Název diplomové práce, abstrakt a klíčová slova v anglickém jazyce Title: The crime of drunkenness under the section 360 of the Criminal Code and its current issues Abstract: The Thesis primarily deals with possible theoretical approaches to the crime of drunkenness in continental law and with its legal regulation de lege lata in the Czech Republic. Further, the constituent elements of drunkenness are analysed, and the concept of actio libera in causa is not forgotten either. The provision on the crime of drunkenness under the Czech Criminal Code is also compared to the provisions in other states that are territorially and historically close. The approach to the crime of drunkenness is then examined from historical point of view. Second part of the Thesis concentrates on the problematic of proving the crime of drunkenness in practice in criminal proceedings, with emhasis on the role of the expert opinion in relation to the assessment of insanity and on the process of detecting addictive substances in the body system of an accused. The thesis also contains an analysis of some judicial decisions in which courts of first instance dealt with the crime of drunkenness. Key words: crime of drunkenness, insanity, addictive substances, expert opinion

In Elizabeth Gaskell's 1855 short story, "Half a Life-Time Ago," Susan Dixon faces a difficult choice regarding her younger brother, who has gone insane after an illness: should she try to care for him at home or commit him to the nearby Lancaster Asylum? Although fictional, Susan's situation highlights an important Victorian debate about the care of the insane and the reformation of public asylums. This debate, and the changes enacted by nineteenth-century asylum reformers as a result of the cultural conversation, brought new attention to the relationship between the mind, the body, and the will as the concept of moral management as a method of treatment for the insane gained popularity. Dr. Samuel Gaskell, Commissioner in the English Lunacy Commission, Supervisor of the Lancaster Asylum, and Elizabeth's brother-in-law, dedicated his career to implementing the tenets of moral management in the institutions within his purview. For proponents like Dr. Gaskell, the moral management method of treatment restored dignity to patients by giving them the responsibility to bring themselves--through self-discipline, labor, and the exercise of will--back to sanity and thus back into the communities from which their illness excluded them. Many who supported asylum reform regarded moral management as a revolutionary tool with the power to restore happiness and peace to individuals, families, and institutions struggling to deal humanely with insanity. Susan Dixon's exploration of the parameters of moral management as a method of treatment for her bother, however, calls its effectiveness into question. Although Susan is an exemplary moral manager and diligently attempts to re-train her brother by utilizing the principles that Dr. Gaskell used to reform Lancaster Asylum, her implementation of moral management causes the destruction of the Dixon household and the physical, social, and mental disintegration of Susan herself. As Susan and her brother demonstrate in what might be regarded as Gaskell's fictional case study of her brother-in-law's beliefs, no amount of moral management can successfully treat insanity, and insisting that such a program might be undertaken by the insane--or by others on their behalf--is woefully miscalculated.

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This thesis, bearing the name "The crime of drunkenness according to § 360 of Act No. 40/2009Coll., Criminal Code" aims to analyse and understand deeper the crime of drunkenness in all its aspects. Initially, it deals with the historical kontext of this crime and the development of its conception through history to this day. The thesis also describes terms of diminished sanity and insanity as well as other terms related to the crime including the institute actio libera in causa in both of its forms. This crime is indeed an atypical one, whilst being one of the methods of dealing with illegal deeds committed by inflicted insanity. Such crime lies in the fact that the offender of an act otherwise criminal (one lacking an important sign of a crime) had, prior to such act, induced himself to a state of insanity by culpable consuming or applicating an addictive substance. Insanity as itself exclude criminal culpability of the offender, however not in cases hen offender self-inducing it by consuming or applicating an addictive substance, which makes the crime of drunkenness unique. No less interesting is that, in a way, the crime of drunkenness overcomes the principle nullum crimen sine culpa, or no crime without culpability, since it is composed of two separate actions, while culpability revers only to...

