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Calcagno & Associates

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Staten Island, NY, 10314
Phone: 1-800-WE-FIGHT
             (718) 568-3585


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Battery Place
New York, NY, 10004
Phone: (800) 933-4448

Grand Concourse Bronx, NY, 10451 Phone: (718) 933-4448

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ladder


Fire protection is the study and practice of mitigating the unwanted effects of fires [ 1 ] . It involves the study of the behaviour, compartmentalisation , suppression and investigation of fire and its related emergencies, as well as the research and development, production, testing and application of mitigating systems . In structures, be they land-based, offshore or even ships, the owners and operators are responsible to maintain their facilities in accordance with a design-basis that is rooted in laws, including the local building code and fire code, which are enforced by the Authority Having Jurisdiction . Buildings must be constructed in accordance with the version of the building code that is in effect when an application for a building permit is made. Building inspectors check on compliance of a building under construction with the building code. Once construction is complete, a building must be maintained in accordance with the current fire code, which is enforced by the fire prevention officers of a local fire department. In the event of fire emergencies, Firefighters , fire investigators, and other fire prevention personnel called to mitigate, investigate and learn from the damage of a fire . Lessons learned from fires are applied to the authoring of both building codes and fire codes.
In the United States, this term is used by engineers and code officials when referring only to active and passive fire protection systems, and does usually not encompass fire detection systems such as fire alarms or smoke detection .




Contents


1 Goals
2 Classifying fires
3 Components
4 Balanced Approach
5 Building Operation in conformance with Design
6 Notes
7 For Further Reading
8 See also
9 External links





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Goals
Fire protection has three major goals:

Continuity of operations - on a public scale, this is intended to prevent the interruption of critical services necessary for the public welfare (e.g., a 911 emergency call center).
Property protection - on a public scale, this is intended to prevent area wide conflagrations. At an individual building level, this is typically an insurance consideration (e.g., a requirement for financing), or a regulatory requirement.
Life safety - the minimum standard used in fire and building codes

Classifying fires
When deciding on what fire protection is appropriate for any given situation, it is important to assess the types of fire hazard that may be faced.
Some jurisdictions operate systems of classifying fires using code letters. Whilst these may agree on some classifications, they also vary. Below is a table showing the standard operated in Europe and Australia against the system used in the United States.


Type of Fire
Australia
European
North America


Fires that involve flammable solids such as wood , cloth , rubber , paper , and some types of plastics .
Class A
Class A
Class A


Fires that involve flammable liquids or liquefiable solids such as petrol/gasoline , oil , paint , some waxes & plastics, but not cooking fats or oils
Class B
Class B
Class B


Fires that involve flammable gases , such as natural gas , hydrogen , propane , butane
Class C
Class C


Fires that involve combustible metals , such as sodium , magnesium , and potassium
Class D
Class D
Class D


Fires that involve any of the materials found in Class A and B fires, but with the introduction of an electrical appliances, wiring, or other electrically energized objects in the vicinity of the fire, with a resultant electrical shock risk if a conductive agent is used to control the fire
Class E
(Class E) now no longer in the European standards
Class C


Fires involving cooking fats and oils. The high temperature of the oils when on fire far exceeds that of other flammable liquids making normal extinguishing agents ineffective.
Class F
Class F
Class K


Fires are sometimes categorized as "one alarm", "two alarm", "three alarm" (or higher) fires. There is no standard definition for what this means quantifiably, though it always refers to the level response by the local authorities. In some cities, the numeric rating refers to the number of fire stations that have been summoned to the fire. In others, the number counts the number of "dispatches" for additional personnel and equipment. [1] [2]
Components
Structural fire protection (in land-based buildings , offshore construction or onboard ships ) is typically achieved via three means:

Passive fire protection (use of integral, fire-resistance rated wall and floor assemblies that are used to form fire compartments intended to limit the spread of fire , or occupancy separations, or firewalls , to keep fires, high temperatures and flue gases within the fire compartment of origin, thus enabling firefighting and evacuation)
Active fire protection (manual and automatic detection and suppression of fires, as in using and installing a Fire Sprinkler system or finding the fire ( Fire alarm ) and/or extinguishing it)
Education (ensuring that building owners and operators have copies and a working understanding of the applicable building and fire codes, having a purpose-designed fire safety plan and ensuring that building occupants, operators and emergency personnel know the building , its means of Active fire protection and Passive fire protection , its weak spots and strengths to ensure the highest possible level of safety)

Balanced Approach
Passive fire protection (PFP) in the form of compartmentalisation was developed prior to the invention of or widespread use of active fire protection (AFP), mainly in the form of automatic fire sprinkler systems. During this time, PFP was the dominant mode of protection provided in facility designs. With the widespread installation of fire sprinklers in the past 50 years, the reliance on PFP as the only approach was reduced. Lobby groups are typically divided into two camps favouring active or passive fire protection . Each camp tries to garner more business for itself through its influence in establishing or changing local and national building and fire codes. At present, the camp favouring AFP appears to be leading, because of the factors mentioned above.
The relatively recent inclusion of performance based or objective based codes, which have a greater emphasis on life safety than property protection, tend to support AFP initiatives, and can lead to the justification for a lesser degree of fire resistant rated construction. At times it works the other way around, as firewalls that protrude through the roof structure are used to "sub-divide" buildings such that the separated parts are of smaller area and contain smaller fire hazards, and do not necessarily require sprinklers.
The decision to favour AFP versus PFP in the design of a new building may be affected by the lifecycle costs. Lifecycle costs can be shifted from capital to operational budgets and vice versa.
Building Operation in conformance with Design
The building is designed in compliance with the local building code and fire code by the architect and other consultants. A building permit is issued after review by the Authority Having Jurisdiction (AHJ) .
Deviations from that original plan should be made known to the AHJ to make sure that the change is still in compliance with the law to prevent any unsafe conditions that may violate the law and put people at risk. For example, if the firestop systems in a structure were inoperable, a significant part of the fire safety plan would not work in the event of a fire because the walls and floors that contain the firestops are intended to have a fire-resistance rating , which has been achieved through passing a fire test and, often, product certification of the components involved in the construction of those walls and floors. Likewise, if the sprinkler system or fire alarm system is inoperable for lack of knowledgeable maintenance, or if the building occupants prop open a fire door and then run a carpet through, the likelihood of damage and casualties is increased. It is vital for everyone to realise that fire protection within a structure is a system that relies on all of its components.

liability


Public liability is part of the law of tort which focuses on civil wrongs. An applicant (the injured party) usually sues the respondent (the owner or occupier) under common law based on negligence and/or damages. [ 1 ] Claims are usually successful when it can be shown that the owner/occupier was responsible for an injury, therefore they breached their duty of care.
The duty of care is very complex, but in basic terms it is the standard by which one would expect to be treated whilst one is in the care of another.
Once a breach of duty of care has been established, an action brought in a common law court would most likely be successful. Based on the injuries and the losses of the applicant the court would award a financial compensation package.




Contents


1 Asia
2 The Law and Public Liability
3 Degrees of Duty of Care

3.1 Invitees
3.2 Licensees
3.3 Trespassers


4 Types of Claims
5 Notes
6 See also
7 External links





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Asia
In Asia, the law has not developed to the same extent, although the law does recognise negligence. Most professionals [ who? ] are predicting this development to occur rapidly and within the next 10 years.
The Law and Public Liability
In the course of managing any property, you are obliged to comply with laws and statutes administered by government and municipal bodies. These bodies impose various liabilities of which the property owner/manager should be aware.
The most common examples of statute liability are in areas where you are required by law to effect insurance, e.g. workers' compensation and motor vehicle compulsory third party.
Property, Hotel and Operations Managers should become familiar with the various types of contracts involved in commercial and retail activities. These cover a wide field but the more significant contracts are:

the head lease or the management agreements
tenancy and casual leasing agreements
contracts with independent contractors for cleaning, lift and escalator maintenance, air conditioning and fire protection maintenance, etc.

The major contractual liability from an insurance viewpoint is undoubtedly found in head lease and management agreements. These require the Manager or Head Lessee to fully maintain, repair and replace the property, if damaged, until expiration of the agreement or lease.
Furthermore, the contracts usually require an indemnity to the Owner against liabilities imposed upon him for injuries and property damage arising out of the use, occupation or management of the property.
Every contract contains covenants imposing responsibilities on one or other of the parties. These should be carefully examined to ensure they are not unduly onerous
Degrees of Duty of Care
Owner/occupiers are required to provided a certain level of care. The duty of care is not the same for all people. It is dependent on a number of issues. To assist in establishing the duty of care required it is more clear to divide into groups the individuals who your premises and for what reasons. If we take an example of a large shopping complex the following groups of individuals would be attract different levels of care.
Invitees
These are people who by some form you have invited into your complex. This invitation can be through marketing and advertising, or it can be implied simply because you are a shopping complex or your hotel. The greatest duty of care is owed to invitees who, in the case of shopping centres and hotels, are mainly customers, contractors and sub contractors. They are there because of the invitation you extend to them. The duty of care owed to them is relatively simple.
You must take reasonable care to ensure the premises are reasonably safe. They in turn must take reasonable care for their own safety.
If however an invitee spends money for a service, i.e. forms a contract with you, your duty of care is increased. An example of this could be a games arcade where the invitee pays for a ride on a motorcycle game. If as a result of playing this game the invitee is electrocuted, you have failed in your duty of care and undoubtedly will be found to be liable.
Without trying to complicate this issue the provider of the game will also be liable and the applicant may be advised to sue this supplier. Certainly if the injured person chooses to sue you then you definitely have an action against the game supplier. It would also be expected that civil charges would be made against the game supplier.
Licensees
These are people who enter premises with the permission of the occupier but, unlike invitees, do so without any economic advantage to the occupier. They come in the hope of doing business with you or your tenants and include such people as salesmen, commercial travellers, etc. The duty of care owed to licensees are not quite as extreme as in the case of the invitees.
Trespassers
These are classified as people who intrude onto property without permission. The degree of care owed to trespassers, although slight, nevertheless exists particularly in situations where a source of danger is deliberately created or where small children are involved. An example would be where live wires where left exposed after the centre had closed. If some children entered the premises for some reason, despite that reason, if they were injured you would be liable.

lawyers


A lawyer , according to Black's Law Dictionary , is "a person learned in the law; as an attorney , counsel or solicitor ; a person licensed to practice law." [ 1 ] Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political and social authority, and deliver justice . Working as a lawyer involves the practical application of abstract legal theories and knowledge to solve specific individualized problems, or to advance the interests of those who retain (i.e., hire) lawyers to perform legal services.
The role of the lawyer varies significantly across legal jurisdictions, and so it can be treated here in only the most general terms. [ 2 ] [ 3 ] More information is available in country-specific articles (see below). [ clarification needed ]




Contents


1 Terminology
2 Responsibilities

2.1 Oral argument in the courts
2.2 Research and drafting of court papers
2.3 Advocacy (written and oral) in administrative hearings
2.4 Client intake and counseling (with regard to pending litigation)
2.5 Legal advice
2.6 Protecting intellectual property
2.7 Negotiating and drafting contracts
2.8 Conveyancing
2.9 Carrying out the intent of the deceased
2.10 Prosecution and defense of criminal suspects


3 Education

3.1 Earning the right to practice law


4 Career structure

4.1 Common law/civil law
4.2 Specialization
4.3 Organization


5 Professional associations and regulation

5.1 Mandatory licensing and membership in professional organizations
5.2 Who regulates lawyers
5.3 Voluntary associations of lawyers


6 Cultural perception of lawyers
7 Compensation
8 History

8.1 Ancient Greece
8.2 Early Ancient Rome
8.3 Late Ancient Rome
8.4 Middle Ages


9 Titles
10 See also
11 Notes
12 External links





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Terminology
In practice, legal jurisdictions exercise their right to determine who is recognized as being a lawyer; as a result, the meaning of the term "lawyer" may vary from place to place. [ 4 ]

In Australia the word "lawyer" is used to refer to both barristers and solicitors (whether in private practice or practising as corporate in-house counsel).
In Canada , the word "lawyer" only refers to individuals who have been called to the bar or have qualified as civil law notaries in the province of Quebec . Common law lawyers in Canada may also be known as "barristers and solicitors", but should not be referred to as "attorneys", since that term has a different meaning in Canadian usage. However, in Quebec, civil law advocates (or avocats in French) often call themselves "attorney" and sometimes "barrister and solicitor".
In England and Wales , "lawyer" is used loosely to refer to a broad variety of law-trained persons. It includes practitioners such as barristers , solicitors , legal executives and licensed conveyancers ; and people who are involved with the law but do not practise it on behalf of individual clients, such as judges, court clerks, and drafters of legislation.
In India , the term "lawyer" is often colloquially used, but the official term is " advocate " as prescribed under the Advocates Act, 1961. [ 5 ]
In Scotland , the word "lawyer" refers to a more specific group of legally trained people. It specifically includes advocates and solicitors . In a generic sense, it may also include judges and law-trained support staff.
In the United States , the term generally refers to attorneys who may practice law ; it is never used to refer to patent agents [ 6 ] or paralegals . [ 7 ]
Other nations tend to have comparable terms for the analogous concept.

Responsibilities
In most countries, particularly civil law countries, there has been a tradition of giving many legal tasks to a variety of civil law notaries , clerks, and scriveners. [ 8 ] [ 9 ] These countries do not have "lawyers" in the American sense, insofar as that term refers to a single type of general-purpose legal services provider; [ 10 ] rather, their legal professions consist of a large number of different kinds of law-trained persons, known as jurists , of which only some are advocates who are licensed to practice in the courts. [ 11 ] [ 12 ] [ 13 ] It is difficult to formulate accurate generalizations that cover all the countries with multiple legal professions, because each country has traditionally had its own peculiar method of dividing up legal work among all its different types of legal professionals. [ 14 ]
Notably, England , the mother of the common law jurisdictions, emerged from the Dark Ages with similar complexity in its legal professions, but then evolved by the 19th century to a single dichotomy between barristers and solicitors . An equivalent dichotomy developed between advocates and procurators in some civil law countries, though these two types did not always monopolize the practice of law as much as barristers and solicitors, in that they always coexisted with civil law notaries. [ 15 ] [ 16 ] [ 17 ]
Several countries that originally had two or more legal professions have since fused or united their professions into a single type of lawyer. [ 18 ] [ 19 ] [ 20 ] [ 21 ] Most countries in this category are common law countries, though France , a civil law country, merged together its jurists in 1990 and 1991 in response to Anglo-American competition. [ 22 ] In countries with fused professions, a lawyer is usually permitted to carry out all or nearly all the responsibilities listed below.
Oral argument in the courts
Arguing a client's case before a judge or jury in a court of law is the traditional province of the barrister in England, and of advocates in some civil law jurisdictions. [ 23 ] However, the boundary between barristers and solicitors has evolved. In England today, the barrister monopoly covers only appellate courts, and barristers must compete directly with solicitors in many trial courts. [ 24 ] In countries like the United States that have fused legal professions, there are trial lawyers who specialize in trying cases in court, but trial lawyers do not have a de jure monopoly like barristers. In some countries, litigants have the option of arguing pro se , or on their own behalf. It is common for litigants to appear unrepresented before certain courts like small claims courts ; indeed, many such courts do not allow lawyers to speak for their clients, in an effort to save money for all participants in a small case. [ 25 ] In other countries, like Venezuela , no one may appear before a judge unless represented by a lawyer. [ 26 ] The advantage of the latter regime is that lawyers are familiar with the court's customs and procedures, and make the legal system more efficient for all involved. Unrepresented parties often damage their own credibility or slow the court down as a result of their inexperience. [ 27 ] [ 28 ]
Research and drafting of court papers
Often, lawyers brief a court in writing on the issues in a case before the issues can be orally argued. They may have to perform extensive research into relevant facts and law while drafting legal papers and preparing for oral argument.
In England, the usual division of labour is that a solicitor will obtain the facts of the case from the client and then brief a barrister (usually in writing). [ 29 ] The barrister then researches and drafts the necessary court pleadings (which will be filed and served by the solicitor) and orally argues the case. [ 30 ]
In Spain , the procurator merely signs and presents the papers to the court, but it is the advocate who drafts the papers and argues the case. [ 31 ]
In some countries, like Japan , a scrivener or clerk may fill out court forms and draft simple papers for lay persons who cannot afford or do not need attorneys, and advise them on how to manage and argue their own cases. [ 32 ]
Advocacy (written and oral) in administrative hearings
In most developed countries, the legislature has granted original jurisdiction over highly technical matters to executive branch administrative agencies which oversee such things. As a result, some lawyers have become specialists in administrative law . In a few countries, there is a special category of jurists with a monopoly over this form of advocacy; for example, France formerly had conseils juridiques (who were merged into the main legal profession in 1991). [ 33 ] In other countries, like the United States , lawyers have been effectively barred by statute from certain types of administrative hearings in order to preserve their informality. [ 34 ]
Client intake and counseling (with regard to pending litigation)
An important aspect of a lawyer's job is developing and managing relationships with clients (or the client's employees, if the lawyer works in-house for a government or corporation). The client-lawyer relationship often begins with an intake interview where the lawyer gets to know the client personally, discovers the facts of the client's case, clarifies what the client wants to accomplish, shapes the client's expectations as to what actually can be accomplished, begins to develop various claims or defenses, and explains his or her fees to the client. [ 35 ] [ 36 ]
In England, only solicitors were traditionally in direct contact with the client. [ 37 ] The solicitor retained a barrister if one was necessary and acted as an intermediary between the barrister and the client. [ 38 ] In most cases a barrister would be obliged, under what is known as the "cab rank rule", to accept instructions for a case in an area in which they held themselves out as practising, at a court at which they normally appeared and at their usual rates. [ 39 ] [ 40 ]
Legal advice
Main article: Legal advice
Legal advice is the application of abstract principles of law to the concrete facts of the client's case in order to advise the client about what they should do next. In many countries, only a properly licensed lawyer may provide legal advice to clients for good consideration , even if no lawsuit is contemplated or is in progress. [ 41 ] [ 42 ] [ 43 ] Therefore, even conveyancers and corporate in-house counsel must first get a license to practice, though they may actually spend very little of their careers in court. Failure to obey such a rule is the crime of unauthorized practice of law . [ 44 ]
In other countries, jurists who hold law degrees are allowed to provide legal advice to individuals or to corporations, and it is irrelevant if they lack a license and cannot appear in court. [ 45 ] [ 46 ] Some countries go further; in England and Wales , there is no general prohibition on the giving of legal advice. [ 47 ] Sometimes civil law notaries are allowed to give legal advice, as in Belgium . [ 48 ] In many countries, non-jurist accountants may provide what is technically legal advice in tax and accounting matters. [ 49 ]
Protecting intellectual property
In virtually all countries, patents , trademarks , industrial designs and other forms of intellectual property must be formally registered with a government agency in order to receive maximum protection under the law. The division of such work among lawyers, licensed non-lawyer jurists/agents, and ordinary clerks or scriveners varies greatly from one country to the next. [ 32 ] [ 50 ]
Negotiating and drafting contracts
In some countries, the negotiating and drafting of contracts is considered to be similar to the provision of legal advice, so that it is subject to the licensing requirement explained above. [ 51 ] In others, jurists or notaries may negotiate or draft contracts. [ 52 ]
Lawyers in some civil law countries traditionally deprecated "transactional law" or "business law" as beneath them. French law firms developed transactional departments only in the 1990s when they started to lose business to international firms based in the United States and the United Kingdom (where solicitors have always done transactional work). [ 53 ]
Conveyancing
Conveyancing is the drafting of the documents necessary for the transfer of real property , such as deeds and mortgages . In some jurisdictions, all real estate transactions must be carried out by a lawyer (or a solicitor where that distinction still exists). [ 54 ] Such a monopoly is quite valuable from the lawyer's point of view; historically, conveyancing accounted for about half of English solicitors' income (though this has since changed), [ 55 ] and a 1978 study showed that conveyancing "accounts for as much as 80 percent of solicitor-client contact in New South Wales ." [ 56 ] In most common law jurisdictions outside of the United States, this monopoly arose from an 1804 law [ 57 ] that was introduced by William Pitt the Younger as a quid pro quo for the raising of fees on the certification of legal professionals such as barristers, solicitors, attorneys and notaries. [ 58 ]
In others, the use of a lawyer is optional and banks, title companies, or realtors may be used instead. [ 59 ] In some civil law jurisdictions, real estate transactions are handled by civil law notaries. [ 60 ] In England and Wales a special class of legal professional–the licensed conveyancer –is also allowed to carry out conveyancing services for reward. [ 61 ]
Carrying out the intent of the deceased
In many countries, only lawyers have the legal authority to draft wills , trusts , and any other documents that ensure the efficient disposition of a person's property after death. In some civil law countries this responsibility is handled by civil law notaries. [ 52 ]
In the United States, the estates of the deceased must generally be administered by a court through probate . American lawyers have a profitable monopoly on dispensing advice about probate law (which has been heavily criticized). [ 62 ]
Prosecution and defense of criminal suspects
In many civil law countries, prosecutors are trained and employed as part of the judiciary; they are law-trained jurists, but may not necessarily be lawyers in the sense that the word is used in the common law world. [ 63 ] In common law countries, prosecutors are usually lawyers holding regular licenses who simply happen to work for the government office that files criminal charges against suspects. Criminal defense lawyers specialize in the defense of those charged with any crimes. [ 64 ]
Education
Main article: Legal education
The educational prerequisites to becoming a lawyer vary greatly from country to country. In some countries, law is taught by a faculty of law , which is a department of a university's general undergraduate college. [ 65 ] Law students in those countries pursue a Master or Bachelor of Laws degree. In some countries it is common or even required for students to earn another bachelor's degree at the same time. Nor is the LL.B the sole obstacle; it is often followed by a series of advanced examinations, apprenticeships, and additional coursework at special government institutes. [ 66 ]
In other countries, particularly the United States, law is primarily taught at law schools . In the United States [ 67 ] and countries following the American model, (such as Canada [ 68 ] with the exception of the province of Quebec) law schools are graduate/professional schools where a bachelor's degree is a prerequisite for admission. Most law schools are part of universities but a few are independent institutions. Law schools in the United States (and many in Canada and elsewhere) award graduating students a J.D. ( Juris Doctor /Doctor of Jurisprudence) (as opposed to the Bachelor of Laws ) as the practitioner's law degree. Many schools also offer post-doctoral law degrees such as the LL.M (Legum Magister/Master of Laws), or the S.J.D. (Scientiae Juridicae Doctor/Doctor of Juridical Science) for students interested in advancing their research knowledge and credentials in a specific area of law. [ 69 ]
The methods and quality of legal education vary widely. Some countries require extensive clinical training in the form of apprenticeships or special clinical courses. [ 70 ] Others, like Venezuela, do not. [ 71 ] A few countries prefer to teach through assigned readings of judicial opinions (the casebook method ) followed by intense in-class cross-examination by the professor (the Socratic method ). [ 72 ] [ 73 ] Many others have only lectures on highly abstract legal doctrines, which forces young lawyers to figure out how to actually think and write like a lawyer at their first apprenticeship (or job). [ 74 ] [ 75 ] [ 76 ] Depending upon the country, a typical class size could range from five students in a seminar to five hundred in a giant lecture room. In the United States, law schools maintain small class sizes, and as such, grant admissions on a more limited and competitive basis. [ 77 ]
Some countries, particularly industrialized ones, have a traditional preference for full-time law programs, [ 78 ] while in developing countries, students often work full- or part-time to pay the tuition and fees of their part-time law programs. [ 79 ] [ 80 ]
Law schools in developing countries share several common problems, such as an overreliance on practicing judges and lawyers who treat teaching as a part-time hobby (and a concomitant scarcity of full-time law professors); [ 81 ] [ 82 ] incompetent faculty with questionable credentials; [ 83 ] and textbooks that lag behind the current state of the law by two or three decades. [ 81 ] [ 84 ]
Earning the right to practice law
Main article: Admission to practice law
Some jurisdictions grant a " diploma privilege " to certain institutions, so that merely earning a degree or credential from those institutions is the primary qualification for practicing law. [ 85 ] Mexico allows anyone with a law degree to practice law. [ 86 ] However, in a large number of countries, a law student must pass a bar examination (or a series of such examinations) before receiving a license to practice. [ 85 ] [ 87 ] [ 88 ] In a handful of U.S. states , one may become an attorney (a so-called country lawyer ) by simply " reading law " and passing the bar examination, without having to attend law school first (although very few people actually become lawyers that way). [ 89 ]
Some countries require a formal apprenticeship with an experienced practitioner, while others do not. [ 90 ] For example, a few jurisdictions still allow an apprenticeship in place of any kind of formal legal education (though the number of persons who actually become lawyers that way is increasingly rare). [ 91 ]
Career structure




U.S. President Abraham Lincoln is a famous example of a lawyer-turned-politician.


The career structure of lawyers varies widely from one country to the next.
Common law/civil law
In most common law countries, especially those with fused professions, lawyers have many options over the course of their careers. Besides private practice, they can become a prosecutor , government counsel, corporate in-house counsel, administrative law judge , judge , arbitrator , law professor , or politician . [ 92 ] There are also many non-legal jobs which legal training is good preparation for, such as corporate executive , government administrator, investment banker , entrepreneur , or journalist . [ 93 ] In developing countries like India, a large majority of law students never actually practice, but simply use their law degree as a foundation for careers in other fields. [ 94 ]
In most civil law countries, lawyers generally structure their legal education around their chosen specialty; the boundaries between different types of lawyers are carefully defined and hard to cross. After one earns a law degree, career mobility may be severely constrained. [ 95 ] For example, unlike their American counterparts, [ 96 ] it is difficult for German judges to leave the bench and become advocates in private practice. [ 97 ] Another interesting example is France, where for much of the 20th century, all judiciary officials were graduates of an elite professional school for judges. Although the French judiciary has begun experimenting with the Anglo-American model of appointing judges from accomplished advocates, the few advocates who have actually joined the bench this way are looked down upon by their colleagues who have taken the traditional route to judicial office. [ 98 ]
In a few civil law countries, such as Sweden , [ 99 ] the legal profession is not rigorously bifurcated and everyone within it can easily change roles and arenas.
Specialization
In many countries, lawyers are general practitioners who will take almost any kind of case that walks in the door. [ 100 ] In others, there has been a tendency since the start of the 20th century for lawyers to specialize early in their careers. [ 101 ] [ 102 ] In countries where specialization is prevalent, many lawyers specialize in representing one side in one particular area of the law; thus, it is common in the United States to hear of plaintiffs' personal injury attorneys. [ 103 ]
Organization
Main article: Law firm
Lawyers in private practice generally work in specialized businesses known as law firms , [ 104 ] with the exception of English barristers. The vast majority of law firms worldwide are small businesses that range in size from 1 to 10 lawyers. [ 105 ] The United States, with its large number of firms with more than 50 lawyers, is an exception. [ 106 ] The United Kingdom and Australia are also exceptions, as the UK, Australia and the U.S. are now home to several firms with more than 1,000 lawyers after a wave of mergers in the late 1990s.
Notably, barristers in England and Wales and some states in Australia do not work in "law firms". Those who offer their services to the general public—as opposed to those working "in house"—are required to be self-employed. [ 107 ] Most work in groupings known as "sets" or "chambers", where some administrative and marketing costs are shared. An important effect of this different organizational structure is that there is no conflict of interest where barristers in the same chambers work for opposing sides in a case, and in some specialised chambers this is commonplace.
Professional associations and regulation
Mandatory licensing and membership in professional organizations
In some jurisdictions, either the judiciary [ 108 ] or the Ministry of Justice [ 109 ] directly supervises the admission, licensing, and regulation of lawyers.
Other jurisdictions, by statute, tradition, or court order, have granted such powers to a professional association which all lawyers must belong to. [ 110 ] In the U.S., such associations are known as mandatory, integrated, or unified bar associations . In the Commonwealth of Nations, similar organizations are known as Inns of Court , bar councils or law societies . [ 111 ] In civil law countries, comparable organizations are known as Orders of Advocates, [ 112 ] Chambers of Advocates, [ 113 ] Colleges of Advocates, [ 114 ] Faculties of Advocates, [ 115 ] or similar names. Generally, a nonmember caught practicing law may be liable for the crime of unauthorized practice of law . [ 116 ]
In common law countries with divided legal professions, barristers traditionally belong to the bar council (or an Inn of Court) and solicitors belong to the law society. In the English-speaking world, the largest mandatory professional association of lawyers is the State Bar of California , with 200,000 members.
Some countries admit and regulate lawyers at the national level, so that a lawyer, once licensed, can argue cases in any court in the land. This is common in small countries like New Zealand , Japan, and Belgium. [ 117 ] Others, especially those with federal governments, tend to regulate lawyers at the state or provincial level; this is the case in the United States, [ 118 ] Canada, [ 119 ] Australia, [ 120 ] and Switzerland, [ 121 ] to name a few. Brazil is the most well-known federal government that regulates lawyers at the national level. [ 122 ]
Some countries, like Italy, regulate lawyers at the regional level, [ 123 ] and a few, like Belgium, even regulate them at the local level (that is, they are licensed and regulated by the local equivalent of bar associations but can advocate in courts nationwide). [ 124 ] In Germany, lawyers are admitted to regional bars and may appear for clients before all courts nationwide with the exception of the Federal Court of Justice of Germany ( Bundesgerichtshof or BGH); oddly, securing admission to the BGH's bar limits a lawyer's practice solely to the supreme federal courts and the Federal Constitutional Court of Germany . [ 125 ]
Generally, geographic limitations can be troublesome for a lawyer who discovers that his client's cause requires him to litigate in a court beyond the normal geographic scope of his license. Although most courts have special pro hac vice rules for such occasions, the lawyer will still have to deal with a different set of professional responsibility rules, as well as the possibility of other differences in substantive and procedural law.
Some countries grant licenses to non-resident lawyers, who may then appear regularly on behalf of foreign clients. Others require all lawyers to live in the jurisdiction or to even hold national citizenship as a prerequisite for receiving a license to practice. But the trend in industrialized countries since the 1970s has been to abolish citizenship and residency restrictions. For example, the Supreme Court of Canada struck down a citizenship requirement on equality rights grounds in 1989, [ 126 ] and similarly, American citizenship and residency requirements were struck down as unconstitutional by the U.S. Supreme Court in 1973 and 1985, respectively. [ 127 ] The European Court of Justice made similar decisions in 1974 and 1977 striking down citizenship restrictions in Belgium and France. [ 128 ]
Who regulates lawyers
A key difference among countries is whether lawyers should be regulated solely by an independent judiciary and its subordinate institutions (a self-regulating legal profession), [ 129 ] or whether lawyers should be subject to supervision by the Ministry of Justice in the executive branch .
In most civil law countries, the government has traditionally exercised tight control over the legal profession in order to ensure a steady supply of loyal judges and bureaucrats. That is, lawyers were expected first and foremost to serve the state, and the availability of counsel for private litigants was an afterthought. [ 130 ] Even in civil law countries like Norway which have partially self-regulating professions, the Ministry of Justice is the sole issuer of licenses, and makes its own independent re-evaluation of a lawyer's fitness to practice after a lawyer has been expelled from the Advocates' Association. [ 109 ] Brazil is an unusual exception in that its national Order of Advocates has become a fully self-regulating institution (with direct control over licensing) and has successfully resisted government attempts to place it under the control of the Ministry of Labor. [ 131 ] [ 132 ]
Of all the civil law countries, Communist countries historically went the farthest towards total state control, with all Communist lawyers forced to practice in collectives by the mid-1950s. [ 133 ] [ 134 ] China is a prime example: technically, the People's Republic of China did not have lawyers, and instead had only poorly-trained, state-employed "legal workers," prior to the enactment of a comprehensive reform package in 1996 by the Standing Committee of the National People's Congress. [ 135 ]
In contrast, common law lawyers have traditionally regulated themselves through institutions where the influence of non-lawyers, if any, was weak and indirect (despite nominal state control). [ 136 ] Such institutions have been traditionally dominated by private practitioners who opposed strong state control of the profession on the grounds that it would endanger the ability of lawyers to zealously and competently advocate their clients' causes in the adversarial system of justice. [ 137 ]
However, the concept of the self-regulating profession has been criticized as a sham which serves to legitimize the professional monopoly while protecting the profession from public scrutiny. [ 138 ] Disciplinary mechanisms have been astonishingly ineffective, and penalties have been light or nonexistent. [ 139 ] [ 140 ] [ 141 ]
Voluntary associations of lawyers
Lawyers are always free to form voluntary associations of their own, apart from any licensing or mandatory membership that may be required by the laws of their jurisdiction. Like their mandatory counterparts, such organizations may exist at all geographic levels. [ 86 ] [ 142 ] In American English, such associations are known as voluntary bar associations. [ 143 ] The largest voluntary professional association of lawyers in the English-speaking world is the American Bar Association .
In some countries, like France and Italy, lawyers have also formed trade unions . [ 144 ]
Cultural perception of lawyers
Hostility towards the legal profession is a widespread phenomenon. The legal profession was abolished in Prussia in 1780 and in France in 1789, though both countries eventually realized that their judicial systems could not function efficiently without lawyers. [ 145 ] Complaints about too many lawyers were common in both England and the United States in the 1840s [ 146 ] [ 147 ] Germany in the 1910s, [ 148 ] and in Australia, [ 149 ] Canada, [ 150 ] the United States, [ 151 ] [ 152 ] [ 153 ] and Scotland [ 154 ] in the 1980s.
Public distrust of lawyers reached record heights in the United States after the Watergate scandal . [ 153 ] [ 155 ] In the aftermath of Watergate, legal self-help books became popular among those who wished to solve their legal problems without having to deal with lawyers. [ 156 ] Lawyer jokes (already a perennial favorite) also soared in popularity in English -speaking North America as a result of Watergate. [ 157 ] In 1989, American legal self-help publisher Nolo Press published a 171-page compilation of negative anecdotes about lawyers from throughout human history. [ 158 ]
In Adventures in Law and Justice (2003), legal researcher Bryan Horrigan dedicated a chapter to "Myths, Fictions, and Realities" about law and illustrated the perennial criticism of lawyers as "amoral [...] guns for hire" [ 159 ] with a quote from Ambrose Bierce 's satirical The Devil's Dictionary (1911) that summarized the noun as: "LAWYER, n. One skilled in circumvention of the law." [ 160 ]
More generally, in Legal Ethics: A Comparative Study (2004), law professor Geoffrey C. Hazard, Jr. with Angelo Dondi briefly examined the "regulations attempting to suppress lawyer misconduct" and noted that their similarity around the world was paralleled by a "remarkable consistency" in certain "persistant [sic?] grievances" about lawyers that transcends both time and locale, from the Bible to medieval England to dynastic China. [ 161 ] The authors then generalized these common complaints about lawyers as being classified into five "general categories" as follows:





abuse of litigation in various ways, including using dilatory tactics and false evidence and making frivolous arguments to the courts;
preparation of false documentation, such as false deeds, contracts, or wills;
deceiving clients and other persons and misappropriating property;
procrastination in dealings with clients; and
charging excessive fees. [ 161 ]





Compensation
Main article: Attorney's fee
Lawyers are paid for their work in a variety of ways. In private practice, they may work for an hourly fee according to a billable hour structure, [ 162 ] a contingency fee [ 163 ] (usually in cases involving personal injury ), or a lump sum payment if the matter is straightforward. Normally, most lawyers negotiate a written fee agreement up front and may require a non-refundable retainer in advance. In many countries there are fee-shifting arrangements by which the loser must pay the winner's fees and costs; the United States is the major exception, [ 164 ] although in turn, its legislators have carved out many exceptions to the so-called "American Rule" of no fee shifting.
Lawyers working directly on the payroll of governments, nonprofits, and corporations usually earn a regular annual salary. [ 165 ] In many countries, with the notable exception of Germany, [ 166 ] lawyers can also volunteer their labor in the service of worthy causes through an arrangement called pro bono (short for pro bono publico , "for the common good"). [ 167 ] Traditionally such work was performed on behalf of the poor, but in some countries it has now expanded to many other causes such as the environment .
In some countries, there are legal aid lawyers who specialize in providing legal services to the indigent. [ 168 ] [ 169 ] France and Spain even have formal fee structures by which lawyers are compensated by the government for legal aid cases on a per-case basis. [ 170 ] A similar system, though not as extensive or generous, operates in Australia, Canada, as well as South Africa. [ citation needed ]
In other countries, legal aid specialists are practically nonexistent. This may be because non-lawyers are allowed to provide such services; in both Italy and Belgium , trade unions and political parties provide what can be characterized as legal aid services. [ 171 ] Some legal aid in Belgium is also provided by young lawyer apprentices subsidized by local bar associations (known as the pro deo system), as well as consumer protection nonprofit organizations and Public Assistance Agencies subsidized by local governments. [ 172 ] In Germany, mandatory fee structures have enabled widespread implementation of affordable legal expense insurance. [ 173 ]
History
Main article: History of the legal profession




16th century painting of a civil law notary , by Flemish painter Quentin Massys . A civil law notary is roughly analogous to a common law solicitor , except that, unlike solicitors, civil law notaries do not practice litigation to any degree.


Ancient Greece
The earliest people who could be described as "lawyers" were probably the orators of ancient Athens (see History of Athens ). However, Athenian orators faced serious structural obstacles. First, there was a rule that individuals were supposed to plead their own cases, which was soon bypassed by the increasing tendency of individuals to ask a "friend" for assistance. [ 174 ] However, around the middle of the fourth century, the Athenians disposed of the perfunctory request for a friend. [ 175 ] Second, a more serious obstacle, which the Athenian orators never completely overcame, was the rule that no one could take a fee to plead the cause of another. This law was widely disregarded in practice, but was never abolished, which meant that orators could never present themselves as legal professionals or experts. [ 176 ] They had to uphold the legal fiction that they were merely an ordinary citizen generously helping out a friend for free, and thus they could never organize into a real profession—with professional associations and titles and all the other pomp and circumstance—like their modern counterparts. [ 177 ] Therefore, if one narrows the definition to those men who could practice the legal profession openly and legally, then the first lawyers would have to be the orators of ancient Rome . [ 178 ]
Early Ancient Rome
A law enacted in 204 BC barred Roman advocates from taking fees, but the law was widely ignored. [ 179 ] The ban on fees was abolished by Emperor Claudius , who legalized advocacy as a profession and allowed the Roman advocates to become the first lawyers who could practice openly—but he also imposed a fee ceiling of 10,000 sesterces . [ 180 ] This was apparently not much money; the Satires of Juvenal complain that there was no money in working as an advocate. [ 181 ]
Like their Greek contemporaries, early Roman advocates were trained in rhetoric , not law, and the judges before whom they argued were also not law-trained. [ 182 ] But very early on, unlike Athens, Rome developed a class of specialists who were learned in the law, known as jurisconsults ( iuris consulti ). [ 183 ] Jurisconsults were wealthy amateurs who dabbled in law as an intellectual hobby; they did not make their primary living from it. [ 183 ] They gave legal opinions ( responsa ) on legal issues to all comers (a practice known as publice respondere ). [ 184 ] Roman judges and governors would routinely consult with an advisory panel of jurisconsults before rendering a decision, and advocates and ordinary people also went to jurisconsults for legal opinions. [ 183 ] Thus, the Romans were the first to have a class of people who spent their days thinking about legal problems, and this is why their law became so "precise, detailed, and technical." [ 183 ]
Late Ancient Rome
During the Roman Republic and the early Roman Empire , jurisconsults and advocates were unregulated, since the former were amateurs and the latter were technically illegal. [ 185 ] Any citizen could call himself an advocate or a legal expert, though whether people believed him would depend upon his personal reputation. This changed once Claudius legalized the legal profession. By the start of the Byzantine Empire , the legal profession had become well-established, heavily regulated, and highly stratified. [ 186 ] The centralization and bureaucratization of the profession was apparently gradual at first, but accelerated during the reign of Emperor Hadrian . [ 187 ] At the same time, the jurisconsults went into decline during the imperial period. [ 188 ]
In the words of Fritz Schulz, "by the fourth century things had changed in the eastern Empire: advocates now were really lawyers." [ 189 ] For example, by the fourth century, advocates had to be enrolled on the bar of a court to argue before it, they could only be attached to one court at a time, and there were restrictions (which came and went depending upon who was emperor) on how many advocates could be enrolled at a particular court. [ 190 ] By the 380s, advocates were studying law in addition to rhetoric (thus reducing the need for a separate class of jurisconsults); in 460, Emperor Leo imposed a requirement that new advocates seeking admission had to produce testimonials from their teachers; and by the sixth century, a regular course of legal study lasting about four years was required for admission. [ 191 ] Claudius's fee ceiling lasted all the way into the Byzantine period, though by then it was measured at 100 solidi . [ 192 ] Of course, it was widely evaded, either through demands for maintenance and expenses or a sub rosa barter transaction. [ 192 ] The latter was cause for disbarment. [ 192 ]
The notaries ( tabelliones ) appeared in the late Roman Empire. Like their modern-day descendants, the civil law notaries, they were responsible for drafting wills, conveyances, and contracts. [ 193 ] They were ubiquitous and most villages had one. [ 193 ] In Roman times, notaries were widely considered to be inferior to advocates and jurisconsults. [ 193 ] Roman notaries were not law-trained; they were barely literate hacks who wrapped the simplest transactions in mountains of legal jargon, since they were paid by the line. [ 194 ]
Middle Ages
After the fall of the western Empire and the onset of the Dark Ages, the legal profession of Western Europe collapsed. As James Brundage has explained: "[by 1140], no one in Western Europe could properly be described as a professional lawyer or a professional canonist in anything like the modern sense of the term 'professional.' " [ 195 ] However, from 1150 onward, a small but increasing number of men became experts in canon law but only in furtherance of other occupational goals, such as serving the Roman Catholic Church as priests. [ 196 ] From 1190 to 1230, however, there was a crucial shift in which some men began to practice canon law as a lifelong profession in itself. [ 197 ]
The legal profession's return was marked by the renewed efforts of church and state to regulate it. In 1231 two French councils mandated that lawyers had to swear an oath of admission before practicing before the bishop's courts in their regions, and a similar oath was promulgated by the papal legate in London in 1237. [ 198 ] During the same decade, Frederick II, the emperor of the Kingdom of Sicily, imposed a similar oath in his civil courts. [ 199 ] By 1250 the nucleus of a new legal profession had clearly formed. [ 200 ] The new trend towards professionalization culminated in a controversial proposal at the Second Council of Lyon in 1275 that all ecclesiastical courts should require an oath of admission. [ 201 ] Although not adopted by the council, it was highly influential in many such courts throughout Europe. [ 201 ] The civil courts in England also joined the trend towards professionalization; in 1275 a statute was enacted that prescribed punishment for professional lawyers guilty of deceit, and in 1280 the mayor's court of the city of London promulgated regulations concerning admission procedures, including the administering of an oath. [ 202 ]
Titles
Generally speaking, the modern practice is for lawyers to avoid use of any title, although formal practice varies across the world.
Historically lawyers in most European countries were addressed with the title of doctor, and countries outside of Europe have generally followed the practice of the European country which had policy influence through "modernization" or "colonialization." The first university degrees, starting with the law school of the University of Bologna (or glossators) in the 11th century, were all law degrees and doctorates. [ 203 ] Degrees in other fields did not start until the 13th century, but the doctor continued to be the only degree offered at many of the old universities until the 20th century. Therefore, in many of the southern European countries, including Portugal and Italy, [ 204 ] lawyers have traditionally been addressed as “doctor,” a practice which was transferred to many countries in South America [ 205 ] (including Macau in China). [ 206 ] The term "doctor" has since fallen into disuse, although it is still a legal title in Italy and in use in many countries outside of Europe. [ 207 ]
The title of doctor has never been used to address lawyers in England or other common law countries (with the exception of the United States). This is because until 1846 lawyers in England were not required to have a university degree and were trained by other attorneys by apprenticeship or in the Inns of Court. [ 208 ] Since law degrees started to become a requirement for lawyers in England, the degree awarded has been the undergraduate LL.B.
Even though most lawyers in the United States do not use any titles, the law degree in that country is the Juris Doctor , a professional doctorate degree, [ 209 ] and some J.D. holders in the United States use the title of "Doctor" in professional [ 210 ] and academic situations. [ 211 ] In countries where holders of the first law degree traditionally use the title of doctor (e.g. Peru, Brazil, Macau, Portugal, Argentina, and Italy), [ 212 ] J.D. holders who are attorneys will often use the title of doctor as well. [ 213 ] It is not uncommon for English-language lawyers, especially in the United States, to use the honorific suffix "Esq." (for "Esquire"), irrespective of whether the lawyer is male or female. [ 214 ]
In many Asian countries, the proper title for a lawyer is simply, "lawyer", but holders of the Juris Doctor degree are also called "博士" (doctor). [ 215 ]
See also






Ambulance chaser (derogatory)
Advocate
Advokat
Attorney at law
Avocats Sans Frontières
Barrister , pupil barrister
Corporate lawyer
Counsel
Court dress






Esquire
Fiduciary
Law broker
Law firm
Legal Executive [ 216 ]
Legalese
Licensed Conveyancer [ 217 ]
List of jurists
Notary public






Practice of law
Privilege of the predecessors
Prosecutor
Public defender
Rules lawyer (derogatory)
Scrivener
Shyster (derogatory)
Solicitor , trainee solicitor
St. Ivo of Kermartin (patron saint of lawyers)





injury lawyer


A lawyer , according to Black's Law Dictionary , is "a person learned in the law; as an attorney , counsel or solicitor ; a person licensed to practice law." [ 1 ] Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political and social authority, and deliver justice . Working as a lawyer involves the practical application of abstract legal theories and knowledge to solve specific individualized problems, or to advance the interests of those who retain (i.e., hire) lawyers to perform legal services.
The role of the lawyer varies significantly across legal jurisdictions, and so it can be treated here in only the most general terms. [ 2 ] [ 3 ] More information is available in country-specific articles (see below). [ clarification needed ]




Contents


1 Terminology
2 Responsibilities

2.1 Oral argument in the courts
2.2 Research and drafting of court papers
2.3 Advocacy (written and oral) in administrative hearings
2.4 Client intake and counseling (with regard to pending litigation)
2.5 Legal advice
2.6 Protecting intellectual property
2.7 Negotiating and drafting contracts
2.8 Conveyancing
2.9 Carrying out the intent of the deceased
2.10 Prosecution and defense of criminal suspects


3 Education

3.1 Earning the right to practice law


4 Career structure

4.1 Common law/civil law
4.2 Specialization
4.3 Organization


5 Professional associations and regulation

5.1 Mandatory licensing and membership in professional organizations
5.2 Who regulates lawyers
5.3 Voluntary associations of lawyers


6 Cultural perception of lawyers
7 Compensation
8 History

8.1 Ancient Greece
8.2 Early Ancient Rome
8.3 Late Ancient Rome
8.4 Middle Ages


9 Titles
10 See also
11 Notes
12 External links





//

Terminology
In practice, legal jurisdictions exercise their right to determine who is recognized as being a lawyer; as a result, the meaning of the term "lawyer" may vary from place to place. [ 4 ]

In Australia the word "lawyer" is used to refer to both barristers and solicitors (whether in private practice or practising as corporate in-house counsel).
In Canada , the word "lawyer" only refers to individuals who have been called to the bar or have qualified as civil law notaries in the province of Quebec . Common law lawyers in Canada may also be known as "barristers and solicitors", but should not be referred to as "attorneys", since that term has a different meaning in Canadian usage. However, in Quebec, civil law advocates (or avocats in French) often call themselves "attorney" and sometimes "barrister and solicitor".
In England and Wales , "lawyer" is used loosely to refer to a broad variety of law-trained persons. It includes practitioners such as barristers , solicitors , legal executives and licensed conveyancers ; and people who are involved with the law but do not practise it on behalf of individual clients, such as judges, court clerks, and drafters of legislation.
In India , the term "lawyer" is often colloquially used, but the official term is " advocate " as prescribed under the Advocates Act, 1961. [ 5 ]
In Scotland , the word "lawyer" refers to a more specific group of legally trained people. It specifically includes advocates and solicitors . In a generic sense, it may also include judges and law-trained support staff.
In the United States , the term generally refers to attorneys who may practice law ; it is never used to refer to patent agents [ 6 ] or paralegals . [ 7 ]
Other nations tend to have comparable terms for the analogous concept.

Responsibilities
In most countries, particularly civil law countries, there has been a tradition of giving many legal tasks to a variety of civil law notaries , clerks, and scriveners. [ 8 ] [ 9 ] These countries do not have "lawyers" in the American sense, insofar as that term refers to a single type of general-purpose legal services provider; [ 10 ] rather, their legal professions consist of a large number of different kinds of law-trained persons, known as jurists , of which only some are advocates who are licensed to practice in the courts. [ 11 ] [ 12 ] [ 13 ] It is difficult to formulate accurate generalizations that cover all the countries with multiple legal professions, because each country has traditionally had its own peculiar method of dividing up legal work among all its different types of legal professionals. [ 14 ]
Notably, England , the mother of the common law jurisdictions, emerged from the Dark Ages with similar complexity in its legal professions, but then evolved by the 19th century to a single dichotomy between barristers and solicitors . An equivalent dichotomy developed between advocates and procurators in some civil law countries, though these two types did not always monopolize the practice of law as much as barristers and solicitors, in that they always coexisted with civil law notaries. [ 15 ] [ 16 ] [ 17 ]
Several countries that originally had two or more legal professions have since fused or united their professions into a single type of lawyer. [ 18 ] [ 19 ] [ 20 ] [ 21 ] Most countries in this category are common law countries, though France , a civil law country, merged together its jurists in 1990 and 1991 in response to Anglo-American competition. [ 22 ] In countries with fused professions, a lawyer is usually permitted to carry out all or nearly all the responsibilities listed below.
Oral argument in the courts
Arguing a client's case before a judge or jury in a court of law is the traditional province of the barrister in England, and of advocates in some civil law jurisdictions. [ 23 ] However, the boundary between barristers and solicitors has evolved. In England today, the barrister monopoly covers only appellate courts, and barristers must compete directly with solicitors in many trial courts. [ 24 ] In countries like the United States that have fused legal professions, there are trial lawyers who specialize in trying cases in court, but trial lawyers do not have a de jure monopoly like barristers. In some countries, litigants have the option of arguing pro se , or on their own behalf. It is common for litigants to appear unrepresented before certain courts like small claims courts ; indeed, many such courts do not allow lawyers to speak for their clients, in an effort to save money for all participants in a small case. [ 25 ] In other countries, like Venezuela , no one may appear before a judge unless represented by a lawyer. [ 26 ] The advantage of the latter regime is that lawyers are familiar with the court's customs and procedures, and make the legal system more efficient for all involved. Unrepresented parties often damage their own credibility or slow the court down as a result of their inexperience. [ 27 ] [ 28 ]
Research and drafting of court papers
Often, lawyers brief a court in writing on the issues in a case before the issues can be orally argued. They may have to perform extensive research into relevant facts and law while drafting legal papers and preparing for oral argument.
In England, the usual division of labour is that a solicitor will obtain the facts of the case from the client and then brief a barrister (usually in writing). [ 29 ] The barrister then researches and drafts the necessary court pleadings (which will be filed and served by the solicitor) and orally argues the case. [ 30 ]
In Spain , the procurator merely signs and presents the papers to the court, but it is the advocate who drafts the papers and argues the case. [ 31 ]
In some countries, like Japan , a scrivener or clerk may fill out court forms and draft simple papers for lay persons who cannot afford or do not need attorneys, and advise them on how to manage and argue their own cases. [ 32 ]
Advocacy (written and oral) in administrative hearings
In most developed countries, the legislature has granted original jurisdiction over highly technical matters to executive branch administrative agencies which oversee such things. As a result, some lawyers have become specialists in administrative law . In a few countries, there is a special category of jurists with a monopoly over this form of advocacy; for example, France formerly had conseils juridiques (who were merged into the main legal profession in 1991). [ 33 ] In other countries, like the United States , lawyers have been effectively barred by statute from certain types of administrative hearings in order to preserve their informality. [ 34 ]
Client intake and counseling (with regard to pending litigation)
An important aspect of a lawyer's job is developing and managing relationships with clients (or the client's employees, if the lawyer works in-house for a government or corporation). The client-lawyer relationship often begins with an intake interview where the lawyer gets to know the client personally, discovers the facts of the client's case, clarifies what the client wants to accomplish, shapes the client's expectations as to what actually can be accomplished, begins to develop various claims or defenses, and explains his or her fees to the client. [ 35 ] [ 36 ]
In England, only solicitors were traditionally in direct contact with the client. [ 37 ] The solicitor retained a barrister if one was necessary and acted as an intermediary between the barrister and the client. [ 38 ] In most cases a barrister would be obliged, under what is known as the "cab rank rule", to accept instructions for a case in an area in which they held themselves out as practising, at a court at which they normally appeared and at their usual rates. [ 39 ] [ 40 ]
Legal advice
Main article: Legal advice
Legal advice is the application of abstract principles of law to the concrete facts of the client's case in order to advise the client about what they should do next. In many countries, only a properly licensed lawyer may provide legal advice to clients for good consideration , even if no lawsuit is contemplated or is in progress. [ 41 ] [ 42 ] [ 43 ] Therefore, even conveyancers and corporate in-house counsel must first get a license to practice, though they may actually spend very little of their careers in court. Failure to obey such a rule is the crime of unauthorized practice of law . [ 44 ]
In other countries, jurists who hold law degrees are allowed to provide legal advice to individuals or to corporations, and it is irrelevant if they lack a license and cannot appear in court. [ 45 ] [ 46 ] Some countries go further; in England and Wales , there is no general prohibition on the giving of legal advice. [ 47 ] Sometimes civil law notaries are allowed to give legal advice, as in Belgium . [ 48 ] In many countries, non-jurist accountants may provide what is technically legal advice in tax and accounting matters. [ 49 ]
Protecting intellectual property
In virtually all countries, patents , trademarks , industrial designs and other forms of intellectual property must be formally registered with a government agency in order to receive maximum protection under the law. The division of such work among lawyers, licensed non-lawyer jurists/agents, and ordinary clerks or scriveners varies greatly from one country to the next. [ 32 ] [ 50 ]
Negotiating and drafting contracts
In some countries, the negotiating and drafting of contracts is considered to be similar to the provision of legal advice, so that it is subject to the licensing requirement explained above. [ 51 ] In others, jurists or notaries may negotiate or draft contracts. [ 52 ]
Lawyers in some civil law countries traditionally deprecated "transactional law" or "business law" as beneath them. French law firms developed transactional departments only in the 1990s when they started to lose business to international firms based in the United States and the United Kingdom (where solicitors have always done transactional work). [ 53 ]
Conveyancing
Conveyancing is the drafting of the documents necessary for the transfer of real property , such as deeds and mortgages . In some jurisdictions, all real estate transactions must be carried out by a lawyer (or a solicitor where that distinction still exists). [ 54 ] Such a monopoly is quite valuable from the lawyer's point of view; historically, conveyancing accounted for about half of English solicitors' income (though this has since changed), [ 55 ] and a 1978 study showed that conveyancing "accounts for as much as 80 percent of solicitor-client contact in New South Wales ." [ 56 ] In most common law jurisdictions outside of the United States, this monopoly arose from an 1804 law [ 57 ] that was introduced by William Pitt the Younger as a quid pro quo for the raising of fees on the certification of legal professionals such as barristers, solicitors, attorneys and notaries. [ 58 ]
In others, the use of a lawyer is optional and banks, title companies, or realtors may be used instead. [ 59 ] In some civil law jurisdictions, real estate transactions are handled by civil law notaries. [ 60 ] In England and Wales a special class of legal professional–the licensed conveyancer –is also allowed to carry out conveyancing services for reward. [ 61 ]
Carrying out the intent of the deceased
In many countries, only lawyers have the legal authority to draft wills , trusts , and any other documents that ensure the efficient disposition of a person's property after death. In some civil law countries this responsibility is handled by civil law notaries. [ 52 ]
In the United States, the estates of the deceased must generally be administered by a court through probate . American lawyers have a profitable monopoly on dispensing advice about probate law (which has been heavily criticized). [ 62 ]
Prosecution and defense of criminal suspects
In many civil law countries, prosecutors are trained and employed as part of the judiciary; they are law-trained jurists, but may not necessarily be lawyers in the sense that the word is used in the common law world. [ 63 ] In common law countries, prosecutors are usually lawyers holding regular licenses who simply happen to work for the government office that files criminal charges against suspects. Criminal defense lawyers specialize in the defense of those charged with any crimes. [ 64 ]
Education
Main article: Legal education
The educational prerequisites to becoming a lawyer vary greatly from country to country. In some countries, law is taught by a faculty of law , which is a department of a university's general undergraduate college. [ 65 ] Law students in those countries pursue a Master or Bachelor of Laws degree. In some countries it is common or even required for students to earn another bachelor's degree at the same time. Nor is the LL.B the sole obstacle; it is often followed by a series of advanced examinations, apprenticeships, and additional coursework at special government institutes. [ 66 ]
In other countries, particularly the United States, law is primarily taught at law schools . In the United States [ 67 ] and countries following the American model, (such as Canada [ 68 ] with the exception of the province of Quebec) law schools are graduate/professional schools where a bachelor's degree is a prerequisite for admission. Most law schools are part of universities but a few are independent institutions. Law schools in the United States (and many in Canada and elsewhere) award graduating students a J.D. ( Juris Doctor /Doctor of Jurisprudence) (as opposed to the Bachelor of Laws ) as the practitioner's law degree. Many schools also offer post-doctoral law degrees such as the LL.M (Legum Magister/Master of Laws), or the S.J.D. (Scientiae Juridicae Doctor/Doctor of Juridical Science) for students interested in advancing their research knowledge and credentials in a specific area of law. [ 69 ]
The methods and quality of legal education vary widely. Some countries require extensive clinical training in the form of apprenticeships or special clinical courses. [ 70 ] Others, like Venezuela, do not. [ 71 ] A few countries prefer to teach through assigned readings of judicial opinions (the casebook method ) followed by intense in-class cross-examination by the professor (the Socratic method ). [ 72 ] [ 73 ] Many others have only lectures on highly abstract legal doctrines, which forces young lawyers to figure out how to actually think and write like a lawyer at their first apprenticeship (or job). [ 74 ] [ 75 ] [ 76 ] Depending upon the country, a typical class size could range from five students in a seminar to five hundred in a giant lecture room. In the United States, law schools maintain small class sizes, and as such, grant admissions on a more limited and competitive basis. [ 77 ]
Some countries, particularly industrialized ones, have a traditional preference for full-time law programs, [ 78 ] while in developing countries, students often work full- or part-time to pay the tuition and fees of their part-time law programs. [ 79 ] [ 80 ]
Law schools in developing countries share several common problems, such as an overreliance on practicing judges and lawyers who treat teaching as a part-time hobby (and a concomitant scarcity of full-time law professors); [ 81 ] [ 82 ] incompetent faculty with questionable credentials; [ 83 ] and textbooks that lag behind the current state of the law by two or three decades. [ 81 ] [ 84 ]
Earning the right to practice law
Main article: Admission to practice law
Some jurisdictions grant a " diploma privilege " to certain institutions, so that merely earning a degree or credential from those institutions is the primary qualification for practicing law. [ 85 ] Mexico allows anyone with a law degree to practice law. [ 86 ] However, in a large number of countries, a law student must pass a bar examination (or a series of such examinations) before receiving a license to practice. [ 85 ] [ 87 ] [ 88 ] In a handful of U.S. states , one may become an attorney (a so-called country lawyer ) by simply " reading law " and passing the bar examination, without having to attend law school first (although very few people actually become lawyers that way). [ 89 ]
Some countries require a formal apprenticeship with an experienced practitioner, while others do not. [ 90 ] For example, a few jurisdictions still allow an apprenticeship in place of any kind of formal legal education (though the number of persons who actually become lawyers that way is increasingly rare). [ 91 ]
Career structure




U.S. President Abraham Lincoln is a famous example of a lawyer-turned-politician.


The career structure of lawyers varies widely from one country to the next.
Common law/civil law
In most common law countries, especially those with fused professions, lawyers have many options over the course of their careers. Besides private practice, they can become a prosecutor , government counsel, corporate in-house counsel, administrative law judge , judge , arbitrator , law professor , or politician . [ 92 ] There are also many non-legal jobs which legal training is good preparation for, such as corporate executive , government administrator, investment banker , entrepreneur , or journalist . [ 93 ] In developing countries like India, a large majority of law students never actually practice, but simply use their law degree as a foundation for careers in other fields. [ 94 ]
In most civil law countries, lawyers generally structure their legal education around their chosen specialty; the boundaries between different types of lawyers are carefully defined and hard to cross. After one earns a law degree, career mobility may be severely constrained. [ 95 ] For example, unlike their American counterparts, [ 96 ] it is difficult for German judges to leave the bench and become advocates in private practice. [ 97 ] Another interesting example is France, where for much of the 20th century, all judiciary officials were graduates of an elite professional school for judges. Although the French judiciary has begun experimenting with the Anglo-American model of appointing judges from accomplished advocates, the few advocates who have actually joined the bench this way are looked down upon by their colleagues who have taken the traditional route to judicial office. [ 98 ]
In a few civil law countries, such as Sweden , [ 99 ] the legal profession is not rigorously bifurcated and everyone within it can easily change roles and arenas.
Specialization
In many countries, lawyers are general practitioners who will take almost any kind of case that walks in the door. [ 100 ] In others, there has been a tendency since the start of the 20th century for lawyers to specialize early in their careers. [ 101 ] [ 102 ] In countries where specialization is prevalent, many lawyers specialize in representing one side in one particular area of the law; thus, it is common in the United States to hear of plaintiffs' personal injury attorneys. [ 103 ]
Organization
Main article: Law firm
Lawyers in private practice generally work in specialized businesses known as law firms , [ 104 ] with the exception of English barristers. The vast majority of law firms worldwide are small businesses that range in size from 1 to 10 lawyers. [ 105 ] The United States, with its large number of firms with more than 50 lawyers, is an exception. [ 106 ] The United Kingdom and Australia are also exceptions, as the UK, Australia and the U.S. are now home to several firms with more than 1,000 lawyers after a wave of mergers in the late 1990s.
Notably, barristers in England and Wales and some states in Australia do not work in "law firms". Those who offer their services to the general public—as opposed to those working "in house"—are required to be self-employed. [ 107 ] Most work in groupings known as "sets" or "chambers", where some administrative and marketing costs are shared. An important effect of this different organizational structure is that there is no conflict of interest where barristers in the same chambers work for opposing sides in a case, and in some specialised chambers this is commonplace.
Professional associations and regulation
Mandatory licensing and membership in professional organizations
In some jurisdictions, either the judiciary [ 108 ] or the Ministry of Justice [ 109 ] directly supervises the admission, licensing, and regulation of lawyers.
Other jurisdictions, by statute, tradition, or court order, have granted such powers to a professional association which all lawyers must belong to. [ 110 ] In the U.S., such associations are known as mandatory, integrated, or unified bar associations . In the Commonwealth of Nations, similar organizations are known as Inns of Court , bar councils or law societies . [ 111 ] In civil law countries, comparable organizations are known as Orders of Advocates, [ 112 ] Chambers of Advocates, [ 113 ] Colleges of Advocates, [ 114 ] Faculties of Advocates, [ 115 ] or similar names. Generally, a nonmember caught practicing law may be liable for the crime of unauthorized practice of law . [ 116 ]
In common law countries with divided legal professions, barristers traditionally belong to the bar council (or an Inn of Court) and solicitors belong to the law society. In the English-speaking world, the largest mandatory professional association of lawyers is the State Bar of California , with 200,000 members.
Some countries admit and regulate lawyers at the national level, so that a lawyer, once licensed, can argue cases in any court in the land. This is common in small countries like New Zealand , Japan, and Belgium. [ 117 ] Others, especially those with federal governments, tend to regulate lawyers at the state or provincial level; this is the case in the United States, [ 118 ] Canada, [ 119 ] Australia, [ 120 ] and Switzerland, [ 121 ] to name a few. Brazil is the most well-known federal government that regulates lawyers at the national level. [ 122 ]
Some countries, like Italy, regulate lawyers at the regional level, [ 123 ] and a few, like Belgium, even regulate them at the local level (that is, they are licensed and regulated by the local equivalent of bar associations but can advocate in courts nationwide). [ 124 ] In Germany, lawyers are admitted to regional bars and may appear for clients before all courts nationwide with the exception of the Federal Court of Justice of Germany ( Bundesgerichtshof or BGH); oddly, securing admission to the BGH's bar limits a lawyer's practice solely to the supreme federal courts and the Federal Constitutional Court of Germany . [ 125 ]
Generally, geographic limitations can be troublesome for a lawyer who discovers that his client's cause requires him to litigate in a court beyond the normal geographic scope of his license. Although most courts have special pro hac vice rules for such occasions, the lawyer will still have to deal with a different set of professional responsibility rules, as well as the possibility of other differences in substantive and procedural law.
Some countries grant licenses to non-resident lawyers, who may then appear regularly on behalf of foreign clients. Others require all lawyers to live in the jurisdiction or to even hold national citizenship as a prerequisite for receiving a license to practice. But the trend in industrialized countries since the 1970s has been to abolish citizenship and residency restrictions. For example, the Supreme Court of Canada struck down a citizenship requirement on equality rights grounds in 1989, [ 126 ] and similarly, American citizenship and residency requirements were struck down as unconstitutional by the U.S. Supreme Court in 1973 and 1985, respectively. [ 127 ] The European Court of Justice made similar decisions in 1974 and 1977 striking down citizenship restrictions in Belgium and France. [ 128 ]
Who regulates lawyers
A key difference among countries is whether lawyers should be regulated solely by an independent judiciary and its subordinate institutions (a self-regulating legal profession), [ 129 ] or whether lawyers should be subject to supervision by the Ministry of Justice in the executive branch .
In most civil law countries, the government has traditionally exercised tight control over the legal profession in order to ensure a steady supply of loyal judges and bureaucrats. That is, lawyers were expected first and foremost to serve the state, and the availability of counsel for private litigants was an afterthought. [ 130 ] Even in civil law countries like Norway which have partially self-regulating professions, the Ministry of Justice is the sole issuer of licenses, and makes its own independent re-evaluation of a lawyer's fitness to practice after a lawyer has been expelled from the Advocates' Association. [ 109 ] Brazil is an unusual exception in that its national Order of Advocates has become a fully self-regulating institution (with direct control over licensing) and has successfully resisted government attempts to place it under the control of the Ministry of Labor. [ 131 ] [ 132 ]
Of all the civil law countries, Communist countries historically went the farthest towards total state control, with all Communist lawyers forced to practice in collectives by the mid-1950s. [ 133 ] [ 134 ] China is a prime example: technically, the People's Republic of China did not have lawyers, and instead had only poorly-trained, state-employed "legal workers," prior to the enactment of a comprehensive reform package in 1996 by the Standing Committee of the National People's Congress. [ 135 ]
In contrast, common law lawyers have traditionally regulated themselves through institutions where the influence of non-lawyers, if any, was weak and indirect (despite nominal state control). [ 136 ] Such institutions have been traditionally dominated by private practitioners who opposed strong state control of the profession on the grounds that it would endanger the ability of lawyers to zealously and competently advocate their clients' causes in the adversarial system of justice. [ 137 ]
However, the concept of the self-regulating profession has been criticized as a sham which serves to legitimize the professional monopoly while protecting the profession from public scrutiny. [ 138 ] Disciplinary mechanisms have been astonishingly ineffective, and penalties have been light or nonexistent. [ 139 ] [ 140 ] [ 141 ]
Voluntary associations of lawyers
Lawyers are always free to form voluntary associations of their own, apart from any licensing or mandatory membership that may be required by the laws of their jurisdiction. Like their mandatory counterparts, such organizations may exist at all geographic levels. [ 86 ] [ 142 ] In American English, such associations are known as voluntary bar associations. [ 143 ] The largest voluntary professional association of lawyers in the English-speaking world is the American Bar Association .
In some countries, like France and Italy, lawyers have also formed trade unions . [ 144 ]
Cultural perception of lawyers
Hostility towards the legal profession is a widespread phenomenon. The legal profession was abolished in Prussia in 1780 and in France in 1789, though both countries eventually realized that their judicial systems could not function efficiently without lawyers. [ 145 ] Complaints about too many lawyers were common in both England and the United States in the 1840s [ 146 ] [ 147 ] Germany in the 1910s, [ 148 ] and in Australia, [ 149 ] Canada, [ 150 ] the United States, [ 151 ] [ 152 ] [ 153 ] and Scotland [ 154 ] in the 1980s.
Public distrust of lawyers reached record heights in the United States after the Watergate scandal . [ 153 ] [ 155 ] In the aftermath of Watergate, legal self-help books became popular among those who wished to solve their legal problems without having to deal with lawyers. [ 156 ] Lawyer jokes (already a perennial favorite) also soared in popularity in English -speaking North America as a result of Watergate. [ 157 ] In 1989, American legal self-help publisher Nolo Press published a 171-page compilation of negative anecdotes about lawyers from throughout human history. [ 158 ]
In Adventures in Law and Justice (2003), legal researcher Bryan Horrigan dedicated a chapter to "Myths, Fictions, and Realities" about law and illustrated the perennial criticism of lawyers as "amoral [...] guns for hire" [ 159 ] with a quote from Ambrose Bierce 's satirical The Devil's Dictionary (1911) that summarized the noun as: "LAWYER, n. One skilled in circumvention of the law." [ 160 ]
More generally, in Legal Ethics: A Comparative Study (2004), law professor Geoffrey C. Hazard, Jr. with Angelo Dondi briefly examined the "regulations attempting to suppress lawyer misconduct" and noted that their similarity around the world was paralleled by a "remarkable consistency" in certain "persistant [sic?] grievances" about lawyers that transcends both time and locale, from the Bible to medieval England to dynastic China. [ 161 ] The authors then generalized these common complaints about lawyers as being classified into five "general categories" as follows:





abuse of litigation in various ways, including using dilatory tactics and false evidence and making frivolous arguments to the courts;
preparation of false documentation, such as false deeds, contracts, or wills;
deceiving clients and other persons and misappropriating property;
procrastination in dealings with clients; and
charging excessive fees. [ 161 ]





Compensation
Main article: Attorney's fee
Lawyers are paid for their work in a variety of ways. In private practice, they may work for an hourly fee according to a billable hour structure, [ 162 ] a contingency fee [ 163 ] (usually in cases involving personal injury ), or a lump sum payment if the matter is straightforward. Normally, most lawyers negotiate a written fee agreement up front and may require a non-refundable retainer in advance. In many countries there are fee-shifting arrangements by which the loser must pay the winner's fees and costs; the United States is the major exception, [ 164 ] although in turn, its legislators have carved out many exceptions to the so-called "American Rule" of no fee shifting.
Lawyers working directly on the payroll of governments, nonprofits, and corporations usually earn a regular annual salary. [ 165 ] In many countries, with the notable exception of Germany, [ 166 ] lawyers can also volunteer their labor in the service of worthy causes through an arrangement called pro bono (short for pro bono publico , "for the common good"). [ 167 ] Traditionally such work was performed on behalf of the poor, but in some countries it has now expanded to many other causes such as the environment .
In some countries, there are legal aid lawyers who specialize in providing legal services to the indigent. [ 168 ] [ 169 ] France and Spain even have formal fee structures by which lawyers are compensated by the government for legal aid cases on a per-case basis. [ 170 ] A similar system, though not as extensive or generous, operates in Australia, Canada, as well as South Africa. [ citation needed ]
In other countries, legal aid specialists are practically nonexistent. This may be because non-lawyers are allowed to provide such services; in both Italy and Belgium , trade unions and political parties provide what can be characterized as legal aid services. [ 171 ] Some legal aid in Belgium is also provided by young lawyer apprentices subsidized by local bar associations (known as the pro deo system), as well as consumer protection nonprofit organizations and Public Assistance Agencies subsidized by local governments. [ 172 ] In Germany, mandatory fee structures have enabled widespread implementation of affordable legal expense insurance. [ 173 ]
History
Main article: History of the legal profession




16th century painting of a civil law notary , by Flemish painter Quentin Massys . A civil law notary is roughly analogous to a common law solicitor , except that, unlike solicitors, civil law notaries do not practice litigation to any degree.


Ancient Greece
The earliest people who could be described as "lawyers" were probably the orators of ancient Athens (see History of Athens ). However, Athenian orators faced serious structural obstacles. First, there was a rule that individuals were supposed to plead their own cases, which was soon bypassed by the increasing tendency of individuals to ask a "friend" for assistance. [ 174 ] However, around the middle of the fourth century, the Athenians disposed of the perfunctory request for a friend. [ 175 ] Second, a more serious obstacle, which the Athenian orators never completely overcame, was the rule that no one could take a fee to plead the cause of another. This law was widely disregarded in practice, but was never abolished, which meant that orators could never present themselves as legal professionals or experts. [ 176 ] They had to uphold the legal fiction that they were merely an ordinary citizen generously helping out a friend for free, and thus they could never organize into a real profession—with professional associations and titles and all the other pomp and circumstance—like their modern counterparts. [ 177 ] Therefore, if one narrows the definition to those men who could practice the legal profession openly and legally, then the first lawyers would have to be the orators of ancient Rome . [ 178 ]
Early Ancient Rome
A law enacted in 204 BC barred Roman advocates from taking fees, but the law was widely ignored. [ 179 ] The ban on fees was abolished by Emperor Claudius , who legalized advocacy as a profession and allowed the Roman advocates to become the first lawyers who could practice openly—but he also imposed a fee ceiling of 10,000 sesterces . [ 180 ] This was apparently not much money; the Satires of Juvenal complain that there was no money in working as an advocate. [ 181 ]
Like their Greek contemporaries, early Roman advocates were trained in rhetoric , not law, and the judges before whom they argued were also not law-trained. [ 182 ] But very early on, unlike Athens, Rome developed a class of specialists who were learned in the law, known as jurisconsults ( iuris consulti ). [ 183 ] Jurisconsults were wealthy amateurs who dabbled in law as an intellectual hobby; they did not make their primary living from it. [ 183 ] They gave legal opinions ( responsa ) on legal issues to all comers (a practice known as publice respondere ). [ 184 ] Roman judges and governors would routinely consult with an advisory panel of jurisconsults before rendering a decision, and advocates and ordinary people also went to jurisconsults for legal opinions. [ 183 ] Thus, the Romans were the first to have a class of people who spent their days thinking about legal problems, and this is why their law became so "precise, detailed, and technical." [ 183 ]
Late Ancient Rome
During the Roman Republic and the early Roman Empire , jurisconsults and advocates were unregulated, since the former were amateurs and the latter were technically illegal. [ 185 ] Any citizen could call himself an advocate or a legal expert, though whether people believed him would depend upon his personal reputation. This changed once Claudius legalized the legal profession. By the start of the Byzantine Empire , the legal profession had become well-established, heavily regulated, and highly stratified. [ 186 ] The centralization and bureaucratization of the profession was apparently gradual at first, but accelerated during the reign of Emperor Hadrian . [ 187 ] At the same time, the jurisconsults went into decline during the imperial period. [ 188 ]
In the words of Fritz Schulz, "by the fourth century things had changed in the eastern Empire: advocates now were really lawyers." [ 189 ] For example, by the fourth century, advocates had to be enrolled on the bar of a court to argue before it, they could only be attached to one court at a time, and there were restrictions (which came and went depending upon who was emperor) on how many advocates could be enrolled at a particular court. [ 190 ] By the 380s, advocates were studying law in addition to rhetoric (thus reducing the need for a separate class of jurisconsults); in 460, Emperor Leo imposed a requirement that new advocates seeking admission had to produce testimonials from their teachers; and by the sixth century, a regular course of legal study lasting about four years was required for admission. [ 191 ] Claudius's fee ceiling lasted all the way into the Byzantine period, though by then it was measured at 100 solidi . [ 192 ] Of course, it was widely evaded, either through demands for maintenance and expenses or a sub rosa barter transaction. [ 192 ] The latter was cause for disbarment. [ 192 ]
The notaries ( tabelliones ) appeared in the late Roman Empire. Like their modern-day descendants, the civil law notaries, they were responsible for drafting wills, conveyances, and contracts. [ 193 ] They were ubiquitous and most villages had one. [ 193 ] In Roman times, notaries were widely considered to be inferior to advocates and jurisconsults. [ 193 ] Roman notaries were not law-trained; they were barely literate hacks who wrapped the simplest transactions in mountains of legal jargon, since they were paid by the line. [ 194 ]
Middle Ages
After the fall of the western Empire and the onset of the Dark Ages, the legal profession of Western Europe collapsed. As James Brundage has explained: "[by 1140], no one in Western Europe could properly be described as a professional lawyer or a professional canonist in anything like the modern sense of the term 'professional.' " [ 195 ] However, from 1150 onward, a small but increasing number of men became experts in canon law but only in furtherance of other occupational goals, such as serving the Roman Catholic Church as priests. [ 196 ] From 1190 to 1230, however, there was a crucial shift in which some men began to practice canon law as a lifelong profession in itself. [ 197 ]
The legal profession's return was marked by the renewed efforts of church and state to regulate it. In 1231 two French councils mandated that lawyers had to swear an oath of admission before practicing before the bishop's courts in their regions, and a similar oath was promulgated by the papal legate in London in 1237. [ 198 ] During the same decade, Frederick II, the emperor of the Kingdom of Sicily, imposed a similar oath in his civil courts. [ 199 ] By 1250 the nucleus of a new legal profession had clearly formed. [ 200 ] The new trend towards professionalization culminated in a controversial proposal at the Second Council of Lyon in 1275 that all ecclesiastical courts should require an oath of admission. [ 201 ] Although not adopted by the council, it was highly influential in many such courts throughout Europe. [ 201 ] The civil courts in England also joined the trend towards professionalization; in 1275 a statute was enacted that prescribed punishment for professional lawyers guilty of deceit, and in 1280 the mayor's court of the city of London promulgated regulations concerning admission procedures, including the administering of an oath. [ 202 ]
Titles
Generally speaking, the modern practice is for lawyers to avoid use of any title, although formal practice varies across the world.
Historically lawyers in most European countries were addressed with the title of doctor, and countries outside of Europe have generally followed the practice of the European country which had policy influence through "modernization" or "colonialization." The first university degrees, starting with the law school of the University of Bologna (or glossators) in the 11th century, were all law degrees and doctorates. [ 203 ] Degrees in other fields did not start until the 13th century, but the doctor continued to be the only degree offered at many of the old universities until the 20th century. Therefore, in many of the southern European countries, including Portugal and Italy, [ 204 ] lawyers have traditionally been addressed as “doctor,” a practice which was transferred to many countries in South America [ 205 ] (including Macau in China). [ 206 ] The term "doctor" has since fallen into disuse, although it is still a legal title in Italy and in use in many countries outside of Europe. [ 207 ]
The title of doctor has never been used to address lawyers in England or other common law countries (with the exception of the United States). This is because until 1846 lawyers in England were not required to have a university degree and were trained by other attorneys by apprenticeship or in the Inns of Court. [ 208 ] Since law degrees started to become a requirement for lawyers in England, the degree awarded has been the undergraduate LL.B.
Even though most lawyers in the United States do not use any titles, the law degree in that country is the Juris Doctor , a professional doctorate degree, [ 209 ] and some J.D. holders in the United States use the title of "Doctor" in professional [ 210 ] and academic situations. [ 211 ] In countries where holders of the first law degree traditionally use the title of doctor (e.g. Peru, Brazil, Macau, Portugal, Argentina, and Italy), [ 212 ] J.D. holders who are attorneys will often use the title of doctor as well. [ 213 ] It is not uncommon for English-language lawyers, especially in the United States, to use the honorific suffix "Esq." (for "Esquire"), irrespective of whether the lawyer is male or female. [ 214 ]
In many Asian countries, the proper title for a lawyer is simply, "lawyer", but holders of the Juris Doctor degree are also called "博士" (doctor). [ 215 ]
See also






Ambulance chaser (derogatory)
Advocate
Advokat
Attorney at law
Avocats Sans Frontières
Barrister , pupil barrister
Corporate lawyer
Counsel
Court dress






Esquire
Fiduciary
Law broker
Law firm
Legal Executive [ 216 ]
Legalese
Licensed Conveyancer [ 217 ]
List of jurists
Notary public






Practice of law
Privilege of the predecessors
Prosecutor
Public defender
Rules lawyer (derogatory)
Scrivener
Shyster (derogatory)
Solicitor , trainee solicitor
St. Ivo of Kermartin (patron saint of lawyers)





car accident


A traffic collision ( motor vehicle collision , motor vehicle accident , car accident , or car crash ) is when a road vehicle collides with another vehicle, pedestrian , animal , road debris , or other geographical or architectural obstacle. Traffic collisions can result in injury, property damage, and death.
A number of factors contribute to the risk of collision including; vehicle design, speed of operation, road design, and driver impairment. Worldwide motor vehicle collisions lead to significant death and disability as well as significant financial costs to both society and the individual.




Contents


1 Terminology
2 Classification
3 Fatality
4 Causes

4.1 Driver behaviour

4.1.1 Motor vehicle speed
4.1.2 Driver impairment


4.2 Road design
4.3 Vehicle design and maintenance


5 Prevention
6 Public health

6.1 United Nations response


7 Epidemiology

7.1 Crash rates


8 History
9 Society and culture

9.1 Economic costs
9.2 Legal consequences
9.3 In popular culture


10 Gallery
11 See also
12 Notes
13 External links





//

Terminology
Many different terms are commonly used to describe vehicle collisions. The World Health Organization use the term road traffic injury , [ 1 ] while the U.S. Census Bureau uses the term motor vehicle accidents (MVA) [ 2 ] and Transport Canada uses the term "motor vehicle traffic collision". [ 3 ] Other terms that are commonly used include auto accident , car accident , car crash , car smash , car wreck , motor vehicle collision (MVC) , personal injury collision (PIC) , road accident , road traffic accident (RTA) , road traffic collision (RTC) , road traffic incident (RTI) , road traffic accident and later road traffic collision , as well as more unofficial terms including smash-up and fender bender .
As the factors involved in collisions have become better understood, some organizations have begun to avoid the term "accident," as the word suggests an unpreventable, unpredictable event and disregards the opportunity for the driver(s) involved to avoid the crash. Although auto collisions are rare in terms of the number of vehicles on the road and the distance they travel, addressing the contributing factors can reduce their likelihood. For example, proper signage can decrease driver error and thereby reduce crash frequency by a third or more. [ 4 ] That is why these organizations prefer the term "collision" rather than "accident".
However, treating collisions as anything other than "accidents" has been criticized for holding back safety improvements, because a culture of blame may discourage the involved parties from fully disclosing the facts, and thus frustrate attempts to address the real root causes . [ 5 ]
Classification
Main article: Road accident types
Motor vehicle collisions can be classified by mechanism. Common mechanisms include head-on collisions , run-off-road collisions , rear-end collisions , side collision , and rollovers .
Fatality
The definition of a road-traffic fatality varies from country to country. In the United States, for example, the definition used in the Fatality Analysis Reporting System (FARS) [ 6 ] run by the NHTSA is a person who dies within 30 days of a crash on a US public road involving a vehicle with an engine, the death being the result of the crash. In the U.S., therefore, if a driver has a non-fatal heart attack that leads to a road-traffic crash that causes death, that is a road-traffic fatality. However, if the heart attack causes death prior to the crash, then that is not a road-traffic fatality.
The definition of a road accident fatality can change with time in the same country. For example, fatality is defined in France as a person who dies in the 6 days (pre 2005) after the accident; in the 30 days (post 2005) after the accident. [ 7 ] .
Causes
A 1985 study by K. Rumar, using British and American crash reports as data, found that 57% of crashes were due solely to driver factors, 27% to combined roadway and driver factors, 6% to combined vehicle and driver factors, 3% solely to roadway factors, 3% to combined roadway, driver, and vehicle factors, 2% solely to vehicle factors and 1% to combined roadway and vehicle factors. [ 8 ]
Driver behaviour
A 1985 report based on British and American crash data found driver error, intoxication and other human factors contribute wholly or partly to about 93% of crashes. [ 8 ]
An RAC survey found most British drivers think they're better drivers than non-British drivers. Nearly all drivers who'd been in a crash did not believe themselves to be at fault. [ 9 ] One survey of drivers reported that they thought the key elements of good driving were: [ 10 ]

controlling a car including a good awareness of the car's size and capabilities
reading and reacting to road conditions, weather, road signs and the environment
alertness, reading and anticipating the behaviour of other drivers.

Although proficiency in these skills is taught and tested as part of the driving exam, a 'good' driver can still be at a high risk of crashing because:

...the feeling of being confident in more and more challenging situations is experienced as evidence of driving ability, and that 'proven' ability reinforces the feelings of confidence. Confidence feeds itself and grows unchecked until something happens – a near-miss or an accident. [ 10 ]

An AXA survey concluded Irish drivers are very safety-conscious relative to other European drivers. However, this does not translate to significantly lower crash rates in Ireland. [ 11 ]
Accompanying changes to road designs have been wide-scale adoptions of rules of the road alongside law enforcement policies that included drink-driving laws, setting of speed limits, and speed enforcement systems such as speed cameras . Some countries' driving tests have been expanded to test a new driver's behavior during emergencies, and their hazard perception.
There are demographic differences in crash rates. For example, although young people tend to have good reaction times, disproportionately more young male drivers feature in accidents, [ 12 ] with researchers observing that many exhibit behaviors and attitudes to risk that can place them in more hazardous situations than other road users. [ 10 ] This gets reflected by actuaries when they set insurance rates for different age groups, partly based on their age, sex, and choice of vehicle. Older drivers with slower reactions would be expected to be involved in more accidents, but this has not been the case as they tend to drive less and, apparently, more cautiously. [ 13 ] Attempts to impose traffic policies can be complicated by local circumstances and driver behaviour. In 1969 Leeming warned that there is a balance to be struck when "improving" the safety of a road: [ 14 ]
It can safely be said that many places which look dangerous do not have accidents, or very few. Conversely, a location that does not look dangerous may have a high crash frequency. The reason for this is simple. If drivers perceive a location as hazardous, they take more care and there are no accidents. Accidents happen when hazardous road or traffic conditions are not obvious at a glance, or where the conditions are too complicated for the limited human machine to perceive and react in the time and distance available.
This phenomena has been observed in risk compensation research, where the predicted reductions in accident rates have not occurred after legislative or technical changes. One study observed that the introduction of improved brakes resulted in more aggressive driving, [ 15 ] and another argued that compulsory seat belt laws have not been accompanied by a clearly-attributed fall in overall fatalities. [ 16 ]
In the 1990s Hans Monderman 's studies of driver behavior led him to the realization that signs and regulations had an adverse effect on a driver's ability to interact safely with other road users. Monderman developed shared space principles, rooted in the principles of the woonerven of the 1970s. He found that the removal of highway clutter, while allowing drivers and other road users to mingle with equal priority, could help drivers recognize environmental clues. They relied on their cognitive skills alone, reducing traffic speeds radically and resulting in lower levels of road casualties and lower levels of congestion. [ 17 ]
Motor vehicle speed




Relative risk of speeding in an urban 60 km/hr zone. [ 18 ]


The U.S. Department of transportation's Federal Highway Administration review research on traffic speed in 1998. [ 19 ] The summary states:

That the evidence shows that the risk of having a crash is increased both for vehicles traveling slower than the average speed, and for those traveling above the average speed.
That the risk of being injured increases exponentially with speeds much faster than the median speed.
That the severity of a crash depends on the vehicle speed change at impact.
That there is limited evidence that suggests that lower speed limits result in lower speeds on a system wide basis.
That most crashes related to speed involve speed too fast for the conditions.
That more research is needed to determine the effectiveness of traffic calming.

The Road and Traffic Authority (RTA) of the Australian state of New South Wales (NSW) asserts speeding (travelling too fast for the prevailing conditions or above the posted speed limit [ 20 ] ) is a factor in about 40 percent of road deaths. [ 21 ] The RTA also say speeding increases the risk of a crash and its severity. [ 21 ] On another webpage, the RTA qualify their claims by referring to one specific piece of research from 1997, and stating "research has shown that the risk of a crash causing death or injury increases rapidly, even with small increases above an appropriately set speed limit." [ 22 ]
The contributory factor report in the official British road casualty statistics show for 2006, that "exceeding speed limit" was a contributory factor in 5% of all casualty crashes (14% of all fatal crashes), and that "travelling too fast for conditions" was a contributory factor in 11% of all casualty crashes (18% of all fatal crashes). [ 23 ]
Driver impairment

Alcohol





Relative risk of an accident based on blood alcohol levels. [ 18 ]


In Canada 33.8% of motor vehicle deaths were associated with alcohol use. [ 24 ] See also: alcohol-related traffic crashes in the United States ;

Physical impairment

Poor eyesight and/or physical impairment , with many jurisdictions setting simple sight tests and/or requiring appropriate vehicle modifications before being allowed to drive;

Old age

Old age , with some jurisdictions requiring driver retesting for reaction speed and eyesight after a certain age;

Sleep deprivation

Fatigue ;

Drug use

Including some prescription drugs , over the counter drugs (notably antihistamines , opioids and muscarinic antagonists ), and illegal drugs .
Several conditions can work together to create a much worse situation, for example:

Combining low doses of alcohol and cannabis has a more severe effect on driving performance than either cannabis or alcohol in isolation, [ 25 ] or
Taking recommended doses of several drugs together, which individually will not cause impairment, may combine to bring on drowsiness or other impairment. This could be more pronounced in an elderly person whose renal function is less efficient than a younger person's. [ 26 ]

Thus there are situations when a person may be impaired, but still legally allowed to drive, and becomes a potential hazard to themselves and other road users. Pedestrians or cyclists are affected in the same way and can similarly jeopardize themselves or others when on the road.
Research suggests that the driver's attention is affected by distracting sounds such as conversations and operating a mobile phone while driving . Many jurisdictions now restrict or outlaw the use of some types of phone within the car. Recent research conducted by British scientists suggests that music can also have an effect; classical music is considered to be calming, yet too much could relax the driver to a condition of distraction. On the other hand, hard rock may encourage the driver to step on the acceleration pedal, thus creating a potentially dangerous situation on the road. [ 27 ]
Road design
Main article: Road safety




A potential long fall stopped by an early guardrail, ca. 1920. Guardrails , median barriers , or other physical objects can help reduce the consequences of an accident or minimize damage.


A 1985 US study showed that about 34% of serious crashes had contributing factors related to the roadway or its environment. Most of these crashes also involved a human factor. [ 8 ] The road or environmental factor was either noted as making a significant contribution to the circumstances of the crash, or did not allow room to recover. In these circumstances it is frequently the driver who is blamed rather than the road; those reporting the accident have a tendency to overlook the human factors involved, such as the subtleties of design and maintenance that a driver could fail to observe or inadequately compensate for. [ 28 ]
Research has shown that careful design and maintenance, with well-designed intersections, road surfaces, visibility and traffic control devices, can result in significant improvements in accident rates. Individual roads also have widely differing performance in the event of an impact. In Europe there are now EuroRAP tests that indicate how "self-explaining" and forgiving a particular road and its roadside would be in the event of a major incident.
In the UK, research has shown that investment in a safe road infrastructure programme could yield a ⅓ reduction in road deaths saving as much as £6billion per year. [ 29 ] A consortium of 13 major road safety stakeholders have formed the Campaign for Safe Road Design which is calling on the UK Government to make safe road design a national transport priority.
Vehicle design and maintenance
Main article: Automobile safety




A Chevrolet Malibu involved in a rollover crash



Seatbelts

Research has shown that, across all collision types, it is less likely that seat belts were worn in collisions involving death or serious injury, rather than light injury; wearing a seat belt reduces the risk of death by about two thirds. [ 30 ] Seat belt use is controversial, with notable critics such as Professor John Adams suggesting that their use may lead to a net increase in road casualties due to a phenomenon known as risk compensation . [ 31 ]

Maintenance

A well-designed and well-maintained vehicle, with good brakes, tires and well-adjusted suspension will be more controllable in an emergency and thus be better equipped to avoid collisions. Some mandatory vehicle inspection schemes include tests for some aspects of road worthiness, such as the UK's MOT test or German TÜV conformance inspection.
The design of vehicles has also evolved to improve protection after collision, both for vehicle occupants and for those outside of the vehicle. Much of this work was led by automotive industry competition and technological innovation, leading to measures such as Saab 's safety cage and reinforced roof pillars of 1946, Ford´s 1956 Lifeguard safety package, and Saab and Volvo 's introduction of standard fit seatbelts in 1959. Other initiatives were accelerated as a reaction to consumer pressure, after publications such as Ralph Nader 's 1965 book Unsafe at Any Speed accused motor manufacturers of indifference towards safety.
In the early 1970s British Leyland started an intensive programme of vehicle safety research, producing a number of prototype experimental safety vehicles demonstrating various innovations for occupant and pedestrian protection such as: air bags , anti-lock brakes , impact-absorbing side-panels, front and rear head restraints, run-flat tyres, smooth and deformable front-ends, impact-absorbing bumpers, and retractable headlamps. [ 32 ] Design has also been influenced by government legislation, such as the Euro NCAP impact test .
Common features designed to improve safety include: thicker pillars, safety glass, interiors with no sharp edges, stronger bodies , other active or passive safety features, and smooth exteriors to reduce the consequences of an impact with pedestrians.
The UK Department for Transport publish road casualty statistics for each type of collision and vehicle through its Road Casualties Great Britain report. [ 33 ] These statistics show a ten to one ratio of in-vehicle fatalities between types of car. In most cars, occupants have a 2–8% chance of death in a two-car collision.

