per
Dr. Mahmoud Abbasi
Medical Law Journal
2008-4390
2476-7158
2009-10
3
10
13
34
article
A study on physiognomy in one of the works of Hakim Meisarie; the Oldest Medical Document in the Universe
Esmail Azar
1
Mahmoud Abbasi
dr.abbasi@sbmu.ac.ir
2
Nastaran Mahlujian
3
The history of realizing a human being based on physiognomy goes back to five thousand years when Chinese were anticipated the events occurred to a person according to some indications in his/her face. Among Greek sags and philosopher;
Hippocrates, Aristotle, Plato, Galenus and Stoics have presented some theories about physiognomy. But Juhan Lavater, a Swiss Scientist, was the first person who studied physiognomy scientifically. In Islamic sciences, Qazali paid attention to this subject; therefore, he supposed the knowledge as having two branches. The first theoretical sciences which speak of the truth of objects and the second, transaction sciences which deal with human behavior. Avicenna, a Muslim sags, studied equilibrium in human organs and referred to a Muslim prophet’s speech. Farabi presented a connection of the opinions of Aristotle and Plato and wrote about their common features. Javadi Amoli a sectarian scholar paid attention to the holy Qura’n. American and European scientists paid attention to the apparent forms of skull in the west. They supposed the physical body structure as the cause of bodily behaviors and presented human characteristics through this means. Lombrezo, an Italian physician and criminologist, considered criminal behaviors as the result of genetic foundations. To realize human based on physiognomy, Yung divided individuals to the external and internal; psychologically stable and unstable. Sigodamk Ulif, a French psychologist of 19th century divided human face to the faces which are similar to the moon, tree, light and iron. He contended that his division was based on mental and digestive factors. But Hakim Meisari was the first Iranian scholar who paid attention to the physiognomy. In his poetical book, Meisari considered individual’s organs, foundation of face and conditions of health as psychological and behavioral features and discussed them. This writing deals with the above-mentioned factors.
http://ijmedicallaw.ir/article-1-454-en.pdf
Physiognomy
typology
spiritual medicine
behavior
internalists
heredity
studying the skulls
per
Dr. Mahmoud Abbasi
Medical Law Journal
2008-4390
2476-7158
2009-10
3
10
35
62
article
A Juridical – legal study on Criminal liability of Transmitter of AIDS in Homicide: A Focus of AIDS Transmission through sexual relation
Farough Yazdani Azad
farooghyazdani@yahoo.com
1
Amir Samavati Pirouz
a_samavati_p@yahoo.com
2
The authors of this article try to study a subject which has challenged not only legal society but also human society from the viewpoint of Islamic jurisprudence and law. The article discusses to a person who has been infected with HIV and has a sexual relation with another person intentionally. As a result, a question will be posed: Can a criminal liability be considered for such a person? In this article, pries bad cons of applying criminal liability will be pros attention to and will be evaluated. Then, after criticizing opponents’ reasons for enacting a special Act, the authors of the present article will argue why it is necessary to enact a special Act in this respect. After reviewing Iranian legal system, the authors maintain that no specific act has been enacted on the issue. Some statutes including the Act for preventing sexual and infectious diseases 1941 and a legal bill related to pouring acid can not be applied to the issue. Hence, traditional criminal Acts should be used in this respect. Finally, the authors will study juridical–legal subjects in Islamic Penal Act 1991. Some of the lawyers presented some opinions including attempting to homicide’ intentional assault, threatening against public health, waging against God and making corruption on Earth. Homicide can be supposed regarding to the transmitter’s knowledge and the victim in 9 situations. These will be studied in this article. At last, the author will conclude that the only crime which can be applied in this issue is homicide.
http://ijmedicallaw.ir/article-1-456-en.pdf
Criminal liability
HIV/AIDS
homicide
specific Act
Iranian legal system
a typically fatal conduct
per
Dr. Mahmoud Abbasi
Medical Law Journal
2008-4390
2476-7158
2009-10
3
10
63
79
article
Preventing Crimes and Misconducts Related to Laboratory Sciences
Mohammad Reza Rahbarpour
r.rahbar@yahoo.com
1
Mahmoud Abbasi
dr.abbasi@sbmu.ac.ir
2
Nowadays, Laboratories for medical diagnosis play a basic and crucial role in preserving and promoting the level of the health of society, especially diagnosis system and care of diseases. Regarding the development and expansion of medicine and interference of different elements in distinction. The termination and diagnosis of diseases, the physicians' increasing need to access result of medical tests is necessary and tangible. According to the viewpoint of WHO and its experts, it is impossible to conduct epidemiological and hygienic studies with out using the laboratories for medical diagnoses. At present almost all physicians are not able to apply a clear medical plan to treat their patients without the use of Para clinical capacities. Hence, the connection of the chains in clinical examinations and laboratory diagnosis can help both in realizing and discovering the diseases and with the status of research and generating knowledge in medicine.
