The synoptic gospels of Matthew, Mark and Luke are commonly regarded as biographical in nature in their presentation of the life and teachings of Jesus. The gospels of Matthew and Luke report that Jesus was born a Hebrew among Hebrews, raised as a Jew within the Jewish nation, and functioned a first century Rabbi in a completely Jewish context during which time he started his own movement called the kingdom of heaven. The Rabbis of that day commonly enlisted a group of followers or disciples. The combination of a Rabbi and his students constituted an academy. Two schools or academies existed during the time of Jesus and were contemporary with him, the school of Shammai and the school of Hillel. The Babylonian Talmud dating from 500 C.E. records exactly three hundred and sixteen legal controversies between these two schools. Legal disputes between Jesus and representatives of one or the other existing schools of thought are recorded in the synoptic gospels. Each record clearly identifies the subject under dispute and the positions of the disputing parties. Nevertheless, the incomplete information provided in the synoptic gospels is not sufficient to allow readers to understand the dispute at hand. For example, a group of unidentified Pharisees approach Jesus with a specific question regarding the legalities of divorce. They ask the following question: "Is it lawful to divorce one's wife for any cause (Matthew 19:3)?" This question can raise these questions in the readers minds: Why was this question presented to Jesus? What is the background of this legality? What is the actual law regarding this matter? Is this an unresolved issue? Who are the parties involved in resolving this issue? Is there more detailed information regarding this issue? Ancient Jewish sources provide answers to all of these questions. This dissertation provides the material lacking in the synoptic gospels to enable one to understand the controversy and Jesus' interpretation. This will be accomplished through use of Jewish sources that provide the details of the disputes recorded in the synoptic gospels as well as identifying the various parties involved. Behind the process of presenting background information in this dissertation lies the premise that any study of the life and teachings of Jesus performed without consulting ancient Jewish sources will result in confusion and misunderstanding. This dissertation highlights information relating to these controversies that is lacking in the synoptic gospels and will enable the reader to understand the nature of the controversy and Jesus' conclusions. / text

目前在台灣，專科護理師參與醫療處置過程的一部分已經是一個必然的趨勢。雖然目前已針對專科護理師相關的法規做了修正，但是在實務上還是有許多需要克服的問題。修法後雖然對專科護理師的執業範圍包含非侵入性和侵入性醫療行為有了較明確的規範，專科護理師臨床執業面臨的困境還是存在。出現醫療爭議時，醫師、專科護理師、其他醫事人員及醫院的法律責任仍然有許多模糊地帶。專科護理師相關法規修法後，衛生局及醫療機構之因應準備仍有改善的空間。 本研究採用案例分析法依照案例事實、法院見解和爭點問題，討論一個發生在民國95年12月有關專科護理師與醫師的醫療爭議訴訟案件。本醫療糾紛個案是台灣專科護理師正式甄審後，發生的第一件專科護理師被起訴的醫療糾紛案件。 被告因業務過失致死案件，經檢察官提起公訴判決主文如下：主治醫師從事業務之人，因業務上之過失致人於死，處有期徒刑壹年，減為有期徒刑陸月，緩刑貳年。專科護理師從事業務之人，因業務上之過失致人於死，處有期徒刑陸月，減為有期徒刑參月，緩刑貳年。本案例經由臺灣臺北地方法院刑事判決98年度醫訴字第6號，臺灣高等法院刑事判決民國100年度醫上訴字第7號，目前檢察官上訴中。 台灣專科護理師法規未來修正的方向，需更進一步明訂專科護理師的執業範圍以符合法律明確性原則。醫師指示合法化，使醫療輔助行為之定義更明確。建立專科護理師專業能力標準與提升及評估專科護理師執業品質，加強專科護理師的訓練以及訂立專科護理師訓練醫院更完善的認證標準與訓練醫院評鑑制度。有關衛生福利部最近要制定的醫師助理法，其工作範圍與專科護理師有很多重疊之處，引進醫師助理可能造成的衝擊。制定合理的專科護理師的護病比，明定專科護理師是否可以值班?專科護理師是否可以採輪班，以符合勞基法一例一休的規定。我們仍然有很多可以改善的地方，希望有更明確的法律規範，讓合格的專科護理師加入醫療團隊的運作，提高專科護理師的專業能力藉以提升醫療服務品質。不要讓專科護理師面臨或甚至觸法的危險，最終有可能變成密醫，對於台灣的醫療會有很大的衝擊及影響。 / The participation of nurse practitioners in medical practice is a must in Taiwan now. Although amendment of law about the clinical practice for nurse practitioners was made, there are still some issues which should be further evaluated. The scope of medical practice for nurse practitioners includes invasive and non-invasive medical procedures, which were defined more clearly in the revised articles, but some ambiguous situations still persist. The juridical responsibility of doctors and nurse practitioners for medical disputes remains unclear. There is lots of space of improvement which bureau of Health and hospitals can do after the revision of related law for nurse practitioners. The method of this research is a case study including case facts, the decision of the court and the issue of disputes. This is a medical dispute regarding doctors and a nurse practitioner, which occurred in December, 2006.This is the first medical dispute happening in Taiwan after the establishment of official examination for nurse practitioners. The defendants were accused for guilty because of causing death of a patient due to professional negligence. The verdict of the superior criminal court in Taiwan in 2011 after public prosecution was as follows. The attending physician was sentenced for one year, reduced to six months and probated for 2 years because of causing death of a patient due to professional negligence. The nurse practitioner was sentenced for six months, reduced to three months and probated for 2 years because of causing