Critically discuss this statement, indicating to what extent you agree Essay

Critically discuss this statement, indicating to what extent you agree with it - Essay Example Firstly, there should be a distinction on what is accepted as perception. In this case, the law should clearly define what would qualify as a perception which may warrant compensation. The second issue concerns what would be deemed as a liability arising from the damage. In this case, there should be limits which are spelled out in regards to liability. The third aspect of the law entails what is known as the threshold which concerns the recovery made as a result of a claim or legal suit. The following discourse seeks to prove that the sentiments by Lord Oliver are true. The law on psychiatric damage is paradoxical. It seeks to protect the victim while at the same time puts caution on the kind of claim that can be sought by the victim. The objective of the law is to accord justice to all people irrespective of creed or personal influence1. The law carefully outlines what ‘damage’ in case of psychiatric pain is. The damage defined by the law states that is should not have been inflicted by a physical pain. This implies that for one to be eligible for consideration of a claim for any form of psychiatric damage, it should not be a physical injury. This is the paradox that surrounds the law on negligence in relation to causes of psychiatric damage. Such a situation evokes different reactions from law and policy makers. In fact, it makes one understand the sentiments, ‘I cannot, for my part, regard the present state of the law as either entirely satisfactory or as logically defensible’ (Alcock and Others v Chief Constable of the South Yorkshire Police [1992] PIQR 1, 26. When it comes to negligence that leads to medical conditions, the law is a bit clear. However, when it comes to psychiatric damage, the law tends to be a bit ambiguous. For instance, the law defines forms of injury as those that can be proven medically. However, in technical terms, a mental damage can be so abstract to even have a medical proof. The human psychology is a