pp. 45-53
Author(s):  
А. Т. Комзюк ◽  
Salmanova O. Yu.
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Police Officers ◽  
Legal Regulation ◽  
General Idea ◽  
The Rule Of Law ◽  
The Law ◽  
Definition Of ◽  
National Police ◽  
The Relationship

The article defines the relationship between the principles of the rule of law and legality and their importance in the activities of the National Police of Ukraine. Indicated, that the principle of the rule of law is enshrined in the Constitution of Ukraine, and in relation to the National Police – also in the Law on it. Attention is drawn to the fact that the definition of the rule of law in the Constitution and the Law of Ukraine «On the National Police» is interpreted differently. Therefore, in a generalized form, the principle of the rule of law is proposed to be interpreted as the idea of the rule of law, which is embodied in the creation of appropriate laws, their proper implementation, prohibition of arbitrariness, human rights, non-discrimination and equality before the law. It was emphasized that it was expedient to define this principle as a general idea in the Law “On the National Police”, as its other components cannot always be fulfilled in the activity of the police. In particular, the authorities and police officers cannot question the compliance of the law with the ideas of social justice, freedom, equality, etc. Nor can they, in the performance of their tasks and functions, be guided by norms of morality, traditions, customs, etc., and not by formally defined norms of law (ie laws). It is in the light of such reservations that it is proposed to define this principle. The police must implement it through certain requirements – legality, prohibition of arbitrariness, respect for human rights, non-discrimination and equality before the law. Therefore, legality is of paramount importance in the activity of the police – the police act exclusively on the basis, within the powers and in the manner determined by the Constitution and laws of Ukraine. In this regard, the proposals to improve the legal regulation of the rule of law and legality as principles of the National Police of Ukraine are substantiated.

scholarly journals When Courts do Politics: Public Interest Law and Litigation in East Africa by J Oloka- Onyango

2018 ◽  
Vol 3 (1) ◽  
pp. 107-116
Author(s):  
Melissa Mungai
Keyword(s):  
East Africa ◽  
Public Interest ◽  
Judicial Review ◽  
Separation Of Powers ◽  
Status Quo ◽  
Public Interest Law ◽  
The Status ◽  
The Law ◽  
The Relationship ◽  
The Waves

An all-too-simplistic appreciation of the relationship among the three arms of government should be excluded in order to get the gist of Oloka’s writing. He pulls apart the idea that courts simply interpret the law, keeping off from legislative and executive duties. Instead, the author introduces the notion that courts are not insulated from the ‘waves of politics’. In this regard, he invites scrutiny of their powers: of judicial review, to declare a law invalid, to appoint and vet judges, and to interpret the constitution. These defy a purist understanding of the classical separation of powers theory which holds that ‘judges should just judge’ and in this sense avoid upsetting the status quo.

scholarly journals Freedom, Precariousness, and the Law: Freed Persons Contracting out their Labour in Nineteenth-Century Brazil

2009 ◽  
Vol 54 (3) ◽  
pp. 391-416 ◽  
Author(s):  
Henrique Espada Lima
Keyword(s):  
Nineteenth Century ◽  
Immigrant Workers ◽  
Contracting Out ◽  
Labour Contracts ◽  
The Law ◽  
Definition Of ◽  
The Relationship

SummaryThis essay discusses the relationship between Brazilian labour laws and the labour arrangements entered into by former slaves (libertos – freed persons) in Brazil during the nineteenth century. It discusses firstly how the definition of “contract” was important in guiding the labour laws on Brazilian national and immigrant workers, as well as on former slaves. By analysing a sample of labour contracts entered into by freed persons and recorded in the archives of notaries in the southern Brazilian city of Desterro (now Florianópolis) between the 1840s and 1887, this essay discusses too the conflicted meanings of “freedom of labour” to freed persons and their employers. It attempts further to show how efforts to deal with precariousness were central to the strategies of freed persons and the negotiations underlying those contracts. Finally, this essay aims to understand the possible reasons for the disappearance of the contracts from notarial records after the end of slavery.

scholarly journals HUBUNGAN PENDIDIKAN DAN HUKUM DALAM MENSEJAHTERAKAN MANUSIA

EKSPOSE ◽  
2019 ◽  
Vol 16 (2) ◽  
pp. 402
Author(s):  
Abdul Kallang
Keyword(s):  
Everyday Life ◽  
Educational Situation ◽  
Present Context ◽  
The Law ◽  
Definition Of ◽  
The Right ◽  
The Relationship ◽  
Education And Law

This paper discusses the relationship between education and law in the welfare of humans. So, the discussion is related to the educational situation that should be applied as well as the law that is appropriately enforced, not only many rules, but the rules are not enforced. All teachers must understand and understand that the concept or method of education is very different now. The point is we must understand, practice with the present context. Likewise, the law must be applied in the context of the present. In everyday life, humans must walk, not stop, turn to the left and to the right, sometimes backward, but must continue to advance in achieving what he wants by paying attention to the situation around one of them is to pay attention to those related to education and law. Both epistemologically, axiologically and ontologically. what I mean here is what is the definition of education and also law? What is the basis of the importance of education and law? And c. What is the relationship between education and law in the welfare of humans.

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