The Dawning of the Social Model? Applying a Disability Lens to Recent Developments in the Law of Negligence

2019 ◽  
Author(s):  
Anne Levesque ◽  
Ravi Malhotra
2019 ◽  
Vol 19 (1) ◽  
pp. 26-47 ◽  
Author(s):  
Stephen Bunbury

This article seeks to gain access to a new way to engage with disability discrimination and the legal approaches to it by focusing on the two central models: the medical and social models. It discusses how the law has based the definition of disability on the medical model and suggests that this may strengthen some of the underlying factors that contribute to segregation and discrimination of disabled people. This article argues that the law should now switch focus to the social model, in an attempt to transform people’s attitudes towards disabled people and become a positive force to reduce discrimination. It makes reference to the reasonable adjustment duty contained in sections 20 and 21 Equality Act 2010, the Framework Directive and by way of comparison the American with Disabilities Act 1990. Relevant critical theories are integrated as a means to explore the conception and the hierarchy that exist between able-bodied individuals and disabled individuals.


1979 ◽  
Vol 24 (5) ◽  
pp. 459-470 ◽  
Author(s):  
H. Collomb

There is an imperialist dimension in occidental science; for instance, mental illnesses are defined and classified according to occidental criteria, which we in the western world tend to consider universal. In the medical model, reinforced by the developments of psychopharmacology, the sequence diagnosis — drugs — discharge tends to exclude the personal and social dimensions. Even the psychoanalytic approach does not get away from the concept of individual illness, and minimizes the social dimension of existence. In traditional African cultures, mental illness is integrated into social order and cosmic order. Each member of the culture has precise conceptual and operational models for the causes of the illness: the patient is the victim of an aggression, carried out by a living person or by a ghost, acting as representative of the law of the group. The social discourse, in particular, the healers, masks and reveals a deep and holistic truth: illness is the outcome of the characteristic and fundamental aggressiveness of the human species. The various representations, changing from one ethnic group to another, reflect two fundamental types of conflictual situations: conflict with the other, derived from the original conflict with the mother; and conflict with the law, which emanates not from the father but from the ancestors or the gods. A typical example is described: the Rab system used by the healers of Senegal. Man is not an isolated individual, perceiving his isolation, separated from the others and from the world. He is a link in a chain, very much part of a lineage, engaged in the universe, protected by the ancestors and the gods. Illness has a social value: it is a sign of a disorder in the community. The healer, whose knowledge and power have been acquired through initiation, does not address himself to the patient: his action, through symbolic procedures, is directed to the community. Not only does he aim at freeing the patient from the illness, but at restoring order in the group. African ethnopsychiatry is therefore a social psychiatry in the fullest sense. Occidental cultures have privileged other models: the medical model centered around the concept of illness, the psychological model around the concept of personality. The social model has not yet obtained the privileged place which it will perhaps reach once the essential importance of the social aspect of mental illness is recognized. These views have led the author to his action-research during twenty years of psychiatric practice and teaching in Senegal (1958–1978), where he found that the medical model as imported from France had proven inefficient. The Fann mental hospital, a cultural heritage of the colonial status, was changed from a closed asylum into a living community, open to families, friends, and former patients at any time of the day or night. A member of the family of each patient had to be hospitalized with him and to share the same life during his whole stay. All kinds of community activities were set out. A blurring of the roles of staff and patients took place. Slowly, madness, because of this liberal acceptance, disappeared from the institution. What has been possible in Africa cannot be achieved in Europe at the present. The pre-eminence of the medical model, the rigidity and hierarchy of the medical power, the heaviness and bureaucratic routines of the health care system are formidable obstacles.


2005 ◽  
Vol 19 (3) ◽  
pp. 527-545 ◽  
Author(s):  
Colin Barnes ◽  
Geof Mercer

This article engages with debates relating to social policy and disabled people’s exclusion from the British labour market. Drawing on recent developments from within the disabled people’s movement, in particular, the concept of independent living and the social model of disability, and the associated disability studies literature, a critical evaluation of orthodox sociological theories of work, unemployment, and under-employment in relation to disabled people’s exclusion from the workplace is provided. It is argued that hitherto, analyses of work and disability have failed to address in sufficient depth or breadth the various social and environmental barriers that confront disabled people. It is suggested therefore that a reconfiguration of the meaning of work for disabled people - drawing on and commensurate with disabled people’s perspectives as expressed by the philosophy of independent living - and a social model analysis of their oppression is needed and long overdue.