Center of gravity

Some types of crash tend to have more serious consequences; rollovers have become more common in recent years, perhaps due to the increase in popularity of taller SUVs , people carriers and minivans which have more top weight than standard passenger cars. Rollovers can be fatal, especially if the occupants are ejected because they were not wearing seat belts (83% of ejections during rollovers were fatal when the driver did not wear a seat belt, compared to 25% when they did). [ 30 ] After a new design of Mercedes Benz notoriously failed a ' moose test ' (sudden swerving to avoid an obstacle), some manufacturers enhance suspension using stability control linked to an anti-lock braking system in order to reduce the likelihood of rollover. After retrofitting these systems to its models in 1999–2000, Mercedes saw its models involved in fewer crashes [ 34 ]
Now about 40% of new US vehicles, mainly the SUVs, vans and pickup trucks that are more susceptible to rollover, are being produced with a lower center of gravity and enhanced suspension with stability control linked to its anti-lock braking system in order to reduce the risk of rollover, and meet US federal requirements that will mandate anti-rollover technology by September 2011. [ 35 ]

Motorcycles

Motorcyclists have little protection other than their clothing ; this difference is reflected in the casualty statistics, where they are more than twice as likely to suffer severely after a collision. In 2005 there were 198,735 road crashes with 271,017 reported casualties on roads in Great Britain. This included 3,201 deaths (1.1%) and 28,954 serious injuries (10.7%) overall. Of these casualties 178,302 (66%) were car users and 24,824 (9%) were motorcyclists, of whom 569 were killed (2.3%) and 5,939 seriously injured (24%). [ 36 ]
Prevention
A large body of knowledge has been amassed on how to prevent car crashes, and reduce the severity of those that do occur. See Road Traffic Safety .
Public health
Many jurisdictions require the collection and reporting of road traffic incident statistics. Such data enables figures for deaths, personal injuries, and possibly property damage to be produced, and correlated against a range of circumstances. Analysis of this data may allow incident clusters and incident causes to be identified.
United Nations response
Owing to the global and massive scale of the issue, with predictions that by 2020 road traffic deaths and injuries will exceed HIV/AIDS as a burden of death and disability, [ 37 ] the United Nations and its subsidiary bodies have passed resolutions and held conferences on the issue. The first United Nations General Assembly resolution and debate was in 2003 [ 38 ] The World Day of Remembrance for Road Traffic Victims was declared in 2005 . In 2009 the first high level ministerial conference on road safety will be held in Moscow .
The World Health Organization , a specialized agency of the United Nations Organization , in its Global Status Report on Road Safety 2009, states that over 90% of the world’s fatalities on the roads occur in low-income and middle-income countries, which have only 48% of the world’s registered vehicles, and predicts that road traffic injuries will rise to become the fifth leading cause of death by 2030 [ 39 ]
Epidemiology
Main article: Epidemiology of motor vehicle collisions




Disability-adjusted life year for road traffic accidents per 100,000 inhabitants in 2004. [ 40 ]

      no data       Less than 165       165-380       380-595       595-810       810-1025       1025-1240       1240-1455       1455-1670       1670-1885       1885-2100       2100-3500       more than 3500











Road fatalities per vehicle-km (fatalities per 1 billion km)
      ≤ 5.0       5.0-6.5       6.5-8.0       8.0-9.5       9.5-11.0       11.0-12.5       12.5-14.0       14.0-15.5       15.5-17.0       17.0-18.5       18.5-20.0       ≥ 20.0






Worldwide it was estimated in 2004 that 1.2 million people were killed (2.2% of all deaths) and 50 million more were injured in motor vehicle collisions. [ 1 ] [ 41 ] This makes motor vehicle collisions the leading cause of death among children worldwide 10 – 19 years old (260,000 children die a year, 10 million are injured) [ 42 ] and the sixth leading preventable cause of death in the United States [ 43 ] (45,800 people died and 2.4 million were injured in 2005). [ 44 ] In Canada they are the cause of 48% of severe injuries. [ 45 ]
Crash rates
The safety performance of roadways are almost always reported as rates. That is, some measure of harm (deaths, injuries, or number of crashes) divided by some measure of exposure to the risk of this harm. Rates are used so the safety performance of different locations can be compared, and to prioritize safety improvements.
Common rates related to road traffic fatalities include the number of deaths per capita, per registered vehicle, per licensed driver, or per vehicle mile or kilometer traveled. Simple counts are almost never used. The annual count of fatalities is a rate, namely, the number of fatalities per year.
There is no one rate that is superior to others in any general sense. The rate to be selected depends on the question being asked – and often also on what data are available. What is important is to specify exactly what rate is measured and how it relates to the problem being addressed. Some agencies concentrate on crashes per total vehicle distance traveled. Others combine rates. The State of Iowa , for example, selects high accident locations based on a combination of crashes per million miles traveled, crashes per mile per year, and value loss (crash severity) [ 46 ]
History




The fardier a vapeur of Nicholas Cugnot allegedly crashed into a wall in 1771. [ 47 ]


The world’s first road traffic death involving a motor vehicle is alleged to have occurred on 31 August 1869. [ 48 ] An Irish scientist Mary Ward died when she fell out of her cousins' steam car and was run over.
German-English composer George Frideric Handel was seriously injured in a carriage crash in 1752. [ 49 ]
The British road engineer J. J. Leeming , compared the statistics for fatality rates in Great Britain, for transport-related incidents both before and after the introduction of the motor vehicle, for journeys, including those by water, which would now be undertaken by motor vehicle: [ 14 ] For the period 1863–1870 there were: 470 fatalities per million of population (76 on railways, 143 on roads, 251 on water); for the period 1891–1900 the corresponding figures were: 348 (63, 107, 178); for the period 1931–1938: 403 (22, 311, 70) and for the year 1963: 325 (10, 278, 37). [ 14 ] Leeming concluded that the data showed that " travel accidents may even have been more frequent a century ago than they are now, at least for men ". [ 14 ]
In 1969 a British road engineer , compared the circumstances around road deaths as reported in various American states before the widespread introduction of 55 mph speed limits and drunk-driving laws. [ 14 ]

'They took into account thirty factors which it was thought might affect the death rate. Among these were included the annual consumption of wine, of spirits and of malt beverages — taken individually — the amount spent on road maintenance, the minimum temperature, certain of the legal measures such as the amount spent on police, the number of police per 100,000 inhabitants, the follow-up programme on dangerous drivers, the quality of driver testing, and so on. The thirty factors were finally reduced to six on elimination of those which were found to have small or negligible effect. The final six were:

(a) The percentage of the total state highway mileage that is rural.
(b) The percent increase in motor vehicle registration.
(c) The extent of motor vehicle inspection.
(d) The percentage of state-administered highway that is surfaced.
(e) The average yearly minimum temperature.
(f) The income per capita.

'These are placed in descending order of importance. These six accounted for 70% of the variations in the rate.'
Society and culture
Economic costs
The global economic cost of MVCs was estimated at $518 billion per year in 2003 with $100 billion of that occurring in developing countries. [ 41 ] The Center for Disease Control and Prevention estimated the U.S. cost in 2000 at $230 billion. [ 50 ]




Cover of Heathcote Williams ' Autogeddon (UK edition, 1991)


Legal consequences
In the United States, individuals involved in motor vehicle accidents can be held financially liable for the consequences of an accident, including property damage, injuries to passengers and drivers, and fatalities. Because these costs can easily exceed the annual income of the average driver, most US states require drivers to carry liability insurance to cover these potential costs. However, in the event of severe injuries or fatalities, victims may seek damages in civil court, often for well in excess of the value of insurance.
Additionally, drivers who are involved in a collision frequently receive one or more traffic citations, usually directly addressing any material violations such as speeding, failure to obey a traffic control device, or driving under the influence of drugs or alcohol. In the event of a fatality, a charge of vehicular homicide is occasionally prosecuted, especially in cases involving alcohol.
Convictions for traffic violations are usually penalized with fines, and for more severe offenses, the suspension or revocation of driving privileges. Convictions for alcohol offenses generally result in the revocation or long term suspension of the driver's license, and sometimes jail time and/or mandatory alcohol rehabilitation.
In popular culture

J. G. Ballard 's renowned novel Crash presented a dystopian vision of the car-dominated world, where car crashes become an object of sexual obsession , and introduced the notion of Autogeddon (from Armageddon ), a fictional ultimate car disaster that will destroy the world. The novel was made into a film of the same name by David Cronenberg .
Heathcote Williams ' poem Autogeddon satirizes human addiction to driving and bemoans the millions of deaths incurred by traffic collisions.

medical malpractice


Medical malpractice is professional negligence by act or omission by a health care provider in which care provided deviates from accepted standards of practice in the medical community and causes injury or death to the patient . Standards and regulations for medical malpractice vary by country and jurisdiction within countries. Medical professionals are required to maintain professional liability insurance to offset the risk and costs of lawsuits based on medical malpractice.
A doctor would be liable for (depending on the circumstances) such things as prescribing experimental drugs and performing cosmetic surgery.




Contents


1 The medical malpractice claim

1.1 The party
1.2 Elements of the case
1.3 The trial
1.4 Expert testimony
1.5 Damages


2 Statute of limitations
3 Statistics
4 Arguments about the medical liability system
5 The case for medical liability reform
6 References
7 See also





//

The medical malpractice claim
The party
The plaintiff is or was the patient, or a legally designated party acting on behalf of the patient, or – in the case of a wrongful-death suit – the executor or administrator of a deceased patient's estate.
The defendant is the health care provider. Although a 'health care provider' usually refers to a physician, the term includes any medical care provider, including dentists, nurses, and therapists. As illustrated in Columbia Medical Center of Las Colinas v Bush , 122 S.W. 3d 835 (Tex. 2003), "following orders" may not protect nurses and other non-physicians from liability when committing negligent acts. Relying on vicarious liability or direct corporate negligence, claims may also be brought against hospitals, clinics, managed care organizations or medical corporations for the mistakes of their employees.
Elements of the case
A plaintiff must establish all four elements of the tort of negligence for a successful medical malpractice claim. [ 1 ]

A duty was owed: a legal duty exists whenever a hospital or health care provider undertakes care or treatment of a patient .
A duty was breached: the provider failed to conform to the relevant standard of care . The standard of care is proved by expert testimony or by obvious errors (the doctrine of res ipsa loquitur or the thing speaks for itself ).
The breach caused an injury: The breach of duty was a proximate cause of the injury.
Damages: Without damages (losses which may be pecuniary or emotional), there is no basis for a claim, regardless of whether the medical provider was negligent. Likewise, damages can occur without negligence, for example, when someone dies from a fatal disease.

The trial
Like all other tort cases, the plaintiff or their attorney files a lawsuit in a court with appropriate jurisdiction . Between the filing of suit and the trial, the parties are required to share information through discovery . Such information includes interrogatories , requests for documents and depositions . If both parties agree, the case may be settled pre-trial on negotiated terms. If the parties cannot agree, the case will proceed to trial.
The plaintiff has the burden of proof to prove all the elements by a preponderance (51%) of evidence. At trial, both parties will usually present experts to testify as to the standard of care required, and other technical issues. The fact-finder (judge or jury) must then weigh all the evidence and determine which side is the most credible.
The fact-finder will render a verdict for the prevailing party. If the plaintiff prevails, the fact-finder will assess damages within the parameters of the judge's instructions. The verdict is then reduced to the judgment of the court. The losing party may move for a new trial. In a few jurisdictions, a plaintiff who is dissatisfied by a small judgment may move for additur . In most jurisdictions, a defendant who is dissatisfied with a large judgment may move for remittitur . Either side may take an appeal from the judgment.
Expert testimony
Expert witnesses must be qualified by the Court, based on the prospective experts qualifications and the standards set from legal precedent . To be qualified as an expert in a medical malpractice case, a person must have a sufficient knowledge, education, training, or experience regarding the specific issue before the court to qualify the expert to give a reliable opinion on a relevant issue. The qualifications of the expert are not the deciding factors as to whether the individual will be qualified, although they are certainly important considerations. Expert testimony is not qualified "just because somebody with a diploma says it is so" ( United States v. Ingham , 42 M.J. 218, 226 [A.C.M.R. 1995]). In addition to appropriate qualifications of the expert, the proposed testimony must meet certain criteria for reliability. In the United States, two models for evaluating the proposed testimony are used:
The more common (and some believe more reliable) approach used by all federal courts and most state courts is the 'gatekeeper' model, which is a test formulated from the US Supreme Court cases Daubert v. Merrell Dow Pharmaceuticals (509 U.S. 579 [1993]), General Electric Co. v. Joiner (522 U.S. 136 [1997]), and Kumho Tire Co. v. Carmichael (526 U.S. 137 [1999]. Before the trial, a Daubert hearing [ 2 ] will take place before the judge (without the jury). The trial court judge must consider evidence presented to determine whether an expert's "testimony rests on a reliable foundation and is relevant to the task at hand." (Daubert, 509 U.S. at 597). The Daubert hearing considers 4 questions about the testimony the prospective expert proposes:

Whether a "theory or technique . . . can be (and has been) tested"
Whether it "has been subjected to peer review and publication".
Whether, in respect to a particular technique, there is a high "known or potential rate of error"
Whether there are "standards controlling the technique's operation".

Some state courts still use the Frye test that relies on scientific consensus to assess the admissibility of novel scientific evidence. Daubert expressly rejected the earlier federal rule's incorporation of the Frye test. (Daubert, 509 U.S. at 593-594) Expert testimony that would have passed the Frye test is now excluded under the more stringent requirements of Federal Rules of Evidence as construed by Daubert.
In view of Daubert and Kuhmo, the pre trial preparation of expert witnesses is critical. [ 3 ] A problem with Daubert is that the presiding judge may admit testimony which derives from highly contested data. The judge may expand the limits contained in the "school of thought" precedent. Papers that are self-published may be admiited as the basis for expert testimony. Non-peer reviewed journals may also be admitted in similar fashion. The only criterion is the opinion of a single judge who, in all likelihood, has no relevant scientific or medical training. [ 4 ]
Many states also require that a certifcate of merit before a malpractice lawsuit is filed which requires a report from a medical doctor that the doctor accused of negligence breached the standard of care and caused injury to the Plaintiff.
Damages
The plaintiff's damages may include compensatory and punitive damages. Compensatory damages are both economic and non-economic. Economic damages include financial losses such as lost wages (sometimes called lost earning capacity), medical expenses and life care expenses. These damages may be assessed for past and future losses. Non-economic damages are assessed for the injury itself: physical and psychological harm, such as loss of vision, loss of a limb or organ, the reduced enjoyment of life due to a disability or loss of a loved one, severe pain and emotional distress. Punitive damages are only awarded in the event of wanton and reckless conduct.
In one particular circumstance, physicians, particularly psychiatrists are held to a different standard than other defendants in a tort claim. Suicide is legally viewed as an act which terminates a chain of causality. Although the defendant may be held negligent for another's suicide, he /she is not responsible for damages which occur after the act. An exception is made for physicians. Although there exists no protocol or algorithm for predicting suicidality with any level of certainty, courts throughout the United States have found physicians to be negligent. Furthermore, damages are routinely assessed based on losses which would hypothetically accrue after the act of suicide. [ 5 ]
Statute of limitations
Main article: Statute of Limitations
There is only a limited time during which a medical malpractice lawsuit can be filed. These time limits are set by statute in a common law legal system . In civil law systems, similar provisions are usually part of the civil code or criminal code and are often known collectively as "periods of prescription" or "prescriptive periods." The length of the time period and when that period begins vary per jurisdiction and type of malpractice. For a full list of statute of limitations, see the article Medical Malpractice Statutes of Limitation .
Statistics
Main article: Medical error
A 2004 study of medical malpractice claims in the United States examining primary care malpractice found that though incidence of negligence in hospitals produced a greater proportion of severe outcomes, the total number of errors and deaths due to errors were greater for outpatient settings. No single medical condition was associated with more than five percent of all negligence claims, and one-third of all claims were the result of misdiagnosis. [ 6 ]
A recent study by Healthgrades found that an average of 195,000 hospital deaths in each of the years 2000, 2001 and 2002 in the U.S. were due to potentially preventable medical errors . Researchers examined 37 million patient records and applied the mortality and economic impact models developed by Dr. Chunliu Zhan and Dr. Marlene R. Miller in a study published in the Journal of the American Medical Association ( JAMA ) in October 2003. The Zhan and Miller study supported the Institute of Medicine’s (IOM) 1999 report conclusion, which found that medical errors caused up to 98,000 deaths annually and should be considered a national epidemic. [ 7 ] Some researchers questioned the accuracy of the 1999 IOM study, reporting both significant subjectivity in determining which deaths were "avoidable" or due to medical error and an erroneous assumption that 100% of patients would have survived if optimal care had been provided. A 2001 study in JAMA estimated that only 1 in 10,000 patients admitted to the hospital would have lived for 3 months or more had "optimal" care been provided. [ 8 ]
A 2006 follow-up to the 1999 Institute of Medicine study found that medication errors are among the most common medical mistakes, harming at least 1.5 million people every year. According to the study, 400,000 preventable drug-related injuries occur each year in hospitals, 800,000 in long-term care settings, and roughly 530,000 among Medicare recipients in outpatient clinics. The report stated that these are likely to be conservative estimates. In 2000 alone, the extra medical costs incurred by preventable drug related injuries approximated $887 million – and the study looked only at injuries sustained by Medicare recipients, a subset of clinic visitors. None of these figures take into account lost wages and productivity or other costs. [ 9 ]
Most (73%) settled malpractice claims involve medical error. A 2006 study published in the New England Journal of Medicine concluded that claims without evidence of error "are not uncommon, but most [72%] are denied compensation. The vast majority of expenditures [54%] go toward litigation over errors and payment of them. The overhead costs of malpractice litigation are exorbitant." Physicians examined the records of 1452 closed malpractice claims. Ninety-seven percent were associated with injury; of them, 73% got compensation. Three percent of the claims were not associated with injuries; of them, 16% got compensation. 63% were associated with errors; of them, 73% got compensation (average $521,560). Thirty-seven percent were not associated with errors; of them, 28% got compensation (average $313,205). Claims not associated with errors accounted for 13 to 16% percent of the total costs. For every dollar spent on compensation, 54 cents went to administrative expenses (including lawyers, experts, and courts). Claims involving errors accounted for 78 percent of administrative costs. [ 10 ] [ 11 ]
Arguments about the medical liability system
Main article: Tort reform
Doctors' groups, patients, and insurance companies have criticized medical malpractice litigation as expensive, adversarial, unpredictable, and inefficient. [ 12 ] They claim that the cost of medical malpractice litigation in the United States has steadily increased at almost 12 percent annually since 1975. [ 13 ] Jury Verdict Research, a database of plaintiff and defense verdicts, says awards in medical liability cases increased 43 percent in 1999, from $700,000 to $1,000,000.
These critics assert that these rate increases are causing doctors to go out of business or move to states with more favorable tort systems. [ 14 ] Not everyone agrees, though, that medical malpractice lawsuits are solely causing these rate increases. A 2003 report from the General Accounting Office found multiple reasons for these rate increases, with medical malpractice lawsuits being the primary driver. [ 15 ] Despite noting multiple reasons for rate increases, the report goes on to state that the "GAO found that losses on medical malpractice claims-which make up the largest part of insurers’ costs-appear to be the primary driver of rate increases in the long run."
The major tort reform proposals have been:

Special medical malpractice courts
Limits on noneconomic damages
Reduction in the statute of limitations of action

At the same time, studies of these claims have found [ 16 ] [ 17 ] [ 18 ] [ 19 ] that there is no problem of increasing malpractice verdicts and insurance costs driving doctors out of business.
The case for medical liability reform
Proponents of medical liability reform argue that medical malpractice lawsuits restrict patient access to health care by driving physicians out of business or encouraging them to limit high-risk procedures. One in 12 obstetricians who have reported changes in their practice as a result of the risk or fear of professional liability claims have stopped delivering babies. [ 20 ]
Medical Liability reform took place in Texas in 2003. This alone convinced physicians from all over the country to consider moving to the Lone Star State. According to the Texas Medical Board, "Medical license applications jumped 58% from 2,561 in 2003 to 4,041, an unprecedented number, according to the Texas Medical Board. The state saw a 7.2% growth in the number of ob-gyns between May 2003 and May 2008. Similar increases were observed in other specialties." And according to the Texas Insurance Department, physicians in TX have seen a 25% overall drop in medical liability insurance rates since 2003. [ 21 ]
Physician advocacy groups say 60% of liability claims against doctors are dropped, withdrawn, or dismissed without payment. However even those cases have a price, costing an average of more than $22,000 to defend in 2008 ($18,000 in 2007). Physicians are found not negligent in over 90% of cases that go to trial - yet more than $110,000 (2008 estimate, $100,000 in 2007) per case is spent defending those claims. [ 20 ]
Malpractice has both direct and indirect costs, including "defensive medicine." According to the American Medical Association, defensive medicine increases health systems costs by between $84 and $151 billion each year. Studies place the direct and indirect costs of malpractice between 5% and 10% of total U.S. medical costs, as described below: [ 22 ]

"About 10 percent of the cost of medical services is linked to malpractice lawsuits and more intensive diagnostic testing due to defensive medicine, according to a January 2006 report prepared by PricewaterhouseCoopers LLP for the insurers’ group America’s Health Insurance Plans. The figures were taken from a March 2003 study by the U.S. Department of Health and Human Services that estimated the direct cost of medical malpractice was 2 percent of the nation’s health-care spending and said defensive medical practices accounted for 5 percent to 9 percent of the overall expense."

Many supporters of medical liability reform believe that laws modeled after California's Medical Injury Compensation Reform Act (MICRA) should be passed at the federal level. "California is the perfect model for federal medical malpractice reform", said Lisa Maas, executive director of Californians Allied for Patient Protection. "MICRA is considered the gold standard in terms of what other states look to in tort reform in the medical liability area." [ 23 ]
MICRA was passed in the midst of a medical liability crisis in 1975, as premiums soared and some California physicians were unable to find liability coverage. The law limits non-economic damages in medical malpractice cases to $250,000. It also imposes a sliding scale on plaintiffs' attorney fees that prohibits them from charging more than 40% on any recovery. [ 24 ]
MICRA advocates say the law has stabilized liability costs and preserved access to thousands of physicians, nurses, hospitals and other other healthcare providers. In particular, MICRA is said to protect specialty and high-risk services, including women's services, community clinics and rural providers that can least afford skyrocketing insurance costs. In addition, supporters say MICRA has saved healthcare consumers tens of billions of dollars by protecting against runaway damage awards. [ 25 ]
The American Medical Association is leading a campaign to pass medical liability reform and protect patient access to health care. AMA Leaders are working with state medical associations to enact and defend strong tort reform laws. They continue to advocate for federal reforms based on solutions such as the MICRA laws.
References


^ "The Four Elements of Medical Malpractice" . Yale New Haven Medical Center: Issues in Risk Management. 1997 . http://info.med.yale.edu/caim/risk/malpractice/malpractice_2.html .  
^ Reeg and Bebout (1993). "What's It All About, Daubert?" . Journal of the Missouri Bar . http://www.mobar.org/journal/1997/novdec/bebout.htm .  
^ Preparing Plaintiff's Expert in the Post Kuhmo Era, Anthony H. Gair , New York State Bar Association , 1999
^ Tancredi LR, Giannini AJ (December 1994). "The admissibility of scientific evidence in psychiatric malpractice: junk science and the Daubert case". Journal of clinical forensic medicine 1 (3): 145–8. PMID   16371283 .  
^ AJ Giannini, MC Giannini, AE Slaby.Sucide--The medical-legal implications. Psychiatric Forum. 14(2):6-10, 1989.
^ Phillips RL, Bartholomew LA, Dovey SM, Fryer GE, Miyoshi TJ, Green LA (April 2004). "Learning from malpractice claims about negligent, adverse events in primary care in the United States" . Qual Saf Health Care 13 (2): 121–6. PMID   15069219 . PMC   1743812 . http://qhc.bmjjournals.com/cgi/pmidlookup?view=long&pmid=15069219 .   ; lay-summary
^ "In Hospital Deaths from Medical Errors at 195,000 per Year in USA" . Medical News Today. 2004 . http://www.medicalnewstoday.com/medicalnews.php?newsid=11856 . Retrieved 2006 .  
^ Hayward R, Hofer T (2001). "Estimating hospital deaths due to medical errors: preventability is in the eye of the reviewer". JAMA 286 (4): 415–20. doi : 10.1001/jama.286.4.415 . PMID   11466119 .  
^ "Medication Errors Injure 1.5 Million People and Cost Billions of Dollars Annually" . The National Academy of Science. 2006 . http://www8.nationalacademies.org/onpinews/newsitem.aspx?RecordID=11623 . Retrieved 2006 .  
^ Claims, Errors, and Compensation Payments in Medical Malpractice Litigation , New England Journal of Medicine ,May 11, 2006.
^ Medical Malpractice Study, Disproving Frivolous Myth , Jeffrey B. Bloom, Gair, Gair, Conason, Steigman & Mackauf, The National Law Journal , July 3, 2006
^ First hand experience of an Orthopaedic surgeon who suffered a medical malpractice litigation Overcoming Lawsuits
^ [1] Towers Perrin, Tillinghast, U.S. Tort Costs and Cross-Border Perspectives: 2005 Update, (New York, NY: Towers Perrin, March 2006).
^ Medical Malpractice Insurance Roundtable: Doctors Prescribe Remedies for Crisis . The Business Journal, Jun 11, 2004, accessed August 3, 2006.
^ GAO-03-702 Medical Malpractice Insurance: Multiple Factors Have Contributed to Increased Premium Rates General Accounting Office, June 2003, accessed August 3, 2006.
^ Tom Baker, The Medical Malpractice Myth . University of Chicago Press, 2005. 222 pages. Page 3, "First, we know from the California study, as confirmed by more recent, better publicized studies, that the real problem is too much medical malpractice, not too much litigation."
^ William M. Sage, M.D., Margaret Thompson, Cynthia Gorman, Melissa King. [ The Jury's Still Out: A Critical Look at Malpractice Reform], Center for American Progress, June 12, 2008. From the study, "There is no nationwide crisis [...] Malpractice is wrongly blamed for rising health care costs in the United States...Experts have found little correlation between malpractice claim increases and malpractice premium increases. "
^ Faulty Data and False Conclusions: The Myth of Skyrocketing Medical Malpractice Verdicts , Lewis L. Laska, J.D., Ph.D. and Katherine Forrest, M.D., M.P.H. Commonweal Institute , October 6, 2004. From the report, "The premise that medical malpractice awards have been rising dramatically in the United States in recent years, driving up the cost of healthcare and forcing physicians out of practice, is not supported by relevant evidence."
^ Most Mass. doctors face lower cost for malpractice coverage . From the article describing the study, "Despite assertions that high malpractice rates are driving them out of the state, Massachusetts doctors are paying less than they were in 1990, after adjusting for inflation, according to a Suffolk University Law School study."
^ a b "The Case for Medical Liability Reform" , American Medical Association
^ Texas liability reforms spur plunge in premiums and lawsuits
^ Bloomberg-Malpractice Lawsuits are Red Herring in Obama Plan
^ "California's landmark med-mal law called a national model", Legal NewsLine
^ "RAND study finds California medical malpractice award caps have cut payments by 30 percent to those who win lawsuits", RAND Corporation
^ "Preserving Healthcare Access and Affordability", Californians Allied for Patient Protection


See also

Medical law

mesothelioma


Mesothelioma , more precisely malignant mesothelioma , is a rare form of cancer that develops from the protective lining that covers many of the body's internal organs, the mesothelium . It is usually caused by exposure to asbestos . [ 1 ]
Its most common site is the pleura (outer lining of the lungs and internal chest wall), but it may also occur in the peritoneum (the lining of the abdominal cavity), the heart, [ 2 ] the pericardium (a sac that surrounds the heart ) or tunica vaginalis .
Most people who develop mesothelioma have worked on jobs where they inhaled asbestos particles, or they have been exposed to asbestos dust and fiber in other ways. It has also been suggested that washing the clothes of a family member who worked with asbestos can put a person at risk for developing mesothelioma. [ 3 ] Unlike lung cancer, there is no association between mesothelioma and smoking , but smoking greatly increases the risk of other asbestos-induced cancers. [ 4 ] Compensation via asbestos funds or lawsuits is an important issue in mesothelioma (see asbestos and the law ).
The symptoms of mesothelioma include shortness of breath due to pleural effusion (fluid between the lung and the chest wall ) or chest wall pain , and general symptoms such as weight loss . The diagnosis may be suspected with chest X-ray and CT scan , and is confirmed with a biopsy (tissue sample) and microscopic examination. A thoracoscopy (inserting a tube with a camera into the chest) can be used to take biopsies. It allows the introduction of substances such as talc to obliterate the pleural space (called pleurodesis ), which prevents more fluid from accumulating and pressing on the lung. Despite treatment with chemotherapy , radiation therapy or sometimes surgery , the disease carries a poor prognosis . Research about screening tests for the early detection of mesothelioma is ongoing.




Contents


1 Signs and symptoms
2 Diagnosis
3 Screening
4 Staging
5 Pathophysiology
6 Epidemiology

6.1 Incidence
6.2 Risk factors
6.3 Exposure

6.3.1 Environmental exposures
6.3.2 Occupational
6.3.3 Paraoccupational secondary exposure
6.3.4 Asbestos in buildings




7 Treatment

7.1 Surgery
7.2 Radiation
7.3 Chemotherapy
7.4 Immunotherapy
7.5 Heated Intraoperative Intraperitoneal Chemotherapy
7.6 Multimodality Therapy


8 Notable people who died from mesothelioma
9 Notable people who have lived for some time with mesothelioma
10 Legal issues

10.1 Legal history


11 See also
12 References

12.1 Sources
12.2 Notes


13 External links





//

Signs and symptoms
Symptoms or signs of mesothelioma may not appear until 20 to 50 years (or more) after exposure to asbestos. Shortness of breath, cough, and pain in the chest due to an accumulation of fluid in the pleural space ( pleural effusion ) are often symptoms of pleural mesothelioma.
Symptoms of peritoneal mesothelioma include weight loss and cachexia , abdominal swelling and pain due to ascites (a buildup of fluid in the abdominal cavity). Other symptoms of Peritoneal Mesothelioma may include bowel obstruction, blood clotting abnormalities, anemia , and fever . If the cancer has spread beyond the mesothelium to other parts of the body, symptoms may include pain, trouble swallowing, or swelling of the neck or face.
These symptoms may be caused by mesothelioma or by other, less serious conditions.
Mesothelioma that affects the pleura can cause these signs and symptoms:

Chest wall pain
Pleural effusion, or fluid surrounding the lung
Shortness of breath
Fatigue or anemia
Wheezing, hoarseness, or cough
Blood in the sputum (fluid) coughed up ( hemoptysis )

In severe cases, the person may have many tumor masses. The individual may develop a pneumothorax , or collapse of the lung . The disease may metastasize , or spread, to other parts of the body.
Tumors that affect the abdominal cavity often do not cause symptoms until they are at a late stage. Symptoms include:

Abdominal pain
Ascites , or an abnormal buildup of fluid in the abdomen
A mass in the abdomen
Problems with bowel function
Weight loss

In severe cases of the disease, the following signs and symptoms may be present:

Blood clots in the veins, which may cause thrombophlebitis
Disseminated intravascular coagulation , a disorder causing severe bleeding in many body organs
Jaundice , or yellowing of the eyes and skin
Low blood sugar level
Pleural effusion
Pulmonary emboli, or blood clots in the arteries of the lungs
Severe ascites

A mesothelioma does not usually spread to the bone, brain, or adrenal glands. Pleural tumors are usually found only on one side of the lungs.
Diagnosis




CT scan of a patient with mesothelioma, coronal section (the section follows the plane that divides the body in a front and a back half). The mesothelioma is indicated by yellow arrows, the central pleural effusion (fluid collection) is marked with a yellow star. Red numbers: (1) right lung, (2) spine, (3) left lung, (4) ribs, (5) descending part of the aorta , (6) spleen , (7) left kidney , (8) right kidney, (9) liver .






Micrograph of a pleural fluid cytopathology specimen showing mesothelioma.






Micrographs showing mesothelioma in a core biopsy.


Diagnosing mesothelioma is often difficult, because the symptoms are similar to those of a number of other conditions. Diagnosis begins with a review of the patient's medical history. A history of exposure to asbestos may increase clinical suspicion for mesothelioma. A physical examination is performed, followed by chest X-ray and often lung function tests . The X-ray may reveal pleural thickening commonly seen after asbestos exposure and increases suspicion of mesothelioma. A CT (or CAT) scan or an MRI is usually performed. If a large amount of fluid is present, abnormal cells may be detected by cytopathology if this fluid is aspirated with a syringe. For pleural fluid, this is done by thoracentesis or tube thoracostomy ( chest tube ); for ascites, with paracentesis or ascitic drain ; and for pericardial effusion with pericardiocentesis . While absence of malignant cells on cytology does not completely exclude mesothelioma, it makes it much more unlikely, especially if an alternative diagnosis can be made (e.g. tuberculosis , heart failure ). Unfortunately, the diagnosis of malignant mesothelioma by cytology alone is difficult, even with expert pathologists.
Generally, a biopsy is needed to confirm a diagnosis of malignant mesothelioma. A doctor removes a sample of tissue for examination under a microscope by a pathologist . A biopsy may be done in different ways, depending on where the abnormal area is located. If the cancer is in the chest, the doctor may perform a thoracoscopy . In this procedure, the doctor makes a small cut through the chest wall and puts a thin, lighted tube called a thoracoscope into the chest between two ribs. Thoracoscopy allows the doctor to look inside the chest and obtain tissue samples. Alternatively, the chest surgeon might directly open the chest ( thoracotomy ). If the cancer is in the abdomen, the doctor may perform a laparoscopy . To obtain tissue for examination, the doctor makes a small incision in the abdomen and inserts a special instrument into the abdominal cavity. If these procedures do not yield enough tissue, more extensive diagnostic surgery may be necessary.
Immunohistochemical studies play an important role for the pathologist in differentiating malignant mesothelioma from neoplastic mimics. There are numerous tests and panels available. No single test is perfect for distinguishing mesothelioma from carcinoma or even benign versus malignant.

Typical immunohistochemistry results

Positive
Negative


EMA ( epithelial membrane antigen ) in a membranous distribution
CEA ( carcinoembryonic antigen )


WT1 ( Wilms' tumour 1)
B72.3


Calretinin
MOC-3 1


Mesothelin-1
CD15


Cytokeratin 5/6
Ber-EP4


HBME-1 ( human mesothelial cell 1 )
TTF-1 ( thyroid transcription factor-1 )


There are three histological types of malignant mesothelioma: (1) Epithelioid; (2) Sarcomatoid; and (3) Biphasic (Mixed). Epithelioid comprises about 50-60% of malignant mesothelioma cases and generally holds a better prognosis than the Sarcomatoid or Biphasic subtypes. [ 5 ]
Screening
There is no universally agreed protocol for screening people who have been exposed to asbestos. Screening tests might diagnose mesothelioma earlier than conventional methods thus improving the survival prospects for patients. The serum osteopontin level might be useful in screening asbestos-exposed people for mesothelioma. The level of soluble mesothelin-related protein is elevated in the serum of about 75% of patients at diagnosis and it has been suggested that it may be useful for screening. [ 6 ] Doctors have begun testing the Mesomark assay which measures levels of soluble mesothelin -related proteins (SMRPs) released by diseased mesothelioma cells. [ 7 ]
Staging
Staging of mesothelioma is based on the recommendation by the International Mesothelioma Interest Group. [ 8 ] TNM classification of the primary tumor, lymph node involvement, and distant metastasis is performed. Mesothelioma is staged Ia–IV (one-A to four) based on the TNM status. [ 8 ] [ 9 ]
Pathophysiology
The mesothelium consists of a single layer of flattened to cuboidal cells forming the epithelial lining of the serous cavities of the body including the peritoneal , pericardial and pleural cavities. Deposition of asbestos fibers in the parenchyma of the lung may result in the penetration of the visceral pleura from where the fiber can then be carried to the pleural surface, thus leading to the development of malignant mesothelial plaques. The processes leading to the development of peritoneal mesothelioma remain unresolved, although it has been proposed that asbestos fibers from the lung are transported to the abdomen and associated organs via the lymphatic system . Additionally, asbestos fibers may be deposited in the gut after ingestion of sputum contaminated with asbestos fibers.
Pleural contamination with asbestos or other mineral fibers has been shown to cause cancer. Long thin asbestos fibers (blue asbestos, amphibole fibers) are more potent carcinogens than "feathery fibers" ( chrysotile or white asbestos fibers). [ 10 ] However, there is now evidence that smaller particles may be more dangerous than the larger fibers. They remain suspended in the air where they can be inhaled, and may penetrate more easily and deeper into the lungs. "We probably will find out a lot more about the health aspects of asbestos from [the World Trade Center attack], unfortunately," said Dr. Alan Fein, chief of pulmonary and critical-care medicine at North Shore-Long Island Jewish Health System. Dr. Fein has treated several patients for "World Trade Center syndrome" or respiratory ailments from brief exposures of only a day or two near the collapsed buildings. [ 11 ]
Mesothelioma development in rats has been demonstrated following intra-pleural inoculation of phosphorylated chrysotile fibers. It has been suggested that in humans, transport of fibers to the pleura is critical to the pathogenesis of mesothelioma. This is supported by the observed recruitment of significant numbers of macrophages and other cells of the immune system to localized lesions of accumulated asbestos fibers in the pleural and peritoneal cavities of rats. These lesions continued to attract and accumulate macrophages as the disease progressed, and cellular changes within the lesion culminated in a morphologically malignant tumor.
Experimental evidence suggests that asbestos acts as a complete carcinogen with the development of mesothelioma occurring in sequential stages of initiation and promotion. The molecular mechanisms underlying the malignant transformation of normal mesothelial cells by asbestos fibers remain unclear despite the demonstration of its oncogenic capabilities. However, complete in vitro transformation of normal human mesothelial cells to malignant phenotype following exposure to asbestos fibers has not yet been achieved. In general, asbestos fibers are thought to act through direct physical interactions with the cells of the mesothelium in conjunction with indirect effects following interaction with inflammatory cells such as macrophages.
Analysis of the interactions between asbestos fibers and DNA has shown that phagocytosed fibers are able to make contact with chromosomes , often adhering to the chromatin fibers or becoming entangled within the chromosome. This contact between the asbestos fiber and the chromosomes or structural proteins of the spindle apparatus can induce complex abnormalities. The most common abnormality is monosomy of chromosome 22. Other frequent abnormalities include structural rearrangement of 1p, 3p, 9p and 6q chromosome arms.
Common gene abnormalities in mesothelioma cell lines include deletion of the tumor suppressor genes :

Neurofibromatosis type 2 at 22q12
P16 INK4A
P14 ARF

Asbestos has also been shown to mediate the entry of foreign DNA into target cells. Incorporation of this foreign DNA may lead to mutations and oncogenesis by several possible mechanisms:

Inactivation of tumor suppressor genes
Activation of oncogenes
Activation of proto-oncogenes due to incorporation of foreign DNA containing a promoter region
Activation of DNA repair enzymes, which may be prone to error
Activation of telomerase
Prevention of apoptosis

Asbestos fibers have been shown to alter the function and secretory properties of macrophages, ultimately creating conditions which favour the development of mesothelioma. Following asbestos phagocytosis, macrophages generate increased amounts of hydroxyl radicals , which are normal by-products of cellular anaerobic metabolism. However, these free radicals are also known clastogenic and membrane-active agents thought to promote asbestos carcinogenicity. These oxidants can participate in the oncogenic process by directly and indirectly interacting with DNA, modifying membrane-associated cellular events, including oncogene activation and perturbation of cellular antioxidant defences.
Asbestos also may possess immunosuppressive properties. For example, chrysotile fibres have been shown to depress the in vitro proliferation of phytohemagglutinin-stimulated peripheral blood lymphocytes, suppress natural killer cell lysis and significantly reduce lymphokine-activated killer cell viability and recovery. Furthermore, genetic alterations in asbestos-activated macrophages may result in the release of potent mesothelial cell mitogens such as platelet-derived growth factor (PDGF) and transforming growth factor -β (TGF-β) which in turn, may induce the chronic stimulation and proliferation of mesothelial cells after injury by asbestos fibres.
Epidemiology
Incidence
Although reported incidence rates have increased in the past 20 years, mesothelioma is still a relatively rare cancer. The incidence rate is approximately one per 1,000,000. The highest incidence is found in Britain, Australia and Belgium: 30 per 1,000,000 per year. [ 12 ] For comparison, populations with high levels of smoking can have a lung cancer incidence of over 1,000 per 1,000,000. Incidence of malignant mesothelioma currently ranges from about 7 to 40 per 1,000,000 in industrialized Western nations, depending on the amount of asbestos exposure of the populations during the past several decades. [ 13 ] It has been estimated that incidence may have peaked at 15 per 1,000,000 in the United States in 2004. Incidence is expected to continue increasing in other parts of the world. Mesothelioma occurs more often in men than in women and risk increases with age, but this disease can appear in either men or women at any age. Approximately one fifth to one third of all mesotheliomas are peritoneal.
Between 1940 and 1979, approximately 27.5 million people were occupationally exposed to asbestos in the United States. [ 14 ] Between 1973 and 1984, the incidence of pleural mesothelioma among Caucasian males increased 300%. From 1980 to the late 1990s, the death rate from mesothelioma in the USA increased from 2,000 per year to 3,000, with men four times more likely to acquire it than women. These rates may not be accurate, since it is possible that many cases of mesothelioma are misdiagnosed as adenocarcinoma of the lung, which is difficult to differentiate from mesothelioma.
Risk factors
Working with asbestos is the major risk factor for mesothelioma. [ 15 ] In the United States, asbestos is the major cause of malignant mesothelioma and has been considered "indisputably" [ 10 ] associated with the development of mesothelioma. Indeed, the relationship between asbestos and mesothelioma is so strong that many consider mesothelioma a “signal” or “sentinel” tumor. [ 16 ] [ 17 ] [ 18 ] [ 19 ] A history of asbestos exposure exists in most cases. However, mesothelioma has been reported in some individuals without any known exposure to asbestos. In rare cases, mesothelioma has also been associated with irradiation, intrapleural thorium dioxide ( Thorotrast ), and inhalation of other fibrous silicates, such as erionite . Some studies suggest that simian virus 40 ( SV40 ) may act as a cofactor in the development of mesothelioma. [ 20 ]
Exposure
Asbestos was known in antiquity, but it wasn't mined and widely used commercially until the late 1800s. Its use greatly increased during World War II . Since the early 1940s, millions of American workers have been exposed to asbestos dust. Initially, the risks associated with asbestos exposure were not publicly known. However, an increased risk of developing mesothelioma was later found among shipyard workers, people who work in asbestos mines and mills, producers of asbestos products, workers in the heating and construction industries, and other tradespeople. Today, the official position of the U.S. Occupational Safety and Health Administration (OSHA) and the U.S. EPA is that protections and "permissible exposure limits" required by U.S. regulations, while adequate to prevent most asbestos-related non-malignant disease, they are not adequate to prevent or protect against asbestos-related cancers such as mesothelioma. [ 21 ] Likewise, the British Government's Health and Safety Executive (HSE) states formally that any threshold for mesothelioma must be at a very low level and it is widely agreed that if any such threshold does exist at all, then it cannot currently be quantified. For practical purposes, therefore, HSE assumes that no such "safe" threshold exists. Others have noted as well that there is no evidence of a threshold level below which there is no risk of mesothelioma. [ 22 ] There appears to be a linear, dose-response relationship, with increasing dose producing increasing disease. [ 23 ] Nevertheless, mesothelioma may be related to brief, low level or indirect exposures to asbestos. [ 10 ] The dose necessary for effect appears to be lower for asbestos-induced mesothelioma than for pulmonary asbestosis or lung cancer. [ 10 ] Again, there is no known safe level of asbestos to asbestos as it relates to increased risk of mesothelioma.
The duration of exposure to asbestos causing mesothelioma can be short. For example, cases of mesothelioma have been documented with only 1–3 months of exposure [ 24 ] [ 25 ] . People who work with asbestos wear personal protective equipment to lower their risk of exposure.
Latency, the time from first exposure to manifestation of disease, is prolonged in the case of mesothelioma. It is virtually never less than fifteen years and peaks at 30–40 years. [ 10 ] In a review of occupationally related mesothelioma cases, the median latency was 32 years. [ 26 ] Based upon the data from Peto et al, the risk of mesothelioma appears to increase to the third or fourth power from first exposure. [ 23 ]
Environmental exposures
Incidence of mesothelioma had been found to be higher in populations living near naturally occurring asbestos. For example, in central Cappadocia , Turkey, mesothelioma was causing 50% of all deaths in three small villages — Tuzköy, Karain and Sarıhıdır. Initially, this was attributed to erionite , a zeolite mineral with similar properties to asbestos , however, recently, detailed epidemiological investigation showed that erionite causes mesothelioma mostly in families with a genetic predisposition. [ 27 ] [ 28 ] The documented presence of asbestos fibers in water supplies and food products has fostered concerns about the possible impact of long-term and, as yet, unknown exposure of the general population to these fibers.
Occupational
Exposure to asbestos fibers has been recognized as an occupational health hazard since the early 1900s. Numerous epidemiological studies have associated occupational exposure to asbestos with the development of pleural plaques, diffuse pleural thickening, asbestosis, carcinoma of the lung and larynx, gastrointestinal tumors, and diffuse malignant mesothelioma of the pleura and peritoneum. Asbestos has been widely used in many industrial products, including cement, brake linings, gaskets, roof shingles, flooring products, textiles, and insulation.
Commercial asbestos mining at Wittenoom, Western Australia, occurred between 1945 and 1966. A cohort study of miners employed at the mine reported that while no deaths occurred within the first 10 years after crocidolite exposure, 85 deaths attributable to mesothelioma had occurred by 1985. By 1994, 539 reported deaths due to mesothelioma had been reported in Western Australia.
Paraoccupational secondary exposure
Family members and others living with asbestos workers have an increased risk of developing mesothelioma, and possibly other asbestos related diseases. [ 29 ] This risk may be the result of exposure to asbestos dust brought home on the clothing and hair of asbestos workers. To reduce the chance of exposing family members to asbestos fibres, asbestos workers are usually required to shower and change their clothing before leaving the workplace.
Asbestos in buildings
Many building materials used in both public and domestic premises prior to the banning of asbestos may contain asbestos. Those performing renovation works or DIY activities may expose themselves to asbestos dust. In the UK use of Chrysotile asbestos was banned at the end of 1999. Brown and blue asbestos was banned in the UK around 1985. Buildings built or renovated prior to these dates may contain asbestos materials.
Treatment
The prognosis for malignant mesothelioma remains disappointing, although there have been some modest improvements in prognosis from newer chemotherapies and multimodality treatments. [ 30 ] Treatment of malignant mesothelioma at earlier stages has a better prognosis, but cures are exceedingly rare. Clinical behavior of the malignancy is affected by several factors including the continuous mesothelial surface of the pleural cavity which favors local metastasis via exfoliated cells, invasion to underlying tissue and other organs within the pleural cavity, and the extremely long latency period between asbestos exposure and development of the disease. The histological subtype and the patient's age and health status also help predict prognosis.
Surgery
Surgery, by itself, has proved disappointing. In one large series, the median survival with surgery (including extrapleural pneumonectomy) was only 11.7 months. [ 30 ] However, research indicates varied success when used in combination with radiation and chemotherapy (Duke, 2008). (For more information on multimodality therapy with surgery, see below). A pleurectomy/decortication is the most common surgery, in which the lining of the chest is removed. Less common is an extrapleural pneumonectomy (EPP), in which the lung, lining of the inside of the chest, the hemi- diaphragm and the pericardium are removed.
Radiation



Wikibooks has a book on the topic of
Radiation Oncology/Lung/Mesothelioma



For patients with localized disease, and who can tolerate a radical surgery, radiation is often given post-operatively as a consolidative treatment. The entire hemi-thorax is treated with radiation therapy, often given simultaneously with chemotherapy. This approach of using surgery followed by radiation with chemotherapy has been pioneered by the thoracic oncology team at Brigham & Women's Hospital in Boston. [ 31 ] Delivering radiation and chemotherapy after a radical surgery has led to extended life expectancy in selected patient populations with some patients surviving more than 5 years. As part of a curative approach to mesothelioma, radiotherapy is also commonly applied to the sites of chest drain insertion, in order to prevent growth of the tumor along the track in the chest wall.
Although mesothelioma is generally resistant to curative treatment with radiotherapy alone, palliative treatment regimens are sometimes used to relieve symptoms arising from tumor growth, such as obstruction of a major blood vessel. Radiation therapy when given alone with curative intent has never been shown to improve survival from mesothelioma. The necessary radiation dose to treat mesothelioma that has not been surgically removed would be very toxic.
Chemotherapy
Chemotherapy is the only treatment for mesothelioma that has been proven to improve survival in randomised and controlled trials. The landmark study published in 2003 by Vogelzang and colleagues compared cisplatin chemotherapy alone with a combination of cisplatin and pemetrexed (brand name Alimta) chemotherapy) in patients who had not received chemotherapy for malignant pleural mesothelioma previously and were not candidates for more aggressive "curative" surgery. [ 32 ] This trial was the first to report a survival advantage from chemotherapy in malignant pleural mesothelioma, showing a statistically significant improvement in median survival from 10 months in the patients treated with cisplatin alone to 13.3 months in the combination pemetrexed group in patients who received supplementation with folate and vitamin B12. Vitamin supplementation was given to most patients in the trial and pemetrexed related side effects were significantly less in patients receiving pemetrexed when they also received daily oral folate 500mcg and intramuscular vitamin B12 1000mcg every 9 weeks compared with patients receiving pemetrexed without vitamin supplementation. The objective response rate increased from 20% in the cisplatin group to 46% in the combination pemetrexed group. Some side effects such as nausea and vomiting, stomatitis , and diarrhoea were more common in the combination pemetrexed group but only affected a minority of patients and overall the combination of pemetrexed and cisplatin was well tolerated when patients received vitamin supplementation; both quality of life and lung function tests improved in the combination pemetrexed group. In February 2004, the United States Food and Drug Administration approved pemetrexed for treatment of malignant pleural mesothelioma. However, there are still unanswered questions about the optimal use of chemotherapy, including when to start treatment, and the optimal number of cycles to give.
Cisplatin in combination with raltitrexed has shown an improvement in survival similar to that reported for pemetrexed in combination with cisplatin, but raltitrexed is no longer commercially available for this indication. For patients unable to tolerate pemetrexed, cisplatin in combination with gemcitabine or vinorelbine is an alternative, or vinorelbine on its own, although a survival benefit has not been shown for these drugs. For patients in whom cisplatin cannot be used, carboplatin can be substituted but non-randomised data have shown lower response rates and high rates of haematological toxicity for carboplatin-based combinations, albeit with similar survival figures to patients receiving cisplatin. [ 33 ]
In January 2009, the United States FDA approved using conventional therapies such as surgery in combination with radiation and or chemotherapy on stage I or II Mesothelioma after research conducted by a nationwide study by Duke University concluded an almost 50 point increase in remission rates.
Immunotherapy
Treatment regimens involving immunotherapy have yielded variable results. For example, intrapleural inoculation of Bacillus Calmette-Guérin (BCG) in an attempt to boost the immune response, was found to be of no benefit to the patient (while it may benefit patients with bladder cancer ). Mesothelioma cells proved susceptible to in vitro lysis by LAK cells following activation by interleukin-2 (IL-2), but patients undergoing this particular therapy experienced major side effects. Indeed, this trial was suspended in view of the unacceptably high levels of IL-2 toxicity and the severity of side effects such as fever and cachexia. Nonetheless, other trials involving interferon alpha have proved more encouraging with 20% of patients experiencing a greater than 50% reduction in tumor mass combined with minimal side effects.
Heated Intraoperative Intraperitoneal Chemotherapy
A procedure known as heated intraoperative intraperitoneal chemotherapy was developed by Paul Sugarbaker at the Washington Cancer Institute. [ 34 ] The surgeon removes as much of the tumor as possible followed by the direct administration of a chemotherapy agent, heated to between 40 and 48°C, in the abdomen. The fluid is perfused for 60 to 120 minutes and then drained.
This technique permits the administration of high concentrations of selected drugs into the abdominal and pelvic surfaces. Heating the chemotherapy treatment increases the penetration of the drugs into tissues. Also, heating itself damages the malignant cells more than the normal cells.
This technique is also used in patients with malignant pleural mesothelioma. [ 35 ]
Multimodality Therapy
All of the standard approaches to treating solid tumors—radiation, chemotherapy, and surgery—have been investigated in patients with malignant pleural mesothelioma. Although surgery, by itself, is not very effective, surgery combined with adjuvant chemotherapy and radiation (trimodality therapy) has produced significant survival extension (3–14 years) among patients with favorable prognostic factors. [ 31 ] However, other large series of examining multimodality treatment have only demonstrated modest improvement in survival (median survival 14.5 months and only 29.6% surviving 2 years). [ 30 ] Reducing the bulk of the tumor with cytoreductive surgery is key to extending survival. Two surgeries have been developed: extrapleural pneumonectomy and pleurectomy/decortication. The indications for performing these operations are unique. The choice of operation depends on the size of the patient's tumor. This is an important consideration because tumor volume has been identified as a prognostic factor in mesothelioma. [ 36 ] Pleurectomy/decortication spares the underlying lung and is performed in patients with early stage disease when the intention is to remove all gross visible tumor (macroscopic complete resection), not simply palliation. [ 37 ] Extrapleural pneumonectomy is a more extensive operation that involves resection of the parietal and visceral pleurae, underlying lung, ipsilateral diaphragm, and ipsilateral pericardium. This operation is indicated for a subset of patients with more advanced tumors, who can tolerate a pneumonectomy. [ 38 ]
Notable people who died from mesothelioma
Mesothelioma, though rare, has had a number of notable patients.

Malcolm McLaren , former manager of New York Dolls and Sex Pistols , died on 8 April 2010.


Hamilton Jordan , Chief of Staff for U.S. President Jimmy Carter and lifelong cancer activist, died in 2008.


Richard J. Herrnstein , psychologist and co-author of The Bell Curve , died in 1994.


Australian anti-racism activist Bob Bellear died in 2005.


British science fiction writer Michael G. Coney , responsible for nearly 100 works, also died in 2005.


American film and television actor Paul Gleason , perhaps best known for his portrayal of Principal Richard Vernon in the 1985 film The Breakfast Club , died in 2006.


Mickie Most , an English record producer, died of mesothelioma in 2003.


Paul Rudolph , an American architect known for his cubist building designs, died in 1997.


Bernie Banton , an Australian workers' rights activist, fought a long battle for compensation from James Hardie after he contracted mesothelioma after working for that company. He claimed James Hardie knew of the dangers of asbestos before he began work with the substance making insulation for power stations. Mesothelioma eventually took his life along with his brothers and hundreds of James Hardie workers. James Hardie made an undisclosed settlement with Banton only when his mesothelioma had reached its final stages and he was expected to have no more than 48 hours to live. Australian Prime Minister Kevin Rudd mentioned Banton's extended struggle in his acceptance speech after winning the 2007 Australian federal election .


Actor Steve McQueen was diagnosed with peritoneal mesothelioma on December 22, 1979. He was not offered surgery or chemotherapy because doctors felt the cancer was too advanced. McQueen subsequently sought alternative treatments at clinics in Mexico. He died of a heart attack on November 7, 1980, in Juárez, Mexico, following cancer surgery. He may have been exposed to asbestos while serving with the U.S. Marines as a young adult—asbestos was then commonly used to insulate ships' piping—or from its use as an insulating material in automobile racing suits (McQueen was an avid racing driver and fan). [ 39 ] (It is also reported that he worked in a shipyard during World War II, where he might have been exposed to asbestos. [ citation needed ] )


United States Congressman Bruce Vento died of mesothelioma in 2000. The Bruce Vento Hopebuilder award is given yearly by his wife at the MARF Symposium to persons or organizations who have done the most to support mesothelioma research and advocacy.


Rock and roll musician and songwriter Warren Zevon , after a long period of untreated illness and pain, was diagnosed with inoperable mesothelioma in the fall of 2002. Refusing treatments that he believed might incapacitate him, Zevon focused his energies on recording his final album The Wind , including the song "Keep Me in Your Heart," which speaks of his failing breath. Zevon died at his home in Los Angeles, California, on September 7, 2003.


Christie Hennessy , the influential Irish singer-songwriter, died of mesothelioma in 2007, and had stridently refused to accept the prognosis in the weeks before his death. [ 40 ] Hennessy's mesothelioma has been attributed to his younger years spent working on building sites in London . [ 41 ] [ 42 ]


Bob Miner , one of the founders of Software Development Labs , the forerunner of Oracle Corporation , died of mesothelioma in 1994.


Scottish Labour MP John William MacDougall died of mesothelioma on August 13, 2008, after fighting the disease for two years. [ 43 ]


Australian journalist and news presenter Peter Leonard of Canberra succumbed to the condition on September 23, 2008.


Terrence McCann , Olympic gold medalist and longtime Executive Director of Toastmasters , died of mesothelioma on June 7, 2006, at his home in Dana Point, California.


Merlin Olsen , Pro Football Hall of Famer and television actor, died on March 10, 2010, from mesothelioma that had been diagnosed in 2009.

Notable people who have lived for some time with mesothelioma
Although life expectancy with this disease is typically limited, there are notable survivors. In July 1982, Stephen Jay Gould was diagnosed with peritoneal mesothelioma . After his diagnosis, Gould wrote the "The Median Isn't the Message" [ 44 ] for Discover magazine, in which he argued that statistics such as median survival are just useful abstractions, not destiny. Gould lived for another twenty years eventually succumbing to metastatic adenocarcinoma of the lung, not mesothelioma. Author Paul Kraus was diagnosed with peritoneal mesothelioma in July 1997. He was given a prognosis of less than a year to live and used a variety of complementary modalities. He continues to outlive his prognosis and wrote a book about his experience "Surviving Mesothelioma and Other Cancers: A Patient's Guide" [ 45 ] in which he presented his philosophy about healing and the decision making that led him to use integrative medicine .
Legal issues
Main article: Asbestos and the law
The first lawsuits against asbestos manufacturers were in 1929. Since then, many lawsuits have been filed against asbestos manufacturers and employers, for neglecting to implement safety measures after the links between asbestos, asbestosis, and mesothelioma became known (some reports seem to place this as early as 1898 ). The liability resulting from the sheer number of lawsuits and people affected has reached billions of dollars. [ 46 ] The amounts and method of allocating compensation have been the source of many court cases, reaching up to the United States Supreme Court, and government attempts at resolution of existing and future cases. However, to date, the US Congress has not stepped in and there are no federal laws governing asbestos compensation. [ 47 ]
Legal history
The first lawsuit against asbestos manufacturers was brought in 1929. The parties settled that lawsuit, and as part of the agreement, the attorneys agreed not to pursue further cases. In 1960, an article published by Wagner et al. was seminal in establishing mesothelioma as a disease arising from exposure to asbestos. [ 48 ] The article referred to over 30 case studies of people who had suffered from mesothelioma in South Africa. Some exposures were transient and some were mine workers. Prior to the use of advanced microscopy techniques, malignant mesothelioma was often diagnosed as a variant form of lung cancer. [ 49 ] In 1962 McNulty reported the first diagnosed case of malignant mesothelioma in an Australian asbestos worker. [ 50 ] The worker had worked in the mill at the asbestos mine in Wittenoom from 1948 to 1950.
In the town of Wittenoom , asbestos-containing mine waste was used to cover schoolyards and playgrounds. In 1965 an article in the British Journal of Industrial Medicine established that people who lived in the neighbourhoods of asbestos factories and mines, but did not work in them, had contracted mesothelioma.
Despite proof that the dust associated with asbestos mining and milling causes asbestos-related disease, mining began at Wittenoom in 1943 and continued until 1966. In 1974 the first public warnings of the dangers of blue asbestos were published in a cover story called "Is this Killer in Your Home?" in Australia's Bulletin magazine. In 1978 the Western Australian Government decided to phase out the town of Wittenoom, following the publication of a Health Dept. booklet, "The Health Hazard at Wittenoom", containing the results of air sampling and an appraisal of worldwide medical information.
By 1979 the first writs for negligence related to Wittenoom were issued against CSR and its subsidiary ABA, and the Asbestos Diseases Society was formed to represent the Wittenoom victims.
In Leeds , England the Armley asbestos disaster involved several court cases against Turner & Newall where local residents who contracted mesothelioma claimed compensation because of the asbestos pollution from the company's factory. One notable case was that of June Hancock, who contracted the disease in 1993 and died in 1997. [ 51 ]
See also

Mesothelioma Applied Research Foundation
Asbestosis
Peritoneal Mesothelioma
Serous carcinoma

asbestosis


Asbestosis is a chronic inflammatory and fibrotic medical condition affecting the parenchymal tissue of the lungs caused by the inhalation and retention of asbestos fibers. It usually occurs after high intensity and/or long-term exposure to asbestos (particularly in those individuals working on the production or end-use of products containing asbestos) and is therefore regarded as an occupational lung disease . People with extensive occupational exposure to the mining, manufacturing, handling or removal of asbestos are at risk of developing asbestosis. [ 1 ] Sufferers may experience severe dyspnea (shortness of breath) and are at an increased risk for certain malignancies , including lung cancer and mesothelioma . [ 2 ] Asbestosis specifically refers to interstitial (parenchymal) fibrosis from asbestos, and not pleural fibrosis or plaquing.





Contents


1 Pathogenesis
2 Signs and symptoms
3 Clinical Diagnosis
4 Treatment
5 Legal issues
6 See also
7 References
8 External links





//

Pathogenesis
Asbestosis is the scarring of lung tissue (around terminal bronchioles and alveolar ducts) resulting from the inhalation of asbestos fibers. [ 3 ] There are two types of fibers: amphibole (thin and straight) and serpentine (curved). The former are primarily responsible for human disease as they are able to penetrate deeply into the lungs. When such fibers reach the alveoli (air sacs) in the lung, where oxygen is transferred into the blood, the foreign bodies (asbestos fibers) cause the activation of the lung's local immune system and provoke an inflammatory reaction. This inflammatory reaction can be described as chronic rather than acute, with a slow ongoing progression of the immune system in an attempt to eliminate the foreign fibers. Macrophages phagocytose (ingest) the fibers and stimulate fibroblasts to deposit connective tissue. Due to the asbestos fibers' natural resistance to digestion, the macrophage dies off, releasing cytokines and attracting further lung macrophages and fibrolastic cells to lay down fibrous tissue, which eventually forms a fibrous mass. The result is interstitial fibrosis. The fibrotic scar tissue causes alveolar walls to thicken, which reduces elasticity and gas diffusion, reducing oxygen transfer to the blood as well as the removal of carbon dioxide .

Signs and symptoms
The signs and symptoms of asbestosis do not manifest until after an appreciable latency (time since first exposure), often several decades under current conditions in the US. [ 4 ] The primary symptom of asbestosis is generally the slow onset of dyspnea, especially on exertion. [ 5 ] Clinically advanced cases of asbestosis may lead to respiratory failure . On auscultation of the lungs, the physician may hear inspiratory rales.

The characteristic pulmonary function finding in asbestosis is a restrictive ventilatory defect. [ 6 ] This manifests as a reduction in lung volumes, particularly the Vital Capacity (VC) and Total Lung Capacity (TLC). The TLC may be reduced through alveolar wall thickening; however this is not always the case. [ 7 ] Large airway function, as reflected by FEV 1 /FVC, is generally well preserved. [ 4 ] In the more severe cases, the drastic reduction in lung function due to the stiffening of the lungs and reduced TLC may induce right-sided heart failure ( cor pulmonale ). [ 8 ] [ 9 ] In addition to a restrictive defect, asbestosis may produce reduction in Diffusion Capacity and arterial hypoxemia.

Clinical Diagnosis




Close-up asbestosis right lower zone ILO 2/2 S/S






Lateral Chest X-ray in asbestosis shows plaquing of the diaphragm .


According to the American Thoracic Society (ATS) [ 4 ] , the general diagnostic criteria for asbestosis are:

Evidence of structural pathology consistent with asbestosis, as documented by imaging or histology
Evidence of causation by asbestos as documented by the occupational and environmental history, markers of exposure (usually pleural plaques), recovery of asbestos bodies, or other means
Exclusion of alternative plausible causes for the findings

The abnormal chest x-ray and its interpretation remain the most important factors in establishing the presence of pulmonary fibrosis. [ 4 ] The findings usually appear as small, irregular parenchymal opacities, primarily in the lung bases. Using the ILO Classification system, "s", "t", and/or "u" opacities predominate. CT or high-resolution CT (HRCT) are more sensitive than plain radiography at detecting pulmonary fibrosis (as well as any underlying pleural changes). More than 50% of people affected with asbestosis develop plaques in the parietal pleura , the space between the chest wall and lungs. Once apparent, the radiographic findings in asbestosis may slowly progress or remain static, even in the absence of further asbestos exposure. [ 10 ] Rapid progression suggests an alternative diagnosis.
Asbestosis resembles many other diffuse interstitial lung diseases, including other pneumoconioses . The differential diagnosis includes Idiopathic Pulmonary Fibrosis (IPF), Hypersensitivity pneumonitis , sarcoidosis , and others. The presence of pleural plaquing may provide supportive evidence of causation by asbestos. Although lung biopsy is usually not necessary, the presence of asbestos bodies in association with pulmonary fibrosis establishes the diagnosis. [ 11 ] Conversely, interstitial pulmonary fibrosis in the absence of asbestos bodies is most likely not asbestosis. [ 4 ] Asbestos bodies in the absence of fibrosis indicate exposure, not disease.

Treatment
There is no curative treatment for asbestosis. [ 12 ] Oxygen therapy at home is often necessary to relieve the shortness of breath and correct underlying hypoxia. Supportive treatment of symptoms includes respiratory physiotherapy to remove secretions from the lungs by postural drainage, chest percussion, and vibration. Nebulized medications may be prescribed in order to loosen secretions or treat underlying Chronic Obstructive Pulmonary Disease . Immunization against pneumococcal pneumonia and annual influenza vaccination should be administered. Patients should be advised that they are at increased risk for certain malignancies, and if they still smoke, smoking cessation is highly recommended. They should undergo periodic PFTs, chest x-rays, and clinical evaluations, including cancer screening/evaluations, as appropriate. In many jurisdictions, the diagnosis of asbestosis is reportable to the State Health Department. Additionally, the individual may have legal or adjudication options for compensation. Removal from further asbestos exposures is recommended.
Legal issues
Main article: Asbestos and the law
The first lawsuits against asbestos manufacturers were in 1929. Since then, many lawsuits have been filed against asbestos manufacturers and employers, [ 12 ] for neglecting to implement safety measures after the link between asbestos, asbestosis and mesothelioma became known (some reports seem to place this as early as 1898 in modern times). The liability resulting from the sheer number of lawsuits and people affected has reached billions of dollars. The amounts and method of allocating compensation have been the source of many court cases, and government attempts at resolution of existing and future cases.
See also

Pneumoconiosis

References


^ Becklake MR (1976). "Asbestos-related diseases of the lung and other organs: their epidemiology and implications for clinical practice". Am. Rev. Respir. Dis. 114 (1): 187–227. PMID   779552 .  
^ "World Health Organization. Air Quality Guidelines, 2nd Edition—Asbestos" (PDF) . http://www.euro.who.int/document/aiq/6_2_asbestos.pdf . Retrieved 2009-12-20 .  
^ Asbestosis: A Medical Dictionary, Bibliography, And Annotated Research Guide To Internet References . San Diego, Calif: Icon Health Publications. 2004. ISBN   0-597-84339-2 .  
^ a b c d e Guidotti TL, Miller A, Christiani D, et al. Diagnosis and Initial Management of Nonmalignant Diseases Related to Asbestos. Official Statement of the American Thoracic Society. Am J Respir Crit Care Med 2004; 170: 691-715.
^ Sporn, Thomas A; Roggli, Victor L.; Oury, Tim D (2004). Pathology of asbestos-associated diseases . Berlin: Springer. ISBN   0-387-20090-8 .  
^ Miller A, Lilis R, Godbold J, et al. Relationship of pulmonary function to radiographic interstitial fibrosis in 2,611 long-term asbestos insulators: an assessment of the International Labour Office profusion score. Am Rev Respir Dis 1992; 145:263-270.
^ Kilburn, HK, Warshaw RH, Airways Obstruction From Asbestos Exposure, Chest 1994;106;1061-1070
^ Roggli VL, Sanders LL (2000). "Asbestos content of lung tissue and carcinoma of the lung: a clinicopathologic correlation and mineral fiber analysis of 234 cases" . Ann Occup Hyg 44 (2): 109–17. PMID   10717262 . http://annhyg.oxfordjournals.org/cgi/pmidlookup?view=long&pmid=10717262 .  
^ Burdorf A, Swuste P (1999). "An expert system for the evaluation of historical asbestos exposure as diagnostic criterion in asbestos-related diseases" . Ann Occup Hyg 43 (1): 57–66. PMID   10028894 . http://annhyg.oxfordjournals.org/cgi/pmidlookup?view=long&pmid=10028894 .  
^ Becklake M, Case B. Fiber burden and asbestos-related lung disease:determinants of dose-response relationships. Am Rev Respir Crit Care Med 1994; 150:1488-1492.
^ Craighead JE, Abraham JL, Churg A, et al. The pathology of asbestos-associated diseases of the lungs and pleural cavities: Diagnostic criteria and proposed grading schema. Arch Pathol Lab Med 1982;106:544-596.
^ a b Berger, Stephen A.; Castleman, Barry I. (2005). Asbestos: medical and legal aspects . Gaithersburg, Md: Aspen Publishers. ISBN   0-7355-5260-6 .  


External links

ATSDR Case Studies in Environmental Medicine: Asbestos Toxicity U.S. Department of Health and Human Services
British Government Health and Safety Executive
Asbestos Exposure - National Cancer Institute, USA
Public Health Guidance: Asbestos, Queensland Govt., Australia (broken link)
Integrated Risk Information System: Asbestos
Information on Asbestos Induced Conditions

nursing home neglect


Elder abuse is a general term used to describe certain types of harm to older adults. Other terms commonly used include: "elder mistreatment", "senior abuse", "abuse in later life", "abuse of older adults", "abuse of older women", and "abuse of older men".
One of the more commonly accepted definitions of elder abuse is "a single, or repeated act, or lack of appropriate action, occurring within any relationship where there is an expectation of trust which causes harm or distress to an older person." [ 1 ] This definition has been adopted by the World Health Organization from a definition put forward by Action on Elder Abuse in the UK.
The core feature of this definition is that it focuses on harms where there is "expectation of trust" of the older person toward their abuser. Thus it includes harms by people the older person knows or with whom they have a relationship, such as a spouse, partner or family member, a friend or neighbor, or people that the older person relies on for services. Many forms of elder abuse are recognized as types of domestic violence or family violence.
The term elder abuse does not include general criminal activity against older persons, such as home break ins, "muggings" in the street or "distraction burglary", where a stranger distracts an older person at the doorstep while another person enters the property to steal.
In 2006 the [International Network for Prevention of Elder Abuse (INPEA)] designated June 15 as World Elder Abuse Awareness Day (WEAAD) and an increasing number of events are held across the globe on this day to raise awareness of elder abuse, and highlight ways to challenge such abuse. [ 2 ]




Contents


1 Types
2 Signs
3 Common abusers of older people
4 Abuse statistics
5 Abandonment
6 Self-abuse and neglect
7 Research
8 Where to get help
9 See also
10 References
11 Further reading
12 External links





//

Types
Although there are common themes of elder abuse across nations, there are also unique manifestations based upon history, culture, economic strength and societal perceptions of older people within nations themselves. The fundamental common denominator is the use of power and control by one individual to affect the well-being and status of another, older, individual.
There are several types of abuse of older people that are generally recognised as being elder abuse, including:

Physical : e.g. hitting, punching, slapping, burning, pushing, kicking, restraining, false imprisonment/confinement, or giving excessive or improper medication
Psychological/Emotional : e.g. shouting, swearing, frightening, or humiliating a person. A common theme is a perpetrator who identifies something that matters to an older person and then uses it to coerce an older person into a particular action. It may take verbal forms such as name-calling, ridiculing , constantly criticizing , accusations, blaming , and general disrespect, or non verbal forms such as ignoring, silence or shunning.
Financial abuse : also known as financial exploitation. e.g. illegal or unauthorized use of a person’s property, money, pension book or other valuables (including changing the person's will to name the abuser as heir). It may be obtained by deception , coercion , misrepresentation, or theft. The term includes fraudulently obtaining or use of a power of attorney. Other forms include deprivation of money or other property, or by eviction from own home
Sexual : e.g. forcing a person to take part in any sexual activity without his or her consent, including forcing them to participate in conversations of a sexual nature against their will; may also include situations where person is no longer able to give consent ( dementia )
Neglect : e.g. depriving a person of food, heat, clothing or comfort or essential medication and depriving a person of needed services to force certain kinds of actions, financial and otherwise. The deprivation may be intentional (active neglect) or happen out of lack of knowledge or resources (passive neglect).

In addition, some U.S. state laws [ 3 ] also recognise the following as elder abuse:

Rights abuse : denying the civil and constitutional rights of a person who is old, but not declared by court to be mentally incapacitated. This is an aspect of elder abuse that is increasingly being recognised and adopted by nations
Self-neglect : elderly persons neglecting themselves by not caring about their own health or safety. Self neglect ( harm by self) is treated as conceptually different than abuse (harm by others).
' Abandonment ' : deserting a dependent person with the intent to abandon them or leave them unattended at a place for such a time period as may be likely to endanger their health or welfare. [ 4 ]

Institutional abuse refers to physical or psychological harms, as well as rights violations in settings where care and assistance is provided to dependant older adults or others.
Signs
The signs of abuse vary considerably among older people and with the type of harm being experienced. An older person who is being abused may:

Say she or he is being harmed
Seem depressed and withdrawn; signs of depression in elders are not getting dressed, not performing basic care of themselves that they are able to do, never going out even if they can, inability to sleep or sleeping too much
Not accept invitations to spend time away from their family or a caregiver
Seem afraid to make their own decisions
Seem to be hiding something about a caregiver
Not have any spending money
Put off going to the doctor
Feel anxious and fearful
Try to "run away," leaving their place of residence and not wishing to return
Seem to have too many household "accidents" [ 5 ]

Any of these potential signs can indicate problems other than abuse or neglect, and none of these "proves" there is harms occurring. The presence of the signs simply indicate that further inquiry may be necessary.
Common abusers of older people
An abuser can be a spouse, partner, a relative, a friend or neighbor, a volunteer worker, a paid worker or a practitioner (e.g. a social worker, bank worker or solicitor). Relatives include adult children and their spouses or partners, their offspring and other extended family members.
Perpetrators of elder abuse can include anyone in a position of trust, control or authority. Family relationships, neighbours and friends, are all socially considered as relationships of trust, whether or not the older adult actually thinks of the people as "trustworthy". Some perpetrators may "groom" an older person (befriend or build a relationship with them) in order to establish a relationship of trust. Older people living alone who have no adult children living nearby are particularly vulnerable to "grooming" by neighbors and friends who would hope to gain control of their estates.
The majority of abusers are relatives, typically the older adult's spouse/partner or sons and daughters, although the type of abuse differs according to the relationship. In some situations the abuse is "domestic violence grown old", a situation in which the abusive behaviour of a spouse or partner continues into old age.
In some situations, an older couple may be attempting to care and support each other and failing, in the absence of external support. With sons and daughters it tends to be financial abuse, justified by a belief that it is nothing more than the "advance inheritance" of property, valuables and money.
Within paid care environments, abuse can occur for a variety of reasons. Some abuse is the wilful act of cruelty inflicted by a single individual upon an older person. More connoly, institional abuses or neglect may reflect lack of knowledge, lack of training, lack of support, or insufficient resourcing. Instititional abuse may be the consequence common practices or processes that are part of running of a care institution or service. Sometimes this type of abuse is referred to as "poor practice", although it is important to recognise that this term reflects the motive of the perpetrator (the causation) rather than the impact upon the older person.
With the aging of today's population, there is the potential that elder abuse will increase unless it is more comprehensively recognised and addressed.
Abuse statistics
There has been a generallack of reliable data in this area and it is often argued that the absence of data is a reflection of the low priority given to work associated with older people. However, over the past decade there has been a growing amount of research into the nature and extent of elder abuse. The research still varies considerably in the definitions being used, who is being asked and what is being asked. As a result, the statistics used in this area vary considerably.
One study suggests that around 25% of vulnerable older adults will report abuse in the previous month, totalling up to 6% of the general elderly population. [ 6 ] However, some consistent themes are beginning to emerge from interaction with abused elders, and through limited and small scale research projects. Work undertaken in Canada suggests that approximately 70% of elder abuse is perpetrated against women, and this is supported by evidence from the AEA helpline in the UK which identifies women as victims in 67% of calls. Also domestic violence in later life may be a continuation of long term partner abuse and, in some cases, abuse may begin with retirement or the onset of a health condition. [ 7 ] Certainly, abuse increases with age, with 78% of victims being over 70 years of age. [ 8 ]
The higher proportion of spousal homicides supports the suggestion that abuse of older women is often a continuation of long term spousal abuse against women. In contrast, the risk of homicide for older men was far greater outside the family than within. [ 9 ] This is an important point because the domestic violence of older people is often not recognised, and consequently strategies which have proved effective within the domestic violence arena have not been routinely transferred into circumstances involving the family abuse of older people.
According to the AEA helpline in the UK, abuse occurs primarily in the family home (64%), followed by residential care(23%)and then hospitals (5%), although a helpline does not necessarily provide a true reflection of such situations [ 8 ] as it is based upon the physical and mental ability of people to utilise such a resource.
Abandonment
Elder abuse can also include deserting an elderly, dependent person with the intent to abandon them or leave them unattended at a place for such a time period as may be likely to endanger their health or welfare. [ 4 ]
Self-abuse and neglect
Older adults may neglect themselves by not taking care of or caring about their own personal health and well-being. [ 10 ] Elder self-neglect can lead to illness, injury or even death. Common needs that the older adult may deny themselves or ignore are the following:

Sustenance (food or water)
Cleanliness (bathing and personal hygiene)
Adequate clothing for climate protection
Proper shelter
Adequate safety
Clean and healthy surroundings
Medical attention for serious illness
Essential medications

Self neglect is often created by an individual's declining mental awareness or capability.
Some older adults may choose to deny themselves some health or safety benefits, which may not be self-neglect. This may simply be their personal choice. Caregivers and other responsible individuals must honor these choices if the older adult is sound of mind. In other instances, the older adult may lack the needed resources, as a result of poverty or other social condition. This is also not considered as "self neglect".
Research
Research conducted in New Zealand broadly supports the above findings, with some variations. Of 1288 cases in 2002–2004, 1201 individuals, 42 couples and 45 groups were found to have been abused. Of these, 70 percent were female. Psychological abuse (59%), followed by material/financial (42%) and physical abuse (12%) were the most frequently identified types of abuse. Sexual abuse occurred in 2 percent of reported cases. [ 11 ]
Age Concern New Zealand found that most abusers are family members (70%), most commonly sons or daughters (40%). Older abusers (those over 65 years) are more likely to be husbands. [ 11 ]
In 2007 4,766 cases of suspected abuse, neglect, or financial exploitation involving older adults were reported, an increase of 9 percent over 2006. Tragically, 19 incidents were related to a death, and a total of 303 incidents were considered life-threatening. About one in 11 incidents involved a life-threatening or fatal situation.
Where to get help
For those over the age of 60, help is available through local Area Agencies on Aging (AAA) that include older adult protective services as an important component of their aging services. The phone number for local AAA offices can be found in the phone book blue pages under Abuse/Assault. [ 5 ]
National Center on Elder Abuse The National Center on Elder Abuse (NCEA) serves as a national resource center dedicated to the prevention of elder mistreatment. First established by the U.S. Administration on Aging (AoA) in 1988 as a national elder abuse resource center, the NCEA was granted a permanent home at AoA in the 1992 amendments made to Title II of the Older Americans Act.
National Committee for the Prevention of Elder Abuse (NCPEA) The National Committee for the Prevention of Elder Abuse is an association of researchers, practitioners, educators, and advocates dedicated to protecting the safety, security, and dignity of America’s most vulnerable citizens. It was established in 1988 to achieve a clearer understanding of abuse and provide direction and leadership to prevent it.
See also

Aging in place
Assisted living
Elder care
Adult Protective Services
Psychological abuse
Psychological manipulation

References


^ [1] , Action on Elder Abuse , accessed October 12, 2007.
^ International Network for the Prevention of Elder Abuse , accessed June 26, 2007.
^ Nursing Home Abuse Laws (NHAL), http://www.nursinghomeabuselaws.org/elders/
^ a b Oregon Revised Statutes.
^ a b Institute for Good Medicine at the Pennsylvania Medical Society, http://www.myfamilywellness.org/MainMenuCategories/FamilyHealthCenter/DomesticViolence/ElderAbuse.aspx
^ Cooper C, Selwood A, Livingston G (March 2008). "The prevalence of elder abuse and neglect: a systematic review" . Age Ageing 37 (2): 151–60. doi : 10.1093/ageing/afm194 . PMID   18349012 . http://ageing.oxfordjournals.org/cgi/pmidlookup?view=long&pmid=18349012 .  
^ Silent and Invisible: A Report on Abuse and Violence in the Lives of Older Women in British Columbia and Yukon, 2001.
^ a b Hidden Voices, Action on Elder Abuse, 2005.
^ Statistics Canada, 1999, 38.
^ Tina de Benedictis, Ph.D., Jaelline Jaffe, Ph.D., and Jeanne Segal, Ph.D., (2007) Elder Abuse Types, Signs, Symptoms, Causes, and Help. Helpguide, helpguide.org.
^ a b Age Concern Elder Abuse and Neglect Prevention Services: An Analysis of Referrals for the period 1 July 2002 to 30 June 2004. Age Concern New Zealand, November 2005.


Further reading

Nerenberg, Lisa Elder Abuse Prevention: Emerging Trends and Promising Strategies (2007)

External links

Action on Elder Abuse website
Canadian Network for the Prevention of Elder Abuse
Elder Abuse Prevention Video Training
International Network for the Prevention of Elder Abuse website (INPEA)
National Adult Protective Services Association
National Center For Elder Abuse (NCEA)
The National Committee for the Prevention of Elder Abuse (NCPEA)
World Health Organization website
Website of European project for the Prevention of Elder Abuse, funded by the European Commission

nursing home abuse


Elder abuse is a general term used to describe certain types of harm to older adults. Other terms commonly used include: "elder mistreatment", "senior abuse", "abuse in later life", "abuse of older adults", "abuse of older women", and "abuse of older men".
One of the more commonly accepted definitions of elder abuse is "a single, or repeated act, or lack of appropriate action, occurring within any relationship where there is an expectation of trust which causes harm or distress to an older person." [ 1 ] This definition has been adopted by the World Health Organization from a definition put forward by Action on Elder Abuse in the UK.
The core feature of this definition is that it focuses on harms where there is "expectation of trust" of the older person toward their abuser. Thus it includes harms by people the older person knows or with whom they have a relationship, such as a spouse, partner or family member, a friend or neighbor, or people that the older person relies on for services. Many forms of elder abuse are recognized as types of domestic violence or family violence.
The term elder abuse does not include general criminal activity against older persons, such as home break ins, "muggings" in the street or "distraction burglary", where a stranger distracts an older person at the doorstep while another person enters the property to steal.
In 2006 the [International Network for Prevention of Elder Abuse (INPEA)] designated June 15 as World Elder Abuse Awareness Day (WEAAD) and an increasing number of events are held across the globe on this day to raise awareness of elder abuse, and highlight ways to challenge such abuse. [ 2 ]




Contents


1 Types
2 Signs
3 Common abusers of older people
4 Abuse statistics
5 Abandonment
6 Self-abuse and neglect
7 Research
8 Where to get help
9 See also
10 References
11 Further reading
12 External links





//

Types
Although there are common themes of elder abuse across nations, there are also unique manifestations based upon history, culture, economic strength and societal perceptions of older people within nations themselves. The fundamental common denominator is the use of power and control by one individual to affect the well-being and status of another, older, individual.
There are several types of abuse of older people that are generally recognised as being elder abuse, including:

Physical : e.g. hitting, punching, slapping, burning, pushing, kicking, restraining, false imprisonment/confinement, or giving excessive or improper medication
Psychological/Emotional : e.g. shouting, swearing, frightening, or humiliating a person. A common theme is a perpetrator who identifies something that matters to an older person and then uses it to coerce an older person into a particular action. It may take verbal forms such as name-calling, ridiculing , constantly criticizing , accusations, blaming , and general disrespect, or non verbal forms such as ignoring, silence or shunning.
Financial abuse : also known as financial exploitation. e.g. illegal or unauthorized use of a person’s property, money, pension book or other valuables (including changing the person's will to name the abuser as heir). It may be obtained by deception , coercion , misrepresentation, or theft. The term includes fraudulently obtaining or use of a power of attorney. Other forms include deprivation of money or other property, or by eviction from own home
Sexual : e.g. forcing a person to take part in any sexual activity without his or her consent, including forcing them to participate in conversations of a sexual nature against their will; may also include situations where person is no longer able to give consent ( dementia )
Neglect : e.g. depriving a person of food, heat, clothing or comfort or essential medication and depriving a person of needed services to force certain kinds of actions, financial and otherwise. The deprivation may be intentional (active neglect) or happen out of lack of knowledge or resources (passive neglect).

In addition, some U.S. state laws [ 3 ] also recognise the following as elder abuse:

Rights abuse : denying the civil and constitutional rights of a person who is old, but not declared by court to be mentally incapacitated. This is an aspect of elder abuse that is increasingly being recognised and adopted by nations
Self-neglect : elderly persons neglecting themselves by not caring about their own health or safety. Self neglect ( harm by self) is treated as conceptually different than abuse (harm by others).
' Abandonment ' : deserting a dependent person with the intent to abandon them or leave them unattended at a place for such a time period as may be likely to endanger their health or welfare. [ 4 ]

Institutional abuse refers to physical or psychological harms, as well as rights violations in settings where care and assistance is provided to dependant older adults or others.
Signs
The signs of abuse vary considerably among older people and with the type of harm being experienced. An older person who is being abused may:

Say she or he is being harmed
Seem depressed and withdrawn; signs of depression in elders are not getting dressed, not performing basic care of themselves that they are able to do, never going out even if they can, inability to sleep or sleeping too much
Not accept invitations to spend time away from their family or a caregiver
Seem afraid to make their own decisions
Seem to be hiding something about a caregiver
Not have any spending money
Put off going to the doctor
Feel anxious and fearful
Try to "run away," leaving their place of residence and not wishing to return
Seem to have too many household "accidents" [ 5 ]

Any of these potential signs can indicate problems other than abuse or neglect, and none of these "proves" there is harms occurring. The presence of the signs simply indicate that further inquiry may be necessary.
Common abusers of older people
An abuser can be a spouse, partner, a relative, a friend or neighbor, a volunteer worker, a paid worker or a practitioner (e.g. a social worker, bank worker or solicitor). Relatives include adult children and their spouses or partners, their offspring and other extended family members.
Perpetrators of elder abuse can include anyone in a position of trust, control or authority. Family relationships, neighbours and friends, are all socially considered as relationships of trust, whether or not the older adult actually thinks of the people as "trustworthy". Some perpetrators may "groom" an older person (befriend or build a relationship with them) in order to establish a relationship of trust. Older people living alone who have no adult children living nearby are particularly vulnerable to "grooming" by neighbors and friends who would hope to gain control of their estates.
The majority of abusers are relatives, typically the older adult's spouse/partner or sons and daughters, although the type of abuse differs according to the relationship. In some situations the abuse is "domestic violence grown old", a situation in which the abusive behaviour of a spouse or partner continues into old age.
In some situations, an older couple may be attempting to care and support each other and failing, in the absence of external support. With sons and daughters it tends to be financial abuse, justified by a belief that it is nothing more than the "advance inheritance" of property, valuables and money.
Within paid care environments, abuse can occur for a variety of reasons. Some abuse is the wilful act of cruelty inflicted by a single individual upon an older person. More connoly, institional abuses or neglect may reflect lack of knowledge, lack of training, lack of support, or insufficient resourcing. Instititional abuse may be the consequence common practices or processes that are part of running of a care institution or service. Sometimes this type of abuse is referred to as "poor practice", although it is important to recognise that this term reflects the motive of the perpetrator (the causation) rather than the impact upon the older person.
With the aging of today's population, there is the potential that elder abuse will increase unless it is more comprehensively recognised and addressed.
Abuse statistics
There has been a generallack of reliable data in this area and it is often argued that the absence of data is a reflection of the low priority given to work associated with older people. However, over the past decade there has been a growing amount of research into the nature and extent of elder abuse. The research still varies considerably in the definitions being used, who is being asked and what is being asked. As a result, the statistics used in this area vary considerably.
One study suggests that around 25% of vulnerable older adults will report abuse in the previous month, totalling up to 6% of the general elderly population. [ 6 ] However, some consistent themes are beginning to emerge from interaction with abused elders, and through limited and small scale research projects. Work undertaken in Canada suggests that approximately 70% of elder abuse is perpetrated against women, and this is supported by evidence from the AEA helpline in the UK which identifies women as victims in 67% of calls. Also domestic violence in later life may be a continuation of long term partner abuse and, in some cases, abuse may begin with retirement or the onset of a health condition. [ 7 ] Certainly, abuse increases with age, with 78% of victims being over 70 years of age. [ 8 ]
The higher proportion of spousal homicides supports the suggestion that abuse of older women is often a continuation of long term spousal abuse against women. In contrast, the risk of homicide for older men was far greater outside the family than within. [ 9 ] This is an important point because the domestic violence of older people is often not recognised, and consequently strategies which have proved effective within the domestic violence arena have not been routinely transferred into circumstances involving the family abuse of older people.
According to the AEA helpline in the UK, abuse occurs primarily in the family home (64%), followed by residential care(23%)and then hospitals (5%), although a helpline does not necessarily provide a true reflection of such situations [ 8 ] as it is based upon the physical and mental ability of people to utilise such a resource.
Abandonment
Elder abuse can also include deserting an elderly, dependent person with the intent to abandon them or leave them unattended at a place for such a time period as may be likely to endanger their health or welfare. [ 4 ]
Self-abuse and neglect
Older adults may neglect themselves by not taking care of or caring about their own personal health and well-being. [ 10 ] Elder self-neglect can lead to illness, injury or even death. Common needs that the older adult may deny themselves or ignore are the following:

Sustenance (food or water)
Cleanliness (bathing and personal hygiene)
Adequate clothing for climate protection
Proper shelter
Adequate safety
Clean and healthy surroundings
Medical attention for serious illness
Essential medications

Self neglect is often created by an individual's declining mental awareness or capability.
Some older adults may choose to deny themselves some health or safety benefits, which may not be self-neglect. This may simply be their personal choice. Caregivers and other responsible individuals must honor these choices if the older adult is sound of mind. In other instances, the older adult may lack the needed resources, as a result of poverty or other social condition. This is also not considered as "self neglect".
Research
Research conducted in New Zealand broadly supports the above findings, with some variations. Of 1288 cases in 2002–2004, 1201 individuals, 42 couples and 45 groups were found to have been abused. Of these, 70 percent were female. Psychological abuse (59%), followed by material/financial (42%) and physical abuse (12%) were the most frequently identified types of abuse. Sexual abuse occurred in 2 percent of reported cases. [ 11 ]
Age Concern New Zealand found that most abusers are family members (70%), most commonly sons or daughters (40%). Older abusers (those over 65 years) are more likely to be husbands. [ 11 ]
In 2007 4,766 cases of suspected abuse, neglect, or financial exploitation involving older adults were reported, an increase of 9 percent over 2006. Tragically, 19 incidents were related to a death, and a total of 303 incidents were considered life-threatening. About one in 11 incidents involved a life-threatening or fatal situation.
Where to get help
For those over the age of 60, help is available through local Area Agencies on Aging (AAA) that include older adult protective services as an important component of their aging services. The phone number for local AAA offices can be found in the phone book blue pages under Abuse/Assault. [ 5 ]
National Center on Elder Abuse The National Center on Elder Abuse (NCEA) serves as a national resource center dedicated to the prevention of elder mistreatment. First established by the U.S. Administration on Aging (AoA) in 1988 as a national elder abuse resource center, the NCEA was granted a permanent home at AoA in the 1992 amendments made to Title II of the Older Americans Act.
National Committee for the Prevention of Elder Abuse (NCPEA) The National Committee for the Prevention of Elder Abuse is an association of researchers, practitioners, educators, and advocates dedicated to protecting the safety, security, and dignity of America’s most vulnerable citizens. It was established in 1988 to achieve a clearer understanding of abuse and provide direction and leadership to prevent it.
See also

Aging in place
Assisted living
Elder care
Adult Protective Services
Psychological abuse
Psychological manipulation

References


^ [1] , Action on Elder Abuse , accessed October 12, 2007.
^ International Network for the Prevention of Elder Abuse , accessed June 26, 2007.
^ Nursing Home Abuse Laws (NHAL), http://www.nursinghomeabuselaws.org/elders/
^ a b Oregon Revised Statutes.
^ a b Institute for Good Medicine at the Pennsylvania Medical Society, http://www.myfamilywellness.org/MainMenuCategories/FamilyHealthCenter/DomesticViolence/ElderAbuse.aspx
^ Cooper C, Selwood A, Livingston G (March 2008). "The prevalence of elder abuse and neglect: a systematic review" . Age Ageing 37 (2): 151–60. doi : 10.1093/ageing/afm194 . PMID   18349012 . http://ageing.oxfordjournals.org/cgi/pmidlookup?view=long&pmid=18349012 .  
^ Silent and Invisible: A Report on Abuse and Violence in the Lives of Older Women in British Columbia and Yukon, 2001.
^ a b Hidden Voices, Action on Elder Abuse, 2005.
^ Statistics Canada, 1999, 38.
^ Tina de Benedictis, Ph.D., Jaelline Jaffe, Ph.D., and Jeanne Segal, Ph.D., (2007) Elder Abuse Types, Signs, Symptoms, Causes, and Help. Helpguide, helpguide.org.
^ a b Age Concern Elder Abuse and Neglect Prevention Services: An Analysis of Referrals for the period 1 July 2002 to 30 June 2004. Age Concern New Zealand, November 2005.


Further reading

Nerenberg, Lisa Elder Abuse Prevention: Emerging Trends and Promising Strategies (2007)

External links

Action on Elder Abuse website
Canadian Network for the Prevention of Elder Abuse
Elder Abuse Prevention Video Training
International Network for the Prevention of Elder Abuse website (INPEA)
National Adult Protective Services Association
National Center For Elder Abuse (NCEA)
The National Committee for the Prevention of Elder Abuse (NCPEA)
World Health Organization website
Website of European project for the Prevention of Elder Abuse, funded by the European Commission

signs of nursing home neglect


Elder abuse is a general term used to describe certain types of harm to older adults. Other terms commonly used include: "elder mistreatment", "senior abuse", "abuse in later life", "abuse of older adults", "abuse of older women", and "abuse of older men".
One of the more commonly accepted definitions of elder abuse is "a single, or repeated act, or lack of appropriate action, occurring within any relationship where there is an expectation of trust which causes harm or distress to an older person." [ 1 ] This definition has been adopted by the World Health Organization from a definition put forward by Action on Elder Abuse in the UK.
The core feature of this definition is that it focuses on harms where there is "expectation of trust" of the older person toward their abuser. Thus it includes harms by people the older person knows or with whom they have a relationship, such as a spouse, partner or family member, a friend or neighbor, or people that the older person relies on for services. Many forms of elder abuse are recognized as types of domestic violence or family violence.
The term elder abuse does not include general criminal activity against older persons, such as home break ins, "muggings" in the street or "distraction burglary", where a stranger distracts an older person at the doorstep while another person enters the property to steal.
In 2006 the [International Network for Prevention of Elder Abuse (INPEA)] designated June 15 as World Elder Abuse Awareness Day (WEAAD) and an increasing number of events are held across the globe on this day to raise awareness of elder abuse, and highlight ways to challenge such abuse. [ 2 ]




Contents


1 Types
2 Signs
3 Common abusers of older people
4 Abuse statistics
5 Abandonment
6 Self-abuse and neglect
7 Research
8 Where to get help
9 See also
10 References
11 Further reading
12 External links





//

Types
Although there are common themes of elder abuse across nations, there are also unique manifestations based upon history, culture, economic strength and societal perceptions of older people within nations themselves. The fundamental common denominator is the use of power and control by one individual to affect the well-being and status of another, older, individual.
There are several types of abuse of older people that are generally recognised as being elder abuse, including:

Physical : e.g. hitting, punching, slapping, burning, pushing, kicking, restraining, false imprisonment/confinement, or giving excessive or improper medication
Psychological/Emotional : e.g. shouting, swearing, frightening, or humiliating a person. A common theme is a perpetrator who identifies something that matters to an older person and then uses it to coerce an older person into a particular action. It may take verbal forms such as name-calling, ridiculing , constantly criticizing , accusations, blaming , and general disrespect, or non verbal forms such as ignoring, silence or shunning.
Financial abuse : also known as financial exploitation. e.g. illegal or unauthorized use of a person’s property, money, pension book or other valuables (including changing the person's will to name the abuser as heir). It may be obtained by deception , coercion , misrepresentation, or theft. The term includes fraudulently obtaining or use of a power of attorney. Other forms include deprivation of money or other property, or by eviction from own home
Sexual : e.g. forcing a person to take part in any sexual activity without his or her consent, including forcing them to participate in conversations of a sexual nature against their will; may also include situations where person is no longer able to give consent ( dementia )
Neglect : e.g. depriving a person of food, heat, clothing or comfort or essential medication and depriving a person of needed services to force certain kinds of actions, financial and otherwise. The deprivation may be intentional (active neglect) or happen out of lack of knowledge or resources (passive neglect).

