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Good Samaritan Laws Introduction This paper wil

erican cultural characteristics. This argument suggests that the problem of "standing by" may have come from the culture of self-autonomy which has been promoted in the United States. Alexis de Tocqueville thought that American-style individuality would inevitably create a nation of bystanders. Individualism naturally leads to citizens who are disposed towards severing themselves from the rest of his fellow citizens, leaving society at-large to itself. This fear was also expressed by Puritan thinkers during colonial times (Sellers, 1984, p. 820).

Framed this way, the question is whether good samaritan laws can reverse this trend and redeem American individualism. Sellers suggests that they can, saying that there is a connection between everyone in a society and that those who ignore emergencies are not persons because they ignore this connection. This connection forms a part of each individual's sense of selfhood. Good samaritan legislation highlights this interconnection, making everyone in society aware of it and thus predisposed to act upon it (1984, p. 820).

Objections to imposing a duty to aid or rescue have usually been based upon practical considerations. Thus, there would be a question as to who was liable for providing aid, what amount and type of aid was required, how much risk the bystander should incur, and how much care he or she should exercise. In addition, there is always the problem of the common law rule that a rescuer must exercise a reasonable degree of care; bystanders who provide aid may face civil liability for doing so. As a result, courts and legislatures have been reluctant in imposing a general duty to aid those in need of emergency care (Rodriguez, 1985, pp. 501-503).

Several commentators have pointed out, however, that these practical objections to good samaritan laws do not have much support in fact. Thus, the real objections are moral ones. First, some claim that imposing a legal du...

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Good Samaritan Laws Introduction This paper wil. (1969, December 31). In LotsofEssays.com. Retrieved 04:01, March 29, 2024, from https://www.lotsofessays.com/viewpaper/1690580.html