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The relation between law and morality: children's reasoning about socially beneficial and unjust laws.

This study investigated children's reasoning about laws and legal compliance. A total of 72 children, 24 each at 6, 8, and 10 years of age, made judgments of law evaluation ("Is it a good or bad law?"), legitimacy of legal regulation ("Is it OK or not for government to make a law?"), and law violation ("Is it OK or not for people to break the law?") for three socially beneficial laws (a traffic law, a vaccination law, and a law requiring compulsory education for children under 16) and three unjust laws (denial of education to a class of persons, denial of medical care to the poor, and age discrimination). Participants also evaluated the application of laws in conflict scenarios in which a socially beneficial law infringed on individual freedom. Results showed that children considered a number of factors in their judgments, including the perceived justice of the law, its socially beneficial purpose, and its potential for infringement on individual freedoms and rights. The findings showed that children apply moral concepts of harm, rights, and justice to evaluate laws and to inform their judgments of legal compliance.

Age Factors↗
PubMed1987

Health law and mental health law courses in US medical schools.

Results of a recent survey of all 127 medical schools in the United States indicate that about two fifths of medical schools offer a separate course that focuses on topics in medicine and law and a number of medical schools integrate health law topics into other courses. Presumably reflecting concern over temporary medical malpractice litigation, most health law courses include informed consent, medical malpractice, privileged/confidential information, and patients' rights. In contrast, schools that offer a course on psychiatry and law are clearly in a minority. It is elective at all but two of the 13 schools with such a course. Although the hours allotted and the format of these courses vary greatly, courses typically cover most of the topics listed on the questionnaire. Most of the courses are led or co-led by a member of the American Academy of Psychiatry and the Law. Information from two additional surveys suggests two related factors that may influence a medical school to present a separate course on health law. Medical licensing boards were surveyed to determine which states require physicians to be examined on health law. In two states that require physicians to pass a separate medical jurisprudence examination for licensure, all four-year medical schools offer a course on health law for medical students. Medical malpractice companies providing coverage in all 50 states and the District of Columbia were surveyed to determine which states have the highest claim rates. The claim rate per 1,000 physicians insured per year was significantly greater in states with health law courses than was the rate in states without such courses.

Curriculum↗
PubMed2004

Effectiveness of primary enforcement safety belt laws and enhanced enforcement of safety belt laws: a summary of the Guide to Community Preventive Services systematic reviews.

BACKGROUND: The use of safety belts is the single most effective means of reducing fatal and nonfatal injuries in motor-vehicle crashes. This paper summarizes the systematic reviews of two interventions to increase safety belt use: primary enforcement safety belt laws and enhanced enforcement of safety belt laws. The reviews were previously published in the American Journal of Preventive Medicine. METHODS: We conducted the systematic reviews using the methodology developed for the Guide to Community Preventive Services. RESULTS: These reviews provide strong evidence that primary laws are more effective than secondary laws in increasing safety belt use and decreasing fatalities and that enhanced enforcement is effective in increasing safety belt use. Increases in belt use are generally highest in states with low baseline rates of belt use. DISCUSSION: Primary safety belt laws and enhanced enforcement programs tend to result in greater increases in usage rates for target groups with lower baseline rates. Concerns regarding public opposition to these interventions may impede their implementation in some jurisdictions. However, surveys indicate that a substantial majority of the public supports implementation of both primary laws and enhanced enforcement programs. CONCLUSION: Based on the strong evidence for effectiveness of primary safety belt laws and enhanced enforcement programs, the Task Force on Community Preventive Services recommended that all states enact primary safety belt laws and that communities implement enhanced enforcement programs.

Accidents, Traffic↗
PubMed1999

The law and the public's health: a study of infectious disease law in the United States.

Law plays crucial roles in the field of public health, from defining the power and jurisdiction of health agencies, to influencing the social norms that shape individual behavior. Despite its importance, public health law has been neglected. Over a decade ago, the Institute of Medicine issued a report lamenting the state of public health administration, generally, and calling, in particular, for a revision of public health statutes. The Article examines the current state of public health law. To help create the conditions in which people can be healthy, public health law must reflect an understanding of how public health agencies work to promote health, as well as the political and social contexts in which these agencies operate. The authors first discuss three prevailing ways in which the determinants of health are conceptualized, and the political and social problems each model tends to create for public health efforts. The analysis then turns to the core functions of public health, emphasizing how law furthers public health work. The Article reports the results of a fifty-state survey of communicable disease control law, revealing that few states have systematically reformed their laws to reflect contemporary medical and legal developments. The Article concludes with specific guidelines for law reform.

Causality↗
PubMed2000

[Civil and criminal laws regarding the donation, removal and transfer of organs (Transplantation Law) in Germany with respect to administrative and clinical autopsies].

