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The life of a judge. Episode 12: The good part, the bad part

In the surgeon’s sanctuary

Fate didn’t spare me and forced me to find realities which I would have rather preferred to ignore.As a patient, I confronted various philosophical and practical approaches of the medical act.I came to several simple conclusions, although they are not original. These are:
– the patient’s fate between life and death is in the doctor’s hands
– the only assurance which the patient can get is the doctor’s conscience.

The latter usually acts under the constraints of limited time and on the basis of a limited knowledge. People look at him/her as to the person who proceeds optimally despite all the uncertainty and risk that are inherent in this profession.

I plead for a better agreement between the medical and judicial field, based on mutual trust and recognition.

These ideas have materialized in the book “The Health Right – the common front of the doctor and lawyer”, published at the Wolters-Kluwer publishing house in 2010. Also now, from all the books, I consider that this is one of the best because it is an erudition parade and a good example of density of ideas, due to its generous theme but also to the creativity level that I reached.Unfortunately, the book is unknown among the patients and is ignored by the doctors because, it seems I took it far ahead its time, but also because the prejudices with which we still struggle in the doctor-patient relationship is resumed to the impression that it is not a good thing to displease the doctors.Even so, we don’t have to treat everybody in the same way.There are many wise minds also among the doctors who will agree with my ideas after they will find time to know them.

Index Librorum Prohibitorum Redivivus?

This is how the force methods, which are similar to those from Middle Ages, are used in order to impose the interdiction to pronounce the odious name of “commercial right”.Involuntarily, the association with Index Librorum Prohibitorum is made possible, but only after 1966 when the Catholic Church has quit this index.

Probably, those who imposed the interdiction, using the influence of those who were temporarily leading the country, have forgotten that the objective laws of nature, society and thought cannot be suppressed through a government case.Again, it is possible that the interdiction regarded the possibility that lawyers specialized in the commercial right to consider that the profound reform of the civil right realized by the New Civil Code, does not concern them, and to ignore the radical and monumental reform of the Civil Right.If this was the justification, the toil is worthwhile.Not even under the Old Civil Code of 1865, a “commercialist” was not allowed to know the civil right very well.I wanted to show through deeds this truth and my commentary on the New Civil code texts regarding the obligations was awarded by the Romanian Lawyers Union on 19th December 2011 with the “Mihail Eliescu” prize.

Therefore, a civil right prize for a civil right book, awarded to a commercialist of repute.

In the following year, 2012, STOICA & Asociații awarded me with Certificate of Excellence.

Although there are already two years since I changed my age prefix, I can’t help continuing to write, aware that I will still receive thrusts, one or two.Here, I agree with the scholar Philon from Alexandria, who in the Legum Allegoriae Opera (Greek-French bilingual edition published by the University of Lyon, with the National Center of Scientific Research,  édition du Cerf , 1962, edition supervised by Claude Mondesert) assigns magical significances to the seventh digit:there are seven planets, The Waggoner constellation has seven stars (no reference to Cognac), the human body has seven viscera, it has seven limbs, seven cavities and seven secretions. We cannot omit mentioning that the German bear drinker thinks that three is the magical number (”alles gut is drei”) and the French agrees it (”le ménage à trois”).

:: The source: JURIDICE.ro

PhD. Ion TURCU
retired magistrate

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