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2 results

  • 9 - The Fundamental Misconception in the Drafting of the Thai Civil and Commercial Code of 1925

  • from Part II - Foreign Influence and the Reform Period
  • Edited by Andrew Harding, National University of Singapore, Munin Pongsapan
  • Book:
    Thai Legal History
    Published online:
    28 May 2021
    Print publication:
    17 June 2021, pp 122-137

  • Summary

    The work of codification of civil and commercial law, which began in 1908 under the direction of French draftsmen, produced the desired result in 1925 only after Phraya Manavarajasevi (Plod na Songkhla) became involved. Plod was instrumental in replacing the French Civil Code of 1804 with the German Civil Code of 1900 (“BGB”) as the principal model and introducing the Japanese Civil Code of 1898 (“JCC”) and a copying method which he referred to as the ‘Japanese method’ to the new Thai-dominated drafting committee. The JCC and the ‘Japanese method’ were chosen owing to Plod’s conviction that the Japanese had established their civil code by copying the BGB. In reality, the JCC was influenced by a variety of foreign laws, including German and French law. The drafting committee’s lack of knowledge about the rules and concepts they borrowed and the method they adopted led to difficulties in interpreting the rules and concepts in question. This chapter will explore Plod’s fundamental misconception in the drafting of the TCCC and its consequences with a particular focus on the principle of fault in breach of contract.

  • Incidence of Fatal Airway Obstruction in Police Officers Feloniously Killed in the Line of Duty: A 10-Year Retrospective Analysis

  • Laura A. Fisher, David W. Callaway, Matthew D. Sztajnkrycer
  • Journal:
    Prehospital and Disaster Medicine / Volume 28 / Issue 5 / October 2013
    Published online by Cambridge University Press:
    27 June 2013, pp. 466-470
    Print publication:
    October 2013
  • Background

    According to US military data, airway obstruction is the third leading cause of possibly preventable death in combat. In the absence of law enforcement-specific medical training, military experience has been translated to the law enforcement sector. The purpose of this study was to determine whether airway obstruction represents a significant cause of possibly preventable death in police officers, and whether current military combat lifesaver training programs might have prevented these fatalities.

    Methods

    De-identified, open-source US Federal Bureau of Investigation (FBI) Uniform Crime Report Law Enforcement Officers Killed and Assaulted (LEOKA) data for the years 1998-2007 were reviewed. Cases were included if officers were on duty at the time of fatal injury and died within one hour from time of wounding from penetrating face or neck trauma. After case identification, letters requesting autopsy reports were sent to the departments of victim officers. Reports were abstracted into a Microsoft Excel database.

    Results

    During the study period, 42 of 533 victim officers met inclusion criteria. Departmental response rate was 85.7%. Autopsy reports were provided for 29 officers; 23 (54.8%) cases remained in the final analysis. All officers died from gunshot wounds. No coroner specifically identified airway obstruction as either a direct cause of death or contributing factor. Based upon autopsy findings, three of 341 officers possibly succumbed to airway trauma (0.9%; 95% CI, 0.0%-1.9%). Endotracheal intubation was the most common advanced airway management technique utilized during attempted resuscitation.

    Conclusion

    The limited LEOKA data suggests that acute airway obstruction secondary to penetrating trauma appears to be a rare cause of possibly preventable death in police officers. Based upon the nature of airway trauma, nasopharyngeal airways would not be expected to be an effective lifesaving intervention. This study highlights the requirement for a comprehensive mortality and “near miss” database for law enforcement officers.

    FisherL, CallawayD, SztajnkrycerM. Incidence of Fatal Airway Obstruction in Police Officers Feloniously Killed in the Line of Duty: A 10-Year Retrospective Analysis. Prehosp Disaster Med.2013;28(5):1-5.