Author(s):  
Yaroslav Skoromnyy ◽  

The article reveals the conceptual foundations of the social responsibility of the court as an important prerequisite for the legal responsibility of a judge. It has been established that the problem of court and judge liability is regulated by the following international and Ukrainian documents, such as: 1) European Charter on the Law «On the Status of Judges» adopted by the Council of Europe; 2) The Law of Ukraine «On the Judicial System and the Status of Judges»; 3) the Constitution of Ukraine; 4) The Code of Judicial Ethics, approved by the Decision of the XI (regular) Congress of Judges of Ukraine; 5) Recommendation CM/Rec (2010) 12 of the Cabinet of Ministers of the Council of Europe to member states regarding judges: independence, efficiency and responsibilities; 6) Bangalore Principles of Judicial Conduct. The results of a survey conducted by the Democratic Initiatives Foundation and the Razumkov Center, the Council of Judges of Ukraine and the Center for Judicial Studios with the support of the Swiss Agency for Development and Cooperation based on the «Monitoring of the State of Independence of Judges in Ukraine – 2012» as part of the study of the level of trust in the modern system were considered and analyzed, justice, judges and courts. It is determined that a judge has both a legal and a moral duty to impartially, independently, in a timely manner and comprehensively consider court cases and make fair judicial decisions, administering justice on the basis of legislative norms. Based on the study of the practice of litigation, it has been proven that judges must skillfully operate with various instruments of protection from public influence. It has been established that in order to ensure the protection of judges from the public, it is necessary to create special units that will function as part of judicial self-government bodies. It was proposed that the Council of Judges of Ukraine, which acts as the highest body of judicial self- government in our state (in Ukraine), legislate the provision on ensuring the protection of the procedural independence of judges.


Author(s):  
Angela Dranishnikova ◽  
Ivan Semenov

The national legal system is determined by traditional elements characterizing the culture and customs that exist in the social environment in the form of moral standards and the law. However, the attitude of the population to the letter of the law, as a rule, initially contains negative properties in order to preserve personal freedom, status, position. Therefore, to solve pressing problems of rooting in the minds of society of the elementary foundations of the initial order, and then the rule of law in the public sphere, proverbs and sayings were developed that in essence contained legal educational criteria.


Author(s):  
Sophie Mützel ◽  
Ronald Breiger

This chapter focuses on the general principle of duality, which was originally introduced by Simmel as the intersection of social circles. In a seminal article, Breiger formalized Simmel’s idea, showing how two-mode types of network data can be transformed into one-mode networks. This formal translation proved to be fundamental for social network analysis, which no longer needed data on who interacted with whom but could work with other types of data. In turn, it also proved fundamental for the analysis of how the social is structured in general, as many relations are dual (e.g. persons and groups, authors and articles, organizations and practices), and are thus susceptible to an analysis according to duality principles. The chapter locates the concept of duality within past and present sociology. It also discusses the use of duality in the analysis of culture as well as in affiliation networks. It closes with recent developments and future directions.


Legal Theory ◽  
2021 ◽  
pp. 1-34
Author(s):  
João Alberto de Oliveira Lima ◽  
Cristine Griffo ◽  
João Paulo A. Almeida ◽  
Giancarlo Guizzardi ◽  
Marcio Iorio Aranha

Abstract At the core of Hohfeld's contribution to legal theory is a conceptual framework for the analysis of the legal positions occupied by agents in intersubjective legal relations. Hohfeld presented a system of eight “fundamental” concepts relying on notions of opposition and correlation. Throughout the years, a number of authors have followed Hohfeld in applying the notion of opposition to analyze legal concepts. Many of these authors have accounted for Hohfeld's theory in direct analogy with the standard deontic hexagon. This paper reviews some of these accounts and extends them employing recent developments from opposition theory. In particular, we are able to extend application of opposition theory to an open conception of the law. We also account for the implications of abandoning the assumption of conflict-freedom and admitting seemingly conflicting legal positions. This enables a fuller analysis of Hohfeld's conceptual analytical framework. We also offer a novel analysis of Hohfeld's power positions.


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