scholarly journals The Concept of the Patient’s Autonomy: From the Vaults of Civil Law

2021 ◽  
Vol 8 (1) ◽  
pp. 83-106
Author(s):  
Anatoliy A. Lytvynenko
Keyword(s):  
20Th Century ◽  
Medical Malpractice ◽  
Civil Law ◽  
Medical Intervention ◽  
Gradual Change ◽  
Medical Law ◽  
Late 20Th Century ◽  
Medical Experiments ◽  
Patient’S Rights ◽  
Patient’S Autonomy

The concept of patient’s rights itself was fairly known before the last four or five decades, and medical malpractice of all kinds made the aggrieved party to seek redress at a court; but no special legislation, apart from rare exceptions, has ever existed to anchor the patient’s rights before the late 20th century. In the civil law tradition of the 20th century, especially its earlier decades, doctors could be held criminally or civilly liable for a wide variety of malpractice, including unauthorised medical intervention or divulgation of patient’s information, though such provisions did not develop actual rights, were quite general in their nature, and were individually assessed by the courts in each case. Within in the gradual change in the doctrines of medical law, the term “autonomy”, shaping the patient’s right to decide what medical interventions could or could not be performed upon his body, intervened into the existing legal scholarship, which was later augmented with various issues, such as access to medical records of the patient, refusal of blood transfusion, participation in medical experiments, deciding upon end-of-life situations or relating to various reproductive law considerations, not always permitted by national law. Many of these rights are much older than the concept of patient’s autonomy themselves, and have developed in the case law which itself has originated from lawsuits against doctors and hospitals for acts, being nearly obscure in the existing legal doctrine, such as unauthorised medical experiments. The given paper is aimed to discuss the academic development and overall gist of the patient’s right to autonomy, as well as some of its early interpretations in civil law doctrine. Keywords: patient’s rights, medical malpractice, theory of law, medical law, patient autonomy, civil law.

scholarly journals PROTECTING PATIENT’S RIGHTS IN A POST-TRADITIONAL LEGAL SYSTEM: COMPARING LATVIAN AND JAPANESE MEDICAL JURISPRUDENCE

Medicne pravo ◽  
2021 ◽  
pp. 18-46
Author(s):  
A. A. Lytvynenko
Keyword(s):  
Legal System ◽  
Civil Law ◽  
Case Law ◽  
Medical Law ◽  
Medical Interventions ◽  
Patient’S Rights ◽  
The Supreme Court ◽  
Lower Courts ◽  
Right To Information ◽  
End Of Life Decision

Litigation concerning the violation of patient’s rights, which are associated with informed consent, confidentiality, right to information and medical records, as well as occasionally with end-of-life decision- making are quite frequent in common law and civil law jurisdictions, and has lasted for over a century in issues concerning malpractice, or unauthorized medical interventions and breaches of medical confidentiality. However, what could we say about medical law-related litigation in Japan? Technically, the legal system of Japan is a civil law one, but is practically post-traditional, which is reflected in extreme paternalism in healthcare and patient-physician relationships, which could be observed before the recent decades and which still has some impact on the modern Japanese medical law, despite the number of medical law-related litigation is becoming more frequent nowadays. The Japanese legislation does not have a specific “patient’s rights law” in contrast to European states, and most of the principles relating to medical malpractice derive from case law – the practice of the Supreme Court and of the lower courts. Each of the decisions strongly depends upon the factual circumstances, and the post-traditional features of the legal system may have some impact on it.

Medical Malpractice in Twentieth Century United States: The Interaction of Technology, Law, and Culture

1998 ◽  
Vol 14 (2) ◽  
pp. 196-211 ◽  
Author(s):  
Kennethe De Ville
Keyword(s):  
United States ◽  
20Th Century ◽  
Medical Malpractice ◽  
The United States ◽  
Cultural Changes ◽  
Late 20Th Century ◽  
History Of ◽  
Underlying Causes ◽  
Entire History

AbstractAlthough medical malpractice litigation in the United States has generated extensive professional and scholarly attention, few analyses of the issue have explored its underlying causes. This essay develops and employs an historical framework to explain the late 20th century phenomenon and concludes that widespread medical malpractice suits are the result of a combination of short-term topical causes and long-term cultural changes that are ignored or left untouched by most reform efforts. Most importantly, however, the development and proliferation of new and improved medical technologies has played a pivotal role throughout the entire history of the litigation, an effect that has become most prominent and important in the last third of the 20th century.

“Band Wagon and Gravy Train”: uses and abuses along the Silk Road

Afghanistan ◽  
2019 ◽  
Vol 2 (2) ◽  
pp. 171-194
Author(s):  
Warwick Ball
Keyword(s):  
20Th Century ◽  
21St Century ◽  
Silk Road ◽  
Late 20Th Century ◽  
Ancient Trade ◽  
International Image ◽  
Academic Discussion ◽  
The Silk Road

The Silk Road as an image is a relatively new one for Afghanistan. It appeals to both the pre-Islamic and the perceived Islamic past, thus offering an Islamic balance to previous identities linked to Bamiyan or to the Kushans. It also appeals to a broader and more international image, one that has been taken up by many other countries. This paper traces the rise of the image of the Silk Road and its use as a metaphor for ancient trade to encompass all contacts throughout Eurasia, prehistoric, ancient and modern, but also how the image has been adopted and expanded into many other areas: politics, tourism and academia. It is argued here that the origin and popularity of the term lies in late 20th century (and increasingly 21st century) politics rather than any reality of ancient trade. Its consequent validity as a metaphor in academic discussion is questioned

scholarly journals Run to the hills: Forest growth responsiveness to drought increased at higher elevation during the late 20th century