In addition, some U.S. state laws [ 3 ] also recognise the following as elder abuse:

Rights abuse : denying the civil and constitutional rights of a person who is old, but not declared by court to be mentally incapacitated. This is an aspect of elder abuse that is increasingly being recognised and adopted by nations
Self-neglect : elderly persons neglecting themselves by not caring about their own health or safety. Self neglect ( harm by self) is treated as conceptually different than abuse (harm by others).
' Abandonment ' : deserting a dependent person with the intent to abandon them or leave them unattended at a place for such a time period as may be likely to endanger their health or welfare. [ 4 ]

Institutional abuse refers to physical or psychological harms, as well as rights violations in settings where care and assistance is provided to dependant older adults or others.
Signs
The signs of abuse vary considerably among older people and with the type of harm being experienced. An older person who is being abused may:

Say she or he is being harmed
Seem depressed and withdrawn; signs of depression in elders are not getting dressed, not performing basic care of themselves that they are able to do, never going out even if they can, inability to sleep or sleeping too much
Not accept invitations to spend time away from their family or a caregiver
Seem afraid to make their own decisions
Seem to be hiding something about a caregiver
Not have any spending money
Put off going to the doctor
Feel anxious and fearful
Try to "run away," leaving their place of residence and not wishing to return
Seem to have too many household "accidents" [ 5 ]

Any of these potential signs can indicate problems other than abuse or neglect, and none of these "proves" there is harms occurring. The presence of the signs simply indicate that further inquiry may be necessary.
Common abusers of older people
An abuser can be a spouse, partner, a relative, a friend or neighbor, a volunteer worker, a paid worker or a practitioner (e.g. a social worker, bank worker or solicitor). Relatives include adult children and their spouses or partners, their offspring and other extended family members.
Perpetrators of elder abuse can include anyone in a position of trust, control or authority. Family relationships, neighbours and friends, are all socially considered as relationships of trust, whether or not the older adult actually thinks of the people as "trustworthy". Some perpetrators may "groom" an older person (befriend or build a relationship with them) in order to establish a relationship of trust. Older people living alone who have no adult children living nearby are particularly vulnerable to "grooming" by neighbors and friends who would hope to gain control of their estates.
The majority of abusers are relatives, typically the older adult's spouse/partner or sons and daughters, although the type of abuse differs according to the relationship. In some situations the abuse is "domestic violence grown old", a situation in which the abusive behaviour of a spouse or partner continues into old age.
In some situations, an older couple may be attempting to care and support each other and failing, in the absence of external support. With sons and daughters it tends to be financial abuse, justified by a belief that it is nothing more than the "advance inheritance" of property, valuables and money.
Within paid care environments, abuse can occur for a variety of reasons. Some abuse is the wilful act of cruelty inflicted by a single individual upon an older person. More connoly, institional abuses or neglect may reflect lack of knowledge, lack of training, lack of support, or insufficient resourcing. Instititional abuse may be the consequence common practices or processes that are part of running of a care institution or service. Sometimes this type of abuse is referred to as "poor practice", although it is important to recognise that this term reflects the motive of the perpetrator (the causation) rather than the impact upon the older person.
With the aging of today's population, there is the potential that elder abuse will increase unless it is more comprehensively recognised and addressed.
Abuse statistics
There has been a generallack of reliable data in this area and it is often argued that the absence of data is a reflection of the low priority given to work associated with older people. However, over the past decade there has been a growing amount of research into the nature and extent of elder abuse. The research still varies considerably in the definitions being used, who is being asked and what is being asked. As a result, the statistics used in this area vary considerably.
One study suggests that around 25% of vulnerable older adults will report abuse in the previous month, totalling up to 6% of the general elderly population. [ 6 ] However, some consistent themes are beginning to emerge from interaction with abused elders, and through limited and small scale research projects. Work undertaken in Canada suggests that approximately 70% of elder abuse is perpetrated against women, and this is supported by evidence from the AEA helpline in the UK which identifies women as victims in 67% of calls. Also domestic violence in later life may be a continuation of long term partner abuse and, in some cases, abuse may begin with retirement or the onset of a health condition. [ 7 ] Certainly, abuse increases with age, with 78% of victims being over 70 years of age. [ 8 ]
The higher proportion of spousal homicides supports the suggestion that abuse of older women is often a continuation of long term spousal abuse against women. In contrast, the risk of homicide for older men was far greater outside the family than within. [ 9 ] This is an important point because the domestic violence of older people is often not recognised, and consequently strategies which have proved effective within the domestic violence arena have not been routinely transferred into circumstances involving the family abuse of older people.
According to the AEA helpline in the UK, abuse occurs primarily in the family home (64%), followed by residential care(23%)and then hospitals (5%), although a helpline does not necessarily provide a true reflection of such situations [ 8 ] as it is based upon the physical and mental ability of people to utilise such a resource.
Abandonment
Elder abuse can also include deserting an elderly, dependent person with the intent to abandon them or leave them unattended at a place for such a time period as may be likely to endanger their health or welfare. [ 4 ]
Self-abuse and neglect
Older adults may neglect themselves by not taking care of or caring about their own personal health and well-being. [ 10 ] Elder self-neglect can lead to illness, injury or even death. Common needs that the older adult may deny themselves or ignore are the following:

Sustenance (food or water)
Cleanliness (bathing and personal hygiene)
Adequate clothing for climate protection
Proper shelter
Adequate safety
Clean and healthy surroundings
Medical attention for serious illness
Essential medications

Self neglect is often created by an individual's declining mental awareness or capability.
Some older adults may choose to deny themselves some health or safety benefits, which may not be self-neglect. This may simply be their personal choice. Caregivers and other responsible individuals must honor these choices if the older adult is sound of mind. In other instances, the older adult may lack the needed resources, as a result of poverty or other social condition. This is also not considered as "self neglect".
Research
Research conducted in New Zealand broadly supports the above findings, with some variations. Of 1288 cases in 2002–2004, 1201 individuals, 42 couples and 45 groups were found to have been abused. Of these, 70 percent were female. Psychological abuse (59%), followed by material/financial (42%) and physical abuse (12%) were the most frequently identified types of abuse. Sexual abuse occurred in 2 percent of reported cases. [ 11 ]
Age Concern New Zealand found that most abusers are family members (70%), most commonly sons or daughters (40%). Older abusers (those over 65 years) are more likely to be husbands. [ 11 ]
In 2007 4,766 cases of suspected abuse, neglect, or financial exploitation involving older adults were reported, an increase of 9 percent over 2006. Tragically, 19 incidents were related to a death, and a total of 303 incidents were considered life-threatening. About one in 11 incidents involved a life-threatening or fatal situation.
Where to get help
For those over the age of 60, help is available through local Area Agencies on Aging (AAA) that include older adult protective services as an important component of their aging services. The phone number for local AAA offices can be found in the phone book blue pages under Abuse/Assault. [ 5 ]
National Center on Elder Abuse The National Center on Elder Abuse (NCEA) serves as a national resource center dedicated to the prevention of elder mistreatment. First established by the U.S. Administration on Aging (AoA) in 1988 as a national elder abuse resource center, the NCEA was granted a permanent home at AoA in the 1992 amendments made to Title II of the Older Americans Act.
National Committee for the Prevention of Elder Abuse (NCPEA) The National Committee for the Prevention of Elder Abuse is an association of researchers, practitioners, educators, and advocates dedicated to protecting the safety, security, and dignity of America’s most vulnerable citizens. It was established in 1988 to achieve a clearer understanding of abuse and provide direction and leadership to prevent it.
See also

nursing home law


A nursing home , convalescent home , Skilled Nursing Unit ( SNU ), care home or rest home provides a type of care of residents : it is a place of residence for people who require constant nursing care and have significant deficiencies with activities of daily living . Residents include the elderly and younger adults with physical or mental disabilities . Residents in a skilled nursing facility may also receive physical, occupational, and other rehabilitative therapies following an accident or illness.




Contents


1 United States

1.1 Services
1.2 U.S. Government regulations and oversight

1.2.1 Medicare and Medicaid surveys

1.2.1.1 Structure
1.2.1.2 Process
1.2.1.3 Outcome




1.3 Consumer choices

1.3.1 Trends


1.4 Quality of life

1.4.1 Task-oriented care
1.4.2 Resident-oriented care

1.4.2.1 Scientific findings


1.4.3 Emergency management




2 United Kingdom
3 See also
4 References
5 External links





//

United States
In the United States, a "Skilled Nursing Facility" or "SNF" is a nursing home certified to participate in, and be reimbursed by Medicare. Medicare is the federal program primarily for the aged who contributed to Social Security and Medicare while they were employed. A "Nursing Facility" or "NF" is a nursing home certified to participate in, and be reimbursed by Medicaid. Medicaid is the federal program implemented with each State to provide health care and related services to those who are "poor." Each State defines poverty and; therefore, Medicaid eligibility. Those eligible for Medicaid may be aged, disabled or children (e.g. Children's Health Insurance Programs - CHIPs and Maternal-Child wellness and food programs).
In the United States, each State "licenses" its nursing homes, making them subject to the State's laws and regulations. Nursing homes may choose to participate in Medicare and/or Medicaid. If they pass a survey (inspection), they are "certified" and are also subject to federal laws and regulations. All or part of a nursing home may participate in Medicare and/or Medicaid.
In the United States, nursing homes which participate in Medicare and/or Medicaid are required to have licensed practical nurses (LPNs) (in some States designated "vocational nurses" or "LVNs") on duty 24 hours a day. For at least 8 hours per day, 7 days per week, there must be a registered nurse on duty. Nursing homes are managed by a Licensed Nursing Home Administrator . Unlike U.S. nursing there are no standardized training and licensing requirements for administrators, though most states require a Federal License, and many states such as California have their own licensure for administrators. In April 18, 2005 there were a total of 16,094 nursing homes in the United States, down from 16,516 in December 12, 2002.
There are states that have other levels of care offered to elderly and other adults who need assistance and are able to live in the community. For instance, Connecticut has Residential Care Homes or RCH that are licensed by the State Department of Public Health. These homes provide 24-hour supervision and typically offer a more "home-like" environment. Many are actually large homes that have been converted to dwellings that offer a residential community that promotes an independent lifestyle and fosters fellowship with others who need some form of assistance to live in the community (see http://CARCH.NET ).
Services
Services provided in nursing homes include services of nurses, nursing aides and assistants; physical, occupational and speech therapists; social workers and recreational assistants; and room and board. Most care in nursing facilities is provided by certified nursing assistants, not by skilled personnel. In 2004, there were, on average, 40 certified nursing assistants per 100 resident beds. The number of registered nurses and licensed practical nurses were significantly lower at 7 per 100 resident beds and 13 per 100 resident beds, respectively.
Nursing homes that participate in the Medicare and Medicaid programs are subject to federal requirements regarding staffing and quality of care for residents. [ 1 ] In 2004, 98.5% of the 16,100 nursing facilities nationwide were certified to participate in Medicare, Medicaid, or both.
Medicare covers nursing home services for 20 to 100 days for beneficiaries who require skilled nursing care or rehabilitation services following a hospitalization of at least three consecutive days. The program does not cover nursing care if only custodial care is needed — for example, when a person needs assistance with bathing, walking, or transferring from a bed to a chair. To be eligible for Medicare-covered skilled nursing facility (SNF) care, a physician must certify that the beneficiary needs daily skilled nursing care or other skilled rehabilitation services that are related to the hospitalization, and that these services, as a practical matter, can be provided only on an inpatient basis. For example, a beneficiary released from the hospital after a stroke and in need of physical therapy, or a beneficiary in need of skilled nursing care for wound treatment following a surgical procedure, might be eligible for Medicare-covered SNF care.
SNF services may be offered in a free-standing or hospital-based facility. A freestanding facility is generally part of a nursing home that covers Medicare SNF services as well as long-term care services for people who pay out-of-pocket, through Medicaid, or through a long-term care insurance policy. Generally, Medicare SNF patients make up just a small portion of the total resident population of a free-standing nursing home.
Medicare also covers nursing home care for certain persons who require custodial care, meet a state's means-tested income and asset tests, and require the level-of-care offered in a nursing home. Nursing home residents have physical or cognitive impairments and require 24-hour care.
The cost of staying in a Nursing home can cost several thousand per month or more. [ 2 ] Some deplete their resources on the often high cost of care. If eligible, Medicaid will cover continued stays in nursing home for these individuals for life. However, they require that the patient be "spent down" to a low asset level first by either depleting their life savings or asset-protecting them, often using an elder law attorney.
U.S. Government regulations and oversight
All nursing homes in the United States that receive Medicare and/or Medicaid funding are subject to federal regulations. People who inspect nursing homes are called surveyors or, most commonly, state surveyors. State surveyors may inspect for compliance with licensure (State regulations) and/or certification (Medicare and Medicaid regulations).
The "Mininimum Data Set" assessment (MDS) is part of the U.S. federally mandated process for comprehensive assessment of all residents in Medicare or Medicaid certified nursing homes. The MDS assessment is a screening assessment that forms the basis of a comprehensive assessment of each resident's functional capabilities and helps nursing home staff identify and help residents meet or cope with health and other needs. The MDS also yields "Resource Utilization Groups" (RUGS) which are used for all Medicare reimbursement to SNFs, and is used in many States to set reimbursement for NFs.
For United States SNFs and NFs, the Centers for Medicare and Medicaid Services has a website which allows users to see how well facilities perform in certain metrics (see "Nursing Home Compare Tool" in the external link section below). CMS also publishes a list of Special Focus Facilities - nursing homes with "a history of serious quality issues." [ 3 ] [ 4 ] The US Government Accountability Office (GAO), however, has found that state nursing home inspections understate the number of serious nursing home problems that present a danger to residents. The GAO concluded that while CMS oversight has improved, there are still weaknesses in its oversight of nursing homes. [ 5 ] [ 6 ] A report issued in September 2008 found that over 90% of nursing homes were cited for federal health or safety violations in 2007, with about 17% of nursing homes having deficiencies causing "actual harm or immediate jeopardy" to patients. [ 7 ]
SNFs and NFs are subject to federal regulations and also strict state regulations. The nursing home industry is considered one of the two most heavily regulated industries in the United States (the other being the nuclear power industry). [ 8 ]
Medicare and Medicaid surveys





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Federal regulation and inspection (surveying) of SNFs and NFs applies a model of health care quality created for research by Avedis Donabedian in 1965. The model uses the concepts of structure, process and outcome.
Structure
For surveying, structure is the nursing home's resources. That includes staff, their knowledge and skills, policies, procedures, records, equipment, buildings, etc. Structure surveying looks at the instrumentalities of care and their organization.
Process
Process is the nursing home's resources in action. Process surveying looks at the appropriateness, timeliness and quality of care and services in relation to each resident's needs. Process can be organized into 5 kinds of intellectual and physical activities: assessing, planning, implementing (acting), evaluating, and communicating. These activities must be integrated and often occur together. Unfortunately these processes can be task or resident-centered. A task nurse implements a physician ordered-dressing change, perhaps assessing the wound while it is uncovered. A resident-centered nurse would already know if the treatment causes the resident pain and pre-medicated the resident. During the care, she (or he) will talk with the resident about topics they have both shared before, distracting the resident from discomfort and addressing social needs. Communication is heightened when residents feel comfortable discussing various issues with someone who is experienced with their particular case. In this particular situation nurses are also better able to do longitudinal follow up, which insures the implementation of more lasting results.
Outcome
In Donabedian's model, outcome is assumed to result from processes and processes are assumed to require structures. An outcome may be a facility outcome which indirectly supports direct resident care. An example of an indirect or facility outcome would be supervising and correcting or training staff That changes staff knowledge and skills. Staff applying those new skills is a process which should yield better resident outcomes. Resident outcomes may be classified as physical (death, disease, disability or dysfunction) and psychosocial (discomfort, dissatisfaction). Resident outcomes are usually specified in terms of health, well-being, patient satisfaction, etc. Resident outcomes are usually improved when staff provide and residents experience resident oriented care.
Consumer choices





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Current trends are to provide people with significant needs for long term supports and services with a variety of living arrangements. Indeed, research in the U.S. as a result of the Real Choice Systems Change Grants, shows that many people are able to return to their own homes in the community. Private nursing agencies may be able to provide live-in nurses to stay and work with patients in their own homes.
When considering living arrangements for those who are unable to live by themselves, potential customers consider it to be important to carefully look at many nursing homes and assisted living facilities as well as retirement homes , keeping in mind the person's abilities to take care of themselves independently. While certainly not a residential option, many families choose to have their elderly loved one spend several hours per day at an adult daycare center .
Beginning in 2002, Medicare began hosting an online comparison site intended to foster quality improving competition between nursing homes.
Trends
In the U.S. a few nursing homes are beginning to change the way they are managed and organized to create a more resident-centered environment, so they are more "home-like" and less institutional or "hospital-like." In these homes, units are replaced with a small set of rooms surrounding a common kitchen and living room. The staff giving care is assigned to one of these "households." Residents have far more choices about when they awake, when they eat and what they want to do during the day. They also have access to more companionship such as pets. Many of the facilities utilizing these models refer to such changes as the "Culture Shift" or "Culture Change" occurring in the Long Term Care, or LTC, industry. Sometimes this kind of nursing home is called a "greenhouse."
Quality of life
Task-oriented care





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Task oriented care is where nurses are assigned specific tasks to perform for numerous residents on a specific ward. Residents in this particular situation are exposed to multiple nurses at any given time. Because of the random disbursement of tasks, nurses are declined the ability to develop more in depth relations with any particular resident. Licensed (vocational) nurse training in the United States is task oriented. The primary care giver in a certified nursing home is a "Certified Nurses Aide" (CNA). CNAs receive a minimum of 75 hours of didactic and practical task-oriented training and must pass an oral or written test. Thus, in U.S. nursing homes, the training of the majority of direct care-givers in nursing homes is task oriented.
Resident-oriented care





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Resident oriented care is where nurses are assigned to particular patients and have the ability to develop relationships with individual patients. Patients are treated more as family, as opposed to random patients in an institution. Using resident-oriented care, nurses are able to become familiar with each patient and cater more to their specific needs, whether they be emotional or medical. In contrast, institutional care is institution-centered. The focus is staff convenience and efficiency. Staff perform tasks rather than interact with residents to achieve desirable resident outcomes. Where resident-centered staff know residents by name, institutional staff identify residents by room number, diagnosis, or a task like "feeders" for residents who need help to eat.
Scientific findings





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According to various findings residents who receive resident-oriented care experience a higher quality of life, in respect to attention and time spent with patients and the number of fault reports after the introduction of Primary Nursing. Once they experience it, nurses often prefer resident-oriented settings, too. Although resident-oriented nursing does not lengthen life, nursing home residents are able to connect with someone, which allows them to dispel many feelings of loneliness and discontent.
"Resident assignment" refers to the extent to which residents are allocated to the same nurse. With this particular system one person is responsible for the entire admission period of the resident. However, this system can cause difficulties for the nurse or care-giver should one of the residents they are assigned to pass away or move to a different facility, as the nurse/caregiver may become attached to the resident(s) they are caring for.
Various findings suggest that task-oriented care produces less satisfied residents. In many cases, residents are disoriented and unsure of who to disclose information to and as a result decide not to share information at all. Patients usually complain of loneliness and feelings of displacement.
"Resident assignment" is allocated to numerous nurses as opposed to one person carrying the responsibility of one resident. Because the load on one nurse can become so great, various nurses are unable to identify with gradual emotional and physical changes experienced by one particular resident. Resident information has the ability to get misplaced or undocumented because of the numerous amounts of nurses that deal with one resident. [ citation needed ]
Emergency management
Dealing with an emergency in nursing home is always a formidable task which involves the damage control and mitigation of the event. Not many written plans or standard operating procedures are available publicly, except for a few [ 9 ] . However, there are published academic reviews about the topic written by many authors [ 10 ] , [ 11 ] , [ 12 ] .
United Kingdom





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In 2002 nursing homes became known as care homes with nursing and residential homes became known as care homes [ 13 ] .
In the United Kingdom care homes and care homes with nursing are regulated by different organisations in England , Scotland , Wales and Northern Ireland . To enter a care home, you need an assessment of needs and of your financial condition from your local council. You may also have an assessment by a nurse , should you require nursing care. The cost of a care home is means tested in England.
As of April 2009 in England, the lower capital limit is £13,500. At this level, all income from pensions , savings, benefits and other sources, except a "personal expenses allowance" (currently £21.90), will go to paying the care home fees. The local council pays the remaining contribution provided the room occupied is not more expensive than the local council's normal rate, currently £364.48 for Hampshire for example. If the resident is paying more than this the council will not pay anything and contributions from a third party or charity must be found or the resident move to a cheaper care home. Between the lower and the upper capital limits, the resident pays their income less personal expenses allowance + £1/week for every £250 capital between lower and higher limit. The council pays the rest, subject to the same conditions as before. It is therefore preferable to find a home within the council's limit if council funding is likely to be required to avoid a forced move later. Patients with capital over more than £23,000 pay the full cost of the care home, until the total value of their assets fall below the threshold [ 14 ] . Patients who require additional nursing care are assessed for this (Hampshire nursing limit 2009 £483pw) and receive additional financial support (£103.80pw) through the National Health Service (NHS); this is known as NHS Continuing Healthcare .
Care homes for adults in England are regulated by Care Quality Commission , which replaced the Commission for Social Care Inspection , and each care home is inspected at least every three years. In Wales the Care Standards Inspectorate for Wales has responsibility for oversight, In Scotland the Scottish Commission for the Regulation of Care and in Northern Ireland the Regulation and Quality Improvement Authority in Northern Ireland .
See also

American Geriatrics Society
American Health Care Association
American Society of Consultant Pharmacists
Care Quality Commission previously known as Commission for Social Care Inspection
Eldercare
Home care
International Association for Homes and Services for the Aging

erbs palsy


Erb's palsy ( Erb-Duchenne Palsy ) is a paralysis of the arm caused by injury to the upper group of the arm's main nerves, specifically, spinal roots C5-C7. These form part of the brachial plexus , comprising the ventral rami of spinal nerves C5-C8, and T1. [ 1 ] [ 2 ] [ 3 ] These injuries arise most commonly, but not exclusively, from shoulder dystocia during a difficult birth. [ 4 ] Depending on the nature of the damage, the paralysis can either resolve on its own over a period of months, necessitate rehabilitative therapy, or require surgery. [ 5 ]




Contents


1 Cause
2 Presentation
3 Treatment
4 Discovery
5 Notable people with Erb's palsy
6 See also
7 References
8 External links





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Cause
The most common cause of Erb's palsy is dystocia , an abnormal or difficult childbirth or labour. For example, it can occur if the infant's head and neck are pulled toward the side at the same time as the shoulders pass through the birth canal . The condition can also be caused by excessive pulling on the shoulders during a vertex presentation (head first delivery), or by pressure on the raised arms during a breech (feet first) delivery. [ 4 ] [ 6 ] Erb's palsy can also affect neonates affected by a clavicle fracture unrelated to dystocia. [ 7 ]
A similar injury may be observed at any age including adults, following a traumatic fall "onto the side of the head and shoulder, whereby the nerves of the plexus are violently stretched: the upper trunk of the plexus sustains the greatest injury, and the subsequent paralysis may be confined to the muscles supplied by the fifth nerve - the deltoid, biceps, brachialis and brachioradialis, with sometimes the supraspinatus, infraspinatus and supinator". "The brachial plexus may also be injured by direct violence or gunshot wounds, by violent traction on the arm, or by efforts at reducing a dislocation of the shoulder joint; the amount of paralysis will depend upon the amount of injury to the constituent nerves" [ 6 ]
Presentation
The paralysis can be partial or complete; the damage to each nerve can range from bruising to tearing. The most commonly involved root is C5 (aka Erb's point : the union of C5 & C6 roots) [ 8 ] as this is mechanically, the furthest point from the force of traction, therefore, the first/most affected. [ 6 ]
The most commonly involved nerves are the suprascapular nerve , musculocutaneous nerve , and the axillary nerve . [ 9 ] [ 10 ]
The signs of Erb's Palsy include loss of sensation in the arm and paralysis and atrophy of the deltoid, biceps, and brachialis muscles. [ 8 ] "The position of the limb, under such conditions, is characteristic: the arm hangs by the side and is rotated medially; the forearm is extended and pronated. The arm cannot be raised from the side; all power of flexion of the elbow is lost, as is also supination of the forearm". [ 6 ] The resulting biceps damage is the main cause of this classic physical position commonly called "waiter's tip."
If the injury occurs at age early enough to affect development (e.g. as a neonate or infant), it often leaves patients with stunted growth in the affected arm with everything from the shoulder through to the fingertips smaller than the unaffected arm. This also leaves the patients with impaired muscular, nervous and circulatory development. The lack of muscular development leads to the arm being much weaker than the unaffected one, and less articulate, with many patients unable to lift the arm above shoulder height unaided, as well as leaving many with an elbow contracture.
The lack of development to the circulatory system can leave the arm with almost no ability to regulate its temperature, which often proves problematic during winter months when it would need to be closely monitored to ensure that the temperature of the arm was not dropping too far below that of the rest of the body. However the damage to the circulatory system also leaves the arm with another problem. It reduces the healing ability of the skin, so that skin damage takes far longer than usual to heal, and infections in the arm can be quite common if cuts are not sterilized as soon as possible. This will often cause many problems for children since they often injure themselves in the course of their childhoods.
The nervous damage is often the most problematic of the side effects to Erb's Palsy, but it is also the most varying. There have been cases of patients who have lost complete sensory perception within the arm after procedures whereas they had full sensory perception before. The most common area for a loss of sensory perception (except where the arm faces a total loss) is that between the shoulder and the elbow since the nerves which provide information from that area to the brain are also those first damaged in the initial causative trauma.
Treatment
Some babies recover on their own; however, some may require specialist intervention.
Neonatal / pediatric neurosurgery is often required for avulsion fracture repair. Lesions may heal over time and function return. Physio therapeutic care is often required to regain muscle usage.
Although range of motion is recovered in many children under one year in age, individuals who have not yet healed after this point will rarely gain full function in their arm and may develop arthritis .
The three most common treatments from Erb's Palsy are: Nerve transfers (usually from the opposite leg), Sub Scapularis releases and Latissimus Dorsi Tendon Transfers.
The nerve transplants are usually performed on babies under the age of 9 months since the fast development of younger babies increases the effectiveness of the procedure.They are not usually carried out on patients older than this because, although small babies nerves can recover to an extent, when the procedure is done on older infants, more harm than good is done and can result in nerve damage in the area where the nerves were taken from. Scarring can vary from faint scars along the lines of the neck to full "T" shapes across the whole shoulder depending on the training of the surgeon and the nature of the transplant.
Subscapularis releases, however, are not time limited. Since it is merely cutting a "Z" shape into the subscapularis muscle to provide stretch within the arm, it can be carried out at almost any age and can be carried out repeatedly on the same arm, however this will compromise the integrity on the muscle.
The Latissimus Dorsi Tendon Transfers involve cutting the Latissimus Dorsi in half horizontally in order to 'pull' part of the muscle around and attach it to the outside of the biceps. This procedure provides external rotation to varying degrees of success. A side effect of this may be increased sensitivity on the part of the biceps where the muscle will now lie since the Latissimus Dorsi has roughly twice the amount of nerve endings per square inch than other muscles.
Discovery
The renowned British obstetrician William Smellie is credited with the first medical description of an obstetric brachial plexus palsy. In his 1768 treatise on midwifery, he reported a case of transient bilateral arm paralysis in a newborn after difficult labour.
In 1861, Guillaume Benjamin Amand Duchenne coined the term "obstetric palsy of the brachial plexus" after analyzing 4 infants with paralysis of identical muscles in the arm and shoulder, after publishing his initial findings in 1855. [ 11 ] [ 12 ] In 1874, Wilhelm Heinrich Erb concluded in his thesis on adult brachial plexus injuries that associated palsies of the deltoid , biceps and subscapularis are derived from a radicular lesion at the level of C5 and C6 rather than isolated peripheral nerve lesions. [ 13 ]
Notable people with Erb's palsy
Notable individuals afflicted by Erb's palsy were Wilhelm II of Germany , [ 14 ] Joseph Stalin , and Canadian journalist Barbara Frum . Martin Sheen was injured during birth and developed the condition in his left arm. His difference in arm length and range of motion can be seen in his movies, especially Apocalypse Now . Another sufferer is British singer-songwriter and artist Matt Parsons . Despite her condition, professional wrestler Traci Brooks has achieved a successful career. Another sufferer is Three 6 Mafia member Paul Beauregard [AKA-DJ Paul].
See also

Klumpke's paralysis

brachial plexus injury


The brachial plexus is an arrangement of nerve fibers, running from the spine, formed by the ventral rami of the lower four cervical and first thoracic nerve roots ( C5 - T1 ). It proceeds through the neck, the axilla (armpit region), and into the arm.




Contents


1 Function
2 Anatomy

2.1 Path
2.2 Diagram
2.3 Specific branches


3 Additional images
4 See also
5 References
6 External links





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Function
The brachial plexus is responsible for cutaneous and muscular innervation of the entire upper limb, with two exceptions: the trapezius muscle innervated by the spinal accessory nerve (CN XI) and an area of skin near the axilla innervated by the intercostobrachial nerve .
Lesions can lead to severe functional impairment. [ 1 ]
Anatomy
Path
The brachial plexus is divided into Roots, Trunks, Divisions, Cords, and Branches. There are five "terminal" branches and numerous other "pre-terminal" or "collateral" branches that leave the plexus at various points along its length.

The five roots are the five anterior rami of the spinal nerves , after they have given off their segmental supply to the muscles of the neck .


These roots merge to form three trunks :

"superior" or "upper" ( C5 - C6 )
"middle" ( C7 )
"inferior" or "lower" ( C8 - T1 )




Each trunk then splits in two, to form six divisions :

anterior divisions of the upper, middle, and lower trunks
posterior divisions of the upper, middle, and lower trunks




These six divisions will regroup to become the three cords . The cords are named by their position with respect to the axillary artery .

The posterior cord is formed from the three posterior divisions of the trunks (C5-T1)
The lateral cord is the anterior divisions from the upper and middle trunks (C5-C7)
The medial cord is simply a continuation of the anterior division of the lower trunk (C8-T1)

shoulder dystocia


Shoulder dystocia is a specific case of dystocia whereby after the delivery of the head, the anterior shoulder of the infant cannot pass below the pubic symphysis, or requires significant manipulation to pass below the pubic symphysis . It is diagnosed when the shoulders fail to deliver shortly after the fetal head. In shoulder dystocia, it is the chin that presses against the walls of the perineum . Shoulder dystocia is an obstetrical emergency, with fetal demise occurring within about 5 minutes if the infant is not delivered, due to compression of the umbilical cord within the birth canal. [ 1 ]




Contents


1 Signs
2 Procedures
3 Management
4 Risk factors
5 Complications
6 References
7 External links





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Signs
One often described feature is the turtle sign , which involves the appearance and retraction of the fetal head (analogous to a turtle withdrawing into its shell), and the erythematous , red puffy face indicative of facial flushing. This occurs when the baby's shoulder is obstructed by the maternal pelvis. [ 2 ]
Procedures
A number of obstetrical maneuvers are sequentially performed in attempt to facilitate delivery at this point, including :

McRoberts maneuver ; [ 3 ] [ 4 ]


suprapubic pressure (or Rubin I) [ 5 ]


Rubin II or posterior pressure on the anterior shoulder , which would bring the fetus in an oblique position with head somewhat towards the vagina [ 6 ]


Woods' screw maneuver which leads to turning the anterior shoulder to the posterior and vice versa (somewhat the opposite of Rubin II maneuver) [ 7 ]


Jacquemier's maneuver (also called Barnum's maneuver), or delivery of the posterior shoulder first, in which the forearm and hand are identified in the birth canal, and gently pulled.


Gaskin maneuver, named after Certified Professional Midwife, Ina May Gaskin , involves moving the mother to an all fours position with the back arched, widening the pelvic outlet. [ 8 ] [ 9 ]

More drastic maneuvers include

Zavanelli's maneuver , which involves pushing the fetal head back in with performing a cesarean section . [ 10 ] or internal cephalic replacement followed by Cesarean section


intentional fetal clavicular fracture , which reduces the diameter of the shoulder girdle that requires to pass through the birth canal.


maternal symphysiotomy , which makes the opening of the birth canal laxer by breaking the connective tissue between the two pubes bones facilitating the passage of the shoulders.


abdominal rescue, described by O'Shaughnessy, where a hysterotomy facilitates vaginal delivery of the impacted shoulder [ 11 ]

Management
Management of shoulder dystocia has become a focus point for many obstetrical nursing units in North America. Courses such as the Canadian More-OB program encourage nursing units to do routine drills to prevent delays in delivery which adversely affect both mother and fetus. A common treatment algorithm is ALARMER

A sk for help. This involves requesting the help of an obstetrician, anesthesia and pediatrics for subsequent resuscitation of the infant.
L eg hyperflexion (McRoberts' maneuver)
A nterior shoulder disimpaction (suprapubic pressure)
R ubin maneuver
M anual delivery of posterior arm
E pisiotomy
R oll over on all fours

The advantage of proceeding in the order of ALARMER is that it goes from least to most invasive, thereby reducing harm to the mother in the event that the infant delivers with one of the earlier maneuvers. Although this is questionable since, since the Gaskin Maneuver, or "roll over on all fours", is considered by some the most effective and least invasive maneuver, but it is rarely used in the medical setting. In the event that these maneuvers are unsuccessful, a skilled obstetrician may attempt some of the additional procedures listed below. Intentional clavicular fracture is a final attempt at nonoperative vaginal delivery prior to Zavanelli's maneuver or symphisiotomy, both of which are considered extraordinary treatment measures.
Risk factors
Although the definition is imprecise, it occurs in approximately 1% of vaginal births. There are well-recognised risk factors, such as diabetes , [ 12 ] fetal macrosomia , and maternal obesity , but it is often difficult to predict [ 13 ] . Despite appropriate obstetric management, fetal injury (such as brachial plexus injury) or even fetal death can be a complication of this obstetric emergency.
Recurrence rates are relatively high. [ 14 ]
Complications
The major concern of shoulder dystocia is damage to the upper brachial plexus nerves. These supply the sensory and motor components of the shoulder, arm and hands. [ 2 ] The aetiology of injury to the foetus is debated, but a probable mechanism is manual stretching of the nerves, which in itself can cause injury. Furthermore, excess tension may physically tear the nerve roots out from the neonatal spinal column, resulting in total dysfunction. The ventral roots (motor pathway) are most prone to injury, as they are in the plane of greatest tension (anterior, sensory nerves are somewhat protected due to the usual inward movement of the shoulder).

Klumpke paralysis
Erb's Palsy
Fetal hypoxia

Fetal death
Cerebral palsy


staten island


Staten Island (pronounced /ˌstætənˈaɪlənd/ ) is a borough of New York City , New York , United States , located in the southwest part of the city. Staten Island is separated from New Jersey by the Arthur Kill and the Kill Van Kull , and from the rest of New York by New York Bay . With a population of 491,730, Staten Island is the least populated of the five boroughs but is the third largest in area at 59 sq mi (153 km 2 ).
The Borough of Staten Island is coextensive with Richmond County , the southernmost county in the state of New York . Until 1975, the borough was officially named the Borough of Richmond. [ 2 ] Staten Island has been sometimes called "the forgotten borough" by inhabitants who feel neglected by the city government . [ 3 ] [ 4 ]
Staten Island is overall the most suburban of the five boroughs of New York City. The North Shore , especially the neighborhoods of St. George , Tompkinsville , Park Hill , and Stapleton , are the most urban part of the island; it contains the officially designated St. George Historic District and The St. Paul’s Avenue-Stapleton Heights Historic District, which feature large Victorian homes. The South Shore has more suburban-style residential neighborhoods and is home to the two and one-half mile long F.D.R. Boardwalk , the fourth longest in the world. Historically, the central and southern sections of the island were once dominated by dairy and poultry farms, almost all of which disappeared in the 20th century.
The borough is accessible to Brooklyn via the Verrazano-Narrows Bridge and to New Jersey via the Goethals Bridge , Outerbridge Crossing , and Bayonne Bridge . Staten Island has Metropolitan Transportation Authority (MTA) bus service and an MTA rapid transit line, the Staten Island Railway , which runs from the ferry terminal at St. George to Tottenville . Staten Island is the only one of the five boroughs of New York City that does not have below-ground rapid transit. The free Staten Island Ferry connects the borough to Manhattan and is a popular tourist attraction, providing views of the Statue of Liberty , Ellis Island and lower Manhattan.



New York's Five Boroughs at a Glance



Jurisdiction
Population
Land Area


Borough of
County of
estimate for
1 July 2008
square
miles
square
km


Manhattan
New York
1,634,795
23
59


the Bronx
Bronx
1,391,903
42
109


Brooklyn
Kings
2,556,598
71
183


Queens
Queens
2,293,007
109
283


Staten Island
Richmond
487,407
58
151



City of New York

8,363,710
303
786



State of New York

19,490,297
47,214
122,284


Source: United States Census Bureau [ 1 ] [ 5 ] [ 6 ]






Contents


1 History

1.1 Staten Island
1.2 Richmond County
1.3 The American Revolution and 19th century
1.4 Consolidation with New York City


2 Geography

2.1 Adjacent counties
2.2 Parks


3 Transportation
4 Government and politics
5 Demographics
6 Tourism on Staten Island
7 Culture

7.1 Local support for the arts
7.2 Museums
7.3 Attractions
7.4 Theater
7.5 Media
7.6 Film and television
7.7 Music
7.8 Literature


8 Sports
9 Hospitals
10 Education

10.1 Public schools
10.2 Private schools
10.3 Colleges and universities
10.4 Libraries


11 Notable natives and residents
12 Notes
13 References
14 External links





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History
Geologically, Staten Island was formed in the wake of the last ice age . In the late Pleistocene between 20,000 and 14,000 years ago, the ice sheet that covered northeastern North America reached as far south as present day New York City, to a depth of approximately the same height as the Empire State Building . At one point, during its maximum reach, the ice sheet precisely ended at the center of present day Staten Island, forming a terminal moraine on the existing diabase sill . The central moraine of the island is sometimes called the Serpentine ridge because it contains large amounts of serpentine group minerals.
At the retreat of the ice sheet, Staten Island was connected by land to Long Island because The Narrows had not yet formed. Geologists ' reckonings of the course of the Hudson River have placed it alternatively through the present course of the Raritan River , south of the island, or through present-day Flushing Bay and Jamaica Bay .
As in much of North America, human habitation appeared in the island fairly rapidly after the retreat of the ice sheet. Archaeologists have recovered tool evidence of Clovis culture activity dating from approximately 14,000 years ago. The island was probably abandoned later, possibly because of the extinction of large mammals on the island. Evidence of the first permanent American Indian settlements and agriculture are thought to date from about 5,000 years ago (Jackson, 1995), although early archaic habitation evidence has been found in multiple locations on the island (Ritchie 1963).
In the 16th century, the island was part of a larger area known as Lenapehoking that was inhabited by the Lenape , a Native American people who speak their own languages within the Algonquian languages group, and who were later named the "Delaware" by Europeans. [ 7 ] The band that occupied the southern part of the island was called the Raritan . To the Lenape, the island was known as Aquehonga Manacknong and Eghquaons (Jackson, 1995). The island was laced with foot trails, one of which followed the south side of the ridge near the course of present day Richmond Road and Amboy Road. The Lenape did not live in fixed encampments, but moved seasonally, using slash and burn agriculture. The staples of their diet included shellfish , including the oysters that are native to both Upper New York Bay and Lower New York Bay .
Staten Island




Looking down Bay Street in St. George.


The first recorded European contact with the island was in 1524 by Giovanni da Verrazzano , who sailed through The Narrows . In 1609, Henry Hudson established Dutch trade in the area and named the island Staaten Eylandt after the Staten-Generaal , the Dutch parliament .
Although the first Dutch settlement of the New Netherland colony was made on nearby Manhattan in 1620, Staaten Eylandt remained uncolonized by the Dutch for many decades. From 1639 to 1655, the Dutch made three separate attempts to establish a permanent settlement on the island, but each time the settlement was destroyed in the conflicts between the Dutch and the local tribes. In 1661, the first permanent Dutch settlement was established at Oude Dorp ( Dutch for "Old Village"), [ 8 ] just south of the Narrows near South Beach , by a small group of Dutch, Walloon , and Huguenot families. Today, the last vestige of Oude Dorp exists as the present-day neighborhood of Old Town , adjacent to Old Town Road.
Richmond County




Historic Richmondtown museum complex is located in the heart of Staten Island .


See also: List of former municipalities in New York City
At the end of the Second Anglo-Dutch War in 1667, the Dutch ceded New Netherlands colony to England in the Treaty of Breda , and what was now anglicized as "Staten Island" became part of the new English colony of New York .




Staten Island is the most suburban borough in New York City [ citation needed ]


In 1670, the Native Americans ceded all claims to Staten Island to the English in a deed to Gov. Francis Lovelace . In 1671, in order to encourage an expansion of the Dutch settlements, the English resurveyed Oude Dorp (which became known as Old Town ) and expanded the lots along the shore to the south. These lots were settled primarily by Dutch and became known as Nieuwe Dorp (meaning "New Village"), which later became anglicized as New Dorp .
Captain Christopher Billopp, after years of distinguished service in the Royal Navy, came to America in 1674 in charge of a company of infantry. The following year, he settled on Staten Island, where he was granted a patent for 932 acres (3.8 km 2 ) of land. According to one version of an oft-repeated but inaccurate myth, Capt. Billopp's seamanship secured Staten Island to New York, rather than to New Jersey: the Island would belong to New York if the captain could circumnavigate it in one day, which he did, according to the myth. Mayor Michael Bloomberg perpetuated the myth by referring to it at a news conference in Brooklyn on February 20, 2007. [ 9 ]
In 1683, the colony of New York was divided into ten counties. As part of this process, Staten Island, as well as several minor neighboring islands, were designated as Richmond County . The name derives from the title of an illegitimate son of King Charles II .
In 1687 and 1688, the English divided the island into four administrative divisions based on natural features: the 5100 acre (21 km²) manorial estate of colonial governor Thomas Dongan in the central hills known as the "Lordship or Manner of Cassiltown," along with the North, South, and West divisions. These divisions would later evolve into the four townships Castleton, Northfield, Southfield, and Westfield. In 1698, the population was 727. [ 10 ]
The government granted land patents in rectangular blocks of eighty acres (320,000 m²), with the most desirable lands along the coastline and inland waterways. By 1708, the entire island had been divided up in this fashion, creating 166 small farms and two large manorial estates, the Dongan estate and a 1600 acre (6.5 km²) parcel on the southwestern tip of the island belonging to Christopher Billop (Jackson, 1995).
In 1729, a county seat was established at the village of Richmond Town, located at the headwaters of the Fresh Kills near the center of the island. By 1771, the island's population had grown to 2,847. [ 10 ]
The American Revolution and 19th century
The island played a significant role in the American Revolutionary War . On March 17, 1776, the British forces under William Howe evacuated Boston and sailed for Halifax, Nova Scotia. From Halifax, Howe prepared to attack New York City , which then consisted entirely of the southern end of Manhattan Island . General George Washington led the entire Continental Army to New York City in anticipation of the British attack. Howe used the strategic location of Staten Island as a staging ground for the invasion. Over 140 British ships arrived over the summer of 1776 and anchored off the shores of Staten Island at the entrance to New York Harbor, which was the largest armada to set sail until the Second World War . The British troops and Hessian mercenaries numbered at about 30,000. Howe established his headquarters in New Dorp at the Rose and Crown Tavern near the junction of present New Dorp Lane and Amboy Road. It is here that the representatives of the British government reportedly received their first notification of the Declaration of Independence .
In August 1776, the British forces crossed the Narrows to Brooklyn and outflanked the American forces at the Battle of Long Island , resulting in the British control of the harbor and the capture of New York City shortly thereafter. Three weeks later, on September 11, 1776, the British received a delegation of Americans consisting of Benjamin Franklin , Edward Rutledge , and John Adams at the Conference House on the southwestern tip of the island (known today as Tottenville ) on the former estate of Christopher Billop. The Americans refused the peace offer from the British in exchange for the withdrawal of the Declaration of Independence , however, and the conference ended without an agreement.




The Conference House


On August 22, 1777, the Battle of Staten Island occurred here between the British and several companies of the 2nd Canadian Regiment fighting alongside other American companies. While the battle was inconclusive, with both sides surrendering over a hundred troops as prisoners, the Americans withdrew.
British forces remained on Staten Island throughout the war. Most Patriots fled after the British occupation, and so local sentiment of the remaining population was predominantly Loyalist , However, the islanders found the demands of supporting the troops to be onerous. The British kept headquarters in neighborhoods such as Bulls Head. Many buildings and churches were destroyed, and the military demand for resources resulted in an extensive deforestation of the island by the end of the war. The British again used the island as a staging ground for their final evacuation of New York City on December 5, 1783. After the war, the largest Loyalist landowners fled to Canada and their estates were subdivided and sold.
On July 4, 1827, the end of slavery in New York state was celebrated at Swan Hotel, West Brighton. Rooms at the hotel were reserved months in advance as local abolitionists and prominent free blacks prepared for the festivities. Speeches, pageants, picnics, and fireworks marked the celebration, which lasted for two days.
In 1860, parts of Castleton and Southfield were made into a new town, Middletown. The Village of New Brighton in the town of Castleton was incorporated in 1866, and in 1872 the Village of New Brighton annexed all the remainder of the Town of Castleton and became coterminous with the town.
The Conference House (seen right, http://www.conferencehouse.org/index.html ) was built by a British Naval Officer in 1680. Built by Captain Christopher Billopp, this grand stone manor overlooking the Arthur Kill and Perth Amboy, New Jersey, around 1680, and his grandson, Colonel Christopher Billopp, owned the house when it was taken over by Admiral Lord Richard Howe, head of the British Forces in the Americas.
At Present this Historical site is host to many community events and Holiday celebration in Tottenville. Following in tradition with the history of Tottenville, many homeowners in town have restored their homes to their original appearance.( http://www.tottenvillehistory.com/ )
Consolidation with New York City
These towns and villages were dissolved in 1898 with the consolidation of the City of Greater New York , with Richmond as one of its five boroughs .
The Verrazano, along with the other three major Staten Island bridges, created a new way for commuters and tourists to travel from New Jersey to Brooklyn, Manhattan , and areas farther east on Long Island . The network of highways running between the bridges has effectively carved up many of the borough's old neighborhoods.
Throughout the 1980s, a movement to secede from the city steadily grew in popularity, reaching its peak during the mayoral term of David Dinkins . In a 1993 referendum, 65% voted to secede, but implementation was blocked in the State Assembly . [ 11 ] [ 12 ]
In the 1980s, the United States Navy had a base on Staten Island called Naval Station New York. It was composed of two sections: a home port in Stapleton and a larger section around Fort Wadsworth , where the Verrazano-Narrows Bridge enters the island. Originally, this base was to be the home port for the battleship USS Iowa (BB-61) , but an explosion in one of the ship's turrets led to the vessel's decommissioning. A number of other vessels, including the frigates USS Donald B. Beary FF 1085 and USS Ainsworth FF 1090 and at least one cruiser , the USS Normandy (CG-60), were based there. The base was closed in 1994 through the Base Realignment and Closure process because of its small size and the expense of basing personnel there. It was recently announced that the property will be converted into a mixed-use waterfront neighborhood with an announced completion date of 2009.
Opened as a "temporary landfill" in 1947, Fresh Kills Landfill was a repository of trash for the city of New York. The landfill was closed in 2001, [ 13 ] but was briefly re-opened for the debris from Ground Zero following the September 11 attacks in 2001. The Fresh Kills Landfill has been treated and cleaned up. A park larger than Central Park is in the works. Its creeks and wetlands have been designated a Significant Coastal Fish and Wildlife Habitat by the New York State Department of Environmental Conservation (DEC). Fresh Kills and its tributaries are part of the largest tidal wetland ecosystem in the region. Plans for the park include a bird-nesting island, public roads, boardwalks, soccer and baseball fields, bridle paths and a 5,000-seat stadium. [ 14 ] Today, freshwater and tidal wetlands, fields, birch thickets and a coastal oak maritime forest, as well as areas dominated by non-native plant species, are all within the boundaries of Fresh Kills. Already, many of the landscapes of Fresh Kills possess a stark beauty, with 360 degree, wide horizon views from the hills, over 300 acres (1.2 km 2 ) of salt marsh and a winding network of creeks.





Panoramic view of the Verrazano-Narrows Bridge , which connects the eastern portion of the island to Brooklyn




Geography
See also: List of Staten Island neighborhoods
According to the United States Census Bureau , the borough-county has a total area of 102.5 sq mi (265.5 km²). Land comprises 58.5 sq mi (151.5 km²) and water 44.0 sq mi (114.0 km²) of it (42.95%).
Staten Island is separated from Long Island by the Narrows and from mainland New Jersey by the Arthur Kill and the Kill Van Kull .
In addition to the main island, the borough and county also include several small uninhabited islands:

The Isle of Meadows (at the mouth of Fresh Kills )
Prall's Island (in the Arthur Kill )
Shooters Island (in Newark Bay ; part of it belongs to New Jersey )
Swinburne Island (in Lower New York Bay )
Hoffman Island (in Lower New York Bay)

The highest point on the island, the summit of Todt Hill , elevation 410 ft (125 m), is also the highest point in the five boroughs, as well as the highest point on the Atlantic Coastal Plain south of Great Blue Hill in Massachusetts and the highest point on the coast proper south of Maine 's Camden Hills .
In the late 1960s the island was the site of important battles of open-space preservation, resulting in the largest area of parkland in New York City and an extensive Greenbelt that laces the island with woodland trails.
Staten Island is the only borough in New York City that does not share a land border with another borough ( Marble Hill in Manhattan is contiguous with the Bronx).
Adjacent counties




Jersey City , The Statue of Liberty , Lower Manhattan , and Downtown Brooklyn as seen from Northeast Staten Island



New York County, New York (Manhattan) – north
Hudson County, New Jersey – north
Union County, New Jersey – west
Middlesex County, New Jersey – west
Kings County, New York (Brooklyn) – east
Queens County, New York - east
Monmouth County, New Jersey – south

Parks




South Beach and the FDR boardwalk on Staten Island, looking at Verrazano-Narrows Bridge from the south


Some of the island's open space and historic areas were incorporated in 1972 into Gateway National Recreation Area , part of the National Park System . The Staten Island Unit of Gateway NRA is joined by the Jamaica Bay Unit in Brooklyn and Queens and the Sandy Hook Unit in New Jersey. The Staten Island Unit comprises Great Kills Park, Miller Field , Fort Wadsworth , Hoffman Island , and Swinburne Island .
Transportation




The Staten Island Ferry provides travel between lower Manhattan and the St. George Ferry Terminal.






The Staten Island Railway operates along the Richmond/Amboy Roads corridor.






Express buses operate throughout Staten Island to and from Manhattan .


The Staten Island Ferry is the only direct transportation network from Staten Island to Manhattan , roughly a 25 minute trip. [ 15 ] The St. George ferry terminal built in 1950 recently underwent a $130-million renovation and now features floor-to-ceiling glass for panoramic views of the harbor and incoming ferries. The ferry had its fare eliminated in 1997.
Unlike the other four boroughs of New York, Staten Island follows no numbered grid system to any significant degree. The only numbered grid is within a small area in New Dorp , which only goes up to 10th street and does not intersect with any numbered avenues. However, most Staten Island neighborhoods do follow some degree of grid system, but they don't follow a system where streets are perpendicular to avenues, they are not numbered, with few exceptions, and they are often not contiguous to one another. This is one reason why Staten Island is significantly suburban compared to other boroughs. Some neighborhoods, however, do follow an alphabetical organization of their streets.
Staten Island is connected to Brooklyn via the Verrazano-Narrows Bridge using I-278 , the Staten Island Expressway . Once in Brooklyn, I-278 becomes the Gowanus Expressway and then the Brooklyn Queens Expressway , providing access to Manhattan through various tunnels and bridges.




People on a Staten Island ferry


Staten Island is connected to New Jersey via three vehicular bridges and one railroad bridge. The Outerbridge Crossing to Perth Amboy, New Jersey is at the southern end of Route 440 and the Bayonne Bridge to Bayonne, New Jersey is at the northern end of Route 440, which continues into Jersey City, New Jersey . From the New Jersey Turnpike , the Goethals Bridge using I-278 connects to the Staten Island Expressway. The Arthur Kill Vertical Lift Railroad Bridge carries freight between the northwest part of the island and Elizabeth, New Jersey .
The Staten Island Railway traverses the island from its northeastern tip to its southwestern tip. Staten Island is the only borough not serviced by the New York City Subway . As such, express bus service is provided by NYC Transit throughout Staten Island to lower and midtown Manhattan .
There have been proposals to revive the North Shore Branch of the Staten Island Railway for passenger service. There is also a proposal to build a West Shore Line that would go in the center of the Dr. Martin Luther King Expressway , Staten Island Expressway , and West Shore Expressway , continuing to Richmond Valley, Staten Island to connect with the main line of the Staten Island Railway . See Staten Island light rail
Beginning September 4, 2007, the MTA began offering bus service from Staten Island to Bayonne, NJ over the Bayonne Bridge via the S89 Bus. It allows passengers to connect to the Hudson-Bergen Light Rail 's 34th St. Station, giving Staten Island residents a new route into Manhattan. It is notably, despite Staten Island's proximity to New Jersey, the only route directly into New Jersey from Staten Island via public transportation.
The only pedestrian link to Staten Island is via a footpath on the Bayonne Bridge.
Government and politics

Presidential election results [ citation needed ]

Year
Republican
Democrat


2008
51.7% 86,062
47.6% 79,311


2004
56.4% 90,325
42.7% 68,448


2000
45.0% 63,903
51.9% 73,828


1996
40.8% 52,207
50.5% 64,684


1992
47.9% 70,707
38.5% 56,901


1988
61.5% 77,427
38.0% 47,812


1984
65.1% 83,187
34.7% 44,345


1980
58.6% 64,885
33.7% 37,306


1976
54.1% 56,995
45.4% 47,867


1972
74.2% 84,686
25.6% 29,241


1968
55.3% 54,631
35.2% 34,770


1964
45.5% 42,330
54.4% 50,524


1960
56.5% 50,356
43.4% 38,673


Main article: Government of Staten Island





This article may need to be updated . Please update this article to reflect recent events or newly available information, and remove this template when finished. Please see the talk page for more information. (December 2009)


Since New York City's consolidation in 1898, Staten Island has been governed by the New York City Charter that provides for a "strong" mayor-council system . The centralized New York City government is responsible for public education, correctional institutions, libraries, public safety, recreational facilities, sanitation, water supply, and welfare services on Staten Island.
The office of Borough President was created in the consolidation of 1898 to balance centralization with local authority. Each borough president had a powerful administrative role derived from having a vote on the New York City Board of Estimate , which was responsible for creating and approving the city's budget and proposals for land use. In 1989 the Supreme Court of the United States declared the Board of Estimate unconstitutional on the grounds that Brooklyn, the most populous borough, had no greater effective representation on the Board than Staten Island, the least populous borough, a violation of the Fourteenth Amendment's Equal Protection Clause pursuant to the high court's 1964 "one man, one vote" decision. [ 16 ]




Borough Hall in St. George, Staten Island


Since 1990 the Borough President has acted as an advocate for the borough at the mayoral agencies, the City Council, the New York state government, and corporations. Staten Island's Borough President is James Molinaro , a member of the Conservative Party elected in 2001 and reelected in 2005 with the endorsement of the Republican Party . Molinaro is the only Republican-supported borough president in New York City.
Staten Island's politics differ considerably from New York City's other boroughs. Although in 2005 44.7% of the borough's registered voters were registered Democrats and 30.6% were registered Republicans, the Republican Party holds a small majority of local public offices. Staten Island is the base of New York City's Republican Party in citywide elections. In the 2001 mayoral election, borough voters chose Republican Michael Bloomberg , with 75.87% of the vote, over Democrat Mark Green, with 21.15% of the vote. Since Green narrowly lost the election citywide, Staten Island provided the margin of Bloomberg's victory. The main political divide in the borough is demarcated by the Staten Island Expressway; areas north of the Expressway tend to be more liberal while the south tends to be more conservative. Local party platforms center on affordable housing, education and law and order . Two out of Staten Island's three New York City Council members are Republicans.
In national elections Staten Island is not the Republican stronghold it is in local elections, but it is also not the a Democratic stronghold the rest of New York City is. The borough is a Republican-leaning swing county, though like the New York suburbs in Long Island and Westchester County it has become increasingly Democratic since the 1990s.
Each of the city's five counties (coterminous with each borough) have its own criminal court system and District Attorney , the chief public prosecutor who is directly elected by popular vote. Daniel Donovan, a Republican, has been the District Attorney of Richmond County since 2004. Staten Island has three City Council members, two Republicans and one Democrat, the smallest number among the five boroughs. It also has three administrative districts, each served by a local Community Board . Community Boards are representative bodies that field complaints and serve as advocates for local residents. In the 2009 election for city offices, Staten Island elected its first black official, Debi Rose, who defeated the incumbent Democrat in the North Shore city council seat in a primary, and then went on to win the general election.

Staten Island has voted for a Democratic presidential nominee only three times since 1952: in 1964, 1996, and 2000. In the 2004 presidential election Republican George W. Bush received 57% of the vote in Staten Island and Democrat John Kerry received 42%. By contrast, Kerry outpolled Bush in New York City's other four boroughs by a cumulative margin of 77% to 22%. In the 2008 presidential election Republican John McCain won 51% of the vote and Democrat Barack Obama won 47%.
Staten Island flag
The flag is on a white background in the center of which is the design of a seal in the shape of an oval. Within the seal appears the color blue to symbolize the skyline of the borough, in which two seagulls appear colored in black and white. The green outline represents the countryside of the borough with white outline denoting the residential areas of Staten Island. Below is inscribed the words "Staten Island" in gold. Below this are five wavy lines of blue to symbolize the water that surrounds the island borough on all sides. Gold fringe outlines the flag. [ 17 ]
See also: Government of New York City
Demographics
Main article: Demographics of Staten Island


Staten Island Compared


2000 Census
Staten
Island
New York
City

New York
State



Total population
443,728
8,008,278
18,976,457


People per square mile
7,588
26,403
402


People per square km
2,930
10,194
155


Median household
income (1999)

$55,039

$38,293

$43,393


Per capita income
$23,905
$22,402
$23,389


Bachelor's degree
or higher

27%

27%

24%


Foreign born
16%
36%
20%


White
78%
45%
68%


Black
11%
27%
16%


Asian
7%
10%
6%


Hispanic (any race)
15%
27%
14%


According to the 2008 estimates of the United States Census , 487,407 people live on Staten Island. Staten Island has a population density of 8,334.6 per square mile (3,217.2 per km 2 ).
According to the 2005–2007 American Community Survey Estimates, the borough's population was 76.6% White (67.4% non-Hispanic White alone), 10.6% Black or African American (9.5% non-Hispanic Black or African American alone), 0.4% American Indian and Alaska Native, 7.6% Asian, 0.0% Native Hawaiian and Other Pacific Islander, 6.0% from some other race and 1.1% from two or more races. 14.7% of the total population were Hispanic or Latino of any race. [ 18 ]
As of 2005-2007 the population represented several European and Middle Eastern ancestries:[ [2] ]

Italian : 34.8%
Irish : 14.8%
German : 5.8%
Polish : 4.3%
Russian : 3.7%
English : 1.9%
Arab : 1.9%

20.9% of the population were foreign born and another 1.8% were born in Puerto Rico, U.S. Island areas, or born abroad to American parents. 29.5% spoke a language other than English at home and 27.1% had a Bachelor's degree or higher. [ 18 ]
As of 2000, there were 464,573 people, 256,341 households, and 214,128 families residing in the borough/county. The population density was 2,929.6/km² (7,587.9/sq mi). There were 163,993 housing units at an average density of 1,082.7/km² (2,804.3/sq mi). The racial makeup was 77.60% White , 9.67% Black , .25% Native American , 5.65% Asian , .04% Pacific Islander , 4.14% from other races , and 2.65% from two or more races. Hispanic or Latino of any race were 12.07% of the population.
 


Staten Island population


By town, by census


Census
Castle-
ton
Middle-
town
North-
field
South-
field
West-
field
Total


1790
805
*
1,021
855
1,154
3,835


1800
1,056
*
1,377
932
1,198
4,564


1810
*
*
*
*
*
5,347


1820
1,527
*
1,980
1,012
1,616
6,135


1830
2,204
*
2,171
975
1,734
7,082


1840
4,275
*
2,745
1,619
2,326
10,965


1850
5,389
*
4,020
2,709
2,943
15,061


1860
6,778
6,243
4,841
3,645
3,985
25,492


1870
9,504
7,589
5,949
5,082
4,905
33,029


1880
12,679
9,029
7,014
4,980
5,289
38,991


1890
16,423
10,577
9,811
6,644
8,258
51,713


1900
*
*
*
*
*
67,021


1910
*
*
*
*
*
85,969


1920
*
*
*
*
*
116,531


1930
*
*
*
*
*
158,346


1940
*
*
*
*
*
174,441


1950
*
*
*
*
*
191,555


1960
*
*
*
*
*
221,991


1970
*
*
*
*
*
295,443


1980
*
*
*
*
*
352,029


1990
*
*
*
*
*
378,977


2000
*
*
*
*
*
443,728


est.† 2009
*
*
*
*
*
491,730




† estimate by the Census Bureau;   * = not available

The 1810 Census was not broken out by towns.
Sources: [1790–1990] The Encyclopedia of New York City , edited by Kenneth T. Jackson , ( Yale University Press & New York Historical Society , 1995, ISBN 0-300-05536-6 ): tables prepared by James Bradley for the article on Staten Island and by Nathan Kantrowitz for the article on population; [2000–2006] United States Bureau of the Census , County and City Data Book: 2007 , Table B-1. Counties—Area and Population




Staten Island (Richmond County) has a higher percentage of Italian-Americans than any other county in the United States , though it comes in 27th amongst Italian-American communities. [ 19 ] Since the 2000 census, a large Russian community has been growing on Staten Island, particularly in the Rossville, South Beach , and Great Kills area. There is also a significant Polish community mainly in the South Beach and Midland Beach area.
The vast majority of the island's African-American and Hispanic residents live north of the Staten Island Expressway , or Interstate 278 . In terms of religion, the population is largely Roman Catholic . There is a growing presence of Egyptian Copts , the vast majority of whom are members of the Coptic Orthodox Church . [ 20 ]
There were 156,341 households out of which 35.8% had children under the age of 18 living with them, 55.0% are married couples living together, 13.9% had a female householder with no husband present, and 27.0% were non-families. Individuals occupied 23.2% of all households, and 8.4% of households had someone living alone who was 65 years of age or older. The average household size was 2.78 and the average family size was 3.31.
The population is spread out with 25.5% under the age of 18, 8.5% from 18 to 24, 30.9% from 25 to 44, 23.4% from 45 to 64, and 11.6% who were 65 years of age or older. The median age was 36 years. For every 100 females there were 93.6 males. For every 100 females age 18 and over, there were 89.6 males.
The median income for a household is $55,039, and the median income for a family was $64,333. Males had a median income of $50,081 versus $35,914 for females. The per capita income for the borough was $23,905. About 7.9% of families and 10.0% of the population were below the poverty line , including 13.2% of those under age 18 and 9.9% of those age 65 or over.
[ edit ] Tourism on Staten Island
In 2009, Borough President James Molinaro started a program to increase tourism on Staten Island. At the top of that program was a new website, http://www.visitstatenisland.com , the official tourism website for the Borough of Staten Island, NY. The website was developed by local web development firm Mindsaw in cooperation with the Borough Presidents office and was Launched in July 2009.
The Tourism Program also includes a "Staten Island Attractions" video that is aired in both the Staten Island and the Manhattan Whitehall Ferry Terminals, as well as informational Kiosks at the Terminals which supply printed information on Staten Island Attractions, Entertainment and Restaurants.
Culture
Local support for the arts
Artists and musicians have been moving to Staten Island's North Shore so they can be in close proximity to Manhattan but also have enough affordable space to live and work in. Recently The New York Times [ 4 ] [ 21 ] and NY1 News [ 22 ] featured Staten Island as a haven for artists and musicians. Filmmakers, most of whom work independently, also play an important part on Staten Island's art scene, which has been recognized by the local government. Conceived by the Staten Island Economic Development Corporation to introduce independent and international films to a broad and diverse audience, the Staten Island Film Festival (SIFF) held its first four-day festival in 2006.




Sailors' Snug Harbor


Museums
Snug Harbor Cultural Center , the Alice Austen House Museum, the Conference House , the Garibaldi - Meucci Museum, Historic Richmond Town , Jacques Marchais Museum of Tibetan Art , the Noble Maritime Collection, Sandy Ground Historical Museum, [ 23 ] , Staten Island Children's Museum , the Staten Island Museum and the Staten Island Botanical Garden , home of the The New York Chinese Scholar's Garden .
While Staten Island was selected as the future site of the National Lighthouse Museum, the museum never got off the ground, after ten plus years of planning the board officially disbanded in the fall of 2009.
Attractions
Historic Richmond Town is New York City’s living history village and museum complex. Visitors can explore the diversity of the American experience, especially that of Staten Island and its neighboring communities, from the colonial period to the present. The village area occupies 25 acres (100,000 m 2 ) of a 100-acre (0.40 km 2 ) site with about 15 restored buildings, including homes, commercial and civic buildings, and a museum.
The island is home to the Staten Island Zoo , which recently opened a newly refurbished reptile exhibit and is in the process of designing a new carousel and leopard enclosure. Zoo construction commenced in 1933 as part of the Federal Government’s works program on an eight-acre (three-hectare) estate willed to New York City. It was opened on June 10, 1936, the first zoo in the U.S. specifically devoted to an educational mandate. The Society has remained steadfast in its concentration on this goal, which is still a vital part of the Society’s current mission. The Staten Island Zoo was also the first zoo anywhere to exhibit all the 32 varieties of rattlesnakes known to occur in the United States. In the late 1960s the Zoo maintained the most complete rattlesnake collection in the world with 39 varieties.
Theater




The St. George Theater


The newly renovated St. George Theatre serves as a cultural arts center for a myriad of activities including outreach educational programs, architectural tours, television and film shoots, concerts, comedy, Broadway touring companies and small and large scale children's shows. It has featured many known artists such as The Jonas Brothers, Tony Bennett, and Don McLean.
Media
Staten Island's local paper is The Staten Island Advance . The paper also has an affiliated website called silive.com.
SI Parent , Staten Island's parenting magazine has been publishing monthly issues since 1989. Their website siparent.com debuted in 2005. The parent company, Family Resource Publications, Inc. also publishes an annual S.I. Parent Resource Handbook since 1997.
The free monthly full color What's Good? Magazine, a guide to Staten Island was being published by Reduced Printing from September 2009 until December 2009. What's Good Magazine appeared on NY1 news as the first magazine to uplift the perception of Staten Island, detailing monthly activities to visit around the Island.
The documentary "A Walk Around Staten Island with David Hartman and Barry Lewis" premiered on public television station WNET on December 3, 2007, profiling Staten Island culture and history, including major attractions such as the Staten Island Ferry , Historic Richmondtown , the Conference House , Snug Harbor Cultural Center , the Chinese Scholars Garden and many more sites. [ 24 ]
Film and television
Movies filmed partially or wholly on Staten Island include The Godfather ; It takes two Working Girl ; War of the Worlds ; Sorry, Wrong Number ; Sisters ; Splendor in the Grass ; GoodFellas ; Donnie Brasco ; Shamus ; School of Rock ; Two Family House ; He Knows You're Alone ; Analyze This ; Big Daddy ; The Astronaut's Wife ; Scent of a Woman ; Freedomland ; The Toxic Avenger ; Easy Money , Big Fan and Staten Island (the movie). Also independent films The Atomic Space Bug (1999), Stairwell: Trapped in the World Trade Center (2002) and A Conversation with Norman (2005) were filmed on Staten Island and directed by Jonathan M. Parisen and Dan Quinn. Combat Shock (1986) and No Way Home (1996) were filmed by Staten Island director Buddy Giovinazzo . How to Lose a Guy in 10 Days was also filmed in Staten Island.
Television series shot partially or wholly on Staten Island include The Education of Max Bickford and The Book of Daniel as well as parts of many episodes of Law & Order and Law & Order: Special Victims Unit . The sitcom Grounded for Life was set on Staten Island, while the animated Godzilla: The Series , the Humanitarian Environmental Analysis Team (HEAT), which monitors Godzilla, has their headquarters based on Staten Island in an old ferry terminal.
Music
Main article: Music of New York City
Singer Christina Aguilera , David Johansen (also known as Buster Poindexter ) of the New York Dolls , Guitarist Earl Slick (of David Bowie, John Lennon), Ingrid Michaelson , Mary Edwards, Eamon , Rick Schroder (the actor), Alyssa Milano (the actress), and Vernon Reid of Living Colour were born or reside on Staten Island. The hard rock band White Lion and the critically acclaimed hip hop -collective Wu-Tang Clan (who dubbed the borough "Shaolin"), the band The Headlocks and rapper Shyheim all formed on Staten Island. Force MD's were from Staten Island, their top ten hit was Tender Love. Drummer A.J. Pero from Twisted Sister resides in Staten Island. Vito and the Elegants had a #1 hit in 1959 with Little Star, whIch was recorded on South Beach Staten Island. Joan Baez was born on Staten Island, and Blackie Lawless from W.A.S.P. . Staten Island plays host to a well supported punk scene, including up and coming politically oriented rock groups such as Ballz, the Roman Geez, and Curious Volume.
See also: Culture of New York City
Literature
The late writer Paul Zindel lived in Staten Island during his youth and based most of his teenage novels in the Island. American Wildflower a novel about life on Staten Island in the 1970s was written by Bobby Clark who was born on the island and lived there for forty years. Louis Lowry, the author of The Gossamer and many other books attended school on Staten Island.
Sports
See also: Sports in New York City




The Richmond County Bank Ballpark



Staten Island Yankees , New York-Penn League baseball, Class A Minor League affiliate to the New York Yankees
The New York Metropolitans of the American Association played baseball on Staten Island from April 1886 through 1887. Erastus Wiman , the developer of St. George, brought the team to Staten Island where they played in a stadium called the St. George Grounds , near the site of the current-day Staten Island Yankees' Richmond County Bank Ballpark and the Staten Island Ferry terminal.
Wagner College participates in Division I athletics.
NBA Basketball coach P.J. Carlesimo coached the Wagner College Basketball team the "Seahawks".
Former New York Giants head coach Jim Lee Howell prior was head coach of Staten Island's Wagner College Football
Staten Island formerly had a professional football team which was a member of the NFL called the Staten Island Stapes . They were based in Stapleton . Their stadium was called Thompson's Stadium which was located on the site of present Berta A. Dreyfus Intermediate School 49 and the Stapleton Houses . They faced many other teams that still exist today. Football Hall of Famer Ken Strong played for the Stapes.
New York Predators Semi Pro football team calls Staten Island its home since its inception in 1998 owned by Bill Simo plays most homes games in Alumni Stadium on the grounds of Monsignor Farrell H.S.
There was a controversial plan by the International Speedway Corporation to build a speedway on the island that would host NASCAR races by 2010. ISC abandoned the plan in 2006, citing financial concerns.
In 1964 Staten Island's Mid Island Little League won the Little League World Series in Williamsport, Pennsylvania .
The Staten Island Cricket Club , incorporated in 1866, [ 25 ] is the oldest continuously operating cricket club in the United States. [ 26 ]

Hospitals

Richmond University Medical Center
Staten Island University Hospital

Education
See also: Education in New York City  and List of high schools in New York City
Public schools
Education in Staten Island is provided by a number of public and private institutions. Public schools in the borough are managed by the New York City Department of Education , the largest public school system in the United States.
Public middle schools include Intermediate Schools 2, 7, 24, 27, 32, 34, 49 , 51, 61, 63 , 72 and 75, and 861, a K to 8 school as well as part of the Petrides School (which runs from kindergarten to High School )
Public high schools include:

College of Staten Island High School for International Studies
Curtis High School
New Dorp High School
Petrides High School
Port Richmond High School
Staten Island Technical High School
Susan E. Wagner High School
Tottenville High School
Ralph McKee Vocational/ Technical High School

Private schools

Staten Island Academy is the only independent private (non-public, non-religious) grade school on the island and is one of the oldest in the entire country.

Non-denominational - Christian

Gateway Academy
Catholic high schools include:

St. John Villa Academy (all-girls')
St. Peter's Boys High School
St. Peter's High School for Girls
Notre Dame Academy (Staten Island, New York)
St. Joseph Hill Academy
St. John Villa Academy
Monsignor Farrell High School
Moore Catholic High School
St. Joseph by the Sea High School .



Moore Catholic and St. Joseph by the Sea are the only co-educational Catholic schools on the island.
Colleges and universities

The College of Staten Island is one of the six senior colleges of the City University of New York (CUNY). The college offers both associate's and bachelor's degrees. The College of Staten Island also offers post-graduate level study from master's to doctoral level study.
Wagner College is a coeducational private liberal arts college with an enrollment of 1,900 undergraduates and 400 graduate students. The college is affiliated with the Evangelical Lutheran Church in America .
St. John's University has a campus on Staten Island. It is a private, coeducational Roman Catholic university.

Libraries
Twelve branches of the New York Public Library serve the borough.

trucking accidents


A traffic collision ( motor vehicle collision , motor vehicle accident , car accident , or car crash ) is when a road vehicle collides with another vehicle, pedestrian , animal , road debris , or other geographical or architectural obstacle. Traffic collisions can result in injury, property damage, and death.
A number of factors contribute to the risk of collision including; vehicle design, speed of operation, road design, and driver impairment. Worldwide motor vehicle collisions lead to significant death and disability as well as significant financial costs to both society and the individual.




Contents


1 Terminology
2 Classification
3 Fatality
4 Causes

4.1 Driver behaviour

4.1.1 Motor vehicle speed
4.1.2 Driver impairment


4.2 Road design
4.3 Vehicle design and maintenance


5 Prevention
6 Public health

6.1 United Nations response


7 Epidemiology

7.1 Crash rates


8 History
9 Society and culture

9.1 Economic costs
9.2 Legal consequences
9.3 In popular culture


10 Gallery
11 See also
12 Notes
13 External links





//

Terminology
Many different terms are commonly used to describe vehicle collisions. The World Health Organization use the term road traffic injury , [ 1 ] while the U.S. Census Bureau uses the term motor vehicle accidents (MVA) [ 2 ] and Transport Canada uses the term "motor vehicle traffic collision". [ 3 ] Other terms that are commonly used include auto accident , car accident , car crash , car smash , car wreck , motor vehicle collision (MVC) , personal injury collision (PIC) , road accident , road traffic accident (RTA) , road traffic collision (RTC) , road traffic incident (RTI) , road traffic accident and later road traffic collision , as well as more unofficial terms including smash-up and fender bender .
As the factors involved in collisions have become better understood, some organizations have begun to avoid the term "accident," as the word suggests an unpreventable, unpredictable event and disregards the opportunity for the driver(s) involved to avoid the crash. Although auto collisions are rare in terms of the number of vehicles on the road and the distance they travel, addressing the contributing factors can reduce their likelihood. For example, proper signage can decrease driver error and thereby reduce crash frequency by a third or more. [ 4 ] That is why these organizations prefer the term "collision" rather than "accident".
However, treating collisions as anything other than "accidents" has been criticized for holding back safety improvements, because a culture of blame may discourage the involved parties from fully disclosing the facts, and thus frustrate attempts to address the real root causes . [ 5 ]
Classification
Main article: Road accident types
Motor vehicle collisions can be classified by mechanism. Common mechanisms include head-on collisions , run-off-road collisions , rear-end collisions , side collision , and rollovers .
Fatality
The definition of a road-traffic fatality varies from country to country. In the United States, for example, the definition used in the Fatality Analysis Reporting System (FARS) [ 6 ] run by the NHTSA is a person who dies within 30 days of a crash on a US public road involving a vehicle with an engine, the death being the result of the crash. In the U.S., therefore, if a driver has a non-fatal heart attack that leads to a road-traffic crash that causes death, that is a road-traffic fatality. However, if the heart attack causes death prior to the crash, then that is not a road-traffic fatality.
The definition of a road accident fatality can change with time in the same country. For example, fatality is defined in France as a person who dies in the 6 days (pre 2005) after the accident; in the 30 days (post 2005) after the accident. [ 7 ] .
Causes
A 1985 study by K. Rumar, using British and American crash reports as data, found that 57% of crashes were due solely to driver factors, 27% to combined roadway and driver factors, 6% to combined vehicle and driver factors, 3% solely to roadway factors, 3% to combined roadway, driver, and vehicle factors, 2% solely to vehicle factors and 1% to combined roadway and vehicle factors. [ 8 ]
Driver behaviour
A 1985 report based on British and American crash data found driver error, intoxication and other human factors contribute wholly or partly to about 93% of crashes. [ 8 ]
An RAC survey found most British drivers think they're better drivers than non-British drivers. Nearly all drivers who'd been in a crash did not believe themselves to be at fault. [ 9 ] One survey of drivers reported that they thought the key elements of good driving were: [ 10 ]

controlling a car including a good awareness of the car's size and capabilities
reading and reacting to road conditions, weather, road signs and the environment
alertness, reading and anticipating the behaviour of other drivers.

Although proficiency in these skills is taught and tested as part of the driving exam, a 'good' driver can still be at a high risk of crashing because:

...the feeling of being confident in more and more challenging situations is experienced as evidence of driving ability, and that 'proven' ability reinforces the feelings of confidence. Confidence feeds itself and grows unchecked until something happens – a near-miss or an accident. [ 10 ]

An AXA survey concluded Irish drivers are very safety-conscious relative to other European drivers. However, this does not translate to significantly lower crash rates in Ireland. [ 11 ]
Accompanying changes to road designs have been wide-scale adoptions of rules of the road alongside law enforcement policies that included drink-driving laws, setting of speed limits, and speed enforcement systems such as speed cameras . Some countries' driving tests have been expanded to test a new driver's behavior during emergencies, and their hazard perception.
There are demographic differences in crash rates. For example, although young people tend to have good reaction times, disproportionately more young male drivers feature in accidents, [ 12 ] with researchers observing that many exhibit behaviors and attitudes to risk that can place them in more hazardous situations than other road users. [ 10 ] This gets reflected by actuaries when they set insurance rates for different age groups, partly based on their age, sex, and choice of vehicle. Older drivers with slower reactions would be expected to be involved in more accidents, but this has not been the case as they tend to drive less and, apparently, more cautiously. [ 13 ] Attempts to impose traffic policies can be complicated by local circumstances and driver behaviour. In 1969 Leeming warned that there is a balance to be struck when "improving" the safety of a road: [ 14 ]
It can safely be said that many places which look dangerous do not have accidents, or very few. Conversely, a location that does not look dangerous may have a high crash frequency. The reason for this is simple. If drivers perceive a location as hazardous, they take more care and there are no accidents. Accidents happen when hazardous road or traffic conditions are not obvious at a glance, or where the conditions are too complicated for the limited human machine to perceive and react in the time and distance available.
This phenomena has been observed in risk compensation research, where the predicted reductions in accident rates have not occurred after legislative or technical changes. One study observed that the introduction of improved brakes resulted in more aggressive driving, [ 15 ] and another argued that compulsory seat belt laws have not been accompanied by a clearly-attributed fall in overall fatalities. [ 16 ]
In the 1990s Hans Monderman 's studies of driver behavior led him to the realization that signs and regulations had an adverse effect on a driver's ability to interact safely with other road users. Monderman developed shared space principles, rooted in the principles of the woonerven of the 1970s. He found that the removal of highway clutter, while allowing drivers and other road users to mingle with equal priority, could help drivers recognize environmental clues. They relied on their cognitive skills alone, reducing traffic speeds radically and resulting in lower levels of road casualties and lower levels of congestion. [ 17 ]
Motor vehicle speed




Relative risk of speeding in an urban 60 km/hr zone. [ 18 ]


The U.S. Department of transportation's Federal Highway Administration review research on traffic speed in 1998. [ 19 ] The summary states:

That the evidence shows that the risk of having a crash is increased both for vehicles traveling slower than the average speed, and for those traveling above the average speed.
That the risk of being injured increases exponentially with speeds much faster than the median speed.
That the severity of a crash depends on the vehicle speed change at impact.
That there is limited evidence that suggests that lower speed limits result in lower speeds on a system wide basis.
That most crashes related to speed involve speed too fast for the conditions.
That more research is needed to determine the effectiveness of traffic calming.

The Road and Traffic Authority (RTA) of the Australian state of New South Wales (NSW) asserts speeding (travelling too fast for the prevailing conditions or above the posted speed limit [ 20 ] ) is a factor in about 40 percent of road deaths. [ 21 ] The RTA also say speeding increases the risk of a crash and its severity. [ 21 ] On another webpage, the RTA qualify their claims by referring to one specific piece of research from 1997, and stating "research has shown that the risk of a crash causing death or injury increases rapidly, even with small increases above an appropriately set speed limit." [ 22 ]
The contributory factor report in the official British road casualty statistics show for 2006, that "exceeding speed limit" was a contributory factor in 5% of all casualty crashes (14% of all fatal crashes), and that "travelling too fast for conditions" was a contributory factor in 11% of all casualty crashes (18% of all fatal crashes). [ 23 ]
Driver impairment

Alcohol





Relative risk of an accident based on blood alcohol levels. [ 18 ]


In Canada 33.8% of motor vehicle deaths were associated with alcohol use. [ 24 ] See also: alcohol-related traffic crashes in the United States ;

Physical impairment

Poor eyesight and/or physical impairment , with many jurisdictions setting simple sight tests and/or requiring appropriate vehicle modifications before being allowed to drive;

Old age

Old age , with some jurisdictions requiring driver retesting for reaction speed and eyesight after a certain age;

Sleep deprivation

Fatigue ;

Drug use

Including some prescription drugs , over the counter drugs (notably antihistamines , opioids and muscarinic antagonists ), and illegal drugs .
Several conditions can work together to create a much worse situation, for example:

Combining low doses of alcohol and cannabis has a more severe effect on driving performance than either cannabis or alcohol in isolation, [ 25 ] or
Taking recommended doses of several drugs together, which individually will not cause impairment, may combine to bring on drowsiness or other impairment. This could be more pronounced in an elderly person whose renal function is less efficient than a younger person's. [ 26 ]

Thus there are situations when a person may be impaired, but still legally allowed to drive, and becomes a potential hazard to themselves and other road users. Pedestrians or cyclists are affected in the same way and can similarly jeopardize themselves or others when on the road.
Research suggests that the driver's attention is affected by distracting sounds such as conversations and operating a mobile phone while driving . Many jurisdictions now restrict or outlaw the use of some types of phone within the car. Recent research conducted by British scientists suggests that music can also have an effect; classical music is considered to be calming, yet too much could relax the driver to a condition of distraction. On the other hand, hard rock may encourage the driver to step on the acceleration pedal, thus creating a potentially dangerous situation on the road. [ 27 ]
Road design
Main article: Road safety




A potential long fall stopped by an early guardrail, ca. 1920. Guardrails , median barriers , or other physical objects can help reduce the consequences of an accident or minimize damage.


A 1985 US study showed that about 34% of serious crashes had contributing factors related to the roadway or its environment. Most of these crashes also involved a human factor. [ 8 ] The road or environmental factor was either noted as making a significant contribution to the circumstances of the crash, or did not allow room to recover. In these circumstances it is frequently the driver who is blamed rather than the road; those reporting the accident have a tendency to overlook the human factors involved, such as the subtleties of design and maintenance that a driver could fail to observe or inadequately compensate for. [ 28 ]
Research has shown that careful design and maintenance, with well-designed intersections, road surfaces, visibility and traffic control devices, can result in significant improvements in accident rates. Individual roads also have widely differing performance in the event of an impact. In Europe there are now EuroRAP tests that indicate how "self-explaining" and forgiving a particular road and its roadside would be in the event of a major incident.
In the UK, research has shown that investment in a safe road infrastructure programme could yield a ⅓ reduction in road deaths saving as much as £6billion per year. [ 29 ] A consortium of 13 major road safety stakeholders have formed the Campaign for Safe Road Design which is calling on the UK Government to make safe road design a national transport priority.
Vehicle design and maintenance
Main article: Automobile safety




A Chevrolet Malibu involved in a rollover crash



Seatbelts

Research has shown that, across all collision types, it is less likely that seat belts were worn in collisions involving death or serious injury, rather than light injury; wearing a seat belt reduces the risk of death by about two thirds. [ 30 ] Seat belt use is controversial, with notable critics such as Professor John Adams suggesting that their use may lead to a net increase in road casualties due to a phenomenon known as risk compensation . [ 31 ]

Maintenance

A well-designed and well-maintained vehicle, with good brakes, tires and well-adjusted suspension will be more controllable in an emergency and thus be better equipped to avoid collisions. Some mandatory vehicle inspection schemes include tests for some aspects of road worthiness, such as the UK's MOT test or German TÜV conformance inspection.
The design of vehicles has also evolved to improve protection after collision, both for vehicle occupants and for those outside of the vehicle. Much of this work was led by automotive industry competition and technological innovation, leading to measures such as Saab 's safety cage and reinforced roof pillars of 1946, Ford´s 1956 Lifeguard safety package, and Saab and Volvo 's introduction of standard fit seatbelts in 1959. Other initiatives were accelerated as a reaction to consumer pressure, after publications such as Ralph Nader 's 1965 book Unsafe at Any Speed accused motor manufacturers of indifference towards safety.
In the early 1970s British Leyland started an intensive programme of vehicle safety research, producing a number of prototype experimental safety vehicles demonstrating various innovations for occupant and pedestrian protection such as: air bags , anti-lock brakes , impact-absorbing side-panels, front and rear head restraints, run-flat tyres, smooth and deformable front-ends, impact-absorbing bumpers, and retractable headlamps. [ 32 ] Design has also been influenced by government legislation, such as the Euro NCAP impact test .
Common features designed to improve safety include: thicker pillars, safety glass, interiors with no sharp edges, stronger bodies , other active or passive safety features, and smooth exteriors to reduce the consequences of an impact with pedestrians.
The UK Department for Transport publish road casualty statistics for each type of collision and vehicle through its Road Casualties Great Britain report. [ 33 ] These statistics show a ten to one ratio of in-vehicle fatalities between types of car. In most cars, occupants have a 2–8% chance of death in a two-car collision.

Center of gravity

Some types of crash tend to have more serious consequences; rollovers have become more common in recent years, perhaps due to the increase in popularity of taller SUVs , people carriers and minivans which have more top weight than standard passenger cars. Rollovers can be fatal, especially if the occupants are ejected because they were not wearing seat belts (83% of ejections during rollovers were fatal when the driver did not wear a seat belt, compared to 25% when they did). [ 30 ] After a new design of Mercedes Benz notoriously failed a ' moose test ' (sudden swerving to avoid an obstacle), some manufacturers enhance suspension using stability control linked to an anti-lock braking system in order to reduce the likelihood of rollover. After retrofitting these systems to its models in 1999–2000, Mercedes saw its models involved in fewer crashes [ 34 ]
Now about 40% of new US vehicles, mainly the SUVs, vans and pickup trucks that are more susceptible to rollover, are being produced with a lower center of gravity and enhanced suspension with stability control linked to its anti-lock braking system in order to reduce the risk of rollover, and meet US federal requirements that will mandate anti-rollover technology by September 2011. [ 35 ]

Motorcycles

Motorcyclists have little protection other than their clothing ; this difference is reflected in the casualty statistics, where they are more than twice as likely to suffer severely after a collision. In 2005 there were 198,735 road crashes with 271,017 reported casualties on roads in Great Britain. This included 3,201 deaths (1.1%) and 28,954 serious injuries (10.7%) overall. Of these casualties 178,302 (66%) were car users and 24,824 (9%) were motorcyclists, of whom 569 were killed (2.3%) and 5,939 seriously injured (24%). [ 36 ]
Prevention
A large body of knowledge has been amassed on how to prevent car crashes, and reduce the severity of those that do occur. See Road Traffic Safety .
Public health
Many jurisdictions require the collection and reporting of road traffic incident statistics. Such data enables figures for deaths, personal injuries, and possibly property damage to be produced, and correlated against a range of circumstances. Analysis of this data may allow incident clusters and incident causes to be identified.
United Nations response
Owing to the global and massive scale of the issue, with predictions that by 2020 road traffic deaths and injuries will exceed HIV/AIDS as a burden of death and disability, [ 37 ] the United Nations and its subsidiary bodies have passed resolutions and held conferences on the issue. The first United Nations General Assembly resolution and debate was in 2003 [ 38 ] The World Day of Remembrance for Road Traffic Victims was declared in 2005 . In 2009 the first high level ministerial conference on road safety will be held in Moscow .
The World Health Organization , a specialized agency of the United Nations Organization , in its Global Status Report on Road Safety 2009, states that over 90% of the world’s fatalities on the roads occur in low-income and middle-income countries, which have only 48% of the world’s registered vehicles, and predicts that road traffic injuries will rise to become the fifth leading cause of death by 2030 [ 39 ]

wrongful death accident


Wrongful death is a claim in common law jurisdictions against a person who can be held liable for a death. The claim is brought in a civil action , usually by close relatives, as enumerated by statute . Under common law , a dead person cannot bring a suit, and this created a legal hole in which activities that resulted in a person's injury would result in civil sanction but activities that resulted in a person's death would not.
The standard of proof in the United States is typically preponderance of the evidence as opposed to clear and convincing or beyond a reasonable doubt . In Australia and the United Kingdom , it is 'on the balance of probabilities'. For this reason it is often easier for a family to seek retribution against someone who kills a family member through tort than a criminal prosecution. However, the two actions are not mutually exclusive; a person may be prosecuted criminally for causing a person's death (whether in the form of murder , manslaughter , criminally negligent homicide , or some other theory) and that person can also be sued civilly in a wrongful death action (as in the O.J. Simpson cases). Wrongful death is also the only recourse available when a company , not an individual, causes the death of a person; for example, historically, families have tried (both successfully and unsuccessfully) to sue tobacco companies for wrongful deaths of their customers.
In most common law jurisdictions, there was no common law right to recover civil damages for the wrongful death of a person. [ 1 ] Some jurisdictions have recognized a common law right of recovery for wrongful death, reasoning that “there is no present public policy against allowing recovery for wrongful death." [ 2 ] Jurisdictions that recognize the common law right to recovery for wrongful death have used the right to fill in gaps in statutes or to apply common law principles to decisions. [ 3 ] Many jurisdictions enacted statutes to create a right to such recovery. [ 4 ] The issue of liability will be determined by the tort law of a given state.
See Lord Campbell's Act for the origin of wrongful death liability.

injury law


A personal injury lawyer is a lawyer who provides legal representation to those who claim to have been injured, physically or psychologically, as a result of the negligence or wrongdoing of another person, company, government agency, or other entity. Thus, personal injury lawyers tend to be especially knowledgeable and have more experience with regard to the area of law known as tort law , which includes civil wrongs and economic or non-economic damages to a person’s property, reputation, or rights.
Even though personal injury lawyers are trained and licensed to practice virtually any field of law, they generally only handle cases that fall under tort law including, but not limited to: work injuries, automobile and other accidents, defective products, medical mistakes, slip and fall accidents, and more.
The expression "trial lawyers" can refer to personal injury lawyers, [ citation needed ] even though most cases handled by personal injury lawyers settle rather than going to trial and other types of lawyers, such as defendants' lawyers and criminal prosecutors , also appear in trials.




Contents


1 Responsibilities
2 Certification and education
3 Career structure

3.1 Doing business
3.2 Compensation


4 Professional regulations and associations
5 Criticism
6 See also
7 References
8 External links





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Responsibilities
A personal injury lawyer has numerous responsibilities in serving his or her clients. These responsibilities encompass both professional and ethical rules and codes of conduct set forth by state bar associations where the lawyers are licensed. Once licensed to practice law by their state bar association , lawyers are legally permitted to file legal complaints, argue cases in state court, draft legal documents, and offer legal advice to victims of personal injury .
Also referred to as a plaintiff lawyer , a personal injury lawyer is responsible for interviewing prospective clients and evaluating their cases to determine the legal matter, identify the distinct issues rooted within the plaintiff’s larger problem, and extensively research every issue to build a strong case. The ultimate professional responsibility of a personal injury lawyer is to help plaintiffs obtain the justice and compensation they deserve for their losses and suffering through advocacy, oral arguments, client counseling, and legal advice.
Personal injury lawyers must also adhere to strict standards of legal ethics when dealing with clients. While the guidelines vary according to state, the basic codes of conduct state that a lawyer must knowledgeably evaluate legal matters and exercise competence in any legal matter undertaken. Moreover, personal injury lawyers owe their clients a duty of loyalty and confidentiality and must work to protect their clients’ best interests.
Certification and education
In order to practice law in the United States, a personal injury lawyer must pass a written bar examination and, in some cases, a written ethics examination. Bar examinations vary on a state-to-state basis. However, most states require applicants to have completed a four-year college degree and a law degree from an accredited law school (California is one notable exception, but the non-accredited law school must meet certain requirements.) [ 1 ]
In all states, a personal injury lawyer is required to take the Multistate Bar Examination (MBE) [ 2 ] , the Multistate Essay Examination (MEE), and the Multistate Professional Responsibility Examination (MPRE) and a state bar exam. Some states require another exam, the Multistate Performance Test (MPT), as well.
Once admitted to the state bar, personal injury lawyers must remain up-to-date on the latest legal and non-legal developments in their field of practice, by completing a required number of continuing legal education (CLE) courses to help personal injury lawyers stay abreast of developments in their field.
Lawyers can concentrate their practices to certain areas of law, which is typically true of personal injury lawyers. By limiting the range of cases they handle, personal injury lawyers are able to acquire specialized knowledge and experience. However, to be certified as a specialist in personal injury, a lawyer must complete a specialty certification program accredited by the American Bar Association (ABA).
Certification programs have set standards of competence, knowledge and experience that lawyers must meet in order to be recognized in their area of practice as a specialist. Lawyers who have completed a specialty certification program in personal injury law at an accredited certifying organization are recognized as personal injury specialists. Some states, such as New Jersey, offer a certification as a "Certified Trial Attorney", which can be for both plaintiff and defense attorneys.
Career structure
The career structure of most lawyers varies widely. Once licensed, a lawyer may take on any kind of case whether or not they have much experience in it. However, legal ethics require an inexperienced lawyer to enlist appropriate help or take the time to learn the issues to competently represent the client. Most lawyers prefer to stick to one area of the law to gain the knowledge and experience necessary to provide the highest quality legal representation to their clients.
Personal injury lawyers choose to delve into a more specialized area involving only personal injury litigation. Personal injury litigation involves a large number of claims including accidents, medical malpractice , product liability , workplace injury , wrongful death , and more. Some personal injury lawyers choose to devote the majority of their time and energy to one area of litigation within personal injury law, thus becoming more experienced at handling very specific types of cases (e.g. medical mistakes, aviation accidents, work accidents).
Doing business
As with other types of lawyers, personal injury lawyers may choose to start a solo practice or join a small, mid-size, or large law firm as an associate. Personal injury lawyers may also be partners (owners) of a law firm or strive to be a partner.
Sole practitioners of personal injury law offer a number of benefits to potential clients, which include more personal attention and a one-on-one working relationship between the lawyer and the client. Sole practitioners are also more willing to take on smaller cases and often have lower fees and costs.
A small law firm generally consists of two to ten lawyers who can provide more expertise in a given area of personal injury law and can handle a wider range of legal issues. Mid-size law firms with ten to 50 lawyers offer legal representation in almost every major area of litigation and may house several highly experienced and knowledgeable personal injury lawyers. Large law firms with more than 50 lawyers are often the most reputable, having built up the firm for a number of years and consisting of lawyers with high levels of expertise.
Compensation
Typically lawyers’ fees are based on a number of factors, which may include the time and energy spent on a case, the outcome of a case, the difficulty of a claim, the experience and prominence of the lawyer, and the costs associated with the case. There are several standard payment options a personal injury lawyer may offer his/her clients. These options include contingency fees , hourly rates, flat fees, and retainers.
A contingency fee is a prior arrangement between lawyer and client in which the lawyer receives a set percentage of the amount of recovery awarded to the plaintiff in a case. This means that a client has no obligation to pay his/her lawyer unless the case is successfully resolved. Most personal injury lawyers work on a contingency fee basis. An hourly rate is also a common payment option that involves an agreed amount of compensation for each hour the lawyer spends on the case until its resolution. In some cases, personal injury lawyers charge a flat fee, which is a set amount, or a retainer, which is an arrangement where a certain amount of money is paid before legal representation begins. These fee arrangements may also be combined.
Professional regulations and associations
Personal injury lawyers are regulated by codes of conduct established by state bar associations, which have the power to take disciplinary action against lawyers who violate professional or ethical regulations. The American Bar Association (ABA) Joint Committee on Lawyer Regulation offers assistance to state bars, helping them to draft, implement, and/or promote regulatory policies regarding personal injury lawyers.
Personal injury lawyers may belong to any number of professional associations, some of which are mandatory and others voluntary. For instance, personal injury lawyers are licensed by their state bar associations, of which they must be members. Among the more common professional associations that personal injury lawyers may voluntarily join are the following:

American Bar Association – a professional association dedicated to improving the legal system and providing accreditation for law schools and continuing legal education programs (
Association of Personal Injury Lawyers – an association founded in 1990 by personal injury lawyers on behalf of accident victims
Association of Trial Lawyers of America – also known as ATLA, an association of trial lawyers that was founded in 1946 by a group of plaintiff’s attorneys committed to safeguarding victims’ rights. In 2007, ATLA changed its name to the American Association for Justice, also known as the AAJ, however the internet web site may still be located at http://www.atla.org/ .


