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論醫療代理人制度─以同志伴侶之需求為核心 / A Study on Durable Power of Attorney for Health Care—Focusing on the Needs of Same-Sex Couples林芳伃, Lin, Fang Yu Unknown Date (has links)
隨著醫學科技的進步,越來越多病患無法自主進行醫療決定的情況發生。西方國家受病人自主權的概念啟發,發展出預立醫囑(living will)及醫療代理人制度(durable power of attorney for health care)。醫療代理人制度提供個人預先指定醫療代理人,當事人無法自主做出醫療決定時,可由醫療代理人代替當事人作出醫療決定,以補足無預立醫囑或預立醫囑的不足。
我國同志伴侶於目前仍缺乏法律上的實質身分保障,伴侶相關的醫療權利正迫切且無預警的影響許多打算共組家庭而無法受法律上的婚姻制度保障的同志伴侶。雖有論者認為,可適用醫療法上「關係人」以及安寧緩和醫療條例之「醫療委任代理人」,即可滿足同志伴侶於醫療上的需求。然由於關係人的定義模糊,且實務上為避免醫療糾紛,往往要求病患的親屬到場,而不接受其他不具配偶、親屬身分關係者進行醫療行為的同意,「關係人」一詞於實務上難以適用。
本文試圖從醫療代理人制度的角度,期能另闢蹊徑,除強化並保障病人自主權外,提供同志伴侶在與生死攸關的醫療議題上更可能且直接的保障,也為不論是同志或其他愛的關係尋求更多可能,提供在婚姻以外的選擇能有更多彈性。本文除了介紹西方的醫療代理人制度並借鏡美國同志伴侶使用醫療代理人制度的經驗外,也探討醫療代理人制度對於我國家庭觀念、傳統醫療上家屬父權主義以及家庭中心式的醫療決策文化的影響與衝擊。同時更深入討論,同志伴侶必須面臨來自醫療院所、醫護人員對於同志是否友善;以及來自病患原生家庭對於醫療代理人及同志身分的壓力。 / With the advances in medical technology, the situation that patients couldn't determine their medical decisions increasingly occurs in our society. Inspired by the concept of patient autonomy, Western countries developed living will and durable power of attorney for health care, which is as known as health care proxy. Individuals can appoint a trustworthy person as their health care proxy. When the patient is incompetent, the health care proxy can make medical decisions for the patient to complete the inadequacy of living will.
Same-sex couples can’t make medical decisions for their same-sex partners because same-sex marriage is currently illegal in Taiwan. Moreover, family members play an important role in the process of medical decision in Taiwan. Therefore, this article introduces the development of durable power of attorney for health care in Western countries, tries to address the medical issue of Taiwanese same-sex couples, and discusses the impact of durable power attorney for health care on Chinese traditional family values and family-centered medical decision making. While as a health care proxy, same-sex partner has to face the medical staff’s attitude toward homosexual, also has to confront the pressure from the patient’s family-of-origin.
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Protestant Christian Missions, Race and Empire: The World Missionary Conference of 1910, Edinburgh, ScotlandSanecki, Kim Caroline 25 July 2006 (has links)
This thesis explores prevailing and changing attitudes among Protestant Christians as manifested in the World Missionary Conference of 1910, held in Edinburgh, Scotland. It compares the conference to missionary literature to demonstrate how well it fit the context of the missionary endeavor during the Edwardian era. It examines the issues of race and empire in the thinking of conference participants. It pays particular attention to the position of West Africa and West Africans in conference deliberations. It suggests that the conference, which took place soon after the scramble for empire and just before World War I and the subsequent upsurge of nationalism and anti-colonialism, offers a valuable historical perspective on the uneven nature of globalizing Christianity.
