[Disturbance of the health--an attempt at interpreting the term. Part I--appraisal of the language propriety, semantic reference, a review of judicial decisions].
The term "disturbance of the health" is present in many legal acts. It is employed to describe the detriment to the health in penal proceedings of offences against life and health. In civil procedures, it is a ground for the obligation to redress the damage. The authors present an analysis of the semantic sense of the term based on its linguistic and logical sense and the system context, in which it appears in legal regulations. The language propriety of the expression is assessed. The above deliberations are confronted with judicial decisions that interpret the term in pronounced sentences. The result is the determination of the semantic reference of the term as used in judicial practice. The semantic criteria used by the authors are "multisignificance", "clarity", "sharpness" and "instability". The analysis of the system context has demonstrated that the legislators are inconsistent and use the term together with "anatomical terms". In judicial decisions, "disturbance of the health" is defined as a functional, as well as mental detriment to the health that exceeds the individual's adaptative abilities.
Jurek
Tomasz
T
Akademii Medycznej we Wrocławiu. tjurek@forensic.am.wroc.pl
Swiatek
Barbara
B
D004185:Disability Evaluation; D004608:Eligibility Determination / Q000331:legislation & jurisprudence*; D004651:Employment / Q000331:legislation & jurisprudence; D006304:Health Status; D006801:Humans; D009784:Occupational Diseases / Q000175:diagnosis*; D016272:Occupational Health / Q000331:legislation & jurisprudence*; D010561:Personnel Staffing and Scheduling / Q000331:legislation & jurisprudence; D011044:Poland; D017751:Safety Management / Q000331:legislation & jurisprudence; D009626:Terminology as Topic