The Mission of the American Association for Justice is to promote a fair and effective justice system—and to support the work of attorneys in their efforts to ensure that any person who is injured by the misconduct or negligence of others can obtain justice in America's courtrooms, even when taking on the most powerful interests.

Criticism
The aggressive representation of injured parties by personal injury lawyers has spawned movements to establish tort reform in the United States in recent years. Tort reform proponents argue that such reforms are necessary because personal injury litigation has led to a substantial increase in health care costs; they further claim that many doctors have had to leave practice or relocate because of cost-prohibitive medical malpractice insurance rates. A recent publication by the Harvard School of Public Health found that in only 60% of medical malpractice litigation cases was there evidence of medical error . [1]
See also

" Ambulance chaser "
Big Apple Pothole and Sidewalk Protection Committee
Compensation culture

malpractice


In law , malpractice is a type of negligence in, which the professional under a duty to act , fails to follow generally accepted professional standards, and that breach of duty is the proximate cause of injury to a plaintiff who suffers harm . It is committed by a professional or her/his subordinates or agents on behalf of a client or patient that causes damages to the client or patient.
Malpractice laws are aimed to deter unsafe medical practice and compensate persons injured through negligence ; however, as few as 2% of negligent injuries result in claims, and only 17% of claims involve negligent injury.

medical lawyer


Medical law is the branch of law which concerns the prerogatives and responsibilities of medical professionals and the rights of the patient . [ 1 ] It should not be confused with medical jurisprudence , which is a branch of medicine , rather than a branch of law.
The main branches of medical law are the law on confidentiality , negligence and torts in relation to medical treatment, and criminal law in the field of medical practice and treatment. Ethics and medical practice is a growing field.

medical lawyers


Medical law is the branch of law which concerns the prerogatives and responsibilities of medical professionals and the rights of the patient . [ 1 ] It should not be confused with medical jurisprudence , which is a branch of medicine , rather than a branch of law.
The main branches of medical law are the law on confidentiality , negligence and torts in relation to medical treatment, and criminal law in the field of medical practice and treatment. Ethics and medical practice is a growing field.

justice


Justice is the concept of moral rightness based on ethics , rationality , law , natural law , religion , fairness , or equity , along with the punishment of the breach of said ethics.. [ 2 ]




Contents


1 Concept of justice
2 Variations of justice
3 Understandings of justice

3.1 Justice as harmony
3.2 Justice as divine command
3.3 Justice as natural law
3.4 Justice as human creation

3.4.1 Justice as authoritative command
3.4.2 Justice as trickery
3.4.3 Justice as mutual agreement


3.5 Justice as a subordinate value


4 Theories of distributive justice

4.1 Egalitarianism
4.2 Giving people what they deserve
4.3 Fairness
4.4 Property Rights (non-coercion)/Having the right history
4.5 Welfare-maximization


5 Theories of retributive justice

5.1 Utilitarianism
5.2 Retributivism


6 Institutions
7 See also
8 References
9 Further reading
10 External links





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Concept of justice




Scales of justice


Justice concerns itself with the proper ordering of things and people within a society . As a concept it has been subject to philosophical , legal , and theological reflection and debate throughout history . A number of important questions surrounding justice have been fiercely debated over the course of western history : What is justice? What does it demand of individuals and societies? What is the proper distribution of wealth and resources in society: equal , meritocratic , according to status , or some other arrangement? There are myriad possible answers to these questions from divergent perspectives on the political and philosophical spectrum.
According to most theories of justice, it is overwhelmingly important: John Rawls , for instance, claims that "Justice is the first virtue of social institutions, as truth is of systems of thought." [ 3 ] : Justice can be thought of as distinct from and more fundamental than benevolence , charity , mercy , generosity or compassion . Justice has traditionally been associated with concepts of fate , reincarnation or Divine Providence , i.e. with a life in accordance with the cosmic plan. The association of justice with fairness has thus been historically and culturally rare and is perhaps chiefly a modern innovation. [ 4 ]
Studies at UCLA in 2008 have indicated that reactions to fairness are "wired" into the brain and that, "Fairness is activating the same part of the brain that responds to food in rats... This is consistent with the notion that being treated fairly satisfies a basic need" [ 5 ] . Research conducted in 2003 at Emory University , Georgia , involving Capuchin Monkeys demonstrated that other cooperative animals also possess such a sense and that " inequity aversion may not be uniquely human." [ 6 ] indicating that ideas of fairness and justice may be instinctual in nature.
Variations of justice
Utilitarianism is a form of consequentialism , where punishment is forward-looking. Justified by the ability to achieve future social benefits resulting in crime reduction, the moral worth of an action is determined by its outcome.
Retributive justice regulates proportionate response to crime proven by lawful evidence, so that punishment is justly imposed and considered as morally-correct and fully deserved. The law of retaliation ( lex talionis ) is a military theory of retributive justice, which says that reciprocity should be equal to the wrong suffered; "life for life, wound for wound, stripe for stripe." [ 7 ]
Restorative justice is concerned not so much with retribution and punishment as with (a) making the victim whole and (b) reintegrating the offender into society. This approach frequently brings an offender and a victim together, so that the offender can better understand the effect his/her offense had on the victim.
Distributive justice is directed at the proper allocation of things — wealth, power, reward, respect — between different people.
Oppressive Law exercises an authoritarian approach to legislation which is "totally unrelated to justice", a tyrannical interpretation of law is one in which the population lives under restriction from unlawful legislation.
Some theorists, such as the classical Greeks and Romans, conceive of justice as a virtue —a property of people, and only derivatively of their actions and the institutions they create. Others emphasize actions or institutions, and only derivatively the people who bring them about. The source of justice has variously been attributed to harmony , divine command , natural law , or human creation.
Understandings of justice




Justice by Luca Giordano


Justice as harmony
Main article: Republic (dialogue)
In his dialogue Republic , Plato uses Socrates to argue for justice which covers both the just person and the just City State . Justice is a proper, harmonious relationship between the warring parts of the person or city. Hence Plato's definition of justice is that justice is the having and doing of what is one's own. A just man is a man in just the right place, doing his best and giving the precise equivalent of what he has received. This applies both at the individual level and at the universal level. A person’s soul has three parts – reason, spirit and desire. Similarly, a city has three parts – Socrates uses the parable of the chariot to illustrate his point: a chariot works as a whole because the two horses’ power is directed by the charioteer. Lovers of wisdom – philosophers, in one sense of the term – should rule because only they understand what is good . If one is ill, one goes to a doctor rather than a quack, because the doctor is expert in the subject of health. Similarly, one should trust one’s city to an expert in the subject of the good, not to a mere politician who tries to gain power by giving people what they want, rather than what’s good for them. Socrates uses the parable of the ship to illustrate this point: the unjust city is like a ship in open ocean, crewed by a powerful but drunken captain (the common people), a group of untrustworthy advisors who try to manipulate the captain into giving them power over the ship’s course (the politicians), and a navigator (the philosopher) who is the only one who knows how to get the ship to port. For Socrates, the only way the ship will reach its destination – the good – is if the navigator takes charge. [ 8 ]
Justice as divine command
Main article: Divine command theory
Justice as a divine law is commanding, and indeed the whole of morality, is the authoritative command. Killing is wrong and therefore must be punished and if not punished what should be done? There is a famous paradox called the Euthyphro dilemma which essentially asks: is something right because God commands it, or does God command it because it's right? If the former, then justice is arbitrary; if the latter, then morality exists on a higher order than God, who becomes little more than a passer-on of moral knowledge. Some Divine command advocates respond by pointing out that the dilemma is false: goodness is the very nature of God and is necessarily expressed in His commands.
Justice as natural law
Main article: Natural law
For advocates of the theory that justice is part of natural law (e.g., John Locke), it involves the system of consequences which naturally derives from any action or choice. In this, it is similar to the laws of physics: in the same way as the Third of Newton's laws of Motion requires that for every action there must be an equal and opposite reaction, justice requires according individuals or groups what they actually deserve, merit, or are entitled to. Justice, on this account, is a universal and absolute concept: laws, principles, religions, etc., are merely attempts to codify that concept, sometimes with results that entirely contradict the true nature of justice.
Justice as human creation
In contrast to the understandings canvassed so far, justice may be understood as a human creation , rather than a discovery of harmony, divine command, or natural law. This claim can be understood in a number of ways, with the fundamental division being between those who argue that justice is the creation of some humans, and those who argue that it is the creation of all humans.
Justice as authoritative command




Injustice by Giotto di Bondone


According to thinkers including Thomas Hobbes , justice is created by public, enforceable, authoritative rules , and injustice is whatever those rules forbid, regardless of their relation to morality. Justice is created , not merely described or approximated, by the command of an absolute sovereign power. This position has some similarities with divine command theory (see above), with the difference that the state (or other authority) replaces God.
Justice as trickery
In Republic , the character Thrasymachus argues that justice is the interest of the strong—merely a name for what the powerful or cunning ruler has imposed on the people.
Further information: Republic (dialogue) , Master-slave morality
Justice as mutual agreement
Main article: Social contract
According to thinkers in the social contract tradition, justice is derived from the mutual agreement of everyone concerned; or, in many versions, from what they would agree to under hypothetical conditions including equality and absence of bias. This account is considered further below, under ‘Justice as fairness’.
Justice as a subordinate value
According to utilitarian thinkers including John Stuart Mill , justice is not as fundamental as we often think. Rather, it is derived from the more basic standard of rightness, consequentialism : what is right is what has the best consequences (usually measured by the total or average welfare caused). So, the proper principles of justice are those which tend to have the best consequences. These rules may turn out to be familiar ones such as keeping contracts ; but equally, they may not, depending on the facts about real consequences. Either way, what is important is those consequences, and justice is important, if at all, only as derived from that fundamental standard. Mill tries to explain our mistaken belief that justice is overwhelmingly important by arguing that it derives from two natural human tendencies: our desire to retaliate against those who hurt us, and our ability to put ourselves imaginatively in another’s place. So, when we see someone harmed, we project ourselves into her situation and feel a desire to retaliate on her behalf. If this process is the source of our feelings about justice, that ought to undermine our confidence in them. [ 9 ]
Theories of distributive justice
Main article: Distributive justice




Allegory or The Triumph of Justice by Hans von Aachen


Theories of distributive justice need to answer three questions:

What goods are to be distributed? Is it to be wealth , power , respect , some combination of these things?
Between what entities are they to be distributed? Humans (dead, living, future), sentient beings, the members of a single society, nations ?
What is the proper distribution? Equal, meritocratic , according to social status , according to need , based on property rights and non-aggression?

Distributive justice theorists generally do not answer questions of who has the right to enforce a particular favored distribution. On the other hand, property rights theorists argue that there is no "favored distribution." Rather, distribution should be based simply on whatever distribution results from non-coerced interactions or transactions (that is, transactions not based upon force or fraud).
This section describes some widely-held theories of distributive justice, and their attempts to answer these questions.
Egalitarianism
Main article: Egalitarianism
According to the egalitarian, goods should be distributed equally. This basic view can be elaborated in many different ways, according to what goods are to be distributed—wealth, respect, opportunity—and what they are to be distributed equally between—individuals, families, nations, races, species. Commonly-held egalitarian positions include demands for equality of opportunity and for equality of outcome .
Giving people what they deserve
In one sense, all theories of distributive justice claim that everyone should get what they deserve . Theories disagree on the basis for deserving. The main distinction is between theories that argue the basis of just deserts is held equally by everyone, and therefore derive egalitarian accounts of distributive justice—and theories that argue the basis of just deserts is unequally distributed on the basis of, for instance, hard work, and therefore derive accounts of distributive justice by which some should have more than others. This section deals with some popular theories of the second type.
According to meritocratic theories, goods, especially wealth and social status , should be distributed to match individual merit , which is usually understood as some combination of talent and hard work. According to needs -based theories, goods, especially such basic goods as food, shelter and medical care, should be distributed to meet individuals' basic needs for them. Marxism can be regarded as a needs-based theory on some readings of Marx's slogan " from each according to his ability, to each according to his need ." [ 10 ] According to contribution -based theories, goods should be distributed to match an individual's contribution to the overall social good.
Fairness
Main article: A Theory of Justice




J.L. Urban, statue of Lady Justice at court building in Olomouc , Czech Republic


In his A Theory of Justice , John Rawls used a social contract argument to show that justice, and especially distributive justice, is a form of fairness: an impartial distribution of goods. Rawls asks us to imagine ourselves behind a veil of ignorance which denies us all knowledge of our personalities, social statuses, moral characters, wealth, talents and life plans, and then asks what theory of justice we would choose to govern our society when the veil is lifted, if we wanted to do the best that we could for ourselves. We don’t know who in particular we are, and therefore can’t bias the decision in our own favour. So, the decision-in-ignorance models fairness, because it excludes selfish bias . Rawls argues that each of us would reject the utilitarian theory of justice that we should maximize welfare (see below) because of the risk that we might turn out to be someone whose own good is sacrificed for greater benefits for others. Instead, we would endorse Rawls’s two principles of justice :

Each person is to have an equal right to the most extensive total system of equal basic liberties compatible with a similar system of liberty for all.
Social and economic inequalities are to be arranged so that they are both

to the greatest benefit of the least advantaged, consistent with the just savings principle, and
attached to offices and positions open to all under conditions of fair equality of opportunity. [ 11 ]



This imagined choice justifies these principles as the principles of justice for us, because we would agree to them in a fair decision procedure. Rawls’s theory distinguishes two kinds of goods – (1) liberties and (2) social and economic goods, i.e. wealth, income and power – and applies different distributions to them – equality between citizens for (1), equality unless inequality improves the position of the worst off for (2).
Property Rights (non-coercion)/Having the right history
Robert Nozick ’s influential critique of Rawls argues that distributive justice is not a matter of the whole distribution matching an ideal pattern , but of each individual entitlement having the right kind of history . It is just that a person has some good (especially, some property right ) if and only if they came to have it by a history made up entirely of events of two kinds:

1. Just acquisition , especially by working on unowned things; and
2. Just transfer , that is free gift, sale or other agreement, but not theft (i.e. by force or fraud).

If the chain of events leading up to the person having something meets this criterion, they are entitled to it: that they possess it is just, and what anyone else does or doesn't have or need is irrelevant.
On the basis of this theory of distributive justice, Nozick argues that all attempts to redistribute goods according to an ideal pattern, without the consent of their owners, are theft. In particular, redistributive taxation is theft.
Some property rights theorists also take a consequentialist view of distributive justice and argue that property rights based justice also has the effect of maximizing the overall wealth of an economic system. They explain that voluntary (non-coerced) transactions always have a property called pareto efficiency . A pareto efficient transaction is one in which at least one party ends up better off and neither party ends up worse off. The result is that the world is better off in an absolute sense and no one is worse off. Such consequentialist property rights theorists argue that respecting property rights maximizes the number of pareto efficient transactions in the world and minimized the number of non-pareto efficient transactions in the world (i.e. transactions where someone is made worse off). The result is that the world will have generated the greatest total benefit from the limited, scarce resources available in the world. Further, this will have been accomplished without taking anything away from anyone by coercion.
Further information: Anarchy, State, and Utopia , Libertarianism
Welfare-maximization
Main article: Utilitarianism
According to the utilitarian, justice requires the maximization of the total or average welfare across all relevant individuals. This may require sacrifice of some for the good of others, so long as everyone’s good is taken impartially into account. Utilitarianism, in general, argues that the standard of justification for actions, institutions, or the whole world, is impartial welfare consequentialism , and only indirectly, if at all, to do with rights , property , need , or any other non-utilitarian criterion. These other criteria might be indirectly important, to the extent that human welfare involves them. But even then, such demands as human rights would only be elements in the calculation of overall welfare, not uncrossable barriers to action.
Theories of retributive justice
Theories of retributive justice are concerned with punishment for wrongdoing, and need to answer three questions:

why punish?
who should be punished?
what punishment should they receive?

This section considers the two major accounts of retributive justice, and their answers to these questions. Utilitarian theories look forward to the future consequences of punishment, while retributive theories look back to particular acts of wrongdoing, and attempt to balance them with deserved punishment.
Utilitarianism
According to the utilitarian, as already noted, justice requires the maximization of the total or average welfare across all relevant individuals. Punishment is bad treatment of someone, and therefore can’t be good in itself , for the utilitarian. But punishment might be a necessary sacrifice which maximizes the overall good in the long term, in one or more of three ways:

Deterrence . The credible threat of punishment might lead people to make different choices; well-designed threats might lead people to make choices which maximize welfare.
Rehabilitation . Punishment might make bad people into better ones. For the utilitarian, all that ‘bad person’ can mean is ‘person who’s likely to cause bad things (like suffering) ’. So, utilitarianism could recommend punishment that changes someone such that they are less likely to cause bad things.
Security / Incapacitation . Perhaps there are people who are irredeemable causers of bad things. If so, imprisoning them might maximize welfare by limiting their opportunities to cause harm and therefore the benefit lies within protecting society.

So, the reason for punishment is the maximization of welfare, and punishment should be of whomever, and of whatever form and severity, are needed to meet that goal. Worryingly, this may sometimes justify punishing the innocent, or inflicting disproportionately severe punishments, when that will have the best consequences overall (perhaps executing a few suspected shoplifters live on television would be an effective deterrent to shoplifting, for instance). It also suggests that punishment might turn out never to be right, depending on the facts about what actual consequences it has. [ 12 ]
Retributivism
Main article: Retributive justice
The retributivist will think the utilitarian's argument disastrously mistaken. If someone does something wrong, we must respond to it, and to him or her, as an individual , not as a part of a calculation of overall welfare. To do otherwise is to disrespect him or her as an individual human being. If the crime had victims, it is to disrespect them, too. Wrongdoing must be balanced or made good in some way, and so the criminal deserves to be punished. Retributivism emphasizes retribution – payback – rather than maximization of welfare. Like the theory of distributive justice as giving everyone what they deserve (see above), it links justice with desert. It says that all guilty people, and only guilty people, deserve appropriate punishment. This matches some strong intuitions about just punishment: that it should be proportional to the crime, and that it should be of only and all of the guilty. However, it is sometimes argued that retributivism is merely revenge in disguise. [ 13 ] Despite this criticism, there are numerous differences between retribution and revenge: the former is impartial, has a scale of appropriateness and corrects a moral wrong, whereas the latter is personal, unlimited in scale, and often corrects a slight.
Further information: Deontological ethics
Institutions




The Justices of the United States Supreme Court with President George W. Bush , October 2005


Main article: Law
In a world where people are interconnected but they disagree, institutions are required to instantiate ideals of justice. These institutions may be justified by their approximate instantiation of justice, or they may be deeply unjust when compared with ideal standards — consider the institution of slavery . Justice is an ideal which the world fails to live up to, sometimes despite good intentions, sometimes disastrously. The question of institutive justice raises issues of legitimacy , procedure , codification and interpretation , which are considered by legal theorists and by philosophers of law .
Another definition of justice is an independent investigation of truth. In a court room, lawyers , the judge and the jury are supposed to be independently investigating the truth of an alleged crime. In physics, a group of physicists examine data and theoretical concepts to consult on what might be the truth or reality of a phenomenon.

oil spill


An oil spill is the release of a liquid petroleum hydrocarbon into the environment due to human activity, and is a form of pollution . The term often refers to marine oil spills, where oil is released into the ocean or coastal waters . The oil may be a variety of materials, including crude oil , refined petroleum products (such as gasoline or diesel fuel ) or by-products, ships ' bunkers, oily refuse or oil mixed in waste . Spills take months or even years to clean up. [ 1 ] Oil also enters the marine environment from natural oil seeps. [ 2 ] Most human-made oil pollution comes from land-based activity, but public attention and regulation has tended to focus most sharply on seagoing oil tankers.




Contents


1 Environmental effects

1.1 Prevention


2 Environmental Sensitivity Index (ESI) Mapping

2.1 NOAA's Office of Response and Restoration
2.2 Shoreline Type
2.3 Biological Resources
2.4 Human-Use Resources


3 Estimating the volume of a spill
4 Largest oil spills
5 See also
6 References
7 Further reading
8 External links





//

Environmental effects




Surf Scoter covered in oil as a result of the 2007 San Francisco Bay oil spill .






Oil Slick from the Montara oil spill in the Timor Sea, September, 2009.






Oil slicks on Lake Maracaibo .






Clean-up efforts after the Exxon Valdez oil spill .






Volunteers cleaning up the aftermath of the Prestige oil spill .






A US Navy oil spill response team drills with a "Harbour Buster high-speed oil containment system".


The oil penetrates up the structure of the plumage of birds, reducing its insulating ability, and so making the birds more vulnerable to temperature fluctuations and much less buoyant in the water. It also impairs birds' flight abilities to forage and escape from predators. As they attempt to preen , birds typically ingest oil that covers their feathers, causing kidney damage, altered liver function, and digestive tract irritation. This and the limited foraging ability quickly causes dehydration and metabolic imbalances. Hormonal balance alteration including changes in luteinizing protein can also result in some birds exposed to petroleum. [ 3 ] Most birds affected by an oil spill die unless there is human intervention. [ 4 ] [ 5 ]
Marine mammals exposed to oil spills are affected in similar ways as seabirds. Oil coats the fur of Sea otters and seals , reducing its insulation abilities and leading to body temperature fluctuations and hypothermia . Ingestion of the oil causes dehydration and impaired digestions.
Because oil floats on top of water, less light penetrates into the water, limiting the photosynthesis of marine plants and phytoplankton . This, as well as decreasing the fauna populations, affects the food chain in the ecosystem.
A sheen is usually dispersed (but not cleaned up) with detergents which makes oil settle to the bottom. Oils that are denser than water, such as Polychlorinated biphenyls (PCBs), can be more difficult to clean as they make the seabed toxic.
Methods for cleaning up include:

Bioremediation : use of microorganisms [ 6 ] or biological agents [ 7 ] to break down or remove oil
Bioremediation Accelerator: Oleophilic, hydrophobic chemical, containing no bacteria, which chemically and physically bonds to both soluble and insoluble hydrocarbons. The bioremedation accelerator acts as a herding agent in water and on the surface, floating molecules to the surface of the water, including solubles such as phenols and BTEX, forming gel-like agglomerations. Non-detectable levels of hydrocarbons can be obtained in produced water and manageable water columns. By over spraying sheen with bio remediation accelerator, sheen is eliminated within minutes. Whether applied on land or on water, the nutrient-rich emulsion, creates a bloom of local, indigenous, pre-existing, hydrocarbon-consuming bacteria. Those specific bacteria break down the hydrocarbons into water and carbon dioxide, with EPA tests showing 98% of alkanes biodegraded in 28 days; and aromatics being biodegraded 200 times faster than in nature [ 8 ] .
Controlled burning can effectively reduce the amount of oil in water, if done properly. [ 9 ] But it can only be done in low wind , [ citation needed ] and can cause air pollution . [ 10 ]
Dispersants act as detergents , clustering around oil globules and allowing them to be carried away in the water. [ 11 ] This improves the surface aesthetically, and mobilizes the oil. Smaller oil droplets, scattered by currents, may cause less harm and may degrade more easily. But the dispersed oil droplets infiltrate into deeper water and can lethally contaminate coral . Recent research indicates that some dispersant are toxic to corals. [ 12 ]
Watch and wait: in some cases, natural attenuation of oil may be most appropriate, due to the invasive nature of facilitated methods of remediation, particularly in ecologically sensitive areas. [ citation needed ]
Dredging : for oils dispersed with detergents and other oils denser than water.
Skimming : Requires calm waters
Solidifying [ citation needed ]

Equipment used includes: [ 9 ]

Booms: large floating barriers that round up oil and lift the oil off the water
Skimmers : skim the oil
Sorbents: large absorbents that absorb oil
Chemical and biological agents: helps to break down the oil
Vacuums: remove oil from beaches and water surface
Shovels and other road equipments: typically used to clean up oil on beaches



Certain Products such as Nokomis 3

Prevention

Secondary containment - methods to prevent releases of oil or hydrocarbons into environment.
Oil Spill Prevention Containment and Countermeasures (SPCC) program by the United States Environmental Protection Agency .
Double hulling - build double hulls into vessels, which reduces the risk and severity of a spill in case of a collision or grounding. Existing single-hull vessels can also be rebuilt to have a double hull.

Environmental Sensitivity Index (ESI) Mapping
NOAA's Office of Response and Restoration
Environmental Sensitivity Index (ESI) maps are used to identify sensitive shoreline resources prior to an oil spill event in order to set priorities for protection and plan cleanup strategies. [ 13 ] [ 14 ] By planning spill response ahead of time, the impact on the environment can be minimized or prevented. Environmental sensitivity index maps are basically made up of information within the following three categories: shoreline type, and biological and human-use resources. [ 15 ]
Shoreline Type
Shoreline type is classified by rank depending on how easy the oil would be to cleanup, how long the oil would persist, and how sensitivity of the shoreline. [ 16 ] The floating oil slicks put the shoreline at particular risk when they eventually come ashore, covering the substrate with oil. The differing substrates between shoreline types vary in their response to oiling, and influence the type of cleanup that will be required to effectively decontaminate the shoreline. In 1995, the National Oceanic and Atmospheric Administration extended ESI maps to lakes, rivers, and estuary shoreline types. [ 15 ] The exposure the shoreline has to wave energy and tides, substrate type, and slope of the shoreline are also taken into account – in addition to biological productivity and sensitivity. The productivity of the shoreline habitat is also taken into account when determining ESI ranking. [ 17 ] Mangroves and marshes tend to have higher ESI rankings due to the potentially long-lasting and damaging effects of both the oil contamination and cleanup actions. Impermeable and exposed surfaces with high wave action are ranked lower due to the reflecting waves keeping oil from coming onshore, and the speed at which natural processes will remove the oil.
Biological Resources
Habitats of plants and animals that may be at risk from oil spills are referred to as “elements” and are divided by functional group. Further classification divides each element into species groups with similar life histories and behaviors relative to their vulnerability to oil spills. There are eight element groups: Birds, Reptiles and Amphibians, Fish, Invertebrates, Habitats and Plants, Wetlands, and Marine Mammals and Terrestrial Mammals. Element groups are further divided into sub-groups, for example, the ‘marine mammals’ element group is divided into dolphins , manatees, pinnipeds (seals, sea lions & walruses), polar bears , sea otters and whales . [ 15 ] [ 17 ] Issues taken into consideration when ranking biological resources include the observance of a large number of individuals in a small area, whether special life stages occur ashore (nesting or molting), and whether there are species present that are threatened, endangered or rare. [ 18 ]
Human-Use Resources
Human use resources are divided into four major classifications; archaeological importance or cultural resource site, high-use recreational areas or shoreline access points, important protected management areas, or resource origins. [ 15 ] [ 18 ] Some examples include airports, diving sites, popular beach sites, marinas, natural reserves or marine sanctuaries.
Estimating the volume of a spill




Bottsand class oil recovery ship of the German Navy .


By observing the thickness of the film of oil and its appearance on the surface of the water, it is possible to estimate the quantity of oil spilled. If the surface area of the spill is also known, the total volume of the oil can be calculated. [ 19 ]




Film thickness
Quantity spread


Appearance
in
mm
gal/sq mi
L/ha


Barely visible
0.0000015
0.0000380
25
0.370


Silvery sheen
0.0000030
0.0000760
50
0.730


First trace of color
0.0000060
0.0001500
100
1.500


Bright bands of color
0.0000120
0.0003000
200
2.900


Colors begin to dull
0.0000400
0.0010000
666
9.700


Colors are much darker
0.0000800
0.0020000
1332
19.500


Oil spill model systems are used by industry and government to assist in planning and emergency decision making. Of critical importance for the skill of the oil spill model prediction is the adequate description of the wind and current fields. There is a worldwide oil spill modelling (WOSM) program. [ 20 ]
Largest oil spills
Main article: List of oil spills

Oil spills of over 100,000 tonnes or 30 million US gallons, ordered by tonnes [a]

Spill / Tanker
Location
Date
*Tons of crude oil
Reference


Gulf War oil spill
Persian Gulf
January 21, 1991
1,360,000–113,293,207 (36 billion gallons)
[ 21 ] [ 22 ]
[ 23 ]



Ixtoc I oil well
Gulf of Mexico
June 3, 1979–March 23, 1980
454,000–480,000
[ 24 ]


Atlantic Empress / Aegean Captain
Trinidad and Tobago
July 19, 1979
287,000
[ 25 ] [ 26 ]


Fergana Valley
Uzbekistan
March 2, 1992
285,000
[ 22 ]


Nowruz oil field
Persian Gulf
February 1983
260,000
[ 27 ]


ABT Summer
700 nautical miles (1,300 km) off Angola
1991
260,000
[ 25 ]


Castillo de Bellver
Saldanha Bay , South Africa
August 6, 1983
252,000
[ 25 ]


Amoco Cadiz
Brittany , France
March 16, 1978
223,000
[ 22 ] [ 25 ]


Amoco Haven tanker disaster
Mediterranean Sea near Genoa , Italy
1991
144,000
[ 25 ]


Odyssey
700 nautical miles (1,300 km) off Nova Scotia , Canada
1988
132,000
[ 25 ]


Sea Star
Gulf of Oman
December 19, 1972
115,000
[ 22 ] [ 25 ]


Torrey Canyon
Scilly Isles , UK
March 18, 1967
80,000–119,000
[ 22 ] [ 25 ]


Irenes Serenade
Navarino Bay , Greece
1980
100,000
[ 25 ]


Urquiola
A Coruña , Spain
May 12, 1976
100,000
[ 25 ]


labor law lawyer


Labour law (or "labor", or "employment" law) is the body of laws , administrative rulings, and precedents which address the legal rights of, and restrictions on, working people and their organizations. As such, it mediates many aspects of the relationship between trade unions , employers and employees. In Canada, employment laws related to unionized workplaces are differentiated from those relating to particular individuals. In most countries however, no such distinction is made. However, there are two broad categories of labour law. First, collective labour law relates to the tripartite relationship between employee, employer and union. Second, individual labour law concerns employees' rights at work and through the contract for work. The labour movement has been instrumental in the enacting of laws protecting labour rights in the 19th and 20th centuries. Labour rights have been integral to the social and economic development since the industrial revolution .




Contents


1 Labour law history

1.1 Contract of employment
1.2 Minimum wage
1.3 Working time
1.4 Health and safety
1.5 Anti-discrimination
1.6 Unfair dismissal
1.7 Child labour


2 Collective labour law

2.1 Trade unions
2.2 Strikes
2.3 Pickets
2.4 Workplace involvement
2.5 Co-determination


3 International labour law

3.1 International Labor Organization
3.2 European labour law


4 National labour law

4.1 Australian labour law
4.2 British labour law
4.3 Canadian labour law
4.4 Chinese labour law
4.5 French labour law
4.6 German labour law
4.7 Indian labour law
4.8 Iranian labour law
4.9 Japanese labour law
4.10 Mexican labour law
4.11 Swedish labour law
4.12 United States labor law


5 See also
6 Notes
7 Further reading
8 External links





//

Labour law history



Part of a series on
Organized labour








The labour movement
New Unionism  · Proletariat
Social Movement Unionism  · Socialism
Syndicalism  · Anarcho-syndicalism
Labour timeline






Labour rights
Child labor  · Eight-hour day
Occupational safety and health
Collective bargaining






Trade unions
Trade unions by country
Trade union federations
International comparisons
ITUC  · WFTU  · IWA






Strike actions
Chronological list of strikes
General strike  · Sympathy strike
Sitdown strike  · Work-to-rule






Academic disciplines
Labor in economics
Labor history
Industrial relations  · Labor law





v   •   d   •   e



Main article: History of labour law
Labour law arose due to the demands for workers for better conditions, the right to organize, and the simultaneous demands of employers to restrict the powers of workers' many organizations and to keep labour costs low. Employers' costs can increase due to workers organizing to win higher wages, or by laws imposing costly requirements, such as health and safety or equal opportunities conditions. Workers' organizations, such as trade unions , can also transcend purely industrial disputes, and gain political power - which some employers may oppose. The state of labour law at any one time is therefore both the product of, and a component of, struggles between different interests in society.
Contract of employment
Main articles: Employment contract and At-will employment
The basic feature of labour law in almost every country is that the rights and obligations of the worker and the employer between one another are mediated through the contract of employment between the two. This has been the case since the collapse of feudalism and is the core reality of modern economic relations. Many terms and conditions of the contract are however implied by legislation or common law, in such a way as to restrict the freedom of people to agree to certain things to protect employees, and facilitate a fluid labour market. In the U.S. for example, majority of state laws allow for employment to be "at will", meaning the employer can terminate an employee from a position for any reason, so long as the reason is not an illegal reason, including a termination in violation of public policy. [ 1 ]
One example in many countries [ 2 ] is the duty to provide written particulars of employment with the essentialia negotii ( Latin for essential terms) to an employee. This aims to allow the employee to know concretely what to expect and is expected; in terms of wages, holiday rights, notice in the event of dismissal, job description and so on. An employer may not legally offer a contract in which the employer pays the worker less than a minimum wage. An employee may not for instance agree to a contract which allows an employer to dismiss them unfairly. There are certain categories that people may simply not agree to because they are deemed categorically unfair. However, this depends entirely on the particular legislation of the country in which the work is. [ 3 ]
Minimum wage
Main article: Minimum wage
There may be law stating the minimum amount that a worker can be paid per hour. Australia, Belgium, Canada, China, France, Greece, Hungary, India, Ireland, Japan, Korea, Luxembourg, the Netherlands, New Zealand, Paraguay, Portugal, Poland, Romania, Spain, Taiwan, the United Kingdom, the United States and others have laws of this kind. The minimum wage is usually different from the lowest wage determined by the forces of supply and demand in a free market , and therefore acts as a price floor . Each country sets its own minimum wage laws and regulations, and while a majority of industrialized countries has a minimum wage, many developing countries have not.
Minimum wages are regulated and stipulated also in some countries that lack specific laws. In Sweden, for instance, minimum wages are negotiated between the labour market parties (unions and employer organisations) through collective agreements that also cover non-union workers and non-organised employers.
Minimum wage laws were first introduced nationally in the United States in 1938, [ 4 ] India in 1948, France in 1950, [ 5 ] and in the United Kingdom in 1998. [ 6 ] In the European Union , 18 out of 25 member states currently have national minimum wages. [ 7 ]
Working time
See also: Eight-hour day
Before the Industrial Revolution , the workday varied between 11 and 14 hours. With the growth of industrialism and the introduction of machinery, longer hours became far more common, with 14–15 hours being the norm, and 16 not at all uncommon. Use of child labour was commonplace, often in factories. In England and Scotland in 1788, about two-thirds of persons working in the new water-powered textile factories were children. [ 8 ] The eight-hour movement 's struggle finally led to the first law on the length of a working day, passed in 1833 in England, limiting miners to 12 hours, and children to 8 hours. The 10-hour day was established in 1848, and shorter hours with the same pay were gradually accepted thereafter. The 1802 Factory Act was the first labour law in the UK.
After England, Germany was the first European country to pass labour laws; Chancellor Bismarck 's main goal being to undermine the Social Democratic Party of Germany (SPD). In 1878, Bismarck instituted a variety of anti-socialist measures, but despite this, socialists continued gaining seats in the Reichstag . The Chancellor, then, adopted a different approach to tackling socialism . To appease the working class, he enacted a variety of paternalistic social reforms, which became the first type of social security . The year 1883 saw the passage of the Health Insurance Act, which entitled workers to health insurance; the worker paid two-thirds, and the employer one-third, of the premiums. Accident insurance was provided in 1884, while old age pensions and disability insurance were established in 1889. Other laws restricted the employment of women and children. These efforts, however, were not entirely successful; the working class largely remained unreconciled with Bismarck's conservative government.
In France, the first labour law was voted in 1841. However, it limited only under-age miners' hours, and it was not until the Third Republic that labour law was effectively enforced, in particular after Waldeck-Rousseau 1884 law legalizing trade unions . With the Matignon Accords , the Popular Front (1936–38) enacted the laws mandating 12 days (2 weeks) each year of paid vacations for workers and the law limiting to 40 hours the workweek (outside of overtime).

Lochner v. New York , 198 U.S. 45 (1905), a notorious, and now defunct case by the US Supreme Court that regulation of working time (for bakeries) to limit workers to a 10 hour day.

Health and safety
Main article: Occupational safety and health
Other labour laws involve safety concerning workers. The earliest English factory law was drafted in 1802 and dealt with the safety and health of child textile workers.
Anti-discrimination
Main article: Anti-discrimination law
This clause means that discrimination against employees is morally unacceptable and illegal, on a variety of grounds, in particular racial discrimination or sexist discrimination .
Unfair dismissal
Main articles: Unfair dismissal , Wrongful dismissal , and At-will employment
Convention no. 158 of the International Labour Organisation states that an employee "can't be fired without any legitimate motive" and "before offering him the possibility to defend himself". Thus, on April 28, 2006, after the unofficial repeal of the French First Employment Contract (CPE), the Longjumeau ( Essonne ) conseil des prud'hommes (labour law court) judged the New Employment Contract (CNE) contrary to international law , and therefore "illegitimate" and "without any juridical value". The court considered that the two-years period of "fire at will" (without any legal motive) was "unreasonable", and contrary to convention no. 158, ratified by France. [ 9 ] [ 10 ]
Child labour
Main article: Child labour




Two girls wearing banners in Yiddish and English with the slogan "Abolish child slavery!!" at the 1909 May Day parade in New York City


Child labour is the employment of children under an age determined by law or custom. This practice is considered exploitative by many countries and international organizations. Child labour was not seen as a problem throughout most of history, only becoming a disputed issue with the beginning of universal schooling and the concepts of labourers' and children's rights . Child labour can be factory work, mining or quarrying, agriculture, helping in the parents' business, having one's own small business (for example selling food), or doing odd jobs. Some children work as guides for tourists , sometimes combined with bringing in business for shops and restaurants (where they may also work as waiters). Other children are forced to do tedious and repetitive jobs such as assembling boxes, or polishing shoes. However, rather than in factories and sweatshops , most child labour occurs in the informal sector, "selling on the street, at work in agriculture or hidden away in houses — far from the reach of official inspectors and from media scrutiny." [ 11 ]
Collective labour law
Collective labour law concerns the tripartite relationship between employer, employee and trade unions . Trade unions, sometimes called "labour unions"
Trade unions
Main article: Trade union
Some countries require unions to follow particular procedures before taking certain actions. For example, some countries require that unions ballot the membership to approve a strike or to approve using members' dues for political projects. Laws may guarantee the right to join a union (banning employer discrimination), or remain silent in this respect. Some legal codes may allow unions to place a set of obligations on their members, including the requirement to follow a majority decision in a strike vote. Some restrict this, such as the ' right to work ' legislation in some of the United States.
Strikes
Main article: Strike action




Strikers gathering in Tyldesley in the 1926 General Strike in the U.K.


Strike action is the weapon of the workers most associated with industrial disputes, and certainly among the most powerful. In most countries, strikes are legal under a circumscribed set of conditions. Among them may be that:

The strike is decided on by a prescribed democratic process. ( Wildcat strikes are illegal).
Sympathy strikes , against a company by which workers are not directly employed, may be prohibited.
General strikes may be forbidden by a public order .
Certain categories of person may be forbidden to strike (airport personnel, health personnel, teachers, police or firemen, etc.)
Strikes may be pursued by people continuing to work, as in Japanese strike actions which increase productivity to disrupt schedules, or in hospitals.

A boycott is a refusal to buy, sell, or otherwise trade with an individual or business who is generally believed by the participants in the boycott to be doing something morally wrong. Throughout history, workers have used tactics such as the go-slow , sabotage , or just not turning up en-masse to gain more control over the workplace environment, or simply have to work less [2] . Some labour law explicitly bans such activity, none explicitly allows it.
Pickets
Main article: Picketing (protest)
Picketing is a tactic which is often used by workers during strikes. They may congregate outside the business they are striking against to make their presence felt, increase worker participation, and dissuade (or prevent) strike breakers from entering the workplace. In many countries, this activity is restricted by labour law, by more general law restricting demonstrations, or sometimes by injunctions on particular pickets. For example, labour law may restrict secondary picketing (picketing a business not directly connected with the dispute, such as a supplier of materials), or flying pickets (mobile strikers who travel to join a picket). There may be laws against obstructing others from going about their lawful business ( scabbing , for example, is lawful); making obstructive pickets illegal, and, in some countries, such as Britain, there may be court orders made from time to time against pickets being in particular places or behaving in particular ways (shouting abuse, for example).
Workplace involvement
Main article: Industrial democracy
Workplace consolation statutes exist in many countries, requiring that employers consult their workers on issues that concern their place in the company. Industrial democracy refers to the same idea, but taken much further. Not only that workers should have a voice to be listened to, but that workers have a vote to be counted.
Co-determination
Main articles: Co-determination and Industrial democracy
Originating in Germany, some form of co-determination (or Mitbestimmung ) procedure is practiced in countries across continental Europe, such as Holland and the Czech Republic, as well as Scandinavian countries (e.g. Sweden). This involves the rights of workers to be represented on the boards of companies for whom they work. The German model involves half the board of directors being appointed by the company trade union. However, German company law uses a split board system, with a 'supervisory board' ( Aufsichtsrat ) which appoints an 'executive board' ( Vorstand ). Shareholders and unions elect the supervisory board in equal number, except that the head of the supervisory board is, under co-determination law, a shareholder representative. While not gaining complete parity, there has been solid political consensus since the Helmut Schmidt social democrat government introduced the measure in 1976.
In the United Kingdom, the similar proposals were drawn up, and a command paper produced named the Bullock Report (Industrial democracy) . This was released in 1977 by the James Callaghan Labour government. This proposal involved a similar split on the board, but its effect would have been even more radical. Because British company law requires no split in the boards of directors, unions would have directly elected the management of the company. Furthermore, rather than giving shareholders the slight upper hand as happened in Germany, a debated 'independent' element would be added to the board, reaching the formula 2x + y. However, no action was ever taken as the UK slid into the winter of discontent . This tied into the European Commission's proposals for worker participation in the 'fifth company law directive', which was also never implemented.
In Sweden, this is regulated through the 'Law on board representation' (Lagen om styrelserepresentation). The law covers all private companies with 25 or more employees. In these companies, workers (usually through unions) have a right to appoint two board members and two substitutes. If the company has more than 1,000 employees, three members and three substitutes are appointed by workers/unions. It is common practice that seats are divided between representatives from the major union coalitions.
International labour law
One of the crucial concerns of workers and those who believe that labour rights are important [ who? ] , is that in a globalizing economy, common social standards ought to support economic development in common markets. However, there is nothing in the way of international enforcement of labour rights, with the notable exception of labour law within the European Union. At the Doha round of trade talks through the World Trade Organization one of the items for discussion was the inclusion of some kind of minimum standard of worker protection. The chief question is whether, with the breaking down of trade barriers in the international economy, while this can benefit consumers it can also make the ability of multinational companies to bargain down wage costs even greater, in wealthier Western countries and developing nations alike. The ability of corporations to shift their supply chains from one country to another with relative ease could be the starting gun for a "regulatory race to the bottom", whereby nation states are forced into a merciless downward spiral, not only slashing tax rates and public services with it but also laws that in the short term cost employers money. Countries are forced to follow suit, on this view, because should they not foreign investment will dry up, move places with lower "burdens" and leave more people jobless and poor. This argument is by no means uncontested. The opposing view [ who? ] suggests that free competition for capital investment between different countries increases the dynamic efficiency of the market place. Faced with the discipline that markets enforce, countries are incentivized to invest in education, training, and skills in their workforce to obtain a comparative advantage . Government initiative is spurred, because rational long term investment will be perceived as the better choice to increasing regulation. This theory concludes that an emphasis on deregulation is more beneficial than not. That said, neither the International Labor Organization (see below), nor the European Union takes this view.
International Labor Organization
Main article: International Labor Organization
The International Labor Organization (ILO), whose headquarters are in Geneva, is one of the oldest surviving international bodies, and the only surviving international body set up at the time of the League of Nations following the First World War. Its guiding principle is that "labour is not a commodity" to be traded in the same way as goods, services or capital, and that human dignity demands equality of treatment and fairness in dealing within the workplace. [ 12 ] The ILO has drawn up numerous conventions on what ought to be the labor standards adopted by countries party to it. Countries are then obliged to ratify the Conventions in their own national law. However, there is no enforcement of this, and in practice most conventions are not agreed to, even if they are adhered to.
European labour law
Main article: European labour law
The European Working Time Directive limited the maximum length of a working week to 48 hours in 7 days, and a minimum rest period of 11 hours in each 24 hours. Like all EU Directives , this is an instrument which requires member states to enact its provisions in national legislation. Although the directive applies to all member states, in the UK it is possible to "opt out" of the 48 hour working week to work longer hours. In contrast, France has passed more strict legislation, limiting the maximum working week to 35 hours (but optional hours are still possible). The controversial Directive on services in the internal market (aka " Bolkestein Directive") was then passed in 2006. [ citation needed ]
National labour law
Australian labour law
Main article: Australian labour law



This section requires expansion .


British labour law
Main article: British labour law
The Factory Acts (first one in 1802, then 1833) and the 1832 Master and Servant Act were the first laws regulating labour relations in the United Kingdom . The vast majority of employment law before 1960 was based upon the Law of Contract. Since then there has been a significant expansion primarily due to the "equality movement" [ citation needed ] and the European Union. [ citation needed ] There are three sources of Law: Acts of Parliament called Statutes, Statutory Regulations (made by a Secretary of State under and Act of Parliament) and Case Law (developed by various Courts).
The first significant modern day Employment Law Act was the Equal Pay Act of 1970 although as it was a somewhat radical concept it did not come into effect until 1972. This act was introduced as part of a concerted effort to bring about equality for women in the workplace. Since the election of the Labour Government in 1997, there have been many changes in UK employment law. These include enhanced maternity and paternity rights, the introduction of a National Minimum Wage and the Working Time Directive which covers working time, rest breaks and the right to paid annual leave. Discrimination law has also been tightened, with protection from discrimination now available on the grounds of age, religion or belief and sexual orientation as well as gender, race and disability.
Canadian labour law
Main article: Canadian labour and employment law
In Canadian law, 'labour law' refers to matters connected with unionized workplaces, while 'employment law' deals with non-unionised employees.
Chinese labour law
Main article: Chinese labour law
Labour Law in the People's Republic of China has become a very hot issue with the soaring numbers of factories and the fast pace of urbanization . The basic labour laws are the Labour Law of People's Republic of China (promulgated on 5 July 1994) and the Law of the People's Republic of China on Employment Contracts (Adopted at the 28th Session of the Standing Committee of the 10th National People's Congress on June 29, 2007, Effective from January 1, 2008). The administrative regulations enacted by the State Council, the ministerial rules and the judicial explanations of the Supreme People's Court stipulate detailed rules concerning the various aspects of the employment relationship. Labour Union in China is controlled by the government through the All China Federation of Trade Unions , which is also the sole legal labour union in Mainland China. Strike is formally legal, but in fact is strictly forbidden.
French labour law
In France the first labour laws were Waldeck Rousseau 's laws passed in 1884. Between 1936 and 1938 the Popular Front enacted a law mandating 12 days (2 weeks) each year of paid vacation for workers, and a law limiting the work week to 40 hours, excluding overtime. The Grenelle accords negotiated on May 25 and 26th in the middle of the May 1968 crisis, reduced the working week to 44 hours and created trade union sections in each enterprise. [ 13 ] The minimum wage was also increased by 25%. [ 14 ] In 2000 Lionel Jospin 's government then enacted the 35-hour workweek , down from 39 hours. Five years later, conservative prime minister Dominique de Villepin enacted the New Employment Contract (CNE). Addressing the demands of employers asking for more flexibility in French labour laws, the CNE sparked criticism from trade unions and opponents claiming it was lending favour to contingent work . In 2006 he then attempted to pass the First Employment Contract (CPE) through a vote by emergency procedure, but that it was met by students and unions' protests . President Jacques Chirac finally had no choice but to repeal it.
German labour law
Main article: German labour law
Indian labour law
Main article: Indian labour law
Iranian labour law
Main article: Iranian labour law



This section requires expansion .


Japanese labour law
Main article: Japanese employment law
Mexican labour law
Main article: Mexican labor law
Mexican labor law governs the process by which workers in Mexico may organize labor unions, engage in collective bargaining, and strike. Current labor law reflects the historic interrelation between the state and the Confederation of Mexican Workers, the labor confederation officially aligned with the Institutional Revolutionary Party (the Institutional Revolutionary Party, or PRI), which ruled Mexico under various names for more than seventy years. While the law, on its face, promises workers the right to strike and to organize, in practice it makes it difficult or impossible for independent unions to organize while condoning the corrupt practices of many existing unions and the employers with which they deal.
Swedish labour law
Swedish labour law is from an international perspective comparatively 'thin'. This is because many of the issues and areas that in other countries are regulated through state or federal law, e.g. working hours, minimum wage and right to overtime copmensation, in Sweden instead are regulated through collective agreements between trade union and employer organisation representatives.
United States labor law
Main article: United States labor law




An American builder


The Wages and Hours Act of 1938 set the maximum standard work week to 44 hours, and in 1950 this was reduced to 40 hours. The green cards entitle legal immigrants to work just like US citizens, without requirement of work permits . Despite the 40-hour standard maximum work week , some lines of work require more than 40-hours to complete the tasks of the job. For example, if you prepare agricultural products for market you can work over 72 hours a week, if you want to, but you cannot be required to. If you harvest products you must get a period of 24 hours off after working up to 72 hours in a seven-day period. There are exceptions to the 24 hours break period for certain harvesting employees, like those involved in harvesting grapes, tree fruits and cotton. Professionals, clerical (administrative assistants), technical, and mechanical employees cannot be terminated for refusing to work more than 72 hours in a work week.
The Fifth and Fourteenth Amendments of the United States Constitution limit the power of the federal and state governments to discriminate . The private sector is not directly constrained by the Constitution. The Fifth Amendment has an explicit requirement that the Federal Government not deprive individuals of "life, liberty, or property", without due process of the law and an implicit guarantee that each person receive equal protection of the laws. The Fourteenth Amendment explicitly prohibits states from violating an individual's rights of due process and equal protection . Equal protection limits the State and Federal governments' power to discriminate in their employment practices by treating employees, former employees, or job applicants unequally because of membership in a group, like a race, religion or sex. Due process protection requires that employees have a fair procedural process before they are terminated if the termination is related to a "liberty", like the right to free speech , or a property interest.
The Age Discrimination in Employment Act of 1967 prohibits employment discrimination based on age with respect to employees 40 years of age or older. This Act was created to promote employment of older persons based on their ability rather than age; to prohibit arbitrary age discrimination in employment; to help employers and workers find ways of meeting problems arising from the impact of age on employment because in the face of rising productivity and affluence, older workers find themselves disadvantaged in their efforts to retain employment, and especially to regain employment when displaced from jobs; the setting of arbitrary age limits regardless of potential for job performance has become a common practice, and certain otherwise desirable practices may work to the disadvantage of older persons; the incidence of unemployment, especially long-term unemployment with resultant deterioration of skill, morale, and employer acceptability is, relative to the younger ages, high among older workers; their numbers are great and growing; and their employment problems grave; and the existence in industries affecting commerce, of arbitrary discrimination in employment because of age, burdens commerce and the free flow of goods in commerce.
Title VII of the Civil Rights Act is the principal federal statute with regard to employment discrimination prohibiting unlawful employment discrimination by public and private employers, labor organizations , training programs and employment agencies based on race or color, religion, sex, and national origin. Retaliation is also prohibited by Title VII against any person for opposing any practice forbidden by statute, or for making a charge, testifying, assisting, or participating in a proceeding under the statute. The Civil Rights Act of 1991 expanded the damages available to Title VII cases and granted Title VII plaintiffs the right to jury trial.
The National Labor Relations Act , enacted in 1935 as part of the New Deal legislation, guarantees workers the right to form unions and engage in collective bargaining. This legislation and its subsequent amendments are also key elements of U.S. labor law.
See also




Organized Labour portal




Collective bargaining
Contingent work
Labour market flexibility
Industrial relations
Journal of Individual Employment Rights
Legal working age and child labour
Labour movement
Master and Servant Act
Right-to-work law
Social security
Sweat shops
Unfair labor practice
Union Organizer
Vicarious liability
Weekends
WorkChoices
Workplace Fairness

scaffold falls


Scaffolding is a temporary structure used to support people and material in the construction or repair of buildings and other large structures. It is usually a modular system of metal pipes or tubes, although it can be made out of other materials. Bamboo is still used in some Asian countries like People's Republic of China .




Contents


1 Scaffolding in the ancient world
2 Scaffolding in the modern day

2.1 Materials
2.2 Basic scaffolding
2.3 Foundations
2.4 Ties
2.5 Putlog scaffold


3 References
4 External links





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Scaffolding in the ancient world
The Berlin Foundry Cup depicts scaffolding in ancient Greece (early fifth century BC ). The ancient Egyptians, Nubians and Chinese are also recorded as having used scaffolding-like structures to build tall buildings. The ancient Africans have also used wooden scaffoldings to support mosques. [ 1 ] [ 2 ]
Scaffolding in the modern day
This European Standard specifies performance requirements and methods of structural and general design for access and working scaffolds. Requirements given are for scaffold structures that rely on the adjacent structures for stability. In general these requirements also apply to other types of working scaffolds.
The purpose of a working scaffold is to provide a safe place of work with safe access suitable for the work being done. This document sets out performance requirements for working scaffolds. These are substantially independent of the materials of which the scaffold is made. The standard is intended to be used as the basis for enquiry and design.
This the requirements of BS EN 12811-1. TG20 is largely based on BS 5973 with extracts taken directly from the old code, it also uses permissible stress design method. However, TG20 received a mixed response from the UK industry and as a result TG20 is being re-written and the new version is due for release sometime in 2008. This is the reason for the 'limbo' situation. Until the release of the revised TG20 the HSE continue to allow scaffold to be built in accordance with BS 5973.
Materials
The basic materials are tubes, couplers and boards.
Tubes are either steel or aluminium , although composite scaffolding uses filament wound tubes of glass fibre in a nylon or polyester matrix. If steel they are either 'black' or galvanised. The tubes come in a variety of lengths and a standard diameter of 48.3 mm. (1.5 NPS pipe ). The chief difference between the two types of tubes is the lower weight of aluminium tubes (1.7 kg/m as opposed to 4.4 kg/m) and also a greater flexibility and so less resistance to force. Tubes are generally bought in 6.3 m lengths and can then be cut down to certain typical sizes.




Extensive scaffolding on a building in downtown Cincinnati, Ohio .


Boards provide a working surface for users of the scaffold. They are seasoned wood and come in three thicknesses (38 mm (usual), 50 mm and 63 mm) are a standard width (225 mm) and are a maximum of 3.9 m long. The board ends are protected by metal plates called hoop irons or sometimes nail plates. Timber Scaffold boards in the UK should comply with the requirements of BS 2482. As well as timber, steel or aluminium decking is used or laminate boards. As well as boards for the working platform there are sole boards which are placed beneath the scaffolding if the surface is soft or otherwise suspect, although ordinary boards can be used,another design called the scaffpad is another solution as it is made from a rubber base with a base plate moulded inside, these are great to put on uneven ground because they adapt to any ground where sole boards would split costing more money to replace.




A short section of steel scaffold pole.


Couplers are the fittings which hold the tubes together. The most common are called scaffold couplers, there are three basic types: right-angle couplers , putlog couplers and swivel couplers . To join tubes end-to-end joint pins (also called spigots) or sleeve couplers are used, or both together. Only right angle couplers and swivel couplers can be used to fix tube in a 'load bearing connection'. Single couplers are not load bearing couplers and have no design capacity.
Other common materials lnclude base plates, ladders , ropes , anchor ties, reveal ties, gin wheels, sheeting, etc.
Despite the metric measurements given many scaffolders measure tubes and boards in imperial units. With tubes from 21 feet down and boards from 13 ft down.
Basic scaffolding
The key elements of a scaffold are standards , ledgers and transoms . The standards, also called uprights, are the vertical tubes that transfer the entire mass of the structure to the ground where they rest on a square base plate to spread the load. The base plate has a shank in its centre to hold the tube and is sometimes pinned to a sole board . Ledgers are horizontal tubes which connect between the standards. Transoms rest upon the ledgers at right angles. Main transoms are placed next to the standards, they hold the standards in place and provide support for boards; intermediate transoms are those placed between the main transoms to provide extra support for boards. In Canada this style is referred to as "English". "American" has the transoms attached to the standards and is used less but has certain advantages in some situations. Since scaffolding is a physical structure, it is possible to go in and come out of scaffolding.




Scaffolding in Tretyakovsky Proyezd , Moscow


As well as the tubes at right angles there are cross braces to increase rigidity, these are placed diagonally from ledger to ledger, next to the standards to which they are fitted. If the braces are fitted to the ledgers they are called ledger braces. To limit sway a facade brace is fitted to the face of the scaffold every 30 metres or so at an angle of 35°-55° running right from the base to the top of the scaffold and fixed at every level.
Of the couplers previously mentioned, right-angle couplers join ledgers or transoms to standards, putlog or single couplers join board bearing transoms to ledgers - Non-board bearing transoms should be fixed using a right-angle coupler. Swivel couplers are to connect tubes at any other angle. The actual joints are staggered to avoid occurring at the same level in neighbouring standards.




Basic scaffold dimensioning terms. No boards, bracing or couplers shown


The spacing of the basic elements in the scaffold are fairly standard. For a general purpose scaffold the maximum bay length is 2.1 m, for heavier work the bay size is reduced to 2 or even 1.8 m while for inspection a bay width of up to 2.7 m is allowed.
The scaffolding width is determined by the width of the boards, the minimum width allowed is 600 mm but a more typical four-board scaffold would be 870 mm wide from standard to standard. More heavy duty scaffolding can require 5, 6 or even up to 8 boards width. Often an inside board is added to reduce the gap between the inner standard and the structure.
The lift height, the spacing between ledgers, is 2 m, although the base lift can be up to 2.7 m. The diagram above also shows a kicker lift, which is just 150 mm or so above the ground.
Transom spacing is determined by the thickness of the boards supported, 38 mm boards require a transom spacing of no more than 1.2 m while a 50 mm board can stand a transom spacing of 2.6 m and 63 mm boards can have a maximum span of 3.25 m. The minimum overhang for all boards is 50 mm and the maximum overhang is no more than 4x the thickness of the board.
Foundations
Good foundations are essential. Often scaffold frameworks will require more than simple base plates to safely carry and spread the load. Scaffolding can be used without base plates on concrete or similar hard surfaces, although base plates are always recommended. For surfaces like pavements or tarmac base plates are necessary. For softer or more doubtful surfaces sole boards must be used, beneath a single standard a sole board should be at least 1,000 cm² with no dimension less than 220 mm, the thickness must be at least 35 mm. For heavier duty scaffold much more substantial baulks set in concrete can be required. On uneven ground steps must be cut for the base plates, a minimum step size of around 450 mm is recommended.
A working platform requires certain other elements to be safe. They must be close-boarded, have double guard rails and toe and stop boards. Safe and secure access must also be provided.



Scaffolding showing required protection of a working platform with maximum dimensions. Butt-board not visible. No couplers shown



Ties




The Holy Trinity Church in Vladimir , with scaffolding wrapped in safety mesh.


Scaffolds are only rarely independent structures. To provide stability for a scaffolding (at left) framework ties are generally fixed to the adjacent building / fabric / steelwork.
General practice is to attach a tie every 4m on alternate lifts (traditional scaffolding) prefabricated System scaffolds require structural connections at all frames - ie.2-3m centres (tie patterns must be provided by the System manufacturer / supplier). The ties are coupled to the scaffold as close to the junction of standard and ledger (node point) as possible. Due to recent regulation changes, scaffolding ties must support +/- loads (tie/butt loads) and lateral (shear) loads.
Due to the different nature of structures there are a variety of different ties to take advantage of the opportunities.
Through ties are put through structure openings such as windows. A vertical inside tube crossing the opening is attached to the scaffold by a transom and a crossing horizontal tube on the outside called a bridle tube. The gaps between the tubes and the structure surfaces are packed or wedged with timber sections to ensure a solid fit.
Box ties are used to attach the scaffold to suitable pillars or comparable features. Two additional transoms are put across from the lift on each side of the feature and are joined on both sides with shorter tubes called tie tubes. When a complete box tie is impossible a l-shaped lip tie can be used to hook the scaffold to the structure, to limit inward movement an additional transom, a butt transom , is place hard against the outside face of the structure.
Sometimes it is possible to use anchor ties (also called bolt ties ), these are ties fitted into holes drilled in the structure. A common type is a ring bolt with an expanding wedge which is then tied to a node point.
The least 'invasive' tie is a reveal tie . These use an opening in the structure but use a tube wedged horizontally in the opening. The reveal tube is usually held in place by a reveal screw pin (an adjustable threaded bar) and protective packing at either end. A transom tie tube links the reveal tube to the scaffold. Reveal ties are not well regarded, they rely solely on friction and need regular checking so it is not recommended that more than half of all ties be reveal ties.
If it is not possible to use a safe number of ties rakers can be used. These are single tubes attached to a ledger extending out from the scaffold at an angle of less than 75° and securely founded. A transom at the base then completes a triangle back to the base of the main scaffold.
Putlog scaffold
As well as putlog couplers there are also putlog tubes, these have a flattened end or have been fitted with a blade. This feature allows the end of the tube to be within or rest upon the brickwork of the structure. They can be called a bricklayer's scaffold and as such consist only of a single row of standards with a single ledger, the putlogs are transoms - attached to the ledger at one end but integrated into the bricks at the other. Spacing is as general purpose scaffold and ties are still required.

ladder falls


A ladder is a vertical or inclined set of rungs or steps . There are two types: rigid ladders that can be leaned against a vertical surface such as a wall , and rope ladders that are hung from the top. The vertical members of a rigid ladder are called stringers (US) or stiles (UK). Rigid ladders are usually portable , but some types are permanently fixed to buildings.




Contents


1 Variations
2 Safety
3 Historical usage
4 See also
5 References
6 External links





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Variations




Sketch of double extension ladder






Photo of a dog and pawl on an extension ladder






Sketch of Cat Ladder (UK terminology) an aid when working on steep roofs.


Rigid ladders are available in many forms, such as:

Fixed ladder , Two side members joined by several rungs; affixed to structure with no moving parts
Extension ladder or Telescopic ladder , fixed ladder divided into two or more lengths for more convenient storage; the lengths can be slid together for storage or slid apart to maximize the length of the ladder; a pulley system may be fitted so that the ladder can be easily extended by an operator on the ground then locked in place using the dogs and pawls
Step ladder , hinged in the middle to form an inverted V, with stays to keep the two halves at a fixed angle
Folding ladder , A ladder in the step ladder style with one or more (usually no more than three) one-way hinges. Ideal for use on uneven ground (i.e. stairs), as a trestle or when fully extended a Fixed ladder. Some variations feature a central one-way hinge with extensible locking legs
Platform steps , step ladder with small horizontal platform at the top
Orchard ladder , three legged step ladder with third leg made so that it can be inserted between tree branches for fruit picking
Roof ladder , rigid ladder with large hook at the top to grip the ridge of a pitched roof
Cat ladder (US chicken ladder) , lightweight ladder frame used on steep roofs to prevent workers from sliding
Hook ladder or pompier ladder, rigid ladder with a hook at the top to grip a windowsill; used by firefighters
Turntable ladder , extension ladder fitted to rotating platform on top of a fire truck
Bridge ladder , ladder laid horizontally to act as passage between two points separated by a drop.
Vertically rising ladder , a ladder designed to climb high points and facilitate suspending there.

Rigid ladders were originally made of wood ,but in the 20th century tubular aluminium became more common because of its lighter weight. Ladders with fibreglass stiles are used for working on or near overhead electrical wires, because fibreglass is an electrical insulator . [ 1 ]
Safety
For safety, a rigid ladder should be leaned at an angle of about fifteen degrees to the vertical. In other words, the distance from the foot of the ladder to the wall should be about one quarter of the height of the top of the ladder. At steeper angles, the ladder is at risk of toppling backwards when the climber leans away from it. At shallower angles, the ladder may lose its grip on the ground. Ladder stabilizers are available that increase the ladder's grip on the ground.
A ladder standoff, or stay, is a device fitted to the top of a ladder to hold it away from the wall. This enables the ladder to clear overhanging obstacles, such as the eaves of a roof , and increases the safe working height for a given length of ladder.

Rope ladders are used where storage space is extremely limited, weight must be kept to a minimum, or in instances where the object to be climbed is too curved to use a rigid ladder. They may have rigid or flexible rungs. Climbing a rope ladder requires more skill than climbing a rigid ladder, because the ladder tends to swing like a pendulum . Steel and aluminium rope ladders as sometimes used in vertical caving .
Dissipative ladders are portable ladders built to ESD ( Electrostatic Discharge ) standard. Electrostatic Discharge is a natural occurrence in which electricity is passed through our body, or other conductor, and discharges onto some object. For example, the shock we feel when we touch a doorknob is an ESD. This natural occurrence is becoming a very hot topic in the field of electronics assembly due to the costly damage ESDs can cause to sensitive electronic equipment. Dissipative ladders are ladders with controlled electrical resistance: the resistance slows the transfer of charge from one point to another, offering increased protection during ESD events: ≥10 5 and < 10 12 Ω / square ([e.g.] [1] )
Pool ladders. A ladder is also used on the side of a boat, to climb into it from the water, and in a swimming pool. Swimming pool ladders are usually made from plastic steps with special grip and metal bars on the sides to support the steps and as handrails for the user.
Assault ladders. These are designed to be used by units which may need to board or assault vessels or buildings. They can be used when a full sized ladder is not required or when working in confined spaces. Suited for covert operations such as sniper placement, and vessel boardings. It was developed and designed for tubular assaults including buses and trains and for first storey breaching. [ 2 ] Its extra wide design gives the user greater stability, but still can fold away to be stored. It is available in standard aluminium or non-reflective black finish in 6 and 8 foot lengths.

Historical usage
Ladders are ancient tools and technology. A ladder is depicted in a Mesolithic rock painting that is at least 10,000 years old, depicted in a cave in Valencia, Spain . Bee Wilson (2004: p.5) references the rock painting which shows two naked humans carrying baskets or bags that are employing a long wobbly ladder, which appears to be made out of some kind of grass, to reach a wild honeybee nest to harvest honey . Modern ladders are believed to have been conceived by Hebrews and Egyptians.
Also know as a place where people on Martyns list can end up grasping for a last chance before falling into the abyss

labor law


Labour law (or "labor", or "employment" law) is the body of laws , administrative rulings, and precedents which address the legal rights of, and restrictions on, working people and their organizations. As such, it mediates many aspects of the relationship between trade unions , employers and employees. In Canada, employment laws related to unionized workplaces are differentiated from those relating to particular individuals. In most countries however, no such distinction is made. However, there are two broad categories of labour law. First, collective labour law relates to the tripartite relationship between employee, employer and union. Second, individual labour law concerns employees' rights at work and through the contract for work. The labour movement has been instrumental in the enacting of laws protecting labour rights in the 19th and 20th centuries. Labour rights have been integral to the social and economic development since the industrial revolution .




Contents


1 Labour law history

1.1 Contract of employment
1.2 Minimum wage
1.3 Working time
1.4 Health and safety
1.5 Anti-discrimination
1.6 Unfair dismissal
1.7 Child labour


2 Collective labour law

2.1 Trade unions
2.2 Strikes
2.3 Pickets
2.4 Workplace involvement
2.5 Co-determination


3 International labour law

3.1 International Labor Organization
3.2 European labour law


4 National labour law

4.1 Australian labour law
4.2 British labour law
4.3 Canadian labour law
4.4 Chinese labour law
4.5 French labour law
4.6 German labour law
4.7 Indian labour law
4.8 Iranian labour law
4.9 Japanese labour law
4.10 Mexican labour law
4.11 Swedish labour law
4.12 United States labor law


5 See also
6 Notes
7 Further reading
8 External links





//

Labour law history



Part of a series on
Organized labour








The labour movement
New Unionism  · Proletariat
Social Movement Unionism  · Socialism
Syndicalism  · Anarcho-syndicalism
Labour timeline






Labour rights
Child labor  · Eight-hour day
Occupational safety and health
Collective bargaining






Trade unions
Trade unions by country
Trade union federations
International comparisons
ITUC  · WFTU  · IWA






Strike actions
Chronological list of strikes
General strike  · Sympathy strike
Sitdown strike  · Work-to-rule






Academic disciplines
Labor in economics
Labor history
Industrial relations  · Labor law





v   •   d   •   e



Main article: History of labour law
Labour law arose due to the demands for workers for better conditions, the right to organize, and the simultaneous demands of employers to restrict the powers of workers' many organizations and to keep labour costs low. Employers' costs can increase due to workers organizing to win higher wages, or by laws imposing costly requirements, such as health and safety or equal opportunities conditions. Workers' organizations, such as trade unions , can also transcend purely industrial disputes, and gain political power - which some employers may oppose. The state of labour law at any one time is therefore both the product of, and a component of, struggles between different interests in society.
Contract of employment
Main articles: Employment contract and At-will employment
The basic feature of labour law in almost every country is that the rights and obligations of the worker and the employer between one another are mediated through the contract of employment between the two. This has been the case since the collapse of feudalism and is the core reality of modern economic relations. Many terms and conditions of the contract are however implied by legislation or common law, in such a way as to restrict the freedom of people to agree to certain things to protect employees, and facilitate a fluid labour market. In the U.S. for example, majority of state laws allow for employment to be "at will", meaning the employer can terminate an employee from a position for any reason, so long as the reason is not an illegal reason, including a termination in violation of public policy. [ 1 ]
One example in many countries [ 2 ] is the duty to provide written particulars of employment with the essentialia negotii ( Latin for essential terms) to an employee. This aims to allow the employee to know concretely what to expect and is expected; in terms of wages, holiday rights, notice in the event of dismissal, job description and so on. An employer may not legally offer a contract in which the employer pays the worker less than a minimum wage. An employee may not for instance agree to a contract which allows an employer to dismiss them unfairly. There are certain categories that people may simply not agree to because they are deemed categorically unfair. However, this depends entirely on the particular legislation of the country in which the work is. [ 3 ]
Minimum wage
Main article: Minimum wage
There may be law stating the minimum amount that a worker can be paid per hour. Australia, Belgium, Canada, China, France, Greece, Hungary, India, Ireland, Japan, Korea, Luxembourg, the Netherlands, New Zealand, Paraguay, Portugal, Poland, Romania, Spain, Taiwan, the United Kingdom, the United States and others have laws of this kind. The minimum wage is usually different from the lowest wage determined by the forces of supply and demand in a free market , and therefore acts as a price floor . Each country sets its own minimum wage laws and regulations, and while a majority of industrialized countries has a minimum wage, many developing countries have not.
Minimum wages are regulated and stipulated also in some countries that lack specific laws. In Sweden, for instance, minimum wages are negotiated between the labour market parties (unions and employer organisations) through collective agreements that also cover non-union workers and non-organised employers.
Minimum wage laws were first introduced nationally in the United States in 1938, [ 4 ] India in 1948, France in 1950, [ 5 ] and in the United Kingdom in 1998. [ 6 ] In the European Union , 18 out of 25 member states currently have national minimum wages. [ 7 ]
Working time
See also: Eight-hour day
Before the Industrial Revolution , the workday varied between 11 and 14 hours. With the growth of industrialism and the introduction of machinery, longer hours became far more common, with 14–15 hours being the norm, and 16 not at all uncommon. Use of child labour was commonplace, often in factories. In England and Scotland in 1788, about two-thirds of persons working in the new water-powered textile factories were children. [ 8 ] The eight-hour movement 's struggle finally led to the first law on the length of a working day, passed in 1833 in England, limiting miners to 12 hours, and children to 8 hours. The 10-hour day was established in 1848, and shorter hours with the same pay were gradually accepted thereafter. The 1802 Factory Act was the first labour law in the UK.
After England, Germany was the first European country to pass labour laws; Chancellor Bismarck 's main goal being to undermine the Social Democratic Party of Germany (SPD). In 1878, Bismarck instituted a variety of anti-socialist measures, but despite this, socialists continued gaining seats in the Reichstag . The Chancellor, then, adopted a different approach to tackling socialism . To appease the working class, he enacted a variety of paternalistic social reforms, which became the first type of social security . The year 1883 saw the passage of the Health Insurance Act, which entitled workers to health insurance; the worker paid two-thirds, and the employer one-third, of the premiums. Accident insurance was provided in 1884, while old age pensions and disability insurance were established in 1889. Other laws restricted the employment of women and children. These efforts, however, were not entirely successful; the working class largely remained unreconciled with Bismarck's conservative government.
In France, the first labour law was voted in 1841. However, it limited only under-age miners' hours, and it was not until the Third Republic that labour law was effectively enforced, in particular after Waldeck-Rousseau 1884 law legalizing trade unions . With the Matignon Accords , the Popular Front (1936–38) enacted the laws mandating 12 days (2 weeks) each year of paid vacations for workers and the law limiting to 40 hours the workweek (outside of overtime).

Lochner v. New York , 198 U.S. 45 (1905), a notorious, and now defunct case by the US Supreme Court that regulation of working time (for bakeries) to limit workers to a 10 hour day.

Health and safety
Main article: Occupational safety and health
Other labour laws involve safety concerning workers. The earliest English factory law was drafted in 1802 and dealt with the safety and health of child textile workers.
Anti-discrimination
Main article: Anti-discrimination law
This clause means that discrimination against employees is morally unacceptable and illegal, on a variety of grounds, in particular racial discrimination or sexist discrimination .
Unfair dismissal
Main articles: Unfair dismissal , Wrongful dismissal , and At-will employment
Convention no. 158 of the International Labour Organisation states that an employee "can't be fired without any legitimate motive" and "before offering him the possibility to defend himself". Thus, on April 28, 2006, after the unofficial repeal of the French First Employment Contract (CPE), the Longjumeau ( Essonne ) conseil des prud'hommes (labour law court) judged the New Employment Contract (CNE) contrary to international law , and therefore "illegitimate" and "without any juridical value". The court considered that the two-years period of "fire at will" (without any legal motive) was "unreasonable", and contrary to convention no. 158, ratified by France. [ 9 ] [ 10 ]
Child labour
Main article: Child labour




Two girls wearing banners in Yiddish and English with the slogan "Abolish child slavery!!" at the 1909 May Day parade in New York City


Child labour is the employment of children under an age determined by law or custom. This practice is considered exploitative by many countries and international organizations. Child labour was not seen as a problem throughout most of history, only becoming a disputed issue with the beginning of universal schooling and the concepts of labourers' and children's rights . Child labour can be factory work, mining or quarrying, agriculture, helping in the parents' business, having one's own small business (for example selling food), or doing odd jobs. Some children work as guides for tourists , sometimes combined with bringing in business for shops and restaurants (where they may also work as waiters). Other children are forced to do tedious and repetitive jobs such as assembling boxes, or polishing shoes. However, rather than in factories and sweatshops , most child labour occurs in the informal sector, "selling on the street, at work in agriculture or hidden away in houses — far from the reach of official inspectors and from media scrutiny." [ 11 ]
Collective labour law
Collective labour law concerns the tripartite relationship between employer, employee and trade unions . Trade unions, sometimes called "labour unions"
Trade unions
Main article: Trade union
Some countries require unions to follow particular procedures before taking certain actions. For example, some countries require that unions ballot the membership to approve a strike or to approve using members' dues for political projects. Laws may guarantee the right to join a union (banning employer discrimination), or remain silent in this respect. Some legal codes may allow unions to place a set of obligations on their members, including the requirement to follow a majority decision in a strike vote. Some restrict this, such as the ' right to work ' legislation in some of the United States.
Strikes
Main article: Strike action




Strikers gathering in Tyldesley in the 1926 General Strike in the U.K.


Strike action is the weapon of the workers most associated with industrial disputes, and certainly among the most powerful. In most countries, strikes are legal under a circumscribed set of conditions. Among them may be that:

The strike is decided on by a prescribed democratic process. ( Wildcat strikes are illegal).
Sympathy strikes , against a company by which workers are not directly employed, may be prohibited.
General strikes may be forbidden by a public order .
Certain categories of person may be forbidden to strike (airport personnel, health personnel, teachers, police or firemen, etc.)
Strikes may be pursued by people continuing to work, as in Japanese strike actions which increase productivity to disrupt schedules, or in hospitals.

A boycott is a refusal to buy, sell, or otherwise trade with an individual or business who is generally believed by the participants in the boycott to be doing something morally wrong. Throughout history, workers have used tactics such as the go-slow , sabotage , or just not turning up en-masse to gain more control over the workplace environment, or simply have to work less [2] . Some labour law explicitly bans such activity, none explicitly allows it.
Pickets
Main article: Picketing (protest)
Picketing is a tactic which is often used by workers during strikes. They may congregate outside the business they are striking against to make their presence felt, increase worker participation, and dissuade (or prevent) strike breakers from entering the workplace. In many countries, this activity is restricted by labour law, by more general law restricting demonstrations, or sometimes by injunctions on particular pickets. For example, labour law may restrict secondary picketing (picketing a business not directly connected with the dispute, such as a supplier of materials), or flying pickets (mobile strikers who travel to join a picket). There may be laws against obstructing others from going about their lawful business ( scabbing , for example, is lawful); making obstructive pickets illegal, and, in some countries, such as Britain, there may be court orders made from time to time against pickets being in particular places or behaving in particular ways (shouting abuse, for example).
Workplace involvement
Main article: Industrial democracy
Workplace consolation statutes exist in many countries, requiring that employers consult their workers on issues that concern their place in the company. Industrial democracy refers to the same idea, but taken much further. Not only that workers should have a voice to be listened to, but that workers have a vote to be counted.
Co-determination
Main articles: Co-determination and Industrial democracy
Originating in Germany, some form of co-determination (or Mitbestimmung ) procedure is practiced in countries across continental Europe, such as Holland and the Czech Republic, as well as Scandinavian countries (e.g. Sweden). This involves the rights of workers to be represented on the boards of companies for whom they work. The German model involves half the board of directors being appointed by the company trade union. However, German company law uses a split board system, with a 'supervisory board' ( Aufsichtsrat ) which appoints an 'executive board' ( Vorstand ). Shareholders and unions elect the supervisory board in equal number, except that the head of the supervisory board is, under co-determination law, a shareholder representative. While not gaining complete parity, there has been solid political consensus since the Helmut Schmidt social democrat government introduced the measure in 1976.
In the United Kingdom, the similar proposals were drawn up, and a command paper produced named the Bullock Report (Industrial democracy) . This was released in 1977 by the James Callaghan Labour government. This proposal involved a similar split on the board, but its effect would have been even more radical. Because British company law requires no split in the boards of directors, unions would have directly elected the management of the company. Furthermore, rather than giving shareholders the slight upper hand as happened in Germany, a debated 'independent' element would be added to the board, reaching the formula 2x + y. However, no action was ever taken as the UK slid into the winter of discontent . This tied into the European Commission's proposals for worker participation in the 'fifth company law directive', which was also never implemented.
In Sweden, this is regulated through the 'Law on board representation' (Lagen om styrelserepresentation). The law covers all private companies with 25 or more employees. In these companies, workers (usually through unions) have a right to appoint two board members and two substitutes. If the company has more than 1,000 employees, three members and three substitutes are appointed by workers/unions. It is common practice that seats are divided between representatives from the major union coalitions.
International labour law
One of the crucial concerns of workers and those who believe that labour rights are important [ who? ] , is that in a globalizing economy, common social standards ought to support economic development in common markets. However, there is nothing in the way of international enforcement of labour rights, with the notable exception of labour law within the European Union. At the Doha round of trade talks through the World Trade Organization one of the items for discussion was the inclusion of some kind of minimum standard of worker protection. The chief question is whether, with the breaking down of trade barriers in the international economy, while this can benefit consumers it can also make the ability of multinational companies to bargain down wage costs even greater, in wealthier Western countries and developing nations alike. The ability of corporations to shift their supply chains from one country to another with relative ease could be the starting gun for a "regulatory race to the bottom", whereby nation states are forced into a merciless downward spiral, not only slashing tax rates and public services with it but also laws that in the short term cost employers money. Countries are forced to follow suit, on this view, because should they not foreign investment will dry up, move places with lower "burdens" and leave more people jobless and poor. This argument is by no means uncontested. The opposing view [ who? ] suggests that free competition for capital investment between different countries increases the dynamic efficiency of the market place. Faced with the discipline that markets enforce, countries are incentivized to invest in education, training, and skills in their workforce to obtain a comparative advantage . Government initiative is spurred, because rational long term investment will be perceived as the better choice to increasing regulation. This theory concludes that an emphasis on deregulation is more beneficial than not. That said, neither the International Labor Organization (see below), nor the European Union takes this view.
International Labor Organization
Main article: International Labor Organization
The International Labor Organization (ILO), whose headquarters are in Geneva, is one of the oldest surviving international bodies, and the only surviving international body set up at the time of the League of Nations following the First World War. Its guiding principle is that "labour is not a commodity" to be traded in the same way as goods, services or capital, and that human dignity demands equality of treatment and fairness in dealing within the workplace. [ 12 ] The ILO has drawn up numerous conventions on what ought to be the labor standards adopted by countries party to it. Countries are then obliged to ratify the Conventions in their own national law. However, there is no enforcement of this, and in practice most conventions are not agreed to, even if they are adhered to.
European labour law
Main article: European labour law
The European Working Time Directive limited the maximum length of a working week to 48 hours in 7 days, and a minimum rest period of 11 hours in each 24 hours. Like all EU Directives , this is an instrument which requires member states to enact its provisions in national legislation. Although the directive applies to all member states, in the UK it is possible to "opt out" of the 48 hour working week to work longer hours. In contrast, France has passed more strict legislation, limiting the maximum working week to 35 hours (but optional hours are still possible). The controversial Directive on services in the internal market (aka " Bolkestein Directive") was then passed in 2006. [ citation needed ]
National labour law
Australian labour law
Main article: Australian labour law



This section requires expansion .


British labour law
Main article: British labour law
The Factory Acts (first one in 1802, then 1833) and the 1832 Master and Servant Act were the first laws regulating labour relations in the United Kingdom . The vast majority of employment law before 1960 was based upon the Law of Contract. Since then there has been a significant expansion primarily due to the "equality movement" [ citation needed ] and the European Union. [ citation needed ] There are three sources of Law: Acts of Parliament called Statutes, Statutory Regulations (made by a Secretary of State under and Act of Parliament) and Case Law (developed by various Courts).
The first significant modern day Employment Law Act was the Equal Pay Act of 1970 although as it was a somewhat radical concept it did not come into effect until 1972. This act was introduced as part of a concerted effort to bring about equality for women in the workplace. Since the election of the Labour Government in 1997, there have been many changes in UK employment law. These include enhanced maternity and paternity rights, the introduction of a National Minimum Wage and the Working Time Directive which covers working time, rest breaks and the right to paid annual leave. Discrimination law has also been tightened, with protection from discrimination now available on the grounds of age, religion or belief and sexual orientation as well as gender, race and disability.
Canadian labour law
Main article: Canadian labour and employment law
In Canadian law, 'labour law' refers to matters connected with unionized workplaces, while 'employment law' deals with non-unionised employees.
Chinese labour law
Main article: Chinese labour law
Labour Law in the People's Republic of China has become a very hot issue with the soaring numbers of factories and the fast pace of urbanization . The basic labour laws are the Labour Law of People's Republic of China (promulgated on 5 July 1994) and the Law of the People's Republic of China on Employment Contracts (Adopted at the 28th Session of the Standing Committee of the 10th National People's Congress on June 29, 2007, Effective from January 1, 2008). The administrative regulations enacted by the State Council, the ministerial rules and the judicial explanations of the Supreme People's Court stipulate detailed rules concerning the various aspects of the employment relationship. Labour Union in China is controlled by the government through the All China Federation of Trade Unions , which is also the sole legal labour union in Mainland China. Strike is formally legal, but in fact is strictly forbidden.
French labour law
In France the first labour laws were Waldeck Rousseau 's laws passed in 1884. Between 1936 and 1938 the Popular Front enacted a law mandating 12 days (2 weeks) each year of paid vacation for workers, and a law limiting the work week to 40 hours, excluding overtime. The Grenelle accords negotiated on May 25 and 26th in the middle of the May 1968 crisis, reduced the working week to 44 hours and created trade union sections in each enterprise. [ 13 ] The minimum wage was also increased by 25%. [ 14 ] In 2000 Lionel Jospin 's government then enacted the 35-hour workweek , down from 39 hours. Five years later, conservative prime minister Dominique de Villepin enacted the New Employment Contract (CNE). Addressing the demands of employers asking for more flexibility in French labour laws, the CNE sparked criticism from trade unions and opponents claiming it was lending favour to contingent work . In 2006 he then attempted to pass the First Employment Contract (CPE) through a vote by emergency procedure, but that it was met by students and unions' protests . President Jacques Chirac finally had no choice but to repeal it.
German labour law
Main article: German labour law
Indian labour law
Main article: Indian labour law
Iranian labour law
Main article: Iranian labour law



This section requires expansion .


Japanese labour law
Main article: Japanese employment law
Mexican labour law
Main article: Mexican labor law
Mexican labor law governs the process by which workers in Mexico may organize labor unions, engage in collective bargaining, and strike. Current labor law reflects the historic interrelation between the state and the Confederation of Mexican Workers, the labor confederation officially aligned with the Institutional Revolutionary Party (the Institutional Revolutionary Party, or PRI), which ruled Mexico under various names for more than seventy years. While the law, on its face, promises workers the right to strike and to organize, in practice it makes it difficult or impossible for independent unions to organize while condoning the corrupt practices of many existing unions and the employers with which they deal.
Swedish labour law
Swedish labour law is from an international perspective comparatively 'thin'. This is because many of the issues and areas that in other countries are regulated through state or federal law, e.g. working hours, minimum wage and right to overtime copmensation, in Sweden instead are regulated through collective agreements between trade union and employer organisation representatives.
United States labor law
Main article: United States labor law




An American builder


The Wages and Hours Act of 1938 set the maximum standard work week to 44 hours, and in 1950 this was reduced to 40 hours. The green cards entitle legal immigrants to work just like US citizens, without requirement of work permits . Despite the 40-hour standard maximum work week , some lines of work require more than 40-hours to complete the tasks of the job. For example, if you prepare agricultural products for market you can work over 72 hours a week, if you want to, but you cannot be required to. If you harvest products you must get a period of 24 hours off after working up to 72 hours in a seven-day period. There are exceptions to the 24 hours break period for certain harvesting employees, like those involved in harvesting grapes, tree fruits and cotton. Professionals, clerical (administrative assistants), technical, and mechanical employees cannot be terminated for refusing to work more than 72 hours in a work week.
The Fifth and Fourteenth Amendments of the United States Constitution limit the power of the federal and state governments to discriminate . The private sector is not directly constrained by the Constitution. The Fifth Amendment has an explicit requirement that the Federal Government not deprive individuals of "life, liberty, or property", without due process of the law and an implicit guarantee that each person receive equal protection of the laws. The Fourteenth Amendment explicitly prohibits states from violating an individual's rights of due process and equal protection . Equal protection limits the State and Federal governments' power to discriminate in their employment practices by treating employees, former employees, or job applicants unequally because of membership in a group, like a race, religion or sex. Due process protection requires that employees have a fair procedural process before they are terminated if the termination is related to a "liberty", like the right to free speech , or a property interest.
The Age Discrimination in Employment Act of 1967 prohibits employment discrimination based on age with respect to employees 40 years of age or older. This Act was created to promote employment of older persons based on their ability rather than age; to prohibit arbitrary age discrimination in employment; to help employers and workers find ways of meeting problems arising from the impact of age on employment because in the face of rising productivity and affluence, older workers find themselves disadvantaged in their efforts to retain employment, and especially to regain employment when displaced from jobs; the setting of arbitrary age limits regardless of potential for job performance has become a common practice, and certain otherwise desirable practices may work to the disadvantage of older persons; the incidence of unemployment, especially long-term unemployment with resultant deterioration of skill, morale, and employer acceptability is, relative to the younger ages, high among older workers; their numbers are great and growing; and their employment problems grave; and the existence in industries affecting commerce, of arbitrary discrimination in employment because of age, burdens commerce and the free flow of goods in commerce.
Title VII of the Civil Rights Act is the principal federal statute with regard to employment discrimination prohibiting unlawful employment discrimination by public and private employers, labor organizations , training programs and employment agencies based on race or color, religion, sex, and national origin. Retaliation is also prohibited by Title VII against any person for opposing any practice forbidden by statute, or for making a charge, testifying, assisting, or participating in a proceeding under the statute. The Civil Rights Act of 1991 expanded the damages available to Title VII cases and granted Title VII plaintiffs the right to jury trial.
The National Labor Relations Act , enacted in 1935 as part of the New Deal legislation, guarantees workers the right to form unions and engage in collective bargaining. This legislation and its subsequent amendments are also key elements of U.S. labor law.
See also




Organized Labour portal




Collective bargaining
Contingent work
Labour market flexibility
Industrial relations
Journal of Individual Employment Rights
Legal working age and child labour
Labour movement
Master and Servant Act
Right-to-work law
Social security
Sweat shops
Unfair labor practice
Union Organizer
Vicarious liability
Weekends
WorkChoices
Workplace Fairness

OSHA


p>The Occupational Safety and Health Act is the primary federal law which governs occupational health and safety in the private sector and federal government in the United States . It was enacted by Congress in 1970 and was signed by President Richard Nixon on December 29, 1970. [ 1 ] Its main goal is to ensure that employers provide employees with an environment free from recognized hazards, such as exposure to toxic chemicals, excessive noise levels, mechanical dangers, heat or cold stress, or unsanitary conditions.
The Act can be found in the United States Code at title 29, chapter 15.