The product and outcome of the laboratories for medical diagnosis are integral and unavoidable medical measures in therapeutic process and guaranteeing the health of society. Hence, to assure and to trust these results and their application in therapy are unavoidable and necessary. Nevertheless, laboratories for medical diagnosis are not immune to failures and even executive misconducts. The mistakes committed before conducting tests, while assessing parameters after conducting the tests and those due to the appearance of computer and expansion of its roles to upgrade the quality of clinical services are all included in the failures and misconducts which technical managers of laboratories and practitioners face. These mistakes, sometimes, cause legal and criminal liability. The present article deals with the application of the measures and approaches to prevent such mistakes.
http://ijmedicallaw.ir/article-1-455-en.pdf
Preventions
crimes of laboratory sciences
medical responsibility
executive misconducts
per
Dr. Mahmoud Abbasi
Medical Law Journal
2008-4390
2476-7158
2009-10
3
10
81
118
article
A study on the Fundamental Parental Theories
Zahra Aboutalebi
zahrabo@gmail.com
1
Although considerable developments in reproductive technologies made it possible to solve the problem of sterility, it posed some questions in the areas of Islamic jurisprudence, law, philosophy, ethics and sociology. Solving these problems seems to be even more difficult than those caused by sterility. One of these questions is the relationship of the child and his/her parents. In other words, it is the response to a question: Who is the parent of the child who is bored as a result of technologies related to sterility therapy? Studying the theories presented in this field and choosing one out of four following choices in Iranian legal system are very important. Genetic-based, pregnancy-based, intent-based and cause-based theories. A number of Iranian couples refer to special clinics and there will be number babies who will be borne through such technologies. Studying the viewpoints of Islam and Iranian legal system about geneology, the author of the present article, reviewed the literature of parental relationship. She studied the viewpoints of advocates and opponents in each approach and then chose the cause-intent-based approach as the best one.
http://ijmedicallaw.ir/article-1-457-en.pdf
Biotechnologies
parental theories
genealogy
sterility
per
Dr. Mahmoud Abbasi
Medical Law Journal
2008-4390
2476-7158
2009-10
3
10
119
141
article
Unlawful Occupation to Medical and Pharmaceutical Professions
Reza Vatankhah
watankhah_2100@yahoo.com
1
Abstract
Some of human needs are unique and unavoidable. Doubtless, medical and pharmaceutical need is one of the most important among all such needs. In the past, people dealt with such professions merely based on their personal eager, interests, and ability and doing these kinds of jobs didn’t need any special certificate or expertise. Never the less, nowadays dealing with the matters of this kind not only needs academic educations but there are some codified provisions which should be observed by graduates due to the developments in human societies and individuals' lives, increasing expansion of centers for different sciences and establishing scientific centers such as schools and universities. The graduates of medical and pharmaceutical fields are obliged to meet lawful terms and needs and also should be legally competent to deal with professions in these fields. They should receive official license for such occupations. Otherwise all their occupations will be rendered as unlawful. Nowadays, these provisions in the most of Islamic countries are bonding. Those who deal with medical and pharmaceutical professions without any license have criminal and civil liability regardless of having necessary education or expertise. Iran is not an exception to this rule and unlawful occupation in these fields has criminal characteristics and offenders will be convicted to punishments considered in statutes. Furthermore, repetition of such crimes causes severe punishment for offenders.
http://ijmedicallaw.ir/article-1-458-en.pdf
Unlawful occupation of medical and pharmaceutical professions
criminal statuses
crime
prevention
severity of punishment
per
Dr. Mahmoud Abbasi
Medical Law Journal
2008-4390
2476-7158
2009-10
3
10
143
179
article
Parents\' Impunity Regarding Inflicting Physical Harm on Children: A Challenge on the Right of Correction in Criminal Law
Amir Samavati Pirouz
a_samavati_p@yahoo.com
1
Mahmoud Abbasi
dr.abbasi@sbmu.ac.ir
2
Hossein Ahanin Jegar
3
Pondering on Parents' impunity in inflicting physical harm on children, we reach a basic question: What are basically the manifestations and consequences of parent’s use-specially that of father-of such immunity in Iranian criminal law? To answer this basic question, although a right to correction can be considered as a defensable pretext to inflict physical harm on children, Iranian legislator's approaches to adhere to such a base has not been homogenious. It deviated from its implicit or explicit criteria and base in different cases on which juridical and legal implications affect. Hence, Iranian legislator's lack of predicting a district criteria in respect of enacting such criteria which can be broadly interpreted sometimes put children at stake of inflicting dangerous and severe physical harm. It is worth mentioning that Iranian legislator takes some serious measures to fill these gaps and to enact a distinct and clear criminological criterion and to severe punishments. All these will be done alongside preserving childrens' physical health in the framework of family.
http://ijmedicallaw.ir/article-1-459-en.pdf
Physical harms
child
right to correction
child's good
punishment