Teisės mаgistrо bаigiаmоjо dаrbо tikslаs – аtskleisti kаltės nustаtymо prоblemаtiką bylоse žmоgаus gyvybei ir sveikаtаi. Nustаtyti kаltę yrа gаnа sudėtingа, kаdаngi susiduriаmа su žmоgаus sąmоnėje vykstаnčiаis psichiniаis prоcesаis. Gаusi teismų prаktikоs аnаlizė pаdėjо аtskleisti, su kоkiаis sunkumаis teismаi dаžniаusiаi susiduriа, nustаtаnt vieną pаgrindinių subjektyviųjų pоžymių – kаltę. Pirmоje dаlyje аtskleistа kаltės sаmprаtа bаudžiаmоjоje teisėje, аprаšytоs mоkslinės kаltės teоrijоs, jų pаgrindiniаi skirtumаi ir pаnаšumаi. Аntrоje dаlyje išаnаlizuоti kаltės turiniо kriterijаi, kurie lemiа kаltės fоrmоs ir rūšies nustаtymą. Trečiоje dаlyje išnаgrinėtаs neаpibrėžtоs tyčiоs sаntykis su аlternаtyviа tyčiа, tiesiоgine аpibrėžtа tyčiа bei netiesiоgine tyčiа. Ketvirtоje dаlyje аptаriаmi pаgrindiniаi netiesiоginės tyčiоs ir nusikаlstаmо pаsitikėjimо аtribоjimо elementаi. Penktоje dаlyje įvertintа klаidоs įtаkа kаltei. Išnаgrinėjus bаudžiаmąsiаs bylаs, dаrytinа išvаdа, kаd teismаms ne visаdа pаvykdаvо tinkаmаi nustаtyti kаltės fоrmą ir rūšį. Teismаi dаrо klаidų, аtribоjаnt neаpibrėžtą tyčią nuо аpibrėžtоs, ypаtingаi kаi pаnаudоjаmаs žаlоjimui skirtаs įrаnkis, kuris sаvаime pаvоjingаs ne tik žmоgаus sveikаtаi, bet ir gyvybei. Tаipоgi, teismаi kаrtаis kоnstаtuоjа netiesiоginę tyčią kаltininkо veikоje vietоj neаpibrėžtоs tyčiоs, nоrs smūgių lоkаlizаcijа, intensyvumаs, skаičius, pаnаudоti įrаnkiаi аiškiаi rоdо neаpibrėžtоs tyčiоs buvimą, tik nоrimi sužаlоjimаi nebuvо detаlizuоti... [toliau žr. visą tekstą] / The purpоse оf the criminаl lаw mаster thesis is tо scrutinize the culpаbility аnd its determinаtiоn prоblems in cаses оf humаn life аnd heаlth. It is quite difficult tо determine the culpаbility becаuse it is encоuntered with mentаl prоcesses оf humаn brаin. The аnаlysis оf numerоus criminаl cаses helped tо reveаl the difficulties which аre fаced by cоurts when determining the mаin subjective element – the culpаbility. The cоncept оf culpаbility in criminаl lаw is reveаled in the first pаrt. The scientific theоries оf the culpаbility аre аlsо described in this pаrt, indicаting their mаin similаrities аnd differences. The culpаbility cоntent criteriа, which determine culpаbility’s fоrm аnd type, аre аnаlysed in the secоnd pаrt. The link between the undefined willfulness аnd the аlternаtive willfulness, direct willfulness аnd the indirect willfulness is investigаted in the third pаrt. The delimitаtiоn elements оf the indirect willfulness аnd criminаl reliаnce аre discussed in the fоurth pаrt. The mistаke аnd its influence tо the culpаbility аre reveаled in the fifth pаrt. The investigаtiоn оf criminаl cаses shоws thаt cоurts dо nоt аlwаys determine the right fоrm аnd type оf the culpаbility. Cоurts mаke mistаkes when delimitаting the undefined willfulness frоm the defined willfulness, especiаlly in thоse cаses where vаriоus tооls аre used which cаuse hаrm nоt оnly tо the humаn heаlth but аlsо tо the humаn life. Furthermоre, sоmetimes cоurts stаte the indirect willfulness... [to full text]