Rituals of Diagnosis argues that nineteenth-century America’s literary representations of madness and its diagnosis respond to interdisciplinary efforts at cultivating a national psychology. Uniting theological and philosophical traditions with medical speculation, mental health reformers from Benjamin Rush to Dorothea Dix linked the expansion of democracy with new vulnerabilities for madness. Theories about insanity thus hypothesized relationships between freedom and responsibility. I examine how America’s first psychological fictions contributed to this rich field of discussion. Taking up novels by Charles Brockden Brown, Robert Montgomery Bird, and Oliver Wendell Holmes that pivot around the investigation of madness, I examine how literary works from the Revolutionary Era to the Civil War dramatize interpretive processes that classify transgressive behavior. I argue that the grotesque subjects at the center of these investigations—Anglo-Americans who are likened to demons, animals, and “savage” racial others—indicate the provisionality of the period’s theories of mental illness and register anxieties about affiliation and responsibility that accompanied their development. This inquiry contributes to contemporary conversations about authority, desire, and the role of violence in the American imaginary, and argues that scientific speculation and literary experimentation collaborated in constructing this imaginary. While many have acknowledged that discourses of mental health participated in codifying social and political norms, I draw explicit attention to literary form as a site for examining the motivations that fuel these discourses by showing how their narrative trajectories put medical knowledge into conversation with sentimental ideologies. Examining how these novels conjoin problems of interpretive confusion with affective confusion, I explore how these mysteries destabilize the disembodied rationality central to the perch of objectivity that sustained white supremacist interrogations of racial and gendered others. The struggle to situate the locus of social unrest into psychological and ethnic others betrays an archive of fears and fantasies contained by diagnostic procedures. / text

A escrita desta dissertação foi agenciada privilegiando o encontro circunstancial entre campos teóricos distintos, na tentativa de articular a teoria e os conceitos à dimensão do acontecimento, da experiência. Para tanto, o trabalho apostou na aproximação ou na fusão entre arte e vida, em que proposições dadaístas e surrealistas foram contribuições significativas. As experiências da clínica, tratadas como ambientações, foram expostas em forma de narrativa, método que embasou esta pesquisa. Com inspiração em autores da psicanálise, da filosofia, das artes e da literatura, para este trabalho alguns autores tornaram-se pontos de apoio frequentes - Freud, Lacan, Guattari, Foucault, Benjamin e Lyotard, além de artistas e escritores. As questões propostas ou desenvolvidas nesta dissertação foram problematizadas a partir de uma perspectiva interdisciplinar, articulando conexões entre os ambientes clínicos e uma estética da existência. / The writing of this dissertation was based on the privilege of the circumstantial meeting among distinct theoretical fields in an attempt of articulation of theory and concepts, in view of the event and the experience. For this purpose, the task kept on the approach or the fusion between art and life in which the statements of dadaism and surrealism have made expressive contributions. The clinical experiences, considered settings, were exposed on narrative form that is the method on which this research was based. Inspired on authors from psychoanalysis, philosophy, arts, and literature, some of them have become constant supports for this research Freud, Lacan, Guattari, Foucault, Benjamin and Lyotard, besides artists and writers. The issues proposed or developed on this dissertation were problematized from an interdisciplinary perspective that surmises connections between the clinical environments and an aesthetics of existence.

Made available in DSpace on 2016-04-28T20:38:45Z (GMT). No. of bitstreams: 1 Josiane Cantos Machado.pdf: 5788385 bytes, checksum: 9377822738308f1cebd49e3fcf26f80c (MD5) Previous issue date: 2013-10-18 / This study presents an overview of the history of psychoanalysis in Brazil and its relationship with the nation‟s history of mental health and psychiatry. The objective is to investigate the influence exercised by psychoanalysis in the newly-established psychiatry and in the conception of mental health during the early decades in the 20th century. In order to accomplish the objective, I will analyze the early works by Brazilian psychiatrists who used the concepts of the Freudian doctrine to understand and promote mental health in our country, as well as a historical outline of the arrival and establishment of psychoanalysis in Brazil, taking the historical, political and social moment into account. The intention is, through these issues, to check how the diffusion of psychoanalysis took place in Brazil through medicine, and how it was perceived by these early professionals, not only the followers, but also its critics. The hypothesis is that psychoanalysis has been appropriated by psychiatrists as a novelty that could assist in the shaping of a Brazilian identity, providing an answer to questions related to race, education and the formation of a new ideal model of individual that would lead the country to the progress its seeks / A pesquisa apresenta um panorama da história da psicanálise no Brasil e a sua relação com a história da saúde mental e da psiquiatria no país. O objetivo é investigar qual foi a influência exercida pela psicanálise na recém-constituída psiquiatria e na concepção de saúde mental nas primeiras décadas do século XX. Para realizar o objetivo, farei uma análise das primeiras obras realizadas por psiquiatras brasileiros que utilizaram os conceitos da doutrina freudiana para compreender e promover a saúde mental em nosso país, além de um traçado histórico da chegada e instalação da psicanálise no Brasil, levando em consideração o momento histórico, político e social. A intenção é, através dessas questões, verificar como se deu a difusão da psicanálise no Brasil através da medicina e como ela foi vista por esses primeiros profissionais, não só os adeptos, mas também os críticos. A hipótese é de que a psicanálise tenha sido apropriada pelos psiquiatras como uma novidade que poderia auxiliar na formação de uma identidade brasileira, trazendo uma resposta a questões relacionadas à raça, educação e constituição de um novo modelo ideal de indivíduo que levaria o país ao tão buscado progresso

