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Law and Medicine

The Case Against Role Blurring

Published online by Cambridge University Press:  01 July 2024

Nils Christie
Nils Christie*
Affiliation:
University of Oslo
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Extract

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Some standard conflicts seem to appear again and again in the relationship between law and medicine. Lawyers are accused of showing undue concern for the past, for formalities, for retribution, and for deterrence, as well as having a basic lack of skill in the handling of human needs. Medical people are accused of disregarding law and the needs of society, and also of often overstepping individual rights in their eagerness as “good-doers.” Imperialists within both camps demand more scope for their particular approach. Delinquents, drinkers, psychopaths, or drug abusers—a continuous battle rages between these major professions as to whom these problems belong. There are property claims in human and social problems as well as in land.

Type
Research Article
Information
Law & Society Review , Volume 5 , Issue 3 , February 1971 , pp. 357 - 366
Copyright
Copyright © 1971 The Law and Society Association.

Footnotes

AUTHOR'S NOTE: The first draft of this paper was presented at the University of Edinburgh, a later edition at Yale Law School. I am particularly grateful for constructive criticism from Donald Black, Lawrence Friedman, John Spencer, and Stanton Wheeler.

References

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