医师的注意能力--医师的注意义务系列研究(4)

医师的注意能力是医师认识自己的医疗行为可能产生的后果的能力，认识自己究竟采取怎样的措施才能有效地防止损害结果发生的能力和基于上述认识而采取措施，以避免损害结果发生的能力。考查医师的注意能力应以医疗水准说，同时要考虑到时间、地域、专门化因素。     

Affirmative duties and the limits of self-sacrifice

American criminal law reflects the absence of any general duty of Good Samaritanism. Nonetheless, there are some circumstances in which it imposes affirmative duties to aid others. In those circumstances, however, the duty to aid is canceled whenever aiding subjects the actor to a certain level of risk or sacrifice, a level that can be less than the risk or sacrifice faced by the beneficiary if not aided. In this article, I demonstrate that this approach to limiting affirmative duties to aid encounters the same problem of moral arbitrariness as does a moral catastrophe override of deontological side-constraints.     

医师注意义务的履行--医师的注意义务系列研究(3)

医师注意义务的履行是指医师依据法律、法规、规章制度和具体操作规程以及职务和业务上的习惯和常理、接受期约或委托所要求的注意义务，付出一定的努力，尽到对患者合理而充分的注意。就医师注意义务的履行的内容而言．包括医师在医疗行为时，应时刻保持注意力的紧张、集中，预见到自己的医疗行为可能产生的后果；在预见到自己的医疗行为可能会造成损害结果之后，注意采取切实可行的措施以避免损害的发生。     

医师的注意能力--医师的注意义务系列研究(4)

医师的注意能力是医师认识自己的医疗行为可能产生的后果的能力,认识自己究竟采取怎样的措施才能有效地防止损害结果发生的能力和基于上述认识而采取措施,以避免损害结果发生的能力.考查医师的注意能力应以医疗水准说,同时要考虑到时间、地域、专门化因素.     

Legal duties of psychiatric patients

Psychiatric practice involves an implied contract in which each party fulfills a specialized role and incurs corresponding duties and obligations to be discharged as best able. Patients incur duties at three levels. First are specific duties that arise from patients' specialized role in their own health care: (1) to provide accurate and complete information, and (2) to cooperate with treatment within the bounds of informed consent. Second are general duties that apply to all citizens, but are especially relevant within the mental health context: (1) to respect the physical integrity of self, others, and property, and (2) to obey the law. The controversial "duty to protect" is at a third level, a transcendent duty that is specific to the context at hand, but in principle can apply to more than one party. Advantages of enforcing patients' duties include better care by treating professionals, optimum level of functioning of patients, and improved systems-wide morale and safety. Breach of patients' duty has many potential consequences in the forensic sphere: termination of care, malpractice defense, criminal prosecution, and tort liability. Complicating factors include the degree and effect of patients' psychiatric impairment, patients' legal status, and the role played by psychotherapeutic transference.     

医师注意义务的履行--医师的注意义务系列研究(3)

医师注意义务的履行是指医师依据法律、法规、规章制度和具体操作规程以及职务和业务上的习惯和常理、接受期约或委托所要求的注意义务,付出一定的努力,尽到对患者合理而充分的注意.就医师注意义务的履行的内容而言,包括医师在医疗行为时,应时刻保持注意力的紧张、集中,预见到自己的医疗行为可能产生的后果;在预见到自己的医疗行为可能会造成损害结果之后,注意采取切实可行的措施以避免损害的发生.     

Moral duties,compliance and polycentric climate governance

International Environmental Agreements: Politics, Law and Economics - Contributions to the climate governance literature have highlighted the importance of recognizing its new polycentric nature,...     

医师注意义务产生的渊源--医师的注意义务系列研究(2)

医师注意义务的渊源既要考虑切实保护患者的利益，又要考虑将注意义务限定在合理的范围之内。医师注意义务的渊源应包括法律、法规、规章制度和具体操作规程，以及职务和业务上的习惯和常理、接受期约或委托所要求的注意义务。     

医师注意义务产生的渊源--医师的注意义务系列研究(2)

医师注意义务的渊源既要考虑切实保护患者的利益,又要考虑将注意义务限定在合理的范围之内.医师注意义务的渊源应包括法律、法规、规章制度和具体操作规程,以及职务和业务上的习惯和常理、接受期约或委托所要求的注意义务.     