2021 ◽  
Vol 772 ◽  
pp. 145286
Author(s):  
Marín Pompa-García ◽  
Marcos González-Cásares ◽  
Antonio Gazol ◽  
J. Julio Camarero
Keyword(s):  
20Th Century ◽  
Forest Growth ◽  
Late 20Th Century

scholarly journals Urban Policies and Large Projects in Central City Areas: The Example of Madrid (Spain)

Urban Science ◽  
2021 ◽  
Vol 5 (2) ◽  
pp. 42
Author(s):  
Dolores Brandis García
Keyword(s):  
Urban Planning ◽  
20Th Century ◽  
Large Scale ◽  
Central City ◽  
Global Market ◽  
Late 20Th Century ◽  
Public And Private ◽  
Urban Policies ◽  
Starting Point ◽  
The City

Since the late 20th century major, European cities have exhibited large projects driven by neoliberal urban planning policies whose aim is to enhance their position on the global market. By locating these projects in central city areas, they also heighten and reinforce their privileged situation within the city as a whole, thus contributing to deepening the centre–periphery rift. The starting point for this study is the significance and scope of large projects in metropolitan cities’ urban planning agendas since the final decade of the 20th century. The aim of this article is to demonstrate the correlation between the various opposing conservative and progressive urban policies, and the projects put forward, for the city of Madrid. A study of documentary sources and the strategies deployed by public and private agents are interpreted in the light of a process during which the city has had a succession of alternating governments defending opposing urban development models. This analysis allows us to conclude that the predominant large-scale projects proposed under conservative policies have contributed to deepening the centre–periphery rift appreciated in the city.

scholarly journals Place matters: geographical context, place belonging and the production of locality in Mediterranean Noirs

GeoJournal ◽  
2021 ◽  
Author(s):  
Nicola Gabellieri
Keyword(s):  
20Th Century ◽  
Crime Fiction ◽  
The Novel ◽  
Late 20Th Century ◽  
Literary Works ◽  
Geographical Discourse ◽  
Detective Stories ◽  
Narrative Medium ◽  
Geographical Context

AbstractScholars have been investigating detective stories and crime fiction mostly as literary works reflecting the societies that produced them and the movement from modernism to postmodernism. However, these genres have generally been neglected by literary geographers. In the attempt to fill such an epistemological vacuum, this paper examines and compare the function and importance of geography in both classic and late 20th century detective stories. Arthur Conan Doyle’s and Agatha Christie’s detective stories are compared to Mediterranean noir books by Manuel Montalbán, Andrea Camilleri and Jean Claude Izzo. While space is shown to be at the center of the investigations in the former two authors, the latter rather focus on place, that is space invested by the authors with meaning and feelings of identity and belonging. From this perspective, the article argues that detective investigations have become a narrative medium allowing the readership to explore the writer’s representation/construction of his own territorial context, or place-setting, which functions as a co-protagonist of the novel. In conclusion, the paper suggests that the emerging role of place in some of the later popular crime fiction can be interpreted as the result of writer’s sentiment of belonging and, according to Appadurai’s theory, as a literary and geographical discourse aimed at the production of locality.

Focusing on India’s Look East Policy: India–China relationship from 1947 to 2020

2021 ◽  
pp. 223386592110183
Author(s):  
Kaushik Roy
Keyword(s):  
20Th Century ◽  
Industrial Revolution ◽  
International System ◽  
China Policy ◽  
Economic Competition ◽  
Intimate Contact ◽  
Late 20Th Century ◽  
Republic Of China ◽  
China And India ◽  
The World

Before the onset of the industrial revolution, China and India were the two biggest powers in Eurasia. Their total population comprised almost half of the world’s population. And the GNP of premodern China was half of the combined GNP of the world. Before circa 1600 CE, most of the textiles and iron in the world were manufactured in these two countries. China and India suffered a temporary eclipse during the age of colonialism. However, with the rise of the economic and military power of China and India from the late 20th century, it seems that these two countries are bound to reclaim their traditional positions as big powers in the international system. However, there is a caveat. In the premodern era, the Himalayas prevented any intimate contact between the ‘dragon’ and the ‘elephant’. But, from the mid-20th century, advances in technology, economic competition and the annexation of Tibet by the People’s Republic of China (PRC) among other factors resulted in China and India coming into direct contact with each other. The result has been cooperation–competition–conflict. And this has had consequences not only for these two countries but for the whole world. The present article attempts to trace the troubled trajectory of India’s China policy from the late 1940s (when these two countries became independent) up to the present day.

Did We Finally Slay the Evil Dragon of Cigarette Smoking in the Late 20th Century?

CHEST Journal ◽  
2014 ◽  
Vol 146 (6) ◽  
pp. 1438-1443 ◽  
Author(s):  
Richard D. Hurt ◽  
Joseph G. Murphy ◽  
William F. Dunn
Keyword(s):  
Cigarette Smoking ◽  
20Th Century ◽  
Late 20Th Century
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