RAMOSO, Michael A.

LEGAL MEDICINE

October 18, 2010

WARNING! DO NOT ENTER. It is the law defines our freedom *as physicians* and not the absence of it. Upon going through the lectures of Legal Medicine and Jurisprudence this semester, one would easily say and believe otherwise. For it is in Medical Jurisprudence where we get to know our limitations as soon-to-be-physicians; more so, identify what our soon-to-be-patients are capable of doing. Then theres Legal and Forensic medicine. Is not enough for us to cure and treat them of the diseases and instead of focusing and establishing on our profession as medical providers, Legal and Forensic medicine is like a binding contract that tells us what we are lawfully obligated to perform and by not abiding through these provisions can either send us to the gallows, cost us our hard earned money, provoke our licenses, or combination of all. Its just like suicide! But it is the law. The law may be hard to observe or difficult to obey, but it remains the law and must be therefore followed just the same. This is the plain and simple meaning and implication of the above cited Latin maxim which is well known in a special way by those in the legal profession. The Latin principle is objectively right and the legal experts are professionally right as well when invoking the Latin truism but only by virtue of the following three fundamental premises: Firstly, that the law is just in its objective content, just for the subject party concerned, and just to the society as a whole it is mandated for observance. In other words even but there is an iota of injustice in the law in conjunction with any of the said qualifying factors, a law may be difficult to comply with, but an unjust law it remains. Thus it is that it loses its nature and finality as a law.

Secondly, that the law equally applies to all without fear or favor. This simply means that everybody has exactly the same standing the same basic human dignity and the basic human rights before the law. This is the cornerstone of the majesty of the law: it bows to no one for consideration of power and wealth. Precisely, herein hinges the majesty of the law or this becomes a joke. Lastly, that the law is interpreted and applied by a legal system that is not simply working as designed and expected but categorically working according to the demands of social justice specially in terms of its distributive dimension that is provident of public welfare or common goods. And this is distinctly not the case when those entities and individuals tasked to act accordingly, either do nothing or act to the contrary. Under any of the at least three realities above mentioned, it is quite incongruous to say it with peace of conscience and conviction of reason the famous Latin line Dura lex sed lex.. Therein, the maxim or saying becomes a big bad joke - such as in the following cases: When physicians tend to their whim at the expense of their patients, either charging them with extravagant and unjustified laboratory tests or let the wealthy physicians monopolize the patient market. When someone is altogether immune from any prosecution for any gross misdeed, any gigantic graft, any colossal corruption even by making them one big combined or huge composite villainy precisely brought to fulfillment by that someone with all the power and influence to do what is right and just, but does exactly the abominable and censurable. With this in mind truly It is the law defines our freedom and not the absence of it.