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Ethical Perspective of the Future Development of Law 法律未来发展的伦理视角
Medicine, Law & Society Pub Date : 2023-10-27 DOI: 10.18690/mls.16.2.247-266.2023
Miro Cerar
{"title":"Ethical Perspective of the Future Development of Law","authors":"Miro Cerar","doi":"10.18690/mls.16.2.247-266.2023","DOIUrl":"https://doi.org/10.18690/mls.16.2.247-266.2023","url":null,"abstract":"Law, by its very nature, is human and humane. The humanity of law means that law is a product of man and is intended for man. The humaneness of law, however, means that human dignity and well-being must be the fundamental basis of law. Law, therefore, does not exist without a sufficient ethical foundation. The establishment of a state governed by the rule of law, and a legal culture based on it requires a particularly strong anchoring of law in ethical values. The greatest threats to ethics and law are (1) ethical deficits in areas of society on which law (co-)depends, (2) extreme authoritarian and totalitarian regimes, and (3) autonomous artificial intelligence capable of turning away from humans or even turning against and overcoming humans. In the first two cases, the humaneness of law is critically reduced or even extinguished; in the last case, both the humaneness and the humanity of law are extinguished, which is the worst possible scenario. All these dangers must be recognized in time and adequately averted, and regular efforts must be made to preserve the ethical values and the values of the rule of law.","PeriodicalId":227174,"journal":{"name":"Medicine, Law & Society","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139312894","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Right to Be Ill: Refusal Of Medical Treatment v. Public Health In a Democracy 生病的权利：民主社会中的拒绝医疗与公共卫生
Medicine, Law & Society Pub Date : 2023-10-27 DOI: 10.18690/mls.16.2.211-226.2023
David Schultz
{"title":"The Right to Be Ill: Refusal Of Medical Treatment v. Public Health In a Democracy","authors":"David Schultz","doi":"10.18690/mls.16.2.211-226.2023","DOIUrl":"https://doi.org/10.18690/mls.16.2.211-226.2023","url":null,"abstract":"Debates regarding health and health care generally involve questions regarding whether there is a right to -either. But in a democracy do individuals have a right to refuse medical treatment? The 2019 Covid pandemic raised this question as democracies sought to balance individuals with medical mandates such as the wearing of masks or vaccines. This article examines that question asking whether there is a right to be ill and to refuse force medical treatment in the case of infectious diseases that are life threatening. The article will conclude that in most cases competent adults have a right to refuse medical treatment and be ill, yet such a right has to be balanced against a host of factors supporting the preservation of the life of others.","PeriodicalId":227174,"journal":{"name":"Medicine, Law & Society","volume":"19 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139312455","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Criminal and Civil Aspects Of Healthcare Worker Liability For Medical Malpractice in Croatia 克罗地亚医疗工作者医疗事故的刑事和民事责任
Medicine, Law & Society Pub Date : 2023-10-27 DOI: 10.18690/mls.16.2.319-352.2023
Dinka Šago
{"title":"Criminal and Civil Aspects Of Healthcare Worker Liability For Medical Malpractice in Croatia","authors":"Dinka Šago","doi":"10.18690/mls.16.2.319-352.2023","DOIUrl":"https://doi.org/10.18690/mls.16.2.319-352.2023","url":null,"abstract":"A healthcare worker's liability for damage caused to patients can be criminal, civil, misdemeanour, and disciplinary, with the necessary precondition that the damage was caused as a result of medical malpractice or negligence, and not as a result of the regular course of the disease. The paper analyzes the criminal law and civil law aspects of the healthcare worker's responsibility for damage caused by medical malpractice through the provision of medical care. The imprecise definition of the legal nature of the healthcare worker's responsibility, the obligations that the law imposes on doctors, the definition of malpractice in medical treatment, as well as the legal basis of responsibility, indicate the existence of many legal dilemmas that require additional analysis to which we would like to contribute with this paper. Because of a broad concept of issues in healthcare worker's liability, this paper aims to explain the material assumptions of criminal (duty to act) and civil (negligence) liability and discusses the legal position of a medical expert in both types of proceedings.","PeriodicalId":227174,"journal":{"name":"Medicine, Law & Society","volume":"10 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139312729","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Proposed Law for the European Health Data Space in Context 欧洲健康数据空间拟议法律的背景
Medicine, Law & Society Pub Date : 2023-10-27 DOI: 10.18690/mls.16.2.287-318.2023
Filip Křepelka