Em nossa leitura do diálogo Fédon, partiremos da análise dos motivos que Sócrates apresenta para não temer a morte, os quais se baseiam no discurso acerca da natureza da alma, para analisar os indícios que a racionalidade, mais precisamente a phronesis, oferece acerca dos limites entre o domínio supra-sensível e o domínio da vida humana. Tal reflexo, ao mesmo tempo em que denuncia sua natureza e orienta o homem verso ao exercício de filosofar, dá indicações acerca das limitações do intelecto para dizer sobre esse domínio, distinto do domínio da sensibilidade. Verificaremos a colaboração da phronesis na elaboração do discurso sobre a imortalidade, o qual justifica o destemor da morte, e os vários sentidos em que podemos compreendê-la no diálogo. / In our searching of the dialogue Phaedo, we will start by analyzing the reasons that Socrates presents to not fear death, wich are based on discourse about the nature of the soul, to examine the evidence that rationality, specifically the phronesis, offers about the boundaries between the area of the super-sensitive and the human life´s area. Such reflection, while denouncing their nature and guides the man towards to the exercise of philosophy, also provides at same time references about the limitations of the intellect to say about this area, distinct of the area of sensitivity. We will check the collaboration of phronesis in the development of the discourse on immortality, wich justifies the fearlessness of the death, and the various ways in which we can understand it in dialogue.

This thesis answers the question how big is the negative externality associated with driving under the influence of alcohol in crowns per kilometer driven by the driver with alcohol in blood. The calculation includes the economic consequences of accidents, specifically, loss of production, the cost of health care, administration and social expenditures, included are also the values of lost human lives and values for heavy and light injuries. Calculation of externality is used to determine the fine that internalizes this externality.

The thesis deals with the dilemma of the believer and the position of the Catholic Church on assisted reproduction. It describes the origins of human life, reflections on its origins, and mentions the need for its protection and the preservation of dignity, as well as referring to the Church's view of its creation in marriage. It points out the issue of infertility and possible ways of its solution, including assisted reproduction. There is emphasized the rejection of the Catholic Church's assisted reproduction and its thorough explanation from the churches of the documents. The final chapter offers possible solutions to fulfilling the desire for a child that are morally acceptable, including both the methods of natural parenting planning and the possibility of alternative family care but also the accepting the fact of childlessness.

Crime of murder under section 140 of the criminal code: criminal law, criminological and criminalistic aspects Abstract This thesis is intended to provide the reader with a comprehensive overview of the crime phenomenon of murder not only from a criminal law point of view, but also from a criminological and criminalistic point of view. Before the analysis of the actual questions is first described the history of the legal regulation of murders in the territory of nowadays Czech Republic, as the outline of the development and approach to punishment of murders in history serves to better understand the form of the present arrangement and its meaning. Subsequently, the term human life is described, in which it is important to define its beginning and end, as it is highlighted that it is the object of the murder crime and the most important criminal code protected by the interest. After that, the issue of the crime of murder from the point of view of criminal law is already addressed, especially by its inclusion within the system of intentional killing, which is contained in the current Criminal Code. At the beginning, the elements of a crime of murder are characterized and typified. Then the space is given to analysis the types of murders and their features as they are defined in § 140 of the Criminal Code....