death of a patient due to professional negligence. The future amendment for the law regarding nurse practitioners is as follows: first, to enact the specific scope of medical practice for nurse practitioners according to the law; second, to legalize the directions from doctors; third, to specify the definition of assisted medical practice performed by nurse practitioners; fourth, to establish the standard for evaluating the ability of nurse practitioners; fifth, to elevate and evaluate the quality of medical service from nurse practitioners; sixth, how to strengthen the training programs of nurse practitioners, to build the verification standard of hospitals which can train nurse practitioners and improve the system of accreditation; seventh, to create rational ratio of nurse practitioners to patients; eighth, to clarify whether nurse practitioners can be on duty and in shifts in the hospital according to the law. In addition, the impact for nurse practitioners by introducing physician assistant to medical service suggested by Bureau of Health is high because there is lots of overlap of medical practice between the two professionals. We hope that the participation of verified nurse practitioners under the regulation of specific law can improve the quality of medical service, otherwise, we are afraid that nurse practitioners may break the law, become fake doctors and be sentenced, which will cause great impact and bad influence of medical service in Taiwan.

Family mediation as a method of resolving family disputes Family disputes rank among the most mentally and emotionally demanding. Despite that they can be resolved in a cultivated manner through an intermediate. A mediator does not decide the dispute on behalf of the parties but he/she can help them to find their own solution acceptable for all the involved parties. The theoretical part of the thesis outlines the conflict as a subject matter of the mediation. It also describes mediation as a form of negotiation. One part of the thesis is dedicated to the person of the mediator and his/her role and competence in the mediation process. Further, the thesis deals with the process and forms of mediation. The theoretical part also contains a characterization of mediation in family conflicts and it describes objectives of family mediation, its advantages and limitations. It also describes the tasks of the mediator in a divorce procedure and the legal regulation of family mediation. The thesis also deals with children in parental legal disputes and with the importance of a family for a child. The objective of the practical part was to determine how mediation, as a method of resolving divorce disputes, is viewed by workers in charge of social and legal protection of children operating in the South Bohemian region and to determine to what extent the respective social workers are familiar with mediation. In order to obtain comprehensive information about the divorce mediation, we also approached mediators involved in this type of disputes. One of the objectives of the thesis was to determine how the mediators view divorce mediation in the South Bohemian region. Last but not least, I was interested in mutual cooperation between the two involved entities. The purpose of the conducted interviews was to find out whether there are any obstacles which prevent the development of divorce mediation and its more frequent use in the South Bohemian region. Main object, by having answered partial questions, was to describe the potencial of divorce mediation and its real usage in the South Bohemian region. In order to obtain the necessary data we used a qualitative research. As a technique to collect the qualitative data we used semi-structured interviews with open questions. The respondents {--} workers of social and legal protection of children - were asked previously defined circles of questions which focused on a mediation method in general, mediator´s working post, divorce mediation and questions focusing on cooperation with mediators specialized in divorce mediation. The first three circles of questions were identical also for the interviewed mediators. The latter were additionally asked questions about the introduction of divorce mediation and availability of the method. Interviews were recorded on a dictaphone and subsequently converted into a written form. Before the beginning of the interview each interviewed person was assured that the interview was anonymous and no names or workplaces were recorded. For the purposes of a qualitative research we approached seven workers of the authority in charge of social and legal protection of children at workplaces in Písek, České Budějovice, Strakonice and Milevsko. For the purposes of research we also interviewed four mediators dealing with family (divorce) mediation in the South Bohemian region. The results of the thesis may improve the awareness of the discussed issues. The thesis may also serve as a pilot project for a more extensive research.

