POJĘCIE ZAWODÓW MEDYCZNYCH W ŚWIETLE PRAWA I DOKTRYNY PRAWNICZEJ
Wydział Prawa i Administracji UAM
THE NOTION OF MEDICAL PROFESSIONS IN THE LIGHT OF THE LAW AND LEGAL DOCTRINE
In the introduction to her article the Author indicates the way in which such a notion as „a profession” is being defined on the ground of sociology - because the determination made by sociologists in this respect serves mainly as a reference point to the lawyers. It comes out of the definition that a profession means a complex of the activities separated within the framework o f social labour division, this complex - being done constantly by a person (or, at least - relatively constantly) - provides this person with necessary means of maintenance but needs in the same time a possession by such a person of respective corresponding qualifications. All four fundamental elements met in the above definition (i.e. 1/ a complex of activities, 2/ frequency of performing, 3/ task to be achieved, 4/ anterior preparations) are subsequently discussed by the Author with an indication how are they presented in the provisions of the presently binding law on medical services (i.e. the law on a profession of a physician, law on pharmaceutical chambers, law on professions of a nurse and a midwife, law on a profession of a veterinary surgeon and on veterinary chambers, and so on). The article discusses next a notion of a „learned professions”; the Author cites some of the definitions and criterions of such an isolated position of „the professions”. The opinions of many eminent experts are hare cited and corresponding legislative acts referred to by the Author. The article ends with a discussion of specificity of medical professions and the difficulties encountered in possibly precise isolating of these professions among other occupations.
Ruch Prawniczy, Ekonomiczny i Socjologiczny 63, 2001, z. 1-2, s. 27-50