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The generally accepted interpretation of the evolution of commitment law in the nineteenth century is challenged by means of an historical investigation of the law's development in a single state—Pennsylvania. Rather than an abrupt switch from relaxed commitment procedures to a system of stringent safeguards, which most historical accounts of the period describe, examination reveals that Pennsylvania law underwent a slow accretion of procedural protections, with the essential discretionary role of families, friends, and physicians left undisturbed. The implications for current policy of this challenge to the traditional account are discussed.  相似文献   

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21世纪与中国民法的发展   总被引:6,自引:0,他引:6  
20世纪已经逝去.人类已跨入新的充满希望的21世纪.  相似文献   

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This article describes the new Law on the removal, storage and transplantation of cells, tissues and organs of July 1, 2005, which entered into force on January 1, 2006.  相似文献   

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This study challenges the traditional idealistic interpretation that the movement for reforming the criminal law in early nineteenth century England was generated by the enlightened doctrines of Jeremy Bentham. Historical evidence is presented that suggests that even without Bentham a new penal policy would have emerged. Parliament mitigated the severity of the criminal law largely in response to the business community, which demanded more swiftness and certainty in the conviction of property offenders.  相似文献   

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Mental health law traditionally focuses on preserving the civil and constitutional rights of people labeled mentally ill. However, because of fundamental changes in the public mental health system. most people labeled mentally ill no longer reside in state psychiatric hospitals. As a result, the core policy issue in mental health today is assuring access to community based services, supports, and housing which enable people to live successfully in the community. Because of this different environment, the definition and scope of mental health law must be expanded dramatically if those interested in the subject are to continue to influence mental health policy. This article examines five contemporary mental health policy issues, including changes in reimbursement systems and the growth of the consumer and family movements, that illustrate the legal, policy, and research questions which will emerge in an expanded and redefined mental health law agenda. The author thanks Ingo Keilitz, Thomas Hafemeister, and Pamela Casey for their review of earlier drafts of this article.  相似文献   

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The developments and applications in human biotechnology make us face deep social dilemmas, social and ethical, that are associated to the possibility of altering our evolutionary and cultural development, thereby renouncing to the principle of Humanity. From a sociological perspective, this text reflects on this matters taking into account how its past and present has shaped a specific operational matrix that is projected towards the future. We shall offer all the public perceptions held on their possibilities in Spain and in the European nations as every advance in scientific and technological matters must take into account the opinion of the citizenry. Finally, there are some final reflections that rather than close the debate leave some questions unanswered. The future should be constructed through dialogue and consensus in a matter of such importance.  相似文献   

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This article highlights recent developments in health law in Switzerland. It covers statutory developments in health care insurance, sterilisation and genetic testing, and cases, one dealing with the reimbursement of medicines and another one on the limitation of the number of physicians reimbursed by the compulsory scheme of health insurance.  相似文献   

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