Submitted by Maicon Juliano Schmidt (maicons) on 2015-04-28T17:49:44Z No. of bitstreams: 1 Cíntia Pavani Motta Rocha.pdf: 2143957 bytes, checksum: a39c6afb16de8c40eab2fc47d70b93cb (MD5) / Made available in DSpace on 2015-04-28T17:49:44Z (GMT). No. of bitstreams: 1 Cíntia Pavani Motta Rocha.pdf: 2143957 bytes, checksum: a39c6afb16de8c40eab2fc47d70b93cb (MD5) Previous issue date: 2013-10-30 / UNISINOS - Universidade do Vale do Rio dos Sinos / O modelo atual da sociedade que interfere diretamente no Direito, leva a reflexões à respeito de como o poder se estabelece em relação à vida humana. Para esta análise busca-se desenvolver uma abordagem a partir dos conceitos de biopolítica e biopoder, adequando-os a realidade jurídica brasileira. A Ação Direta de Inconstitucionalidade n.º 3510, que colocou em pauta o uso de células-tronco embrionárias humanas para pesquisa, foi escolhida para demostrar como os poderes são exercidos e legitimados pela ação humana. Caberá demostrar como o Direito surge como um dispositivo legitimador do poder normatizador. O conflito existente entre o que pode ser considerado vida humana ou mera vida são debatidos ao longo do presente trabalho, que destaca a importância da compreensão do ser para a determinação do que pode ou não ser considerado como ser humano. E, além disso, pretende-se compreender como esses conceitos passam a fazer parte da sociedade e diretamente influenciando as decisões judiciais no país. / The current model of society that interferes directly in the law, leads to reflections about how the power is drawn in relation to human life. For this analysis we sought to develop an approach based on the concepts of biopolitics and biopower in brazilian legal reality. The Direct Action of Unconstitutionality nº. 3510, which put in question the use of human embryonic stem cell research, was chosen to demonstrate how the powers are exercised and legitimized by human action. It will be demonstrate how law arises as a legitimating device of normalizing power. The conflict between what can be considered human life or mere life are discussed throughout this work, which highlights the importance of understanding the being to determine what may or may not be considered as a human being. And furthermore, how these concepts become part of society and directly influencing judicial decisions in the country.

While biological scientists justify their research into human genetic engineering on the grounds of its 'therapeutic' potential, art - particularly the genre of science fiction (whose origins can be traced to Mary Shelly's famous tale, Frankenstein) - has acted on the social through culture to alert us to the perilous repercussions of usurping the role of the 'Creator of Life.' Now, at the dawn of the new millennium, the scientific project of mapping human DNA seemingly complete, the plight of the genetically-engineered human has become an intense focus of cultural critique. This doctoral project can be differentiated by its focus on aesthetic inquiry into the implications for expressions and representations of corporeality in relation to contemporary biomedical engineering. It has incorporated stem cell research that entails the manipulation and redirection of adult stem cell fates. The project takes the form of practical and theoretical investigations into cellular responses, and is framed within the matrices of both an innovative collaborative art/science research model and the evolving process of practice-led arts research. The exploratory research is discursively located within the system/environment paradigm. This allows for boundaries between the philosophic and scientific disciplines of: 1. epistemology, 2. ethics and aesthetics and 3. biology and technology to become nodes in a relational network associated with: 1. living and non-living, 2. sentience and consciousness and 3. conceptions of humanness. The cycle of practice-led research culminates in a body of work that began with a project entitled apoptosis, and developed into a three part quasi-scientific vital force series of installations. Each of these installations references nineteenth century scientific experimental processes employed in a search for the essential components of the human being itself. The series of interactive installations is discussed and the processual, pioneering research model, whereby the artist becomes the 'human guinea pig' is theoretically and visually articulated. In addition, time-lapse videomicrograph image data, collected through laboratory experiments is interpreted and recontextualised by the artist-researcher for representation in the vital force series of immersive installations. In these installations the implications of the issues raised by biomedical engineering processes are expressed as a very physical, tactile encounter. The aim is that these encounters engender a multi-sensory experience for the individual viewer, who, when immersed in the aesthetic, corporeal, interactive installations as a participant who completes the work through their engagement. Thus, the significance of the study lies in its re-privileging of the aesthetic experience of corporeality in the discourses surrounding genetic manipulation. This exegesis, like the doctoral project itself, is cyclical; following the inseparable processes of theory and practice through which the implications of the core research issues for a hybrid art/science practice are explored. It echoes the qualitative, post-positivist research methodology used throughout the project, which aimed to overcome the third person perspective through such strategies as interactivity and hybridity.

