(Download) "Tsakos Shipping and Trading" by Fourth Appellate District, Division Two Court of Appeal of California # eBook PDF Kindle ePub Free
eBook details
- Title: Tsakos Shipping and Trading
- Author : Fourth Appellate District, Division Two Court of Appeal of California
- Release Date : January 05, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 89 KB
Description
More than a century ago, the United States Supreme Court declared, "No right is held more sacred, or is more carefully guarded, by the common law, than the right of every individual to possession and control of his own person, free from all restraint or interference of others, unless by clear and unquestionable authority of law.. .. The right to ones person may be said to be a right of complete immunity: to be let alone. [Citation.]" (Union Pacific Railway Co. v. Botsford (1891) 141 U.S. 250, 251 [35 L.Ed. 734, 737, 11 S.Ct. 1000].) Speaking for the New York Court of Appeals, Justice Benjamin Cardozo echoed this precept of personal autonomy in observing, "Every human being of adult years and sound mind has a right to determine what shall be done with his own body.. .." (Schloendorff v. Society of New York Hospital (1914) 211 N.Y. 125 [105 N.E. 92, 93], overruled on other grounds in Bing v. Thunig (1957) 2 N.Y.2d 656 [163 N.Y.S.2d 3, 143 N.E.2d 3].) And over two decades ago, Justice Mosk reiterated the same principle for this court: "[A] person of adult years and in sound mind has the right, in the exercise of control over his body, to determine whether or not to submit to lawful medical treatment." (Cobbs v. Grant (1972) 8 Cal. 3d 229, 242 [104 Cal. Rptr. 505, 502 P.2d 1].)