ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

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Medical Negligence and Law

India has adopted the Bolam rule from the United Kingdom and has been using it to adjudicate cases of medical negligence. The evolution of the Bolam rule in the UK as well as the way the rule is applied in India by the Supreme Court reflects a balance between judicial intervention and deference to medical expertise. Although it is settled that it is the courts and not medical experts who must finally decide on whether the conduct of a doctor is negligent, the standards to be used when evaluating expert evidence and the extent to which such cases must be deferred to are evolving. The Supreme Court has not clearly stated the judicial standard against which it will test these differing opinions of medical experts and has not been consistent in its willingness to do so. Therefore, the application of the Bolam rule in India has been inconsistent and this is likely to have an impact on the decisions made by medical practitioners.

From Great Britain to Little England, via Brexit

The Brexit referendum was called effectively to settle an inner-party struggle within the conservative Tory party. The struggle in the Tory party signifies deep divisions within the ruling elite and the state. The Brexit vote and the victory of the nationalist strand in Toryism present the spectre of disintegration of the United Kingdom.

Right, Left and Right: From Great Britain to Little England, via Brexit

The Brexit referendum was called effectively to settle an inner-party struggle within the conservative Tory party. The struggle in the Tory party signifies deep divisions within the ruling elite and the state. The Brexit vote and the victory of the nationalist strand in Toryism present the spectre of disintegration of the United Kingdom.

Atoning for the Past

Responding to Abhijit Sarkar’s “Rhodes Will Not Fall Alone” the authors argue that the aim of their campaign has been the opposite of “sanitising history.” The campaign wants to begin and sustain a long overdue conversation in Britain about its colonial past.

Racial Justice in a Multi-Ethnic Society

The immediate concern of the Commission on the Future of Multi-Ethnic Britain was narrow and practical, namely, how to deal with the discrimination and disadvantages to which ethnic minorities are subject in British society. The Commission was, however, led to ask large questions about the nature of British society, the best way to read its history, how to deepen its collective self-understanding so as to make it hospitable to the presence of ethnic minorities, the appropriate language to describe the contemporary state of race relations, the nature of racism, how to balance the demands of social cohesion with those of cultural differences and the limits of permissible diversity.
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