{"title":"Proposed Law for the European Health Data Space in Context","authors":"Filip Křepelka","doi":"10.18690/mls.16.2.287-318.2023","DOIUrl":"https://doi.org/10.18690/mls.16.2.287-318.2023","url":null,"abstract":"Analysing electronic health records could improve medicine, but personal data protection impedes this research. The European Health Data Space shall unleash these data. The focus now shifts on how best to balance this effort while at the same time protecting patients' privacy and autonomy. Still, we need to address the reality. Research on images, laboratory results and prescriptions will be easy, as they are electronic. However, the written core of health records is not structured, and establishing summaries for all patients is challenging. Regulations instead of directives are a laudable solution to help simplify the situation. Nonetheless, new challenges emerge with the co-existence of supranational and national frameworks if the former is to have far-reaching ambitions.","PeriodicalId":227174,"journal":{"name":"Medicine, Law & Society","volume":"40 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139312415","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Hate Speech in Times of the COVID-19 Pandemic: The Social Costs and Legal Implications of a Health Crisis COVID-19 大流行时期的仇恨言论：健康危机的社会成本和法律影响
Medicine, Law & Society Pub Date : 2023-10-27 DOI: 10.18690/mls.16.2.227-246.2023
N. Peršak
{"title":"Hate Speech in Times of the COVID-19 Pandemic: The Social Costs and Legal Implications of a Health Crisis","authors":"N. Peršak","doi":"10.18690/mls.16.2.227-246.2023","DOIUrl":"https://doi.org/10.18690/mls.16.2.227-246.2023","url":null,"abstract":"In crisis times, such as the recent health crisis brought out by the COVID-19 pandemic, society responds in a myriad of pro-social as well as negative, anti-social ways. The article starts by mentioning some broader social and regulatory responses to the pandemic that provided a backdrop to the studied phenomenon. It then looks explicitly at hate speech, unpacks the three-layered dimensions of its harmful consequences, helping to grasp the magnitude of harm caused by such pandemic-fuelled prejudice-based expression, and inspects the impact of the pandemic on such expression that is largely criminalised in Europe. The article concludes with some thoughts on the implications and lessons for the future.","PeriodicalId":227174,"journal":{"name":"Medicine, Law & Society","volume":"3 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139312851","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Screening the Older for Abuse 筛查老年人是否受到虐待
Medicine, Law & Society Pub Date : 2023-10-27 DOI: 10.18690/mls.16.2.267-286.2023
Marta Sjeničić
{"title":"Screening the Older for Abuse","authors":"Marta Sjeničić","doi":"10.18690/mls.16.2.267-286.2023","DOIUrl":"https://doi.org/10.18690/mls.16.2.267-286.2023","url":null,"abstract":"Many countries are developing instruments to help prevent and recognize violence against the older. In the area of older abuse and its consequences, different screening methods have been developed and adapted to the country in which they are applied. Professionals are often not trained to detect signs of abuse, much less screen for the same, and therefore need continuous training in geriatrics and geriatric medicine. In order to draw attention to the older in the near future, specific measures should be prescribed not only within the framework of current legal regulations and bylaws, but also through guidelines, guides and other professional documents (soft-law), to be taken by state bodies, non-governmental organizations and other actors, for the purpose of screening violence, prevention of violence against the older, treatment of the older who have been subjected to violence and measures against its perpetrators, including forensics in cases of violence against the older. Instruments for organized screening for violence should be introduced in all sectors, but especially in the health and social care sectors, because primary health care and social work centers, in fact, are the gateway to the health and social system and make initial contact with service users, including the older.","PeriodicalId":227174,"journal":{"name":"Medicine, Law & Society","volume":"28 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139313003","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Challenges of International Adoption in Bosnia and Herzegovina 波斯尼亚和黑塞哥维那国际收养面临的挑战
Medicine, Law & Society Pub Date : 2023-10-27 DOI: 10.18690/mls.16.2.353-380.2023
Anita Duraković
{"title":"Challenges of International Adoption in Bosnia and Herzegovina","authors":"Anita Duraković","doi":"10.18690/mls.16.2.353-380.2023","DOIUrl":"https://doi.org/10.18690/mls.16.2.353-380.2023","url":null,"abstract":"Adoption is a special form of family-legal protection of children without parental responsibility, which establishes the parental relationship. We distinguish adoption that takes place within the borders of one country, i.e. internal adoption, and cross-border adoption, i.e. international adoption. The international element can appear in subjects of adoption, i.e. with regard to their citizenship, domicile or habitual residence, and the place of adoption. The focus of the work is the legislative framework in Bosnia and Herzegovina for cases of international adoption, especially the situation of establishing the international adoption of a domestic citizen in Bosnia and Herzegovina and the situation of establishing the international adoption of a foreign citizen abroad in the service of child healthcare and child welfare. Considering the numerous challenges that exist in this matter, the existence of a complete and high-quality normative framework is a condicio sine quo non for successful and legally valid international adoption. In this context, and aware of the importance of the Hague Convention on Adoption from 1993 and the need to harmonize the legislation of Bosnia and Herzegovina with the acquis of the European Union and the comparative trends in comparative law, proposals for lege ferenda were made.","PeriodicalId":227174,"journal":{"name":"Medicine, Law & Society","volume":"231 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139313034","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Loss of a Close Person – Intersections Between Law and Psychology. Case of Polish Law 失去一个亲近的人——法律与心理学的交叉。波兰法律案例
