The past, present and future of mental health law: a therapeutic jurisprudence analysis

This article uses a therapeutic jurisprudence perspective to review the evolution of mental health law in the Western world by examining developments at various stages in history, in particular the 20th century. It suggests that one of the major challenges for the future, from a therapeutic jurisprudence perspective, will be to help minimise the stigma, prejudice and discrimination associated with mental health law. The article concludes with the suggestion that the question of whether mental health law itself, because it contributes to discrimination against mentally disordered people, may be anti-therapeutic requires more investigation and consideration.     

On the integration of public law jurisprudence

After two to three hundred years of development, modern public laws have become more and more important, mature and integrated especially since the 20^th century. Traditionally, the dispersive and overlapping public law researches were grounded on the sectional public laws like constitutional law, administrative law, criminal law, procedural law, international public law, etc. Nevertheless, with all-around emergence of public law, the traditional research method can no longer adapt to the development needs of the modern public law. Therefore, it is quite necessary for us to create a kind of moderate unified public law between the laws and the sectional public laws, so as to do comprehensive, integrated and systematic researches on various sectional public laws. Based on the indepth argumentation about the necessity of developing unified public laws, this paper further puts forward that, to discuss an all-encompassing way about the main problems of creating the unified public laws and expect to fill the gap with it, the unified public law should define its study objectives mainly focused on the contents of integrated public law criteria, common public law features and general public law rules and so on; form its theoretical basis on the line of the relations between public power and the citizen privilege; establish its category structure found on the concept of public power and the derivative core and basic categories; and build up the disciplinary system based on the systematic integrity of the public law research results.     

16-19世纪大陆法学对英国法律思想的影响

1600年至1900年的300年间,大陆法律对英国法律思想的影响可以分为三个时期:拉丁语时期、法语时期和德语时期.17世纪及18世纪初期,来自大陆法系的影响主要反映在有关罗马法和自然法--在当时不可能对二者加以截然区分--的拉丁语作品上;18世纪的绝大部分以及19世纪的最初四分之一时期,法语著作的影响占据了支配地位;19世纪的另外四分之三时期基本上处在德语著述的影响之下.     

当代法学教育的法理学透视

法学教育是高等教育的重要组成部分,它是以传授法律知识、训练法律思维、培养合格法律专业人才为内容的教育活动.①法学教育作为传承、创造人类法律文明的社会活动,是在社会的经济、政治、文化的共振下生成与进步的,也是在影响社会的进程中完善与发展的.因此,研究法学教育首先应把着眼点放置于法学教育与社会发展的宏观层面,从法学教育与人类发展的互动关系中探寻法学教育发展的规律,从而为当代法学教育模式的型塑提供理论动力.受法律事业本身属性的影响,法学教育与社会的政治、经济、文化、科技等诸多方面有着密切的联系.法学教育的水平、发展趋势是社会综合因素作用的结果.本文试图从法学教育与知识经济、法治建设、可持续发展、全球化等的互动影响中,探讨、研究法学教育发展的规律及未来走向.     

“The ladder of the law has no top and no bottom”: How therapeutic jurisprudence can give life to international human rights

In the past two decades, therapeutic jurisprudence (TJ) has become one of the most important theoretical approaches to the law. But, there has, as of yet, been puzzlingly little written about the relationship between TJ and international human rights law. To be sure, there has been some preliminary and exploratory work on the relationship between TJ and international law in general, but virtually nothing on its relationship to international human rights law in a mental disability law context. This paper seeks to focus on this lack of consideration, to speculate as to why that might be, and to offer some suggestions as to how to infuse some new vitality and vigor into this important area of law and social policy.     

Building a new paradigm in law education in term of upholding the rule of law in Indonesia through clinical study

Clinical legal education or CLE is known long enough in Indonesia by establishing Legal Aid Body named Lembaga Bantuan Hukum （LBH）, which aimed to train and prepare student to work in the real world especially in contributing and supporting marginal people （low-income people）. This mission was in line with the rule of law principle, which has characteristic values of supremacy of law, equality before the law, and due process of law. Recently, CLE is linking practical experience and legal theories to provide students with comprehensive understanding of legal aid and its goals, in particular, the implementation of the rule of law in Indonesia.     

电视腹腔镜胆囊切除术引起诉讼1例分析

案情简介原告杜×× ,女 ,36岁。因反复阵发性右上腹疼痛 3月 ,于 2 0 0 0年 2月 2 2日入住×医院外科 ,经检查诊断为“结石性胆囊炎 ,胆道蛔虫伴感染”。入院后予以抗炎解痉等治疗 ,5日后即 2 0 0 0年 2月 2 8日上午在持续硬膜外麻醉下行电视腹腔镜胆囊切除术 ,胆囊管和胆囊动脉分别上钛夹 3个。术后第二天患者出现发烧、黄疸 ;术后第四日 ,即 3月 3日腹腔穿刺抽出胆汁样液体 ,同日B超检查示腹腔有渗液 ,疑胆总管下段有结石 ,乃于下午 5时在持硬麻下行剖腹探查术 ,术中发现胆囊管断端的钛夹滑脱 ,腹腔内有胆汁性渗液 5 0 0～ 80 0ml,胆总…     

电视腹腔镜胆囊切除术引起诉讼1例分析

案情简介 原告杜××,女,36岁.因反复阵发性右上腹疼痛3月,于2000年2月22日入住×医院外科, 经检查诊断为"结石性胆囊炎,胆道蛔虫伴感染".入院后予以抗炎解痉等治疗,5日后即2 000年2月28日上午在持续硬膜外麻醉下行电视腹腔镜胆囊切除术,胆囊管和胆囊动脉分别上钛夹3个.     

Paths toward reclamation: therapeutic jurisprudence and the regulation of medical practitioners

Much about what used to be termed "disciplinary" investigations and hearings is being revisited in the modern era. Therapeutic jurisprudence enables informed and sensitive awareness to potentially therapeutic and counter-therapeutic effects of both investigations and hearings conducted by medical regulatory authorities. This article analyses key aspects of authorities' processes from the perspective of notifiers/complainants and practitioners. Using developments at the Victorian Medical Practitioners Board as a base, it addresses issues of both investigative procedures and decision-making at formal and informal hearings, as well as the ramifications of re-hearings for the integrity of peer review informed regulation. It argues that where reclamation of practitioners is possible (namely where impropriety is not of the most serious order), there is much that is constructive about a focus upon enhancement of performance and competence levels, rather than the traditional preoccupation with whether registered status needs to be affected as a result of practitioner conduct.