Medicolegal Library – serie

The Medicolegal Library is the first and only series of its kind. Its importance is self-evident. During the last decade, science, especial­ ly medical practice, has become an increasingly complex undertak­ ing. Recent dramatic developments in medicine have given rise to both theoretical controversies and practical dilemmas. Society is struggling with new scientific, economic, cultural, and legal issues. The establishment of a series such as this appears vital for lawyerr; and physicians, for sociologists and psychologists, and for the pub­ lic at large. The editorial board of the Medicolegal Library consists of dis­ tinguish scientists from many different countries and disciplines. Judge Amnon Carmi acts as principal series editor. Judge Carmi is the author of many books and articles on medical law, and is Editor­ in-Chief of Medicine and Law: An International Journal. The Medicolegal Library will issue two books each year. The first four books, soon to be published, will deal with child abuse, eutha­ nasia, disability, and psychiatry laws and ethics. It is the wish and intention of Springer-Verlag that the Medicole­ gal Library play an important role throughout the world in the study and understanding of the field of medicine and law, for the benefit of both professions and of mankind at large. Contents I. The Phenomenon Battering Behavior: One Phenomenon, Many Explanations H.Zimrin. . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . Abusive Versus "Normal" Child-Rearing Practice: A Cross-Cultural Perspective R.A. Eisikovits . . . . . . . . . . . . . . . . . . . .. . . 14 . . . . Abusing Children's Development Potential: The Case of Moral Development Z. Eisikovits and A. Sagi . . . . . . . . . . . . . . . .. . . 21 . . .

The Medicolegal Library is the first and only series of its kind. Its importance is self-evident. During the last decade, science, especial­ ly medical practice, has become an increasingly complex under­ taking. Recent dramatic developments in medicine have given rise to both theoretical controversies and practical dilemmas. Society is struggling with new scientific, economic, cultural, and legal issues. The establishment of a series such as this appears vital for lawyers and physicians, for sociologists and psychologists, and for the pub­ lic at large. The editorial board of the Medicolegal Library consists of dis­ tinguished scientists from many different countries and disciplines. Judge Amnon Carmi acts as principal series editor. Judge Carmi is the author of many books and articles on medical law, and is Editor­ in-Chief of Medicine and Law: An International Journal. The Medicolegal Library will issue two books each year. The first four books, soon to be published, will deal with child abuse, euthanasia, disability, and nursing, laws and ethics. It is the wish and intention of Springer-Verlag that the Medicole­ gal Library play an important role throughout the world in the study and understanding of the field of medicine and law, for the benefit of both professions and of mankind at large. Contents I. Introduction Live Like a King: Die Like a King A.Carmi .............. . 3 II. The Duty to Live and the Right to Die On the Dichotomy of Divinity and Humanity in Jewish Law H. H. Cohn . . . . . . . . . . . . . . . . . . . . .. . . 31 . . . .

The Medicolegal Library is the first and only series of its kind. Its importance is self-evident. During the last decade, science, especial­ ly medical practice, has become an increasingly complex undertak­ ing. Recent dramatic developments in medicine have given rise to both theoretical controversies and practical dilemmas. Society is struggling with new scientific, economic, cultural, and legal issues. The establishment of a series such as this appears vital for lawyers and physicians, for sociologists and psychologists, and for the pub­ lic at large. The editorial board of the Medicolegal Library consists of dis­ tinguished scientists from many different countries and disciplines. Judge Amnon Carmi acts as principal series editor. Judge Carmi is the author of many books and articles on medical law, and is Editor­ in-Chief of Medicine and Law: An International Journal. The Medicolegal Library will issue two books each year. The first four books, soon to be published, will deal with child abuse, euthanasia, disability, and nursing, laws and ethics.

The papers in this section on the legal aspects of nursing can be divided into two parts: (a) the rights and responsibilities of nurses, patients, and the medical system and (b) treatment, with its legal ramifications. How does one decide whether patients' rights or the health professional's rights are to be considered more seriously? Is there an absolute "right" or "wrong"? Since legal rights are sanctioned by constantly changing social and political climates, this may, in effect, diminish the possibility of anything absolute. The question of the "equivalency" of legal and moral rights is also addressed. Due to the prevalent vagueness with regard to bioethical issues as they affect hu­ man and legal rights, often we become absorbed in philosophical polemics without being able to arrive at anyone answer. In order to move beyond the ethical/theoret­ ical fonnulations, there is daily confrontation in the nursing profession -the practi­ cal application of theoretics.

The prostitution of the German psychiatric profession into a Nazi inquisitional tool was a major factor producing the total degradation of German medicine and moral­ ity. Its low point was its psychiatrists killing the patients they were sworn to care for, and its other physicians performing inhuman experiments on patients they were pledged to treat. In America also, psychiatry has been performing some of the functions of an In­ quisition: injuring innocents, both patients and dissenters, and exculpating crimi­ nals, terrorists especially. Innocents are being injured both in and out of psychiatric hospitals. The in­ creased fragmentation of care, the augmentation of its discontinuities, and assign­ ing the responsibility for organizing it to non-medical managers are some of the fac­ tors worsening the treatment results of our hospitals. Wrongful deaths, due largely to the specialty's intoxication with drugs while ignoring the importance of common human decency, have become a national scandal.

G. di Gennaro Abuse of drugs has reached such magnitude that it is regarded by most govern­ ments, scholars, and experts as one of the major problems of present-day society. The highest values of individuals and social groups are strongly attacked or are at risk as a result of the spread of drug abuse. As a consequence, society is deprived of the contribution of many of its members toward the establishment of better condi­ tions of life. On the other hand, considerable portions of the limited resources of so­ ciety are diverted to assist, cure, and rehabilitate drug addicts. The enormous gains derived from illicit traffic in drugs are contributing tremendously to the strengthen­ ing of criminal organizations and the rise of new aggressive criminal syndicates. The financial means of these groups are invested in illegal enterprises which extend the criminals' power to various sectors of the economy. One should recognize that the vast criminal network which is behind this crimi­ nal big business has achieved such strength that it acts as a counter-power. Corrup­ tion, racketeering, oppression, and illicit influences are among the dreadful ele­ ments which unavoidably accompany drug trafficking. The price paid for this by humanity is incommensurate.