First instance of the Operation of the new Lunacy Act

1890 ◽  
Vol 36 (152) ◽  
pp. 81-81
Keyword(s):  
Medical Practitioner ◽  
Lunatic Asylum ◽  
Good Faith ◽  
Reasonable Care ◽  
Reasonable Ground

We record with sincere, although not with unmixed satisfaction, the action of “Toogood v. Wilkes,” in the Queen's Bench Division. The plaintiff, Mr. William Toogood, of Southampton, had brought an action against Mr. W. D. Wilkes, a medical practitioner of Salisbury, to recover damages for “injury to the plaintiff from the defendant's negligence, as a medical man, and for damages for injury to the plaintiff by reason of the defendant having negligently and wrongfully signed a certificate of the plaintiff's insanity, whereby he was detained in a lunatic asylum.” The defendant's solicitor (Mr. George Smith), acting under the 12th section of the new Act (52 and 53 Vic., cap. 41, sec. 12*), issued a summons to show cause why the action should not be stayed. The summons, which was returnable on the 4th of November before one of the masters, was referred to Mr. Justice Field, before whom the case was argued on November 15 and 18. The judge decided that the onus lay upon the defendant (Wilkes) to satisfy him that there was not reasonable ground for alleging there was want of good faith or reasonable care. Counsel therefore opened the case on behalf of the defendant. Mr. Justice Field, in giving judgment, held that the defendant (Wilkes) had made out that there was no want of good faith or reasonable care on his part in giving his lunacy certificate. The action was therefore stayed.

Protection of Medical Men by the English Lunacy Law

1892 ◽  
Vol 38 (160) ◽  
pp. 51-54
Author(s):  
A. Wood Renton
Keyword(s):  
Good Faith ◽  
Judicial Interpretation ◽  
High Court ◽  
Reasonable Care ◽  
Reasonable Ground ◽  
False Imprisonment

In the preceding part of this paper we considered what may be called the substantive provisions of section 330 of the Lunacy Act, 1890. We now pass on to the adjective part of the section. Suppose that a medical man, against whom an action for damages for the alleged false imprisonment of an alleged lunatic has been raised, is in a position to satisfy the Court or a Judge that “there is no reasonable ground” for imputing to him “want of good faith or reasonable care,” when and how shall he avail himself of his statutory privilege? Upon these important points section 330 displays the vagueness that is almost a characteristic of modern legislation. The only information that it gives us is that an application to stay proceedings may be made “summarily” (a term of which no definition is offered or even suggested) to “the High Court,” and that “the Court or a Judge” may grant or refuse the application “upon such terms as to costs or otherwise” as the said Court or Judge may think fit. Now, in the absence both of any clear light from the section itself and of any authoritative judicial interpretation of it, the maxim Omnis definitio in jure periculosa est applies with peculiar force, and consequently the following observations are offered with some hesitation.

The Necessity of Insanity as a Branch of Medical Education

1859 ◽  
Vol 5 (30) ◽  
pp. 573-575
Author(s):  
Robt. Boyd
Keyword(s):  
Medical Education ◽  
Medical Practitioner ◽  
Lunatic Asylum ◽  
Medical Certificate ◽  
The Public ◽  
Lunatic Asylums ◽  
Proper Subject ◽  
The Right ◽  
And Control

The last Public Lunatic Asylum Act, 16 and 17, Vict., c. 97, passed in 1853, “For the regulation of those institutions, and for the admission &c. of pauper lunatics, wandering lunatics, whether paupers or not; or lunatics, not paupers, not wandering, and who are not under proper care and control; and also lunatics who are cruelly treated or neglected by any person having charge of them, further provides for the medical visitation in every quarter ending with March, June, September, and December, of pauper lunatics and idiots who are not in any asylum or house licensed for the reception of lunatics.” In the New Lunatic Asylums Bill, introduced this Session, by the Right Hon. Mr. Walpole, there is but one amendment affecting the public portion, which has relation to the medical certificate. The medical practitioner who is called by order of a justice to examine a supposed lunatic, is to certify not only that the person is of unsound mind or an idiot, but that he is also a proper subject to be taken charge of in the asylum, and he must also give his reasons for coming to such conclusion; firstly, from facts which he has observed himself; and, secondly, from facts communicated to him by others. These are usually the causes which have led to the inquiry of insanity, and it is of the greatest importance that he should make no confusion between those two classes of facts; he should give an account of every thing that is material in the certificate.