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Equity in welfare evaluations : the rationale for and effects of distributional weightingBångman, Gunnel January 2006 (has links)
This thesis addresses the issue of weighted cost-benefit analysis (WCBA). WCBA is a welfare evaluation model where income distribution effects are valued by distributional weighting. The method was developed already in the 1970s. The interest in and applications of this method have increased in the past decade, e.g. when evaluating of global environmental problems. There are, however, still unsolved problems regarding the application of this method. One such issue is the choice of the approach to the means of estimating of the distributional weights. The literature on WCBA suggests a couple of approaches, but gives no clues as to which one is the most appropriate one to use, either from a theoretical or from an empirical point of view. Accordingly, the choice of distributional weights may be an arbitrary one. In the first paper in this thesis, the consequences of the choice of distributional weights on project decisions have been studied. Different sets of distributional weights have been compared across a variety of strategically chosen income distribution effects. The distributional weights examined are those that correspond to the WCBA approaches commonly suggested in literature on the topic. The results indicate that the choice of distributional weights is of importance for the rank of projects only when the income distribution effects concern target populations with low incomes. The results also show that not only the mean income but also the span of incomes, of the target population of the income distribution effect, affects the result of the distributional weighting when applying very progressive non-linear distributional weights. This may cause the distributional weighting to indicate an income distribution effect even though the project effect is evenly distributed across the population. One rational for distributional weighting, commonly referred to when applying WCBA, is that marginal utility of income is decreasing with income. In the second paper, this hypothesis is tested. My study contributes to this literature by employing stated preference data on compensated variation (CV) in a model flexible as to the functional form of the marginal utility. The results indicate that the marginal utility of income decreases linearly with income. Under certain conditions, a decreasing marginal utility of income corresponds to risk aversion. Thus the hypothesis that marginal utility of income is decreasing with income can be tested by analyses of individuals’ behaviour in gambling situations. The third paper examines of the role of risk aversion, defined by the von Neumann-Morgenstern expected utility function, for people’s concern about the problem of ‘sick’ buildings. The analysis is based on data on the willingness to pay (WTP) for having the indoor air quality (IAQ) at home examined and diagnosed by experts and the WTP for acquiring an IAQ at home that is guaranteed to be good. The results indicate that some of the households are willing to pay for an elimination of the uncertainty of the IAQ at home, even though they are not willing to pay for an elimination of the risks for building related ill health. The probability to pay, for an elimination of the uncertainty of the indoor air quality at home, only because of risk aversion is estimated to 0.3-0.4. Risk aversion seems to be a more common motive, for the decision to pay for a diagnosis of the IAQ at home, among young people. Another rationale for distributional weighting, commonly referred to, is the existence of unselfish motives for economic behaviour, such as social inequality aversion or altruism. In the fourth paper the hypothesis that people have altruistic preferences, i.e. that they care about other people’s well being, is tested. The WTP for a public project, that ensures good indoor air quality in all buildings, have been measured in three different ways for three randomly drawn sub-samples, capturing different motives for economic behaviour (pure altruism, paternalism and selfishness). The significance of different questions, and different motives, is analysed using an independent samples test of the mean WTPs of the sub-samples, a chi-square test of the association between the WTP and the sample group membership and an econometric analysis of the decision to pay to the public project. No evidence for altruism, either pure altruism or paternalism, is found in this study.
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The right to be killed : reassessing the case for the moral right to voluntary active euthanasiaYung, Nancy January 2015 (has links)
This thesis defends an individual's moral right to be aided in dying by a physician (that is, voluntary active euthanasia, or VAE), but departs significantly from the view in its favor generally accepted in the bioethics literature. The prevailing view appeals to both respect for an individual's autonomy and promotion of an individual's well-being as necessary conditions for a right to VAE, so as to justify the right only for those suffering grave illnesses and/or disabilities. The author argues that such a view is logically untenable; one or another aspect must be given up. Since invoking the premise that certain individuals would be better off dead necessarily relies on controversial assumptions about both the value of life and the nature and value of death, about which reasonable people disagree, it is the justification from an individual's best interest which must be excluded in a liberal society. The author endorses a self-determination justification for the right to VAE, but rejects understanding this in terms of respecting personal autonomy, instead making the case for a right to VAE grounded in self-ownership. The author's main conclusion is that the right to VAE is a general right applying to all competent adults, not only those suffering grave illnesses or disabilities, or those whose choice for VAE is an exercise of autonomy. Moreover, by analyzing the basis of physician authority over prescription medicine and how this can be justified to a society of self-owners, she maintains that individuals have not only the right to choose VAE without state interference, but also the right to be provided VAE by doctors. Nevertheless, both rights are compatible with reasonable limitations to protect both the interests of VAE seekers and the rights of others.