Contents


1 History of federal workplace safety legislation
2 Passage of the OSH Act
3 Description of the OSH Act
4 Notes
5 See also
6 External links





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History of federal workplace safety legislation
Efforts by the U.S. federal government to ensure workplace health and safety were minimal until the passage of OSHA. [ 1 ] The American system of mass production encouraged the use of machinery, while the statutory regime did nothing to protect workplace safety. For most employers, it was cheaper to replace a dead or injured worker than it was to introduce safety measures. [ 2 ] [ 3 ] [ 4 ] Tort law provided little recourse for relief for the survivors of dead workers or for injured employees. [ 5 ] After the Civil War , some improvements were made through the establishment of state railroad and factory commissions, the adoption of new technology (such as the air brake ), and more widespread availability of life insurance . But the overall impact of these improvements was minimal. [ 4 ]
The first federal safety legislation was enacted in the Progressive period . In 1893, Congress passed the Safety Appliance Act , the first federal statute to require safety equipment in the workplace (the law applied only to railroad equipment, however). [ 4 ] In 1910, in response to a series of highly-publicized and deadly mine explosions and collapses, Congress established the federal Bureau of Mines to conduct research into mine safety (although the Bureau had no authority to regulate mine safety). [ 6 ] Backed by trade unions , many states also enacted workers' compensation laws which discouraged employers from permitting unsafe workplaces. [ 5 ] These laws, as well as the growing power of labor unions and public anger toward poor workplace safety, led to significant reductions in worker accidents for a time. [ 4 ]
Industrial production increased significantly in the United States during World War II , and industrial accidents soared. Winning the war took precedence over safety, and most labor unions were more concerned with maintaining wages in the face of severe inflation than with workplace health and safety. [ 7 ] After the war ended, however, workplace accident rates remained high and began to rise. In the two years preceding OSHA's enactment, 14,000 workers died each year from workplace hazards, and another 2 million were disabled or harmed. [ 8 ] Additionally, the " chemical revolution " introduced a vast array of new chemical compounds to the manufacturing environment. The health effects of these chemicals were poorly understood, and workers received few protections against prolonged or high levels of exposure. [ 1 ] [ 9 ] While a few states, such as California and New York, had enacted workplace safety as well as workplace health legislation, most states had not changed their workplace protection laws since the turn of the century. [ 10 ]
Passage of the OSH Act
In the mid-1960s, growing awareness of the environmental impact of many chemicals had led to a politically powerful environmental movement . Some labor leaders seized on the public's growing unease over chemicals in the environment, arguing that the effect of these compounds on worker health was even worse than the low-level exposure plants and animals received in the wild. [ 11 ] [ 12 ] On January 23, 1968, President Lyndon B. Johnson submitted a comprehensive occupational health and safety bill to Congress. [ 1 ] Led by the United States Chamber of Commerce and the National Association of Manufacturers , the legislation was widely opposed by business. [ 13 ] Many labor leaders, including the leadership of the AFL-CIO , did not fight for the legislation, claiming workers had little interest in the bill. [ 13 ] The legislation died in committee. [ 7 ]
On April 14, 1969, President Richard Nixon introduced two bills into Congress which would have also protected worker health and safety. [ 7 ] The Nixon legislation was much less prescriptive than the Johnson bill, and workplace health and safety regulation would be advisory rather than mandatory. [ 1 ] However, Representative James G. O'Hara and Senator Harrison A. Williams introduced a much stricter bill similar to the Johnson legislation of the year before. [ 7 ] Companion legislation introduced in the House also imposed an all-purpose "general duty" clause on the enforcing agency as well. [ 7 ] With the stricter approach of the Democratic bill apparently favored by a majority of both chambers, [ 7 ] and unions now strongly supporting a bill, [ 11 ] [ 12 ] Republicans introduced a new, competing bill. [ 7 ] The compromise bill established the independent research and standard-setting board favored by Nixon, while creating a new enforcement agency. The compromise bill also gave the Department of Labor the power to litigate on the enforcement agency's behalf (as in the Democratic bill). [ 7 ] In November 1970, both chambers acted: The House passed the Republican compromise bill, while the Senate passed the stricter Democratic bill (which now included the general duty clause). [ 7 ] A conference committee considered the final bill in early December 1970. Union leaders pressured members of the conference committee to place the standard-setting function in the Department of Labor rather than an independent board. In return, unions agreed to let an independent review commission have veto power over enforcement actions. [ 13 ] Unions also agreed to removal of a provision in the legislation which would have let the Secretary of Labor shut down plants or stop manufacturing procedures which put workers in "imminent danger" of harm. [ 13 ] In exchange for a Republican proposal to establish an independent occupational health and safety research agency, Democrats won inclusion of the "general duty" clause and the right for union representatives to accompany a federal inspector during inspections. [ 13 ] The conference committee bill passed both chambers on December 17, 1970, and President Nixon signed the bill on December 20, 1970. [ 7 ]
The Act went into effect on April 28, 1971 (now celebrated as Workers' Memorial Day by American labor unions). [ 14 ] [ 15 ]
Description of the OSH Act
In passing the Act, Congress declared its intent "to assure so far as possible every working man and woman in the Nation safe and healthful working conditions and to preserve our human resources." [ 16 ]
The Act created the Occupational Safety and Health Administration (OSHA), an agency of the Department of Labor. OSHA was given the authority to both set and enforce workplace health and safety standards. [ 1 ] The Act also created the independent Occupational Health and Safety Review Commission to review enforcement priorities, actions and cases. [ 1 ]
Act also established the National Institute of Occupational Safety and Health (NIOSH), an independent research institute in the then- Centers for Disease Control . [ 1 ]
The Act defines an employer to be any "person engaged in a business affecting commerce who has employees, but does not include the United States or any state or political subdivision of a State." The Act applies to employers as diverse as manufacturers, construction companies, law firms, hospitals, charities, labor unions and private schools. Churches and other religious organizations are covered if they employ workers for secular purposes. The Act excludes the self-employed, family farms, workplaces covered by other federal laws (such as mining, nuclear weapons manufacture, railroads and airlines) and state and local governments (unless state law permits otherwise). The Act does cover federal agencies, as well as the United States Postal Service . [ 17 ]
Section 5 of the Act contains the "general duty clause." The "general duty clause" requires employers to 1) Maintain conditions or adopt practices reasonably necessary and appropriate to protect workers on the job; 2) Be familiar with and comply with standards applicable to their establishments; and 3) Ensure that employees have and use personal protective equipment when required for safety and health. [ 17 ] OSHA has established regulations for when it may act under the "general duty clause." The four criteria are: 1) There must be a hazard; 2) The hazard must be a recognized hazard (e.g., the employer knew or should have known about the hazard, the hazard is obvious, or the hazard is a recognized one within the industry); 3) The hazard could cause or is likely to cause serious harm or death ; and 4) The hazard must be correctable (OSHA recognizes not all hazards are correctable). Although theoretically a powerful tool against workplace hazards, it is difficult to meet all four criteria. Therefore, OSHA has engaged in extensive regulatory rule-making to meet its obligations under the law. [ 18 ] [ 19 ]
Due to the difficulty of the rule-making process (which is governed by the Administrative Procedures Act ), OSHA has focused on basic mechanical and chemical hazards rather than procedures. Major areas which its standards currently cover are: Toxic substances, harmful physical agents, electrical hazards, fall hazards, hazards associated with trenches and digging, hazardous waste, infectious disease, fire and explosion dangers, dangerous atmospheres, machine hazards, and confined spaces. [ 17 ]
Section 8 of the Act covers reporting requirements. All employers must report to OSHA within eight hours if an employee dies from a work-related incident, or three or more employees are hospitalized as a result of a work-related incident. Additionally, all fatal on-the-job heart attacks must also be reported. Section 8 permits OSHA inspectors to enter, inspect and investigate, during regular working hours, any workplace covered by the Act. [ 17 ] Employers must also communicate with employees about hazards in the workplace. By regulation, OSHA requires that employers keep a record of every non-consumer chemical product used in the workplace. Detailed technical bulletins called material safety data sheets (MSDSs) must be posted and available for employees to read and use to avoid chemical hazards. [ 20 ] OSHA also requires employers to report on every injury or job-related illness requiring medical treatment (other than first aid ) on OSHA Form 300, "Log of Work-Related Injuries and Illnesses" (known as an "OSHA Log" or "Form 300"). An annual summary is also required and must be posted for three months, and records must be kept for at least five years. [ 21 ]
Section 11(c) of the Act prohibits any employer from discharging, retaliating or discriminating against any employee because the worker has exercised rights under the Act. These rights include complaining to OSHA and seeking an OSHA inspection, participating in an OSHA inspection, and participating or testifying in any proceeding related to an OSHA inspection. [ 17 ]
Section 18 of the Act permits and encourages states to adopt their own occupational safety and health plans, so long as the state standards and enforcement "are or will be at least as effective in providing safe and healthful employment" as the federal OSH Act. States which have such plans are known as "OSHA States." As of 2007, 22 states and territories operated complete plans and four others had plans which covered only the public sector. [ 17 ]

workers compensation lawyer


Workers' compensation (colloquially known as workers' comp in North America or compo in Australia ) is a form of insurance that provides compensation medical care for employees who are injured in the course of employment, in exchange for mandatory relinquishment of the employee's right to sue his or her employer for the tort of negligence. The tradeoff between assured, limited coverage and lack of recourse outside the worker compensation system is known as "the compensation bargain." While plans differ between jurisdictions, provision can be made for weekly payments in place of wages (functioning in this case as a form of disability insurance ), compensation for economic loss (past and future), reimbursement or payment of medical and like expenses (functioning in this case as a form of health insurance ), and benefits payable to the dependents of workers killed during employment (functioning in this case as a form of life insurance ). General damages for pain and suffering , and punitive damages for employer negligence , are generally not available in worker compensation plans.
Employees' compensation laws are usually a feature of highly developed industrial societies, implemented after long and hard-fought struggles by trade unions . Supporters of such programs believe they improve working conditions and provide an economic safety net for employees. Conversely, these programs are often criticised for removing or restricting workers' common-law rights (such as suit in tort for negligence) in order to reduce governments' or insurance companies' financial liability. These laws were first enacted in Europe and Oceania , with the United States following shortly thereafter.




Contents


1 Compensation prior to statutory law
2 Statutory compensation law

2.1 Statutory compensation in Australia

2.1.1 South Australia
2.1.2 New South Wales
2.1.3 Victoria
2.1.4 Tasmania


2.2 Workers' compensation in Brazil
2.3 Statutory compensation in Canada
2.4 Worker's compensation in Germany
2.5 Workers' compensation in the United Kingdom
2.6 Statutory compensation in the United States

2.6.1 Statutory compensation in Florida
2.6.2 Statutory compensation in New York state
2.6.3 Privatization
2.6.4 Alternate forms of statutory compensation in the United States
2.6.5 Opposition to statutory compensation in the United States




3 Workers' compensation cost containment

3.1 Cost drivers
3.2 Policies


4 Further considerations
5 See also
6 References
7 External links

7.1 Compensation agencies







//

Compensation prior to statutory law
Prior to the statutory establishment of workers' compensation, employees who were injured on the job were only able to pursue their employer through civil or tort law. [ 1 ] In the United Kingdom, the legal view of employment as a master - servant relationship required employees to prove employer malice or negligence, a high burden for employees to meet. Although employers' liability was unlimited, courts usually ruled in favor of employers, paying little attention to the full losses experienced by workers, including medical costs, lost wages, and loss of future earning capacity.
Statutory compensation law
Statutory compensation law provides advantages to employees and employers. A schedule is drawn out to state the amount and forms of compensation to which an employee is entitled, if he/she has sustained the stipulated kinds of injuries. Employers can buy insurance against such occurrences. However, the specific form of the statutory compensation scheme may provide detriments. Statutes often award a set amount based on the types of injury. These payments are based on the ability of the worker to find employment in a partial capacity: a worker who has lost an arm can still find work as a proportion of a fully-able person. This does not account for the difficulty in finding work suiting disability . When employers are required to put injured staff on "light-duties" the employer may simply state that no light duty work exists, and sack the worker as unable to fulfill specified duties. When new forms of workplace injury are discovered, for instance: stress, repetitive strain injury , silicosis ; the law often lags behind actual injury and offers no suitable compensation, forcing the employer and employee back to the courts (although in common-law jurisdictions these are usually one-off instances). Finally, caps on the value of disabilities may not reflect the total cost of providing for a disabled worker. The government may legislate the value of total spinal incapacity at far below the amount required to keep a worker in reasonable living conditions for the remainder of his life.
A related issue is that the same physical loss can have a markedly different impact on the earning capacity of individuals in different professions. For instance, the loss of a finger could have a moderate impact on a banker's ability to do his or her job, but the same injury would totally ruin a pianist.
Statutory compensation in Australia
As Australia experienced a relatively influential labour movement in the late 19th and early 20th century, statutory compensation was implemented very early in Australia.
South Australia
In South Australia legislation was enacted in 1986 called the Workers Rehabilitation and Compensation Act . The WorkCover Corporation of South Australia WorkCoverSA have the responsibility for administering the Act.
New South Wales
In NSW, workers compensation is governed by the Worker's Compensation Act 1987. WorkCover NSW is a statutory authority within the portfolio of the Minister for Finance. Its primary objective is to work in partnership with the NSW community to achieve safe workplaces, effective return to work and security for injured workers. [ 2 ]
Victoria
Workers Compensation is managed in Victoria by WorkSafe Victoria " which has the role of managing Victoria's workplace safety system. The responsibilities broadly are help employees avoid workplace injuries occurring, enforcement of Victoria's occupational health and safety laws, provision of reasonably priced workplace injury insurance for employers, assisting injured workers back into the workforce and managing the workers' compensation scheme by ensuring the prompt delivery of appropriate services and adopting prudent financial practices. [ 3 ]
Tasmania
Tasmania's Workers Compensation system is managed by WorkCover Tasmaia which takes its role seriously in Workers Compensation. It monitors and ensures safety and prevention including producing publications, education seminars, assists businesses with an advisory service, oversees the accreditation of medical practitioners, ensures that employees are insured and licensed and also promotes special events. [ 4 ]
Workers' compensation in Brazil
Welfare (called Instituto Nacional do Seguro Social - INSS) is the social insurance for those who contribute. It is a public institution that aims to recognize and grant rights to its policyholders. The amount transferred by Welfare is used to replace the income of the worker taxpayer, when he loses the ability to work, by sickness, disability, age, death, involuntary unemployment, or even maternity and imprisonment. During the first 15 days worker’s salary is paid by his employers and after that by Welfare, while inability to work lasts. It is up to 75% of the workers’ wages.
The Brazilian Welfare went through several conceptual and structural changes, involving the degree of coverage, the list of benefits and how the system is financed. If one cannot work, his employer pays for the first 15 days and the Welfare pays from the 16th day on, while he is unable to work. On the other hand, if workers intend to receive compensation from their former employer, there is a time limit for filling a claim (2 years), which must be legally supported. Workers’ compensation laws are the same in the whole country and tend to be protective.
Statutory compensation in Canada
Workers' compensation was Canada 's first social program to be introduced as it was favoured by both workers' groups and employers hoping to avoid lawsuits. The system arose after an inquiry by Ontario Chief Justice William Meredith who outlined a system that workers should be compensated for workplace injuries, but that they must give up their right to sue their employers. It was introduced in the various provinces at different dates. Ontario was first in 1915, Manitoba in 1916, British Columbia in 1917. It remains a provincial responsibility and thus the exact rules vary from province to province. In some provinces, such as Ontario's Workplace Safety and Insurance Board , the programme also had a preventative role ensuring workplace safety. In British Columbia, the occupational health and safety mandate is legislated. In most provinces it remains solely concerned with insurance. It is paid by employers based on their payroll, industry sector and history of injuries (or lack thereof) in their workplace, sometimes known as "injury experience".
Worker's compensation in Germany
(Main article: Worker's compensation Germany )
The German worker's compensation law of 6 July 1884 [ 5 ] — initiated by Prince Otto von Bismarck , [ 6 ] [ 7 ] passed only after three attempts — was the first of its kind in the world. [ 8 ] Similar laws passed in Austria in 1887, Norway in 1894, and Finland in 1895. [ 9 ]
The Sickness Insurance law paid indemnity to all private wage earners and apprentices, including those who work in the agricultural and horticultural sectors and marine industries, family helpers and students with work-related injuries, for up to 13 weeks. Workers who are totally disabled get continued benefits at 67% after this 13-week period - paid by the accident funds, financed entirely by employers.
The German compensation system has been taken as a model for many nations.
Workers' compensation in the United Kingdom





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There is no comparable workers compensation scheme in the UK. An employee can pay for expensive permanent health insurance or private medical plans but the UK Government does not recognise the need for a rigid insurance scheme of the sort prevalent across the USA and a number of other countries. Work related safety issues in the UK are controlled by the Health & Safety Executive (HSE) who provide the framework by which employers and employees are able to comply with statutory rules and regulations. [ 10 ]
With the exception of the following all Employers are obliged to purchase Compulsory Employers Liability Insurance in accordance with the Employers Liability (Compulsory Insurance) Act of 1969. The current minimum Limit of Indemnity required is £5,000,000 per occurrence. Market practice is to usually provide a minimum £10,000,000 with inner limits to £5,000,000 for certain risks e.g. workers on oil rigs and acts of terrorism.
Employers who do not require Employers Liability Compulsory Insurance are:-'
• local authorities (other than Parish Councils) • joint boards or committees whose members include members of local authorities • police authorities • nationalised industries or their subsidiaries • certain bodies which are financed out of public funds • employers of crews on offshore installations, ships or hovercraft, if they are covered instead with a mutual insurance association of ship owners or ship owners and others • a health service body or NHS Trust
“Employees” are defined as anyone who has entered into or works under a contract of service or apprenticeship with an employer. The contract may be for manual labour, clerical work or otherwise, it may be written or verbal and it may be for full time or part time work.
'Persons who are not classed as employees and, therefore, are exempt are:-
• persons who are not employees (for example independent contractors who are not the employees of the person engaging them) • people employed in any activity which is not a business (e.g. domestic servants) • people who are related to the employer - husband, wife, father, mother, grandfather, grandmother, stepfather, stepmother, son, daughter, grandson, granddaughter, stepson, stepdaughter, brother sister, half-brother or half-sister • people who are not normally resident in Great Britain and who are working here for fewer than 14 consecutive days.
Employers need to establish that their employer has a legal liability to pay compensation. This will principally be a breach of a statutory duty or under the tort of negligence. In the event that the Employer is insolvent or no longer in existence Compensation can be sought directly from the Insurer under the terms of the Third Party Rights Against Insurers Act of 1930.

History: see: Workmen's Compensation Act 1897 && following
Statutory compensation in the United States
In 1855, Georgia and Alabama passed Employer Liability Acts; 26 other states passed similar acts between 1855-1907. These acts simply permitted injured employees to sue the employer and then prove a negligent act or omission. [ 11 ] [ 12 ] (A similar scheme was birthed in Britain's 1880 Act. [ 13 ] )
After Germany's 1884 Act , workers' compensation laws began to be reformed to reduce the need for litigation , and to mitigate the requirement that injured workers prove their injuries were their employer's "fault". For example, The 1897 British Act replaced the 1880 Act.
In the US, the first state such worker's compensation law was passed in Maryland in 1902, and the first law covering federal employees was passed in 1906. [ 14 ] (See: FELA , 1908; FECA , 1916; Kern , 1918.) By 1949, all states had enacted some kind of workers' compensation regime. [ 15 ] Such schemes were originally known as "workman's compensation," but today, most jurisdictions have adopted the term "workers' compensation" as a gender-neutral alternative.
In the United States, most employees who are injured on the job have an absolute right to medical care for any injury, and in many cases, monetary payments to compensate for resulting temporary or permanent disabilities. Most employers are required to subscribe to insurance for workers' compensation, and an employer who does not may have financial penalties imposed. In many states, there are public uninsured employer funds to pay benefits to workers employed by companies who illegally fail to purchase insurance. Insurance policies are available to employers through commercial insurance companies: if the employer is deemed an excessive risk to insure at market rates, it can obtain coverage through an assigned-risk program.
Workers' compensation is administered on a state-by-state basis , with a state governing board overseeing varying public/private combinations of workers compensation systems. [ 16 ] The federal government has its own workers' compensation program, subject to its own requirements and statutory parameters for federal employees. In the vast majority of states, workers' compensation is solely provided by private insurance companies. 12 states operate a state fund (which serves as a model to private insurers and insures state employees), and a handful have state-owned monopolies. To keep the state funds from crowding out private insurers, they are generally required to act as assigned-risk programs or insurers of last resort, and they can only write workers' compensation policies. In contrast, private insurers can turn away the worst risks and can write comprehensive insurance packages covering general liability, natural disasters, and so on. Of the 12 state funds, the largest is California 's State Compensation Insurance Fund . The federal government pays its workers' compensation obligations for its own employees through regular appropriations.
The California Constitution, Article XIV section 4, sets forth the intent of the people to establish a system of workers' compensation. This section provides the Legislature with the power to create and enforce a complete system of workers' compensation and, in that behalf, create and enforce a liability on the part of any or all employers to compensate any or all of their employees for injury or disability, and their dependents, for death incurred or sustained by said employees in the course of their employment, irrespective of the fault of any employee. Further, the Constitution provides that the system must accomplish substantial justice in all cases expeditiously, inexpensively, and without incumbrance of any character. It was the intent of the people of California when they voted to amend the state constitution in 1918, to require the Legislature to establish a simple system that guaranteed full provision for adequate insurance coverage against liability to pay or furnish compensation. Providing a full provision for regulating such insurance coverage in all its aspects, including the establishment and management of a State compensation insurance fund; full provision for otherwise securing the payment of compensation; and full provision for vesting power, authority and jurisdiction in an administrative body with all the requisite governmental functions to determine any dispute or matter arising under such legislation, in that the administration of such legislation accomplish substantial justice in all cases expeditiously, inexpensively, and without incumbrance of any character. All of which matters is the people expressly declared to be the social public policy of this State, binding upon all departments of the State government. [ 17 ]
It is illegal in most states for an employer to terminate or refuse to hire an employee for having reported a workplace injury or filed a workers' compensation claim. However, it is often not easy to prove discrimination on the basis of the employee's claims history. To abate discrimination of this type, some states have created a "subsequent injury trust fund" which will reimburse insurers for benefits paid to workers who suffer aggravation or recurrence of a compensable injury. It is also suggested that laws should be made to prohibit inclusion of claims history in databases or to make it anonymous. (See privacy laws .)
Employees may not falsely claim benefits. There have been instances where the sub rosa videos recorded by private investigators show employees engaging in sports or other strenuous physical activities, although the employees allegedly suffered disability or injury. [ citation needed ] . Such evidence may not be admissible at a trial, if it is found that the taping infringed on the employees' reasonable expectation of privacy. [ citation needed ]
Some employers vigorously contest employee claims for workers' compensation payments. In any contested case, or in any case involving serious injury, a lawyer with specific experience in handling workers' compensation claims on behalf of injured workers should be consulted. Laws in many states limit a claimant's legal expenses to a certain fraction of an award; such "contingency fees" are payable only if the recovery is successful. In some states this fee can be as high as 40% or as little as 11% of the monetary award recovered, if any. [ citation needed ]
In the vast majority of states, original jurisdiction over workers' compensation disputes has been transferred by statute from the trial courts to special administrative agencies. [ citation needed ] Within such agencies, disputes are usually handled informally by administrative law judges . Appeals may be taken to an appeals board and from there into the state court system. However, such appeals are difficult and are regarded skeptically by most state appellate courts, because the point of workers' compensation was to reduce litigation. A few states still allow the employee to initiate a lawsuit in a trial court against the employer. Ohio allows appeals to go before a jury. [ 18 ]
Various organizations focus resources on providing education and guidance to workers' compensation administrators and adjudicators in various state and national workers' compensation systems. These include the American Bar Association (ABA), the International Association of Industrial Boards and Commissions (IAIBC), and the National Association of Workers' Compensation Judiciary (NAWCJ).
Statutory compensation in Florida
Florida workers’ compensation (WC) is a statutory program defined primarily by Chapter 440 Florida Statutes. Florida WC provides two primary benefits to workers with work-related injuries or illnesses. Medical care is defined by F.S. 440.13. Medical benefits may be delivered through a “managed care” plan, at the option of the employer. Indemnity, or “income replacement,” benefits are defined by F.S. 440.15. Indemnity is divided into “temporary” and “permanent.” These are expressions of “duration.” Each duration measure is subdivided into “partial” and “total” disability. These are expressions of “extent.” Indemnity is therefore potentially available for “temporary total,” “temporary partial,” “permanent partial,” and “permanent total.” Governmental oversight responsibility for the system is divided between the Division of Workers’ Compensation (DWC) and the Office of the Judges of Compensation Claims (OJCC). The DWC is part of the Department of Financial Services (DFS) and regulates the reporting of workplace injuries and illnesses. Insurance companies and self-insured employers are obligated to report claim information to the DWC thereafter. Examples of required data submissions include payment of medical bills, inception and cessation of indemnity benefits, and closure of the claim. The DWC also provides advice and assistance to injured workers through the Ombudsman or “Employee Assistance Office,” commonly called the “EAO.”
The OJCC is an independent agency within the Division of Administrative Hearings (DOAH). An injured worker seeking benefits that are not administratively provided by the employer or its insurance carrier may seek an order from the OJCC compelling provision of that benefit(s). The request is made in the form of a “petition for benefits” or “PFB,” which is defined in F.S. 440.192. Each PFB is assigned to a Judge of Compensation Claims (JCC) in the geographic region in which the accident or illness occurred. Florida is divided into 17 such regions, called “Districts.” Each District is staffed by one to five JCCs. There are 33 JCCs in Florida. The filing of a PFB automatically triggers the court to order a mediation conference, which must be held within 130 days after the filing of the petition. Many claims for benefits are resolved between the parties prior to the mediation conference. Those issues that are not resolved before or during mediation will be scheduled for trial, or final merit hearing, before the assigned JCC. The final hearing must be held and concluded within 90 days after the mediation conference is held, allowing the parties sufficient time to complete discovery. The decisions of each JCC are reviewable by the First District Court of Appeal in Tallahassee, FL.
Statutory compensation in New York state





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Workers' compensation is required by law for business owners to have in place for their employees. In March 2007, the state of New York adopted major reforms to its Workers' Compensation law. These reforms included an increase in available temporary disability payments for injured workers with the trade-off being that lifetime permanent partial disability benefits are no longer available for injuries after July 1, 2008. As with many systemic changes to broad legal schemes, the reforms have spawned significant litigation to clarify the meaning of many of the changed statutory sections. The Workers' Compensation Board has also attempted to resolve many more cases administratively, meaning that no hearing may be held to resolve a particular dispute, but this change has had unintended consequences. For example, injured workers may not sufficiently understand their rights, since an administrative decision may easily be confused with a proper legal determination (which it may not be). Injured workers are advised to consult an experienced Workers' Compensation attorney since consultation is free (a lawyer in New York cannot charge a fee regarding a Workers' Compensation claim without getting the fee approved by a Workers' Compensation Law Judge). In cities like Rochester, the Workers' Compensation Board has become a central location around which many of the experienced lawyers on both sides have located their offices. Owners of for-profit corporations are exempt from workers compensation insurance however non-profit companies do not get the exclusion.
Privatization
In recent years, workers compensation programs in West Virginia and Nevada were successfully privatized , through mutualization , in part to resolve situations in which the programs in those states had significantly underfunded their liabilities. Only four states rely on entirely state-run programs for workers compensation: North Dakota, Ohio, Washington, and Wyoming. Many other states maintain state-run funds but also allow private insurance companies to insure employers and their employees, as well.
Alternate forms of statutory compensation in the United States
Employees of common carriers by rail have a statutory remedy under the Federal Employers' Liability Act , 45 U.S.C. sec. 51, which provides that a carrier "shall be liable" to an employee who is injured by the negligence of the employer. To enforce his compensation rights, the employee may file suit in United States district court or in a state court. The FELA remedy is based on tort principles of ordinary negligence and differs significantly from most state workers' compensation benefit schedules.
Seafarers employed on United States vessels who are injured because of the owner's or the operator's negligence can sue their employers under the Jones Act , 46 U.S.C. App. 688., essentially a remedy very similar to the FELA one.
Opposition to statutory compensation in the United States
Opponents argue that workers' compensation laws may hurt the U.S. workers they were designed to help [ citation needed ] . Large employers may have an incentive to move segments of their business—and their jobs—to areas where workers' compensation benefits (and other employee protections) are less generous or are harder to obtain. This is because the United States lacks a unified and national set of employee entitlements covering minimum wage , wage and hour , or collective bargaining rights in addition to compensation. Labor unions describe this system as a race to the bottom , as state legislatures cut employee entitlements to attract capital . Moreover, applying laws to citizens (or organisations) abroad, is an exception rather than the rule under common law.
United States employers can also move some operations to other countries where employee entitlements are much lower than in the U.S., and where there may be no workers' compensation or other legal remedies at all for workers who are injured or who are exposed to hazardous substances while on the job. Such countries may also have weaker or no legal protections available for employees in areas such as job discrimination , social security , or the right to organize or to join a trade union. Some small business owners complain that the cost of workers’ compensation, which they pay in the form of insurance premiums, places a heavy burden on them.
Economists who favor the distributism system of economics cite workers' compensation as an example of how far the modern capitalist economic system approaches what they call the "servile state" or "slavery worker" system. They say that in past times, when ownership of the means of production were more widely distributed, it would not be natural to hold an employer responsible for a worker's injury, since the worker was freely choosing to work for that employer. Distributors assert that in modern times, with the vast majority of people dispossessed of the means of production, requiring employers to have workers compensation shows how much workers really are dependent on being employed and are essentially forced to work for someone else to survive. Some distributors who feel that capitalism is heading in the direction of a slavery system feel that this will come about by workers exchanging their personal freedom for economic benefits like workers' compensation. [ citation needed ]
Workers' compensation cost containment
Many things can be done to reduce the cost of workers' compensation. While many business owners and managers initially think "workers' compensation is the cost of doing business," this is not really true and there are many controls that can be put in place inside a company to make sure an employer pays only for legitimate injuries, from the time an employee is medically unable to return to any productive task at the workplace.
This field of risk management is a specialized niche called "post loss cost containment," "injury management cost reduction," and several other names. The specialty centers around actions an employer can do to "manage" the processes in the workplace immediately after an injury occurs. There are four stages to the workers' compensation cost containment process including: assessment & recommendations, design & development, implementation and rollout.
Cost drivers
The areas generally considered to be key cost drivers are:

building management commitment,
working with the insurance company & insurance adjusters,
implementing an effective return to work & transitional duty program,
coordinating medical care,
medical cost management,
recognizing fraud and abuse,
self-interested defense counsel
improving communication with employees, and
training supervisors.

Employers should use a "holistic" approach to workers' compensation cost containment by looking at the total problem, rather than focusing only on one area such as reducing medical bills. By taking a "can do" approach, employers focus on controlling procedures within their control rather than the many things they cannot control. For example, employers cannot quickly or easily change the workers' compensation laws or eliminate plaintiff's lawyers or the legal system, items that are frequently mentioned as "causes" of high workers' compensation costs; however, an employer can implement a "post-injury response procedure" in their own workplace specifying what an employee must do if injured. Employers must "take charge" of those things within their control. Employers should also do after-action reviews (AARs) when an individual claimant's case has cost an extraordinary amount or resulted in extensive litigation to try and determine what went wrong. Often the biggest driver in costs is a failure to recognize a meritorious claim quickly. Delayed treatment can result in a need for much more extensive treatment and/or the futility of all efforts at healing and eventual return to competitive employment. An injured worker's sense of having been the victim of an unjust litigation process can also lead to increased rates of consequential depression and other mental health conditions which create a complicating "overlay" to an initial physical injury.
In the United States, there has developed a relatively small industry of cost control consultants who review Workers' Compensation insurance premium charges for employers in order to find and correct overcharges caused by technical errors by insurers. These consultants typically review classification codes, payroll audits, and experience modification factor calculations. These consultants reduce Workers' Compensation costs by correcting errors in insurance premium calculations, rather than by reducing claims costs.
Policies
Having consistent policies and forms helps the employer remain in control of the process. Even very small companies should have a tight post-injury procedure to help management control the post-injury process. The overall goal is for 95% of injured employees to return to work within 1–4 days after the injury unless they are medically unable to perform any productive role for the employer. The time out of work should be proportionate to the length of the disability. The Average Cost Per Employee in 2009, according to the 2009 RIMS Benchmarking Survey is $721 for all employers combined.
Some documents and policies to use are:

Transitional Duty Policy
Work Ability Form
Transitional Assignment Form
Post Injury Procedure
Worst-to-Best Benchmark Performance List
Employee Brochure
Introduction Letter to Employees
Employee Acknowledgement Form
Physician Telephone Contact Questionnaire
Supervisors Guide to Workers' Compensation
General Manager Best Practices

Further considerations





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In general, statutory Workers' Compensation systems strike a compromise, guaranteeing workers medical care and payment for lost time on a no-fault basis. Prior to the enactment of Workers' Compensation laws, injured workers had to file suit against employers (usually for the tort of negligence), and such legal actions had significant drawbacks for workers. At the same time, a successful suit could impose very large and unpredictable costs on an employer. Statutory Workers' Compensation systems provide for prompt payment of medical, rehabilitation, and lost time costs to injured workers, while placing limits on the cost of the system for employers. This trade-off became known as the "workers' compensation bargain"; that is, the worker traded his/her right to bring a tort suit against their employer in exchange for prompt medical care and disability payments (indemnity payments). Thus workers compensation is the original " Tort reform ."
In many states today, Workers' Compensation represents a major cost of business for employers, and there is ongoing political maneuvering by both business and labor groups to shift the compromise balance struck by Workers' Compensation statutes (for an example see California's Senate Bill (SB) 899). In general, business groups seek to limit the cost of Workers' Compensation coverage, while labor groups seek to increase benefits paid to workers.
For the commercial insurance market, Workers' Compensation represents a major line of business, although one that is sometimes problematic for the insurance industry. Premiums are large, but many insurers find it difficult to turn a profit in many states, as benefit costs sometimes exceed premiums. This line of insurance is regulated fairly closely by most states, although in recent years many states have allowed insurance companies greater flexibility in pricing this line of coverage. The hope has been that by encouraging price competition among insurers for Workers' Compensation insurance, employers would benefit by being able to obtain lower overall premiums. However, the introduction of competitive pricing for Workers' Compensation insurance has also led to significant swings in cost, as the insurance market moves between 'hard' and 'soft' markets. Employers often benefit from lower premiums in 'soft' insurance markets, only to see their premiums increase exponentially during 'hard' insurance markets.
Injured Workers sometimes complain that insurance companies do not treat them fairly or in compliance with the law, while employers often complain about their costs of insurance being driven up by exaggerated or fraudulent claims. Thus, the field engenders a considerable amount of controversy and litigation. These disputed areas include both claims and premium computations.
The statute of limitations for filing a compensation claim for an accidental injury varies from state to state.
See also




Organized Labour portal





Advocates for Injured Workers (AIW)
Compensation of employees
Experience modifier
Federal Employers Liability Act (US)
History of the United States (1865–1918): Labor and management
Injury cover
Labor power
Labour law
List of United States federal legislation
List of US Workers' Compensation Insurers
Living wage
National Council on Compensation Insurance
Subpoena duces tecum
Transferable Skills Analysis
Worker's compensation Germany
Workingmen's Compensation Act (Kern-McGillicuddy Act) (US)
Workmen's Compensation Act 1897 (UK)


social security law


U.S. Social Security is a social insurance program funded through dedicated payroll taxes called Federal Insurance Contributions Act (FICA) . Tax deposits are formally entrusted to the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, the Federal Hospital Insurance Trust Fund, or the Federal Supplementary Medical Insurance Trust Fund. [ 3 ]
The main part of the program is sometimes abbreviated OASDI (Old Age, Survivors, and Disability Insurance) or RSDI (Retirement, Survivors, and Disability Insurance). When initially signed into law by President Franklin D. Roosevelt in 1935 as part of his New Deal , the term Social Security covered unemployment insurance as well. The term, in everyday speech, is used to refer only to the benefits for retirement, disability, survivorship, and death, which are the four main benefits provided by traditional private-sector pension plans. In 2004 the U.S. Social Security system paid out almost $ 500 billion in benefits. [ 4 ]
By dollars paid, the U.S. Social Security program is the largest government program in the world and the single greatest expenditure in the federal budget, with 20.8% for social security, compared to 20.5% for discretionary defense and 20.1% for Medicare/Medicaid. [ 5 ] Social Security is currently the largest social insurance program in the U.S., constituting 37% of government expenditure and 7% of the gross domestic product [ 6 ] and is currently estimated to keep roughly 40% of all Americans age 65 or older out of poverty. [ 7 ] The Social Security Administration is headquartered in Woodlawn , Maryland , just to the west of Baltimore .
Social Security privatization became a major political issue for more than three decades during the presidencies of Gerald Ford , Jimmy Carter , Ronald Reagan , George H. W. Bush , Bill Clinton , and George W. Bush .




A Social Security card issued in Florida in 1982






Contents


1 History

1.1 Creation: The Social Security Act
1.2 Provisions of the Act
1.3 Controversy
1.4 Debates on the constitutionality of the Act
1.5 Implementation
1.6 Expansion and evolution

1.6.1 1939 Amendments

1.6.1.1 Economic concerns
1.6.1.2 Creation of the Social Security Trust Fund
1.6.1.3 The move toward family protection
1.6.1.4 FICA


1.6.2 Amendments of the 1950s
1.6.3 Amendments of the 1960s
1.6.4 Amendments of the 1970s

1.6.4.1 1972 Amendments
1.6.4.2 The negative financial outlook
1.6.4.3 1977 Amendments


1.6.5 Amendments of the 1980s

1.6.5.1 The 1983 Amendments
1.6.5.2 The 1983 Amendments and the Social Security Trust Fund


1.6.6 The Supreme Court and the evolution of Social Security
1.6.7 Dates of coverage for various workers




2 Retirement, auxiliary, survivors, and disability benefits

2.1 Primary Insurance Amount
2.2 Normal retirement age
2.3 Spouse's benefit
2.4 Widow's benefits
2.5 Children's benefits
2.6 Disability


3 Current operation

3.1 Joining and quitting
3.2 Trust fund
3.3 OHA and ODAR
3.4 Benefit payout comparisons
3.5 International agreements
3.6 Social Security number
3.7 Demographic and revenue projections
3.8 Online benefits estimate


4 Taxation

4.1 Tax on wages and self-employment income

4.1.1 Wages not subject to tax


4.2 Federal income taxation of benefits


5 Criticism of the program

5.1 Claim that it discriminates against the poor and middle-class
5.2 Claim that politicians exempted themselves from the tax
5.3 Claim that the government lied about the maximum tax
5.4 Claim that it gives a low rate of return
5.5 Claim that it is a pyramid or Ponzi scheme
5.6 Estimated net Social Security benefits under differing circumstances


6 Current controversies

6.1 Contrast with private pensions
6.2 Court interpretation of the Act to provide benefits
6.3 Constitutionality


7 Fraud and abuse

7.1 Social security number theft
7.2 Fraud in the acquisition and use of benefits
7.3 Restrictions on potentially deceptive communications


8 See also
9 References
10 Literature

10.1 Reading notes


11 External links





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History
A limited form of the Social Security program began as a measure to implement " social insurance " during the Great Depression of the 1930s, when poverty rates among senior citizens exceeded 50%. [ 8 ]
Creation: The Social Security Act




President Roosevelt signs the Social Security Act, at approximately 3:30 pm EST on August 14, 1935. [ 9 ] Standing with Roosevelt are Rep. Robert Doughton ( D - NC ); unknown person in shadow; Sen. Robert Wagner (D- NY ); Rep. John Dingell (D- MI ); unknown man in bowtie; the Secretary of Labor , Frances Perkins ; Sen. Pat Harrison (D- MS ); and Rep. David Lewis (D- MD ).


The Social Security Act was drafted during Roosevelt's first term by the President's Committee on Economic Security, under Frances Perkins , and passed by Congress as part of the New Deal . The act was an attempt to limit what were seen as dangers in the modern American life, including old age, poverty, unemployment, and the burdens of widows and fatherless children. By signing this act on August 14, 1935, President Roosevelt became the first president to advocate the protection of the elderly. [ 10 ]
Provisions of the Act
The Act is formally cited as the Social Security Act , ch. 531, 49  Stat.  620, now codified as 42 U.S.C.   ch.7 . The Act provided benefits to retirees and the unemployed, and a lump-sum benefit at death. Payments to current retirees were (and continue to be) financed by a payroll tax on current workers' wages, half directly as a payroll tax and half paid by the employer. The act also gave money to states to provide assistance to aged individuals (Title I), for unemployment insurance (Title III), Aid to Families with Dependent Children (Title IV), Maternal and Child Welfare (Title V), public health services (Title VI), and the blind (Title X). [ 10 ]
Controversy
Social Security was controversial when originally proposed, with one point of opposition being that it would cause a loss of jobs. However, proponents argued that there was in fact an advantage: it would encourage older workers to retire, thereby creating opportunities for younger people to find jobs, which would lower the unemployment rate. While most economists attribute the recession of 1937 and 1938 to other causes, historian Edward Berkowitz subsequently contended that the Act was a cause of the " Roosevelt Recession ."
Most women and minorities were excluded from the benefits of unemployment insurance and old age pensions . Employment definitions reflected typical white male categories and patterns. [ 11 ] Job categories that were not covered by the act included workers in agricultural labor, domestic service, government employees, and many teachers, nurses, hospital employees, librarians, and social workers. [ 12 ] The act also denied coverage to individuals who worked intermittently. [ 13 ] These jobs were dominated by women and minorities. For example, women made up 90% of domestic labor in 1940 and two-thirds of all employed black women were in domestic service. [ 14 ] Exclusions exempted nearly half the working population. [ 13 ] Nearly two-thirds of all African Americans in the labor force, 70 to 80% in some areas in the South, and just over half of all women employed were not covered by Social Security. [ 15 ] [ 16 ] At the time, the NAACP protested the Social Security Act, describing it as “a sieve with holes just big enough for the majority of Negroes to fall through.” [ 16 ]
Some have suggested that this discrimination resulted from the powerful position of Southern Democrats on two of the committees pivotal for the Act’s creation, the Senate Finance Committee and the House Ways and Means Committee . [ citation needed ] Southern congressmen supported Social Security as a means to bring needed relief to areas in the South that were especially hurt by the Great Depression but wished to avoid legislation which might interfere with the racial status quo in the South. The solution to this dilemma was to pass a bill that both included exclusions and granted authority to the states rather than the national government (such as the states' power in Aid to Dependent Children). Others have argued that exclusions of job categories such as agriculture were frequently left out of new social security systems worldwide because of the administrative difficulties in covering these workers. [ 16 ]
Social Security reinforced traditional views of family life. [ 17 ] Women generally qualified for insurance only through their husbands or children. [ 17 ] Mothers’ pensions (Title IV) based entitlements on the presumption that mothers would be unemployed. [ 17 ]
Historical discrimination in the system can also be seen with regard to Aid to Dependent Children . Since this money was allocated to the states to distribute, some localities assessed black families as needing less money than white families. These low grant levels made it impossible for African American mothers to not work: one requirement of the program. [ 18 ] Some states also excluded children born out of wedlock , an exclusion which affected African American women more than white women. [ 19 ] One study determined that 14.4% of eligible white individuals received funding, but only 1.5% of eligible black individuals received these benefits. [ 16 ]
[ edit ] Debates on the constitutionality of the Act
In the 1930s, the Supreme Court struck down many pieces of Roosevelt's New Deal legislation, including the Railroad Retirement Act . The Court threw out a centerpiece of the New Deal, the National Industrial Recovery Act , the Agricultural Adjustment Act , and New York State's minimum-wage law. President Roosevelt responded with an attempt to pack the court via the Judiciary Reorganization Bill of 1937 . On February 5, 1937, he sent a special message to Congress proposing legislation granting the President new powers to add additional judges to all federal courts whenever there were sitting judges age 70 or older who refused to retire. [ 20 ] The practical effect of this proposal was that the President would get to appoint six new Justices to the Supreme Court (and 44 judges to lower federal courts), thus instantly tipping the political balance on the Court dramatically in his favor. The debate on this proposal was heated and widespread, and lasted over six months. Beginning with a set of decisions in March, April, and May, 1937 (including the Social Security Act cases), the Court would sustain a series of New Deal legislation. [ 21 ]
Two Supreme Court rulings affirmed the constitutionality of the Social Security Act.

Steward Machine Company v. Davis , 301 U.S, 548 [ 22 ] (1937) held, in a 5–4 decision, that, given the exigencies of the Great Depression , "[It] is too late today for the argument to be heard with tolerance that in a crisis so extreme the use of the moneys of the nation to relieve the unemployed and their dependents is a use for any purpose narrower than the promotion of the general welfare ". The arguments opposed to the Social Security Act (articulated by justices Butler , McReynolds , and Sutherland in their opinions) were that the social security act went beyond the powers that were granted to the federal government in the Constitution . They argued that, by imposing a tax on employers that could be avoided only by contributing to a state unemployment-compensation fund, the federal government was essentially forcing each state to establish an unemployment-compensation fund that would meet its criteria, and that the federal government had no power to enact such a program.


Helvering v. Davis , 301 U.S. 619 (1937), decided on the same day as Steward , upheld the program because "The proceeds of both [employee and employer] taxes are to be paid into the Treasury like internal-revenue taxes generally, and are not earmarked in any way". That is, the Social Security Tax was constitutional as a mere exercise of Congress's general taxation powers.





Ida May Fuller, the first recipient


Implementation
Payroll taxes were first collected in 1937, also the year in which the first benefits were paid, namely the lump-sum death benefit paid to 53,236 beneficiaries. [ citation needed ]
The first reported Social Security payment was to Ernest Ackerman, who retired only one day after Social Security began. Five cents were withheld from his pay during that period, and he received a lump-sum payout of seventeen cents from Social Security. [ 23 ]
The first monthly payment was issued on January 31, 1940 to Ida May Fuller of Ludlow , Vermont . In 1937, 1938 and 1939 she paid a total of $24.75 into the Social Security System. Her first check was for $22.54. After her second check, Fuller already had received more than she contributed over the three-year period. She lived to be 100 and collected a total of $22,888.92. [ 24 ]
Expansion and evolution
Further information: List of Social Security legislation (United States)
The provisions of Social Security have been changing since the 1930s, shifting in response to economic worries as well as concerns over changing gender roles and the position of minorities. Officials have responded more to the concerns of women than those of minority groups. [ 25 ] Social Security gradually moved toward universal coverage. By 1950, debates moved away from which occupational groups should be included to how to provide more adequate coverage. [ 26 ] Changes in Social Security have reflected a balance between promoting equality and efforts to provide adequate protection. [ 27 ]
In 1940, benefits paid totaled $35 million. These rose to $961 million in 1950, $11.2 billion in 1960, $31.9 billion in 1970, $120.5 billion in 1980, and $247.8 billion in 1990 (all figures in nominal dollars, not adjusted for inflation). In 2004, $492 billion of benefits were paid to 47.5 million beneficiaries. [ 28 ] In 2009, nearly 51 million Americans will receive $650 billion in Social Security benefits.
1939 Amendments
Economic concerns
One reason for the proposed changes in 1939 was a growing concern over the impact that the reserves created by the 1935 act were having on the economy. The Recession of 1937 was blamed on the government, tied to the abrupt decrease in government spending and the $2 billion that had been collected in Social Security taxes. [ 29 ] Benefits became available in 1940 instead of 1942 and changes to the benefit formula increased the amount of benefits available to all recipients in the early years of Social Security. [ 30 ] These two policies combined to shrink the size of the reserves. The original Act had conceived of the program as paying benefits out of a large reserve. This Act shifted the conception of Social Security into the pay-as-you-go system. [ 31 ]
Creation of the Social Security Trust Fund
The amendments established a trust fund for any surplus funds. The managing trustee of this fund is the Secretary of the Treasury . The money could be invested in both non-marketable and marketable securities . [ 32 ]
The move toward family protection
Calls for reform of Social Security emerged within a few years of the 1935 Act. Even as early as 1936, some believed that women were not getting enough support. Worried that a lack of assistance might push women back into the work force, these individuals wanted Social Security changes that would prevent this. In an effort to protect the family, therefore, some called for reform which tied women's aid more concretely to their dependency on their husbands. [ 33 ] Others expressed apprehension about the complicated administrative practices of Social Security. [ 34 ] Concerns about the size of the reserve fund of the retirement program, emphasized by a recession in 1937 led to further calls for change. [ 35 ]
These amendments, however, avoided the question of the large numbers of workers in excluded categories. [ 36 ] Instead, the amendments of 1939 made family protection a part of Social Security. This included increased federal funding for the Aid to Dependent Children and raised the maximum age of children eligible to receive money under the Aid to Dependent Children to 18. The amendment added wives, elderly widows, and dependent survivors of covered male workers to those who could receive old age pensions . These individuals had previously been granted lump sum payments upon only death or coverage through the Aid to Dependent Children program. If a married wage-earning woman’s own benefit was worth less than 50% of her husband’s benefit, she was treated as a wife, not a worker. [ 37 ] If a woman who was covered by Social Security died, however, her dependents were ineligible for her benefits. [ 38 ] Since support for widows was dependent on the husband being a covered worker, African American widows were severely underrepresented and unaided by these changes. [ 39 ]
In order to assure fiscal conservatives who worried about the costs of adding family protection policies, the benefits for single workers were decreased and lump-sum death payments were abolished. [ 40 ]
FICA




A poster for the expansion of the Social Security Act


Social Security payroll taxes are collected under authority of the Federal Insurance Contributions Act (FICA), and are sometimes referred to as "FICA taxes."
In the original 1935 law the benefit provisions were in Title II of the Act (which is why Social Security is sometimes referred to as the "Title II" program.) The taxing provisions were in a separate title, Title VIII. There is a deep reason for this, having to do with the constitutionality of the law (see discussion of the Constitutionality of the 1935 Act).
As part of the 1939 Amendments, the Title VIII taxing provisions were taken out of the Social Security Act and placed in the Internal Revenue Code. Since it wouldn't make any sense to call this new section of the Internal Revenue Code "Title VIII," it was renamed the "Federal Insurance Contributions Act."
The payroll taxes collected for Social Security are of course taxes, but they can also be described as contributions to the social insurance system that is Social Security. Hence the name "Federal Insurance Contributions Act." FICA refers to the tax provisions of the Social Security Act, as they appear in the Internal Revenue Code.
Amendments of the 1950s
After years of debates about the inclusion of domestic labor, household employees working at least two days a week for the same person were added in 1950, along with nonprofit workers and the self-employed. Hotel workers, laundry workers, all agricultural workers, and state and local government employees were added in 1954. [ 41 ]
In 1956, the tax rate was raised to 4.0% (2.0% for the employer, 2.0% for the employee) and disability benefits were added. Also in 1956, women were allowed to retire at 62 with benefits reduced by 25%. Widows of covered workers were allowed to retire at 62 without the reduction in benefits. [ 42 ]
Amendments of the 1960s
In 1961, retirement at age 62 was extended to men, and the tax rate was increased to 6.0%.
In 1962, the changing role of the female worker was acknowledged when benefits of covered women could be collected by dependent husbands, widowers, and children. These individuals, however, had to be able to prove their dependency . [ 43 ]
Medicare and Medicaid were added in 1965 by the Social Security Act of 1965 , part of President Lyndon B. Johnson 's " Great Society " program. Social Security was changed to withdraw funds from the independent "Trust Fund" and put it into the General Fund for additional congressional revenue.
In 1965, the age at which widows could begin collecting benefits was reduced to 60. Widowers were not included in this change. When divorce , rather than death, became the major cause of marriages ending, divorcées were added to the list of recipients. Divorcées over the age of 65 who had been married for at least 20 years, remained unmarried, and could demonstrate dependency on their ex-husbands received benefits. [ 44 ]
The government adopted a unified budget in the Johnson administration in 1968. This change resulted in a single measure of the fiscal status of the government, based on the sum of all government activity. [ 45 ] The surplus in Social Security trust funds offsets the total debt , making it appear much smaller than it otherwise would.
Amendments of the 1970s
1972 Amendments
In June 1972, both houses of the United States Congress approved by overwhelming majorities 20% increases in benefits for 27.8 million Americans. The average payment per month rose from $133 to $166. The bill also set up a cost-of-living adjustment (COLA) to take effect in 1975. This adjustment would be made on a yearly basis if the Consumer Price Index increased by 3% or more. [ 46 ] This addition was an attempt to index benefits to inflation so that benefits would rise automatically. If inflation was 5%, the goal was to automatically increase benefits by 5% so their real value didn't decline. A technical error in the formula caused these adjustments to overcompensate for inflation, a technical mistake which has been called double-indexing. The COLAs actually caused benefits to increase at twice the rate of inflation.
In October 1972, a $5 billion piece of Social Security legislation was enacted which expanded the Social Security program. For example, minimum monthly benefits of individuals employed in low income positions for at least 30 years were raised. Increases were also made to the pensions of 3.8 million widows and dependent widowers. [ 46 ]
These amendments also established the Supplemental Security Income (SSI). Immigrants who had never paid into the system became eligible for SSI benefits when they reached age 65. SSI is not a Social Security benefit, but a welfare program, because the elderly and disabled poor are entitled to SSI regardless of work history. Likewise, SSI is not an entitlement, because there is no right to SSI payments.
The negative financial outlook
Throughout the 1950s and 1960s, during the phase-in period of Social Security, Congress was able to grant generous benefit increases because the system had perpetual short-run surpluses. Congressional amendments to Social Security took place in even numbered years (election years) because the bills were politically popular, but by the late 1970s, this era was over. For the next three decades, projections of Social Security's finances would show large, long-term deficits, and in the early 1980s, the program flirted with immediate insolvency. From this point on, amendments to Social Security would take place in odd numbered years (years that were not election years) because Social Security reform now meant tax increases and benefit reductions. Social Security became known as the "Third Rail of American Politics." Touching it meant political death.
Several effects came together in the years following the 1972 amendments which rapidly changed the outlook on Social Security's long-term financial picture from positive to problematic. By the 1970s, the phase-in period, during which workers were paying taxes but few were collecting benefits, was largely over, and the ratio of elderly population to the working population was increasing. These developments brought questions about the capacity of the long term financial structure based on a pay-as-you-go program.
During the Carter administration, the economy suffered double-digit inflation, coupled with very high interest rates , oil and energy crises, high unemployment and slow economic growth . Productivity growth in the United States had declined to an average annual rate of 1%, compared to 3.2% during the 1960s. There was also a growing federal budget deficit which increased to $66 billion. The 1970s are described as a period of stagflation , meaning economic stagnation coupled with price inflation, as well as higher interest rates. Price inflation (a rise in the general level of prices) creates uncertainty in budgeting and planning and makes labor strikes for pay raises more likely.
These underlying negative trends were exacerbated by a colossal mathematical error made in the 1972 amendments establishing the COLAs. The mathematical error which overcompensated for inflation was particularly detrimental given the double-digit inflation of this period, and the error led to benefit increases that were nowhere near financially sustainable.
The high inflation, double-indexing, and lower than expected wage growth was financial disaster for Social Security.
1977 Amendments
To combat the declining financial outlook, in 1977 Congress passed and Carter signed legislation fixing the double-indexing mistake. This amendment also altered the tax formulas to raise more money, [ 47 ] increasing withholding from 2% to 6.15%. [ 48 ] With these changes, President Carter remarked, "Now this legislation will guarantee that from 1980 to the year 2030, the Social Security funds will be sound." [ 49 ] This turned out not to be the case. The financial picture declined almost immediately and by the early 1980s, the system was again in crisis.
Amendments of the 1980s
After the 1977 amendments, the economic assumptions surrounding Social Security projections continued to be overly optimistic as the program moved toward a crisis. For example, COLAs were attached to increases in the CPI. This meant that they changed with prices, instead of wages. Before the 1970s, wage measurements exceeded changes in price. In the 1970s, however, this reversed and real wages decreased. This meant that FICA revenues could not keep up with the increasing benefits that were being given out. Continued high unemployment levels also lowered the amount of Social Security tax that could be collected. These two developments were decreasing the Social Security Trust Fund reserves. [ 50 ] In 1982, projections indicated that the Social Security Trust Fund would run out of money by 1983, and there was talk of the system being unable to pay benefits. [ 51 ] The National Commission on Social Security Reform, chaired by Alan Greenspan , was created to address the crisis.
The 1983 Amendments
The National Commission on Social Security Reform (NCSSR), chaired by Alan Greenspan , was empaneled to investigate the long-run solvency of Social Security. The 1983 Amendments to the SSA were based on the NCSSR's Final Report. "Report of the National Commission on Social Security Reform" . http://www.ssa.gov/history/reports/gspan.html . Retrieved 2008-03-15 .   The NCSSR recommended enacting a six-month delay in the COLA and changing the tax-rate schedules for the years between 1984 and 1990. [ 52 ] It also proposed an income tax on the Social Security benefits of higher-income individuals. This meant that benefits in excess of a household income threshold, generally $25,000 for singles and $32,000 for couples (the precise formula computes and compares three different measures) became taxable. These changes were important for generating revenue in the short term.
Also of concern was the long-term prospect for Social Security because of demographic considerations. Of particular concern was the issue of what would happen when people born during the post-World War II baby boom retired. The NCSSR made several recommendations for addressing the issue. [ 53 ] Under the 1983 amendments to Social Security, signed into law by President Ronald Reagan , a previously-enacted increase in the payroll tax rate was accelerated, additional employees were added to the system, the full-benefit retirement age was slowly increased, and up to one-half of the value of the Social Security benefit was made potentially taxable income. [ 54 ] [ 55 ]
The 1983 Amendments and the Social Security Trust Fund
The 1983 Amendments also included a provision to exclude the Social Security Trust Fund from the unified budget (In political jargon, it was proposed to be taken “off-budget.” [ citation needed ] Yet today Social Security is treated like all the other trust funds of the Unified Budget. [ citation needed ] It is a political way [ citation needed ] of using a cash budget instead of the more appropriate [ citation needed ] accrual budget, for all the budgets in the U.S. government. It is a way of disguising total debt. [ citation needed ] (Source: Webb, Roy, (1991). “The Stealth Budget: Unfunded Liabilities of the Federal Government,” Economic Review (Federal Reserve Bank of Richmond), 77,2 May/June.) This provision also provided for the exemption of Social Security and portions of the Medicare trust funds from any general budget cuts beginning in 1993. [ 45 ] This change was one way of trying to protect Social Security funds for the future.
As a result of these changes, particularly the tax increases, the Social Security system began to generate a large short-term surplus of funds, intended to cover the added retirement costs of the "baby boomers." Congress invested these surpluses into special series, non-marketable U.S. Treasury securities held by the Social Security Trust Fund. Under the law, the government bonds held by Social Security are backed by the full faith and credit of the U.S. government. Because the government had adopted the unified budget during the Johnson administration, this surplus offsets the total fiscal debt, making it look much smaller [ citation needed ] . There has been significant disagreement over whether the Social Security Trust Fund has been saved, or has been used to finance other government programs and other tax cuts.
The Supreme Court and the evolution of Social Security
The Supreme Court has established that no one has any legal right to Social Security benefits. The Court decided, in Flemming v. Nestor (1960), that "entitlement to Social Security benefits is not a contractual right". In that case, Ephram Nestor, a Bulgarian immigrant to the United States who made contributions for covered wages for the statutorily required "quarters of coverage" was nonetheless denied benefits after being deported in 1956 for being a member of the Communist party.
The case specifically held:

2. A person covered by the Social Security Act has not such a right in old-age benefit payments as would make every defeasance of "accrued" interests violative of the Due Process Clause of the Fifth Amendment. Pp. 608-611. (a) The noncontractual interest of an employee covered by the Act cannot be soundly analogized to that of the holder of an annuity, whose right to benefits are based on his contractual premium payments. Pp. 608-610. (b) To engraft upon the Social Security System a concept of "accrued property rights" would deprive it of the flexibility and [363 U.S. 603, 604] boldness in adjustment to ever-changing conditions which it demands and which Congress probably had in mind when it expressly reserved the right to alter, amend or repeal any provision of the Act. Pp. 610-611. 3. Section 202 (n) of the Act cannot be condemned as so lacking in rational justification as to offend due process. Pp. 611-612. 4. Termination of appellee's benefits under 202 (n) does not amount to punishing him without a trial, in violation of Art. III, 2, cl. 3, of the Constitution or the Sixth Amendment; nor is 202 (n) a bill of attainder or ex post facto law, since its purpose is not punitive. Pp. 612-621.[65]

The Supreme Court was also responsible for major changes in Social Security. Many of these cases were pivotal in changing the assumptions about differences in wage earning among men and women in the Social Security system. [ 56 ]

Goldberg v. Kelly (1970): The Supreme Court ruled that the due process clause of the Fourteenth Amendment required there to be an evidentiary hearing before a recipient can be deprived of government benefits. [ 27 ]
Weinburger v. Wiesenfeld (1975): A widower claimed that he was entitled to his deceased wife’s benefit, even though he had not been dependent on his wife. The court upheld his claims, stating that automatically granting widows the benefits and denying them to widowers violated equal protection in the Fourteenth Amendment . [ 57 ]

Dates of coverage for various workers

1935 All workers in commerce and industry (except railroads) under age 65.
1939 Age restriction eliminated; seamen, bank employees added; additional domestic workers and food-processing workers removed
1946 Railroad and Social Security earnings combined to determine eligibility for and amount of survivor benefits.
1950 Regularly employed farm and domestic workers. Nonfarm self-employed (except professional groups). Federal civilian employees not under retirement system. Americans employed outside United States by American employer. Puerto Rico and Virgin Islands. At the option of the State, State and local government employees not under retirement system. Nonprofit organizations could elect coverage for their employees (other than ministers).
1951 Railroad workers with less than 10 years of service, for all benefits. (After October 1951, coverage is retroactive to 1937.)
1954 Farm self-employed. Professional self-employed except lawyers, dentists, doctors, and other medical groups. Additional regularly employed farm and domestic workers. Homeworkers. State and local government employees (except firemen and policemen) under retirement system if agreed to by referendum. Ministers could elect coverage as self-employed.
1956 Members of the uniformed services. Remainder of professional self-employed except doctors. By referendum, firemen and policemen in designated States.
1965 Interns. Self-employed doctors. Tips.
1967 Ministers (unless exemption is claimed on grounds of conscience or religious principles). Firemen under retirement system in all States.
1972 Members of a religious order subject to a vow of poverty .
1983 All federal civilian employees hired after 1983; members of Congress, the President and Vice-President and federal judges; all employees of nonprofit organizations. Covered state and local government employees prohibited from opting out of Social Security.
1990 Employees of state and local governments not covered under a retirement plan. [ 58 ]

Retirement, auxiliary, survivors, and disability benefits
The largest component of OASDI is the payment of retirement benefits. Throughout a worker's career, the Social Security Administration keeps track of his or her earnings. The amount of the monthly benefit to which the worker is entitled depends upon that earnings record and upon the age at which the retiree chooses to begin receiving benefits. For the entire history of Social Security, benefits have been paid almost entirely by using revenue from payroll taxes. This is why Social Security is referred to as a pay-as-you-go system. Around 2017, payroll tax revenue is projected to be insufficient to cover Social Security benefits [ citation needed ] and the system will begin to withdraw money from the Social Security Trust Fund . The existence and economic significance of the Social Security Trust Fund is a subject of considerable dispute because its assets are special Treasury bonds ; i.e., the money in the trust fund have been loaned back to the federal government to pay for other expenses (hence it is said that the fund consists of nothing but " IOUs ").
Primary Insurance Amount
A worker's retirement income benefit is based on his Primary Insurance Amount , or PIA. The PIA is the average of the highest 35 years of the worker's covered earnings (before deduction for FICA). Covered earnings in any year are limited by that year's Social Security Wage Base , the maximum earnings that could be subject to the OASDI portion of FICA payroll tax ($106,800 in 2010 [ 59 ] ). If the worker has fewer than 35 years of covered earnings, zeros are used to bring the total number of years of earnings up to 35. Years of covered work more than 2 years before the year the worker turns 62 are indexed upward to reflect the increase in the national wage via the average wage index (AWI) from the time at which the earnings were covered in the past to the value of the AWI two years before the worker turns 62 (which is the most recent year available at the date the worker turns 62). One-twelfth of this 35-year average is the average indexed monthly earnings (AIME). The PIA then is 90% of the AIME up to the first (low) bendpoint, and 32% of the excess of AIME over the first bendpoint but not in excess of the second (high) bendpoint, plus 15% of the AIME in excess of the second bendpoint. Bendpoints designate the point at which the rates of return on a beneficiary's AIME change. [ 60 ] [ 61 ] In 2008, the bendpoints for calculating the PIA are a change from 90% to 32% at $711 and a change to 15% at $4,288. [ 61 ] [ 62 ] This PIA is then adjusted by automatic cost-of-living adjustments annually starting with the year the worker turns 62. Similar computations based on career average earnings determine disability and survivor benefits. These alternate computations average less years of earnings when the worker dies or is disabled before age 62 and use different base years for the inflation adjustments.
Normal retirement age
Main article: Retirement Insurance Benefits
The earliest age at which (reduced) benefits are payable is 62. Full retirement benefits depend on a retiree's year of birth. [ 63 ] Those born before 1938 have a normal retirement age of 65. Normal retirement age increases by two months for each ensuing year of birth until the 1943 year of birth, when it stays at age 66 years until the year of birth 1955. Thereafter the normal retirement age increases again by two months for each year ending in the 1960 year of birth, when normal retirement age stops at age 67 for all born thereafter.
A worker who starts benefits before normal retirement age has their benefit reduced based on the number of months before normal retirement age they start benefits. This reduction is 5/9 of 1% for each month up to 36 and then 5/12 of 1% for each additional month. This formula gives an 80% benefit at age 62 for a worker with a normal retirement age of 65, a 75% benefit at age 62 for a worker with a normal retirement age of 66, and a 70% benefit at age 62 for a worker with a normal retirement age of 67.
A worker who delays starting retirement benefits past normal retirement age earns delayed retirement credits that increase their benefit until they reach age 70. These credits are also applied to their widow(er)'s benefit. Children and spouse benefits are not affected by these credits.
The normal retirement age for widow(er) benefits shifts the year-of-birth schedule upward by two years, so that those widow(er)s born before 1940 have age 65 as their normal retirement age.
Spouse's benefit
Any current spouse is eligible, and divorced or former spouses are eligible generally if the marriage lasts for at least 10 years. (Civil marriages of same sex couples are not recognized by OASDI for spousal benefits because the federal DOMA law excludes them for federal recognition.) While it is arithmetically possible for one worker to generate spousal benefits for up to five of his/her spouses that he/she may have, each must be in succession after a proper divorce for each after a marriage of at least ten years. Because age 70 is the latest retirement age, and because no state recognizes marriage before teenage years, there are no more than 5 successive spousal benefits in ten-year intervals. This spousal retirement benefit is half the PIA of the worker; this is different from the spousal survivor benefit , which is the full PIA. The benefit is the product of the PIA, times one half, times the early-retirement factor if the spouse is younger than normal retirement age. There is no increase for starting spousal benefits after normal retirement age. This can occur if there is a married couple in which the younger person is the only worker and is more than 5 years younger. Only after the worker applies for retirement benefits may the non-working spouse apply for spousal retirement benefits.
Note that, since the passage of the Senior Citizens' Freedom to Work Act, in 2000, the spouse and children of a worker who has reached normal retirement age can receive benefits on the worker's record whether the worker is receiving benefits or not. Thus a worker can delay retirement without affecting spousal and children's benefits. The worker may have to begin receipt of benefits, to allow the spousal/children's benefits to begin, and then subsequently suspend his/her own benefits in order to continue the postponement of benefits in exchange for an increased benefit amount. [ citation needed ]
Widow's benefits
If a worker covered by Social Security dies, a surviving spouse can receive survivors' benefits. In some instances, survivors' benefits are available even to a divorced spouse. A father or mother with minor or disabled children in his or her care can receive benefits which are not actuarially reduced. The earliest age for a nondisabled widow(er)'s benefit is age 60. The benefit is equal to the worker's full retirement benefit for spouses who are at, or older than, normal retirement age. If the surviving spouse starts benefits before normal retirement age, there is an actuarial reduction. [ 64 ] If the worker earned delayed retirement credits by waiting to start benefits after their normal retirement age, the surviving spouse will have those credits applied to their benefit. [ citation needed ]
Children's benefits
Children of a retired, disabled or deceased worker receive benefits as a "dependent" or "survivor" if they are under the age of 18, or between 18 and 19 and have not yet graduated from high school, or are over the age of 18 and were disabled before the age of 22. [ 64 ] In a landmark case, the 8th Circuit U.S. Court of Appeals decided that a child is entitled to survivor benefits even though she was born two years after her father's death, having been conceived by in vitro fertilization . [ 65 ]
Disability





This article is missing citations or needs footnotes . Please help add inline citations to guard against copyright violations and factual inaccuracies. (November 2007)


A worker who has worked long enough and recently enough (based on "quarters of coverage" within the recent past) to be covered can receive disability benefits. These benefits start after five full calendar months of disability, regardless of his or her age. The eligibility formula requires a certain number of credits (based on earnings) to have been earned overall, and a certain number within the ten years immediately preceding the disability, but with more-lenient provisions for younger workers who become disabled before having had a chance to compile a long earnings history.
The worker must be unable to continue in his or her previous job and unable to adjust to other work, with age, education, and work experience taken into account; furthermore, the disability must be long-term, lasting 12 months, expected to last 12 months, resulting in death, or expected to result in death. [ 66 ] As with the retirement benefit, the amount of the disability benefit payable depends on the worker's age and record of covered earnings.
Supplemental Security Income (SSI) uses the same disability criteria as the insured social security disability program, but SSI is not based upon insurance coverage. Instead, a system of means-testing is used to determine whether the claimants' income and net worth fall below certain income and asset thresholds.
Severely disabled children may qualify for SSI. Standards for child disability are different from those for adults.
Disability determination at the Social Security Administration has created the largest system of administrative courts in the United States. Depending on the state of residence, a claimant whose initial application for benefits is denied can request reconsideration or a hearing before an Administrative Law Judge . Such hearings sometimes involve participation of an independent vocational expert (VE) or medical expert (ME), as called upon by the ALJ.
Reconsideration involves a re-examination of the evidence and, in some cases, the opportunity for a hearing before a (non- attorney ) disability hearing officer. The hearing officer then issues a decision in writing, providing justification for his/her finding. If the claimant is denied at the reconsideration stage, (s)he may request a hearing before an Administrative Law Judge. In some states, SSA has implemented a pilot program that eliminates the reconsideration step and allows claimants to appeal an initial denial directly to an Administrative Law Judge.
Because the number of applications for Social Security is very large (approximately 650,000 applications per year), the number of hearings requested by claimants often exceeds the capacity of Administrative Law Judges. The number of hearings requested and availability of Administrative Law Judges varies geographically across the United States. In some areas of the country, it is possible for a claimant to have a hearing with an Administrative Law Judge within 90 days of his/her request. In other areas, waiting times of 18 months are not uncommon.
After the hearing, the Administrative Law Judge (ALJ) issues a decision in writing. The decision can be Fully Favorable (the ALJ finds the claimant disabled as of the date that (s) he alleges in the application through the present), Partially Favorable (the ALJ finds the claimant disabled at some point, but not as of the date alleged in the application; OR the ALJ finds that the claimant was disabled but has improved), or Unfavorable (the ALJ finds that the claimant was not disabled at all). Claimants can appeal Partially Favorable and Unfavorable decisions to Social Security's Appeals Council, which is in Virginia . The Appeals Council does not hold hearings; it accepts written briefs. Response time from the Appeals Council can range from 12 weeks to more than 3 years.
If the claimant disagrees with the Appeals Council's decision, (s)he can appeal the case in the federal district court for his/her jurisdiction. As in most federal court cases, an unfavorable district court decision can be appealed to the appropriate United States Court of Appeals , and an unfavorable appellate court decision can be appealed to the United States Supreme Court .
Current operation
Joining and quitting
Obtaining a Social Security number for a child who is not working is voluntary. [ 67 ] Further, there is no general legal requirement that individuals join the Social Security program. Although the Social Security Act itself does not require a person to have a Social Security Number (SSN) to live and work in the United States [ 68 ] , the Internal Revenue Code does generally require the use of the social security number by individuals for federal tax purposes:



The social security account number issued to an individual for purposes of section 205(c)(2)(A) of the Social Security Act shall, except as shall otherwise be specified under regulations of the Secretary [of the Treasury or his delegate], be used as the identifying number for such individual for purposes of this title. [ 69 ]



Importantly, most parents apply for Social Security numbers for their dependent children in order to [ 70 ] include them on their income tax returns as a dependent. Everyone filing a tax return, as taxpayer or spouse, must have a Social Security Number or Taxpayer Identification Number (TIN) since the IRS is unable to process returns or post payments for anyone without an SSN or TIN.
The FICA taxes are imposed on all workers and self-employed persons. Employers are required [ 71 ] to report wages for covered employment to Social Security for processing Forms W-2 and W-3. There are some specific wages which are not a part of the Social Security program (discussed below ). Internal Revenue Code provisions section 3101 imposes payroll taxes on individuals and employer matching taxes. Section 3102 mandates that employers deduct these payroll taxes from workers' wages before they are paid. Generally, the payroll tax is imposed on everyone in employment earning "wages" as defined in 3121 of the Internal Revenue Code , and also taxes net earnings from self-employment .
Trust fund
Main article: Social Security Trust Fund
Social Security taxes are paid into the Social Security Trust Fund maintained by the U.S. Treasury (technically, the "Federal Old-Age and Survivors Insurance Trust Fund", as established by 42 U.S.C.   § 401(a) ). Current year expenses are paid from current Social Security tax revenues. When revenues exceed expenditures, as they have in most years, the excess is invested in special series, non-marketable U.S. Government bonds , thus the Social Security Trust Fund indirectly finances the federal government's general purpose deficit spending. In 2007, the cumulative excess of Social Security taxes and interest received over benefits paid out stood at $2.2 trillion. [ 72 ] The Trust Fund is regarded by some as an accounting trick which holds no economic significance. Others argue that it has specific legal significance because the Treasury securities it holds are backed by the "full faith and credit" of the U.S. government, which has an obligation to repay its debt. While the Treasury guarantees the interest and principal payments it makes to the Social Security Trust Fund, the benefit payments made from the Social Security Trust Fund to American retirees have no guarantee at all.
The Social Security Administration's authority to make benefit payments as granted by Congress extends only to its current revenues and existing Trust Fund balance, i.e. , redemption of its holdings of Treasury securities. Therefore, Social Security's ability to make full payments once annual benefits exceed revenues depends in part on the federal government's ability to make good on the bonds that it has issued to the Social Security trust funds. The federal government's ability to repay Social Security, in turn, is contingent on fiscal policies taken today (which have tended to increase deficits and the percent of the budget spent on interest and principal payments) and in the future.
In July 2008 the Office of the Chief Actuary of the Social Security Administration calculated an unfunded obligation of $13.6 trillion for the Social Security program. The unfunded obligation is the difference between the present value of the cost of Social Security and the present value of the assets in the Trust Fund and the future scheduled tax income of the program. In the Actuarial Note explaining the calculation, the Office of the Chief Actuary wrote that "The term obligation is used in lieu of the term liability, because liability generally indicates a contractual obligation (as in the case of private pensions and insurance) that cannot be altered by the plan sponsor without the agreement of the plan participants." [ citation needed ]
OHA and ODAR
"The Office of Hearings and Appeals (OHA) administers the hearings and appeals program for the Social Security Administration (SSA). Administrative Law Judges (ALJs) conduct hearings and issue decisions. The Appeals Council considers appeals from hearing decisions, and acts as the final level of administrative review for the Social Security Administration." [ 73 ] In 2006, OHA was renamed to ODAR. [ 74 ]
Benefit payout comparisons
The current formula used in calculating the benefit level (primary insurance amount or PIA) is very progressive so that sizable benefits could be obtained with much less than the forty to thirty five years of covered wages. Workers who spend their entire careers in covered employment would be unfairly treated relative to workers who spend the first half of their careers not covered (as in municipal employment) by OASDI but are covered by an alternative plan. These people who later switch into covered employment would be entitled to both the alternative non OASDI pension (presumably from a state or municipality) and get an Old Age retirement benefit from Social Security. The progressivity of the PIA formula would in effect allow these workers to double dip . Therefore, there are two provisions that mitigate the effect of the double dipping: one for those who obtain OASDI benefits from a spouse who is a covered worker and the other for those who split their careers in covered and noncovered employment. This latter double dip has a claw back factor which starts at maximum at 10 years and grades out to zero at 30 years so that there is no clawback for those with 30 years or more of covered wages. This is to prevent those with abnormally low AIMEs due to few years of covered status from being treated as lifetime (say 44 years) career low wage earners with low AIMEs.
International agreements
People sometimes relocate from one country to another, either permanently or on a limited-time basis. This presents challenges to businesses, governments, and individuals seeking to ensure future benefits or having to deal with taxation authorities in multiple countries. To that end, the Social Security Administration has signed treaties, often referred to as Totalization Agreements, with other social insurance programs in various foreign countries. [ 75 ]
Overall, these agreements serve two main purposes. First, they eliminate dual Social Security taxation, the situation that occurs when a worker from one country works in another country and is required to pay Social Security taxes to both countries on the same earnings. Second, the agreements help fill gaps in benefit protection for workers who have divided their careers between the United States and another country.
The following countries have signed totalization agreements with the SSA (and the date the agreement became effective): [ 76 ]

Italy (November 1, 1978)
Germany (December 1, 1979)
Switzerland (November 1, 1980)
Belgium (July 1, 1984)
Norway (July 1, 1984)
Canada (August 1, 1984)
United Kingdom (January 1, 1985)
Sweden (January 1, 1987)
Spain (April 1, 1988)
France (July 1, 1988)
Portugal (August 1, 1989)
Netherlands (November 1, 1990)
Austria (November 1, 1991)
Finland (November 1, 1992)
Ireland (September 1, 1993)
Luxembourg (November 1, 1993)
Greece (September 1, 1994)
South Korea (April 1, 2001)
Chile (December 1, 2001)
Australia (October 1, 2002)
Japan (October 1, 2005)
Denmark (October 1, 2008)
Czech Republic (January 1, 2009)
Poland (March 1, 2009)
Mexico (Signed on June 29, 2004, but not yet in effect)

Social Security number
Main article: Social Security number
A side effect of the Social Security program in the United States has been the near-universal adaptation of the program's identification number, the Social Security number , as the national identification number in the United States. The social security number, or SSN, is issued pursuant to section 205(c)(2) of the Social Security Act, codified as 42 U.S.C.   § 405(c)(2) . The government originally stated that the SSN would not be a means of identification, but currently a multitude of U.S. entities use the Social Security number as a personal identifier. These include government agencies such as the Internal Revenue Service , the military (which prints it on service members' dog tags and uses it in a number of ways to identify personnel, including the name, rank and "serial number" one would furnish the enemy as a POW) as well as private agencies such as banks, colleges and universities, health insurance companies, and employers.
The Social Security Administration admits that the Social Security Act does not require a person to have a Social Security Number to live and work in the United States, nor does it require an SSN simply for the purpose of having one. [ 68 ]
The Privacy Act of 1974 was in part intended to limit usage of the Social Security number as a means of identification. Paragraph (1) of subsection (a) of section 7 of the Privacy Act, an uncodified provision, states in part:



(1) It shall be unlawful for any Federal, State or local government agency to deny to any individual any right, benefit, or privilege provided by law because of such individual's refusal to disclose his social security account number.



However, paragraph (2) of subsection (a) of section 7 of the Privacy Act provides in part:



(2) the provisions of paragraph (1) of this subsection shall not apply with respect to -








(A) any disclosure which is required by Federal statute , or










(B) the disclosure of a social security number to any Federal, State, or local agency maintaining a system of records in existence and operating before January 1, 1975, if such disclosure was required under statute or regulation adopted prior to such date to verify the identity of an individual. [ 77 ]





The exceptions under section 7 of the Privacy Act include the Internal Revenue Code requirement that social security numbers be used as taxpayer identification numbers for individuals. [ 78 ]
Demographic and revenue projections
In each year since 1982, OASDI tax receipts, interest payments and other income have exceeded benefit payments and other expenditures, most recently (in 2004) by more than $150 billion. [ 79 ] As the " baby boomers " move out of the work force and into retirement, however, it is anticipated that expenses will come to exceed Social Security tax revenues in 2010 and 2011, and then briefly regaining some solvency in 2012 until plunging into permanent cash-flow negative operations from 2016 onward.
According to most projections, the Social Security trust fund will begin drawing on its Treasury Notes toward the end of the next decade (around 2018 or 2019), at which time the repayment of these notes will have to be financed from the general fund. At some time thereafter, variously estimated as 2041 (by the Social Security Administration [ 80 ] ) or 2052 (by the Congressional Budget Office [ 81 ] ), the Social Security Trust Fund will have exhausted the claim on general revenues that had been built up during the years of surplus. At that point, current Social Security tax receipts would be sufficient to fund 74 or 78% of the promised benefits, according to the two respective projections. The Social Security Trustees suggest that either the payroll tax could increase to 16.41 percent in 2041 and steadily increased to 17.60 percent in 2081 or a cut in benefits by 25 percent in 2041 and steadily increased to an overall cut of 30 percent in 2081. [ 82 ]
The Social Security Administration projects that the demographic situation will stabilize. The cash flow deficit in the Social Security system will have leveled off as a share of the economy. This projection has come into question. Some demographers argue that life expectancy will improve more than projected by the Social Security Trustees, a development that would make solvency worse. Some economists believe future productivity growth will be higher than the current projections by the Social Security Trustees. In this case, the Social Security shortfall would be smaller than currently projected.

Tables published by the government's National Center for Health Statistics show that life expectancy at birth was 47.3 years in 1900, rose to 68.2 by 1950 and reached 77.3 in 2002. The latest annual report of the Social Security trustees projects that life expectancy will increase just six years in the next seven decades, to 83 in 2075. A separate set of projections, by the Census Bureau , shows more rapid growth.

("Social Security Underestimates Future Life Spans, Critics Say" [ 83 ] ) The Census Bureau projection is that the longer life spans projected for 2075 by the Social Security Administration will be reached in 2050. Other experts, however, think that the past gains in life expectancy cannot be repeated, and add that the adverse effect on the system's finances may be partly offset if health improvements induce people to stay in the workforce longer.
Actuarial science, of the kind used to project the future solvency of social security, is by nature inexact. The SSA actually makes three predictions: optimistic, midline, and pessimistic (until the late 1980s it made 4 projections). The Social Security crisis that was developing prior to the 1983 reforms resulted from midline projections that turned out to be too optimistic. It has been argued that the overly pessimistic projections of the mid to late 1990s were partly the result of the low economic growth (according to actuary David Langer) assumptions which resulted in the projected exhaustion date being pushed back (from 2028 to 2042) with each successive Trustee's report. [ citation needed ] During the heavy-boom years of the '90s, the midline projections were too pessimistic. Obviously, projecting out 75 years is a significant challenge and, as such, the actual situation might be much better or much worse than predicted.
The Social Security Advisory Board has on three occasions since 1999 appointed a Technical Advisory Panel to review the methods and assumptions used in the annual projections for the Social Security trust funds. The most recent report of the Technical Advisory Panel, released in June 2008 with a copyright date of October 2007, includes a number of recommendations for improving the Social Security projections. [ 84 ] [ 85 ]
Increased spending for Social Security will occur at the same time as increases in Medicare , as a result of the aging of the baby boomers. One projection illustrates the relationship between the two programs:

From 2004 to 2030, the combined spending on Social Security and Medicare is expected to rise from 7% of national income (gross domestic product) to 13%. Two-thirds of the increase occurs in Medicare. [ 86 ]

[ edit ] Online benefits estimate
On July 22, 2008 the Social Security Administration introduced a new online benefits estimator . [ 87 ] A worker who has enough Social Security credits to qualify for benefits, but who is not currently receiving benefits on his or her own Social Security record and who is not a Medicare beneficiary, can obtain an estimate of the retirement benefit that will be provided, for different assumptions about age at retirement.
Taxation
[ edit ] Tax on wages and self-employment income
Benefits are funded by taxes imposed on wages of employees and self-employed persons. As explained below, in the case of employment, the employer and employee are each responsible for one half of the Social Security tax, with the employee's half being withheld from the employee's pay check. In the case of self-employed persons (i.e., independent contractors), the self-employed person is responsible for the entire amount of Social Security tax.
The Federal Insurance Contributions Act (FICA) (codified in the Internal Revenue Code ) imposes a Social Security withholding tax equal to 6.20% of the gross wage amount, up to but not exceeding the Social Security Wage Base ($97,500 for 2007; $102,000 for 2008; and $106,800 for 2009). The same 6.20% tax is imposed on employers. For each calendar year for which the worker is assessed the FICA contribution, the SSA credits those wages as that year's covered wages. The income cutoff is adjusted yearly for inflation and other factors.
A separate payroll tax of 1.45% of an employee's income is paid directly by the employer, and an additional 1.45% deducted from the employee's paycheck, yielding a total tax rate of 2.90%. There is no maximum limit on this portion of the tax. This portion of the tax is used to fund the Medicare program, which is primarily responsible for providing health benefits to retirees.
The combined tax rate of these two federal programs is 15.30% (7.65% paid by the employee and 7.65% paid by the employer).
For self-employed workers (who technically are not employees and are deemed not to be earning "wages" for Federal tax purposes), the self-employment tax, imposed by the Self-Employment Contributions Act of 1954, codified as Chapter 2 of Subtitle A of the Internal Revenue Code , 26 U.S.C.   § 1401 – 1403 , is 15.3% of "net earnings from self-employment." [ 88 ] In essence, a self-employed individual pays both the employee and employer share of the tax, although half of the self-employment tax (the "employer share") is deductible when calculating the individual's federal income tax. [ 89 ] [ 90 ]
If an employee has overpaid payroll taxes by having more than one job or switching jobs during the year, the excess taxes will be refunded when the employee files his federal income tax return . Any excess taxes paid by employers, however, are not refundable to the employers.
Wages not subject to tax
Workers are not required to pay Social Security taxes on wages from certain types of work: [ 91 ]

Wages received by certain state or local government workers participating in their employers' alternative retirement system.
Net annual earnings from self-employment of less than $400.
Wages received for service as an election worker, if less than $1,400 a year (in 2008).
Wages received for working as a household employee, if less than $1,700 per year (in 2009).
Wages received by college students working under Federal Work Study programs, graduate students receiving stipends while working as teaching assistants , research assistants , or on fellowships , and most postdoctoral researchers .
Earnings received for serving as a minister (or for similar religious service) if the person has a conscientious objection to public insurance because of personal religious considerations, but only for "qualified services" performed for a religious organization.
Other minor exceptions.

Federal income taxation of benefits
The benefits received by retirees were not originally taxed as income in the year of receipt. Beginning in tax year 1984, with the Reagan -era reforms to repair the system's projected insolvency, retirees with incomes over $25,000 (in the case of married persons filing separately who did not live with the spouse at any time during the year, and for persons filing as "single"), or with combined incomes over $32,000 (if married filing jointly) or, in certain cases, any income amount (if married filing separately from the spouse in a year in which the taxpayer lived with the spouse at any time) generally saw part of the retiree benefits subject to Federal income tax. In 1984, the portion of the benefits potentially subject to tax was 50%. [ 92 ] Under the Deficit Reduction Act of 1993, the portion of benefits potentially subject to tax was increased to 85% beginning with the 1994 tax year. [ 93 ]
Criticism of the program
Claim that it discriminates against the poor and middle-class
Critics, such as libertarian Nobel Laureate economist Milton Friedman , say that Social Security redistributes wealth from the poor to the wealthy. [ 94 ] [ 95 ] Workers must pay 12.4%, including a 6.2% employer contribution, on their wages below the Social Security Wage Base ($106,800, in 2010), but no tax on income in excess of this amount. [ 96 ] Therefore, high earners pay a lower percentage of their total income because of the income caps; because of this, payroll taxes are often viewed as being regressive . Furthermore, wealthier individuals generally have higher life expectancies and thus may expect to receive larger benefits for a longer period than poorer taxpayers. [ 97 ] A single individual who dies before age 62, who is more likely to be poor, receives no retirement benefits despite his years of paying Social Security tax. On the other hand, an individual who lives to age 100, who is more likely to be wealthy, is guaranteed payments that are more than he paid into the system. [ 98 ]
Supporters of Social Security say that despite its regressive tax formula , Social Security benefits are calculated using a progressive benefit formula that replaces a much higher percentage of low-income workers' pre-retirement income than that of higher-income workers (although these low-income workers pay a higher percentage of their pre-retirement income). [ 99 ] They also point to numerous studies that show that, relative to high-income workers, Social Security disability and survivor benefits paid on behalf of low-income workers more than offset any retirement benefits that may be lost because of shorter life expectancy. [ 100 ] [ 101 ] [ 102 ] Other research asserts that survivor benefits, allegedly an offset, actually exacerbate the problem because survivor benefits are denied to single individuals, including widow(er)s married less than nine months (except in certain situations), [ 103 ] divorced widow(er)s married less than 10 years, [ 104 ] and co-habiting or same-sex couples, unless they are legally married in their state of residence. [ 97 ] [ 105 ] [ 106 ] [ 107 ] [ 108 ] Unmarried individuals tend to be less wealthy and minorities. [ 109 ]
Claim that politicians exempted themselves from the tax
Critics of Social Security have said [ 110 ] that the politicians who created Social Security exempted themselves from having to pay the Social Security tax. When the federal government created Social Security, all federal employees, including the President and members of Congress, were exempt from having to pay the Social Security tax, and they received no Social Security benefits. This law was changed by the Social Security Amendments of 1983, which brought within the Social Security system all members of Congress, the President and the Vice President, federal judges, and certain executive-level political appointees, as well as all federal employees hired in any capacity on or after January 1, 1984. [ 111 ]
Claim that the government lied about the maximum tax
George Mason University economics professor Walter E. Williams claimed that the federal government has broken its own promise regarding the maximum Social Security tax. [ 112 ] Williams used data from the federal government to back up his claim.
According to a 1936 pamphlet on the Social Security website, the federal government promised the following maximum level of taxation for Social Security, "... beginning in 1949, twelve years from now, you and your employer will each pay 3 cents on each dollar you earn, up to $3,000 a year. That is the most you will ever pay." [ 113 ]
However, according to the Social Security website, by the year 2008, the tax rate was 6.2% each for the employer and employee, and the maximum income level that was subject to the tax was $102,000 raising the bar to $6,324 maximum contribution by both employee and employer (total $12,648). [ 114 ]
In 2005, Williams wrote, "Had Congress lived up to those promises, where $3,000 was the maximum earnings subject to Social Security tax, controlling for inflation, today's $50,000-a-year wage earner would pay about $700 in Social Security taxes, as opposed to the more than $3,000 that he pays today." [ 112 ]
According to the Social Security website, "The tax rate in the original 1935 law was 1% each on the employer and the employee, on the first $3,000 of earnings. This rate was increased on a regular schedule in four steps so that by 1949 the rate would be 3% each on the first $3,000. The figure was never $1,400, and the rate was never fixed for all time at 1%." [ 115 ]
Claim that it gives a low rate of return
Critics of Social Security [ 116 ] claim that it gives a low rate of return, compared to what is obtained through private retirement accounts. For example, critics point out [ 116 ] that under the Social Security laws as they existed at that time, several thousand employees of Galveston County, Texas were allowed to opt out of the Social Security program in the early 1980s, and have their money placed in a private retirement plan instead. While employees who earned $50,000 per year would have collected $1,302 per month in Social Security benefits, the private plan paid them $6,843 per month. While employees who earned $20,000 per year would have collected $775 per month in Social Security benefits, the private plan paid them $2,740 per month, at interest rates prevailing in 1996. [ 116 ] While some advocates of privatization of Social Security point to the Galveston pension plan as a model for Social Security reform, critics point to a GAO report to the House Ways and Means Committee, which indicates that, for low and middle income employees, particularly those with shorter work histories, the outcome may be less favorable.
Claim that it is a pyramid or Ponzi scheme
See also: Criticism of Social Security as a pyramid or Ponzi scheme
Economist Thomas Sowell argues in his books and columns that Social Security is a pyramid scheme . For example, in "Social Security: The Enron That Politicians Have In the Closet" , he writes:

Social Security has been a pyramid scheme from the beginning. Those who paid in first received money from those who paid in second — and so on, generation after generation. This was great so long as the small generation when Social Security began was being supported by larger generations resulting from the baby boom.
But, like all pyramid schemes, the whole thing is in big trouble once the pyramid stops growing. When the baby boomers retire, that will be the moment of truth — or of more artful lies. Just like Enron .


Sowell's critics say his Ponzi metaphor is not literally accurate. A Ponzi structure is inherently unsustainable, whereas Social Security, enacted before the baby boom existed, simply relies like any non-profit endeavor on projections of revenues. When revenues appear set to change, adjustments become necessary.
Estimated net Social Security benefits under differing circumstances




Single men with different wages and retirement dates


In 2004, Urban Institute economists C. Eugene Steuerle and Adam Carasso created a Web-based Social Security benefits calculator. [ 117 ] Using this calculator it is possible to estimate net Social Security benefits (i.e., estimated lifetime benefits minus estimated lifetime FICA taxes paid) for different types of recipients. In the book Democrats and Republicans - Rhetoric and Reality Joseph Fried used the calculator to create graphical depictions of the estimated net benefits of men and women who were at different wage levels, single and married (with stay-at-home spouses), and retiring in different years. These graphs vividly show that generalizations about Social Security benefits may be of little predictive value for any given worker, due to the wide disparity of net benefits for people at different income levels and in different demographic groups. For example, the graph below (Figure 168) shows the impact of wage level and retirement date on a male worker. As income goes up, net benefits get smaller - even negative.