The Necessity of Insanity as a Branch of Medical Education

1859 ◽  
Vol 5 (30) ◽  
pp. 573-575
Author(s):  
Robt. Boyd
Keyword(s):  
Medical Education ◽  
Medical Practitioner ◽  
Lunatic Asylum ◽  
Medical Certificate ◽  
The Public ◽  
Lunatic Asylums ◽  
Proper Subject ◽  
The Right ◽  
And Control

The last Public Lunatic Asylum Act, 16 and 17, Vict., c. 97, passed in 1853, “For the regulation of those institutions, and for the admission &c. of pauper lunatics, wandering lunatics, whether paupers or not; or lunatics, not paupers, not wandering, and who are not under proper care and control; and also lunatics who are cruelly treated or neglected by any person having charge of them, further provides for the medical visitation in every quarter ending with March, June, September, and December, of pauper lunatics and idiots who are not in any asylum or house licensed for the reception of lunatics.” In the New Lunatic Asylums Bill, introduced this Session, by the Right Hon. Mr. Walpole, there is but one amendment affecting the public portion, which has relation to the medical certificate. The medical practitioner who is called by order of a justice to examine a supposed lunatic, is to certify not only that the person is of unsound mind or an idiot, but that he is also a proper subject to be taken charge of in the asylum, and he must also give his reasons for coming to such conclusion; firstly, from facts which he has observed himself; and, secondly, from facts communicated to him by others. These are usually the causes which have led to the inquiry of insanity, and it is of the greatest importance that he should make no confusion between those two classes of facts; he should give an account of every thing that is material in the certificate.

“Irony and Charity Are Met Together”: A Puzzle in Margaret Roper’s Letter to Alice Alington

Moreana ◽  
2009 ◽  
Vol 46 (Number 176) (1) ◽  
pp. 65-76
Author(s):  
Joshua Avery
Keyword(s):  
Good Faith ◽  
Platonic Dialogue

This study draws upon the Platonic dialogue tradition as a background for interpreting the conversation between More and his daughter Margaret Roper, as depicted in Margaret’s letter to Alice Alington. With an eye to the famously ironic Socrates, this article will propose the interpretation of a puzzling statement regarding More’s apparent good faith in the sincerity of others who have reversed their positions regarding the problematic oath. Is More expressing ironic distance or straightforward charity in his ambiguous language? The argument is that More, utilizing his legal and literary skills, carefully crafts a rhetoric that paradoxically joins remarkable charity with worldly-wise irony.

Cottle's Bristol Album, ‘Evening’ and the ‘Insane Man at Dr Fox's’

Romanticism ◽  
2017 ◽  
Vol 23 (1) ◽  
pp. 15-26
Author(s):  
Paul Cheshire
Keyword(s):  
Mentally Ill ◽  
Medical Practitioner ◽  
Leading Role ◽  
Circle Of Friends ◽  
Edward Long

Joseph Cottle started his Bristol Album in 1795, recognizing the promise of his new circle of friends. Among those who contributed poems to this album were Southey, Coleridge, Wordsworth, William Gilbert, Dr Beddoes, and the anonymous author of a poem ‘Evening’, described in the album as ‘Written by an Insane Man at Dr Fox's’. ‘Evening’ appears in the album immediately before a contribution in Coleridge's hand, and it has a number of verbal parallels with ‘The Eolian Harp’, which Coleridge was to start two months later. Dr Edward Long Fox, who in 1795 played a leading role in Bristol's radical community, was a medical practitioner who treated the mentally ill. This paper looks at how the poem was transmitted from the privacy of Fox's asylum to the pages of Cottle's album, and assesses its significance for that early Romantic writing circle.