This work is a study of the day to day experiences of older people in receipt of in-home care, the experiences of their family carers, and of their careworkers, resulting in a hypothesis about the structure of the lifecycle towards the end of life, and a consideration of both structured transition and individual transitions to and within this life stage. It has taken off from Laslett�s (1989,1996) seminal work on age divisions, into Third and Fourth Ages. Through an initial examination of secondary sources, I have hypothesized that the older people in this care bracket are in fact in a new life stage, between that of the independent Third Age and the dependent Fourth Age. I call this life stage the stage of 'Supported Independence'. Further references to the secondary sources, and references to the data, have supported this hypothesis, and have shown that there is a structured transition from the stage of independence to that of supported independence. The value of building such a life stage lies in the ability we then have to emphasize the situation of in-home care, bringing to prominence the experiences of the three stakeholders in this care environment. I have used the rites of passage concept to make known the issues involving the move from independence to dependence and those issues predominant in receiving in-home care, in being the carer at such a time, and in being the careworker within the invisibility of home. This has shown a formalized separation from the independent identity, and a prolonged stage of liminality because of an often uncertain form of service delivery. In this liminal stage also are revealed the emotions of living at home with a disability and with care, the improvisatory practices, the passivity and the assertiveness of this time of ageing. By applying this concept also to the family carers, I show the movement of families into and through the caring role, the joy of caring and the difficulties of taking responsibility without authority. I have shown carers� own improvisatory practices, and their determination to maintain the care recipient at home as long as possible. For the careworker, the rites of passage concept shows how she (and the careworker participants in this study are all women), can act to either maintain the liminal position of the recipients or assist in their reconnection to greater autonomy. Exploring the careworkers� own positions by means of the rites of passage concept highlights their inter-structural position between the public and private sectors, and highlights too, the care industry�s position, between that of a time managed industry and a recipient-directed industry. Whether this can be regarded as liminal depends on the philosophies of care adopted by the industry. In summary, the study examines the significance of the place of care, challenging the dominant ideology that home is best, and putting forward for consideration principles of care for other models of service delivery.

Dissertation (Ph.D.)--The University of North Carolina at Greensboro, 2008. / Directed by Anita Tesh; submitted to the School of Nursing. Title from PDF t.p. (viewed Jan. 28, 2010). Includes bibliographical references (p. 119-130).

This work is a study of the day to day experiences of older people in receipt of in-home care, the experiences of their family carers, and of their careworkers, resulting in a hypothesis about the structure of the lifecycle towards the end of life, and a consideration of both structured transition and individual transitions to and within this life stage. It has taken off from Laslett�s (1989,1996) seminal work on age divisions, into Third and Fourth Ages. Through an initial examination of secondary sources, I have hypothesized that the older people in this care bracket are in fact in a new life stage, between that of the independent Third Age and the dependent Fourth Age. I call this life stage the stage of 'Supported Independence'. Further references to the secondary sources, and references to the data, have supported this hypothesis, and have shown that there is a structured transition from the stage of independence to that of supported independence. The value of building such a life stage lies in the ability we then have to emphasize the situation of in-home care, bringing to prominence the experiences of the three stakeholders in this care environment. I have used the rites of passage concept to make known the issues involving the move from independence to dependence and those issues predominant in receiving in-home care, in being the carer at such a time, and in being the careworker within the invisibility of home. This has shown a formalized separation from the independent identity, and a prolonged stage of liminality because of an often uncertain form of service delivery. In this liminal stage also are revealed the emotions of living at home with a disability and with care, the improvisatory practices, the passivity and the assertiveness of this time of ageing. By applying this concept also to the family carers, I show the movement of families into and through the caring role, the joy of caring and the difficulties of taking responsibility without authority. I have shown carers� own improvisatory practices, and their determination to maintain the care recipient at home as long as possible. For the careworker, the rites of passage concept shows how she (and the careworker participants in this study are all women), can act to either maintain the liminal position of the recipients or assist in their reconnection to greater autonomy. Exploring the careworkers� own positions by means of the rites of passage concept highlights their inter-structural position between the public and private sectors, and highlights too, the care industry�s position, between that of a time managed industry and a recipient-directed industry. Whether this can be regarded as liminal depends on the philosophies of care adopted by the industry. In summary, the study examines the significance of the place of care, challenging the dominant ideology that home is best, and putting forward for consideration principles of care for other models of service delivery.