In the Federal Republic of Germany, transplantation medicine, which is relatively young and still developing, is now regulated by the law governing the donation, removal and transfer of organs (Transplantation Law--TPG) of 05. 11. 1997 and has been given a legal basis which satisfies even present-day standards. By evaluating the highly personal rights to potential organ donor and of his next-of-kin against the interests of maintaining life and health of others, the law works along the lines of the so-called extended consent solution. The basic civil law stipulations of sections 3 + 4 TPG, while protecting the donor's individual freedom of decision, give his next-of-kin or trusted confidant at or immediately following death the right to communicate his presumes wishes. In addition, it must be stated that through recent decisions handed down by the Federal Constitutional Court (Bundesverfassungsgericht) in response to various complaints, this regulation has been recognised as conforming to constitutional laws. The basic content of the penal regulations states that violations of civil law rules and trafficking in organs are an offence. Current disclosed requirements for suitable donor organs, in particular for 1998, make it appear likely that the current deficit can be eliminated by the introduction of the organisational measures contained in the law. In conclusion, the situation with regard to autopsy should be addressed since, in contrast to the federal transplantation law which applies to all states, autopsy is regulated differently and, from a legal-political standpoint, unsatisfactorily by each individual state. It is desirable that this legal ambiguity be corrected by standardising the inconsistent and at times non-existent legal stipulations.

Autopsy↗
PubMed2002

Rule of law, law and the health profession. Zimbabwe 2002.

INTRODUCTION: Politically motivated violence around elections in Zimbabwe has been documented before. A fact-finding mission was planned and undertaken two months ahead of the presidential election March 2002. METHODOLOGY: We interviewed and examined persons who alleged exposure to politically motivated torture, ill treatment and other human rights abuses. We assessed the validity of individual statements of torture and ill treatment and assessed existing similarities between histories of individual interviewees, e.g., as to timing of the assault and use of torture instruments to further appraise the validity. We analysed the results of our findings in relation to a newly introduced law restricting civil rights, and to the experiences of disrespect for the rule of law in Zimbabwe. RESULTS: Four men gave accounts of being beaten systematically with barbed wire and electrical cable all over their bodies. The clinical findings were in complete agreement herewith and their histories were mutually consistent. In ten additional interviews, we collected evidence of killing, ill treatment and harassment including robbing of ID cards from torture victims. Apart from losing their vote in the forthcoming election, according to the new law, victims with stolen ID cards will be liable to up to six months imprisonment. According to precedents, perpetrators of election violence and torture can expect impunity. The rule of law and the new law undermines democratic rights and free and fair elections and facilitates election violence including torture. We received statements about interference by the police in the delivery of health care services in hospitals and the new law could impede health professionals in documenting and reporting crimes including torture. CONCLUSION: The rule of law, the law points to the deepest disrespect for democratic and human rights in Zimbabwe. Our findings fit into this pattern. Any election under these conditions cannot be free and fair. Health professionals are hindered in exercising their duties both in terms of offering services and in terms of documentation and surveillance of human rights abuses. The international community should monitor the situation in Zimbabwe and strengthen the sanctions if torture systematically is used against opponents of the government or if the food aid is provided selectively to supporters of the government.

Civil Rights↗
PubMed1998

From mental health law to mental health and welfare law.

In September 1987 in Japan, the Mental Hygiene Law was amended to the Mental Health Law. This Law emphasizes the protection of human rights of the mentally disabled as well as the promotion of their social rehabilitation. In 1993, Mental Health Law was partially revised in the following four areas: (i) social rehabilitation; (ii) special rules for large cities; (iii) definition of the mentally disabled; and (iv) hogogimusha seido. The Japanese Government amended the Mental Health Law to Mental Health and Welfare Law on 1 July 1995. This law is intended to promote the welfare of the mentally disabled.

Humans↗
PubMed2005

The new Italian law on assisted reproduction technology (Law 40/2004).

The Italian parliament passed the law on assisted reproduction after a heated debate. The promulgation of this law (Law 40/2004) is the end point of a long and troubled journey that has seen many bills come and go, all of which have failed. The law consists of a whole set of regulations that will have a great impact on health and on society in general. The law is against many of the technical practices of assisted reproduction; several such practices are banned. This paper outlines ethical and medicolegal issues arising in connection with the law. The law states that no more than three embryos must be created at any one time and all the embryos created must be transferred together even if the couple does not need all the embryos. Embryo cryopreservation is also forbidden, as is assisted reproductive technology (ART), which uses a third party in any way, and the screening of embryos for genetic defects.

Cryopreservation↗
PubMed1992

Europe 1992: conflicts between European law and national health law.

In this article conflicts between European law and national health law are discussed. National laws are no longer immune against the radical changes which are taking place within the European Community. National authorities also are not free to organize health care and develop health laws in their own countries without taking into consideration the consequences of the European legislation. Rules and regulations are needed for the organization and structure of health care, and health law regulations and directives are required. They have to contain stipulations to ensure, in the 'Europe Without Frontiers' expected after 1992, solidarity between the sick and the healthy, among age groups and income groups, in partnerships and regions with great and little demand for and the supply of health care services. For a consistent system of rules and regulations, a synthesis of the principles of European law and the principles of health law is indispensable.

Cross-Cultural Comparison↗