A Law Student's Attempt to Understand It All.

Showing posts with label Law. Show all posts
Showing posts with label Law. Show all posts

Friday, July 25, 2008

Lesbian on Lesbian Action Again

To update you on my previous post:

Reuters reports that a court in Athens has dismissed the plea by Lesbians (residents of the Greek island of Lesbos) to ban Lesbians (homosexual women) from using the term. Given the nature of hypersensitivity to the GLBT movement, this ruling does not surprise me in the least.

What bothers me is one particular line in the story:
In a July 18 decision, the Athens court said the word did not define the identity of the residents of the island, and so it could be validly used by gay groups in Greece and abroad.
This holding is patently false. The word's etymology derives from the name of the island and its inhabitants. To be "Lesbian" was originally the same as being an "American" or "English" or "French." When part of a hegemonic league (such as the Delian League), "Lesbian" was roughly equivalent to "Coloradoan" or maybe "Puerto Rican." That is the word has historically been understood to refer to the inhabitants of the island of Lesbos.

Where "lesbian" achieved its new definition comes from the ancient erotic poet Sappho whose works often featured female homosexual sex. While it is true that Sappho was from the seventh century, B.C., the term "lesbian" had a duel meaning through most of history. During that time, the term was very often, if not most often, understood to mean the inhabitants of Lesbos first and homosexual women only secondarily. It's like us referring to a "special" or "San Francisco" type male today. Does that mean the homosexual community should be able to steal the word "special" from our language? Or should a person be ashamed for being from San Francisco and thus associated with homosexuals? (Wait.. that has happened already...)

The case will almost certainly be appealed, for this is a matter of principle. Don't hold your breath for a different ruling because European courts recently have been going to great lengths to satisfy their GLBT communities.

Monday, June 9, 2008

Why I Do Law

A relative of mine is in the hospital. She was supposed to go in for a quick procedure and be out within twelve to forty-eight hours. She has now been in for nine days. The surgeon unnecessarily delayed in performing the procedure, despite recommendations from her primary care physician and the Emergency Department physician who recommended the procedure. That was an annoyance.

The true problem arose when the staff physical therapist failed to do her job. My relative had orders from the medical attending to receive physical therapy twice per day. In the nine days she has been in the hospital, the physical therapist has spent a grand total of twenty (yes, 20) minutes. As any medical professional will tell you, if a person does not get out of bed and use their muscles, then the muscles will begin to atrophy within a day.

My relative could walk when she went to the hospital. Now, she cannot walk. People are not supposed to get worse when they stay in a hospital.

When we expressed our concerns with the physical therapist, she began to talk over us and then proceeded to blame my relative for not “alerting her” when she failed to return. Yes, that is right, a bed-bound person recovering from surgery is supposed to chase a flighty physical therapist down the hallway.

Well, the “house manager” was eventually called. When he came, I put on my lawyer hat and represented my client. I was able to calmly and rationally explain our concerns about my relative’s treatment. I then discussed the physical therapist’s failure to hear our concerns (i.e. she was filibustering). Finally, I emphasized that it is not the responsibility of a bed-bound patient to chase someone down the hall to beg the therapist to do her job.

My relative was relieved that I stepped in to explain what was going on. The house manager promised a meeting and that someone else would take over my relative’s physical therapy.

Yesterday I was an advocate. Yesterday I made a difference. This is why I’m in law school.