THE HISTORICAL BACKGROUNDS OF MEDICAL LAW’S ACTS APPEAR IN ANCIENT AGE

Abstract

Article proposed discusses the problems of historical development of medical and social relations as preconditions for the emergence of norms of medical law in the states of the Ancient World. The purpose of this work is the retrospective review of public relations, which became a prerequisite for the emergence of legal acts in the field of medicine of the ancient world; identification of their regularities, features and dialectical relations; separation of relations in the field of medicine, which, due to their public significance, needed and need legal settlement, in particular, at the expense of labor law; development of author’s conclusions and outlining of perspective directions of further scientific exploration. The research methodology is based on common scientific methods and empirical methods. In particular, it is concluded that the aforesaid relations needed to be regulated by the norms of labor, criminal and administrative law, which created a medical and legal triad of the settlement of public relations in the specified sphere. According to the historical and chronological feature, medical and social relations for the first time were regulated by the norms of labor law (norms on the remuneration of doctors, the Laws of Hamurapi, XVIII century BC). This fact generates a medical and legal paradox, since labor law as an independent branch is not recognized as a scientific doctrine for that period of time, but already in the XVIII century BC there were its subjects (doctors), sources (Laws of Hamurapi) and norms, even in conditions of slave rule. Above leads to certain doubts in the axiomatics of the formation criterion of social development and the correctness of approaches in determining the time of acquisition of independent status by the branch of labor law.