Impact of gender and wage levels on net SS benefits


However, the impact is much greater for the future retiree (in 2045) than for the current retiree (2005). The male earning $95,000 per year and retiring in 2045 is estimated to lose over $200,000 by participating in the Social Security system. [ 118 ]
In the next graph (Figure 165) the depicted net benefits are averaged for people turning age 65 anytime during the years 2005 through 2045. (In other words, the disparities shown are not related to retirement.) However, we do see the impact of gender and wage level. Because women tend to live longer, they generally collect Social Security benefits for a longer time. As a result, they get a higher net benefit, on average, no matter what the wage level. [ 119 ]




Net lifetime SS benefits of married men and women where only one person works


The next image (Figure 166) shows estimated net benefits for married men and women at different wage levels. In this particular scenario it is assumed that the spouse has little or no earnings and, thus, will be entitled to collect a spousal retirement benefit. According to Fried:

"Two significant factors are evident: First, every column in Figure 166 depicts a net benefit that is higher than any column in Figure 165. In other words, the average married person (with a stay-at-home spouse) gets a greater benefit per FICA tax dollar paid than does the average single person - no matter what the gender or wage level. Second, there is only limited progressivity among married workers with stay-at-home spouses. Review Figure 166 carefully: The net benefits drop as the wage levels increase from $50,000 to $95,000; however, they increase as the wage levels grow from $5,000 to $50,000. In fact, net benefits are lowest for those earning just $5,000 per year." [ 120 ]

The last graph shown (Figure 167) is a combination of Figures 165 and 166. In this graph it is very clear why generalizations about the value of Social Security benefits are meaningless. At the $95,000 wage level a married person could be a big winner - getting net benefits of about $165,000. On the other hand, he could lose an estimated $152,000 in net benefits if he remains single. Altogether, there is a "swing" of over $300,000 based upon the marriage decision (and the division of earnings between the spouses). In addition there is a large disparity between the high net benefits of the married person earning $95,000 ($165,152) versus the relatively low net benefits of the man or woman earning just $5,000 ($30,025 or $41,890, depending on gender). In other words, the high earner, in this scenario, gets a far greater return on his FICA tax investment than does the low earner. [ 121 ]




Comparison of net SS benefits


In the book How Social Security Picks Your Pocket other factors affecting Social Security net benefits are identified: Generally, people who work for more than 35 years get a lower net benefit - all other factors being equal. People who don't live long after retirement age get a much lower net benefit. Finally, people who derive a high percentage of income from non-wage sources get high Social Security net benefits because they appear to be "poor," when they are not. The progressive benefit formula for Social Security is blind to the income a worker may have from non-wage sources, such as spousal support, dividends and interest, or rental income. [ 122 ]
Current controversies
Main article: Social Security debate (United States)
Proposals to reform of the Social Security system have led to heated debate, centering around funding of the program. In particular, proposals to privatize funding have caused great controversy.
Contrast with private pensions
Although Social Security is sometimes compared to private pensions , this is an improper comparison since Social Security is social insurance and not a retirement plan. The payment of disability benefits also distinguishes Social Security from most private pensions. In other ways the two systems are fundamentally different as well. A private pension fund accumulates the money paid into it, eventually using those reserves to pay pensions to the workers who contributed to the fund; and a private system is not universal. Social Security cannot "prefund" by investing in marketable assets such as equities, because federal law prohibits it from investing in assets other than those backed by the U.S. government. As a result, its investments to date have been limited to "special" non-negotiable securities issued by the U.S. Treasury, although some [ citation needed ] argue that debt issued by the Federal National Mortgage Association and other quasi-governmental organizations could meet legal standards. Social Security cannot by law invest in private equities, although some other countries (such as Canada) and some states permit their pension funds to invest in private equities. As a universal system, Social Security operates as a pipeline, through which current tax receipts from workers are used to pay current benefits to retirees, survivors, and the disabled. There is an excess of taxes withheld over benefits paid, and by law this excess is invested in Treasury securities (not in private equities) as described above.
Two broad categories of private pension plans are "defined benefit pension plans" and "defined contribution pension plans." Of these two, Social Security is more similar to a defined benefit pension plan. In a defined benefit pension plan, the benefits ultimately received are based on some sort of pre-determined formula (such as one based on years worked and highest salary earned). Defined benefit pension plans generally do not include separate accounts for each participant. By contrast, in a defined contribution pension plan each participant has a specific account with funds put into that account (by the employer or the participant, or both), and the ultimate benefit is based on the amount in that account at the time of retirement. Some have proposed that the Social Security system be modified to provide for the option of individual accounts (in effect, to make the system, at least in part, more like a defined contribution pension plan). Specifically, on February 2, 2005, President George W. Bush made Social Security a prominent theme of his State of the Union Address . [ 123 ] He described the Social Security system as "headed for bankruptcy", and outlined, in general terms, a proposal based on partial privatization . Critics responded that privatization would worsen the program's solvency outlook and would require huge new borrowing. See Social Security debate (United States) .
Both "defined benefit" and "defined contribution" private pension plans are governed by the Employee Retirement Income Security Act (ERISA), which requires employers to provide minimum levels of funding to support "defined benefits" pensions. The purpose is to protect the workers from corporate mismanagement and outright bankruptcy , although in practice many private pension funds have fallen short in recent years. In terms of financial structure, the current Social Security system is analogous to an underfunded "defined benefit" pension ("underfunded" meaning not that it is in trouble, but that its "savings" are not enough to pay future benefits without collecting future tax revenues).
Court interpretation of the Act to provide benefits
The United States Court of Appeals for the Seventh Circuit has indicated that the Social Security Act has a moral purpose and should be liberally interpreted in favor of claimants when deciding what counted as covered wages for purposes of meeting the quarters of coverage requirement to make a worker eligible for benefits. [ 124 ] That court has also stated: ". . . [T]he regulations should be liberally applied in favor of beneficiaries" when deciding a case in favor of a felon who had his disability payments retroactively terminated upon incarceration. [ 125 ] According to the court, that the Social Security Act "should be liberally construed in favor of those seeking its benefits can not be doubted." [ 126 ] “The hope behind this statute is to save men and women from the rigors of the poor house as well as from the haunting fear that such a lot awaits them when journey's end is near.” [ 127 ]
Constitutionality
The constitutionality of Social Security is intricately linked to the evolving nature of Supreme Court jurisprudence on federal power (the 20th century saw a dramatic increase in allowed congressional action). When Social Security was first passed, there were significant questions over its constitutionality as the Court had found another pension scheme, the original Railroad Retirement Act, to violate the due process clause of the Fifth Amendment . Some, such as University of Chicago law professor Richard Epstein and Robert Nozick , have argued that Social Security should be unconstitutional. [ citation needed ]
In the 1937 U.S. Supreme Court case of Helvering v. Davis [ 128 ] , the Court examined the constitutionality of Social Security when George Davis of the Edison Electric Illuminating Company of Boston sued in connection with the Social Security tax. The U.S. District Court for the District of Massachusetts first upheld the tax. The District Court judgment was reversed by the Circuit Court of Appeals. Commissioner Guy Helvering of the Bureau of Internal Revenue (now the Internal Revenue Service) took the case to the Supreme Court, and the Court upheld the validity of the tax.
During the 1930s President Franklin Delano Roosevelt was in the midst of promoting the passage of a large number of social welfare programs under the New Deal and the High Court struck down many of those programs (such as the Civilian Conservation Corps and the National Recovery Act ) as unconstitutional. Modified versions of the affected programs were afterwards approved by the Court, including Social Security.
When Helvering v. Davis was argued before the Court, the larger issue of constitutionality of the old-age insurance portion of Social Security was not decided. The case was limited to whether the payroll tax was a suitable use of Congress's taxing power. Despite this, no serious challenges regarding the system's constitutionality are now being litigated, and Congress's spending power may be more coextensive, as shown in cases like South Dakota v. Dole [ 129 ] during the Reagan Administration.
Fraud and abuse
Social security number theft
Because Social Security Numbers have become useful in identity theft and other forms of crime , various schemes have been perpetrated to acquire valid Social Security Numbers and related identity information.
In February 2006, the Social Security Administration received several reports of an email message being circulated addressed to “Dear Social Security Number And Card owner” and purporting to be from the Social Security Administration. The message informs the reader “that someone illegally is using your Social Security number and assuming your identity” and directs the reader to a website designed to look like Social Security’s Internet website.
“I am outraged that someone would target an unsuspecting public in this manner,” said Commissioner Jo Anne B. Barnhart . “I have asked the Inspector General to use all the resources at his command to find and prosecute whoever is perpetrating this fraud.” See Press Release .
Once directed to the phony website, the individual is reportedly asked to confirm his or her identity with “Social Security and bank information.” Specific information about the individual’s credit card number, expiration date and PIN is then requested. “Whether on our online website or by phone, Social Security will never ask you for your credit card information or your PIN” Commissioner Jo Anne B. Barnhart reported.
Social Security Administration Inspector General O’Carroll recommended people always take precautions when giving out personal information. “You should never provide your Social Security number or other personal information over the Internet or by telephone unless you are extremely confident of the source to whom you are providing the information,” O’Carroll said. See Press Release .
Fraud in the acquisition and use of benefits
Given the vast size of the program, fraud occurs. The Social Security Administration has its own investigatory group, Continuing Disability Investigations (CDI). In addition, the Social Security Administration may request investigatory assistance from other federal law enforcement agencies including the Office of the Inspector General and the FBI . [ citation needed ]
[ edit ] Restrictions on potentially deceptive communications
Because of the importance of Social Security to millions of Americans, many direct-mail marketers packaged their mailings to resemble official communications from the Social Security Administration, hoping that recipients would be more likely to open them. In response, Congress amended the Social Security Act in 1988 to prohibit the private use of the phrase "Social Security" and several related terms in any way that would convey a false impression of approval from the Social Security Administration. The constitutionality of this law ( 42 U.S.C.   § 1140 ) was upheld in United Seniors Association, Inc. v. Social Security Administration , 423 F.3d 397 (4th Cir. 2005), cert den 547 U.S. 1162; 126 S.Ct. 2346 (2006) (text at Findlaw [ 130 ] ).
See also

Social Security debate (United States)
Social security disability
Supplemental Security Income
401(k)

Health savings account
Individual retirement account


Ownership society
Government operations

Social Security Administration
Michael J. Astrue , Commissioner Social Security Administration


National Organization of Social Security Claimants' Representatives (NOSSCR)
Social Security Texas school district controversy
Franco Modigliani
Richardson v. Perales

cerebral palsy


Cerebral palsy ( CP ) is an umbrella term encompassing a group of non-progressive , [ 1 ] [ 2 ] non- contagious motor conditions that cause physical disability in human development , chiefly in the various areas of body movement. [ 3 ]
Cerebral refers to the cerebrum , which is the affected area of the brain (although the disorder most likely involves connections between the cortex and other parts of the brain such as the cerebellum ), and palsy refers to disorder of movement. Cerebral palsy is caused by damage to the motor control centers of the developing brain and can occur during pregnancy , during childbirth or after birth up to about age three. [ 4 ] [ 5 ]
Cerebral palsy describes a group of permanent disorders of the development of movement and posture, causing activity limitation, that are attributed to nonprogressive disturbances that occurred in the developing fetal or infant brain. The motor disorders of cerebral palsy are often accompanied by disturbances of sensation, perception, cognition , communication, and behaviour, by epilepsy, and by secondary musculoskeletal problems. [ 6 ]
Of the many types and subtypes of CP, none of them have a known cure . Usually, medical intervention is limited to the treatment and prevention of complications arising from CP's effects.
A 2003 study put the economic cost for people with CP in the US at $921,000 per individual, including lost income. [ 7 ]
In another study, the incidence in six countries surveyed was 2.12–2.45 per 1,000 live births, [ 8 ] indicating a slight rise in recent years. Improvements in neonatal nursing have helped reduce the number of babies who develop cerebral palsy, but the survival of babies with very low birth weights has increased, and these babies are more likely to have cerebral palsy. [ 9 ] [ 10 ]




Contents


1 Classification

1.1 Spastic
1.2 Ataxic
1.3 Athetoid/dyskinetic
1.4 Hypotonic


2 Incidence and prevalence
3 Symptoms
4 History
5 Causes
6 Diagnosis
7 Presentation: bones
8 Prognosis
9 Treatment
10 Cultural aspects

10.1 Economic Impact Of Cerebral Palsy In Australia
10.2 Use of terms when referring to people with CP
10.3 Misconceptions
10.4 Media Representations and Documentaries


11 Notable people with Cerebral Palsy
12 References
13 External links





//

Classification
CP is divided into four major classifications to describe different movement impairments. These classifications also reflect the areas of the brain that are damaged. The four major classifications are:
Spastic
For details on the most common form of cerebral palsy, see spastic diplegia .
Spastic cerebral palsy is by far the most common type, occurring in 70% to 80% of all cases. Moreover, spastic CP accompanies one of the other types in 30% of all cases. People with this type are hypertonic and have a neuromuscular condition stemming from damage to the corticospinal tract or the motor cortex that affects the nervous system's ability to receive gamma amino butyric acid in the area(s) affected by the disability. Spastic CP is further classified by topography dependent on the region of the body affected; these include:

Spastic hemiplegia (one side being affected). Generally, injury to muscle-nerves controlled by the brain's left side will cause a right body deficit, and vice versa. Typically, people that have spastic hemiplegia are the most ambulatory , although they generally have dynamic equinus on the affected side and are primarily prescribed ankle-foot orthoses to prevent said equinus. [ 11 ]
Spastic diplegia (the lower extremities are affected with little to no upper-body spasticity). The most common form of the spastic forms. Most people with spastic diplegia are fully ambulatory and have a scissors gait . Flexed knees and hips to varying degrees are common. Hip problems, dislocations, and in three-quarters of spastic diplegics, also strabismus (crossed eyes), can be present as well. In addition, these individuals are often nearsighted. The intelligence of a person with spastic diplegia is unaffected by the condition.
Spastic tetraplegia (all four limbs affected equally). People with spastic quadriplegia are the least likely to be able to walk, or if they can, to want to walk, because their muscles are too tight and it is too much effort to do so. Some children with quadriplegia also have hemiparetic tremors, an uncontrollable shaking that affects the limbs on one side of the body and impairs normal movement.

Occasionally, terms such as monoplegia , paraplegia , triplegia , and pentaplegia may also be used to refer to specific manifestations of the spasticity.
Ataxic
Ataxia ( ICD-10 G80.4) type symptoms can be caused by damage to the cerebellum . The forms of ataxia are less common types of cerebral palsy, occurring in at most 10% of all cases. Some of these individuals have hypotonia and tremors . Motor skills such as writing, typing, or using scissors might be affected, as well as balance, especially while walking. It is common for individuals to have difficulty with visual and/or auditory processing.
Athetoid/dyskinetic
Athetoid or dyskinetic is mixed muscle tone — People with athetoid CP have trouble holding themselves in an upright, steady position for sitting or walking, and often show involuntary motions . For some people with athetoid CP, it takes a lot of work and concentration to get their hand to a certain spot (like scratching their nose or reaching for a cup). Because of their mixed tone and trouble keeping a position, they may not be able to hold onto objects (such as a toothbrush or pencil). About one quarter of all people with CP have athetoid CP. The damage occurs to the extrapyramidal motor system and/or pyramidal tract and to the basal ganglia . It occurs in 10% to 20% percent of all cases. [ 12 ] . In newborn infants, high bilirubin levels in the blood, if left untreated, can lead to brain damage in certain areas ( kernicterus ). This may also lead to athetoid cerebral palsy.
Hypotonic
People with hypotonic CP appear limp and can move only a little or can't move at all.
Incidence and prevalence
In the industrialized world, the incidence of cerebral palsy is about 2 per 1000 live births. [ 13 ] The incidence is higher in males than in females; the Surveillance of Cerebral Palsy in Europe (SCPE) reports a M:F ratio of 1.33:1. [ 14 ] Variances in reported rates of incidence across different geographical areas in industrialised countries are thought to be caused primarily by discrepancies in the criteria used for inclusion and exclusion. When such discrepancies are taken into account in comparing two or more registers of patients with cerebral palsy (for example, the extent to which children with mild cerebral palsy are included), the incidence rates converge toward the average rate of 2:1000.
In the United States, approximately 10,000 infants and babies are diagnosed with CP each year, and 1200–1500 are diagnosed at preschool age. [ 15 ]
Overall, advances in care of pregnant mothers and their babies has not resulted in a noticeable decrease in CP. This is generally attributed to medical advances in areas related to the care of premature babies (which results in a greater survival rate). Only the introduction of quality medical care to locations with less-than-adequate medical care has shown any decreases. The incidence of CP increases with premature or very low-weight babies regardless of the quality of care. [ citation needed ]
Prevalence of cerebral palsy is best calculated around the school entry age of about six years, the prevalence in the U.S. is estimated to be 2.4 out of 1000 children [ 16 ]
The SCPE reported the following incidence of comorbidities in children with CP (the data are from 1980–1990 and included over 4,500 children over age 4 whose CP was acquired during the prenatal or neonatal period):

Mental disadvantage (IQ < 50): 31%
Active seizures: 21%
Mental disadvantage (IQ < 50) and not walking: 20%
Blindness: 11% [ 14 ]

The SCPE noted that the incidence of comorbidities is difficult to measure accurately, particularly across centers. For example, the actual rate of mental retardation may be difficult to determine, as the physical and communicational limitations of people with CP would likely lower their scores on an IQ test if they were not given a correctly modified version.
Apgar scores have sometimes been used as one factor to predict whether or not an individual will develop CP. [ 17 ]
Symptoms
All types of cerebral palsy are characterized by abnormal muscle tone (i.e. slouching over while sitting), reflexes, or motor development and coordination. There can be joint and bone deformities and contractures (permanently fixed, tight muscles and joints). The classical symptoms are spasticities, spasms, other involuntary movements (e.g. facial gestures), unsteady gait, problems with balance, and/or soft tissue findings consisting largely of decreased muscle mass. Scissor walking (where the knees come in and cross) and toe walking (which can contribute to a gait reminiscent of a marionette) are common among people with CP who are able to walk, but taken on the whole, CP symptomatology is very diverse. The effects of cerebral palsy fall on a continuum of motor dysfunction which may range from slight clumsiness at the mild end of the spectrum to impairments so severe that they render coordinated movement virtually impossible at the other end the spectrum.
Babies born with severe CP often have an irregular posture; their bodies may be either very floppy or very stiff. Birth defects, such as spinal curvature, a small jawbone, or a small head sometimes occur along with CP. Symptoms may appear or change as a child gets older. Some babies born with CP do not show obvious signs right away. Classically, CP becomes evident when the baby reaches the developmental stage at six and a half to 9 months and is starting to mobilise, where preferential use of limbs, asymmetry or gross motor developmental delay is seen.
Secondary conditions can include seizures , epilepsy , apraxia, dysarthria or other communication disorders, eating problems, sensory impairments, mental retardation , learning disabilities , and/or behavioral disorders.
Speech and language disorders are common in people with Cerebral Palsy. The incidence of dysarthria is estimated to range from 31% to 88%. Speech problems are associated with poor respiratory control, laryngeal and velopharyngeal dysfunction as well as oral articulation disorders that are due to restricted movement in the oral-facial muscles. There are three major types of dysarthria in cerebral palsy: spastic, dyskinetic (athetosis) and ataxic. Speech impairments in spastic dysarthria involves four major abnormalities of voluntary movement: spasticity, weakness, limited range of motion and slowness of movement. Speech mechanism impairment in athetosis involves a disorder in the regulation of breathing patterns, laryngeal dysfunction (monopitch, low, weak and breathy voice quality). It is also associated with articulatory dysfunction (large range of jaw movements), inappropriate positioning of the tongue, instability of velar elevation. Athetoid dysarthria is caused by disruption of the internal sensorimotor feedback system for appropriate motor commands, which leads to the generation of faulty movements that are perceived by others as involuntary. Ataxic dysarthria is uncommon in cerebral palsy. The speech characteristics are: imprecise consonants, irregular articulatory breakdown, distorted vowels, excess and equal stress, prolonged phonemes, slow rate, monopitch, monoloudness and harsh voice. [ 18 ] Overall language delay is associated with problems of mental retardation, hearing impairment and learned helplessness [ 3 ] . Children with cerebral palsy are at risk of learned helplessness and becoming passive communicators, initiating little communication. [ 3 ] Early intervention with this clientele often targets situations in which children communicate with others, so that they learn that they can control people and objects in their environment through this communication, including making choices, decisions and mistakes. [ 3 ]
History
CP, formerly known as "Cerebral Paralysis," was first identified by English surgeon William Little in 1860. Little raised the possibility of asphyxia during birth as a chief cause of the disorder. It was not until 1897 that Sigmund Freud , then a neurologist, suggested that a difficult birth was not the cause but rather only a symptom of other effects on fetal development. [ 19 ] Research conducted during the 1980s by the National Institute of Neurological Disorders and Stroke (NINDS) suggested that only a small number of cases of CP are caused by lack of oxygen during birth. [ 20 ]
Causes
While in certain cases there is no identifiable cause, other etiologies include problems in intrauterine development (e.g. exposure to radiation, infection), asphyxia before birth, hypoxia of the brain, and birth trauma during labor and delivery, and complications in the perinatal period or during childhood. [ 3 ] CP is also more common in multiple births .
Studies at the University of Liverpool have led to the hypothesis that many cases of cerebral palsy, and other conditions that an infant has at birth, are caused by the death in very early pregnancy of an identical twin. This may occur when twins have a joint circulation through sharing the same placenta . Not all identical twins share the same blood supply (monochorionic twins), but if they do, the suggestion is that perturbations in blood flow between them can cause the death of one and damage to the development of the surviving fetus. [ 21 ] [ 22 ] [ 23 ] It is common knowledge amongst obstetricians and midwives that a small dead fetus ( fetus papyraceus ) may sometimes be found attached to a placenta following birth. In the past, this has not been considered important and knowledge of the so called ‘ vanishing twin ’ has been suppressed to avoid triggering feelings of loss, grief, or guilt in mothers and especially the surviving twin. The pathological consequences depend on the severity and the stage of development of the fetus when the imbalances in blood flow between the fetuses occur. It has been proposed that such pathology could account, not just for cerebral palsy, but for developmental abnormalities of the eye, heart, and gut, and other specific brain abnormalities such as neuronal migration disorders e.g. lissencephaly and holoprosencephaly .
Between 40% and 50% of all children who develop cerebral palsy were born prematurely. Premature infants are vulnerable, in part because their organs are not fully developed, increasing the risk of hypoxic injury to the brain that may manifest as CP. A problem in interpreting this is the difficulty in differentiating between CP caused by damage to the brain that results from inadequate oxygenation and CP that arises from prenatal brain damage that then precipitates premature delivery.
Recent research has demonstrated that intrapartum asphyxia is not the most important cause, probably accounting for no more than 10 percent of all cases; rather, infections in the mother, even infections that are not easily detected, may triple the risk of the child developing the disorder, mainly as the result of the toxicity to the fetal brain of cytokines that are produced as part of the inflammatory response. [ 24 ] Low birthweight is a risk factor for CP—and premature infants usually have low birth weights, less than 2.0 kg, but full-term infants can also have low birth weights. Multiple-birth infants are also more likely than single-birth infants to be born early or with a low birth weight.
After birth, other causes include toxins, severe jaundice , lead poisoning , physical brain injury, shaken baby syndrome , incidents involving hypoxia to the brain (such as near drowning ), and encephalitis or meningitis . The three most common causes of asphyxia in the young child are: choking on foreign objects such as toys and pieces of food, poisoning, and near drowning.
Some structural brain anomalies such as lissencephaly may present with the clinical features of CP, although whether that could be considered CP is a matter of opinion (some people say CP must be due to brain damage, whereas people with these anomalies didn't have a normal brain). Often this goes along with rare chromosome disorders and CP is not genetic or hereditary.
Diagnosis
The diagnosis of cerebral palsy has historically rested on the patient's history and physical examination. Once diagnosed with cerebral palsy, further diagnostic tests are optional. The American Academy of Neurology published an article in 2004 reviewing the literature and evidence available on CT and MRI imaging. They suggested that neuroimaging with CT or MRI is warranted when the etiology of a patient's cerebral palsy has not been established - an MRI is preferred over CT due to diagnostic yield and safety. When abnormal, the neuroimaging study can suggest the timing of the initial damage. The CT or MRI is also capable of revealing treatable conditions, such as hydrocephalus , porencephaly , arteriovenous malformation , subdural hematomas and hygromas, and a vermian tumor [ 25 ] (which a few studies suggest are present 5 to 22%). Furthermore, an abnormal neuroimaging study indicates a high likelihood of associated conditions, such as epilepsy and mental retardation . [ 26 ]
Presentation: bones
In order for bones to attain their normal shape and size, they require the stresses from normal musculature. Osseous findings will therefore mirror the specific muscular deficits in a given person with CP. The shafts of the bones are often thin (gracile). When compared to these thin shafts (diaphyses) the metaphyses often appear quite enlarged (ballooning). With lack of use, articular cartilage may atrophy, leading to narrowed joint spaces. Depending on the degree of spasticity, a person with CP may exhibit a variety of angular joint deformities. Because vertebral bodies need vertical gravitational loading forces to develop properly, spasticity and an abnormal gait can hinder proper and/or full bone and skeletal development. People with CP tend to be shorter in height than the average person because their bones are not allowed to grow to their full potential. Sometimes bones grow to different lengths, so the person may have one leg longer than the other. [ citation needed ]
Prognosis
CP is not a progressive disorder (meaning the brain damage neither improves nor worsens), but the symptoms can become more severe over time due to subdural damage. A person with the disorder may improve somewhat during childhood if he or she receives extensive care from specialists, but once bones and musculature become more established, orthopedic surgery may be required for fundamental improvement. People who have CP tend to develop arthritis at a younger age than normal because of the pressure placed on joints by excessively toned and stiff muscles.
The full intellectual potential of a child born with CP will often not be known until the child starts school. People with CP are more likely to have some type of learning disability , but this is not related to a person's intellect or IQ level. Intellectual level among people with CP varies from genius to mentally retarded, as it does in the general population, and experts have stated that it is important to not underestimate a person with CP's capabilities and to give them every opportunity to learn. [ 27 ]
The ability to live independently with CP varies widely depending on the severity of each case. Some individuals with CP will require personal assistant services for all activities of daily living. Others can lead semi-independent lives, needing support only for certain activities. Still others can live in complete independence. The need for personal assistance often changes with increasing age and associated functional decline. However, in most cases persons with CP can expect to have a normal life expectancy; survival has been shown to be associated with the ability to ambulate, roll, and self-feed. [ 28 ] As the condition does not directly affect reproductive function, some persons with CP have children and parent successfully.
According to OMIM , only 2% of cases of CP are inherited (with glutamate decarboxylase-1 as one known enzyme involved.) [ 29 ] There is no evidence of an increased chance of a person with CP having a child with CP.
Treatment
There is no cure for CP, but various forms of therapy can help a person with the disorder to function and live more effectively. In general, the earlier treatment begins the better chance children have of overcoming developmental disabilities or learning new ways to accomplish the tasks that challenge them. The earliest proven intervention occurs during the infant's recovery in the neonatal intensive care unit (NICU) . Treatment may include one or more of the following: physical therapy; occupational therapy; speech therapy; drugs to control seizures, alleviate pain, or relax muscle spasms (e.g. benzodiazepienes, baclofen and intrathecal phenol/baclofen); hyperbaric oxygen; the use of Botox to relax contracting muscles; surgery to correct anatomical abnormalities or release tight muscles; braces and other orthotic devices; rolling walkers; and communication aids such as computers with attached voice synthesizers. For instance, the use of a standing frame can help reduce spasticity and improve range of motion for people with CP who use wheelchairs. Nevertheless, there is only some benefit from therapy. Treatment is usually symptomatic and focuses on helping the person to develop as many motor skills as possible or to learn how to compensate for the lack of them. Non-speaking people with CP are often successful availing themselves of augmentative and alternative communication systems such as Blissymbols .
Early Nutritional Support In one cohort study of 490 premature infants discharged from the NICU, the rate of growth during hospital stay was related to neurological function at 18 and 22 months of age. The study found a significant decrease in the incidence of cerebral palsy in the group of premature infants with the highest growth velocity. This study suggests that adequate nutrition and growth play a protective role in the development of cerebral palsy. [ 30 ]
Physiotherapy (PT) programs are designed to encourage the patient to build a strength base for improved gait and volitional movement, together with stretching programs to limit contractures. Many experts believe that life-long physiotherapy is crucial to maintain muscle tone, bone structure, and prevent dislocation of the joints.
Occupational therapy helps adults and children maximise their function, adapt to their limitations and live as independently as possible. [ 31 ] [ 32 ]
Orthotic devices such as ankle-foot orthoses (AFOs) are often prescribed to minimise gait irregularities. AFOs have been found to improve several measures of ambulation, including reducing energy expenditure [ 33 ] and increasing speed and stride length. [ 34 ]
Speech therapy helps control the muscles of the mouth and jaw, and helps improve communication. Just as CP can affect the way a person moves their arms and legs, it can also affect the way they move their mouth, face and head. This can make it hard for the person to breathe; talk clearly; and bite, chew and swallow food. Speech therapy often starts before a child begins school and continues throughout the school years. [ 35 ]
Hyperbaric oxygen therapy (HBOT), in which pressurized oxygen is inhaled inside a hyperbaric chamber , has been used to treat CP under the theory that improving oxygen availability to damaged brain cells can reactivate some of them to function normally. Its use to treat CP is controversial. A 2007 systematic review concluded that the effect of HBOT on CP is not significantly different from that of pressurized room air, and that some children undergoing HBOT will experience adverse events such as seizures and the need for ear pressure equalization tubes; due to poor quality of data assessment the review also concluded that estimates of the prevalence of adverse events are uncertain. [ 36 ]
Nutritional counseling may help when dietary needs are not met because of problems with eating certain foods.
Both massage therapy [ 37 ] and hatha yoga [ citation needed ] are designed to help relax tense muscles, strengthen muscles, and keep joints flexible. Hatha yoga breathing exercises are sometimes used to try to prevent lung infections. More research is needed to determine the health benefits of these therapies for people with CP.
Surgery for people with CP usually involves one or a combination of:

Loosening tight muscles and releasing fixed joints, most often performed on the hips, knees, hamstrings, and ankles. In rare cases, this surgery may be used for people with stiffness of their elbows, wrists, hands, and fingers.


The insertion of a Baclofen Pump usually during the stages while a patient is a young adult. This is usually placed in the left abdomen. It is a pump that is connected to the spinal cord, whereby it sends bits of Baclofen alleviating the continuous muscle flexion. Baclofen is a muscle relaxant and is often given PO to patients to help counter the effects of spasticity.


Straightening abnormal twists of the leg bones, i.e. femur (termed femoral anteversion or antetorsion) and tibia (tibial torsion). This is a secondary complication caused by the spastic muscles generating abnormal forces on the bones, and often results in intoeing (pigeon-toed gait). The surgery is called derotation osteotomy, in which the bone is broken (cut) and then set in the correct alignment. [ 38 ]


Cutting nerves on the limbs most affected by movements and spasms. This procedure, called a rhizotomy , "rhizo" meaning root and "tomy" meaning "a cutting of" from the Greek suffix 'tomia' reduces spasms and allows more flexibility and control of the affected limbs and joints. [ 39 ]


Botulinum Toxin A ( Botox ) injections into muscles that are either spastic or have contractures, the aim being to relieve the disability and pain produced by the inappropriately contracting muscle. [ 40 ]

A new study has found that cooling the bodies and blood of high-risk full-term babies shortly after birth may significantly reduce disability or death. [ 41 ]
Cord Blood Therapy : There are no published randomized controlled trials or meta-analysis of this treatment modality in cerebral palsy. In March 2008 a boy diagnosed with cerebral palsy appeared on the Today Show with his family. [ 42 ] The parents noted that he could not walk on his own and appeared to be "swallowing his tongue" at times. He was eventually diagnosed with cerebral palsy and could only walk with the aid of a walker for a short time. Earlier that year he participated in a clinical trial involving his own cord blood that his parents had saved when he was born. His parents reported that within 5 days after the procedure he was walking on his own and talking, something his mother said he was not capable of on his own and it was doubtful he would ever be able to do on his own. They also reported that the doctors also told them that if his rate of progress continues uninterrupted until he is 7 he will be pronounced cured.
Conductive education (CE) was developed in Hungary from 1945 based on the work of András Pető . It is a unified system of rehabilitation for people with neurological disorders including cerebral palsy, Parkinson's disease and multiple sclerosis, amongst other conditions. It is theorised to improve mobility, self-esteem, stamina and independence as well as daily living skills and social skills. The conductor is the professional who delivers CE in partnership with parents and children. Skills learned during CE should be applied to everyday life and can help to develop age-appropriate cognitive, social and emotional skills. It is available at specialized centers.
Biofeedback is an alternative therapy in which people with CP learn how to control their affected muscles. Some people learn ways to reduce muscle tension with this technique. Biofeedback does not help everyone with CP.
Neuro-cognitive therapy. It is based upon two proven principles. (1) Neural Plasticity. The brain is capable of altering its own structure and functioning to meet the demands of any particular environment. Consequently if the child is provided with an appropriate neurological environment, he will have the best chance of making progress. (2) Learning can lead to development. As early as the early 1900s, this was being proven by a psychologist named Lev Vygotsky. He proposed that children's learning is a social activity, which is achieved by interaction with more skilled members of society. There are many studies, which provide evidence for this claim. there are however, as yet no controlled studies on neuro-cognitive therapy.
Patterning is a controversial form of alternative therapy for people with CP. The method is promoted by The Institutes for the Achievement of Human Potential (IAHP), a Philadelphia nonprofit, but has been criticized by the American Academy of Pediatrics . [ 43 ] The IAHP's methods have been endorsed by Linus Pauling , [ 44 ] as well as some parents of children treated with their methods. [ 45 ] [ 46 ] [ 47 ]
Cultural aspects
Economic Impact Of Cerebral Palsy In Australia
Access Economics has released a report on the economic impact of cerebral palsy in Australia. Launched by the Hon. Bill Shorten, MP, the report found that, in 2007, the financial cost of cerebral palsy (CP) in Australia was $1.47 billion or 0.14% of GDP. When the value of lost well-being (disability and premature death) was added, the cost rose a further $2.4 billion. [ 48 ]
In 2007, the financial cost of CP was $1.47 billion (0.14% of GDP). Of this:

1.03 billion (69.9%) was productivity lost due to lower employment, absenteeism and premature death of Australians with CP;


141 million (9.6%) was the DWL from transfers including welfare payments and taxation forgone;


131 million (9.0%) was other indirect costs such as direct program services, aides and home modifications and the bringing-forward of funeral costs;


129 million (8.8%) was the value of the informal care for people with CP; and


40 million (2.8%) was direct health system expenditure.

Additionally, the value of the lost well-being (disability and premature death) was a further $2.4 billion.
In per capita terms, this amounts to a financial cost of $43,431 per person with CP per annum. Including the value of lost well-being, the cost is over $115,000 per person per annum.
Individuals with CP bear 37% of the financial costs, and their families and friends bear a further 6%. Federal government bears around one third (33%) of the financial costs (mainly through taxation revenues forgone and welfare payments). State governments bear under 1% of the costs, while employers bear 5% and the rest of society bears the remaining 19%. If the burden of disease (lost well-being) is included, individuals bear 76% of the costs.
Use of terms when referring to people with CP
Many people would rather be referred to as a person with a disability instead of handicapped. "Cerebral Palsy: A Guide for Care" at the University of Delaware offers the following guidelines: [ 49 ]

Impairment is the correct term to use to define a deviation from normal, such as not being able to make a muscle move or not being able to control an unwanted movement. Disability is the term used to define a restriction in the ability to perform a normal activity of daily living which someone of the same age is able to perform. For example, a three year old child who is not able to walk has a disability because a normal three year old can walk independently. Handicap is the term used to describe a child or adult who, because of the disability, is unable to achieve the normal role in society commensurate with his age and socio-cultural milieu. As an example, a sixteen-year-old who is unable to prepare his own meal or care for his own toileting or hygiene needs is handicapped. On the other hand, a sixteen-year-old who can walk only with the assistance of crutches but who attends a regular school and is fully independent in activities of daily living is disabled but not handicapped. All disabled people are impaired, and all handicapped people are disabled, but a person can be impaired and not necessarily be disabled, and a person can be disabled without being handicapped.

The term " spastic " describes the attribute of spasticity in types of spastic CP. In 1952 a UK charity called The Spastics Society was formed. [ 50 ] The term "spastics" was used by the charity as a term for people with CP. The words "spastic" and "spaz" have since been used extensively as a general insult to disabled people, which some see as extremely offensive. They are also frequently used to insult able-bodied people when they seem overly uncoordinated, anxious, or unskilled in sports. The charity changed its name to Scope in 1994. [ 50 ] In the United States the word spaz has the same usage as an insult, but is not generally associated with CP. [ 51 ]
Misconceptions
Spastic Cerebral Palsy, the most common form of CP, causes the muscles to be tense, rigid and movements are slow and difficult. This can be misinterpreted as cognitive delay due to difficulty of communication. Individuals with cerebral palsy can have learning difficulties, but sometimes it is the sheer magnitude of problems caused by the underlying brain injury that prevents the individual from expressing what cognitive abilities they do possess. [ 52 ]
Media Representations and Documentaries
Maverick documentary filmmaker Kazuo Hara criticizes the mores and customs of Japanese society in an unsentimental portrait of adults with cerebral palsy in his 1972 film "Goodbye CP" (Sayonara CP)". Focusing on how the CP victims are generally ignored or disregarded in Japan, Hara challenges his society's taboos about physical handicaps. Using a deliberately harsh style, with grainy black-and-white photography and out-of-sync sound, Hara brings a stark realism to his subject. [ 53 ]

cerebral palsy definition


Cerebral palsy ( CP ) is an umbrella term encompassing a group of non-progressive , [ 1 ] [ 2 ] non- contagious motor conditions that cause physical disability in human development , chiefly in the various areas of body movement. [ 3 ]
Cerebral refers to the cerebrum , which is the affected area of the brain (although the disorder most likely involves connections between the cortex and other parts of the brain such as the cerebellum ), and palsy refers to disorder of movement. Cerebral palsy is caused by damage to the motor control centers of the developing brain and can occur during pregnancy , during childbirth or after birth up to about age three. [ 4 ] [ 5 ]
Cerebral palsy describes a group of permanent disorders of the development of movement and posture, causing activity limitation, that are attributed to nonprogressive disturbances that occurred in the developing fetal or infant brain. The motor disorders of cerebral palsy are often accompanied by disturbances of sensation, perception, cognition , communication, and behaviour, by epilepsy, and by secondary musculoskeletal problems. [ 6 ]
Of the many types and subtypes of CP, none of them have a known cure . Usually, medical intervention is limited to the treatment and prevention of complications arising from CP's effects.
A 2003 study put the economic cost for people with CP in the US at $921,000 per individual, including lost income. [ 7 ]
In another study, the incidence in six countries surveyed was 2.12–2.45 per 1,000 live births, [ 8 ] indicating a slight rise in recent years. Improvements in neonatal nursing have helped reduce the number of babies who develop cerebral palsy, but the survival of babies with very low birth weights has increased, and these babies are more likely to have cerebral palsy. [ 9 ] [ 10 ]




Contents


1 Classification

1.1 Spastic
1.2 Ataxic
1.3 Athetoid/dyskinetic
1.4 Hypotonic


2 Incidence and prevalence
3 Symptoms
4 History
5 Causes
6 Diagnosis
7 Presentation: bones
8 Prognosis
9 Treatment
10 Cultural aspects

10.1 Economic Impact Of Cerebral Palsy In Australia
10.2 Use of terms when referring to people with CP
10.3 Misconceptions
10.4 Media Representations and Documentaries


11 Notable people with Cerebral Palsy
12 References
13 External links





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Classification
CP is divided into four major classifications to describe different movement impairments. These classifications also reflect the areas of the brain that are damaged. The four major classifications are:
Spastic
For details on the most common form of cerebral palsy, see spastic diplegia .
Spastic cerebral palsy is by far the most common type, occurring in 70% to 80% of all cases. Moreover, spastic CP accompanies one of the other types in 30% of all cases. People with this type are hypertonic and have a neuromuscular condition stemming from damage to the corticospinal tract or the motor cortex that affects the nervous system's ability to receive gamma amino butyric acid in the area(s) affected by the disability. Spastic CP is further classified by topography dependent on the region of the body affected; these include:

Spastic hemiplegia (one side being affected). Generally, injury to muscle-nerves controlled by the brain's left side will cause a right body deficit, and vice versa. Typically, people that have spastic hemiplegia are the most ambulatory , although they generally have dynamic equinus on the affected side and are primarily prescribed ankle-foot orthoses to prevent said equinus. [ 11 ]
Spastic diplegia (the lower extremities are affected with little to no upper-body spasticity). The most common form of the spastic forms. Most people with spastic diplegia are fully ambulatory and have a scissors gait . Flexed knees and hips to varying degrees are common. Hip problems, dislocations, and in three-quarters of spastic diplegics, also strabismus (crossed eyes), can be present as well. In addition, these individuals are often nearsighted. The intelligence of a person with spastic diplegia is unaffected by the condition.
Spastic tetraplegia (all four limbs affected equally). People with spastic quadriplegia are the least likely to be able to walk, or if they can, to want to walk, because their muscles are too tight and it is too much effort to do so. Some children with quadriplegia also have hemiparetic tremors, an uncontrollable shaking that affects the limbs on one side of the body and impairs normal movement.

Occasionally, terms such as monoplegia , paraplegia , triplegia , and pentaplegia may also be used to refer to specific manifestations of the spasticity.
Ataxic
Ataxia ( ICD-10 G80.4) type symptoms can be caused by damage to the cerebellum . The forms of ataxia are less common types of cerebral palsy, occurring in at most 10% of all cases. Some of these individuals have hypotonia and tremors . Motor skills such as writing, typing, or using scissors might be affected, as well as balance, especially while walking. It is common for individuals to have difficulty with visual and/or auditory processing.
Athetoid/dyskinetic
Athetoid or dyskinetic is mixed muscle tone — People with athetoid CP have trouble holding themselves in an upright, steady position for sitting or walking, and often show involuntary motions . For some people with athetoid CP, it takes a lot of work and concentration to get their hand to a certain spot (like scratching their nose or reaching for a cup). Because of their mixed tone and trouble keeping a position, they may not be able to hold onto objects (such as a toothbrush or pencil). About one quarter of all people with CP have athetoid CP. The damage occurs to the extrapyramidal motor system and/or pyramidal tract and to the basal ganglia . It occurs in 10% to 20% percent of all cases. [ 12 ] . In newborn infants, high bilirubin levels in the blood, if left untreated, can lead to brain damage in certain areas ( kernicterus ). This may also lead to athetoid cerebral palsy.
Hypotonic
People with hypotonic CP appear limp and can move only a little or can't move at all.
Incidence and prevalence
In the industrialized world, the incidence of cerebral palsy is about 2 per 1000 live births. [ 13 ] The incidence is higher in males than in females; the Surveillance of Cerebral Palsy in Europe (SCPE) reports a M:F ratio of 1.33:1. [ 14 ] Variances in reported rates of incidence across different geographical areas in industrialised countries are thought to be caused primarily by discrepancies in the criteria used for inclusion and exclusion. When such discrepancies are taken into account in comparing two or more registers of patients with cerebral palsy (for example, the extent to which children with mild cerebral palsy are included), the incidence rates converge toward the average rate of 2:1000.
In the United States, approximately 10,000 infants and babies are diagnosed with CP each year, and 1200–1500 are diagnosed at preschool age. [ 15 ]
Overall, advances in care of pregnant mothers and their babies has not resulted in a noticeable decrease in CP. This is generally attributed to medical advances in areas related to the care of premature babies (which results in a greater survival rate). Only the introduction of quality medical care to locations with less-than-adequate medical care has shown any decreases. The incidence of CP increases with premature or very low-weight babies regardless of the quality of care. [ citation needed ]
Prevalence of cerebral palsy is best calculated around the school entry age of about six years, the prevalence in the U.S. is estimated to be 2.4 out of 1000 children [ 16 ]
The SCPE reported the following incidence of comorbidities in children with CP (the data are from 1980–1990 and included over 4,500 children over age 4 whose CP was acquired during the prenatal or neonatal period):

Mental disadvantage (IQ < 50): 31%
Active seizures: 21%
Mental disadvantage (IQ < 50) and not walking: 20%
Blindness: 11% [ 14 ]

The SCPE noted that the incidence of comorbidities is difficult to measure accurately, particularly across centers. For example, the actual rate of mental retardation may be difficult to determine, as the physical and communicational limitations of people with CP would likely lower their scores on an IQ test if they were not given a correctly modified version.
Apgar scores have sometimes been used as one factor to predict whether or not an individual will develop CP. [ 17 ]
Symptoms
All types of cerebral palsy are characterized by abnormal muscle tone (i.e. slouching over while sitting), reflexes, or motor development and coordination. There can be joint and bone deformities and contractures (permanently fixed, tight muscles and joints). The classical symptoms are spasticities, spasms, other involuntary movements (e.g. facial gestures), unsteady gait, problems with balance, and/or soft tissue findings consisting largely of decreased muscle mass. Scissor walking (where the knees come in and cross) and toe walking (which can contribute to a gait reminiscent of a marionette) are common among people with CP who are able to walk, but taken on the whole, CP symptomatology is very diverse. The effects of cerebral palsy fall on a continuum of motor dysfunction which may range from slight clumsiness at the mild end of the spectrum to impairments so severe that they render coordinated movement virtually impossible at the other end the spectrum.
Babies born with severe CP often have an irregular posture; their bodies may be either very floppy or very stiff. Birth defects, such as spinal curvature, a small jawbone, or a small head sometimes occur along with CP. Symptoms may appear or change as a child gets older. Some babies born with CP do not show obvious signs right away. Classically, CP becomes evident when the baby reaches the developmental stage at six and a half to 9 months and is starting to mobilise, where preferential use of limbs, asymmetry or gross motor developmental delay is seen.
Secondary conditions can include seizures , epilepsy , apraxia, dysarthria or other communication disorders, eating problems, sensory impairments, mental retardation , learning disabilities , and/or behavioral disorders.
Speech and language disorders are common in people with Cerebral Palsy. The incidence of dysarthria is estimated to range from 31% to 88%. Speech problems are associated with poor respiratory control, laryngeal and velopharyngeal dysfunction as well as oral articulation disorders that are due to restricted movement in the oral-facial muscles. There are three major types of dysarthria in cerebral palsy: spastic, dyskinetic (athetosis) and ataxic. Speech impairments in spastic dysarthria involves four major abnormalities of voluntary movement: spasticity, weakness, limited range of motion and slowness of movement. Speech mechanism impairment in athetosis involves a disorder in the regulation of breathing patterns, laryngeal dysfunction (monopitch, low, weak and breathy voice quality). It is also associated with articulatory dysfunction (large range of jaw movements), inappropriate positioning of the tongue, instability of velar elevation. Athetoid dysarthria is caused by disruption of the internal sensorimotor feedback system for appropriate motor commands, which leads to the generation of faulty movements that are perceived by others as involuntary. Ataxic dysarthria is uncommon in cerebral palsy. The speech characteristics are: imprecise consonants, irregular articulatory breakdown, distorted vowels, excess and equal stress, prolonged phonemes, slow rate, monopitch, monoloudness and harsh voice. [ 18 ] Overall language delay is associated with problems of mental retardation, hearing impairment and learned helplessness [ 3 ] . Children with cerebral palsy are at risk of learned helplessness and becoming passive communicators, initiating little communication. [ 3 ] Early intervention with this clientele often targets situations in which children communicate with others, so that they learn that they can control people and objects in their environment through this communication, including making choices, decisions and mistakes. [ 3 ]
History
CP, formerly known as "Cerebral Paralysis," was first identified by English surgeon William Little in 1860. Little raised the possibility of asphyxia during birth as a chief cause of the disorder. It was not until 1897 that Sigmund Freud , then a neurologist, suggested that a difficult birth was not the cause but rather only a symptom of other effects on fetal development. [ 19 ] Research conducted during the 1980s by the National Institute of Neurological Disorders and Stroke (NINDS) suggested that only a small number of cases of CP are caused by lack of oxygen during birth. [ 20 ]
Causes
While in certain cases there is no identifiable cause, other etiologies include problems in intrauterine development (e.g. exposure to radiation, infection), asphyxia before birth, hypoxia of the brain, and birth trauma during labor and delivery, and complications in the perinatal period or during childhood. [ 3 ] CP is also more common in multiple births .
Studies at the University of Liverpool have led to the hypothesis that many cases of cerebral palsy, and other conditions that an infant has at birth, are caused by the death in very early pregnancy of an identical twin. This may occur when twins have a joint circulation through sharing the same placenta . Not all identical twins share the same blood supply (monochorionic twins), but if they do, the suggestion is that perturbations in blood flow between them can cause the death of one and damage to the development of the surviving fetus. [ 21 ] [ 22 ] [ 23 ] It is common knowledge amongst obstetricians and midwives that a small dead fetus ( fetus papyraceus ) may sometimes be found attached to a placenta following birth. In the past, this has not been considered important and knowledge of the so called ‘ vanishing twin ’ has been suppressed to avoid triggering feelings of loss, grief, or guilt in mothers and especially the surviving twin. The pathological consequences depend on the severity and the stage of development of the fetus when the imbalances in blood flow between the fetuses occur. It has been proposed that such pathology could account, not just for cerebral palsy, but for developmental abnormalities of the eye, heart, and gut, and other specific brain abnormalities such as neuronal migration disorders e.g. lissencephaly and holoprosencephaly .
Between 40% and 50% of all children who develop cerebral palsy were born prematurely. Premature infants are vulnerable, in part because their organs are not fully developed, increasing the risk of hypoxic injury to the brain that may manifest as CP. A problem in interpreting this is the difficulty in differentiating between CP caused by damage to the brain that results from inadequate oxygenation and CP that arises from prenatal brain damage that then precipitates premature delivery.
Recent research has demonstrated that intrapartum asphyxia is not the most important cause, probably accounting for no more than 10 percent of all cases; rather, infections in the mother, even infections that are not easily detected, may triple the risk of the child developing the disorder, mainly as the result of the toxicity to the fetal brain of cytokines that are produced as part of the inflammatory response. [ 24 ] Low birthweight is a risk factor for CP—and premature infants usually have low birth weights, less than 2.0 kg, but full-term infants can also have low birth weights. Multiple-birth infants are also more likely than single-birth infants to be born early or with a low birth weight.
After birth, other causes include toxins, severe jaundice , lead poisoning , physical brain injury, shaken baby syndrome , incidents involving hypoxia to the brain (such as near drowning ), and encephalitis or meningitis . The three most common causes of asphyxia in the young child are: choking on foreign objects such as toys and pieces of food, poisoning, and near drowning.
Some structural brain anomalies such as lissencephaly may present with the clinical features of CP, although whether that could be considered CP is a matter of opinion (some people say CP must be due to brain damage, whereas people with these anomalies didn't have a normal brain). Often this goes along with rare chromosome disorders and CP is not genetic or hereditary.
Diagnosis
The diagnosis of cerebral palsy has historically rested on the patient's history and physical examination. Once diagnosed with cerebral palsy, further diagnostic tests are optional. The American Academy of Neurology published an article in 2004 reviewing the literature and evidence available on CT and MRI imaging. They suggested that neuroimaging with CT or MRI is warranted when the etiology of a patient's cerebral palsy has not been established - an MRI is preferred over CT due to diagnostic yield and safety. When abnormal, the neuroimaging study can suggest the timing of the initial damage. The CT or MRI is also capable of revealing treatable conditions, such as hydrocephalus , porencephaly , arteriovenous malformation , subdural hematomas and hygromas, and a vermian tumor [ 25 ] (which a few studies suggest are present 5 to 22%). Furthermore, an abnormal neuroimaging study indicates a high likelihood of associated conditions, such as epilepsy and mental retardation . [ 26 ]
Presentation: bones
In order for bones to attain their normal shape and size, they require the stresses from normal musculature. Osseous findings will therefore mirror the specific muscular deficits in a given person with CP. The shafts of the bones are often thin (gracile). When compared to these thin shafts (diaphyses) the metaphyses often appear quite enlarged (ballooning). With lack of use, articular cartilage may atrophy, leading to narrowed joint spaces. Depending on the degree of spasticity, a person with CP may exhibit a variety of angular joint deformities. Because vertebral bodies need vertical gravitational loading forces to develop properly, spasticity and an abnormal gait can hinder proper and/or full bone and skeletal development. People with CP tend to be shorter in height than the average person because their bones are not allowed to grow to their full potential. Sometimes bones grow to different lengths, so the person may have one leg longer than the other. [ citation needed ]
Prognosis
CP is not a progressive disorder (meaning the brain damage neither improves nor worsens), but the symptoms can become more severe over time due to subdural damage. A person with the disorder may improve somewhat during childhood if he or she receives extensive care from specialists, but once bones and musculature become more established, orthopedic surgery may be required for fundamental improvement. People who have CP tend to develop arthritis at a younger age than normal because of the pressure placed on joints by excessively toned and stiff muscles.
The full intellectual potential of a child born with CP will often not be known until the child starts school. People with CP are more likely to have some type of learning disability , but this is not related to a person's intellect or IQ level. Intellectual level among people with CP varies from genius to mentally retarded, as it does in the general population, and experts have stated that it is important to not underestimate a person with CP's capabilities and to give them every opportunity to learn. [ 27 ]
The ability to live independently with CP varies widely depending on the severity of each case. Some individuals with CP will require personal assistant services for all activities of daily living. Others can lead semi-independent lives, needing support only for certain activities. Still others can live in complete independence. The need for personal assistance often changes with increasing age and associated functional decline. However, in most cases persons with CP can expect to have a normal life expectancy; survival has been shown to be associated with the ability to ambulate, roll, and self-feed. [ 28 ] As the condition does not directly affect reproductive function, some persons with CP have children and parent successfully.
According to OMIM , only 2% of cases of CP are inherited (with glutamate decarboxylase-1 as one known enzyme involved.) [ 29 ] There is no evidence of an increased chance of a person with CP having a child with CP.
Treatment
There is no cure for CP, but various forms of therapy can help a person with the disorder to function and live more effectively. In general, the earlier treatment begins the better chance children have of overcoming developmental disabilities or learning new ways to accomplish the tasks that challenge them. The earliest proven intervention occurs during the infant's recovery in the neonatal intensive care unit (NICU) . Treatment may include one or more of the following: physical therapy; occupational therapy; speech therapy; drugs to control seizures, alleviate pain, or relax muscle spasms (e.g. benzodiazepienes, baclofen and intrathecal phenol/baclofen); hyperbaric oxygen; the use of Botox to relax contracting muscles; surgery to correct anatomical abnormalities or release tight muscles; braces and other orthotic devices; rolling walkers; and communication aids such as computers with attached voice synthesizers. For instance, the use of a standing frame can help reduce spasticity and improve range of motion for people with CP who use wheelchairs. Nevertheless, there is only some benefit from therapy. Treatment is usually symptomatic and focuses on helping the person to develop as many motor skills as possible or to learn how to compensate for the lack of them. Non-speaking people with CP are often successful availing themselves of augmentative and alternative communication systems such as Blissymbols .
Early Nutritional Support In one cohort study of 490 premature infants discharged from the NICU, the rate of growth during hospital stay was related to neurological function at 18 and 22 months of age. The study found a significant decrease in the incidence of cerebral palsy in the group of premature infants with the highest growth velocity. This study suggests that adequate nutrition and growth play a protective role in the development of cerebral palsy. [ 30 ]
Physiotherapy (PT) programs are designed to encourage the patient to build a strength base for improved gait and volitional movement, together with stretching programs to limit contractures. Many experts believe that life-long physiotherapy is crucial to maintain muscle tone, bone structure, and prevent dislocation of the joints.
Occupational therapy helps adults and children maximise their function, adapt to their limitations and live as independently as possible. [ 31 ] [ 32 ]
Orthotic devices such as ankle-foot orthoses (AFOs) are often prescribed to minimise gait irregularities. AFOs have been found to improve several measures of ambulation, including reducing energy expenditure [ 33 ] and increasing speed and stride length. [ 34 ]
Speech therapy helps control the muscles of the mouth and jaw, and helps improve communication. Just as CP can affect the way a person moves their arms and legs, it can also affect the way they move their mouth, face and head. This can make it hard for the person to breathe; talk clearly; and bite, chew and swallow food. Speech therapy often starts before a child begins school and continues throughout the school years. [ 35 ]
Hyperbaric oxygen therapy (HBOT), in which pressurized oxygen is inhaled inside a hyperbaric chamber , has been used to treat CP under the theory that improving oxygen availability to damaged brain cells can reactivate some of them to function normally. Its use to treat CP is controversial. A 2007 systematic review concluded that the effect of HBOT on CP is not significantly different from that of pressurized room air, and that some children undergoing HBOT will experience adverse events such as seizures and the need for ear pressure equalization tubes; due to poor quality of data assessment the review also concluded that estimates of the prevalence of adverse events are uncertain. [ 36 ]
Nutritional counseling may help when dietary needs are not met because of problems with eating certain foods.
Both massage therapy [ 37 ] and hatha yoga [ citation needed ] are designed to help relax tense muscles, strengthen muscles, and keep joints flexible. Hatha yoga breathing exercises are sometimes used to try to prevent lung infections. More research is needed to determine the health benefits of these therapies for people with CP.
Surgery for people with CP usually involves one or a combination of:

Loosening tight muscles and releasing fixed joints, most often performed on the hips, knees, hamstrings, and ankles. In rare cases, this surgery may be used for people with stiffness of their elbows, wrists, hands, and fingers.


The insertion of a Baclofen Pump usually during the stages while a patient is a young adult. This is usually placed in the left abdomen. It is a pump that is connected to the spinal cord, whereby it sends bits of Baclofen alleviating the continuous muscle flexion. Baclofen is a muscle relaxant and is often given PO to patients to help counter the effects of spasticity.


Straightening abnormal twists of the leg bones, i.e. femur (termed femoral anteversion or antetorsion) and tibia (tibial torsion). This is a secondary complication caused by the spastic muscles generating abnormal forces on the bones, and often results in intoeing (pigeon-toed gait). The surgery is called derotation osteotomy, in which the bone is broken (cut) and then set in the correct alignment. [ 38 ]


Cutting nerves on the limbs most affected by movements and spasms. This procedure, called a rhizotomy , "rhizo" meaning root and "tomy" meaning "a cutting of" from the Greek suffix 'tomia' reduces spasms and allows more flexibility and control of the affected limbs and joints. [ 39 ]


Botulinum Toxin A ( Botox ) injections into muscles that are either spastic or have contractures, the aim being to relieve the disability and pain produced by the inappropriately contracting muscle. [ 40 ]

A new study has found that cooling the bodies and blood of high-risk full-term babies shortly after birth may significantly reduce disability or death. [ 41 ]
Cord Blood Therapy : There are no published randomized controlled trials or meta-analysis of this treatment modality in cerebral palsy. In March 2008 a boy diagnosed with cerebral palsy appeared on the Today Show with his family. [ 42 ] The parents noted that he could not walk on his own and appeared to be "swallowing his tongue" at times. He was eventually diagnosed with cerebral palsy and could only walk with the aid of a walker for a short time. Earlier that year he participated in a clinical trial involving his own cord blood that his parents had saved when he was born. His parents reported that within 5 days after the procedure he was walking on his own and talking, something his mother said he was not capable of on his own and it was doubtful he would ever be able to do on his own. They also reported that the doctors also told them that if his rate of progress continues uninterrupted until he is 7 he will be pronounced cured.
Conductive education (CE) was developed in Hungary from 1945 based on the work of András Pető . It is a unified system of rehabilitation for people with neurological disorders including cerebral palsy, Parkinson's disease and multiple sclerosis, amongst other conditions. It is theorised to improve mobility, self-esteem, stamina and independence as well as daily living skills and social skills. The conductor is the professional who delivers CE in partnership with parents and children. Skills learned during CE should be applied to everyday life and can help to develop age-appropriate cognitive, social and emotional skills. It is available at specialized centers.
Biofeedback is an alternative therapy in which people with CP learn how to control their affected muscles. Some people learn ways to reduce muscle tension with this technique. Biofeedback does not help everyone with CP.
Neuro-cognitive therapy. It is based upon two proven principles. (1) Neural Plasticity. The brain is capable of altering its own structure and functioning to meet the demands of any particular environment. Consequently if the child is provided with an appropriate neurological environment, he will have the best chance of making progress. (2) Learning can lead to development. As early as the early 1900s, this was being proven by a psychologist named Lev Vygotsky. He proposed that children's learning is a social activity, which is achieved by interaction with more skilled members of society. There are many studies, which provide evidence for this claim. there are however, as yet no controlled studies on neuro-cognitive therapy.
Patterning is a controversial form of alternative therapy for people with CP. The method is promoted by The Institutes for the Achievement of Human Potential (IAHP), a Philadelphia nonprofit, but has been criticized by the American Academy of Pediatrics . [ 43 ] The IAHP's methods have been endorsed by Linus Pauling , [ 44 ] as well as some parents of children treated with their methods. [ 45 ] [ 46 ] [ 47 ]
Cultural aspects
Economic Impact Of Cerebral Palsy In Australia
Access Economics has released a report on the economic impact of cerebral palsy in Australia. Launched by the Hon. Bill Shorten, MP, the report found that, in 2007, the financial cost of cerebral palsy (CP) in Australia was $1.47 billion or 0.14% of GDP. When the value of lost well-being (disability and premature death) was added, the cost rose a further $2.4 billion. [ 48 ]
In 2007, the financial cost of CP was $1.47 billion (0.14% of GDP). Of this:

1.03 billion (69.9%) was productivity lost due to lower employment, absenteeism and premature death of Australians with CP;


141 million (9.6%) was the DWL from transfers including welfare payments and taxation forgone;


131 million (9.0%) was other indirect costs such as direct program services, aides and home modifications and the bringing-forward of funeral costs;


129 million (8.8%) was the value of the informal care for people with CP; and


40 million (2.8%) was direct health system expenditure.

Additionally, the value of the lost well-being (disability and premature death) was a further $2.4 billion.
In per capita terms, this amounts to a financial cost of $43,431 per person with CP per annum. Including the value of lost well-being, the cost is over $115,000 per person per annum.
Individuals with CP bear 37% of the financial costs, and their families and friends bear a further 6%. Federal government bears around one third (33%) of the financial costs (mainly through taxation revenues forgone and welfare payments). State governments bear under 1% of the costs, while employers bear 5% and the rest of society bears the remaining 19%. If the burden of disease (lost well-being) is included, individuals bear 76% of the costs.
Use of terms when referring to people with CP
Many people would rather be referred to as a person with a disability instead of handicapped. "Cerebral Palsy: A Guide for Care" at the University of Delaware offers the following guidelines: [ 49 ]

Impairment is the correct term to use to define a deviation from normal, such as not being able to make a muscle move or not being able to control an unwanted movement. Disability is the term used to define a restriction in the ability to perform a normal activity of daily living which someone of the same age is able to perform. For example, a three year old child who is not able to walk has a disability because a normal three year old can walk independently. Handicap is the term used to describe a child or adult who, because of the disability, is unable to achieve the normal role in society commensurate with his age and socio-cultural milieu. As an example, a sixteen-year-old who is unable to prepare his own meal or care for his own toileting or hygiene needs is handicapped. On the other hand, a sixteen-year-old who can walk only with the assistance of crutches but who attends a regular school and is fully independent in activities of daily living is disabled but not handicapped. All disabled people are impaired, and all handicapped people are disabled, but a person can be impaired and not necessarily be disabled, and a person can be disabled without being handicapped.

The term " spastic " describes the attribute of spasticity in types of spastic CP. In 1952 a UK charity called The Spastics Society was formed. [ 50 ] The term "spastics" was used by the charity as a term for people with CP. The words "spastic" and "spaz" have since been used extensively as a general insult to disabled people, which some see as extremely offensive. They are also frequently used to insult able-bodied people when they seem overly uncoordinated, anxious, or unskilled in sports. The charity changed its name to Scope in 1994. [ 50 ] In the United States the word spaz has the same usage as an insult, but is not generally associated with CP. [ 51 ]
Misconceptions
Spastic Cerebral Palsy, the most common form of CP, causes the muscles to be tense, rigid and movements are slow and difficult. This can be misinterpreted as cognitive delay due to difficulty of communication. Individuals with cerebral palsy can have learning difficulties, but sometimes it is the sheer magnitude of problems caused by the underlying brain injury that prevents the individual from expressing what cognitive abilities they do possess. [ 52 ]
Media Representations and Documentaries
Maverick documentary filmmaker Kazuo Hara criticizes the mores and customs of Japanese society in an unsentimental portrait of adults with cerebral palsy in his 1972 film "Goodbye CP" (Sayonara CP)". Focusing on how the CP victims are generally ignored or disregarded in Japan, Hara challenges his society's taboos about physical handicaps. Using a deliberately harsh style, with grainy black-and-white photography and out-of-sync sound, Hara brings a stark realism to his subject. [ 53 ]

vehicle and traffic law


Traffic on roads may consist of pedestrians , ridden or herded animals , vehicles , streetcars and other conveyances , either singly or together, while using the public way for purposes of travel. Traffic laws are the laws which govern traffic and regulate vehicles, while rules of the road are both the laws and the informal rules that may have developed over time to facilitate the orderly and timely flow of traffic.
Organized traffic generally has well-established priorities, lanes, right-of-way , and traffic control at intersections .
Traffic is formally organized in many jurisdictions, with marked lanes , junctions , intersections , interchanges , traffic signals , or signs . Traffic is often classified by type: heavy motor vehicle (e.g., car , truck ); other vehicle (e.g., moped , bicycle ); and pedestrian . Different classes may share speed limits and easement, or may be segregated. Some jurisdictions may have very detailed and complex rules of the road while others rely more on drivers' common sense and willingness to cooperate.
Organization typically produces a better combination of travel safety and efficiency. Events which disrupt the flow and may cause traffic to degenerate into a disorganized mess include: road construction , collisions and debris in the roadway . On particularly busy freeways, a minor disruption may persist in a phenomenon known as traffic waves . A complete breakdown of organization may result in traffic jams and gridlock . Simulations of organized traffic frequently involve queuing theory , stochastic processes and equations of mathematical physics applied to traffic flow .
Traffic in English is taken from the Arabic word taraffaqa , which means to walk along slowly together.




Contents


1 Rules of the road

1.1 Directionality
1.2 Traffic regulations


2 Organized traffic

2.1 Priority (right of way)

2.1.1 Uncontrolled traffic


2.2 Turning

2.2.1 Intersections
2.2.2 Pedestrian crossings


2.3 Level crossings
2.4 Speed limits
2.5 Overtaking

2.5.1 Lanes


2.6 One-way roadways

2.6.1 Expressways and freeways
2.6.2 One-way streets




3 Congested traffic

3.1 Rush hour


4 Congestion mitigation

4.1 Rush hour policies
4.2 Pre-emption
4.3 Intelligent transportation systems


5 See also
6 External links
7 References





//

Rules of the road




Traffic controller in Chicago , Michigan Avenue






Traffic control in Rome , Italy . This traffic control podium can retract back to road level when not in use.


Rules of the road are the general practices and procedures that road users are required to follow. These rules usually apply to all road users, though they are of special importance to motorists and cyclists . These rules govern interactions between vehicles and with pedestrians . The basic traffic rules are defined by an international treaty under the authority of the United Nations , the 1968 Vienna Convention on Road Traffic . Not all countries are signatory to the convention and, even among signatories, local variations in practice may be found. There are also unwritten local rules of the road, which are generally understood by local drivers.
As a general rule, drivers are expected to avoid a collision with another vehicle and pedestrians, regardless of whether or not the applicable rules of the road allow them to be where they happen to be.
In addition to the rules applicable by default, traffic signs and traffic lights must be obeyed, and instructions may be given by a police officer, either routinely (on a busy crossing instead of traffic lights) or as road traffic control around a construction zone, accident, or other road disruption.
These rules should be distinguished from the mechanical procedures required to operate one's vehicle. See driving .
Directionality
Main articles: Bidirectional traffic and right- and left-hand traffic
Traffic going in opposite directions should be separated in such a way that they do not block each other's way. The most basic rule is whether to use the left or right side of the road.




United States : The Ohio Uniform Traffic Ticket prescribed by the Supreme Court of Ohio for use in moving violations


Traffic regulations
See also: Category:Rules of the road
In many countries, the rules of the road are codified, setting out the legal requirements and punishments for breaking them.
In the United Kingdom , the rules are set out in the Highway Code , which includes obligations but also advice on how to drive sensibly and safely.
In the United States , traffic laws are regulated by the states and municipalities through their respective traffic codes . Most of these are based at least in part on the Uniform Vehicle Code , but there are variations from state to state. In states such as Florida , traffic law and criminal law are separate, therefore, unless someone flees a scene of an accident, commits vehicular homicide or manslaughter, they are only guilty of a minor traffic offense. However, states such as South Carolina have completely criminalized their traffic law, so, for example, you are guilty of a misdemeanor simply for travelling 5 miles over the speed limit.
Organized traffic
Priority (right of way)
See also: Right-of-way
Vehicles often come into conflict with other vehicles and pedestrians because their intended courses of travel intersect, and thus interfere with each other's routes. The general principle that establishes who has the right to go first is called "right of way", or "priority". It establishes who has the right to use the conflicting part of the road and who has to wait until the other does so.
Signs, signals, markings and other features are often used to make priority explicit. Some signs, such as the stop sign , are nearly universal. When there are no signs or markings, different rules are observed depending on the location. These default priority rules differ between countries, and may even vary within countries. Trends toward uniformity are exemplified at an international level by the Vienna Convention on Road Signs and Signals , which prescribes standardized traffic control devices (signs, signals, and markings) for establishing the right of way where necessary.
Crosswalks (or pedestrian crossings) are common in populated areas, and may indicate that pedestrians have priority over vehicular traffic. In most modern cities, the traffic signal is used to establish the right of way on the busy roads. Its primary purpose is to give each road a duration of time in which its traffic may use the intersection in an organized way. The intervals of time assigned for each road may be adjusted to take into account factors such as difference in volume of traffic, the needs of pedestrians, or other traffic signals. Pedestrian crossings may be located near other traffic control devices; if they are not also regulated in some way, vehicles must give priority to them when in use. Traffic on a public road usually has priority over other traffic such as traffic emerging from private access; rail crossings and drawbridges are typical exceptions.
Uncontrolled traffic
Uncontrolled traffic occurs in the absence of lane markings and traffic control signals . On roads without marked lanes, drivers tend to keep to the appropriate side if the road is wide enough. Drivers frequently overtake others. Obstructions are common.
Intersections have no signals or signage, and a particular road at a busy intersection may be dominant – that is, its traffic flows – until a break in traffic, at which time the dominance shifts to the other road where vehicles are queued. At the intersection of two perpendicular roads, a traffic jam may result if four vehicles face each other side-on.
Turning
Drivers will often want to cease to travel a straight line and turn onto another road or onto private property. The vehicle's directional signals (blinkers) are often used as a way to announce one's intention to turn, thus alerting other drivers. The actual usage of blinkers varies greatly amongst countries, although its purpose should be the same in all countries: to indicate a driver's intention to depart from the current (and natural) flow of traffic well before the departure is executed (typically 3 seconds as a guideline).
This will usually mean that turning traffic will have to stop in order to wait for a breach to turn, and this might cause inconvenience for drivers that follow them but do not want to turn. This is why dedicated lanes and protected traffic signals for turning are sometimes provided. On busier intersections where a protected lane would be ineffective or cannot be built, turning may be entirely prohibited, and drivers will be required to "drive around the block" in order to accomplish the turn. Many cities employ this tactic quite often; in San Francisco , due to its common practice, making three right turns is known colloquially as a "San Francisco left turn". Likewise, as many intersections in Taipei City are too busy to allow direct left turns, signs often direct drivers to drive around the block to turn.
Turning rules are by no means universal. In New Zealand, for example, left turning traffic must give way to opposing "right turning" traffic, i.e., traffic turning into a driver's path (unless there are multiple lanes to turn into).
On roads with multiple lanes, turning traffic is generally expected to move to the lane closest to the direction they wish to turn. For example, traffic intending to turn right will usually move to the rightmost lane before the intersection. Likewise, left-turning two rightmost lanes will be of authority; for example, it is common for drivers to observe (and trust) the turn signals used by other drivers in order to make turns from other lanes. For example if several vehicles on the right lane are all turning right, a vehicle may come from the next-to-right lane and turn right as well, doing so in parallel with the other right-turning vehicles.
Intersections
Main article: intersection (road)




This intersection in San Jose, California has crosswalks, left-turn lanes, and traffic lights .






A diagram of movement within a roundabout in a country where traffic drives on the left. A roundabout is a type of road junction , or traffic calming device, at which traffic streams circularly around a central island after first yielding to the circulating traffic. Unlike with traffic circles, vehicles on a roundabout have priority over the entering vehicle, parking is not allowed and pedestrians are usually prohibited from the central island.






Diagram of an example intersection of two-way streets as seen from above (traffic flows on the right side of the road). The East-West street has left turn lanes from both directions, but the North-South street does not have left turn lanes at this intersection. The East-West street traffic lights also have green left turn arrows to show when unhindered left turns can be made. Some possible markings for crosswalks are shown as examples.


In most of Continental Europe , the default rule is to give priority to the right , but this may be overridden by signs or road markings, and does not apply at T-shaped junctions in some of these countries, such as France . There, priority was initially given according to the social rank of each traveler, but early in the life of the automobile this rule was deemed impractical and replaced with the priorité à droite (priority to the right) rule, which still applies. At a traffic circle where priorité à droite is not overridden, traffic on what would otherwise be a roundabout gives way to traffic entering the circle. Most French roundabouts now have give-way signs for traffic entering the circle, but there remain some notable exceptions that operate on the old rule, such as the Place de l'Étoile around the Arc de Triomphe . Traffic at this intersection is so chaotic that French insurance companies deem any accident on the roundabout to be equal liability. [ 1 ] Priority to the right where used in continental Europe may be overridden by an ascending hierarchy of markings, signs, signals, and authorized persons.
In the United Kingdom , priority is always indicated by signs or markings, so that every junction between public roads (except those governed by traffic signals) has a concept of a major road and minor road. The default give-way-to-the-right rule used in Continental Europe causes problems for many British and Irish drivers who are accustomed to having right of way by default unless they are specifically told to give way.
Other countries use various methods similar to the above examples to establish the right of way at intersections. For example, in most of the United States , the default priority is to yield to traffic from the right, but this is usually overridden by traffic control devices or other rules, like the boulevard rule . This rule holds that traffic entering a major road from a smaller road or alley must yield to the traffic of the busier road, but signs are often still posted. The boulevard rule can be compared with the above concept of a major and minor road, or the priority roads that may be found in countries that are parties to the Vienna Convention on Road Signs and Signals.
Perpendicular intersections Also known as a "four-way" intersection, this intersection is the most common configuration for roads that cross each other, and the most basic type.
If traffic signals do not control a 4-way intersection, signs or other features are typically used to control movements and make clear priorities. The most common arrangement is to indicate that one road has priority over the other, but there are complex cases where all traffic approaching an intersection must yield and may be required to stop.
In the United States , South Africa , and Canada , there are four-way intersections with a stop sign at every entrance, called four-way stops. A failed signal or a flashing red light is equivalent to a four-way stop, or an all-way stop . Special rules for four-way stops may include:

In the countries that use four-way stops, pedestrians always have priority at crosswalks – even at unmarked ones, which exist as the logical continuations of the sidewalks at every intersection with approximately right angles – unless signed or painted otherwise.
Whichever vehicle first stops at the stop line – or before the crosswalk, if there is no stop line – has priority.
If two vehicles stop at the same time, priority is given to the vehicle on the right.
If three vehicles stop at the same time, priority is given to the two vehicles going in opposite directions, if possible.
If four vehicles stop, drivers usually use gestures and other communication to establish right-of-way.

In Europe and other places, there are similar intersections. These may be marked by special signs (according to the Vienna Convention on Road Signs and Signals ), a danger sign with a black X representing a crossroads. This sign informs drivers that the intersection is uncontrolled and that default rules apply. In Europe and in many areas of North America the default rules that apply at uncontrolled four-way intersections are almost identical:

Rules for pedestrians differ by country, in the United States and Canada pedestrians generally have priority at such an intersection.
All vehicles must give priority to any traffic approaching from their right,
Then, if the vehicle is turning right or continuing on the same road it may proceed.
Vehicles turning left must also give priority to traffic approaching from the opposite direction, unless that traffic is also turning left.
If the intersection is congested, vehicles must alternate directions and/or circulate priority to the right one vehicle at a time.

Pedestrian crossings
Main article: Pedestrian crossing




A picture of Avenida Faria Lima in São Paulo , Brazil , showing a semaphore -controlled pedestrian crossing, and several red lights on several intersections ahead.


Pedestrians must often cross from one side of a road to the other, and in doing so may come into the way of vehicles traveling on the road. In many places pedestrians are entirely left to look after themselves, that is, they must observe the road and cross when they can see that no traffic will threaten them. Busier cities usually provide pedestrian crossings , which are strips of the road where pedestrians are expected to cross.
The actual appearance of pedestrian crossings varies greatly, but the two most common appearances are: (1) a series of parallel white stripes or (2) two long horizontal white lines. The former is usually preferred, as it stands out more conspicuously against the dark pavement.
Some pedestrian crossings also accompany a traffic signal which will make vehicles stop at regular intervals so the pedestrians can cross. Some countries have "intelligent" pedestrian signals, where the pedestrian must push a button in order to assert his intention to cross. The traffic signal will use that information to schedule itself, that is, when no pedestrians are present the signal will never pointlessly cause vehicle traffic to stop.
Pedestrian crossings without traffic signals are also common. In this case, the traffic laws usually states that the pedestrian has the right of way when crossing, and that vehicles must stop when a pedestrian uses the crossing. Countries and driving cultures vary greatly as to the extent to which this is respected. In the state of Nevada the car has the right of way when the crosswalk signal specifically forbids pedestrian crossing.
Some jurisdictions forbid crossing or using the road anywhere other than at crossings, termed jaywalking . In other areas, pedestrians may have the right to cross where they choose, and have right of way over vehicular traffic while crossing.
In most areas, an intersection is considered to have a crosswalk, even if not painted, as long as the roads meet at approximate right angles. Examples of locations where this rule is not in effect are the United Kingdom and Croatia .
Pedestrian crossings may also be located away from intersections.
Level crossings
Main article: Level crossing




An example of a typical rail crossing in the United States.


A level crossing is an at-grade intersection of a railway by a road. Because of safety issues, they are often equipped with closable gates , crossing bells and warning signs.
Speed limits
Main article: Speed limit
The higher the speed of a vehicle, the more difficult collision avoidance becomes and the greater the damage if a collision does occur. Therefore, many countries of the world limit the maximum speed allowed on their roads. Vehicles are not supposed to be driven at speeds which are higher than the posted maximum.
To enforce speed limits, two approaches are generally employed. In the United States , it is common for the police to patrol the streets and use special equipment (typically a radar unit) to measure the speed of vehicles, and pull over any vehicle found to be in violation of the speed limit. In Brazil and some European countries, there are computerized speed-measuring devices spread throughout the city, which will automatically detect speeding drivers and take a photograph of the license plate (or number plate), which is later used for applying and mailing the ticket. Many jurisdictions in the U.S. use this technology as well.
A mechanism that was developed in Germany is the Grüne Welle , or green wave , which is an indicator that shows the optimal speed to travel for the synchronized green lights along that corridor. Driving faster or slower than the speed set by the behavior of the lights causes the driver to frequently encounter red lights. This discourages drivers from speeding or impeding the flow of traffic. See related traffic wave .
Overtaking
Main article: overtaking
Overtaking (or passing ) refers to a maneuver by which one or more vehicles traveling in the same direction are passed by another vehicle. On two-lane roads, when there is a split line or a dashed line on the side of the overtaker, drivers may overtake when it is safe. On multi-lane roads in most jurisdictions, overtaking is permitted in the "slower" lanes, though many require a special circumstance. See "Lanes" below.
In the United Kingdom and Canada , notably on extra-urban roads, a solid white or yellow line closer to the driver is used to indicate that no overtaking is allowed in that lane. A double white or yellow line means that neither side may overtake.
In the United States , a solid white line means that lane changes are discouraged and a double-white line means that the lane change is prohibited.
Lanes








Changing lanes on an 8-lane road in Gothenburg , Sweden


When a street is wide enough to accommodate several vehicles traveling side-by-side, it is usual for traffic to organize itself into lanes , that is, parallel corridors of traffic. Some roads have one lane for each direction of travel and others have multiple lanes for each direction. Most countries apply pavement markings to clearly indicate the limits of each lane and the direction of travel that it must be used for. In other countries lanes have no markings at all and drivers follow them mostly by intuition rather than visual stimulus.
On roads that have multiple lanes going in the same direction, drivers may usually shift amongst lanes as they please, but they must do so in a way that does not cause inconvenience to other drivers. Driving cultures vary greatly on the issue of "lane ownership": in some countries, drivers traveling in a lane will be very protective of their right to travel in it while in others drivers will routinely expect other drivers to shift back and forth.
Designation and overtaking
The usual designation for lanes on divided highways is the fastest lane is the one closest to the center of the road, and the slowest to the edge of the road. Drivers are usually expected to keep in the slowest lane unless overtaking , though with more traffic congestion all lanes are often used.
When driving on the left:

The lane designated for faster traffic is on the right.
The lane designated for slower traffic is on the left.
Most freeway exits are on the left.
Overtaking is permitted to the right, and sometimes to the left.

When driving on the right:

The lane designated for faster traffic is on the left.
The lane designated for slower traffic is on the right.
Most freeway exits are on the right.
Overtaking is permitted to the left, and sometimes to the right.

Countries party to the Vienna Convention on Road Traffic have uniform rules about overtaking and lane designation. The convention details (amongst other things) that "Every driver shall keep to the edge of the carriageway appropriate to the direction of traffic", and the "Drivers overtaking shall do so on the side opposite to that appropriate to the direction of traffic", notwithstanding the presence or absence of oncoming traffic. Allowed exceptions to these rules include turning or heavy traffic, traffic in lines, or situation in which signs or markings must dictate otherwise. These rules must be more strictly adhered to on roads with oncoming traffic, but still apply on multi-lane and divided highways. Many countries in Europe are party to the Vienna Conventions on traffic and roads. In Australia (which is not a contracting party), traveling in any lane other than the "slow" lane with a speed limit at or above 80 km/h (50 mph) is an offence, unless signage is posted to the contrary or the driver is overtaking.
Many areas in North America do not have any laws about staying to the slowest lanes unless overtaking. In those areas, unlike many parts of Europe, traffic is allowed to overtake on any side, even in a slower lane. This practice is known as "passing on the right" in the United States (where it is common [ citation needed ] ) and "overtaking on the inside" and "undertaking" in the United Kingdom . In most countries, the inside lane refers to the fastest lane (the lane closest to the highway median ), but in the United Kingdom, it refers to the slowest lane (the lane that is in fact outside).
U.S.-state-specific practices
In some U.S. states (such as Louisiana , Massachusetts and New York ), although there are laws requiring all traffic on a public way to use the right-most lane unless overtaking, this rule is often ignored and seldom enforced on multi-lane roadways. Some states, such as Colorado , use a combination of laws and signs restricting speeds or vehicles on certain lanes to emphasize overtaking only on the left lane, and to avoid a psychological condition commonly called road rage .
In California , cars may use any lane on multi-lane roadways. Drivers moving slower than the general flow of traffic are required to stay in the right-most lanes (by California Vehicle Code (CVC) 21654 ) to keep the way clear for faster vehicles and thus speed up traffic. However, faster drivers may legally pass in the slower lanes if conditions allow (by CVC 21754 ). But the CVC also requires trucks to stay in the right lane, or in the right two lanes if the roadway has four or more lanes going in their direction. The oldest freeways in California, and some freeway interchanges, often have ramps on the left, making signs like "TRUCKS OK ON LEFT LANE" or "TRUCKS MAY USE ALL LANES" necessary to override the default rule. Lane splitting , or riding motorcycles in the space between cars in traffic, is permitted as long as it is done in a safe and prudent manner. [ 2 ]
[ edit ] One-way roadways

Main articles: One-way traffic and Dual carriageway

In order to increase traffic capacity and safety, a route may have two or more separate roads for each direction of traffic. Alternatively, a given road might be declared one-way .
Expressways and freeways

Main articles: Expressway and Freeway

In large cities, moving from one part of the city to another by means of ordinary streets and avenues can be time-consuming since traffic is often slowed by at-grade junctions , tight turns, narrow marked lanes and lack of a minimum speed limit . Therefore, it has become common practice for larger cities to build expressways or freeways , which are large and wide roadways with limited access, that typically run for long distances without at-grade junctions .
The words expressway and freeway have varying meanings in different jurisdictions and in popular use in different places; however, there are two different types of roads used to provide high-speed access across urban areas:

The freeway (in U.S. usage) or motorway in UK usage, is a divided multi-lane highway with fully-controlled access and grade-separated intersections (no cross traffic). Some freeways are called expressways , super-highways , or turnpikes , depending on local usage. Access to freeways is fully controlled; entering and leaving the freeway is permitted only at grade-separated interchanges.
The expressway (when the name does not refer to a freeway or motorway) is usually a broad multi-lane avenue, frequently divided, with some grade-level intersections (although usually only where other expressways or arterial roads cross).

Motor vehicle drivers wishing to travel over great distances within the city will usually take the freeways or expressways in order to minimize travel time. When a crossing road is at the same grade as the freeway, a bridge (or, less often, an underpass ) will be built for the crossing road. If the freeway is elevated, the crossing road will pass underneath it.
Minimum speed signs are sometimes posted (although increasingly rare) and usually indicate that any vehicle traveling slower than 40 mph (64 km/h) should indicate a slower speed of travel to other motor vehicles by engaging the vehicle's four-way flashing lights. Alternative slower-than-posted speeds may be in effect, based on the posted speed limit of the highway/freeway.
Systems of freeways and expressways are also built to connect distant and regional cities, notable systems include the Interstate highways , the Autobahnen and the Expressway Network of the People's Republic of China .
[ edit ] One-way streets
In more sophisticated systems such as large cities, this concept is further extended: some streets are marked as being one-way , and on those streets all traffic must flow in only one direction, but pedestrians on the sidewalks are generally not limited to one-way movement. A driver wishing to reach a destination he already passed must use other streets in order to return. Usage of one-way streets, despite the inconveniences it can bring to individual drivers, can greatly improve traffic flow since they usually allow traffic to move faster and tend to simplify intersections.
Congested traffic




Traffic slows to a crawl on the Monash Freeway in Melbourne , Australia through peak hour traffic.


Main article: Traffic congestion
In some places traffic volume is consistently, extremely large, either during periods of time referred to as rush hour or perpetually. Exceptionally, traffic upstream of an accident or an obstruction, such as construction , may also be constrained, resulting in a traffic jam . Such dynamics in relation to traffic congestion is known as traffic flow . Traffic engineers sometimes gauge the quality of traffic flow in terms of level of service .
Rush hour
Main article: Rush hour
During business days in most major cities, traffic congestion reaches great intensity at predictable times of the day due to the large number of vehicles using the road at the same time. This phenomenon is called rush hour or peak hour , although the period of high traffic intensity often exceeds one hour.
Congestion mitigation
Main article: Traffic congestion
Rush hour policies
Some cities adopt policies to reduce rush-hour traffic and pollution and encourage the use of public transportation. For example, in São Paulo , Manila [ citation needed ] and in Mexico City , each vehicle has a specific day of the week in which it is forbidden from traveling the roads during rush hour. The day for each vehicle is taken from the license plate number, and this rule is enforced by traffic police and also by hundreds of strategically positioned traffic cameras backed by computerized image-recognition systems that issue tickets to offending drivers.
In the United States and Canada, several expressways have a special lane (called an "HOV Lane" - High Occupancy Vehicle Lane ) that can only be used by cars carrying two (some locations-three) or more people. Also, many major cities have instituted strict parking prohibitions during rush hour on major arterial streets leading to and from the central business district. During designated weekday hours, vehicles parked on these primary routes are subject to prompt ticketing and towing at owner expense. The purpose of these restrictions is to make available an additional traffic lane in order to maximize available traffic capacity. Additionally, several cities offer a public telephone service where citizens can arrange rides with others depending on where they live and work. The purpose of these policies is to reduce the number of vehicles on the roads and thus reduce rush-hour traffic intensity.
Metered freeways are also a solution for controlling rush hour traffic. In Phoenix, Arizona metered on-ramps have been implemented. During rush hour, traffic signals are used with green lights to allow one car per blink of the light to proceed on to the freeway.
Pre-emption
In some areas, emergency responders are provided with specialized equipment which allows emergency response vehicles, particularly fire fighting apparatus , to have high-priority travel by having the lights along their route change to green. The technology behind these methods have evolved, from panels at the fire department (which could trigger and control green lights for certain major corridors) to optical systems (which the individual fire apparatus can be equipped with to communicate directly with receivers on the signal head). In other areas, public transport buses have special equipment to get green lights.
During emergencies where evacuation of a heavily populated area is required, local authorities may institute contraflow lane reversal , in which all lanes of a road lead away from a danger zone regardless of their original flow. Aside from emergencies, contraflow may also be used to ease traffic congestion during rush hour or at the end of a sports event (where a large number of cars are leaving the venue at the same time). For example, the six lanes of the Lincoln Tunnel can be changed from three in-bound and three out-bound to a two/four configuration depending on traffic volume. The Brazilian highways Rodovia dos Imigrantes and Rodovia Anchieta connect São Paulo to the Atlantic coast. Almost all lanes of both highways are usually reversed during weekends to allow for heavy seaside traffic. The reversibility of the highways requires many additional highway ramps and complicated interchanges .
Intelligent transportation systems
An intelligent transportation system (ITS) is a system of hardware, software, and operators that allow better monitoring and control of traffic in order to optimize traffic flow. As the number of vehicle lane miles traveled per year continues to increase dramatically, and as the number of vehicle lane miles constructed per year has not been keeping pace, this has led to ever-increasing traffic congestion . As a cost-effective solution toward optimizing traffic, ITS presents a number of technologies to reduce congestion by monitoring traffic flows through the use of sensors and live cameras or analysing cellular phone data travelling in cars ( floating car data ) and in turn rerouting traffic as needed through the use of variable message boards (VMS), highway advisory radio, on board or off board navigation devices and other systems through integration of traffic data with navigation systems . Additionally, the roadway network has been increasingly fitted with additional communications and control infrastructure to allow traffic operations personnel to monitor weather conditions, for dispatching maintenance crews to perform snow or ice removal, as well as intelligent systems such as automated bridge de-icing systems which help to prevent accidents.
See also



Wikimedia Commons has media related to: Traffic



Air traffic control
Road traffic control
Bicycle safety
Cross-sea traffic ways
Floating car data
Induced demand
Institute of Transportation Engineers
International Regulations for Preventing Collisions at Sea
Line source
Road traffic safety
Road safety
Road transport
Rules of the road in the People's Republic of China
Rules of the road in New Zealand
Traffic law
Traffic psychology
Transport
Transportation forecasting
Vehicle travel
Web traffic

law


Law [ 4 ] is a system of rules, usually enforced through a set of institutions . [ 5 ] It shapes politics , economics and society in numerous ways and serves as a primary social mediator of relations between people. Contract law regulates everything from buying a bus ticket to trading on derivatives markets . Property law defines rights and obligations related to the transfer and title of personal (often referred to as chattel) and real property . Trust law applies to assets held for investment and financial security, while tort law allows claims for compensation if a person's rights or property are harmed . If the harm is criminalised in a statute, criminal law offers means by which the state can prosecute the perpetrator. Constitutional law provides a framework for the creation of law, the protection of human rights and the election of political representatives. Administrative law is used to review the decisions of government agencies, while international law governs affairs between sovereign nation states in activities ranging from trade to environmental regulation or military action. Writing in 350 BC, the Greek philosopher Aristotle declared, "The rule of law is better than the rule of any individual." [ 6 ]
Legal systems elaborate rights and responsibilities in a variety of ways. A general distinction can be made between civil law jurisdictions , which codify their laws, and common law systems, where judge made law is not consolidated. In some countries, religion informs the law. Law provides a rich source of scholarly inquiry, into legal history , philosophy , economic analysis or sociology . Law also raises important and complex issues concerning equality , fairness and justice . "In its majestic equality", said the author Anatole France in 1894, "the law forbids rich and poor alike to sleep under bridges, beg in the streets and steal loaves of bread." [ 7 ] In a typical democracy , the central institutions for interpreting and creating law are the three main branches of government , namely an impartial judiciary , a democratic legislature , and an accountable executive . To implement and enforce the law and provide services to the public, a government's bureaucracy, the military and police are vital. While all these organs of the state are creatures created and bound by law, an independent legal profession and a vibrant civil society inform and support their progress.




Contents


1 Legal subjects

1.1 International law
1.2 Constitutional and administrative law
1.3 Criminal law
1.4 Contract law
1.5 Tort law
1.6 Property law
1.7 Equity and trusts
1.8 Further disciplines


2 Legal systems

2.1 Civil law
2.2 Common law and equity
2.3 Religious law


3 Legal theory

3.1 History of law
3.2 Philosophy of law
3.3 Economic analysis of law
3.4 Sociology of law


4 Legal institutions

4.1 Judiciary
4.2 Legislature
4.3 Executive
4.4 Military and police
4.5 Bureaucracy
4.6 Legal profession
4.7 Civil society
4.8 Gangs, Organized Crime and Secret Societies


5 See also
6 Notes
7 References
8 External links





//

Legal subjects
All legal systems deal with the same basic issues, but each country categorises and identifies its legal subjects in different ways. A common distinction is that between " public law " (a term related closely to the state , and including constitutional, administrative and criminal law), and " private law " (which covers contract, tort and property). [ 8 ] In civil law systems, contract and tort fall under a general law of obligations , while trusts law is dealt with under statutory regimes or international conventions . International, constitutional and administrative law, criminal law, contract, tort, property law and trusts are regarded as the "traditional core subjects", [ 9 ] although there are many further disciplines which may be of greater practical importance.
International law
Main articles: Public international law , Conflict of laws , and European Union law




Providing a constitution for public international law, the United Nations system was agreed during World War II


International law can refer to three things: public international law, private international law or conflict of laws and the law of supranational organisations.

Public international law concerns relationships between sovereign nations. The sources for public international law development are custom , practice and treaties between sovereign nations, such as the Geneva Conventions . Public international law can be formed by international organisations , such as the United Nations (which was established after the failure of the League of Nations to prevent the Second World War ), [ 10 ] the International Labour Organisation , the World Trade Organisation , or the International Monetary Fund . Public international law has a special status as law because there is no international police force, and courts (e.g. the International Court of Justice as the primary UN judicial organ) lack the capacity to penalise disobedience. [ 11 ] However, a few bodies, such as the WTO, have effective systems of binding arbitration and dispute resolution backed up by trade sanctions. [ 12 ]


Conflict of laws (or "private international law" in civil law countries) concerns which jurisdiction a legal dispute between private parties should be heard in and which jurisdiction's law should be applied. Today, businesses are increasingly capable of shifting capital and labour supply chains across borders, as well as trading with overseas businesses, making the question of which country has jurisdiction even more pressing. Increasing numbers of businesses opt for commercial arbitration under the New York Convention 1958 . [ 13 ]


European Union law is the first and, so far, only example of a supranational legal framework . Given the trend of increasing global economic integration, many regional agreements—especially the Union of South American Nations —are on track to follow the same model. In the EU, sovereign nations have gathered their authority in a system of courts and political institutions . These institutions are allowed the ability to enforce legal norms both against or for member states and citizens in a manner which is not possible through public international law. [ 14 ] As the European Court of Justice said in the 1960s, European Union law constitutes "a new legal order of international law" for the mutual social and economic benefit of the member states. [ 15 ]

Constitutional and administrative law
Main articles: Constitutional law and Administrative law




The French Declaration of the Rights of Man and of the Citizen , whose principles still have constitutional value


Constitutional and administrative law govern the affairs of the state. Constitutional law concerns both the relationships between the executive, legislature and judiciary and the human rights or civil liberties of individuals against the state. Most jurisdictions, like the United States and France , have a single codified constitution, with a Bill of Rights . A few, like the United Kingdom , have no such document. A "constitution" is simply those laws which constitute the body politic , from statute , case law and convention . A case named Entick v Carrington [ 16 ] illustrates a constitutional principle deriving from the common law. Mr Entick's house was searched and ransacked by Sheriff Carrington. When Mr Entick complained in court, Sheriff Carrington argued that a warrant from a Government minister, the Earl of Halifax , was valid authority. However, there was no written statutory provision or court authority. The leading judge, Lord Camden , stated that,

The great end, for which men entered into society, was to secure their property. That right is preserved sacred and incommunicable in all instances, where it has not been taken away or abridged by some public law for the good of the whole ... If no excuse can be found or produced, the silence of the books is an authority against the defendant, and the plaintiff must have judgment. [ 17 ]

The fundamental constitutional principle, inspired by John Locke , holds that the individual can do anything but that which is forbidden by law, and the state may do nothing but that which is authorised by law. [ 18 ] [ 19 ] Administrative law is the chief method for people to hold state bodies to account. People can apply for judicial review of actions or decisions by local councils, public services or government ministries, to ensure that they comply with the law. The first specialist administrative court was the Conseil d'État set up in 1799, as Napoleon assumed power in France. [ 20 ]
Criminal law
Main article: Criminal law
Criminal law, also known as penal law, pertains to crimes and punishment. [ 21 ] It thus regulates the definition of and penalties for offences found to have a sufficiently deleterious social impact but, in itself, makes no moral judgement on an offender nor imposes restrictions on society that physically prevents people from committing a crime in the first place. [ 22 ] Investigating, apprehending, charging, and trying suspected offenders is regulated by the law of criminal procedure . [ 23 ] The paradigm case of a crime lies in the proof, beyond reasonable doubt , that a person is guilty of two things. First, the accused must commit an act which is deemed by society to be criminal, or actus reus (guilty act). [ 24 ] Second, the accused must have the requisite malicious intent to do a criminal act, or mens rea (guilty mind). However for so called " strict liability " crimes, an actus reus is enough. [ 25 ] Criminal systems of the civil law tradition distinguish between intention in the broad sense ( dolus directus and dolus eventualis ), and negligence. Negligence does not carry criminal responsibility unless a particular crime provides for its punishment. [ 26 ] [ 27 ]




A depiction of a 1600s criminal trial , for witchcraft in Salem


Examples of crimes include murder , assault , fraud and theft . In exceptional circumstances defences can apply to specific acts, such as killing in self defence , or pleading insanity . Another example is in the 19th century English case of R v Dudley and Stephens , which tested a defence of " necessity ". The Mignonette , sailing from Southampton to Sydney , sank. Three crew members and Richard Parker, a 17 year old cabin boy, were stranded on a raft. They were starving and the cabin boy was close to death. Driven to extreme hunger, the crew killed and ate the cabin boy. The crew survived and were rescued, but put on trial for murder. They argued it was necessary to kill the cabin boy to preserve their own lives. Lord Coleridge , expressing immense disapproval, ruled, "to preserve one's life is generally speaking a duty, but it may be the plainest and the highest duty to sacrifice it." The men were sentenced to hang , but public opinion was overwhelmingly supportive of the crew's right to preserve their own lives. In the end, the Crown commuted their sentences to six months in jail. [ 28 ]
Criminal law offences are viewed as offences against not just individual victims, but the community as well. [ 22 ] The state, usually with the help of police, takes the lead in prosecution, which is why in common law countries cases are cited as " The People v ..." or " R (for Rex or Regina ) v ..." Also, lay juries are often used to determine the guilt of defendants on points of fact: juries cannot change legal rules. Some developed countries still condone capital punishment for criminal activity, but the normal punishment for a crime will be imprisonment , fines , state supervision (such as probation), or community service . Modern criminal law has been affected considerably by the social sciences, especially with respect to sentencing , legal research, legislation, and rehabilitation . [ 29 ] On the international field, 108 are members of the International Criminal Court , which was established to try people for crimes against humanity . [ 30 ]
Contract law
Main article: Contract




The famous Carbolic Smoke Ball advertisement to cure influenza was held to be a unilateral contract


Contract law concerns enforceable promises, and can be summed up in the Latin phrase pacta sunt servanda (agreements must be kept). [ 31 ] In common law jurisdictions, three key elements to the creation of a contract are necessary: offer and acceptance , consideration and the intention to create legal relations. In Carlill v Carbolic Smoke Ball Company a medical firm advertised that its new wonder drug, the smokeball, would cure people's flu, and if it did not, the buyers would get £ 100. Many people sued for their £100 when the drug did not work. Fearing bankruptcy , Carbolic argued the advert was not to be taken as a serious, legally binding offer. It was an invitation to treat , mere puff, a gimmick. But the court of appeal held that to a reasonable man Carbolic had made a serious offer. People had given good consideration for it by going to the "distinct inconvenience" of using a faulty product. "Read the advertisement how you will, and twist it about as you will", said Lord Justice Lindley , "here is a distinct promise expressed in language which is perfectly unmistakable". [ 32 ]
"Consideration" indicates the fact that all parties to a contract have exchanged something of value. Some common law systems, including Australia, are moving away from the idea of consideration as a requirement. The idea of estoppel or culpa in contrahendo , can be used to create obligations during pre-contractual negotiations. [ 33 ] In civil law jurisdictions, consideration is not required for a contract to be binding. [ 34 ] In France, an ordinary contract is said to form simply on the basis of a "meeting of the minds" or a "concurrence of wills". Germany has a special approach to contracts, which ties into property law. Their ' abstraction principle ' ( Abstraktionsprinzip ) means that the personal obligation of contract forms separately from the title of property being conferred. When contracts are invalidated for some reason (e.g. a car buyer is so drunk that he lacks legal capacity to contract) [ 35 ] the contractual obligation to pay can be invalidated separately from the proprietary title of the car. Unjust enrichment law, rather than contract law, is then used to restore title to the rightful owner. [ 36 ]
Tort law
Main article: Tort




The " McLibel " two were involved in the longest running case in UK history for publishing a pamphlet criticising McDonald's restaurants.


