409 / 736
Ltd. from passing
off
an hotel they are opening in
Cromwell Road, S.W., in July as the plaintiff's business
by the use of the name London International Hotel or
any other name so nearly resembling it as to be calculated
to deceive the public.
Ungoed, Thomas J. held that "international" was a
descriptive word in which the plaintiffs had failed to
establish any secondary meaning distinctive of their
business, affording them any proprietary right in the
name.
Park Court Hotel Ltd. v. Trans-World Hotels Ltd.,
144 S.J., 166.
THE PROFESSIONS IN IRELAND
A reply to Professor Kaim-Caudle
As I understand Professor Kaim-Caudle's article
on the Professions, he contends
(a) the professions must increase their efficiency
in the interests of increased productivity,
(b) restrictive practices designed to ensure stan
dards, in particular, fixed levels of remuneration,
eliminate competition and perpetuate inefficiency.
The Professor comments upon professional
incomes, but no proof or information is offered
to suggest that the level of professional
earnings
in Ireland is unduly high compared with other
sectors of the community. The only comparison
made is between the income of
salaried
profes
sional staff in Ireland and in the United Kingdom,
and the only example quoted is that of teachers.
If the scale given by the Professor for teachers in
the United Kingdom is correct, it is not surprising
that our scale is somewhat better. No mention is
made of the income of private practitioners. But
even if the Professor is correct in saying that
relative
salaries
in local government and the civil
service give the edge to the Irish public servant,
this is not altogether surprising. Speaking from my
own experience, I would expect it to be so. Pro
fessional services rendered to a public authority,
whether in Ireland or in the United Kingdom, are
much the same in nature and complexity. The
knowledge and skill required to deal with the
respective problems will not differ essentially.
What does differ is size. Thus, for similar authori-
tities in Ireland and in the United Kingdom, the
same kind of work will be done in Ireland by a
much smaller professional work-force with each
member performing a wider range of function and
discharging a higher degree of responsibility.
Professor Kaim-Caudle says little about the
functions of the professions, but first things must
come first, and if we are to avoid misunderstand
ing, which is after all the basis of most unresolved
controversy, we ought to have, at the outset, a clear
picture of what a profession is and does. Whilst
I have little doubt that the Professor is not himself
lacking in this awareness, I have found that most
of the criticism of the professions stems from
failure to understand their place and function in
society. For this, the professions must themselves
accept much of the blame. Public relations have
not heretofore been their special concern. It is
important, however, that when it is contended that
the assessment of contribution and reward of
professional occupations should be thrown into
the vortex of tensions affecting the business world,
we should be clear as to what the professions do
and how they do it. It is also relevant to examine
the terms " productivity " and " competition ".
Dealing first with the professions, I cannot, in
the compass of a short article, do more than state
their attributes in sharp outline.
The professions, as do other organs of society,
exist for the end which society serves, the promo
tion of individual human welfare.
Their field of operation lies mainly in the areas
of health, the protection and enforcement of rights
and the use and development of property.
They serve individual people or groups of
people—the organisation, the institution or the
corporation.
The function they perform is a service to
others for the good of those others as the latter
perceive that good—advice given is not always
taken.
The performance is participation in the solution
of another's problem by way of advice, and, if
required, by action implementing that advice.
The scope of the service may be interpersonal,
social or public. The resource is equipped man
power.
The equipment is knowledge continuously gained
throughout the entire of a professional career in a
department of learning or science and directed by
a trained habit of mind and disciplined thought.
The skill is the practice of an art, adapting
theory to fact, founded on knowledge and experi
ence. Professional training commences before
engagement in any paid activity ; a large invest
ment in the acquisition of knowledge is incurred.
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