Medicine, Law & Society Pub Date : 2023-04-28 DOI: 10.18690/mls.16.1.87-122.2023
Marlena Drapalska-Grochowicz
{"title":"The Loss of a Close Person – Intersections Between Law and Psychology. Case of Polish Law","authors":"Marlena Drapalska-Grochowicz","doi":"10.18690/mls.16.1.87-122.2023","DOIUrl":"https://doi.org/10.18690/mls.16.1.87-122.2023","url":null,"abstract":"\u0000 \u0000 \u0000 \u0000The Polish legislator allows for compensation for the harm suffered due to the death of close person resulting from a tort (for example, a car accident). The basis for such claims is Article 446 § 4 of the Polish Civil Code, which contains a vague expression “the closest family member.” Courts must therefore determine whether and how someone was close to someone. The language of the judicial justifications indicates that the courts do not determine proximity solely based on legal criteria. In this publication, I will analyze court decisions in which the scope of the vague expression “the closest family member” has been adjudicated. The analysis aims to establish the legal understanding of closeness in the indicated case and to determine whether and how references to psychology support it. \u0000 \u0000 \u0000 \u0000","PeriodicalId":227174,"journal":{"name":"Medicine, Law & Society","volume":"284 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134018813","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Role and Position of AI Evidence in Civil Litigation 人工智能证据在民事诉讼中的作用与地位
Medicine, Law & Society Pub Date : 2023-04-28 DOI: 10.18690/mls.16.1.169-190.2023
M. Sokolova
{"title":"The Role and Position of AI Evidence in Civil Litigation","authors":"M. Sokolova","doi":"10.18690/mls.16.1.169-190.2023","DOIUrl":"https://doi.org/10.18690/mls.16.1.169-190.2023","url":null,"abstract":"\u0000 \u0000 \u0000 \u0000This article examines the role and position of AI evidence in civil litigation. Despite the sporadic appearance of such evidence in court proceedings, it has the potential to revolutionize the evidential field and change our understanding of the nature and evidential qualities of existing types of evidence. After a thorough examination of the key technical specifications of AI, different classifications of AI evidence and various approaches to treatment of AI evidence, the author suggests how AI evidence should be treated according to the Slovenian Civil Procedure law. It is inferred that standard evidence rules can be applied to AI evidence, if the probative value of such evidence does not depend on the AI involved. In cases where probative value of evidence depends on the involved AI system, AI evidence can nevertheless be treated as witness or expert evidence, or, precisely, as ex parte affidavit or private expert opinion depending on the level of human or AI contribution to the content of AI evidence. The author concludes that black box and bias problems of AI systems generating evidence have to be properly addressed in order for AI evidence to achieve full evidential value and reliability. \u0000 \u0000 \u0000 \u0000","PeriodicalId":227174,"journal":{"name":"Medicine, Law & Society","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117353728","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Health Care Decisions in Social Care Settings: General Regulation and Interpretation in Cpt’s Jurisprudence 社会护理环境中的医疗保健决策:Cpt法学中的一般规定和解释
Medicine, Law & Society Pub Date : 2023-04-28 DOI: 10.18690/mls.16.1.1-24.2023
Laura Kadile
{"title":"Health Care Decisions in Social Care Settings: General Regulation and Interpretation in Cpt’s Jurisprudence","authors":"Laura Kadile","doi":"10.18690/mls.16.1.1-24.2023","DOIUrl":"https://doi.org/10.18690/mls.16.1.1-24.2023","url":null,"abstract":"\u0000 \u0000 \u0000 \u0000The Committee for the Prevention of Torture and Inhuman Treatment is a body of the Council of Europe that organises visits to places of detention such as social care homes in order to assess how persons deprived of their liberty are treated. This means that in practice people are not free to leave the institution and are therefore de facto deprived of liberty. In such situations, people with disabilities are particularly vulnerable and have limited capacity to make decisions about medical treatment and care. As the number of such persons increases, and in order to ensure protection under international law, the results of the empirical study indicate the need to provide immediate assistance to residents in safeguarding their rights to self-determination or private autonomy and legal interests in making health care decisions in social care settings. For example, involving the resident in consenting to treatment or establishing a decision-making assessment procedure. \u0000 \u0000 \u0000 \u0000","PeriodicalId":227174,"journal":{"name":"Medicine, Law & Society","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132202685","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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