A JURIDICAL-ADMINISTRATIVE COMPARISON BETWEEN THE MILITARY AND THE MEDICAL OPERATION

Authors: Georgel Rusu

Abstract:

To bring together the word operation and opera and/or accomplishing an opera is not at all improper. Defining a (military) operation as the total amount of the military actions performed by large operative and strategic units, according to an unique plan, for attaining an operative or strategic objective….[1], coldly and exhaustively developed along almost two pages, may provide sufficient arguments for correctly anchoring the action within the domain of military practice, in spite of the shortcoming of not having a more synthetic form, with valid landmarks for other disciplines, as well. Frequently, both the medical and the military operations exceed their routine, deserving artistic appreciations. It is not accidental that analysis and preparation of any military combat includes the field of military art, defined as a compounding part of the military science, a specialized domain of organization and management of armed conflicts. It includes both the principles, methods, procedures and rules for the preparation and development of military actions, and the personal endowments (talent, mastership, skill) expected from the part of leaders and troops for attaining success in the battle…[2] More than that, the operative art is defined as a component of military art … created and developed as an intermediary domain between strategy and tactics…[3]. Continuing to lay stress on the parallelism to which the study is devoted, the author considers that actions that may be related to or may be appreciated as possessing artistic characteristics occur even beyond the field of aesthetic or reparatory surgery. The definitions provided by medical dictionaries do not eliminate, yet encourage similarities. The operation is s.f./operation, (Lat. operatio, -onis = work, operation, derived from operari = to work, and opus, operis = labour, work), a medical act performed by the surgeon with his hands, by means of adequate instruments, for the surgical treatment of various maladies. See also term procedure def. 1[4] Further on, no matter how different as to its scope and method, the activity defined as operation, performed by the surgeon, comparatively with that of a military commander, with the rights and responsibilities conferred to their performers, may be compared in several ways. Apart from the fact that the action or inaction of the physician/commander may produce dead or mutilated/blessed persons, etc., a series of other factors permit and impose such a parallel approach. Actions are similar in several states, while the more and more rapid globalization and affiliation to some international cooperation organisms (European Union, NATO, etc.) necessarily require normative arrangements which define a superior set of values of modern civilization [5].

Keywords:
  • juridical and administrative aspects
  • medical operation
  • military operation
  • operative art