Torts, sometimes called delicts , are civil wrongs. To have acted tortiously, one must have breached a duty to another person, or infringed some pre-existing legal right. A simple example might be accidentally hitting someone with a cricket ball. [ 37 ] Under the law of negligence , the most common form of tort, the injured party could potentially claim compensation for his injuries from the party responsible. The principles of negligence are illustrated by Donoghue v Stevenson . [ 38 ] A friend of Mrs Donoghue ordered an opaque bottle of ginger beer (intended for the consumption of Mrs Donoghue) in a café in Paisley . Having consumed half of it, Mrs Donoghue poured the remainder into a tumbler. The decomposing remains of a snail floated out. She claimed to have suffered from shock, fell ill with gastroenteritis and sued the manufacturer for carelessly allowing the drink to be contaminated. The House of Lords decided that the manufacturer was liable for Mrs Donoghue's illness. Lord Atkin took a distinctly moral approach, and said,

The liability for negligence ... is no doubt based upon a general public sentiment of moral wrongdoing for which the offender must pay ... The rule that you are to love your neighbour becomes in law, you must not injure your neighbour; and the lawyer's question, Who is my neighbour? receives a restricted reply. You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. [ 39 ]

This became the basis for the four principles of negligence; (1) Mr Stevenson owed Mrs Donoghue a duty of care to provide safe drinks (2) he breached his duty of care (3) the harm would not have occurred but for his breach and (4) his act was the proximate cause , or not too remote a consequence, of her harm. [ 38 ] Another example of tort might be a neighbour making excessively loud noises with machinery on his property. [ 40 ] Under a nuisance claim the noise could be stopped. Torts can also involve intentional acts, such as assault , battery or trespass . A better known tort is defamation , which occurs, for example, when a newspaper makes unsupportable allegations that damage a politician's reputation. [ 41 ] More infamous are economic torts, which form the basis of labour law in some countries by making trade unions liable for strikes, [ 42 ] when statute does not provide immunity. [ 43 ]
Property law
Main article: Property law




A painting of the South Sea Bubble , one of the world's first ever speculations and crashes, led to strict regulation on share trading. [ 44 ]


Property law governs valuable things that people call 'theirs'. Real property , sometimes called 'real estate' refers to ownership of land and things attached to it. [ 45 ] Personal property , refers to everything else; movable objects, such as computers, cars, jewelry, and sandwiches, or intangible rights, such as stocks and shares . A right in rem is a right to a specific piece of property, contrasting to a right in personam which allows compensation for a loss, but not a particular thing back. Land law forms the basis for most kinds of property law, and is the most complex. It concerns mortgages , rental agreements , licences , covenants , easements and the statutory systems for land registration. Regulations on the use of personal property fall under intellectual property , company law , trusts and commercial law . An example of a basic case of most property law is Armory v Delamirie . [ 46 ] A chimney sweep 's boy found a jewel encrusted with precious stones. He took it to a goldsmith to have it valued. The goldsmith's apprentice looked at it, sneakily removed the stones, told the boy it was worth three halfpence and that he would buy it. The boy said he would prefer the jewel back, so the apprentice gave it to him, but without the stones. The boy sued the goldsmith for his apprentice's attempt to cheat him. Lord Chief Justice Pratt ruled that even though the boy could not be said to own the jewel, he should be considered the rightful keeper ("finders keeper") until the original owner is found. In fact the apprentice and the boy both had a right of possession in the jewel (a technical concept, meaning evidence that something could belong to someone), but the boy's possessory interest was considered better, because it could be shown to be first in time. Possession may be nine tenths of the law, but not all.
This case is used to support the view of property in common law jurisdictions, that the person who can show the best claim to a piece of property, against any contesting party, is the owner. [ 47 ] By contrast, the classic civil law approach to property, propounded by Friedrich Carl von Savigny , is that it is a right good against the world. Obligations, like contracts and torts are conceptualised as rights good between individuals. [ 48 ] The idea of property raises many further philosophical and political issues. Locke argued that our "lives, liberties and estates" are our property because we own our bodies and mix our labour with our surroundings. [ 49 ]
Equity and trusts
Main articles: Equity (law) and Trust law




The Court of Chancery , London, early 19th century


Equity is a body of rules that developed in England separately from the "common law". The common law was administered by judges. The Lord Chancellor on the other hand, as the King's keeper of conscience, could overrule the judge made law if he thought it equitable to do so. [ 50 ] This meant equity came to operate more through principles than rigid rules. For instance, whereas neither the common law nor civil law systems allow people to split the ownership from the control of one piece of property, equity allows this through an arrangement known as a 'trust'. 'Trustees' control property, whereas the 'beneficial' (or 'equitable') ownership of trust property is held by people known as 'beneficiaries'. Trustees owe duties to their beneficiaries to take good care of the entrusted property. [ 51 ] In the early case of Keech v Sandford [ 52 ] a child had inherited the lease on a market in Romford , London. Mr Sandford was entrusted to look after this property until the child matured. But before then, the lease expired. The landlord had (apparently) told Mr Sandford that he did not want the child to have the renewed lease. Yet the landlord was happy (apparently) to give Mr Sandford the opportunity of the lease instead. Mr Sandford took it. When the child (now Mr Keech) grew up, he sued Mr Sandford for the profit that he had been making by getting the market's lease. Mr Sandford was meant to be trusted, but he put himself in a position of conflict of interest . The Lord Chancellor , Lord King , agreed and ordered Mr Sandford should disgorge his profits. He wrote,

I very well see, if a trustee, on the refusal to renew, might have a lease to himself few trust-estates would be renewed ... This may seem very hard, that the trustee is the only person of all mankind who might not have the lease; but it is very proper that the rule should be strictly pursued and not at all relaxed.

Of course, Lord King LC was worried that trustees might exploit opportunities to use trust property for themselves instead of looking after it. Business speculators using trusts had just recently caused a stock market crash . Strict duties for trustees made their way into company law and were applied to directors and chief executive officers . Another example of a trustee's duty might be to invest property wisely or sell it. [ 53 ] This is especially the case for pension funds, the most important form of trust, where investors are trustees for people's savings until retirement . But trusts can also be set up for charitable purposes , famous examples being the British Museum or the Rockefeller Foundation .
Further disciplines
Law spreads far beyond the core subjects into virtually every area of life. Three categories are presented for convenience, though the subjects intertwine and overlap.

Law and society





A trade union protest by UNISON while on strike



Labour law is the study of a tripartite industrial relationship between worker, employer and trade union . This involves collective bargaining regulation, and the right to strike . Individual employment law refers to workplace rights, such as job security , health and safety or a minimum wage .
Human rights , civil rights and human rights law are important fields to guarantee everyone basic freedoms and entitlements. These are laid down in codes such as the Universal Declaration of Human Rights , the European Convention on Human Rights (which founded the European Court of Human Rights ) and the U.S. Bill of Rights . The Treaty of Lisbon makes the Charter of Fundamental Rights of the European Union legally binding in all member states except Charter of Fundamental Rights of the European Union – Poland and the United Kingdom . [ 54 ]
Civil procedure and criminal procedure concern the rules that courts must follow as a trial and appeals proceed. Both concern a citizen's right to a fair trial or hearing.
Evidence law involves which materials are admissible in courts for a case to be built.
Immigration law and nationality law concern the rights of foreigners to live and work in a nation-state that is not their own and to acquire or lose citizenship . Both also involve the right of asylum and the problem of stateless individuals.
Social security law refers to the rights people have to social insurance, such as jobseekers' allowances or housing benefits.
Family law covers marriage and divorce proceedings, the rights of children and rights to property and money in the event of separation.


Law and commerce


Company law sprang from the law of trusts, on the principle of separating ownership of property and control. [ 55 ] The law of the modern company began with the Joint Stock Companies Act 1856 , passed in the United Kingdom, which provided investors with a simple registration procedure to gain limited liability under the separate legal personality of the corporation.
Commercial law covers complex contract and property law. The law of agency , insurance law , bills of exchange , insolvency and bankruptcy law and sales law are all important, and trace back to the mediæval Lex Mercatoria . The UK Sale of Goods Acts and the US Uniform Commercial Code are examples of codified common law commercial principles.
Admiralty law and the Law of the Sea lay a basic framework for free trade and commerce across the world's oceans and seas, where outside of a country's zone of control. Shipping companies operate through ordinary principles of commercial law, generalised for a global market. Admiralty law also encompasses specialised issues such as salvage , maritime liens , and injuries to passengers.
Intellectual property law aims at safeguarding creators and other producers of intellectual goods and services. These are legal rights ( copyrights , trademarks , patents , and related rights ) which result from intellectual activity in the industrial, literary and artistic fields. [ 56 ]
Restitution deals with the recovery of someone else's gain, rather than compensation for one's own loss.
Unjust enrichment is the third pillar of civil law (along with contract and tort). When someone has been unjustly enriched (or there is an "absence of basis" for a transaction) at another's expense, this event generates the right to restitution to reverse that gain.


Law and regulation





The New York Stock Exchange trading floor after the Wall Street Crash of 1929 , before tougher banking regulation was introduced



Tax law involves regulations that concern value added tax , corporate tax , income tax .
Banking law and financial regulation set minimum standards on the amounts of capital banks must hold, and rules about best practice for investment. This is to insure against the risk of economic crises, such as the Wall Street Crash of 1929 .
Regulation deals with the provision of public services and utilities . Water law is one example. Especially since privatisation became popular and took management of services away from public law, private companies doing the jobs previously controlled by government have been bound by varying degrees of social responsibility. Energy , gas , telecomms and water are regulated industries in most OECD countries.
Competition law , known in the U.S. as antitrust law, is an evolving field that traces as far back as Roman decrees against price fixing and the English restraint of trade doctrine. Modern competition law derives from the U.S. anti-cartel and anti-monopoly statutes (the Sherman Act and Clayton Act ) of the turn of the 20th century. It is used to control businesses who attempt to use their economic influence to distort market prices at the expense of consumer welfare .
Consumer law could include anything from regulations on unfair contractual terms and clauses to directives on airline baggage insurance.
Environmental law is increasingly important, especially in light of the Kyoto Protocol and the potential danger of climate change . Environmental protection also serves to penalise polluters within domestic legal systems.

Legal systems
Main article: Legal systems of the world
In general, legal systems can be split between civil law and common law systems. [ 57 ] The term "civil law" referring to a legal system should not be confused with "civil law" as a group of legal subjects distinct from criminal or public law . A third type of legal system— accepted by some countries without separation of church and state —is religious law, based on scriptures . The specific system that a country is ruled by is often determined by its history, connections with other countries, or its adherence to international standards. The sources that jurisdictions adopt as authoritatively binding are the defining features of any legal system. Yet classification is a matter of form rather than substance, since similar rules often prevail.
Civil law
Main article: Civil law (legal system)




First page of the 1804 edition of the Napoleonic Code


Civil law is the legal system used in most countries around the world today. In civil law the sources recognised as authoritative are, primarily, legislation—especially codifications in constitutions or statutes passed by government—and custom. [ 58 ] Codifications date back millennia, with one early example being the Babylonian Codex Hammurabi . Modern civil law systems essentially derive from the legal practice of the Roman Empire whose texts were rediscovered in medieval Europe. Roman law in the days of the Roman Republic and Empire was heavily procedural, and lacked a professional legal class. [ 59 ] Instead a lay person, iudex , was chosen to adjudicate. Precedents were not reported, so any case law that developed was disguised and almost unrecognised. [ 60 ] Each case was to be decided afresh from the laws of the state, which mirrors the (theoretical) unimportance of judges' decisions for future cases in civil law systems today. During the 6th century AD in the Eastern Roman Empire , the Emperor Justinian I codified and consolidated the laws that had existed in Rome, so that what remained was one-twentieth of the mass of legal texts from before. [ 61 ] This became known as the Corpus Juris Civilis . As one legal historian wrote, "Justinian consciously looked back to the golden age of Roman law and aimed to restore it to the peak it had reached three centuries before." [ 62 ] Western Europe, meanwhile, slowly slipped into the Dark Ages , and it was not until the 11th century that scholars in the University of Bologna rediscovered the texts and used them to interpret their own laws. [ 63 ] Civil law codifications based closely on Roman law, alongside some influences from religious laws such as Canon law and Islamic law , [ 64 ] [ 65 ] continued to spread throughout Europe until the Enlightenment ; then, in the 19th century, both France, with the Code Civil , and Germany, with the Bürgerliches Gesetzbuch , modernised their legal codes. Both these codes influenced heavily not only the law systems of the countries in continental Europe (e.g. Greece), but also the Japanese and Korean legal traditions. [ 66 ] [ 67 ] Today, countries that have civil law systems range from Russia and China to most of Central and Latin America . [ 68 ] The United States follows the common law system described below.
Common law and equity
Main article: Common law




King John of England signs Magna Carta


Common law and equity are legal systems where decisions by courts are explicitly acknowledged to be legal sources. The "doctrine of precedent", or stare decisis (Latin for "to stand by decisions") means that decisions by higher courts bind lower courts. Common law systems also rely on statutes, passed by the legislature, but may make less of a systematic attempt to codify their laws than in a "civil law" system. Common law originated from England and has been inherited by almost every country once tied to the British Empire (except Malta, Scotland , the U.S. state of Louisiana , and the Canadian province of Quebec ). In medieval England, the Norman conquest led to a unification of various tribal customs and hence a law "common" to the whole country. Perhaps influenced by Islamic legal practices around the time of the Crusades , [ 65 ] the common law developed when the English monarchy had been weakened by the enormous cost of fighting for control over large parts of France. King John had been forced by his barons to sign a document limiting his authority to pass laws. This "great charter" or Magna Carta of 1215 also required that the King's entourage of judges hold their courts and judgments at "a certain place" rather than dispensing autocratic justice in unpredictable places about the country. [ 69 ] A concentrated and elite group of judges acquired a dominant role in law-making under this system, and compared to its European counterparts the English judiciary became highly centralised. In 1297, for instance, while the highest court in France had fifty-one judges, the English Court of Common Pleas had five. [ 70 ] This powerful and tight-knit judiciary gave rise to a rigid and inflexible system of common law. [ 71 ] As a result, as time went on, increasing numbers of citizens petitioned the King to override the common law, and on the King's behalf the Lord Chancellor gave judgment to do what was equitable in a case. From the time of Sir Thomas More , the first lawyer to be appointed as Lord Chancellor, a systematic body of equity grew up alongside the rigid common law, and developed its own Court of Chancery . At first, equity was often criticised as erratic, that it varied according to the length of the Chancellor's foot. [ 72 ] But over time it developed solid principles , especially under Lord Eldon . [ 73 ] In the 19th century the two systems were fused into one another. In developing the common law and equity, academic authors have always played an important part. William Blackstone , from around 1760, was the first scholar to describe and teach it. [ 74 ] But merely in describing, scholars who sought explanations and underlying structures slowly changed the way the law actually worked. [ 75 ]
Religious law
Main article: Religious law
Religious law is explicitly based on religious precepts. Examples include the Jewish Halakha and Islamic Sharia—both of which translate as the "path to follow"—while Christian canon law also survives in some church communities. Often the implication of religion for law is unalterability, because the word of God cannot be amended or legislated against by judges or governments. However a thorough and detailed legal system generally requires human elaboration. For instance, the Quran has some law, and it acts as a source of further law through interpretation, [ 76 ] Qiyas (reasoning by analogy), Ijma (consensus) and precedent . This is mainly contained in a body of law and jurisprudence known as Sharia and Fiqh respectively. Another example is the Torah or Old Testament , in the Pentateuch or Five Books of Moses. This contains the basic code of Jewish law, which some Israeli communities choose to use. The Halakha is a code of Jewish law which summarises some of the Talmud's interpretations. Nevertheless, Israeli law allows litigants to use religious laws only if they choose. Canon law is only in use by members of the clergy in the Roman Catholic Church , the Eastern Orthodox Church and the Anglican Communion .




A trial in the Ottoman Empire, 1879, when religious law applied under the Mecelle


Until the 18th century, Sharia law was practiced throughout the Muslim world in a non-codified form, with the Ottoman Empire 's Mecelle code in the 19th century being first attempt at codifying elements of Sharia law. Since the mid-1940s, efforts have been made, in country after country, to bring Sharia law more into line with modern conditions and conceptions. [ 77 ] [ 78 ] In modern times, the legal systems of many Muslim countries draw upon both civil and common law traditions as well as Islamic law and custom. The constitutions of certain Muslim states, such as Egypt and Afghanistan, recognise Islam as the religion of the state, obliging legislature to adhere to Sharia. [ 79 ] Saudi Arabia recognises Quran as its constitution, and is governed on the basis of Islamic law. [ 80 ] Iran has also witnessed a reiteration of Islamic law into its legal system after 1979. [ 81 ] During the last few decades, one of the fundamental features of the movement of Islamic resurgence has been the call to restore the Sharia, which has generated a vast amount of literature and affected world politics . [ 82 ]
Legal theory
History of law
Main article: Legal history




King Hammurabi is revealed the code of laws by the Mesopotamian sun god Shamash , also revered as the god of justice


The history of law is closely connected to the development of civilization . Ancient Egyptian law, dating as far back as 3000 BC, contained a civil code that was probably broken into twelve books. It was based on the concept of Ma'at , characterised by tradition, rhetorical speech, social equality and impartiality. [ 83 ] [ 84 ] By the 22nd century BC, the ancient Sumerian ruler Ur-Nammu had formulated the first law code , which consisted of casuistic statements ("if ... then ..."). Around 1760 BC, King Hammurabi further developed Babylonian law , by codifying and inscribing it in stone. Hammurabi placed several copies of his law code throughout the kingdom of Babylon as stelae , for the entire public to see; this became known as the Codex Hammurabi . The most intact copy of these stelae was discovered in the 19th century by British Assyriologists, and has since been fully transliterated and translated into various languages, including English, German, and French. [ 85 ]
The Old Testament dates back to 1280 BC, and takes the form of moral imperatives as recommendations for a good society. The small Greek city-state, Ancient Athens , and from about 8th century BC was the first society to be based on broad inclusion of its citizenry; excluding women and the slave class. However, Athens had no legal science, and no word for "law" as an abstract concept. [ 86 ] Yet Ancient Greek law contained major constitutional innovations in the development of democracy . [ 87 ]
Roman law was heavily influenced by Greek philosophy, but its detailed rules were developed by professional jurists, and were highly sophisticated. [ 88 ] [ 89 ] Over the centuries between the rise and decline of the Roman Empire, law was adapted to cope with the changing social situations, and underwent major codification during Justinian I. [ 90 ] Although it declined in significance during the Dark Ages , Roman law was rediscovered around the 11th century when mediæval legal scholars began to research Roman codes and adapt their concepts. In mediæval England, the King's judges developed a body of precedent , which later became the common law . A Europe-wide Lex Mercatoria was formed so that merchants could trade with common standards of practice; rather than with the many splintered facets of local laws. The Lex Mercatoria , a precursor to modern commercial law, emphasised the freedom of contract and alienability of property. [ 91 ] As nationalism grew in the 18th and 19th centuries, Lex Mercatoria was incorporated into countries' local law under new civil codes. The French Napoleonic Code and the German became the most influential. In contrast to English common law, which consists of enormous tomes of case law, codes in small books are easy to export and easy for judges to apply. However, today there are signs that civil and common law are converging. [ 92 ] EU law is codified in treaties, but develops through the precedent laid down by the European Court of Justice .




The Constitution of India is the longest written constitution for a country, containing 444 articles, 12 schedules, numerous amendments and 117,369 words


Islamic law and jurisprudence developed during the Middle Ages. [ 93 ] The methodology of legal precedent and reasoning by analogy ( Qiyas ) used in early Islamic law was similar to that of the later English common law system. [ 94 ] This was particularly the case for the Maliki school of Islamic law active in North Africa, Islamic Spain and the Emirate of Sicily . Between the 8th and 11th centuries, Maliki law developed several legal institutions that were parallel with later common law institutions. [ 95 ]
Ancient India and China represent distinct traditions of law, and have historically had independent schools of legal theory and practice. The Arthashastra , probably compiled around 100 AD (although it contains older material), and the Manusmriti (c. 100–300 AD) were foundational treatises in India, and comprise texts considered authoritative legal guidance. [ 96 ] Manu's central philosophy was tolerance and Pluralism , and was cited across Southeast Asia. [ 97 ] This Hindu tradition, along with Islamic law, was supplanted by the common law when India became part of the British Empire . [ 98 ] Malaysia, Brunei, Singapore and Hong Kong also adopted the common law. The eastern Asia legal tradition reflects a unique blend of secular and religious influences. [ 99 ] Japan was the first country to begin modernising its legal system along western lines, by importing bits of the French , but mostly the German Civil Code. [ 100 ] This partly reflected Germany's status as a rising power in the late 19th century. Similarly, traditional Chinese law gave way to westernisation towards the final years of the Ch'ing dynasty in the form of six private law codes based mainly on the Japanese model of German law. [ 101 ] Today Taiwanese law retains the closest affinity to the codifications from that period, because of the split between Chiang Kai-shek 's nationalists, who fled there, and Mao Zedong 's communists who won control of the mainland in 1949. The current legal infrastructure in the People's Republic of China was heavily influenced by Soviet Socialist law , which essentially inflates administrative law at the expense of private law rights. [ 102 ] Due to rapid industrialisation, today China undergoing a process of reform, at least in terms of economic, if not social and political, rights. A new contract code in 1999 represented a move away from administrative domination. [ 103 ] Furthermore, after negotiations lasting fifteen years, in 2001 China joined the World Trade Organisation . [ 104 ]
Philosophy of law
Main article: Jurisprudence



But what, after all, is a law? [...] When I say that the object of laws is always general, I mean that law considers subjects en masse and actions in the abstract, and never a particular person or action. [...] On this view, we at once see that it can no longer be asked whose business it is to make laws, since they are acts of the general will; nor whether the prince is above the law, since he is a member of the State; nor whether the law can be unjust, since no one is unjust to himself; nor how we can be both free and subject to the laws, since they are but registers of our wills.


Jean-Jacques Rousseau, The Social Contract , II, 6. [ 105 ]

The philosophy of law is commonly known as jurisprudence. Normative jurisprudence is essentially political philosophy , and asks "what should law be?", while analytic jurisprudence asks "what is law?". John Austin 's utilitarian answer was that law is "commands, backed by threat of sanctions, from a sovereign, to whom people have a habit of obedience". [ 106 ] Natural lawyers on the other side, such as Jean-Jacques Rousseau , argue that law reflects essentially moral and unchangeable laws of nature. The concept of "natural law" emerged in ancient Greek philosophy concurrently and in entanglement with the notion of justice, and re-entered the mainstream of Western culture through the writings of Thomas Aquinas and the commentaries of Islamic philosopher and jurist Averroes . [ 107 ] [ 108 ]
Hugo Grotius , the founder of a purely rationalistic system of natural law, argued that law arises from both a social impulse—as Aristotle had indicated—and reason. [ 109 ] Immanuel Kant believed a moral imperative requires laws "be chosen as though they should hold as universal laws of nature". [ 110 ] Jeremy Bentham and his student Austin, following David Hume , believed that this conflated the "is" and what "ought to be" problem. Bentham and Austin argued for law's positivism ; that real law is entirely separate from "morality". [ 111 ] Kant was also criticised by Friedrich Nietzsche , who rejected the principle of equality, and believed that law emanates from the will to power , and cannot be labelled as "moral" or "immoral". [ 112 ] [ 113 ] [ 114 ]
In 1934, the Austrian philosopher Hans Kelsen continued the positivist tradition in his book the Pure Theory of Law . [ 115 ] Kelsen believed that although law is separate from morality, it is endowed with "normativity"; meaning we ought to obey it. While laws are positive "is" statements (e.g. the fine for reversing on a highway is € 500); law tells us what we "should" do. Thus, each legal system can be hypothesised to have a basic norm ( Grundnorm ) instructing us to obey. Kelsen's major opponent, Carl Schmitt , rejected both positivism and the idea of the rule of law because he did not accept the primacy of abstract normative principles over concrete political positions and decisions. [ 116 ] Therefore, Schmitt advocated a jurisprudence of the exception ( state of emergency ), which denied that legal norms could encompass of all political experience. [ 117 ]




Bentham's utilitarian theories remained dominant in law until the 20th century


Later in the 20th century, H. L. A. Hart attacked Austin for his simplifications and Kelsen for his fictions in The Concept of Law . [ 118 ] Hart argued law is a system of rules, divided into primary (rules of conduct) and secondary ones (rules addressed to officials to administer primary rules). Secondary rules are further divided into rules of adjudication (to resolve legal disputes), rules of change (allowing laws to be varied) and the rule of recognition (allowing laws to be identified as valid). Two of Hart's students continued the debate: In his book Law's Empire , Ronald Dworkin attacked Hart and the positivists for their refusal to treat law as a moral issue. Dworkin argues that law is an " interpretive concept", [ 119 ] that requires judges to find the best fitting and most just solution to a legal dispute, given their constitutional traditions. Joseph Raz , on the other hand, defended the positivist outlook and criticised Hart's "soft social thesis" approach in The Authority of Law . [ 120 ] Raz argues that law is authority, identifiable purely through social sources and without reference to moral reasoning. In his view, any categorisation of rules beyond their role as authoritative instruments in mediation are best left to sociology , rather than jurisprudence. [ 121 ]
Economic analysis of law
Main article: Law and economics
In the 18th century Adam Smith presented a philosophical foundation for explaining the relationship between law and economics. [ 122 ] The discipline arose partly out of a critique of trade unions and U.S. antitrust law. The most influential proponents, such as Richard Posner and Oliver Williamson and the so-called Chicago School of economists and lawyers including Milton Friedman and Gary Becker , are generally advocates of deregulation and privatisation , and are hostile to state regulation or what they see as restrictions on the operation of free markets . [ 123 ]




Richard Posner , one of the Chicago School , runs a blog with Bank of Sweden Prize winning economist Gary Becker . [ 124 ]


The most prominent economic analyst of law is 1991 Nobel Prize winner Ronald Coase , whose first major article, The Nature of the Firm (1937), argued that the reason for the existence of firms (companies, partnerships, etc.) is the existence of transaction costs . [ 125 ] Rational individuals trade through bilateral contracts on open markets until the costs of transactions mean that using corporations to produce things is more cost-effective. His second major article, The Problem of Social Cost (1960), argued that if we lived in a world without transaction costs, people would bargain with one another to create the same allocation of resources, regardless of the way a court might rule in property disputes. [ 126 ] Coase used the example of a nuisance case named Sturges v Bridgman , where a noisy sweetmaker and a quiet doctor were neighbours and went to court to see who should have to move. [ 40 ] Coase said that regardless of whether the judge ruled that the sweetmaker had to stop using his machinery, or that the doctor had to put up with it, they could strike a mutually beneficial bargain about who moves house that reaches the same outcome of resource distribution. Only the existence of transaction costs may prevent this. [ 127 ] So the law ought to pre-empt what would happen, and be guided by the most efficient solution. The idea is that law and regulation are not as important or effective at helping people as lawyers and government planners believe. [ 128 ] Coase and others like him wanted a change of approach, to put the burden of proof for positive effects on a government that was intervening in the market, by analysing the costs of action. [ 129 ]
Sociology of law
Main article: Sociology of law
Sociology of law is a diverse field of study that examines the interaction of law with society and overlaps with jurisprudence, economic analysis of law and more specialised subjects such as criminology . [ 130 ] The institutions of social construction and legal frameworks are the relevant areas for the discipline's inquiry. At first, legal theorists were suspicious of the discipline. Kelsen attacked one of its founders, Eugen Ehrlich , who sought to make distinct the differences between positive law, which lawyers learn and apply, and other forms of 'law' or social norms that regulate everyday life, generally preventing conflicts from reaching lawyers and courts. [ 131 ] [ 132 ]




Max Weber in 1917, Weber began his career as a lawyer, and is regarded as one of the founders of sociology and sociology of law,


Around 1900 Max Weber defined his "scientific" approach to law, identifying the "legal rational form" as a type of domination, not attributable to people but to abstract norms. [ 133 ] Legal rationalism was his term for a body of coherent and calculable law which formed a precondition for modern political developments and the modern bureaucratic state and developed in parallel with the growth of capitalism . [ 130 ] Another sociologist, Émile Durkheim , wrote in The Division of Labour in Society that as society becomes more complex, the body of civil law concerned primarily with restitution and compensation grows at the expense of criminal laws and penal sanctions. [ 134 ] Other notable early legal sociologists included Hugo Sinzheimer , Theodor Geiger , Georges Gurvitch and Leon Petrażycki in Europe, and William Graham Sumner in the U.S. [ 135 ] [ 136 ]
Legal institutions



It is a real unity of them all in one and the same person, made by covenant of every man with every man, in such manner as if every man should say to every man: I authorise and give up my right of governing myself to this man, or to this assembly of men, on this condition; that thou givest up, thy right to him, and authorise all his actions in like manner.


Thomas Hobbes, Leviathan , XVII

The main institutions of law in industrialised countries are independent courts , representative parliaments , an accountable executive , the military and police , bureaucratic organisation, the legal profession and civil society itself. John Locke, in his Two Treatises of Government , and Baron de Montesquieu in The Spirit of the Laws , advocated for a separation of powers between the political, legislature and executive bodies. [ 137 ] Their principle was that no person should be able to usurp all powers of the state , in contrast to the absolutist theory of Thomas Hobbes ' Leviathan . [ 138 ] Max Weber and others reshaped thinking on the extension of state. Modern military, policing and bureaucratic power over ordinary citizens' daily lives pose special problems for accountability that earlier writers such as Locke or Montesquieu could not have foreseen. The custom and practice of the legal profession is an important part of people's access to justice , whilst civil society is a term used to refer to the social institutions, communities and partnerships that form law's political basis.
Judiciary
Main article: Judiciary
A judiciary is a number of judges mediating disputes to determine outcome. Most countries have systems of appeal courts, answering up to a supreme legal authority. In the United States, this is the Supreme Court ; [ 139 ] in Australia, the High Court ; in the UK, the House of Lords ; [ 140 ] in Germany, the Bundesverfassungsgericht ; in France, the Cour de Cassation . [ 141 ] [ 142 ] For most European countries the European Court of Justice in Luxembourg can overrule national law, when EU law is relevant. The European Court of Human Rights in Strasbourg allows citizens of the Council of Europe member states to bring cases relating to human rights issues before it. [ 143 ]




The judges of the International Court of Justice in the Hague


Some countries allow their highest judicial authority to over-rule legislation they determined as unconstitutional . In Roe v Wade , the U.S. Supreme Court overturned a Texas law which forbade the granting of assistance to women seeking abortion . [ 144 ] The U.S.'s constitution's fourteenth amendment was interpreted to give Americans a right to privacy , and thus a woman's right to choose abortion.
A judiciary is theoretically bound by the constitution, much as legislative bodies are. In most countries judges may only interpret the constitution and all other laws. But in common law countries, where matters are not constitutional, the judiciary may also create law under the doctrine of precedent . The UK, Finland and New Zealand assert the ideal of parliamentary sovereignty , whereby the unelected judiciary may not overturn law passed by a democratic legislature. [ 145 ] In communist states , such as China, the courts are often regarded as parts of the executive, or subservient to the legislature; governmental institutions and actors exert thus various forms of influence on the judiciary. [ 146 ] In Muslim countries, courts often examine whether state laws adhere to the Sharia: the Supreme Constitutional Court of Egypt may invalidate such laws, [ 147 ] and in Iran the Guardian Council ensures the compatibility of the legislation with the "criteria of Islam". [ 147 ] [ 148 ]
Legislature
Main article: Legislature




The debating chamber of the European Parliament


Prominent examples of legislatures are the Houses of Parliament in London, the Congress in Washington D.C., the Bundestag in Berlin, the Duma in Moscow, the Parlamento Italiano in Rome and the Assemblée nationale in Paris. By the principle of representative government people vote for politicians to carry out their wishes. Although countries like Israel, Greece, Sweden and China are unicameral , most countries are bicameral , meaning they have two separately appointed legislative houses. In the 'lower house' politicians are elected to represent smaller constituencies . The 'upper house' is usually elected to represent states in a federal system (as in Australia, Germany or the United States) or different voting configuration in a unitary system (as in France). In the UK the upper house is appointed by the government as a house of review . One criticism of bicameral systems with two elected chambers is that the upper and lower houses may simply mirror one another. The traditional justification of bicameralism is that an upper chamber acts as a house of review. This can minimise arbitrariness and injustice in governmental action. [ 149 ]
To pass legislation, a majority of Members of Parliament must vote for a bill (proposed law) in each house. Normally there will be several readings and amendments proposed by the different political factions. If a country has an entrenched constitution, a special majority for changes to the constitution will be required, making changes to the law more difficult. A government usually leads the process, which can be formed from Members of Parliament (e.g. the UK or Germany). But in a presidential system, an executive appoints a cabinet to govern from his or her political allies whether or not they are elected (e.g. the United States or Brazil), and the legislature's role is reduced to either ratification or veto . [ 150 ]
Executive
Main article: Executive (government)




The G20 meetings are composed of representatives of each country's executive branch


The executive in a legal system serve as a government 's centre of political authority . In a parliamentary system , as with Britain, Italy, Germany, India, and Japan, the executive is known as the cabinet , and composed of members of the legislature. The executive is chosen by the Prime Minister or Chancellor , whose office holds power under the confidence of the legislature. Because popular elections appoint political parties to govern, the leader of a party can change in between elections. The head of state is apart from the executive, and symbolically enacts laws and acts as representative of the nation. Examples include the German president (appointed by the Parliament); the Queen of the United Kingdom (a hereditary title), and the Austrian president (elected by popular vote). The other important model is the presidential system , found in France, the U.S. and Russia. In presidential systems, the executive acts as both head of state and head of government, and has power to appoint an unelected cabinet. Under a presidential system, the executive branch is separate from the legislature to which is not accountable. [ 151 ] [ 152 ]
Although the role of the executive varies from country to country, usually it will propose the majority of legislation, and propose government agenda. In presidential systems, the executive often has the power to veto legislation. Most executives in both systems are responsible for foreign relations , the military and police, and the bureaucracy. Ministers or other officials head a country's public offices, such as a foreign ministry or interior ministry . The election of a different executive is therefore capable of revolutionising an entire country's approach to government.
Military and police
Main articles: Military and Police




U.S. Customs and Border Protection officers


While military organizations have existed as long as government itself, the idea of a standing police force is relatively modern concept. Mediæval England 's system of traveling criminal courts , or assizes , used show trials and public executions to instill communities with fear to maintain control. [ 153 ] The first modern police were probably those in 17th-century Paris, in the court of Louis XIV , [ 154 ] although the Paris Prefecture of Police claim they were the world's first uniformed policemen. [ 155 ]
Weber famously argued that the state is that which controls the legitimate monopoly of the means of violence. [ 156 ] [ 157 ] The military and police carry out enforcement at the request of the government or the courts. The term failed state refers to states that cannot implement or enforce policies; their police and military no longer control security and order and society moves into anarchy , the absence of government. [ 158 ]
Bureaucracy
Main article: Bureaucracy




The United Nations ' New York headquarters houses civil servants that serve its 192 member states.


The etymology of "bureaucracy" derives from the French word for "office" ( bureau ) and the Ancient Greek for word "power" ( kratos ). [ 159 ] Like the military and police, a legal system's government servants and bodies that make up its bureaucracy carry out the directives of the executive. One of the earliest references to the concept was made by Baron de Grimm , a German author who lived in France. In 1765 he wrote,

The real spirit of the laws in France is that bureaucracy of which the late Monsieur de Gournay used to complain so greatly; here the offices, clerks, secretaries, inspectors and intendants are not appointed to benefit the public interest, indeed the public interest appears to have been established so that offices might exist. [ 160 ]

Cynicism over "officialdom" is still common, and the workings of public servants is typically contrasted to private enterprise motivated by profit . [ 161 ] In fact private companies, especially large ones, also have bureaucracies. [ 162 ] Negative perceptions of " red tape " aside, public services such as schooling, health care, policing or public transport are a crucial state function making public bureaucratic action the locus of government power. [ 162 ] Writing in the early 20th century, Max Weber believed that a definitive feature of a developed state had come to be its bureaucratic support. [ 163 ] Weber wrote that the typical characteristics of modern bureaucracy are that officials define its mission, the scope of work is bound by rules, management is composed of career experts, who manage top down, communicating through writing and binding public servants' discretion with rules. [ 164 ]
Legal profession
Main article: Legal profession




In civil law systems such as those of France, Germany, Italy, Spain and Greece, there is a distinct category of notary , a legally trained public official, compensated by the parties to a transaction. [ 165 ] This is a 16th-century painting of such a notary by Flemish painter Quentin Massys .


A corollary of the rule of law is the existence of a legal profession sufficiently autonomous to be able to invoke the authority of the independent judiciary; the right to assistance of an advocate in a court proceeding emanates from this corollary—in England the function of barrister or advocate is distinguished from legal counselor ( solicitor ). [ 166 ] As the European Court of Human Rights has stated, the law should be adequately accessible to everyone and people should be able to foresee how the law affects them. [ 167 ] In order to maintain professionalism, the practice of law is typically overseen by either a government or independent regulating body such as a bar association , bar council or law society . Modern lawyers achieve distinct professional identity through specified legal procedures (e.g. successfully passing a qualifying examination), are required by law to have a special qualification (a legal education earning the student a Bachelor of Laws , a Bachelor of Civil Law or a Juris Doctor degree [ 168 ] ), and are constituted in office by legal forms of appointment ( being admitted to the bar ). Most Muslim countries have developed similar rules about legal education and the legal profession, but some still allow lawyers with training in traditional Islamic law to practice law before personal status law courts. [ 169 ] In China and other developing countries there are not enough law-trained people to staff the existing judicial systems, and, accordingly, formal standards are more relaxed. [ 170 ]
Once accredited, a lawyer will often work in a law firm , in a chambers as a sole practitioner, in a government post or in a private corporation as an internal counsel . In addition a lawyer may become a legal researcher who provides on-demand legal research through a library, a commercial service or through freelance work. Many people trained in law put their skills to use outside the legal field entirely. Significant to the practice of law in the common law tradition is the legal research to determine the current state of the law. This usually entails exploring case-law reports , legal periodicals and legislation. Law practice also involves drafting documents such as court pleadings , persuasive briefs , contracts, or wills and trusts. Negotiation and dispute resolution skills (including ADR techniques) are also important to legal practice, depending on the field. [ 171 ]
Civil society
Main article: Civil society




A march in Washington D.C. during the U.S. Civil Rights Movement in 1963


Classical republican concept of "civil society" dates back to Hobbes and Locke. [ 172 ] Locke saw civil society as people who have "a common established law and judicature to appeal to, with authority to decide controversies between them." [ 173 ] German philosopher Georg Wilhelm Friedrich Hegel distinguished the "state" from "civil society" ( burgerliche Gesellschaft ) in Elements of the Philosophy of Right . [ 174 ] Hegel believed that civil society and the state were polar opposites, within the scheme of his dialectic theory of history. The modern dipole state–civil society was reproduced in the theories of Alexis de Tocqueville and Karl Marx . [ 175 ] [ 176 ] Nowadays in post-modern theory civil society is necessarily a source of law, by being the basis from which people form opinions and lobby for what they believe law should be. As Australian barrister and author Geoffrey Robertson QC wrote of international law,

... one of its primary modern sources is found in the responses of ordinary men and women, and of the non-governmental organizations which many of them support, to the human rights abuses they see on the television screen in their living rooms. [ 177 ]

Freedom of speech , freedom of association and many other individual rights allow people to gather, discuss, criticise and hold to account their governments, from which the basis of a deliberative democracy is formed. The more people are involved with, concerned by and capable of changing how political power is exercised over their lives, the more acceptable and legitimate the law becomes to the people. The most familiar institutions of civil society include economic markets, profit-oriented firms, families, trade unions , hospitals, universities, schools, charities, debating clubs , non-governmental organisations , neighbourhoods, churches, and religious associations. [ 178 ]
Gangs, Organized Crime and Secret Societies
Main article: Secret society
Just as within larger State governments organized crime syndicates , modern day gangs , (ie. the Hells Angels , Guardian Angels , Crips , et al.) and secret societies have had and do have their own set of laws. Many of these associations have regulations which in fact are codified and others which are to be understood almost instinctively by their members. It should be noted here that just as in the myriad list of ever changing U.N. resolutions, Federal, state and local laws a violation of any of these shared codes of conduct with in these groups based on an ignorance of their agreed upon laws, whether it is written or otherwise, is no excuse against disciplinary measures where the smallest infraction can be a capital offense.
Almost with out exception, and equal in many ways to that of professed legal governments although not necessarily to those of legitimate governments of the World, these organizations demand a stronger sense of patriotism or allegiance to their societies than the individual is expected to have to their biological families, to their Country, to the Earth and humanity itself or even, if they in fact have one...to that of their religious faith.
Based upon their size many of these institutions have very sophisticated governing bodies complete with an executive, a legislature, a judiciary and a "police force" which is often composed of the lower members who generally pay in some form or another taxes to the governing body for the benefits the soldiers have as members or for the protection that they are provided by being members of these alliances.
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Notes


^ Hamilton, Marci. God vs. the Gavel , page 296 (Cambridge University Press 2005): “The symbol of the judicial system, seen in courtrooms throughout the United States, is blindfolded Lady Justice.”
^ Fabri, Marco. The challenge of change for judicial systems , page 137 (IOS Press 2000): “the judicial system is intended to be apolitical, its symbol being that of a blindfolded Lady Justice holding balanced scales.”
^ Luban, Law's Blindfold , 23
^ From Old English lagu "Words of Mel"; legal comes from Latin legalis , from lex "law", "statute" ( Law , Online Etymology Dictionary; Legal , Merriam-Webster's Online Dictionary)
^ Robertson, Crimes against humanity , 90; see " analytical jurisprudence " for extensive debate on what law is; in The Concept of Law Hart argued law is a "system of rules" (Campbell, The Contribution of Legal Studies , 184); Austin said law was "the command of a sovereign, backed by the threat of a sanction" (Bix, John Austin ); Dworkin describes law as an "interpretive concept" to achieve justice (Dworkin, Law's Empire , 410); and Raz argues law is an "authority" to mediate people's interests (Raz, The Authority of Law , 3–36).
^ n.b. this translation reads, "it is more proper that law should govern than any one of the citizens: upon the same principle, if it is advantageous to place the supreme power in some particular persons, they should be appointed to be only guardians, and the servants of the laws." (Aristotle, Politics 3.16 ).
^ The original French is: "La loi, dans un grand souci d'égalité, interdit aux riches comme aux pauvres de coucher sous les ponts, de mendier dans les rues et de voler du pain" (France, The Red Lily , Chapter VII ).
^ Although many scholars argue that "the boundaries between public and private law are becoming blurred", and that this distinction has become mere "folklore" (Bergkamp, Liability and Environment , 1–2).
^ E.g. in England these seven subjects, with EU law substituted for international law, make up a "qualifying law degree". For criticism, see Peter Birks ' poignant comments attached to a previous version of the Notice to Law Schools .
^ History of the UN , United Nations. Winston Churchill ( The Hinge of Fate , 719) comments on the League of Nations' failure: "It was wrong to say that the League failed. It was rather the member states who had failed the League."
^ The prevailing manner of enforcing international law is still essentially "self help"; that is the reaction by states to alleged breaches of international obligations by other states (Robertson, Crimes against Humanity , 90; Schermers-Blokker, International Institutional Law , 900–901).
^ Petersmann, The GATT/WTO Dispute Settlement System , 32
^ Redfem, International Commercial Arbitration , 68–69
^ Schermers–Blokker, International Institutional Law , 943
^ See the fundamental C-26/62 Van Gend en Loos v Nederlanse Administratie Der Belastingen , and Flaminio Costa v E.N.E.L. decisions of the European Court.
^ Entick v Carrington (1765) 19 Howell's State Trials 1030; [1765] 95 ER 807
^ "Entick v Carrington" . 19 Howell’s State Trials 1029 (1765) . USA : Constitution Society . http://www.constitution.org/trials/entick/entick_v_carrington.htm . Retrieved 2008-11-13 .  
^ Locke, The Second Treatise , Chapter 9, section 124
^ Tamanaha, On the Rule of Law , 47
^ Auby, Administrative Law in France , 75
^ Cesare Beccaria 's seminal treatise of 1763–1764 is titled On Crimes and Punishments ( Dei delitti e delle pene ).
^ a b Brody, Acker and Logan, Criminal Law , 2; Wilson, Criminal Law , 2
^ Brody, Acker and Logan, Criminal Law , 2
^ See e.g. Brody, Acker and Logan, Criminal Law , 205 about Robinson v California , 370 U.S. 660 (1962).
^ See e.g. Feinman, Law 111 , 260–261 about Powell v Texas , 392 U.S. 514 (1968).
^ Dörmann, Doswald-Beck and Kolb, Elements of War Crimes , 491
^ Kaiser, Leistungsstörungen , 333
^ About R v Dudley and Stephens [1884] 14 QBD 273 DC , see Simpson, Cannibalism and the Common Law , 212–217, 229–237
^ Pelser, Criminal Legislation , 198
^ The States Parties to the Rome Statute , International Criminal Court [ dead link ]
^ Wehberg, Pacta Sunt Servanda , 775
^ About Carlill v Carbolic Smoke Ball Company [1893] 1 QB 256 , and the element of consideration, see Beale and Tallon, Contract Law , 142–143
^ Austotel v Franklins (1989) 16 NSWLR 582
^ e.g. In Germany, § 311 Abs. II BGB
^ § 105 Abs. II BGB
^ Smith, The Structure of Unjust Enrichment Law , 1037
^ Bolton v Stone [1951] AC 850
^ a b Donoghue v Stevenson ( [1932] A.C. 532, 1932 S.C. (H.L.) 31, [1932] All ER Rep 1 ). See the original text of the case in UK Law Online .
^ Donoghue v Stevenson [1932] AC 532, 580
^ a b Sturges v Bridgman (1879) 11 Ch D 852
^ e.g. concerning a British politician and the Iraq War, George Galloway v Telegraph Group Ltd [2004] EWHC 2786
^ Taff Vale Railway Co v Amalgamated Society of Railway Servants [1901] AC 426
^ In the UK, Trade Union and Labour Relations (Consolidation) Act 1992 ; c.f. in the U.S., National Labor Relations Act
^ Harris, The Bubble Act , 610-627
^ eg Hunter v Canary Wharf Ltd [1997] 2 All ER 426
^ Armory v Delamirie (1722) 93 ER 664, 1 Strange 505
^ Matthews, The Man of Property , 251–274
^ Savigny, Das Recht des Besitzes , 25
^ Locke, Second Treatise on Civil Government , Chap. IX. Of the Ends of Political Society and Government. Chapter 9, section 123.
^ McGhee, Snell's Equity , 7
^ c.f. Bristol and West Building Society v Mothew [1998] Ch 1
^ Keech v Sandford (1726) Sel Cas Ch 61
^ Nestlé v National Westminster Bank plc [1993] 1 WLR 1260
^ A Guide to the Treaty of Lisbon , The Law Society
^ Berle, Modern Corporation and Private Property
^ WIPO, Intellectual Property , 3
^ Modern scholars argue that the significance of this distinction has progressively declined; the numerous legal transplants , typical of modern law, result in the sharing by modern legal systems of many features traditionally considered typical of either common law or civil law (Mattei, Comparative Law and Economics , 71)
^ Civil law jurisdictions recognise custom as "the other source of law"; hence, scholars tend to divide the civil law into the broad categories of "written law" ( ius scriptum ) or legislation, and "unwritten law" ( ius non scriptum ) or custom. Yet they tend to dismiss custom as being of slight importance compared to legislation (Georgiadis, General Principles of Civil Law , 19; Washofsky, Taking Precedent Seriously , 7).
^ Gordley-von Mehren, Comparative Study of Private Law , 18
^ Gordley-von Mehren, Comparative Study of Private Law , 21
^ Stein, Roman Law in European History , 32
^ Stein, Roman Law in European History , 35
^ Stein, Roman Law in European History , 43
^ Badr, Islamic Law , 187–198 [196–8]
^ a b Makdisi, The Islamic Origins , 1635–1739
^ Hatzis, The Short-Lived Influence of the Napoleonic Civil Code in Greece , 253–263
^ Demirgüç-Kunt -Levine, Financial Structures and Economic Growth , 204
^ The World Factbook — Field Listing – Legal system , CIA
^ Magna Carta , Fordham University
^ Gordley-von Mehren, Comparative Study of Private Law , 4
^ Gordley-von Mehren, Comparative Study of Private Law , 3
^ Pollock (ed) Table Talk of John Selden (1927) 43; "Equity is a roguish thing. For law we have a measure... equity is according to the conscience of him that is Chancellor, and as that is longer or narrower, so is equity. 'Tis all one as if they should make the stadard for the measure a Chancellor's foot."
^ Gee v Pritchard (1818) 2 Swans. 402, 414
^ Blackstone, Commentaries on the Laws of England, Book the First – Chapter the First
^ Gordley-von Mehren, Comparative Study of Private Law , 17
^ Glenn, Legal Traditions of the World , 159
^ Anderson, Law Reform in the Middle East , 43
^ Giannoulatos, Islam , 274–275
^ Sherif, Constitutions of Arab Countries , 157–158
^ Saudi Arabia , Jurist
^ Akhlagi, Iranian Commercial Law , 127
^ Hallaq, The Origins and Evolution of Islamic Law , 1
^ Théodoridés. "law". Encyclopedia of the Archaeology of Ancient Egypt .  
^ VerSteeg, Law in ancient Egypt
^ Richardson, Hammurabi's Laws , 11
^ Kelly, A Short History of Western Legal Theory , 5–6
^ Ober, The Nature of Athenian Democracy , 121
^ Kelly, A Short History of Western Legal Theory , 39
^ Stein, Roman Law in European History , 1
^ As a legal system, Roman law has affected the development of law worldwide. It also forms the basis for the law codes of most countries of continental Europe, and has played an important role in the creation of the idea of a common European culture (Stein, Roman Law in European History , 2, 104–107).
^ Sealey-Hooley, Commercial Law , 14
^ Mattei, Comparative Law and Economics , 71
^ Badr, Islamic Law , 187–198
^ Justice Gamal Moursi Badr argues that Islamic law may "be called a lawyer 's law if common law is a judge 's law"(Badr, Islamic Law , 187–198, El-Gamal, Islamic Finance , 16).
^ The "royal English contract protected by the action of debt is identified with the Islamic Aqd , the English assize of novel disseisin is identified with the Islamic Istihqaq , and the English jury is identified with the Islamic Lafif ". Other parallels include "the scholastic method , the license to teach" ( Ijazah ), the " law schools known as Inns of Court in England and Madrasas in Islam", and the agency ( Hawala ) and trust law ( Waqf ) (Gaudiosi, The Influence of the Islamic Law , 1231–1261; Makdisi, The Islamic Origins , 1635–1739).
^ For discussion of the composition and dating of these sources, see Olivelle, Manu's Code of Law , 18-25.
^ Glenn, Legal Traditions of the World , 276
^ Glenn, Legal Traditions of the World , 273
^ Glenn, Legal Traditions of the World , 287
^ Glenn, Legal Traditions of the World , 304
^ Glenn, Legal Traditions of the World , 305
^ Glenn, Legal Traditions of the World , 307
^ Glenn, Legal Traditions of the World , 309
^ Farah, Five Years of China WTO Membership , 263–304
^ Rousseau, The Social Contract , Book II: Chapter 6 (Law)
^ Bix, John Austin
^ Roeber, What the Law Requires , 887
^ Stone, Human Law and Human Justice , 14, 51
^ Fritz Berolzheimer , The World's Legal Philosophies , 115–116
^ Kant, Immanuel , Groundwork of the Metaphysics of Morals , 42 (par. 434)
^ Green, Legal Positivism
^ Nietzsche, Zur Genealogie der Moral , Second Essay, 11
^ Kazantzakis, Friedrich Nietzsche and the Philosophy of Law , 97–98
^ Linarelli, Nietzsche in Law's Cathedral , 23–26
^ Marmor, The Pure Theory of Law
^ Bielefeldt, Carl Schmitt's Critique of Liberalism , 25–26
^ Finn, Constitutions in Crisis , 170–171
^ Bayles, Hart's Legal Philosophy , 21
^ Dworkin, Law's Empire , 410
^ Raz, The Authority of Law , 3–36
^ Raz, The Authority of Law , 37 etc.
^ According to Malloy ( Law and Economics , 114), Smith established "a classical liberal philosophy that made individuals the key referential sign while acknowledging that we live not alone but in community with others".
^ Jakoby, Economic Ideas and the Labour Market , 53
^ "The Becker-Posner Blog" . http://www.becker-posner-blog.com/ . Retrieved 2007-02-03 .  
^ Coase, The Nature of the Firm , 386–405
^ Coase, The Problem of Social Cost , 1–44
^ Coase, The Problem of Social Cost , IV, 7
^ Coase, The Problem of Social Cost , V, 9
^ Coase, The Problem of Social Cost , VIII, 23
^ a b Jary, Collins Dictionary of Sociology , 636
^ Rottleuthner, La Sociologie du Droit en Allemagne , 109
^ Rottleuthner, Rechtstheoritische Probleme der Sociologie des Rechts , 521
^ Rheinstein, Max Weber on Law and Economy in Society , 336
^ Johnson, The Blackwell Dictionary of Sociology, 156
^ Gurvitch, Sociology of Law , 142
^ Papachristou, Sociology of Law , 81–82
^ Montesquieu , The Spirit of Laws , Book XI: Of the Laws Which Establish Political Liberty, with Regard to the Constitution, Chapters 6–7
^ Thomas Hobbes, Leviathan , XVII
^ A Brief Overview of the Supreme Court , Supreme Court of the United States
^ House of Lords Judgements , House of Lords
^ Entscheidungen des Bundesverfassungsgerichts , Bundesverfassungsgericht
^ Jurisprudence, publications, documentation , Cour de cassation
^ Goldhaber, European Court of Human Rights , 1–2
^ Roe v Wade (1973) 410 U.S. 113 Retrieved 2007 - 01-26
^ Dicey, Law of the Constitution , 37–82
^ E.g., the court president is a political appointee (Jensen–Heller, Introduction , 11–12). About the notion of "judicial independence" in China, see Findlay, Judiciary in the PRC , 282–284
^ a b Sherif, Constitutions of Arab Countries , 158
^ Rasekh, Islamism and Republicanism , 115–116
^ Riker, The Justification of Bicameralism , 101
^ About "cabinet accountability" in both presidential and parliamentary systems, see Shugart–Haggard, Presidential Systems , 67 etc.
^ Haggard, Presidents, Parliaments and Policy , 71
^ Olson, The New Parliaments of Central and Eastern Europe , 7
^ See, eg Tuberville v Savage ( 1669 ), 1 Mod. Rep. 3, 86 Eng. Rep. 684, where a knight said in a threatening tone to a layman, "If it were not assize time, I would not take such language from you."
^ History of Police Forces , History.com Encyclopedia
^ Des Sergents de Ville et Gardiens de la Paix à la Police de Proximité , La Préfecture de Police
^ Weber, Politics as a Vocation
^ Weber, The Theory of Social and Economic Organisation , 154
^ In these cases sovereignty is eroded, and often warlords acquire excessive powers (Fukuyama, State-Building , 166–167).
^ Bureaucracy , Online Etymology Dictionary
^ Albrow, Bureaucracy , 16
^ Mises, Bureaucracy , II, Bureaucratic Management
^ a b Kettl, Public Bureaucracies , 367
^ Weber, Economy and Society , I, 393
^ Kettl, Public Bureaucracies , 371
^ Hazard–Dondi, Legal Ethics , 22
^ Hazard–Dondi, Legal Ethics , 1
^ The Sunday Times v The United Kingdom [1979] ECHR 1 at 49 Case no. 6538/74
^ Higher academic degrees may also be pursued. Examples include a Master of Laws , a Master of Legal Studies or a Doctor of Laws .
^ Ahamd, Lawyers: Islamic Law
^ Hazard–Dondi, Legal Ethics , 22–23
^ Fine, The Globalisation of Legal Education , 364
^ Warren, Civil Society , 3–4
^ Locke, Second Treatise , Chap. VII, Of Political or Civil_Society. Chapter 7, section 87
^ Hegel, Elements of the Philosophy of Right , 3, II, 182 ; Karkatsoulis, The State in Transition , 277–278
^ (Pelczynski, The State and Civil Society , 1–13; Warren, Civil Society , 5–9)
^ Zaleski, Pawel (2008). "Tocqueville on Civilian Society. A Romantic Vision of the Dichotomic Structure of Social Reality". Archiv für Begriffsgeschichte (Felix Meiner Verlag) 50 .  
^ Robertson, Crimes Against Humanity , 98–99
^ There is no clear legal definition of the civil society, and of the institutions it includes. Most of the institutions and bodies who try to give a list of institutions (such as the European Economic and Social Committee ) exclude the political parties. For further information, see Jakobs, Pursuing Equal Opportunities , 5–6; Kaldor–Anheier–Glasius, Global Civil Society , passim (PDF); Karkatsoulis, The State in Transition , 282–283.


jurisprudence


Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal philosophers, hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions. Modern jurisprudence began in the 18th century and was focused on the first principles of the law of nature, civil law, and the law of nations. [ 1 ] General Jurisprudence can be broken into categories both by the types of questions scholars seek to address and by the theories of jurisprudence or schools of thought regarding how those questions are best to be answered. Contemporary philosophy of law, which deals with general jurisprudence, addresses problems in two rough groups: [ 2 ]

1.) Problems internal to law and legal systems as such
2.) Problems of law as a particular social institution as it relates to the larger political and social situation in which it exists.

Answers to these questions come from four primary schools of thought in general jurisprudence: [ 3 ]

Natural law is the idea that there are rational objective limits to the power of legislative rulers. The foundations of law are accessible through human reason and it is from these laws of nature that human created laws gain whatever force they have. [ 4 ]
Legal Positivism , by contrast to natural law, holds that there is no necessary connection between law and morality and that the force of law comes from some basic social facts although positivists differ on what those facts are. [ 5 ]
Legal Realism is a third theory of jurisprudence which argues that the real world practice of law is what determines what law is; the law has the force that it does because of what legislators, judges, and executives do with it.
Critical Legal Studies is a younger theory of jurisprudence that has developed since the 1970s which is primarily a negative thesis that the law is largely contradictory and can be best analyzed as an expression of the policy goals of the dominant social group. [ 6 ]

Also of note is the work of the contemporary Philosopher of Law Ronald Dworkin who has advocated a constructivist theory of jurisprudence that can be characterized as a middle path between natural law theories and positivist theories of general jurisprudence. [ 7 ]
The English term is based on the Latin word jurisprudentia : juris is the genitive form of jus meaning "law", and prudentia means "knowledge". The word is first attested in English in 1628 [ 8 ] , at a time when the word prudence had the now obsolete meaning of "knowledge of or skill in a matter". The word may have come via the French jurisprudence , which is attested earlier.




Contents


1 History of jurisprudence
2 Natural law

2.1 Aristotle
2.2 Sharia and Fiqh in Islam
2.3 Thomas Aquinas
2.4 Thomas Hobbes
2.5 Lon Fuller
2.6 John Finnis


3 Analytic jurisprudence

3.1 Legal positivists

3.1.1 Bentham and Austin
3.1.2 Hans Kelsen
3.1.3 H. L. A. Hart
3.1.4 Joseph Raz


3.2 Ronald Dworkin
3.3 Legal realism
3.4 The Historical School


4 Normative jurisprudence

4.1 Virtue jurisprudence
4.2 Deontology
4.3 Utilitarianism
4.4 John Rawls


5 See also

5.1 General
5.2 Philosopher A-Z


6 References
7 Further reading
8 External links





//

History of jurisprudence




The Central Criminal Court of England and Wales at the Old Bailey


Jurisprudence already had this meaning in Ancient Rome , even if at its origins the discipline was a ( periti ) in the jus of mos maiorum (traditional law), a body of oral laws and customs verbally transmitted "by father to son". Praetors established a workable body of laws by judging whether or not singular cases were capable of being prosecuted either by the edicta, the annual pronunciation of prosecutable offense, or in extraordinary situations, additions made to the edicta. A iudex then would judge a remedy according to the facts of the case.
Their sentences were supposed to be simple interpretations of the traditional customs, but effectively it was an activity that, apart from formally reconsidering for each case what precisely was traditionally in the legal habits, soon turned also to a more equitable interpretation, coherently adapting the law to the newer social instances. The law was then implemented with new evolutive Institutiones (legal concepts), while remaining in the traditional scheme. Praetors were replaced in 3rd century BC by a laical body of prudentes . Admission to this body was conditional upon proof of competence or experience.
In ancient Indian vedic society, the law or Dharma, as followed by Hindus was interpreted by use of "Manu Smrti"- a set of poems which defined sin and the remedies.They were said to be written between 200 BC- 200 AD. In fact, these were not codes of law but norms related to social obligations and ritual requirements of the era.
Under the Roman Empire , schools of law were created, and the activity constantly became more academic. In the age from the early Roman Empire to the 3rd century, a relevant literature was produced by some notable groups including the Proculians and Sabinians . The degree of scientific depth of the studies was unprecedented in ancient times and reached still unrivaled peaks of skill.
After the 3rd century, Juris prudentia became a more bureaucratic activity, with few notable authors. It was during the Byzantine Empire (5th century) that legal studies were once again undertaken in depth, and it is from this cultural movement that Justinian 's Corpus Juris Civilis was born.
Natural law
Main article: Natural law
Natural law theory asserts that there are laws that are immanent in nature, to which enacted laws should correspond as closely as possible. This view is frequently summarised by the maxim an unjust law is not a true law , lex iniusta non est lex , in which 'unjust' is defined as contrary to natural law. Natural law is closely associated with morality and, in historically influential versions, with the intentions of God. To oversimplify its concepts somewhat, natural law theory attempts to identify a moral compass to guide the lawmaking power of the state and to promote 'the good'. Notions of an objective moral order, external to human legal systems, underlie natural law. What is right or wrong can vary according to the interests one is focused upon. Natural law is sometimes identified with the maxim that "an unjust law is no law at all", but as John Finnis , the most important of modern natural lawyers has argued, this maxim is a poor guide to the classical Thomist position.
Aristotle




Aristotle , by Francesco Hayez


Main article: Aristotle
Aristotle is often said to be the father of natural law. [ 9 ] Like his philosophical forefathers, Socrates and Plato , Aristotle posited the existence of natural justice or natural right ( dikaion physikon , δικαίον φυσικόν , Latin ius naturale ). His association with natural law is due largely to the interpretation given to him by Thomas Aquinas . [ 10 ] This was based on Aquinas' conflation of natural law and natural right, the latter of which Aristotle posits in Book V of the Nicomachean Ethics (= Book IV of the Eudemian Ethics ). Aquinas's influence was such as to affect a number of early translations of these passages, [ 11 ] though more recent translations render them more literally. [ 12 ]
Aristotle's theory of justice is bound up in his idea of the golden mean . Indeed his treatment of what he calls "political justice" derives from his discussion of “the just” as a moral virtue derived as the mean between opposing vices, just like every other virtue he describes. [ 13 ] His longest discussion of his theory of justice occurs in Nicomachean Ethics and begins by asking what sort of mean a just act is. He argues that the term “justice” actually refers to two different but related ideas: general justice and particular justice. [ 14 ] [ 15 ] When a person's actions are completely virtuous in all matters in relation to others, Aristotle calls her "just" in the sense of “general justice;” as such this idea of justice is more or less coextensive with virtue. [ 16 ] "Particular" or "Partial justice", by contrast, is the part of "general justice" or the individual virtue that is concerned with treating others equitably. [ 17 ] Aristotle moves from this unqualified discussion of justice to a qualified view of political justice, by which he means something close to the subject of modern jurisprudence. Of political justice, Aristotle argues that it is partly derived from nature and partly a matter of convention. [ 18 ] This can be taken as a statement that is similar to the views of modern natural law theorists. But it must also be remembered that Aristotle is describing a view of morality, not a system of law, and therefore his remarks as to nature here are about the grounding of the morality enacted as law not the laws themselves. The passage here is silent as to that question.
The best evidence of Aristotle's having thought there was a natural law comes from the Rhetoric , where Aristotle notes that, aside from the "particular" laws that each people has set up for itself, there is a "common" law that is according to nature. [ 19 ] The context of this remark, however, suggests only that Aristotle advised that it could be rhetorically advantageous to appeal to such a law, especially when the "particular" law of ones' own city was adverse to the case being made, not that there actually was such a law; [ 20 ] Aristotle, moreover, considered two of the three candidates for a universally valid, natural law suggested in this passage to be wrong. [ 21 ] Aristotle's theoretical paternity of the natural law tradition is consequently disputed. [ citation needed ]
Sharia and Fiqh in Islam




The first sura in a Qur'anic manuscript by Hattat Aziz Efendi .


Main articles: Sharia and Fiqh
Sharia ( شَرِيعَةٌ ) refers to the body of Islamic law . The term means "way" or "path"; it is the legal framework within which public and most private aspects of life are regulated for those living in a legal system based on Islamic principles of jurisprudence. Fiqh is the term for Islamic jurisprudence, made up of the rulings of Islamic jurists. A component of Islamic studies, Fiqh expounds the methodology by which Islamic law is derived from primary and secondary sources.
Mainstream Islam distinguish fiqh , which means understanding details and inferences drawn by scholars, from sharia that refers to principles that lie behind the fiqh. Scholars hope that fiqh and sharia are in harmony in any given case, but this cannot be assured. [ 22 ]
Early forms of logic in Islamic philosophy were introduced in Islamic jurisprudence from the 7th century with the process of Qiyas . During the Islamic Golden Age , there was a logical debate among Islamic philosophers and jurists whether the term Qiyas refers to analogical reasoning , inductive reasoning or categorical syllogism . Some Islamic scholars argued that Qiyas refers to reasoning, which Ibn Hazm (994-1064) disagreed with, arguing that Qiyas does not refer to inductive reasoning, but refers to categorical syllogism in a real sense and analogical reasoning in a metaphorical sense. On the other hand, al-Ghazali (1058-1111) (and in modern times, Abu Muhammad Asem al-Maqdisi ) argued that Qiyas refers to analogical reasoning in a real sense and categorical syllogism in a metaphorical sense. Other Islamic scholars at the time, however, argued that the term Qiyas refers to both analogical reasoning and categorical syllogism in a real sense. [ 23 ]
Thomas Aquinas




Thomas Aquinas was the most important Western medieval legal scholar


Main article: Thomas Aquinas
Saint Thomas Aquinas [Thomas of Aquin, or Aquino] (c. 1225 – 7 March 1274) was a philosopher and theologian in the scholastic tradition, known as "Doctor Angelicus, Doctor Universalis". He is the foremost classical proponent of natural theology , and the father of the Thomistic school of philosophy, for a long time the primary philosophical approach of the Roman Catholic Church . The work for which he is best-known is the Summa Theologica . One of the thirty-three Doctors of the Church , he is considered by many Catholics to be the Church's greatest theologian. Consequently, many institutions of learning have been named after him.
Aquinas distinguished four kinds of law. These are the eternal, natural, human, and divine law. Eternal law is the decree of God which governs all creation. Natural law is the human "participation" in the eternal law and is discovered by reason. [ 24 ] Natural law, of course, is based on "first principles":

. . . this is the first precept of the law, that good is to be done and promoted, and evil is to be avoided. All other precepts of the natural law are based on this . . . [ 25 ]

The desire to live and to procreate are counted by Aquinas among those basic (natural) human values on which all human values are based. Human law is positive law : the natural law applied by governments to societies. Divine law is the law as specially revealed in the scriptures and teachings of the apostles .
Thomas Hobbes




Thomas Hobbes was an English Enlightenment scholar


Main article: Thomas Hobbes
In his treatise Leviathan, (1651) , Hobbes expresses a view of natural law as a precept , or general rule, found out by reason , by which a man is forbidden to do that which is destructive of his life, or takes away the means of preserving the same; and to omit that by which he thinks it may best be preserved. Hobbes was a social contractarian [ 26 ] and believed that the law gained peoples' tacit consent. He believed that society was formed from a state of nature to protect people from the state of war between mankind that exists otherwise. Life is, without an ordered society, "solitary, poore, nasty, brutish and short". It is commonly commented that Hobbes' views about the core of human nature were influenced by his times. The English Civil War and the Cromwellian dictatorship had taken place, and he felt absolute authority vested in a monarch, whose subjects obeyed the law, was the basis of a civilized society.
Lon Fuller
Main article: Lon L. Fuller
Writing after World War II , Lon L. Fuller notably emphasised that the law must meet certain formal requirements (such as being impartial and publicly knowable). To the extent that an institutional system of social control falls short of these requirements, Fuller argues, we are less inclined to recognise it as a system of law, or to give it our respect. Thus, law has an internal morality that goes beyond the social rules by which valid laws are made. Fuller and scholar H.L.A. Hart were colleagues at Oxford University. One of the disagreements between Fuller, a natural lawyer, and Hart , a positivist, was whether Nazi law was so bad that it could no longer be considered law.
John Finnis
Main article: John Finnis
Sophisticated positivist and natural law theories sometimes resemble each other more than the above descriptions might suggest, and they may concede certain points to the other "side". Identifying a particular theorist as a positivist or a natural law theorist sometimes involves matters of emphasis and degree, and the particular influences on the theorist's work. In particular, the older natural lawyers, such as Aquinas and John Locke made no distinction between analytic and normative jurisprudence. But modern natural lawyers, such as John Finnis claim to be positivists, while still arguing that law is a basically moral creature.
Analytic jurisprudence




Hume made the famous is-ought distinction


Main article: Analytic jurisprudence
Analytic, or 'clarificatory' jurisprudence is using a neutral point of view and descriptive language when referring to the aspects of legal systems. This was a philosophical development that rejected natural law's fusing of what law is and what it ought to be. [ 27 ] David Hume famously argued in A Treatise of Human Nature [ 28 ] that people invariably slip between describing that the world is a certain way to saying therefore we ought to conclude on a particular course of action. But as a matter of pure logic, one cannot conclude that we ought to do something merely because something is the case. So analysing and clarifying the way the world is must be treated as a strictly separate question to normative and evaluative ought questions.
The most important questions of analytic jurisprudence are: "What are laws?"; "What is the law?"; "What is the relationship between law and power/sociology?"; and, "What is the relationship between law and morality?" Legal positivism is the dominant theory, although there are a growing number of critics, who offer their own interpretations.
Legal positivists
Main article: Legal positivism
Positivism simply means that the law is something that is "posited": laws are validly made in accordance with socially accepted rules. The positivist view on law can be seen to cover two broad principles: Firstly, that laws may seek to enforce justice, morality, or any other normative end, but their success or failure in doing so does not determine their validity. Provided a law is properly formed, in accordance with the rules recognized in the society concerned, it is a valid law, regardless of whether it is just by some other standard. Secondly, that law is nothing more than a set of rules to provide order and governance of society. No legal positivist, however, argues that it follows that the law is therefore to be obeyed, no matter what. This is seen as a separate question entirely.

What the law is - is determined by social facts (or "sources')
What obedience the law is owed - is determined by moral considerations.

Bentham and Austin




Bentham's utilitarian theories remained dominant in law till the twentieth century


Main articles: Jeremy Bentham and John Austin (legal philosopher)
One of the earliest legal positivists was Jeremy Bentham. Bentham was an early and staunch supporter of the utilitarian concept (along with Hume ), an avid prison reformer, advocate for democracy , and strongly atheist . Bentham's views about law and jurisprudence were popularized by his student, John Austin . Austin was the first chair of law at the new University of London from 1829. Austin's utilitarian answer to "what is law?" was that law is "commands, backed by threat of sanctions, from a sovereign, to whom people have a habit of obedience". [ 29 ] Contemporary legal positivists have long abandoned this view, and have criticised its oversimplification, H.L.A. Hart particularly.
Hans Kelsen
Main article: Hans Kelsen
Hans Kelsen is considered one of the preeminent jurists of the 20th century. He is most influential in Europe, where his notion of a Grundnorm or a "presupposed" ultimate and basic legal norm, still retains some influence. It is a hypothetical norm on which all subsequent levels of a legal system such as constitutional law and "simple" law are based. Kelsen's pure theory of law described the law as being a set of social facts, which are normatively binding too. Law's normativity, meaning that we must obey it, derives from a basic rule which sits outside the law we can alter. It is a rule proscribing the validity of all others.
Kelsen was a Professor at several universities in Europe, notably the University of Vienna and the University of Cologne . In 1940, he moved to the United States , giving the Oliver Wendell Holmes Lectures at Harvard Law School in 1942 and becoming a full professor at the department of political science at the University of California, Berkeley in 1945. During those years, he increasingly dealt with issues of international law and international institutions such as the United Nations .
H. L. A. Hart
Main article: H. L. A. Hart
In the Anglophone world, the pivotal writer was H. L. A. Hart , who argued that the law should be understood as a system of social rules. Hart rejected Kelsen's views that sanctions were essential to law and that a normative social phenomenon, like law, can not be grounded in non-normative social facts. Hart revived analytical jurisprudence as an important theoretical debate in the twentieth century through his book The Concept of Law . [ 30 ] As the chair of jurisprudence at Oxford University , Hart argued law is a 'system of rules'.
Rules, said Hart, are divided into primary rules (rules of conduct) and secondary rules (rules addressed to officials to administer primary rules). Secondary rules are divided into rules of adjudication (to resolve legal disputes), rules of change (allowing laws to be varied) and the rule of recognition (allowing laws to be identified as valid). The "rule of recognition", a customary practice of the officials (especially judges) that identifies certain acts and decisions as sources of law. A pivotal book on Hart was written by Neil MacCormick [ 31 ] in 1981 (second edition due in 2007), which further refined and offered some important criticisms that led MacCormick to develop his own theory (the best example of which is his recently published Institutions of Law , 2007). Other important critiques have included that of Ronald Dworkin , John Finnis , and Joseph Raz .
In recent years, debates about the nature of law have become increasingly fine-grained. One important debate is within legal positivism. One school is sometimes called exclusive legal positivism , and it is associated with the view that the legal validity of a norm can never depend on its moral correctness. A second school is labeled inclusive legal positivism , a major proponent of which is Wil Waluchow, and it is associated with the view that moral considerations may determine the legal validity of a norm, but that it is not necessary that this is the case.
Joseph Raz
Main article: Joseph Raz
Some philosophers used to contend that positivism was the theory that there is "no necessary connection" between law and morality; but influential contemporary positivists, including Joseph Raz, John Gardner, and Leslie Green, reject that view. As Raz points out, it is a necessary truth that there are vices that a legal system cannot possibly have (for example, it cannot commit rape or murder).
Joseph Raz defends the positivist outlook, but criticised Hart's "soft social thesis" approach in The Authority of Law . [ 32 ] Raz argues that law is authority, identifiable purely through social sources, without reference to moral reasoning. Any categorisation of rules beyond their role as authoritative is best left to sociology, rather than jurisprudence. [ 33 ]
Ronald Dworkin
Main articles: Ronald Dworkin and Interpretivism




Ronald Dworkin sought a theory of law which would justify judges' ability to strike down democratically decided laws.


Ronald Dworkin is a leading philosopher. In his book Law's Empire [ 34 ] Dworkin attacked Hart and the positivists for their refusal to treat law as a moral issue. Dworkin argues that law is an 'interpretive' concept, that requires judges to find the best fitting and most just solution to a legal dispute, given their constitutional traditions. According to him, law is not entirely based on social facts, but includes the morally best justification for the institutional facts and practices that we intuitively regard as legal. It follows on Dworkin's view that one cannot know whether a society has a legal system in force, or what any of its laws are, until one knows some moral truths about the justifications for the practices in that society. It is consistent with Dworkin's view—in contrast with the views of legal positivists or legal realists—that *no one* in a society may know what its laws are (because no one may know the best justification for its practices.)
Interpretation, according to Dworkin's law as integrity theory, has two dimensions. To count as an interpretation, the reading of a text must meet the criterion of fit . But of those interpretations that fit, Dworkin maintains that the correct interpretation is the one that puts the political practices of the community in their best light, or makes of them the best that they can be . But many writers have doubted whether there is a single best justification for the complex practices of any given community, and others have doubted whether, even if there are, they should be counted as part of the law of that community.
Legal realism




Oliver Wendell Holmes was a self-defined legal realist


Main article: Legal realism
Legal realism was a view popular with some Scandinavian and American writers. Skeptical in tone, it held that the law should be understood and determined by the actual practices of courts, law offices, and police stations, rather than as the rules and doctrines set forth in statutes or learned treatises. It had some affinities with the sociology of law. The essential tenet of legal realism is that all law is made by human beings and, thus, is subject to human foibles, frailties and imperfections.
It has become quite common today to identify Justice Oliver Wendell Holmes , Jr., as the main precursor of American Legal Realism (other influences include Roscoe Pound , Karl Llewellyn and Justice Benjamin Cardozo ). Karl Llewellyn, another founder of the U.S. legal realism movement, similarly believed that the law is little more than putty in the hands of a judge who is able to shape the outcome of a case based on personal biases. [ 35 ] The chief inspiration for Scandinavian legal realism many consider to be the works of Axel Hägerström . Despite its decline in facial popularity, realists continue to influence a wide spectrum of jurisprudential schools today, including critical legal studies (scholars such as Duncan Kennedy and Roberto Unger ), feminist legal theory , critical race theory , law and economics and law and society .
The Historical School
Main article: German Historical School
Historical jurisprudence came to prominence during the German debate over the proposed codification of German law. In his book On the Vocation of Our Age for Legislation and Jurisprudence , [ 36 ] Friedrich Carl von Savigny argued that Germany did not have a legal language that would support codification because the traditions, customs and beliefs of the German people did not include a belief in a code. The Historicists believe that the law originates with society.
Normative jurisprudence
Main article: Political philosophy
In addition to the question, "What is law?", legal philosophy is also concerned with normative, or "evaluative" theories of law. What is the goal or purpose of law? What moral or political theories provide a foundation for the law? What is the proper function of law? What sorts of acts should be subject to punishment , and what sorts of punishment should be permitted? What is justice? What rights do we have? Is there a duty to obey the law? What value has the rule of law? Some of the different schools and leading thinkers are as follows.
Virtue jurisprudence




Plato (left) and Aristotle (right), a detail of The School of Athens


Main article: Virtue jurisprudence
Aretaic moral theories such as contemporary virtue ethics emphasize the role of character in morality. Virtue jurisprudence is the view that the laws should promote the development of virtuous characters by citizens. Historically, this approach is associated mainly with Aristotle or Thomas Aquinas later. Contemporary virtue jurisprudence is inspired by philosophical work on virtue ethics.
Deontology




Kant was a pre-eminent Enlightenment thinker


Main article: Deontological ethics
Deontology is "the theory of duty or moral obligation." [ 37 ] The philosopher Immanuel Kant formulated one influential deontological theory of law. He argued that any rule we follow must be universalisable: we must be willing to will everyone to follow that rule. A contemporary deontological approach can be found in the work of the legal philosopher Ronald Dworkin .
Utilitarianism




Mill believed law should create happiness


Main article: Utilitarianism
Utilitarianism is the view that the laws should be crafted so as to produce the best consequences for the greatest number of people possible. Historically, utilitarian thinking about law is associated with the great philosopher, Jeremy Bentham . John Stuart Mill was a pupil of Bentham's and was the torch bearer for utilitarian philosophy through the late nineteenth century. [ 38 ] In contemporary legal theory, the utilitarian approach is frequently championed by scholars who work in the law and economics tradition.
John Rawls
Main articles: John Rawls and A Theory of Justice
John Rawls was an American philosopher , a professor of political philosophy at Harvard University and author of A Theory of Justice (1971), Political Liberalism , Justice as Fairness: A Restatement , and The Law of Peoples . He is widely considered one of the most important English-language political philosophers of the 20th century. His theory of justice uses a device called the original position to ask us which principles of justice we would choose to regulate the basic institutions of our society if we were behind a `veil of ignorance.' Imagine we do not know who we are - our race, sex, wealth status, class, or any distinguishing feature - so that we would not be biased in our own favour. Rawls argues from this 'original position' that we would choose exactly the same political liberties for everyone, like freedom of speech, the right to vote and so on. Also, we would choose a system where there is only inequality because that produces incentives enough for the economic well-being of all society, especially the poorest. This is Rawls' famous 'difference principle'. Justice is fairness, in the sense that the fairness of the original position of choice guarantees the fairness of the principles chosen in that position.
There are many other normative approaches to the philosophy of law, including critical legal studies and libertarian theories of law .
See also





General

Analytical jurisprudence
Artificial intelligence and law
Brocard
Cautelary jurisprudence
Critical legal studies
Defeasible reasoning
Fiqh
International legal theory
Judicial activism
Justice
Law and economics
Legal formalism
Legal positivism
Legal realism
Libertarian theories of law
Living Constitution
Originalism
Natural law
Political jurisprudence
Publius Iuventius Celsus
Strict interpretation
Virtue jurisprudence



workers compensation law


Workers' compensation (colloquially known as wokers' comp or workman's comp in North America and compo in Australia ) is a form of insurance that provides compensation medical care for employees who are injured in the course of employment, in exchange for mandatory relinquishment of the employee's right to sue his or her employer for the tort of negligence. The tradeoff between assured, limited coverage and lack of recourse outside the worker compensation system is known as "the compensation bargain." While plans differ between jurisdictions, provision can be made for weekly payments in place of wages (functioning in this case as a form of disability insurance ), compensation for economic loss (past and future), reimbursement or payment of medical and like expenses (functioning in this case as a form of health insurance ), and benefits payable to the dependants of workers killed during employment (functioning in this case as a form of life insurance ). General damages for pain and suffering , and punitive damages for employer negligence , are generally not available in worker compensation plans.
Employees' compensation laws are usually a feature of highly developed industrial societies, implemented after long and hard-fought struggles by trade unions [ citation needed ] . Supporters of such programs believe they improve working conditions and provide an economic safety net for employees. Conversely, these programs are often criticised for removing or restricting workers' common-law rights (such as suit in tort for negligence) in order to reduce governments' or insurance companies' financial liability. These laws were first enacted in Europe and Oceania , with the United States following shortly thereafter.




Contents


1 Compensation before statutory law
2 Statutory compensation law

2.1 Statutory compensation in Australia

2.1.1 South Australia
2.1.2 New South Wales
2.1.3 Victoria
2.1.4 Tasmania


2.2 Workers' compensation in Brazil
2.3 Statutory workers' compensation in Canada
2.4 Worker's compensation in Germany
2.5 Workers' compensation in the United Kingdom
2.6 Statutory compensation in the United States

2.6.1 Statutory compensation in Florida
2.6.2 Statutory compensation in New York state
2.6.3 Privatization
2.6.4 Alternate forms of statutory compensation in the United States
2.6.5 Opposition to statutory compensation in the United States




3 Workers' compensation cost containment

3.1 Cost drivers
3.2 Policies


4 Further considerations
5 See also
6 References
7 External links

7.1 Compensation agencies







//

Compensation before statutory law
Before the statutory establishment of workers' compensation, employees who were injured on the job were only able to pursue their employer through civil or tort law. [ 1 ] In the United Kingdom, the legal view of employment as a master - servant relationship required employees to prove employer malice or negligence, a high burden for employees to meet. Although employers' liability was unlimited, courts usually ruled in favor of employers, paying little attention to the full losses experienced by workers, including medical costs, lost wages, and loss of future earning capacity.
Statutory compensation law
Statutory compensation law provides advantages to employees and employers. A schedule is drawn out to state the amount and forms of compensation to which an employee is entitled, if he/she has sustained the stipulated kinds of injuries. Employers can buy insurance against such occurrences. However, the specific form of the statutory compensation scheme may provide detriments. Statutes often award a set amount based on the types of injury. These payments are based on the ability of the worker to find employment in a partial capacity: a worker who has lost an arm can still find work as a proportion of a fully-able person. This does not account for the difficulty in finding work suiting disability . When employers are required to put injured staff on "light-duties" the employer may simply state that no light duty work exists, and sack the worker as unable to fulfill specified duties. When new forms of workplace injury are discovered, for instance: stress, repetitive strain injury , silicosis ; the law often lags behind actual injury and offers no suitable compensation, forcing the employer and employee back to the courts (although in common-law jurisdictions these are usually one-off instances). Finally, caps on the value of disabilities may not reflect the total cost of providing for a disabled worker. The government may legislate the value of total spinal incapacity at far below the amount required to keep a worker in reasonable living conditions for the remainder of his life.
A related issue is that the same physical loss can have a markedly different impact on the earning capacity of individuals in different professions. For instance, the loss of a finger could have a moderate impact on a banker's ability to do his or her job, but the same injury would totally ruin a pianist.
Statutory compensation in Australia
As Australia experienced a relatively influential labour movement in the late 19th and early 20th century, statutory compensation was implemented very early in Australia.
South Australia
In South Australia legislation was enacted in 1986 called the Workers Rehabilitation and Compensation Act . The WorkCover Corporation of South Australia WorkCoverSA has the responsibility for administering the Act.
New South Wales
In NSW, workers compensation is governed by the Worker's Compensation Act 1987. WorkCover NSW is a statutory authority within the portfolio of the Minister for Finance. Its primary objective is to work in partnership with the NSW community to achieve safe workplaces, effective return to work and security for injured workers. [ 2 ]
Victoria
Workers Compensation is managed in Victoria by WorkSafe Victoria " which has the role of managing Victoria's workplace safety system. The responsibilities broadly are help employees avoid workplace injuries occurring, enforcement of Victoria's occupational health and safety laws, provision of reasonably priced workplace injury insurance for employers, assisting injured workers back into the workforce and managing the workers' compensation scheme by ensuring the prompt delivery of appropriate services and adopting prudent financial practices. [ 3 ]
Tasmania
Tasmania's Workers Compensation system is managed by WorkCover Tasmania which takes its role seriously in Workers Compensation. It monitors and ensures safety and prevention including producing publications, education seminars, assists businesses with an advisory service, oversees the accreditation of medical practitioners, ensures that employees are insured and licensed and also promotes special events. [ 4 ]
Workers' compensation in Brazil
Welfare (called Instituto Nacional do Seguro Social - INSS) is the social insurance for those who contribute. It is a public institution that aims to recognize and grant rights to its policyholders. The amount transferred by Welfare is used to replace the income of the worker taxpayer, when he loses the ability to work, by sickness, disability, age, death, involuntary unemployment, or even maternity and imprisonment. During the first 15 days worker’s salary is paid by his employers and after that by Welfare, while inability to work lasts. It is up to 75% of the workers’ wages.
The Brazilian Welfare went through several conceptual and structural changes, involving the degree of coverage, the list of benefits and how the system is financed. If one cannot work, his employer pays for the first 15 days and the Welfare pays from the 16th day on, while he is unable to work. On the other hand, if workers intend to receive compensation from their former employer, there is a time limit for filling a claim (2 years), which must be legally supported. Workers’ compensation laws are the same in the whole country and tend to be protective.
Statutory workers' compensation in Canada
Workers' compensation was Canada 's first social program to be introduced as it was favoured by both workers' groups and employers hoping to avoid lawsuits. The system arose after an inquiry by Ontario Chief Justice William Meredith who outlined a system that workers should be compensated for workplace injuries, but that they must give up their right to sue their employers. It was introduced in the various provinces at different dates. Ontario was first in 1915, Manitoba in 1916, British Columbia in 1917. It remains a provincial responsibility and thus the exact rules vary from province to province. In some provinces, such as Ontario's Workplace Safety and Insurance Board , the programme also had a preventative role ensuring workplace safety. In British Columbia, the occupational health and safety mandate (including the powers to make regulation, inspect and assess administrative penalties)is legislatively assigned to the Workers' Compensation Board of British Columbia WorkSafeBC . In most provinces the workers' compensation board or commission remains solely concerned with insurance. The workers' compensation insurance system in every province is funded by employers based on their payroll, industry sector and history of injuries (or lack thereof) in their workplace (usually referred to as "experience rating").
Worker's compensation in Germany
Main article: Worker's compensation Germany
The German worker's compensation law of 6 July 1884 [ 5 ] — initiated by Prince Otto von Bismarck , [ 6 ] [ 7 ] passed only after three attempts — was the first of its kind in the world. [ 8 ] Similar laws passed in Austria in 1887, Norway in 1894, and Finland in 1895. [ 9 ]
The Sickness Insurance law paid indemnity to all private wage earners and apprentices, including those who work in the agricultural and horticultural sectors and marine industries, family helpers and students with work-related injuries, for up to 13 weeks. Workers who are totally disabled get continued benefits at 67% after this 13-week period - paid by the accident funds, financed entirely by employers.
The German compensation system has been taken as a model for many nations.
Workers' compensation in the United Kingdom





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There is no comparable workers compensation scheme in the UK. An employee can pay for expensive permanent health insurance or private medical plans but the UK Government does not recognise the need for a rigid insurance scheme of the sort prevalent across the USA and a number of other countries. Work related safety issues in the UK are controlled by the Health & Safety Executive (HSE) who provide the framework by which employers and employees are able to comply with statutory rules and regulations. [ 10 ]
With the exception of the following all Employers are obliged to purchase Compulsory Employers Liability Insurance in accordance with the Employers Liability (Compulsory Insurance) Act of 1969. The current minimum Limit of Indemnity required is £5,000,000 per occurrence. Market practice is to usually provide a minimum £10,000,000 with inner limits to £5,000,000 for certain risks e.g. workers on oil rigs and acts of terrorism.
Employers who do not require Employers Liability Compulsory Insurance are:
• local authorities (other than Parish Councils) • joint boards or committees whose members include members of local authorities • police authorities • nationalised industries or their subsidiaries • certain bodies which are financed out of public funds • employers of crews on offshore installations, ships or hovercraft, if they are covered instead with a mutual insurance association of ship owners or ship owners and others • a health service body or NHS Trust
“Employees” are defined as anyone who has entered into or works under a contract of service or apprenticeship with an employer. The contract may be for manual labour, clerical work or otherwise, it may be written or verbal and it may be for full time or part time work.
'Persons who are not classed as employees and, therefore, are exempt are:-
• persons who are not employees (for example independent contractors who are not the employees of the person engaging them) • people employed in any activity which is not a business (e.g. domestic servants) • people who are related to the employer - husband, wife, father, mother, grandfather, grandmother, stepfather, stepmother, son, daughter, grandson, granddaughter, stepson, stepdaughter, brother sister, half-brother or half-sister • people who are not normally resident in Great Britain and who are working here for fewer than 14 consecutive days.
Employees need to establish that their employer has a legal liability to pay compensation. This will principally be a breach of a statutory duty or under the tort of negligence. In the event that the Employer is insolvent or no longer in existence Compensation can be sought directly from the Insurer under the terms of the Third Party Rights Against Insurers Act of 1930.
History: see: Workmen's Compensation Act 1897 && following
Statutory compensation in the United States
At the turn of the 19th century workers’ compensation laws were voluntary for a couple of reasons. Specifically, an elective law made passage easier and many felt that compulsory workers’ compensation laws would violate the 14th amendment due process clause of the U.S. Constitution. Since workers’ compensation mandated benefits without regard to fault or negligence, many felt that compulsory participation would deprive the employer of property without due process. The issue of due process was resolved by the United States Supreme Court in 1917 when in New York Central Railway Co. v. White it was held that an employer’s constitutional rights weren't affected. After the ruling most states enacted new compulsory workers’ compensation laws.
In 1855, Georgia and Alabama passed Employer Liability Acts; 26 other states passed similar acts between 1855-1907. These acts simply permitted injured employees to sue the employer and then prove a negligent act or omission. [ 11 ] [ 12 ] (A similar scheme was birthed in Britain's 1880 Act. [ 13 ] )
After Germany's 1884 Act , workers' compensation laws began to be reformed to reduce the need for litigation , and to mitigate the requirement that injured workers prove their injuries were their employer's "fault". For example, The 1897 British Act replaced the 1880 Act.
In the United States, the first state such worker's compensation law was passed in Maryland in 1902, and the first law covering federal employees was passed in 1906. [ 14 ] (See: FELA , 1908; FECA , 1916; Kern , 1918.) By 1949, all states had enacted some kind of workers' compensation regime. [ 15 ] Such schemes were originally known as "workman's compensation," but today, most jurisdictions have adopted the term "workers' compensation" as a gender-neutral alternative.
In the United States, most employees who are injured on the job have an absolute right to medical care for any injury, and in many cases, monetary payments to compensate for resulting temporary or permanent disabilities. Most employers are required to subscribe to insurance for workers' compensation, and an employer who does not may have financial penalties imposed. Texas employers have the unique ability to opt out of the Workers' Compensation system under the original state law written in 1913. However, those employers, known as nonsubscribers, still need insurance coverage in the event of workplace injury. This then is how the nonsubscription industry in Texas began.
Nonsubscription has proven to be a highly successful free market alternative to the government run workers' compensation system in Texas. Over 40% of Texas employers are nonsubscribers, including many of the state's larger and better known employers such as the H-E-B Grocery Company. Historically, these employers have had significantly greater satisfaction ratings and reduced expenses when compared to the workers’ compensation system. [ 16 ]
In many states, there are public uninsured employer funds to pay benefits to workers employed by companies who illegally fail to purchase insurance. Insurance policies are available to employers through commercial insurance companies: if the employer is deemed an excessive risk to insure at market rates, it can obtain coverage through an assigned-risk program.
Workers' compensation is administered on a state-by-state basis , with a state governing board overseeing varying public/private combinations of workers compensation systems. [ 17 ] The federal government has its own workers' compensation program, subject to its own requirements and statutory parameters for federal employees. In the vast majority of states, workers' compensation is solely provided by private insurance companies. 12 states operate a state fund (which serves as a model to private insurers and insures state employees), and a handful have state-owned monopolies. To keep the state funds from crowding out private insurers, they are generally required to act as assigned-risk programs or insurers of last resort, and they can only write workers' compensation policies. In contrast, private insurers can turn away the worst risks and can write comprehensive insurance packages covering general liability, natural disasters, and so on. Of the 12 state funds, the largest is California 's State Compensation Insurance Fund . The federal government pays its workers' compensation obligations for its own employees through regular appropriations.
The California Constitution, Article XIV section 4, sets forth the intent of the people to establish a system of workers' compensation. This section provides the Legislature with the power to create and enforce a complete system of workers' compensation and, in that behalf, create and enforce a liability on the part of any or all employers to compensate any or all of their employees for injury or disability, and their dependents, for death incurred or sustained by said employees in the course of their employment, irrespective of the fault of any employee. Further, the Constitution provides that the system must accomplish substantial justice in all cases expeditiously, inexpensively, and without incumbrance of any character. It was the intent of the people of California when they voted to amend the state constitution in 1918, to require the Legislature to establish a simple system that guaranteed full provision for adequate insurance coverage against liability to pay or furnish compensation. Providing a full provision for regulating such insurance coverage in all its aspects, including the establishment and management of a State compensation insurance fund; full provision for otherwise securing the payment of compensation; and full provision for vesting power, authority and jurisdiction in an administrative body with all the requisite governmental functions to determine any dispute or matter arising under such legislation, in that the administration of such legislation accomplish substantial justice in all cases expeditiously, inexpensively, and without incumbrance of any character. All of which matters is the people expressly declared to be the social public policy of this State, binding upon all departments of the State government. [ 18 ]
It is illegal in most states for an employer to terminate or refuse to hire an employee for having reported a workplace injury or filed a workers' compensation claim. However, it is often not easy to prove discrimination on the basis of the employee's claims history. To abate discrimination of this type, some states have created a "subsequent injury trust fund" which will reimburse insurers for benefits paid to workers who suffer aggravation or recurrence of a compensable injury. It is also suggested that laws should be made to prohibit inclusion of claims history in databases or to make it anonymous. (See privacy laws .)
Employees may not falsely claim benefits. There have been instances where the sub rosa videos recorded by private investigators show employees engaging in sports or other strenuous physical activities, although the employees allegedly suffered disability or injury. [ citation needed ] Such evidence may not be admissible at a trial, if it is found that the taping infringed on the employees' reasonable expectation of privacy. [ citation needed ]
Some employers vigorously contest employee claims for workers' compensation payments. In any contested case, or in any case involving serious injury, a lawyer with specific experience in handling workers' compensation claims on behalf of injured workers should be consulted. Laws in many states limit a claimant's legal expenses to a certain fraction of an award; such "contingency fees" are payable only if the recovery is successful. In some states this fee can be as high as 40% or as little as 11% of the monetary award recovered, if any. [ citation needed ]
In the vast majority of states, original jurisdiction over workers' compensation disputes has been transferred by statute from the trial courts to special administrative agencies. [ citation needed ] Within such agencies, disputes are usually handled informally by administrative law judges . Appeals may be taken to an appeals board and from there into the state court system. However, such appeals are difficult and are regarded skeptically by most state appellate courts, because the point of workers' compensation was to reduce litigation. A few states still allow the employee to initiate a lawsuit in a trial court against the employer. Ohio allows appeals to go before a jury. [ 19 ]
Various organizations focus resources on providing education and guidance to workers' compensation administrators and adjudicators in various state and national workers' compensation systems. These include the American Bar Association (ABA), the International Association of Industrial Boards and Commissions (IAIBC), and the National Association of Workers' Compensation Judiciary (NAWCJ).
Statutory compensation in Florida
Florida workers’ compensation (WC) is a statutory program defined primarily by Chapter 440 Florida Statutes. Florida WC provides two primary benefits to workers with work-related injuries or illnesses. Medical care is defined by F.S. 440.13. Medical benefits may be delivered through a “managed care” plan, at the option of the employer. Indemnity, or “income replacement,” benefits are defined by F.S. 440.15. Indemnity is divided into “temporary” and “permanent.” These are expressions of “duration.” Each duration measure is subdivided into “partial” and “total” disability. These are expressions of “extent.” Indemnity is therefore potentially available for “temporary total,” “temporary partial,” “permanent partial,” and “permanent total.” Governmental oversight responsibility for the system is divided between the Division of Workers’ Compensation (DWC) and the Office of the Judges of Compensation Claims (OJCC). The DWC is part of the Department of Financial Services (DFS) and regulates the reporting of workplace injuries and illnesses. Insurance companies and self-insured employers are obligated to report claim information to the DWC thereafter. Examples of required data submissions include payment of medical bills, inception and cessation of indemnity benefits, and closure of the claim. The DWC also provides advice and assistance to injured workers through the Ombudsman or “Employee Assistance Office,” commonly called the “EAO.”
The OJCC is an independent agency within the Division of Administrative Hearings (DOAH). An injured worker seeking benefits that are not administratively provided by the employer or its insurance carrier may seek an order from the OJCC compelling provision of that benefit(s). The request is made in the form of a “petition for benefits” or “PFB,” which is defined in F.S. 440.192. Each PFB is assigned to a Judge of Compensation Claims (JCC) in the geographic region in which the accident or illness occurred. Florida is divided into 17 such regions, called “Districts.” Each District is staffed by one to five JCCs. There are 33 JCCs in Florida. The filing of a PFB automatically triggers the court to order a mediation conference, which must be held within 130 days after the filing of the petition. Many claims for benefits are resolved between the parties before the mediation conference. Those issues that are not resolved before or during mediation will be scheduled for trial, or final merit hearing, before the assigned JCC. The final hearing must be held and concluded within 90 days after the mediation conference is held, allowing the parties sufficient time to complete discovery. The decisions of each JCC are reviewable by the First District Court of Appeal in Tallahassee, FL.
Statutory compensation in New York state





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Workers' compensation is required by law for business owners to have in place for their employees. In March 2007, the state of New York adopted major reforms to its Workers' Compensation law. These reforms included an increase in available temporary disability payments for injured workers with the trade-off being that lifetime permanent partial disability benefits are no longer available for injuries after July 1, 2008. As with many systemic changes to broad legal schemes, the reforms have spawned significant litigation to clarify the meaning of many of the changed statutory sections. The Workers' Compensation Board has also attempted to resolve many more cases administratively, meaning that no hearing may be held to resolve a particular dispute, but this change has had unintended consequences. For example, injured workers may not sufficiently understand their rights, since an administrative decision may easily be confused with a proper legal determination (which it may not be). Injured workers are advised to consult an experienced Workers' Compensation attorney since consultation is free (a lawyer in New York cannot charge a fee regarding a Workers' Compensation claim without getting the fee approved by a Workers' Compensation Law Judge). In cities like Rochester, the Workers' Compensation Board has become a central location around which many of the experienced lawyers on both sides have located their offices. Owners of for-profit corporations are exempt from workers compensation insurance however non-profit companies do not get the exclusion.
Privatization
In recent years, workers compensation programs in West Virginia and Nevada were successfully privatized , through mutualization , in part to resolve situations in which the programs in those states had significantly underfunded their liabilities. Only four states rely on entirely state-run programs for workers compensation: North Dakota, Ohio, Washington, and Wyoming. Many other states maintain state-run funds but also allow private insurance companies to insure employers and their employees, as well.
Alternate forms of statutory compensation in the United States
Employees of common carriers by rail have a statutory remedy under the Federal Employers' Liability Act , 45 U.S.C. sec. 51, which provides that a carrier "shall be liable" to an employee who is injured by the negligence of the employer. To enforce his compensation rights, the employee may file suit in United States district court or in a state court. The FELA remedy is based on tort principles of ordinary negligence and differs significantly from most state workers' compensation benefit schedules.
Seafarers employed on United States vessels who are injured because of the owner's or the operator's negligence can sue their employers under the Jones Act , 46 U.S.C. App. 688., essentially a remedy very similar to the FELA one.
Opposition to statutory compensation in the United States
Opponents argue that workers' compensation laws may hurt the U.S. workers they were designed to help [ citation needed ] . Large employers may have an incentive to move segments of their business—and their jobs—to areas where workers' compensation benefits (and other employee protections) are less generous or are harder to obtain. This is because the United States lacks a unified and national set of employee entitlements covering minimum wage , wage and hour , or collective bargaining rights in addition to compensation. Labor unions describe this system as a race to the bottom , as state legislatures cut employee entitlements to attract capital . Moreover, applying laws to citizens (or organisations) abroad, is an exception rather than the rule under common law.
United States employers can also move some operations to other countries where employee entitlements are much lower than in the U.S., and where there may be no workers' compensation or other legal remedies at all for workers who are injured or who are exposed to hazardous substances while on the job. Such countries may also have weaker or no legal protections available for employees in areas such as job discrimination , social security , or the right to organize or to join a trade union. Some small business owners complain that the cost of workers’ compensation, which they pay in the form of insurance premiums, places a heavy burden on them.
Economists who favor the distributism system of economics cite workers' compensation as an example of how far the modern capitalist economic system approaches what they call the "servile state" or "slavery worker" system. They say that in past times, when ownership of the means of production were more widely distributed, it would not be natural to hold an employer responsible for a worker's injury, since the worker was freely choosing to work for that employer. Distributors assert that in modern times, with the vast majority of people dispossessed of the means of production, requiring employers to have workers compensation shows how much workers really are dependent on being employed and are essentially forced to work for someone else to survive. Some distributors who feel that capitalism is heading in the direction of a slavery system feel that this will come about by workers exchanging their personal freedom for economic benefits like workers' compensation. [ citation needed ]
Workers' compensation cost containment
Many things can be done to reduce the cost of workers' compensation. While many business owners and managers initially think "workers' compensation is the cost of doing business," this is not really true and there are many controls that can be put in place inside a company to make sure an employer pays only for legitimate injuries, from the time an employee is medically unable to return to any productive task at the workplace.
This field of risk management is a specialized niche called "post loss cost containment," "injury management cost reduction," and several other names. The specialty centers around actions an employer can do to "manage" the processes in the workplace immediately after an injury occurs. There are four stages to the workers' compensation cost containment process including: assessment & recommendations, design & development, implementation and rollout.
Cost drivers
The areas generally considered to be key cost drivers are:

building management commitment,
working with the insurance company & insurance adjusters,
implementing an effective return to work & transitional duty program,
coordinating medical care,
medical cost management,
recognizing fraud and abuse,
self-interested defense counsel
improving communication with employees, and
training supervisors.