Water rights and correlative duties in New South Wales

This article discovers how the development of water rights in New South Wales might have been changed. This is important because, one publicly listed company has amassed ownership of water rights, while using no water and owning no land. Some rivers have ceased flowing after the building of privately owned dams. The article identifies five signifant judicial changes to the law, decoupling water rights from correlative duties. Its research paradigm is meta-legal historiography, because it occurs as historical significations, so that the research methodology is legal narrative analysis. Discussion favors a review of industrial priorities in water rights.     

行政不作为与行政不履行法定职责辨析

行政不作为与行政不履行法定职责一直以来都被作为相同的行为对待,但两者在含义、构成等方面均存在差异.行政法治的建设要求对两种行为应当重新进行认识,准确界定行政不作为与行政不履行法定职责,精确分析行政不作为与行政不履行法定职责的含义以及它们的构成,区别对待,以切实保障行政相对人的合法权益.     

Clashing conceptions of press duties: Public journalists and the courts

This article bridges the growing, but controversial, public journalism movement with First Amendment jurisprudence and libel law. It examines whether the movement finds support in laws that affect the press and, in particular, in court‐created defenses and privileges that protect journalists in modern defamation law. Do defenses that safeguard journalists in their traditional routines as fact gatherers and reporters also protect them in the kinds of roles and duties envisioned by public journalism advocates? Furthermore, has the United States Supreme Court, in non‐defamation cases involving the First Amendment, expressed concern for protecting what might be called the “public journalism functions” of the press? Does the Court create a different image for the press than the one envisioned by public journalism advocates? This article addresses these questions. It ultimately concludes that public journalists and courts have two very different conceptions about the role that journalists play in a democracy.     

Austrian private foundations: directors' duties and liabilities under close scrutiny

The main purpose of this article is to make foreign citizensaware of the often unexpected exposures to liability when actingas a board member of an Austrian foundation.     

Dangerous patients and duties to warn: a European human rights perspective

The recent case of David Bradley, who shot and killed four members of his family after telling his doctor he 'wanted to kill someone', has raised the question of whether a healthcare professional could ever be held liable for failing to take steps to constrain a potentially dangerous patient. Until recently, it was considered that the United Kingdom courts would be reluctant to impose a duty to protect third parties. However, the European Court of Human Rights' decision in Osman v UK--while not directly concerning healthcare professionals--has opened the door for just such a duty. When this duty will arise, and how it can be discharged, remain challenging questions. Furthermore, healthcare professionals face the unenviable task of balancing competing duties, in which the rights--and safety--of their patients must also be borne in mind.     

Fiduciary duties of interlocking directors within a nonprofit health system

In response to regulatory and financial pressures, entities participating in the healthcare industry have joined with others in order to maintain, even improve, their market positions. In the non-profit sector of the industry, partnerships, mergers, and acquisitions have included arrangements whereby some corporate partners have interlocking directors. After review of the fiduciary duties of care and loyalty owed by corporate board members, and their application to traditional performance and conflict of interest situations, the authors address two scenarios raising interlocking director issues.     

Directors’ duties under the 2019 Companies Act of Ghana

The scope of directors’ duties forms perhaps the most important part of corporate governance. This paper considers the trajectory of the regulation of directors’ duties under Ghanaian company law from the Companies Act, 1963 (Act 179) to the Companies Act, 2019 (Act 992). Using the 2017 to 2019 financial institutions’ insolvencies in Ghana as a backdrop, it considers whether the scope, formulation and structure of directors’ duties within the new legislation is capable of promoting corporately-beneficial director behaviour. It also discusses whether the framework is apt to deal with similar lapses in corporate governance marked by reckless and opportunistic director behaviour. It discovers that Act 992 places a greater reliance on specific rules while retaining the largely principles-based regulatory technique adopted for regulating director conduct under Act 179. The overall tenor of the framework of directors’ duties under the new Act points to a firmer legislative view of the serious consequences of reckless director conduct. The paper concludes that the language of the framework regulating director conduct is capable of promoting corporately beneficially director behaviour and is also apt to deal with the kind of lapses in corporate governance which led to mass financial sector insolvencies in Ghana.