Re-thinking the law, and challenging its traditional role in nursing's affairs: A strategy for professional reform
Megan-Jane Johnstone
Professor of Nursing; Director of Research, Division of Nursing and Midwifery, RMIT University, Bundoora West Campus, Melbourne VIC
PP: 005 - 011
Abstract
Nurses worldwide have regarded the law as a powerful tool of professional reform, and have historically looked to the law (its system and processes) to enhance and advance their professional goals. Nevertheless, the nursing profession still has not achieved its ultimate goals. To this day, nurses lack legitimated status as autonomous professionals, and are still burdened with enormous responsibilities without the authority to match it.
Given that the law is such a powerful tool of professional reform, the question must be asked at this point of nursing history: Why has the nursing profession not received the legal remedies it has sought in its quest to gain legitimate freedom from the subordinate and oppressed position it has historically occupied? In this paper, an attempt will be made to answer this question.
References
Anderson BS and Zinsser JP (1988) A History of Their Own: Women in Europe from Prehistory to the Present. Volume 1, New York: Harper & Row.
Atkins S and Hoggett B (1984) Women and the Law, Oxford: Basil Blackwell.
Brophy J and Smart C (Eds) (1985) Women in Law: Explorations in Law, Family and Sexuality, London: Routledge & Kegan Paul.
Bullough B (Ed) (1975) The Law and the Expanding Role of the Nurse, New York: Appleton-Century-Crofts.
Chesler P (1986) Mothers on Trial: The Battle for Children and Custody, New York: McGraw-Hill Book Company.
Creighton H (1975) Law Every Nurse Should Know 3rd edn, Philadelphia: WB Saunders.
Dahl TS (1987) Women's Law: An Introduction to Feminist Jurisprudence, Oslo: Norwegian University Press.
DeCrow K (1974) Sexist Justice, New York: Vintage Books, Random House.
Dock LL and Stewart IM (1938 edn) A Short History of Nursing, New York: GP Putnam's Sons.
Edwards v. Attorney General. Canada (1929). A.C. 124..
Eisler R (19B7) Human rights: Toward an Integrated Theory of Action, Feminist Issues, 7(1): 25-46.
Fiesta J (1988) The Law and Liability: A Guide for Nurses 2nd edn, New York: John Wiley & Sons.
Foucault M (1978 edn) The History of Sexuality: An Introduction, London: Penguin Books.
Graycar R (Ed) (1990) Dissenting Opinions: Feminist Explorations in Law and Society, Sydney: Allen & Unwin.
Graycar R and Morgan J (1990) The Hidden Gender of Law, Annandale NSW: The Federation Press.
Guido GW (19B8) Legal Issues in Nursing: A Source Book for Practice, Norwalk, Connecticut/San Mateo: Appleton & Lange.
Hirsh HL (1982) TLC Plus, Nursing Homes 31(6): 37-38.
Johnston JD and Knapp CL (1971) Sex Discrimination by Law: A Study in Judicial Perspective, New York University Law Review 46: 675.
Johnstone M (1991) 'The Epistemological and Legal Dimensions of Nursing'. Unpublished PhD Thesis, Legal Studies Department, La Trobe University, Melbourne.
Kairys D (Ed) (1982) The Politics of Law: A Progressive Critique, New York: Pantheon Books.
Kelly LY (1985 5th edn) Dimensions of Professional Nursing, New York: MacMillan Publishing Co.
Koeniguer v. Eckrich (1988) 422 N.W. 2nd 600 (S.D. 1988).
Laufer S (1990) Preface. In CCH Health and Medical Law Editors (1990) Law for the Nursing Profession, Sydney: CCH Australia Ltd.
Maas ML (1973) Nurse Autonomy and Accountability in Organized Nursing Services, Nursing Forum. 12(3): 237-259.
MacKinnon CA (1987) Feminism Unmodified: Discourses on Life and Law, Cambridge, Massachusetts: Harvard University Press.
Morrow H (1986) Nurses, nursing and women, WHO Chronicle 40(6): 216-221.
Murchison I, Nichols TS and Hanson R (1982) Legal Accountability and the Nursing Process 2nd edn, St. Louis: The CV Mosby Company.
Murphy EK (1990) The Legal Perspective of Nurse Autonomy. In NL Chaska (Ed) (1990) The Nursing Profession: Turning Points, St Louis: The CV Mosby Company.
Naffine N (1987) Female Crime: The Construction of Women in Criminology, Sydney: Allen & Unwin.
Naffine N (1990) Law and the Sexes: Explorations in Feminist Jurisprudence, Sydney: Allen & Unwin.
Northrop CE and Kelly ME (19B7) Legal Issues in Nursing, St Louis: The CV Mosby Company.
Richardson v. Doe (1964) 199 N.E., 2nd 878 (176 Ohio 51. 370).
Royal College of Nursing, Australia (RCNA), Australian Nursing Federation, Florence Nightingale Committee, Australia, and the New South Wales College of Nursing (1991) Nursing Research Targets into the Twenty First Century: Discussion Paper and First Draft Policy Statement. Melbourne: Royal College of Nursing, Australia.
Sachs A and Wilson JH (1978) Sexism and the Law, Oxford: Martin Robertson.
Salvage J (1985) The Politics of Nursing, London: Heinemann Nursing..
Scutt J (1990) Women and the Law, Sydney: The Law Book Company.
Smart C (1984) The Ties that Bind: Law, Marriage and the Reproduction of Patriarchal Relations, London: Routledge & Kegan Paul.
Staunton P and Whyburn B (1989) Nursing and the Law 2nd edn, Sydney: WB Saunders/Bailliere Tindall.
Thornton M (1990) The Liberal Promise: Anti-Discrimination Legislation in Australia, Melbourne: Oxford University Press.
Toth v. Community Hospital at Glen Cove (1968) 239 N.E. 2nd 368 (22 N.Y. 2d 255).
World Health Organisation (1986) Leadership for Health For All: The Challenge to Nursing - A Strategy for Action, Geneva: Division of Health Manpower Development, World Health Organisation.
eContent Home