Employers should use a "holistic" approach to workers' compensation cost containment by looking at the total problem, rather than focusing only on one area such as reducing medical bills. By taking a "can do" approach, employers focus on controlling procedures within their control rather than the many things they cannot control. For example, employers cannot quickly or easily change the workers' compensation laws or eliminate plaintiff's lawyers or the legal system, items that are frequently mentioned as "causes" of high workers' compensation costs; however, an employer can implement a "post-injury response procedure" in their own workplace specifying what an employee must do if injured. Employers must "take charge" of those things within their control. Employers should also do after-action reviews (AARs) when an individual claimant's case has cost an extraordinary amount or resulted in extensive litigation to try and determine what went wrong. Often the biggest driver in costs is a failure to recognize a meritorious claim quickly. Delayed treatment can result in a need for much more extensive treatment and/or the futility of all efforts at healing and eventual return to competitive employment. An injured worker's sense of having been the victim of an unjust litigation process can also lead to increased rates of consequential depression and other mental health conditions which create a complicating "overlay" to an initial physical injury.
In the United States, there has developed a relatively small industry of cost control consultants who review Workers' Compensation insurance premium charges for employers in order to find and correct overcharges caused by technical errors by insurers. These consultants are known as Workers Compensation Third Party Administrators. Part of their function typically is to review classification codes, payroll audits, and experience modification factor calculations. These consultants reduce Workers' Compensation costs by correcting errors in insurance premium calculations, rather than by reducing claims costs.
Policies
Having consistent policies and forms helps the employer remain in control of the process. Even very small companies should have a tight post-injury procedure to help management control the post-injury process. The overall goal is for 95% of injured employees to return to work within 1–4 days after the injury unless they are medically unable to perform any productive role for the employer. The time out of work should be proportionate to the length of the disability. The Average Cost Per Employee in 2009, according to the 2009 RIMS Benchmarking Survey is $721 for all employers combined.
Some documents and policies to use are:

Transitional Duty Policy
Work Ability Form
Transitional Assignment Form
Post Injury Procedure
Worst-to-Best Benchmark Performance List
Employee Brochure
Introduction Letter to Employees
Employee Acknowledgement Form
Physician Telephone Contact Questionnaire
Supervisors Guide to Workers' Compensation
General Manager Best Practices

Further considerations





This section may contain original research . Please improve it by verifying the claims made and adding references . Statements consisting only of original research may be removed. More details may be available on the talk page . (September 2009)


In general, statutory Workers' Compensation systems strike a compromise, guaranteeing workers medical care and payment for lost time on a no-fault basis. Before the enactment of Workers' Compensation laws, injured workers had to file suit against employers (usually for the tort of negligence), and such legal actions had significant drawbacks for workers. At the same time, a successful suit could impose very large and unpredictable costs on an employer. Statutory Workers' Compensation systems provide for prompt payment of medical, rehabilitation, and lost time costs to injured workers, while placing limits on the cost of the system for employers. This trade-off became known as the "workers' compensation bargain"; that is, the worker traded his/her right to bring a tort suit against their employer in exchange for prompt medical care and disability payments (indemnity payments). Thus workers compensation is the original " Tort reform ".
In many states today, Workers' Compensation represents a major cost of business for employers, and there is ongoing political maneuvering by both business and labor groups to shift the compromise balance struck by Workers' Compensation statutes (for an example see California's Senate Bill (SB) 899). In general, business groups seek to limit the cost of Workers' Compensation coverage, while labor groups seek to increase benefits paid to workers.
Workers’ compensation in Texas remains generally elective meaning that most private sector employers can choose to subscribe to workers’ compensation or operate as a Texas nonsubscriber. Nonsubscription wasn't a major issue until the late 1980s when workers' compensation premiums escalated, on average, 150%. In response, businesses provided injury benefit plans to offer occupational injury benefits to employees as nonsubscribers. [ 20 ]
For many employers, nonsubscription has been a choice that kept their operations in Texas and aided them in providing better care to their employees. The Texas Association of Business Organization believes that this critical workplace tool must be preserved. Over 40 percent of Texas businesses are nonsubscribers, who historically have had significantly greater satisfaction ratings and reduced expenses when compared to the workers’ compensation system. [ 16 ]
For the commercial insurance market, Workers' Compensation represents a major line of business, although one that is sometimes problematic for the insurance industry. Premiums are large, but many insurers find it difficult to turn a profit in many states, as benefit costs sometimes exceed premiums. This line of insurance is regulated fairly closely by most states, although in recent years many states have allowed insurance companies greater flexibility in pricing this line of coverage. The hope has been that by encouraging price competition among insurers for Workers' Compensation insurance, employers would benefit by being able to obtain lower overall premiums. However, the introduction of competitive pricing for Workers' Compensation insurance has also led to significant swings in cost, as the insurance market moves between 'hard' and 'soft' markets. Employers often benefit from lower premiums in 'soft' insurance markets, only to see their premiums increase exponentially during 'hard' insurance markets. [ 21 ]
Injured Workers sometimes complain that insurance companies do not treat them fairly or in compliance with the law, while employers often complain about their costs of insurance being driven up by exaggerated or fraudulent claims. Thus, the field engenders a considerable amount of controversy and litigation. These disputed areas include both claims and premium computations.
The statute of limitations for filing a compensation claim for an accidental injury varies from state to state.
See also




Organized labour portal





Advocates for Injured Workers (AIW)
Compensation of employees
Experience modifier
Federal Employers Liability Act (US)
History of the United States (1865–1918): Labor and management
Injury cover
Labor power
Labour law
List of United States federal legislation
List of US Workers' Compensation Insurers
Living wage
National Council on Compensation Insurance
Subpoena duces tecum
Transferable Skills Analysis
Worker's compensation Germany
Workingmen's Compensation Act (Kern-McGillicuddy Act) (US)
Workmen's Compensation Act 1897 (UK)


social security disability law


Social security is primarily a social insurance program providing social protection, or protection against socially recognized conditions, including poverty, old age, disability, unemployment and others. Social security may refer to:

social insurance , where people receive benefits or services in recognition of contributions to an insurance scheme. These services typically include provision for retirement pensions , disability insurance , survivor benefits and unemployment insurance .
income maintenance —mainly the distribution of cash in the event of interruption of employment, including retirement, disability and unemployment
services provided by administrations responsible for social security. In different countries this may include medical care, aspects of social work and even industrial relations.
More rarely, the term is also used to refer to basic security , a term roughly equivalent to access to basic necessities—things such as food , clothing , shelter, education , money , and medical care .





Contents


1 Social insurance
2 Income maintenance
3 Social protection
4 National systems

4.1 Social programs in sub-Saharan Africa


5 See also
6 References
7 Literature
8 Further reading
9 External links





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Social insurance
Main article: Social insurance
Actuaries define social insurance as a government-sponsored insurance program that is defined by statute, serves a defined population, and is funded through premiums or taxes paid by or on behalf of participants. Participation is either compulsory or the program is subsidized heavily enough that most eligible individuals choose to participate.
In the U.S., programs that meet this definition include Social Security , Medicare , the PBGC program, the railroad retirement program , and state-sponsored unemployment insurance programs . [ 1 ]
Income maintenance
Main article: Unemployment benefits
This policy is usually applied through various programs designed to provide a population with income at times when they are unable to care for themselves. Income maintenance is based in a combination of five main types of program:

Social insurance , considered above
Means-tested benefits. This is financial assistance provided for those who are unable to cover basic needs, such as food, clothing and housing, due to poverty or lack of income because of unemployment, sickness, disability, or caring for children. While assistance is often in the form of financial payments, those eligible for social welfare can usually access health and educational services free of charge. The amount of support is enough to cover basic needs and eligibility is often subject to a comprehensive and complex assessment of an applicant's social and financial situation. See also, Income Support .
Non-contributory benefits. Several countries have special schemes, administered with no requirement for contributions and no means test, for people in certain categories of need - for example, veterans of armed forces, people with disabilities and very old people.
Discretionary benefits. Some schemes are based on the discretion of an official, such as a social worker.
Universal or categorical benefits, also known as demogrants . These are non-contributory benefits given for whole sections of the population without a test of means or need, such as family allowances or the public pension in New Zealand (known as New Zealand Superannuation). See also, Alaska Permanent Fund Dividend .

Social protection
Social protection refers to a set of benefits available (or not available) from the state, market, civil society and households, or through a combination of these agencies, to the individual/households to reduce multi-dimensional deprivation . This multi-dimensional deprivation could be affecting less active poor persons (e.g. the elderly, disabled) and active poor persons (e.g. unemployed).
This broad framework makes this concept more acceptable in developing countries than the concept of social security. Social security is more applicable in the conditions, where large numbers of citizens depend on the formal economy for their livelihood. Through a defined contribution, this social security may be managed.
But, in the context of wide spread informal economy, formal social security arrangements are almost absent for the vast majority of the working population. Besides, in developing countries, the state's capacity to reach the vast majority of the poor people may be limited because of its limited resources. In such a context, multiple agencies that could provide for social protection is important for policy consideration. The framework of social protection is thus capable of holding the state responsible to provide for the poorest sections by regulating non-state agencies.
Collaborative research from the Institute of Development Studies debating Social Protection from a global perspective, suggests that advocates for social protection fall into two broad categories: 'instrumentalists' and 'activists'. 'Instrumentalists' argue that extreme poverty, inequality and vulnerability, is dysfunctional in the achievement of development targets (e.g. the MDGs). In this view social protection is about putting in place risk management mechanisms that will compensate for incomplete or missing insurance (and other) markets, until a time that private insurance can play a more prominent role in that society. 'Activist' arguments view the persistence of extreme poverty, inequality and vulnerability, as symptoms of social injustice and structural inequality and see social protection as a right of citizenship. Targeted welfare is a necessary step between humanitarianism and the ideal of a 'guaranteed social minimum' where entitlement extends beyond cash or food transfers and is based on citizenship, not philanthropy. [ 2 ]
National systems

National Insurance (UK)
Social Security in France
South African Social Security Agency
Social Security (United States)
Social Security (Sweden)
Social Security (Australia)
Central Provident Fund (Singapore)

Social programs in sub-Saharan Africa
Main article: Social programs in sub-Saharan Africa
Social protection in sub-Saharan Africa tends not to be very developed and yet the growth of some of the region's economies and concerted attempts to tackle poverty mean that this situation may change in the future.
See also

Cash transfers
Contingencies fund
Generational accounting
Health care system
Intergenerationality
International Social Security Association
Publicly-funded health care
National health insurance
Social policy
Social safety net
Social welfare provision
The Four Pillars
Welfare Rights
Welfare state

appeals


In law , an appeal is a process for requesting a formal change to an official decision.
The specific procedures for appealing, including even whether there is a right of appeal from a particular type of decision, can vary greatly from country to country. Even within a jurisdiction , the nature of an appeal can vary greatly depending on the type of case.
An appellate court is a court that hears cases on appeal from another court. Depending on the particular legal rules that apply to each circumstance, a party to a court case who is unhappy with the result might be able to challenge that result in an appellate court on specific grounds. These grounds typically could include errors of law , fact , or procedure (in the United States, due process ).
In different jurisdictions, appellate courts are also called appeals courts, courts of appeals, superior courts, or supreme courts.




Contents


1 Who can appeal
2 Ability to appeal
3 Direct or collateral

3.1 Types of appeal


4 Notice of appeal
5 How an appeal is processed
6 United States
7 Appellate review
8 See also
9 References





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Who can appeal
A party who files an appeal is called an appellant or petitioner , and a party on the other side is called a respondent (in most common-law countries) or an appellee (in the United States). A cross-appeal is an appeal brought by the respondent. For example, suppose at trial the judge found for the plaintiff and ordered the defendant to pay $50,000. If the defendant files an appeal arguing that he should not have to pay any money, then the plaintiff might file a cross-appeal arguing that the defendant should have to pay $200,000 instead of $50,000.
The appellant is the party who, having lost part or all their claim in a lower court decision, is appealing to a higher court to have their case reconsidered. This is usually done on the basis that the lower court judge erred in the application of law, but it may also be possible to appeal on the basis of court misconduct, or that a finding of fact was entirely unreasonable to make on the evidence.
The appellant in the new case can be either the plaintiff (or claimant ), defendant , or respondent (appellee) from the lower case, depending on who was the losing party. The winning party from the lower court, however, is now the respondent. In unusual cases the appellant can be the victor in the court below, but still appeal. For example, in Doyle v Olby (Ironmongers) Ltd [1969] 2 QB 158, the claimant appealed (successfully) on the basis that, although he won in the court below, the lower court had applied the wrong measure of damages and he had not been fully recompensed.
An appellee is the party to an appeal in which the lower court judgment was in its favor. The appellee is required to respond to the petition , oral arguments , and legal briefs of the appellant. In general, the appellee takes the procedural posture that the lower court's decision should be affirmed .
Ability to appeal
An appeal as of right is one that is guaranteed by statute or some underlying constitutional or legal principle. The appellate court cannot refuse to listen to the appeal. An appeal by leave or permission requires the appellant to move for leave to appeal; in such a situation either or both of the lower court and the appellate court may have the discretion to grant or refuse the appellant's demand to appeal the lower court's decision. A good example of this is the U.S. Supreme Court in which at least four justices must agree to hear the case if there is a constitutional issue.
In tort , equity , or other civil matters either party to a previous case may file an appeal. In criminal matters, however, the state or prosecution generally has no appeal as of right . And due to the double jeopardy principle, in the United States the state or prosecution may never appeal a jury or bench verdict of acquittal. But in some jurisdictions, the state or prosecution may appeal as of right from a trial court's dismissal of an indictment in whole or in part or from a trial court's granting of a defendant's suppression motion. Likewise, in some jurisdictions, the state or prosecution may appeal an issue of law by leave from the trial court and/or the appellate court. The ability of the prosecution to appeal a decision in favor of a defendant varies significantly internationally. [ 1 ] All parties must present grounds to appeal, or it will not be heard.
By convention in some law reports, the appellant is named first. This can mean that where it is the defendant who appeals, the name of the case in the law reports reverses (in some cases twice) as the appeals work their way up the court hierarchy. This is not always true, however. In the United States federal courts , the parties' names always stay in the same order as the lower court when an appeal is taken to the circuit courts of appeals , and are re-ordered only if the appeal reaches the United States Supreme Court .
Direct or collateral
Many jurisdictions recognize two types of appeals, particularly in the criminal context. [ 2 ] [ 3 ] [ 4 ] The first is the traditional "direct" appeal in which the appellant files an appeal with the next higher court of review. The second is the collateral appeal or post-conviction petition, in which the petitioner-appellant files the appeal in a court of first instance—usually the court that tried the case.
The key distinguishing factor between direct and collateral appeals is that the former only reviews evidence that was presented in the trial court, but the latter allows review of evidence dehors the record: depositions , affidavits , and witness statements that did not come in at trial. The standard for post-conviction relief is high, typically requiring the petitioner to demonstrate that the evidence presented was not available in the usual course of trial discovery.
Relief in post-conviction is rare and is most often found in capital or violent felony cases. The typical scenario involves an incarcerated defendant locating DNA evidence demonstrating the defendant's actual innocence.
Types of appeal
There are a number of appeal actions, their differences being potentially confusing, thus bearing some explanation. Three of the most common are an appeal to which the defendant has as a right, a writ of certiorari and a writ of habeas corpus.
An appeal to which the defendant has a right cannot be abridged by the court which is, by designation of its jurisdiction, obligated to hear the appeal. In such an appeal, the appellant feels that some error has been made in his trial, necessitating an appeal. A matter of importance is the basis on which such an appeal might be filed: generally appeals as a matter of right may only address issues which were originally raised in trial (as evidenced by documentation in the official record). Any issue not raised in the original trial may not be considered on appeal and will be considered estoppel. A convenient test for whether a petition is likely to succeed on the grounds of error is confirming that (1) a mistake was indeed made (2) an objection to that mistake was presented by counsel and (3) that mistake negatively affected the defendant’s trial.
A writ of certiorari, otherwise know as simply as cert, is an order by a higher court directing a lower court to send record of a case for review, and is the next logical step in post-trial procedure. While states may have similar processes, a writ of cert is usually only issued, in the United States, by the Supreme Court, although some states retain this procedure. Unlike the aforementioned appeal, a writ of cert is not a matter of right. A writ of cert will have to be petitioned for, the higher court issuing such writs on limited bases according to constraints such as time. In another sense, a writ of cert is like an appeal in its constraints; it too may only seek relief on grounds raised in the original trial.
A writ of habeas corpus is the last opportunity for the defendant to find relief against his guilty conviction. Habeas corpus may be pursued if a defendant is unsatisfied with the outcome of his appeal and has been refused (or did not pursue) a writ of cert, at which point he may petition one of several courts for a writ of habeas corpus. Again, these are granted at the discretion of the court and require a petition. Like appeals or writs of cert, a writ of habeas corpus may overturn a defendant's guilty conviction by finding some error in the original trial. The major difference is that writs of habeas corpus may, and often, focus on issues that lay outside the original premises of the trial, i.e., issues that could not be raised by appeal or writs of cert. These often fall in two logical categories: (1) that the trial lawyer was ineffectual or incompetent or (2) that some constitutional right has been violated.
Notice of appeal
A notice of appeal is a form or document that in many cases is required to begin an appeal. The form is completed by the appellant or by the appellant's legal representative. The nature of this form can vary greatly from country to country and from court to court within a country.
The specific rules of the legal system will dictate exactly how the appeal is officially begun. For example, the appellant might have to file the notice of appeal with the appellate court, or with the court from which the appeal is taken, or both.
Some courts have samples of a notice of appeal on the court's own web site.
The deadline for beginning an appeal can often be very short: traditionally, it is measured in days, not years. This can vary from country to country, as well as within a country, depending on the specific rules in force.
How an appeal is processed
Generally speaking the appellate court examines the record of evidence presented in the trial court and the law that the lower court applied and decides whether that decision was legally sound or not. The appellate court will typically be deferential to the lower court's findings of fact (such as whether a defendant committed a particular act), unless clearly erroneous, and so will focus on the court's application of the law to those facts (such as whether the act found by the court to have occurred fits a legal definition at issue).
If the appellate court finds no defect, it "affirms" the judgment. If the appellate court does find a legal defect in the decision "below" (i.e., in the lower court), it may "modify" the ruling to correct the defect, or it may nullify ("reverse" or "vacate") the whole decision or any part of it. It may, in addition, send the case back ("remand" or "remit") to the lower court for further proceedings to remedy the defect.
In some cases, an appellate court may review a lower court decision de novo (or completely), challenging even the lower court's findings of fact. This might be the proper standard of review, for example, if the lower court resolved the case by granting a pre-trial motion to dismiss or motion for summary judgment which is usually based only upon written submissions to the trial court and not on any trial testimony.
Another situation is where appeal is by way of re-hearing . Certain jurisdictions permit certain appeals to cause the trial to be heard afresh in the appellate court. An example would be an appeal from a magistrates' court to the Crown Court in England and Wales .
Sometimes, the appellate court finds a defect in the procedure the parties used in filing the appeal and dismisses the appeal without considering its merits, which has the same effect as affirming the judgment below. (This would happen, for example, if the appellant waited too long, under the appellate court's rules, to file the appeal.) In England and many other jurisdictions, however, the phrase appeal dismissed is equivalent to the U.S. term affirmed ; and the phrase appeal allowed is equivalent to the U.S. term reversed .
Generally, there is no trial in an appellate court, only consideration of the record of the evidence presented to the trial court and all the pre-trial and trial court proceedings are reviewed—unless the appeal is by way of re-hearing, new evidence will usually only be considered on appeal in very rare instances, for example if that material evidence was unavailable to a party for some very significant reason such as prosecutorial misconduct .
In some systems, an appellate court will only consider the written decision of the lower court, together with any written evidence that was before that court and is relevant to the appeal. In other systems, the appellate court will normally consider the record of the lower court. In those cases the record will first be certified by the lower court.
The appellant has the opportunity to present arguments for the granting of the appeal and the appellee (or respondent) can present arguments against it. Arguments of the parties to the appeal are presented through their appellate lawyers , if represented, or pro se if the party has not engaged legal representation. Those arguments are presented in written briefs and sometimes in oral argument to the court at a hearing . At such hearings each party is allowed a brief presentation at which the appellate judges ask questions based on their review of the record below and the submitted briefs.
It is important to note that in an adversarial system appellate courts do not have the power to review lower court decisions unless a party appeals it. Therefore if a lower court has ruled in an improper manner or against legal precedent that judgment will stand even if it might have been overturned on appeal.
United States
See also: United States court of appeals
The United States legal system generally recognizes two types of appeals: a trial de novo or an appeal on the record.
A trial de novo is usually available for review of informal proceedings conducted by some minor judicial tribunals in proceedings that do not provide all the procedural attributes of a formal judicial trial . If unchallenged, these decisions have the power to settle more minor legal disputes once and for all. If a party is dissatisfied with the finding of such a tribunal, one generally has the power to request a trial de novo by a court of record . In such a proceeding, all issues and evidence may be developed newly, as though never heard before, and one is not restricted to the evidence heard in the lower proceeding. Sometimes, however, the decision of the lower proceeding is itself admissible as evidence, thus helping to curb frivolous appeals.
In an appeal on the record from a decision in a judicial proceeding, both appellant and respondent are bound to base their arguments wholly on the proceedings and body of evidence as they were presented in the lower tribunal. Each seeks to prove to the higher court that the result they desired was the just result. Precedent and case law figure prominently in the arguments. In order for the appeal to succeed, the appellant must prove that the lower court committed reversible error , that is, an impermissible action by the court acted to cause a result that was unjust, and which would not have resulted had the court acted properly. Some examples of reversible error would be erroneously instructing the jury on the law applicable to the case, permitting seriously improper argument by an attorney, admitting or excluding evidence improperly, acting outside the court's jurisdiction, injecting bias into the proceeding or appearing to do so, juror misconduct, etc. The failure to formally object at the time, to what one views as improper action in the lower court, may result in the affirmance of the lower court's judgment on the grounds that one did not "preserve the issue for appeal" by objecting.
In cases where a judge rather than a jury decided issues of fact, an appellate court will apply an abuse of discretion standard of review. Under this standard, the appellate court gives deference to the lower court's view of the evidence, and reverses its decision only if it were a clear abuse of discretion. This is usually defined as a decision outside the bounds of reasonableness. On the other hand, the appellate court normally gives less deference to a lower court's decision on issues of law, and may reverse if it finds that the lower court applied the wrong legal standard.
In some rare cases, an appellant may successfully argue that the law under which the lower decision was rendered was unconstitutional or otherwise invalid, or may convince the higher court to order a new trial on the basis that evidence earlier sought was concealed or only recently discovered. In the case of new evidence, there must be a high probability that its presence or absence would have made a material difference in the trial. Another issue suitable for appeal in criminal cases is effective assistance of counsel. If a defendant has been convicted and can prove that his lawyer did not adequately handle his case and that there is a reasonable probability that the result of the trial would have been different had the lawyer given competent representation, he is entitled to a new trial.
In the United States, a lawyer traditionally starts an oral argument to any appellate court with the words "May it please the court."
After an appeal is heard, the mandate is a formal notice of a decision by a court of appeal; this notice is transmitted to the trial court and, when filed by the clerk of the trial court, constitutes the final judgment on the case, unless the appeal court has directed further proceedings in the trial court. The mandate is distinguished from the appeal court's opinion , which sets out the legal reasoning for its decision. In some U.S. jurisdictions the mandate is known as the remittitur .
Appellate review
Appellate review is the general term for the process by which courts with appellate jurisdiction take jurisdiction of matters decided by lower courts. It is distinguished from judicial review , which refers to the court's overriding constitutional or statutory right to determine if a legislative act or administrative decision is defective for jurisdictional or other reasons (which may vary by jurisdiction).
In most jurisdictions the normal and preferred way of seeking appellate review is by filing an appeal of the final judgment . Generally, an appeal of the judgment will also allow appeal of all other orders or rulings made by the trial court in the course of the case. This is because such orders cannot be appealed as of right . However, certain critical interlocutory court orders , such as the denial of a request for an interim injunction , or an order holding a person in contempt of court , can be appealed immediately although the case may otherwise not have been fully disposed of.
In American law, there are two distinct forms of appellate review, direct and collateral . For example, a criminal defendant may be convicted in state court, and lose on direct appeal to higher state appellate courts, and if unsuccessful, mount a collateral action such as filing for a writ of habeas corpus in the federal courts . Generally speaking, "[d]irect appeal statutes afford defendants the opportunity to challenge the merits of a judgment and allege errors of law or fact. ... [Collateral review], on the other hand, provide[s] an independent and civil inquiry into the validity of a conviction and sentence, and as such are generally limited to challenges to constitutional, jurisdictional, or other fundamental violations that occurred at trial." Graham v. Borgen , __ F 3d. __ (7th Cir. 2007) (no. 04-4103) (slip op. at 7) (citation omitted).
In Anglo-American common law courts, appellate review of lower court decisions may also be obtained by filing a petition for review by prerogative writ in certain cases. There is no corresponding right to a writ in any pure or continental civil law legal systems, though some mixed systems such as Quebec recognize these prerogative writs.
See also

Appellate court
Appellee
Civil procedure
Court of Appeal of England and Wales
Court of Appeals
Courts-martial in the United States
Criminal procedure
Defendant
Interlocutory appeal
List of legal topics
Plaintiff
Pursuer
Respondent
Reversible error
Supreme Court of the United States
Writ of Certiorari
Writ of habeas corpus
Writ of mandamus

damages


In law , damages is an award of money to be paid to, a person as compensation for loss or injury Black's Law Dictionary . [ 1 ]




Contents


1 Compensatory damages

1.1 Quantum/measure of damages

1.1.1 Breach of contract duty - (ex contractu)
1.1.2 Breach of tort duty - (ex delicto)
1.1.3 General damages




2 Quantification of Personal Injury Claims

2.1 Special damages


3 Various matters

3.1 Incidental and Consequential Losses
3.2 Foreseeability and remoteness
3.3 Quantifying losses in practice – expert evidence


4 Statutory damages
5 Nominal damages
6 Punitive damages (non-compensatory)
7 Restitutionary or disgorgement damages
8 Legal costs
9 History
10 See also
11 References





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Compensatory damages
Compensatory damages , also called actual damages , are paid to compensate the claimant for loss, injury, or harm suffered by (see requirement of causation ) another's breach of duty.
Quantum/measure of damages
Breach of contract duty - ( ex contractu )
On a breach of contract by a defendant, a court generally awards the sum that would restore the injured party to the economic position they expected from performance of the promise or promises (known as an " expectation measure " or "benefit-of-the-bargain" measure of damages).
When it is either not possible or not desirable to award damages measured in that way, a court may award money damages designed to restore the injured party to the economic position they occupied at the time the contract was entered (known as the " reliance measure "), or designed to prevent the breaching party from being unjustly enriched ("restitution") (see below).
Parties may contract for liquidated damages to be paid upon a breach of the contract by one of the parties. Under common law, a liquidated damages clause will not be enforced if the purpose of the term is solely to punish a breach (in this case it is termed penal damages ). The clause will be enforceable if it involves a genuine attempt to quantify a loss in advance and is a good faith estimate of economic loss. Courts have ruled as excessive and invalidated damages which the parties contracted as liquidated, but which the court nonetheless found to be penal.
Breach of tort duty - ( ex delicto )
Damages in tort are generally awarded to place the claimant in the position he/she would have been had the tort not taken place. Damages in tort are quantified under two headings: general damages and special damages.
In personal injury claims, damages for compensation are quantified by reference to the severity of the injuries sustained (see below general damages for more details). In non-personal injury claims, for instance, a claim for professional negligence against solicitors, the measure of damages will be assessed by the loss suffered by the client due to the negligent act or omission by the solicitor giving rise to the loss. The loss must be reasonably foreseeable and not too remote. [ 2 ] . Financial losses are usually simple to quantify but in complex cases which involve loss of pension entitlements and future loss projections, the instructing solicitor will usually employ a specialist expert actuary or accountant to assist with the quantification of the loss.
General damages
General damages , sometimes styled hedonic damages , compensate the claimant for the non-monetary aspects of the specific harm suffered. This is usually termed 'pain, suffering and loss of amenity'. Examples of this include physical or emotional pain and suffering, loss of companionship, loss of consortium , disfigurement, loss of reputation, loss or impairment of mental or physical capacity, loss of enjoyment of life, etc. This is not easily quantifiable, and depends on the individual circumstances of the claimant. Judges in the United Kingdom base the award on damages awarded in similar previous cases.
General damages are generally awarded only in claims brought by individuals, when they have suffered personal harm. Examples would be personal injury (following the tort of negligence by the defendant), or the tort of defamation.
Quantification of Personal Injury Claims
The quantification of personal injury is not an exact science. In English law solicitors like to call personal injury claims as “general damages” for pain and suffering and loss of amenity (PSLA). Solicitors quantify personal injury claims by reference to previous awards made by the courts which are “similar” to the case in hand. The guidance solicitors will take into account to help quantify general damages are as hereunder:
1 The age of the client
The age of the client is important especially when dealing with fatal accident claims or permanent injuries. The younger the injured victim with a permanent injury the longer that person has to live with the PSLA. As a consequence, the greater the compensation payment. In fatal accident claims, generally the younger deceased, the greater the dependency claim by the partner and children.
2 The nature and extent of the injuries sustained.
Solicitors will consider “like for like” injuries with the case in hand and similar cases decided by the courts previously. These cases are known as precedents. Generally speaking decisions from the higher courts will bind the lower courts. Therefore, judgments from the House of Lords and the Court of Appeal have greater authority than the lower courts such as the High Court and the County Court. A compensation award can only be right or wrong with reference to previous judgments. Sometimes it is a matter of opinion of how much an injury claim is worth and the skill of the solicitor is persuading the opponent and ultimately the judge that their assessment is right. [ citation needed ] Solicitors must be careful when looking at older cases when quantifying a claim to ensure that the award is brought up to date and to take into account the court of appeal case in Heil v Rankin [1] Generally speaking the greater the injury the greater the damages awarded.
A quick guide to assess personal injury claims is by reference to the Judicial Studies Board Guidelines for the Assessment of General Damages in Personal Injury Cases [2] . Some case examples can also be considered [3]
3 Gender of the client
Generally speaking damages for personal injury for males and females are the same. However where there can be a difference weighted in favour of females is where the injury results in permanent scarring to the skin. Where the scarring is clearly visible such as the face, legs, and arms, females will usually obtain an greater amount of compensation than males. The compensation reflects the general assumption that females will be affected more than males by scarring and thus will be awarded more. However each case will be decided on its own particular facts. For instance a male model who sustains a scarring tissue to his face may obtain just as much as a female.
4 Personal attributes and fortitude of the client
This heading is inextricably linked with the other points above. Where two clients are of the same age, experience and suffer the same injury, it does not necessarily mean that they will be affected the same. We are all different. Some people will recover more quickly than others. The courts will assess each claim on its own particular facts and therefore if one claimant recovers more quickly than another, the damages will be reflected accordingly. It is important to note here that “psychological injuries” may also follow from an accident which may increase the quantum of damages.
When a personal injury claim is settled either in court or out of court, the most common way the compensation payment is made is by a lump sum award in full and final settlement of the claim. Once accepted there can be no further award for compensation at a later time unless the claim is settled by provisional damages often found in industrial injury claims such as asbestos related injuries.
Special damages
Special [ citation needed ] damages compensate the claimant for the quantifiable monetary losses suffered by the plaintiff. For example, extra costs, repair or replacement of damaged property, lost earnings (both historically and in the future), loss of irreplaceable items, additional domestic costs, etc. They are seen in both personal and commercial actions.
Special damages can include direct losses (such as amounts the claimant had to spend to try to mitigate problems) and consequential or economic losses resulting from lost profits in a business. Special damages basically include the compensatory and punitive damages for the tort committed in lieu of the injury or harm to the plaintiff.
Damages in tort are awarded generally to place the claimant in the position in which he would have been had the tort not taken place. Damages for breach of contract are generally awarded to place the claimant in the position in which he would have been had the contract not been breached. This can often result in a different measure of damages. In cases where it is possible to frame a claim in either contract or tort, it is necessary to be aware of what gives the best outcome.
If the transaction was a ‘good bargain’ contract generally gives a better result for the claimant.
As an example, Fred sells Bob a watch for £100. Fred tells Bob it is an antique Rolex. In fact it is a fake one and worth £50. If it had been a genuine antique Rolex, it would be worth £500. Fred is in breach of contract and could be sued. In contract, Bob is entitled to an item worth £500, but he has only one worth £50. His damages are £450. Fred also induced Bob to enter into the contract through a misrepresentation (a tort). If Bob sues in tort, he is entitled to damages that put himself back to the same financial position place he would have been in had the misrepresentation not been made. He would clearly not have entered into the contract knowing the watch was fake, and is entitled to his £100 back. Thus his damages in tort are £100. (However, he would have to return the watch, or else his damages would be £50.)
If the transaction were a ‘bad bargain’, tort gives a better result for the claimant. If in the above example Bob had overpaid, paying £750 for the watch, his damages in contract would still be £450 (giving him the item he contracted to buy), however in tort damages are £700. This is because damages in tort put him in the position he would have been in had the tort not taken place, and are calculated as his money back (£750) less the value of what he actually got (£50).

verdict


In law , a verdict is the formal finding of fact made by a jury on matters or questions submitted to the jury by a judge. (see Black's Law Dictionary , p. 1398 (5th ed. 1979) The term, from the Latin veredictum , literally means "to say the truth" and is derived from Middle English verdit , from Anglo-Norman : a compound of ver ("true," from the Latin vērus ) and dit ("speech," from the Latin dictum , the neuter form of dīcere , to say).




Contents


1 Criminal law
2 Coroner's verdict
3 Compromise verdict
4 Quotient verdict
5 Sealed verdict
6 Special verdict
7 Jury stress
8 See also
9 References
10 External links





//

Criminal law
Main article: Criminal law
In a criminal case , the verdict is either a "not guilty" or a "guilty" and is handed down by the jury except in Scotland where the verdict of " not proven " is also available. Different counts in the same case may have different verdicts.
A verdict of guilty in a criminal case is generally followed by a judgment of conviction rendered by the judge, which in turn be followed by sentencing .
In US legal nomenclature, the verdict is the finding of the jury on the questions of fact submitted to it. Once the court (the judge) receives the verdict, the judge enters judgment on the verdict. The judgment of the court is the final order in the case. If the defendant is found guilty, he can choose to appeal the case to the local Court of Appeals.
Coroner's verdict
Further information: Coroner
A verdict is also issued by the coroner at the conclusion of an inquest into sudden deaths: possible verdicts include death by misadventure , accidental death , unlawful killing , lawful killing , suicide , natural causes and an open verdict .
Compromise verdict
Quotient verdict
Sealed verdict
Special verdict
Main article: Special verdict
In English law , a special verdict is a verdict by a jury that pronounces on the facts of the case but does not draw the ultimate inference of whether the accused is guilty or not; the judge then applies the law and to convict or acquit. [ 1 ] [ 2 ] [ 3 ] In the words of William Blackstone , "The jury state the naked facts, as they find them to be proved, and pray the advice of the court thereon". [ 4 ]
The judge forced a special verdict in the famous case of R v. Dudley and Stephens but generally such verdicts should only be returned in the most exceptional cases. [ 5 ] [ 6 ]

personal injury


A personal injury lawyer is a lawyer who provides legal representation to those who claim to have been injured, physically or psychologically, as a result of the negligence or wrongdoing of another person, company, government agency, or other entity. Thus, personal injury lawyers tend to be especially knowledgeable and have more experience with regard to the area of law known as tort law , which includes civil wrongs and economic or non-economic damages to a person’s property, reputation, or rights.
Even though personal injury lawyers are trained and licensed to practice virtually any field of law, they generally only handle cases that fall under tort law including, but not limited to: work injuries, automobile and other accidents, defective products, medical mistakes, slip and fall accidents, and more.
The expression "trial lawyers" can refer to personal injury lawyers, [ citation needed ] even though most cases handled by personal injury lawyers settle rather than going to trial and other types of lawyers, such as defendants' lawyers and criminal prosecutors , also appear in trials.




Contents


1 Responsibilities
2 Certification and education
3 Career structure

3.1 Doing business
3.2 Compensation


4 Professional regulations and associations
5 Criticism
6 See also
7 References
8 External links





//

Responsibilities
A personal injury lawyer has numerous responsibilities in serving his or her clients. These responsibilities encompass both professional and ethical rules and codes of conduct set forth by state bar associations where the lawyers are licensed. Once licensed to practice law by their state bar association , lawyers are legally permitted to file legal complaints, argue cases in state court, draft legal documents, and offer legal advice to victims of personal injury .
Also referred to as a plaintiff lawyer , a personal injury lawyer is responsible for interviewing prospective clients and evaluating their cases to determine the legal matter, identify the distinct issues rooted within the plaintiff’s larger problem, and extensively research every issue to build a strong case. The ultimate professional responsibility of a personal injury lawyer is to help plaintiffs obtain the justice and compensation they deserve for their losses and suffering through advocacy, oral arguments, client counseling, and legal advice.
Personal injury lawyers must also adhere to strict standards of legal ethics when dealing with clients. While the guidelines vary according to state, the basic codes of conduct state that a lawyer must knowledgeably evaluate legal matters and exercise competence in any legal matter undertaken. Moreover, personal injury lawyers owe their clients a duty of loyalty and confidentiality and must work to protect their clients’ best interests.
Certification and education
In order to practice law in the United States, a personal injury lawyer must pass a written bar examination and, in some cases, a written ethics examination. Bar examinations vary on a state-to-state basis. However, most states require applicants to have completed a four-year college degree and a law degree from an accredited law school (California is one notable exception, but the non-accredited law school must meet certain requirements.) [ 1 ]
In all states, a personal injury lawyer is required to take the Multistate Bar Examination (MBE) [ 2 ] , the Multistate Essay Examination (MEE), and the Multistate Professional Responsibility Examination (MPRE) and a state bar exam. Some states require another exam, the Multistate Performance Test (MPT), as well.
Once admitted to the state bar, personal injury lawyers must remain up-to-date on the latest legal and non-legal developments in their field of practice, by completing a required number of continuing legal education (CLE) courses to help personal injury lawyers stay abreast of developments in their field.
Lawyers can concentrate their practices to certain areas of law, which is typically true of personal injury lawyers. By limiting the range of cases they handle, personal injury lawyers are able to acquire specialized knowledge and experience. However, to be certified as a specialist in personal injury, a lawyer must complete a specialty certification program accredited by the American Bar Association (ABA).
Certification programs have set standards of competence, knowledge and experience that lawyers must meet in order to be recognized in their area of practice as a specialist. Lawyers who have completed a specialty certification program in personal injury law at an accredited certifying organization are recognized as personal injury specialists. Some states, such as New Jersey, offer a certification as a "Certified Trial Attorney", which can be for both plaintiff and defense attorneys.
Career structure
The career structure of most lawyers varies widely. Once licensed, a lawyer may take on any kind of case whether or not they have much experience in it. However, legal ethics require an inexperienced lawyer to enlist appropriate help or take the time to learn the issues to competently represent the client. Most lawyers prefer to stick to one area of the law to gain the knowledge and experience necessary to provide the highest quality legal representation to their clients.
Personal injury lawyers choose to delve into a more specialized area involving only personal injury litigation. Personal injury litigation involves a large number of claims including accidents, medical malpractice , product liability , workplace injury , wrongful death , and more. Some personal injury lawyers choose to devote the majority of their time and energy to one area of litigation within personal injury law, thus becoming more experienced at handling very specific types of cases (e.g. medical mistakes, aviation accidents, work accidents).
Doing business
As with other types of lawyers, personal injury lawyers may choose to start a solo practice or join a small, mid-size, or large law firm as an associate. Personal injury lawyers may also be partners (owners) of a law firm or strive to be a partner.
Sole practitioners of personal injury law offer a number of benefits to potential clients, which include more personal attention and a one-on-one working relationship between the lawyer and the client. Sole practitioners are also more willing to take on smaller cases and often have lower fees and costs.
A small law firm generally consists of two to ten lawyers who can provide more expertise in a given area of personal injury law and can handle a wider range of legal issues. Mid-size law firms with ten to 50 lawyers offer legal representation in almost every major area of litigation and may house several highly experienced and knowledgeable personal injury lawyers. Large law firms with more than 50 lawyers are often the most reputable, having built up the firm for a number of years and consisting of lawyers with high levels of expertise.
Compensation
Typically lawyers’ fees are based on a number of factors, which may include the time and energy spent on a case, the outcome of a case, the difficulty of a claim, the experience and prominence of the lawyer, and the costs associated with the case. There are several standard payment options a personal injury lawyer may offer his/her clients. These options include contingency fees , hourly rates, flat fees, and retainers.
A contingency fee is a prior arrangement between lawyer and client in which the lawyer receives a set percentage of the amount of recovery awarded to the plaintiff in a case. This means that a client has no obligation to pay his/her lawyer unless the case is successfully resolved. Most personal injury lawyers work on a contingency fee basis. An hourly rate is also a common payment option that involves an agreed amount of compensation for each hour the lawyer spends on the case until its resolution. In some cases, personal injury lawyers charge a flat fee, which is a set amount, or a retainer, which is an arrangement where a certain amount of money is paid before legal representation begins. These fee arrangements may also be combined.
Professional regulations and associations
Personal injury lawyers are regulated by codes of conduct established by state bar associations, which have the power to take disciplinary action against lawyers who violate professional or ethical regulations. The American Bar Association (ABA) Joint Committee on Lawyer Regulation offers assistance to state bars, helping them to draft, implement, and/or promote regulatory policies regarding personal injury lawyers.
Personal injury lawyers may belong to any number of professional associations, some of which are mandatory and others voluntary. For instance, personal injury lawyers are licensed by their state bar associations, of which they must be members. Among the more common professional associations that personal injury lawyers may voluntarily join are the following:

American Bar Association – a professional association dedicated to improving the legal system and providing accreditation for law schools and continuing legal education programs (
Association of Personal Injury Lawyers – an association founded in 1990 by personal injury lawyers on behalf of accident victims
Association of Trial Lawyers of America – also known as ATLA, an association of trial lawyers that was founded in 1946 by a group of plaintiff’s attorneys committed to safeguarding victims’ rights. In 2007, ATLA changed its name to the American Association for Justice, also known as the AAJ, however the internet web site may still be located at http://www.atla.org/ .


The Mission of the American Association for Justice is to promote a fair and effective justice system—and to support the work of attorneys in their efforts to ensure that any person who is injured by the misconduct or negligence of others can obtain justice in America's courtrooms, even when taking on the most powerful interests.

Criticism
The aggressive representation of injured parties by personal injury lawyers has spawned movements to establish tort reform in the United States in recent years. Tort reform proponents argue that such reforms are necessary because personal injury litigation has led to a substantial increase in health care costs; they further claim that many doctors have had to leave practice or relocate because of cost-prohibitive medical malpractice insurance rates. A recent publication by the Harvard School of Public Health found that in only 60% of medical malpractice litigation cases was there evidence of medical error . [1]

personal injury law


A personal injury lawyer is a lawyer who provides legal representation to those who claim to have been injured, physically or psychologically, as a result of the negligence or wrongdoing of another person, company, government agency, or other entity. Thus, personal injury lawyers tend to be especially knowledgeable and have more experience with regard to the area of law known as tort law , which includes civil wrongs and economic or non-economic damages to a person’s property, reputation, or rights.
Even though personal injury lawyers are trained and licensed to practice virtually any field of law, they generally only handle cases that fall under tort law including, but not limited to: work injuries, automobile and other accidents, defective products, medical mistakes, slip and fall accidents, and more.
The expression "trial lawyers" can refer to personal injury lawyers, [ citation needed ] even though most cases handled by personal injury lawyers settle rather than going to trial and other types of lawyers, such as defendants' lawyers and criminal prosecutors , also appear in trials.




Contents


1 Responsibilities
2 Certification and education
3 Career structure

3.1 Doing business
3.2 Compensation


4 Professional regulations and associations
5 Criticism
6 See also
7 References
8 External links





//

Responsibilities
A personal injury lawyer has numerous responsibilities in serving his or her clients. These responsibilities encompass both professional and ethical rules and codes of conduct set forth by state bar associations where the lawyers are licensed. Once licensed to practice law by their state bar association , lawyers are legally permitted to file legal complaints, argue cases in state court, draft legal documents, and offer legal advice to victims of personal injury .
Also referred to as a plaintiff lawyer , a personal injury lawyer is responsible for interviewing prospective clients and evaluating their cases to determine the legal matter, identify the distinct issues rooted within the plaintiff’s larger problem, and extensively research every issue to build a strong case. The ultimate professional responsibility of a personal injury lawyer is to help plaintiffs obtain the justice and compensation they deserve for their losses and suffering through advocacy, oral arguments, client counseling, and legal advice.
Personal injury lawyers must also adhere to strict standards of legal ethics when dealing with clients. While the guidelines vary according to state, the basic codes of conduct state that a lawyer must knowledgeably evaluate legal matters and exercise competence in any legal matter undertaken. Moreover, personal injury lawyers owe their clients a duty of loyalty and confidentiality and must work to protect their clients’ best interests.
Certification and education
In order to practice law in the United States, a personal injury lawyer must pass a written bar examination and, in some cases, a written ethics examination. Bar examinations vary on a state-to-state basis. However, most states require applicants to have completed a four-year college degree and a law degree from an accredited law school (California is one notable exception, but the non-accredited law school must meet certain requirements.) [ 1 ]
In all states, a personal injury lawyer is required to take the Multistate Bar Examination (MBE) [ 2 ] , the Multistate Essay Examination (MEE), and the Multistate Professional Responsibility Examination (MPRE) and a state bar exam. Some states require another exam, the Multistate Performance Test (MPT), as well.
Once admitted to the state bar, personal injury lawyers must remain up-to-date on the latest legal and non-legal developments in their field of practice by completing a required number of continuing legal education (CLE) courses designed to help personal injury lawyers stay abreast of developments in their field. The number of CLE hours required varies by state.
Lawyers can concentrate their practices to certain areas of law, which is typically true of personal injury lawyers. By limiting the range of cases they handle, personal injury lawyers are able to acquire specialized knowledge and experience. However, to be certified as a specialist in personal injury, a lawyer must complete a specialty certification program accredited by the American Bar Association (ABA).
Certification programs have set standards of competence, knowledge and experience that lawyers must meet in order to be recognized in their area of practice as a specialist. Lawyers who have completed a specialty certification program in personal injury law at an accredited certifying organization are recognized as personal injury specialists. Some states, such as New Jersey, offer a certification as a "Certified Trial Attorney", which can be for both plaintiff and defense attorneys.
Career structure
The career structure of most lawyers varies widely. Once licensed, a lawyer may take on any kind of case whether or not they have much experience in it. However, legal ethics require an inexperienced lawyer to enlist appropriate help or take the time to learn the issues to competently represent the client. Most lawyers prefer to stick to one area of the law to gain the knowledge and experience necessary to provide the highest quality legal representation to their clients.
Personal injury lawyers choose to delve into a more specialized area involving only personal injury litigation. Personal injury litigation involves a large number of claims including accidents, medical malpractice , product liability , workplace injury , wrongful death , and more. Some personal injury lawyers choose to devote the majority of their time and energy to one area of litigation within personal injury law, thus becoming more experienced at handling very specific types of cases (e.g. medical mistakes, aviation accidents, work accidents).
Doing business
As with other types of lawyers, personal injury lawyers may choose to start a solo practice or join a small, mid-size, or large law firm as an associate. Personal injury lawyers may also be partners (owners) of a law firm or strive to be a partner.
Sole practitioners of personal injury law offer a number of benefits to potential clients, which include more personal attention and a one-on-one working relationship between the lawyer and the client. Sole practitioners are also more willing to take on smaller cases and often have lower fees and costs.
A small law firm generally consists of two to ten lawyers who can provide more expertise in a given area of personal injury law and can handle a wider range of legal issues. Mid-size law firms with ten to 50 lawyers offer legal representation in almost every major area of litigation and may house several highly experienced and knowledgeable personal injury lawyers. Large law firms with more than 50 lawyers are often the most reputable, having built up the firm for a number of years and consisting of lawyers with high levels of expertise.
Compensation
Typically lawyers’ fees are based on a number of factors, which may include the time and energy spent on a case, the outcome of a case, the difficulty of a claim, the experience and prominence of the lawyer, and the costs associated with the case. There are several standard payment options a personal injury lawyer may offer his/her clients. These options include contingency fees , hourly rates, flat fees, and retainers.
A contingency fee is a prior arrangement between lawyer and client in which the lawyer receives a set percentage of the amount of recovery awarded to the plaintiff in a case. In most cases, monetary recovery is obtained through settlement, mediation, arbitration or trial. Generally, when a lawyer takes a case on a contingency fee, a client has no obligation to pay his/her lawyer a fee unless the case is successfully resolved. Most personal injury lawyers work on a contingency fee basis. An hourly rate is also a common payment option that involves an agreed amount of compensation for each hour the lawyer spends on the case until its resolution. In some cases, personal injury lawyers charge a flat fee, which is a set amount, or a retainer, which is an arrangement where a certain amount of money is paid before legal representation begins. These fee arrangements may also be combined.
Professional regulations and associations
Personal injury lawyers are regulated by codes of conduct established by state bar associations, which have the power to take disciplinary action against lawyers who violate professional or ethical regulations. The American Bar Association (ABA) Joint Committee on Lawyer Regulation offers assistance to state bars, helping them to draft, implement, and/or promote regulatory policies regarding personal injury lawyers.
Personal injury lawyers may belong to any number of professional associations, some of which are mandatory and others voluntary. For instance, personal injury lawyers are licensed by their state bar associations, of which they must be members. Among the more common professional associations that personal injury lawyers may voluntarily join are the following:

American Bar Association – a professional association dedicated to improving the legal system and providing accreditation for law schools and continuing legal education programs (
Association of Personal Injury Lawyers – an association founded in 1990 by personal injury lawyers on behalf of accident victims
Association of Trial Lawyers of America – also known as ATLA, an association of trial lawyers that was founded in 1946 by a group of plaintiff’s attorneys committed to safeguarding victims’ rights. In 2007, ATLA changed its name to the American Association for Justice, also known as the AAJ. [ 3 ]


The Mission of the American Association for Justice is to promote a fair and effective justice system—and to support the work of attorneys in their efforts to ensure that any person who is injured by the misconduct or negligence of others can obtain justice in America's courtrooms, even when taking on the most powerful interests.

Criticism
The aggressive representation of injured parties by personal injury lawyers has spawned movements to establish tort reform in the United States in recent years. Tort reform proponents argue that such reforms are necessary because personal injury litigation has led to a substantial increase in health care costs; they further claim that many doctors have had to leave practice or relocate because of cost-prohibitive medical malpractice insurance rates. A recent publication by the Harvard School of Public Health found that in only 60% of medical malpractice litigation cases was there evidence of medical error . [1]
See also

" Ambulance chaser "
Big Apple Pothole and Sidewalk Protection Committee
Compensation culture

environmental law


Environmental law is a complex and interlocking body of treaties , conventions, statutes , regulations , and common law that, very broadly, operate to regulate the interaction of humanity and the rest of the biophysical or natural environment , toward the purpose of reducing the impacts of human activity, both on the natural environment and on humanity itself. The topic may be divided into two major areas: (1) pollution control and remediation , and (2) resource conservation and management. Laws dealing with pollution are often media-limited - i.e., pertain only to a single environmental medium, such as air, water (whether surface water, groundwater or oceans), soil, etc. - and control both emissions of pollutants into the medium, as well as liability for exceeding permitted emissions and responsibility for cleanup. Laws regarding resource conservation and management generally focus on a single resource - e.g., natural resources such as forests , mineral deposits or animal species, or more intangible resources such as especially scenic areas or sites of high archeological value - and provide guidelines for and limitations on the conservation, disturbance and use of those resources. These areas are not mutually exclusive - for example, laws governing water pollution in lakes and rivers may also conserve the recreational value of such water bodies. Furthermore, many laws that are not exclusively "environmental" nonetheless include significant environmental components and integrate environmental policy decisions. Municipal, state and national laws regarding development, land use and infrastructure are examples.
Environmental law draws from and is influenced by principles of environmentalism , including ecology , conservation , stewardship , responsibility and sustainability . Pollution control laws generally are intended (often with varying degrees of emphasis) to protect and preserve both the natural environment and human health. Resource conservation and management laws generally balance (again, often with varying degrees of emphasis) the benefits of preservation and economic exploitation of resources. From an economic perspective environmental laws may be understood as concerned with the prevention of present and future externalities , and preservation of common resources from individual exhaustion. The limitations and expenses that such laws may impose on commerce, and the often unquantifiable (non-monetized) benefit of environmental protection, have generated and continue to generate significant controversy.
Given the broad scope of environmental law, no fully definitive list of environmental laws is possible. The following discussion and resources give an indication of the breadth of law that falls within the "environmental" metric.




Contents


1 International

1.1 Organizing principles
1.2 Sources

1.2.1 Treaties, protocols, conventions, etc.
1.2.2 Customary international law
1.2.3 Judicial decisions


1.3 Administration and enforcement


2 United States

2.1 Sources

2.1.1 Federal statutes
2.1.2 Federal regulation
2.1.3 Judicial decisions
2.1.4 Common law


2.2 Administration
2.3 Enforcement


3 Controversy

3.1 Necessity
3.2 Cost
3.3 Effectiveness


4 Education and training
5 External links

5.1 International
5.2 U.S.


6 References





//

International
Pollution does not respect political boundaries, making international law an important aspect of environmental law. A plethora of legally-binding international agreements now encompass a wide variety of issue-areas, from terrestrial, marine and atmospheric pollution through to wildlife and biodiversity protection.
While the bodies that proposed, argued, agreed upon and ultimately adopted existing international agreements vary according to each agreement, certain conferences - including 1972's United Nations Conference on the Human Environment , 1983's World Commission on Environment and Development , 1992's United Nations Conference on Environment and Development and 2002's World Summit on Sustainable Development have been particularly important.
Organizing principles
International environmental law's development has included the statement and adoption of a number of important guiding principles. As with all international law, international environmental law implicates questions of sovereignty , comity and even perhaps the Golden Rule . Other guiding principles include the polluter pays principle , the precautionary principle , the principle of sustainable development , environmental procedural rights , common but differentiated responsibilities, intragenerational and intergenerational equity , the " common concern of humankind ," and the common heritage .
Sources
Treaties, protocols, conventions, etc.
International environmental agreements are generally multilateral (or sometimes bilateral ) treaties (a.k.a. convention, agreement, protocol, etc.). The majority of such conventions deal directly with specific environmental issues. There are also some general treaties with one or two clauses referring to environmental issues but these are rarer. [ citation needed ] There are about 1000 environmental law treaties in existence today; no other area of law has generated such a large body of conventions on a specific topic. [ citation needed ]
Protocols are subsidiary agreements built from a primary treaty. They exist in many areas of international law but are especially useful in the environmental field, where they may be used to regularly incorporate recent scientific knowledge. They also permit countries to reach agreement on a framework that would be contentious if every detail were to be agreed upon in advance. The most widely-known protocol in international environmental law is the Kyoto Protocol .
Customary international law
Customary international law is an important source of international environmental law. These are the norms and rules that countries follow as a matter of custom and they are so prevalent that they bind all states in the world. When a principle becomes customary law is not clear cut and many arguments are put forward by states not wishing to be bound. Examples of customary international law relevant to the environment include the duty to warn other states promptly about icons of an environmental nature and environmental damages to which another state or states may be exposed, and Principle 21 of the Stockholm Declaration ('good neighbourliness' or sic utere).
Judicial decisions
International environmental law also includes the opinions of international courts and tribunals. While there are few and they have limited authority, the decisions carry much weight with legal commentators and are quite influential on the development of international environmental law.
The courts include: the International Court of Justice (ICJ); the international Tribunal for the Law of the Sea (ITLOS); the European Court of Justice ; regional treaty tribunals. Arguably the World Trade Organisation 's Dispute Settlement Board (DSB) is getting a say on environmental law also.
Important cases have included:

the Trail Smelter Arbitration, 33 AJIL (1939)
the various nuclear weapons testing cases such as between New Zealand and France before the International Court of Justice ;
Gabcikovo-Nagyramos Dam Case, ICJ Rep (1997)

Administration and enforcement
Main article: United Nations Environment Programme
United States
Laws from every stratum of the laws of the United States pertain to environmental issues. The United States Congress has passed a number of landmark environmental regulatory regimes, but many other federal laws are equally important, if less comprehensive. Concurrently, the legislatures of the fifty states have passed innumerable comparable sets of laws. [ 1 ] These state and federal systems are foliated with layer upon layer of administrative regulation. Meanwhile, the U.S. judicial system reviews not only the legislative enactments, but also the administrative decisions of the many agencies dealing with environmental issues. Where the statutes and regulations end, the common law begins. [ 2 ]
Sources
Federal statutes
Main article: List of United States Federal Environmental Statutes
See also: Environmental policy of the United States
Federal regulation
Consistent with the federal statutes that they administer, U.S. federal agencies promulgate regulations in the Code of Federal Regulations that fill out the broad programs enacted by Congress. Primary among these is Title 40 of the Code of Federal Regulations , containing the regulations of the Environmental Protection Agency . Other import CFR sections include Title 10 (energy), Title 18 (Conservation of Power and Water Resources), Title 21 (Food and Drugs), Title 33 (Navigable Waters), Title 36 (Parks, Forests and Public Property), Title 43 (Public Lands: Interior) and Title 50 (Wildlife and Fisheries).
Judicial decisions
The federal and state judiciaries have played an important role in the development of environmental law in the United States, in many cases resolving significant controversy regarding the application of federal environmental laws in favor of environmental interests. The decisions of the Supreme Court in cases such as Calvert Cliffs Coordinating Committee v. U.S. Atomic Energy Commission (broadly reading the procedural requirements of the National Environmental Policy Act ), Tennessee Valley Authority v. Hill (broadly reading the Endangered Species Act ), and, much more recently, Massachusetts v. EPA (requiring EPA to reconsider regulation of greenhouse gases under the Clean Air Act ) have had policy impacts far beyond the facts of the particular case.
See also: List of environmental lawsuits
Common law
The common law of tort is an important tool for the resolution of environmental disputes that fall beyond the confines of regulated activity. Prior to the modern proliferation of environmental regulation, the doctrines of nuisance , trespass , negligence , and strict liability apportioned harm and assigned liability for activities that today would be considered pollution and likely governed by regulatory regimes. [ 3 ] These doctrines remain relevant, and most recently have been used by plaintiffs seeking to impose liability for the consequences of global climate change. [ 4 ] .
The common law also continues to play a leading role in American water law , in the doctrines of riparian rights and prior appropriation .
Administration
In the United States, responsibilities for the administration of environmental laws are divided between numerous federal and state agencies with varying, overlapping and sometimes conflicting missions. The U.S. Environmental Protection Agency‎ (EPA) is the most well-known federal agency, with jurisdiction over many of the country's national air, water and waste and hazardous substance programs. [ 5 ] Other federal agencies, such as the U.S. Fish and Wildlife Service and National Park Service pursue primarily conservation missions, [ 6 ] while still others, such as the United States Forest Service and the Bureau of Land Management , tend to focus more on beneficial use of natural resources. [ 7 ]
Federal agencies operate within the limits of federal jurisdiction . For example, EPA's jurisdiction under the Clean Water Act is limited to " waters of the United States ." Furthermore in many cases federal laws allow for more stringent regulation by states, and of transfer of certain federally-mandated responsibilities from federal to state control. U.S. state governments, therefore, administering state law adopted under state police powers or federal law by delegation, uniformly include environmental agencies. [ 8 ] The extent to which state environmental laws are based on or depart from federal law varies from jurisdiction to jurisdiction.
Thus, while a permit to fill non-federal wetlands might require a permit from a single state agency, larger and more complex endeavors - for example, the construction of a coal-fired power plant - might require approvals from numerous federal and state agencies.
See also: List of environmental organizations#Government organizations
Enforcement
In the United States, violations of environmental laws are generally civil offenses , resulting in monetary penalties and, perhaps, civil sanctions such as injunction . Many environmental laws do, however, provide for criminal penalties for egregious violations. Often, environmental agencies include separate enforcement offices, with duties including monitoring permitted activities, performing compliance inspections, issuing citations and prosecuting (civilly or criminally, depending on the violation) wrongdoing. EPA's Office of Enforcement and Compliance Assurance is one such agency. Others, such as the United States Park Police , carry out more traditional law enforcement activities.
Adjudicatory proceedings for environmental violations are often handled by the agencies themselves under the strictures of administrative law . In some cases, appeals are also handled internally (for example, EPA's Environmental Appeals Board). Generally, final agency determinations may subsequently be appealed to the appropriate court.
Controversy
Necessity
The necessity of directly regulating a particular activity due to the activity's environmental consequences is often a subject of debate. These debates may be scientific - for example, scientific uncertainty undergirds the ongoing debate over greenhouse gas regulation, and is a major factor in the debate over whether to ban pesticides. [ 9 ]
Cost
It is very common for regulated industry to argue against environmental regulation on the basis of cost. Indeed, in the U.S. estimates of the environmental regulation's total costs reach 2% of GDP , [ 10 ] and any new regulation will arguably contribute in some way to that burden. Difficulties arise, however, in performing cost-benefit analysis . The value of a healthy ecosystem is not easily quantified , nor the value of clean air, species diversity, etc. Furthermore environmental issues may gain an ethical or moral dimension that would discounts cost.
Effectiveness
Environmental interests will often criticize environmental regulation as inadequately protective of the environment. Furthermore, strong environmental laws do not guarantee strong enforcement.
Education and training
Environmental law courses are offered as elective courses in the second and third years of JD study at many American law schools . Curricula vary: an introductory course might focus on the "big five" federal statutes - NEPA, CAA, CWA, CERCLA and RCRA (or FIFRA) - and may be offered in conjunction with a natural resources law course. Smaller seminars mights be offered on more focused topics. Some U.S. law schools also offer an LLM or JSD specialization in environmental law. Additionally, several law schools host legal clinics that focus on environmental law, providing students with an opportunity to learn about environmental law in the context of real world disputes involving actual clients. [ 11 ] U.S. News & World Report has consistently ranked University of Oregon School of Law , Vermont Law School , Lewis & Clark Law School , Pace University School of Law , Tulane University School of Law , and Georgetown University Law Center as among the best Environmental Law programs in the United States . [ 12 ]
Many law schools host student-published law journals . The environmental law reviews at Yale , Harvard , Stanford , Columbia and NYU law schools are regularly the most-cited such publications. [ 13 ]

accident


An accident is a specific, unexpected, unusual and unintended external action which occurs in a particular time and place, with no apparent and deliberate cause but with marked effects. It implies a generally negative outcome which may have been avoided or prevented had circumstances leading up to the accident been recognized, and acted upon, prior to its occurrence.
Experts in the field of injury prevention avoid use of the term 'accident' to describe events that cause injury in an attempt to highlight the predictable and preventable nature of most injuries. Such incidents are viewed from the perspective of epidemiology - predictable and preventable. Preferred words are more descriptive of the event itself, rather than of its unintended nature (e.g., collision , drowning , fall , etc.)
Accidents of particularly common types (auto, fire, etc.) are investigated to identify how to avoid them in the future. This is sometimes called root cause analysis , but does not generally apply to accidents that cannot be deterministically predicted. A root cause of an uncommon and purely random accident may never be identified, and thus future similar accidents remain "accidental."




Contents


1 Definition
2 Types

2.1 Physical and non-physical
2.2 By activity
2.3 By vehicle


3 Most common causes
4 See also
5 External links





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Definition
Narrowly defined, the designation may refer only to the event, while not including the circumstances ( facts surrounding) or results of the event; i.e., ‘accident’ is constrained to an immediate incident, the occurrence of which results in an unplanned outcome. In common use, however, ‘accident’ may include the entire interacting circumstantial framework (chance, pre-existing, or uncontrolled dynamically developing conditions; commonplace actions; random time and place; participants; etc.) leading up to, including, and resulting from, the accident's immediate occurrence.
Types
Physical and non-physical
Physical examples include, e.g., unintended collisions or falls, being injured by touching something sharp, hot, or electrical, or ingesting poison. Non-physical examples are, e.g., unintentionally revealing a secret or otherwise saying something incorrectly, forgetting an appointment, etc.
By activity

Accidents during the execution of work or arising out of it are called work accidents .
In contrast, leisure -related accidents are mainly sports injuries .

By vehicle

Bike accident
Tram accident
Traffic collision
Sailing ship accidents

Most common causes
See also: List of preventable causes of death




Incidence of accidents, sorted by activity.


For physical traumas or injuries leading to hospital discharge, most common causes are traffic accidents and falls
Further information: Physical trauma#Common causes
See also

Injury
Accident-proneness
Air safety

Aviation accidents and incidents


Aisles: Safety and regulatory considerations
Bike

Bicycle safety


Car

Automobile safety
Traffic collision


Explosives safety
List of rail accidents:




Rail accidents pre-1950
Rail accidents 1950–1999
Rail accidents 2000–2009
List of train accidents by death toll




Nuclear and radiation accidents
Risk management
Sailing ship

Sailing ship accidents


Safety
Safety engineering

Fail-safe
Poka-yoke


Human error model
Tram accident
Workplace safety

Material safety data sheet
Personal protective equipment
Occupational safety and health
Criticality accident


Accident analysis

asbestos


Asbestos (from Greek ἄσβεστος meaning "unquenchable" or "inextinguishable") is a set of six naturally occurring silicate minerals exploited commercially for their desirable physical properties. They all have in common their asbestiform habit, long, (1:20) thin fibrous crystals . The inhalation of asbestos fibers can cause serious illnesses, including malignant lung cancer , mesothelioma (a formerly rare cancer strongly associated with exposure to amphibole asbestos), and asbestosis (a type of pneumoconiosis ). Long term exposure to asbestos is more likely to cause health problems, as asbestos exists in the ambient air at low levels, which itself does not cause health problems. [ 1 ] The European Union has banned all use of asbestos [ 2 ] and extraction, manufacture and processing of asbestos products. [ 3 ]
Asbestos became increasingly popular among manufacturers and builders in the late 19th century because of its sound absorption, average tensile strength, and its resistance to heat, electrical and chemical damage. When asbestos is used for its resistance to fire or heat, the fibers are often mixed with cement or woven into fabric or mats. Asbestos was used in some products for its heat resistance, and in the past was used on electric oven and hotplate wiring for its electrical insulation at elevated temperature, and in buildings for its flame-retardant and insulating properties, tensile strength , flexibility, and resistance to chemicals.




Contents


1 Types and associated fibers

1.1 Serpentine

1.1.1 White


1.2 Amphibole

1.2.1 Brown
1.2.2 Blue
1.2.3 Other materials




2 Producing nations
3 Uses

3.1 Historic usage
3.2 Recent usage
3.3 Specific products

3.3.1 Serpentine group
3.3.2 Amphibole group




4 Health problems

4.1 Other asbestos-related diseases
4.2 Asbestos as a contaminant
4.3 Environmental asbestos


5 History of health concerns and regulation

5.1 Before 1900
5.2 1900s—1910s
5.3 1920s—1930s
5.4 1940s
5.5 1950s
5.6 1960s—1980s
5.7 Modern regulation

5.7.1 United States
5.7.2 New Zealand
5.7.3 Australia




6 Contamination of other products

6.1 Asbestos and vermiculite
6.2 Asbestos and talc


7 Asbestos in construction

7.1 Asbestos construction in developed countries
7.2 Asbestos construction in developing countries
7.3 Asbestos and 9/11


8 Litigation
9 Critics of safety regulations

9.1 EU-Canada dispute
9.2 Other criticism


10 Substitutes for asbestos in construction
11 Recycling and disposal
12 See also

12.1 Mineralogy
12.2 Other asbestos-related topics


13 References
14 Additional reading
15 External links





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Types and associated fibers




Chrysotile asbestos






Asbestos fibers


Six minerals are defined by the United States Environmental Protection Agency as "asbestos" including that belonging to the serpentine class chrysotile and that belonging to the amphibole class amosite , crocidolite , tremolite , anthophyllite and actinolite . There is an important distinction to be made between serpentine and amphibole asbestos due to differences in their chemical composition and their degree of potency as a health hazard when inhaled. However asbestos and all commercial forms of asbestos (including chrysotile asbestos) are known to be human carcinogens based on sufficient evidence of carcinogenicity in humans. [1] [ 4 ]
Serpentine
White
Chrysotile , CAS No. 12001-29-5, is obtained from serpentinite rocks which are common throughout the world. Its idealized chemical formula is Mg 3 ( Si 2 O 5 )( OH ) 4 . Chrysotile fibers are curly as opposed to fibers from amosite, crocidolite, tremolite, actinolite, and anthophyllite which are needlelike. [ 5 ] Chrysotile, along with other types of asbestos, has been banned in dozens of countries and is only allowed in the United States and Europe in very limited circumstances. Chrysotile has been used more than any other type and accounts for about 95% of the asbestos found in buildings in America. [ 6 ] Applications where chrysotile might be used include the use of joint compound . It is more flexible than amphibole types of asbestos; it can be spun and woven into fabric . The most common use is within corrugated asbestos cement roof sheets typically used for outbuildings, warehouses and garages. It is also found as flat sheets used for ceilings and sometimes for walls and floors. Numerous other items have been made containing chrysotile including brake linings, cloth behind fuses (for fire protection), pipe insulation, floor tiles, and rope seals for boilers. [ citation needed ]
Amphibole
Brown
Amosite , CAS No. 12172-73-5, is a trade name for the amphiboles belonging to the Cummingtonite - Grunerite solid solution series, commonly from Africa , named as an acronym from Asbestos Mines of South Africa. One formula given for amosite is Fe 7 Si 8 O 22 (OH) 2 . It is found most frequently as a fire retardant in thermal insulation products and ceiling tiles. [ 6 ]
Blue
Crocidolite , CAS No. 12001-28-4 is an amphibole found primarily in southern Africa , but also in Australia . It is the fibrous form of the amphibole riebeckite . One formula given for crocidolite is Na 2 Fe 2+ 3 Fe 3+ 2 Si 8 O 22 ( OH ) 2 .
Notes: chrysotile commonly occurs as soft friable fibers . Asbestiform amphibole may also occur as soft friable fibers but some varieties such as amosite are commonly straighter. All forms of asbestos are fibrillar in that they are composed of fibers with widths less than 1 micrometer that occur in bundles and have very long lengths. Asbestos with particularly fine fibers is also referred to as "amianthus". Amphiboles such as tremolite have a crystal structure containing strongly bonded ribbonlike silicate anion polymers that extend the length of the crystal. Serpentine ( chrysotile ) has a sheetlike silicate anion which is curved and which rolls up like a carpet to form the fiber. [ 7 ]
Other materials
Other regulated asbestos minerals, such as tremolite asbestos, CAS No. 77536-68-6, Ca 2 Mg 5 Si 8 O 22 (OH) 2 ; actinolite asbestos, CAS No. 77536-66-4, Ca 2 (Mg, Fe) 5 (Si 8 O 22 )(OH) 2 ; and anthophyllite asbestos, CAS No. 77536-67-5, (Mg, Fe) 7 Si 8 O 22 (OH) 2 ; are less commonly used industrially but can still be found in a variety of construction materials and insulation materials and have been reported in the past to occur in a few consumer products .
Other natural and not currently regulated asbestiform minerals, such as richterite , Na(CaNa)(Mg, Fe ++ ) 5 (Si 8 O 22 )(OH) 2 , and winchite , (CaNa)Mg 4 (Al, Fe 3+ )(Si 8 O 22 )(OH) 2 , may be found as a contaminant in products such as the vermiculite containing zonolite insulation manufactured by W.R. Grace and Company . These minerals are thought to be no less harmful than tremolite, amosite, or crocidolite, but since they are not regulated, they are referred to as "asbestiform" rather than asbestos although may still be related to diseases and hazardous. [ citation needed ]
Producing nations




Asbestos output in 2007


In 2006, 2.3 million tons of asbestos were mined worldwide, in 11 or 12 countries. Russia was the largest producer with about 40.2% world share followed by China (19.9%), Kazakhstan (13.0%), Canada (10.3%), and Brazil (9.9%). [ 8 ]
Uses
Historic usage
Asbestos was named by the ancient Greeks, although the naming of minerals was not very consistent at that time (the modern Greek word ἀσβεστος stands for lime , not for the material known as asbestos in English). The ancients already recognized certain hazards of the material. The Greek geographer Strabo and the Roman naturalist Pliny the Elder noted that the material damaged lungs of the slaves who mined it. [ 9 ] Charlemagne , the first Holy Roman Emperor , is said to have had a tablecloth made of asbestos. [ 10 ]
Wealthy Persians , who bought asbestos imported over the Hindu Kush , amazed guests by cleaning the cloth by simply exposing it to fire. According to Biruni in his book of Gems , any cloths made of asbestos ( Persian : آذرشست , āzarshast or Persian : آذرشب , āzarshab ) were called ( Persian : شستكه ) shastakeh . [ 11 ] Some of the Persians believed the fiber was fur from an animal (named samandar , Persian : سمندر ) that lived in fire and died when exposed to water. [ 12 ] [ 13 ]
While traveling to China, Marco Polo described observing miraculous garments that were cleaned by being placed in fires [ citation needed ] . These garments were likely made from asbestos [ citation needed ] .
Some archeologists believe that ancients made shrouds of asbestos, wherein they burned the bodies of their kings, in order to preserve only their ashes, and prevent their being mixed with those of wood or other combustible materials commonly used in funeral pyres. [ 14 ] Others assert that the ancients used asbestos to make perpetual wicks for sepulchral or other lamps. [ 12 ] In more recent centuries, asbestos was indeed used for this purpose. Although asbestos causes skin to itch upon contact, ancient literature indicates that it was prescribed for diseases of the skin, and particularly for the itch. It is possible that they used the term asbestos for soapstone , because the two terms have often been confused throughout history. [ 14 ]
Recent usage
Asbestos became more widespread during the industrial revolution; in the 1866 it was used as insulation in the U.S. and Canada. Development of the first commercial asbestos mine began in 1874 in the Appalachian foothills of Quebec . [ 15 ] By the mid 20th century uses included fire retardant coatings, concrete, bricks, pipes and fireplace cement, heat, fire, and acid resistant gaskets, pipe insulation, ceiling insulation, fireproof drywall, flooring, roofing, lawn furniture, and drywall joint compound.
Approximately 100,000 people in the United States have died, or will die, from asbestos exposure related to ship building. In the Hampton Roads area, a shipbuilding center, mesothelioma occurrence is seven times the national rate. [ 16 ] Thousands of tons of asbestos were used in World War II ships to wrap the pipes, line the boilers, and cover engine and turbine parts. There were approximately 4.3 million shipyard workers in the United States during WWII; for every thousand workers about fourteen died of mesothelioma and an unknown number died from asbestosis . [ 17 ]
Asbestos fibers were once used in automobile brake pads , shoes, and clutch discs . Since the mid-1990s, a majority of brake pads, new or replacement, have been manufactured instead with linings made of ceramic, carbon, metallic and aramid fiber ( Twaron or Kevlar —the same material used in bulletproof vests ).
Kent , the first filtered cigarette on the market, used crocidolite asbestos in its "Micronite" filter from 1952 to 1956. [ 18 ]
The first documented death related to asbestos was in 1906. In the early 1900s researchers began to notice a large number of early deaths and lung problems in asbestos mining towns. The first diagnosis of asbestosis was made in the UK in 1924. By the 1930s, the UK regulated ventilation and made asbestosis an excusable work related disease, about ten years sooner than the U.S. [ 5 ] The term mesothelioma was first used in medical literature in 1931; its association with asbestos was first noted sometime in the 1940s.
The United States government and asbestos industry have been criticized for not acting quickly enough to inform the public of dangers, and to reduce public exposure. In the late 1970s court documents proved that asbestos industry officials knew of asbestos dangers since the 1930s and had concealed them from the public. [ 17 ] A similar situation had arisen in the 1920s with the careless handling of radium and the ensuing scandal of the Radium Girls .
In Japan, particularly after World War II , asbestos was used in the manufacture of ammonium sulfate for purposes of rice production, sprayed upon the ceilings, iron skeletons, and walls of railroad cars and buildings (during the 1960s), and used for energy efficiency reasons as well. Production of asbestos in Japan peaked in 1974 and went through ups and downs until about 1990, when production began to drop severely. [ 19 ]
In Australia, asbestos was widely used in construction and other industries between 1945 and 1980. From the 1970s there was increasing concern about the dangers of asbestos and its use was phased out. Mining ceased in 1983. The use of asbestos was phased out in 1989 and banned entirely in 2004. The dangers of asbestos are now well known in Australia and there is help and support for sufferers from asbestosis or mesothelioma. [ 20 ]
Specific products
Serpentine group
Serpentine minerals have a sheet or layered structure. Chrysotile is the only asbestos mineral in the serpentine group. In the United States , chrysotile has been the most commonly used type of asbestos. According to the U.S. EPA Asbestos Building Inspectors Manual, chrysotile accounts for approximately 95% of asbestos found in buildings in the United States. Chrysotile is often present in a wide variety of products and materials, including:

drywall and joint compound
plaster
mud and texture coats
vinyl floor tiles, sheeting, adhesives
roofing tars, felts, siding, and shingles
"transite" panels, siding, countertops, and pipes
popcorn ceilings , also known as acoustic ceilings
fireproofing
caulk
gaskets
packing, a system for sealing a rotating shaft
brake pads and shoes
clutch plates
stage curtains
fire blankets
interior fire doors
fireproof clothing for firefighters
thermal pipe insulation
filters for removing fine particulates from chemicals, liquids, and wine
dental cast linings
HVAC flexible duct connectors
drilling fluid additives





A household heat spreader for cooking on gas stoves, made of asbestos (probably 1950s; "Amiante pur" is French for "Pure Asbestos")


In the European Union and Australia it has recently been banned as a potential health hazard [ 21 ] and is not used at all. Japan is moving in the same direction, but more slowly. Revelations that hundreds of workers had died in Japan over the previous few decades from diseases related to asbestos sparked a scandal in mid-2005. [ 22 ] Tokyo had, in 1971, ordered companies handling asbestos to install ventilators and check health on a regular basis; however, the Japanese government did not ban crocidolite and amosite until 1995, and a full-fledged ban on asbestos was implemented in October 2004. [ 22 ]
Amphibole group
Five types of asbestos are found in the amphibole group: amosite, crocidolite, anthophyllite, tremolite, and actinolite. Amosite, the second most likely type to be found in buildings, according to the U.S. EPA Asbestos Building Inspectors Guide, is the "brown" asbestos.
Amosite and crocidolite were formerly used in many products until the early 1980s. The use of all types of asbestos in the amphibole group was banned in much of the Western world by the mid-1980s, and by Japan in 1995. These products were mainly:

Low density insulation board and ceiling tiles
Asbestos-cement sheets and pipes for construction, casing for water and electrical/telecommunication services
Thermal and chemical insulation ( e.g., fire rated doors, limpet spray, lagging and gaskets)

Health problems




Left-sided mesothelioma  : CT chest


Amosite and crocidolite are the most hazardous of the asbestos minerals because of their long persistence in the lungs of exposed people. Tremolite often contaminates chrysotile asbestos, thus creating an additional hazard. Chrysotile asbestos, like all other forms of asbestos, has produced tumors in animals. Mesotheliomas have been observed in people who were occupationally exposed to chrysotile, family members of the occupationally exposed, and residents who lived close to asbestos factories and mines. [ 23 ]
Asbestos exposure becomes a health concern when high concentrations of asbestos fibers are inhaled over a long time period. [ 24 ] People who become ill from inhaling asbestos are often those who are exposed on a day-to-day basis in a job where they worked directly with the material. As a person's exposure to fibers increases, because of being exposed to higher concentrations of fibers and/or by being exposed for a longer time, then that person's risk of disease also increases. Disease is very unlikely to result from a single, high-level exposure, or from a short period of exposure to lower levels. [ 24 ]
Other asbestos-related diseases

Asbestos warts : caused when the sharp fibers lodge in the skin and are overgrown causing benign callus -like growths.
Pleural plaques : discrete fibrous or partially calcified thickened area which can be seen on X-rays of individuals exposed to asbestos. Although pleural plaques are themselves asymptomatic, in some patients this develops into pleural thickening.
Diffuse pleural thickening : similar to above and can sometimes be associated with asbestosis . Usually no symptoms shown but if exposure is extensive, it can cause lung impairment.

Asbestos as a contaminant




Asbestos fibers ( SEM micrograph)


Most respirable asbestos fibers are invisible to the unaided human eye because their size is about 3.0–20.0 µm long and can be as thin as 0.01 µm. Human hair ranges in size from 17 to 181 µm in width. [ 25 ] Fibers ultimately form because when these minerals originally cooled and crystallized, they formed by the polymeric molecules lining up parallel with each other and forming oriented crystal lattices . These crystals thus have three cleavage planes , just as other minerals and gemstones have. But in their case, there are two cleavage planes that are much weaker than the third direction. When sufficient force is applied, they tend to break along their weakest directions, resulting in a linear fragmentation pattern and hence a fibrous form. This fracture process can keep occurring and one larger asbestos fiber can ultimately become the source of hundreds of much thinner and smaller fibers.
As asbestos fibers get smaller and lighter, they more easily become airborne and human respiratory exposures can result. Fibers will eventually settle but may be re-suspended by air currents or other movement.
Friability of a product containing asbestos means that it is so soft and weak in structure that it can be broken with simple finger crushing pressure. Friable materials are of the most initial concern because of their ease of damage. The forces or conditions of usage that come into intimate contact with most non-friable materials containing asbestos are substantially higher than finger pressure.
Environmental asbestos
Asbestos can be found naturally in the air outdoors and in some drinkable water, including water from natural sources. [ 26 ] Studies have shown that members of the general (non-occupationally exposed) population have tens of thousands to hundreds of thousands of asbestos fibers in each gram of dry lung tissue, which translates into millions of fibers and tens of thousands of asbestos bodies in every person's lungs. [ 27 ]
Asbestos from natural geologic deposits is known as "Naturally Occurring Asbestos" (NOA). Health risks associated with exposure to NOA are not yet fully understood, and current US federal regulations do not address exposure from NOA. Many populated areas are in proximity to shallow, natural deposits which occur in 50 of 58 California counties and in 19 other U.S. states. In one study, data was collected from 3,000 mesothelioma patients in California and 890 men with prostate cancer , a malignancy not known to be related to asbestos. The study found a correlation between the incidence of mesotheliomas and the distance a patient lived from known deposits of rock likely to include asbestos; the correlation was not present when the incidence of prostate cancer was compared with the same distances. According to the study, risk of mesothelioma declined by 6 percent for every 10 kilometers that an individual had lived away from a likely asbestos source. [ 28 ]
Portions of El Dorado County, California are known to contain natural asbestos formations near the surface. [ 28 ] [ 29 ] The USGS studied amphiboles in rock and soil in the area in response to an EPA sampling study and subsequent criticism of the EPA study. The study found that many amphibole particles in the area meet the counting rule criteria used by the EPA for chemical and morphological limits, but do not meet morphological requirements for commercial-grade-asbestos. The executive summary pointed out that even particles that do not meet requirements for commercial-grade-asbestos may be a health threat and suggested a collaborative research effort to assess health risks associated with "Naturally Occurring Asbestos." [ 30 ]
Large portions of Fairfax County, Virginia were also found to be underlain with tremolite . The county monitored air quality at construction sites, controlled soil taken from affected areas, and required freshly developed sites to lay 6 inches (150 mm) of clean, stable material over the ground. [ 28 ]
For environmental samples, one must normally resort to electron microscopy for positive identification. [ 31 ] Today, gravimetric and PCM / PLM techniques are employed. However, the latter techniques cannot readily identify the smallest, most hazardous, fibers, because they are limited to PM10 particulate size evaluation, which completely ignores ultrafine particles (UFPs).
History of health concerns and regulation
Before 1900
By the first century AD, Greeks and Romans had already observed, at least in passing, that slaves involved in the weaving of asbestos cloth were afflicted with a sickness of the lungs. [ 32 ]
Early concern in the modern era on the health effects of asbestos exposure can be found in several sources. Among the earliest were reports in Britain. The annual reports of the Chief Inspector of Factories reported as early as 1898 that asbestos had "easily demonstrated" health risks. [ 33 ]
At about the same time, what was probably the first study of mortality among asbestos workers was reported in France. [ 34 ] While the study describes the cause of death as chalicosis , a generalized pneumoconiosis , the circumstances of the employment of the fifty workers whose death prompted the study suggest that the root cause was asbestos or mixed asbestos-cotton dust exposure.
1900s—1910s




Micrograph demonstrating asbestosis of the lung ( ferruginous bodies ). H&E stain .


Further awareness of asbestos-related diseases can be found in the early 1900s, when London doctor H. Montague Murray conducted a post mortem exam on a young asbestos factory worker who died in 1899. Dr. Murray gave testimony on this death in connection with an industrial disease compensation hearing. The post-mortem confirmed the presen