Adaptasi Alat Ukur Kepuasan Kerja Untuk Tenaga K esehatan di Indonesia

PRAXIS ◽  
2019 ◽  
Vol 2 (1) ◽  
pp. 107
Author(s):  
Widawati Hapsari
Keyword(s):  
Job Satisfaction ◽  
Factor Analysis ◽  
Confirmatory Factor Analysis ◽  
Medical Practitioner ◽  
Organizational Setting ◽  
Medical Field ◽  
Satisfaction Scale ◽  
Confirmatory Factor ◽  
Bahasa Indonesia

Abstract Job satisfaction has been an important topic of focus in the organizational setting for the last few decades. This research aims to validate job satisfaction scale in medical practitioner population. The 10 items in this scale consist of 4 extrinsic facet items and 5 intrinsic facet items. This intrument was adapted into Bahasa Indonesia as suggested by Beaton, et al. (2000) and analyzed using confirmatory factor analysis. The study conducted among 287 participants working in the medical field. The study showed that the reliability of intrinsic facet is .811 and extrinsic facet .729. Further analysis found that there is correlation between intrinsic and extrinsic job satisfaction. This study concluded that the job satisfaction scale used in this study is valid and reliable to be applied in medical practitioner in Indonesia. Abstrak Alat ukur kepuasan kerja telah digunakan di berbagai bidang pekerjaan termasuk kesehatan. Sayangnya di Indonesia penelitian mengenai alat ukur ini sendiri masih sangat terbatas, terutama mengenai konstruk kepuasan kerja dengan subjek khusus tenaga kesehatan. Penelitian ini bertujuan untuk mengadaptasi skala kepuasan kerja untuk tenaga kesehatan dari Hills, Joyce dan Humphreys (2012) ke dalam bahasa Indonesia. Proses penerjemahan berdasarkan langkah-langkah yang disarankan oleh Beaton, dkk. (2000). Alat ukur kepuasan kerja yang digunakan terbagi menjadi dua berdasarkan sumbernya, yaitu ekstrinsik dan intrinsik, dengan total 10 aitem. Peserta yang terlibat dalam penelitian ini sebanyak 287 responden. Berdasarkan hasil uji reliabilitas didapatkan koefisien alfa sebesar .811 untuk kepuasan kerja yang bersifat intrinsik dan .729 untuk kepuasan kerja yang bersifat ekstrinsik. Berdasarkan hasil uji validitas dengan teknik faktor analisis dan uji reliabilitas, dapat disimpulkan bahwa alat ukur ini cukup valid dan reliabel untuk diterapkan di Indonesia. Berdasarkan analisis tambahan yang dilakukan, ditemukan hubungan antara sumber kepuasan kerja yang bersifat intrinsik dan ekstrinsik

Non-Signatories in International Commercial Arbitration: Contesting the Myth of Consent

2018 ◽  
Vol 18 (2) ◽  
pp. 59-84
Author(s):  
Slavomír Halla
Keyword(s):  
Case Law ◽  
Good Faith ◽  
Mutual Understanding ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Starting Point ◽  
Professional Audience

Abstract Consent, the final frontier. International commercial arbitration is a dis­pute resolution mechanism embedded in consent of the parties involved. Presentation of such a mutual understanding is done through an arbitration agreement. However, the aim of this paper is to analyse whether its contractual, indeed consensual, nature is the only element which the courts use to identify the subjects who may compel or must be compelled to arbitrate disputes, or whether they employ other considerations as well. The paper will focus on extension doctrines which might be less known even to a professional audience: piercing of the corporate veil, estoppel & group of companies. A review of selected case law leads to a conclusion that consent-finding analysis is defi­nitely a starting point of any analysis. However, at the same time courts and arbitrators do indeed use tools of contract interpretation and the ones based on equity or good faith considerations to establish, and exceptionally force, the implication of consent far beyond what is obvious.

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