Lucy Snowe, the heroine of <i>Villette</i>, Charlotte Brontës final novel, is in constant conflict with the dichotomies of patriarchal culture. As she is perpetually torn between the opposing forces of patriarchy, Lucy Snowe inhabits what she calls her own <i>still shadow-world</i> (Brontë164). This thesis explains the nature of the intermediate space Lucy Snowe occupies and examines its repercussions on her mental state. Chapter One theorizes the effect of patriarchal dichotomies on Lucy Snowe to demonstrate that her mental conflict has its roots in the female experience of the opposition between nature and culture. Chapter Twos analysis of the nineteenth-century medical understanding of madness shows that Lucy Snowes melancholy is a symptom of the intermediacy created by conflicting patriarchal expectations. Chapter Three compares Lucy Snowe to the female figure in patriarchal master narratives, which draws attention to the serious consequences of patriarchal culture on women and demonstrates that Lucy is representative of women in conflict with patriarchal expectations. Ultimately, as part of Charlotte Brontës endeavor to represent truth rather than reality, Villette challenges patriarchal expectations of women and presents a different vision of womanhood.

Lucy Snowe, the heroine of <i>Villette</i>, Charlotte Brontës final novel, is in constant conflict with the dichotomies of patriarchal culture. As she is perpetually torn between the opposing forces of patriarchy, Lucy Snowe inhabits what she calls her own <i>still shadow-world</i> (Brontë164). This thesis explains the nature of the intermediate space Lucy Snowe occupies and examines its repercussions on her mental state. Chapter One theorizes the effect of patriarchal dichotomies on Lucy Snowe to demonstrate that her mental conflict has its roots in the female experience of the opposition between nature and culture. Chapter Twos analysis of the nineteenth-century medical understanding of madness shows that Lucy Snowes melancholy is a symptom of the intermediacy created by conflicting patriarchal expectations. Chapter Three compares Lucy Snowe to the female figure in patriarchal master narratives, which draws attention to the serious consequences of patriarchal culture on women and demonstrates that Lucy is representative of women in conflict with patriarchal expectations. Ultimately, as part of Charlotte Brontës endeavor to represent truth rather than reality, Villette challenges patriarchal expectations of women and presents a different vision of womanhood.

This quantitative exploratory study surveyed 64 South African clinical psychologists' opinions of the insanity defence. Clinical psychologists are increasingly becoming meaningful contributors to the judicial process in South Africa with regard to criminal incapacity. It is therefore considered important to canvas their opinions. To the author's knowledge this is the first research on psychologists' opinions of the defence in South Africa, possibly internationally. A standardized Likert scale developed by Skeem and Evans-DeCicco (2004) to gauge jury views on the insanity defence in the United States was used as the data collection tool. This research employed an overall correlational research design. Due to heterogenous variances the more liberal assumptions of non-parametric tests were used to extrapolate findings. The bulk of opinion rested in the moderate to ambivalent support ranges, with few strongly positive or negative opinions of the insanity defence. Significant results suggest that female psychologists, regardless of race, showed less support of the insanity defence than their male counterparts. Furthermore, those whose primary therapeutic orientation was psychodynamic had less support than those who practiced other modalities. However, a disappointingly small sample size and low reliability of the scale makes the generalisability of the results tentative, and thus further research is needed to verify these findings / Thesis (M.Soc.Sc.)-University of KwaZulu-Natal, Pietermaritzburg, 2007.