Medical Jurisprudence, Forensic medicine and Toxicology. Vol. 1 — John Shaqi
Medical Jurisprudence, Forensic medicine and Toxicology. Vol. 1Witthaus, R. A. (Rudolph August)
Science
Medical Jurisprudence, Forensic medicine and Toxicology. Vol. 1
Witthaus, R. A. (Rudolph August)
Medical jurisprudence; Poisons; Toxicology
“It is undoubtedly the right of every citizen of the United States
to follow any lawful calling, business, or profession he may choose,
subject only to such restrictions as are imposed upon all persons
of like age, sex, and condition. This right may in many respects be
considered as a distinguishing feature of our republican institutions.
Here all vocations are open to every one on like conditions. All may
be pursued as sources of livelihood, some requiring years of study and
great learning for their successful prosecution. The interest, or,
as it is sometimes termed, the estate acquired in them, that is, the
right to continue their prosecution, is often of great value to the
possessors, and cannot be arbitrarily taken from them, any more than
their real or personal property can be thus taken. But there is no
arbitrary deprivation of such right where its exercise is not permitted
because of a failure to comply with conditions imposed by the State
for the protection of society. The power of the State to provide for
the general welfare of its people authorizes it to prescribe all such
regulations as, in its judgment, will secure or tend to secure them
against the consequences of ignorance and incapacity as well as of
deception and fraud. As one means to this end it has been the practice
of different States, from time immemorial, to exact in many pursuits
a certain degree of skill and learning upon which the community may
confidently rely, their possession being generally ascertained upon
an examination of the parties by competent persons, or inferred from
a certificate to them in the form of a diploma or license from an
institution established for instruction on the subjects, scientific
and otherwise, with which such pursuits have to deal. The nature and
extent of the qualifications required must depend primarily upon the
judgment of the State as to their necessity. If they are appropriate
to the calling or profession, and attainable by reasonable study or
application, no objection to their validity can be raised because of
their stringency or difficulty. It is only when they have no relation
to such calling or profession, or are unattainable by such reasonable
study and application, that they can operate to deprive one of his
right to pursue a lawful vocation.
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