Schwarzmann-Schafhauser D
Institut für Geschichte der Medizin, Universität Würzburg.
Sudhoffs Arch. 1998;82(1):52-73.
Various technical professions such as orthopedics and dentistry were introduced into the universities of Bavaria in the early 19th Century. The representatives of these professions were craftsmen who first had to legally become "doctors" before they could regularly take part in specialized treatment technology and firmly establish their originally technical discipline in an academic setting. A case study is used to paradigmatically illustrate how this course of developments subsequent to the Bavarian Medical Reform of 1808, which was intended to bridge all gaps for these marginal professions, ever became possible and to describe the role of the State in the establishment of technical specialties. It turned out that some of the newly formed fields that were formerly specialized technical trades did not fit into the rigid medical legislative system. This led to great uncertainty about various legal positions in the sector where medical and police regulations did not apply. In this "unlegislated sector", government jurists--not medical boards--made decisions regarding the further development of the new specialty. Economics and public health policies became important factors in view of the demand for services in the new specialty field. This created more freedom of action for "technical" medical specialties that were in great demand.
19世纪初,诸如骨科和牙科等各种技术专业被引入巴伐利亚的大学。这些专业的代表都是工匠,他们首先必须依法成为“医生”,才能定期参与专业治疗技术,并在学术环境中稳固确立其原本的技术学科。本文通过一个案例研究,示范性地阐明了1808年巴伐利亚医疗改革后旨在弥补这些边缘专业所有差距的这一发展历程是如何成为可能的,并描述了国家在技术专业确立过程中所起的作用。结果表明,一些以前是专门技术行业的新形成领域并不适合严格的医学立法体系。这导致在医疗和警察法规不适用的该领域,各种法律地位存在很大的不确定性。在这个“未立法领域”,是政府法学家而非医学委员会就新专业的进一步发展做出决策。鉴于新专业领域对服务的需求,经济学和公共卫生政策成为重要因素。这为需求旺盛的“技术型”医学专业创造了更多行动自由。