Cette étude aborde la problématique de la participation des personnes morales de droit public à l’arbitrage à l’occasion des litiges relatifs aux relations qu’elles entretiennent avec les personnes privées étrangères. Par opportunisme économique, un certain nombre de pays développés et en développement se montrent tout à fait favorables à ce que l’État se soumette au contentieux arbitral. Dans d’autres pays, tels qu’en Amérique latine et dans le monde arabe, il se manifeste des tendances nettement hostiles gravitant entre l’interdiction totale et une adhésion conditionnelle de l’État à l’arbitrage. Deux écoles s’affrontent, celle des privatistes qui considèrent l’arbitre international comme le juge naturel du milieu des affaires, face à celle des étatistes qui postulent que les juridictions étatiques demeurent les seules habiles à connaitre souverainement des litiges opposants les personnes publiques à leur interlocuteur privé. Les raisons qui sous-tendent l’assouplissement de certains gouvernements vers un élan libéral de l’arbitrage en droit public, résultent du phénomène globalisant de l’économie qui tend à réduire à néant les règles internes des États dans le cadre du nouvel ordre économique mondial. Par contre, les conséquences sociales, financières et juridiques des sentences arbitrales portent certains gouvernements à adopter une position réfractaire à l’arbitrage mettant en cause les entités publiques. Ils brandissent le droit à l’autodétermination des peuples pour éviter le bradage de leurs ressources au détriment des droits économiques, sociaux et culturels de leurs populations, et ce, en dépit du fait que l’investissement direct étranger joue un rôle considérable dans le développement des pays en émergence. Notre défi ultime dans ce travail est d’explorer les diverses avenues permettant d’atteindre un juste équilibre entre les intérêts publics et la protection des investissements privés. Ceci exige un changement de paradigme qui prendra en compte les dimensions plurielles que constitue le contentieux investisseurs-États. / This study investigates the difficulties that arise when legal disputes between public bodies and foreign private entities are resolved through arbitration. For economic expediency, some Western states and developing countries are quite open to the idea of resolving legal disputes by submitting to arbitration proceedings. Other countries, such as Latin America and the Arab world, have a clearly hostile approach to state participation in arbitration proceedings, ranging from total prohibition to conditional submission. There is a clash between two schools of thought: the privatist approach that considers international arbitration to be the business community’s natural forum, as opposed to the statist approach according to which only state courts are qualified to consider legal disputes between public bodies and private entities. The underlying reasons for the increased flexibility of certain governments in favor of a liberal move towards public law arbitration are a result of the globalizing effect of the economy, which tends to decimate domestic state laws within the framework of the new global economic order. On the other hand, the social, financial and legal consequences of arbitration awards render some governments resistant to arbitration involving public entities. They brandish the right to self-determination of peoples to guard against the depletion of their resources to the detriment of the economic, social and cultural rights of their populations. This is despite the fact that foreign direct investment plays a considerable role in the development of emerging countries. The ultimate aim of this study is to explore different avenues for striking a fair balance between public interests and the protection of private investments. This requires a paradigmatic change so as to take into account the multiple dimensions of legal disputes between the state and investors.