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Punishment and therapy : a progressive synthesisWolf, Markus Johann 11 1900 (has links)
The moral justification of punishment is the fundamental
concern of this thesis. It is argued that a moral response to
crime has to be a civilised response; therefore, the notion of
"civility" is defined and discussed. Punishment is then
defended in such a way that it accords with being a civilised
response to crime. It is argued that in order to be such a
response, and thereby qualify as a moral response, punishment
must have a certain structure, i.e. it must fulfil seven
necessary conditions, which, it is argued, together constitute
the sufficient condition for morally justified punishment. In
arguing for each of the necessary conditions, different onedimensional
theories of punishment are dealt with
(retributivism, utilitarianism, deterrence theory,
rehabilitationism, a paternalistic theory of punishment, and
restitutionalism}, indicating that each fulfils some of the
criteria for morally justified punishment. None of the onedimensional
theories fulfils all the necessary conditions,
however, and hence none on its own fulfils the sufficient
condition for morally justified punishment. This is not to
argue that a straightforward theory could never on its own
fulfil the conditions for morally justified punishment, but I
have not been able to conceive how this could be done. The
theory I here present is therefore a hybrid approach,
incorporating elements of all the above-mentioned theories
into a unitary theory. In doing so, it fulfils all the
necessary conditions for being a civilised response to crime,
thereby fulfilling the sufficient condition too, and hence
providing a morally defensible account of punishment.
Finally, the question of how this theory can be put into
practice is addressed. Because the objective of punishment
ought to be a civilised response, thereby benefiting both
society as a whole and those being punished and rehabilitated, the thesis may be seen as a progressive synthesis of the
various approaches examined. / Philosophy, Practical and Systematic Theology / D. Litt. et Phil. (Philosophy)
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Entre teares e lutas: relações de gênero e questões etárias nas principais fábricas de tecidos do Distrito Federal (1891 - 1932)Pires, Isabelle Cristina da Silva 06 June 2018 (has links)
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Previous issue date: 2018-06-06 / Esse trabalho procura focalizar relações de gênero e questões etárias entre operários/as que trabalhavam nas principais fábricas de tecidos do Distrito Federal entre 1891 e 1930. A indústria têxtil, nesse período, empregava considerável mão de obra de mulheres e menores, por considerá-los possuidora de características pertinentes para o trato com a matéria-prima e o maquinário, como delicadeza, paciência, flexibilidade, pequenez, etc. No entanto, por meio de discursos de militantes operários, percebemos que alguns trabalhadores se sentiam ameaçados e incomodados pela presença da força de trabalho feminina e infantil por acreditarem que eles/as rebaixavam os salários e eram passivos/as diante de suas explorações, o que enfraqueceria os movimentos reivindicativos. Procurando problematizar tal perspectiva, essa pesquisa busca retratar as mulheres e os menores como sujeitos de sua própria história, conscientes das explorações a que estavam submetidos/as e agentes ativos nas greves e protestos por melhores condições de vida e trabalho. Para os patrões, a mão de obra feminina e infantil era interessante e foram implantados serviços de benefícios sociais na tentativa de manter as mulheres nas fábricas depois do casamento e os menores mesmo contra as investidas do poder público. A divisão sexual do trabalho e a disciplina fabril demarcaram espaços, comportamentos e estabeleceram uma hierarquia pautada em noções de “qualificação”. Contudo, os/as operários/as procuraram resistir perante as formas de controle e lutaram por suas demandas dentro e fora das fábricas. / This study tries to focus on gender relations and age issues among workers who worked in the main textile mills of the Federal District between 1891 and 1930. The textile industry, in this period, employed considerable labor of women and children, considering them as possessing important characteristicsto dealing with the raw material and machinery, such as delicacy, patience, flexibility, smallness, etc. However, through the speeches of militant workers, we noticed that some workers felt threatened and troubled by the presence of the female and child labor force because they believed that they lowered wages and were passive before their exploitations, which would weaken the protest movements. Looking to problematize this perspective, this research seeks to portray women and children as subjects of their own history, aware of the explorations to which they were subjected and active agents in strikes and protests for better living and working conditions. For the bosses, female and child labor was interesting and they deployed social services in an attempt to keep women in factories after marriage and children even against the public power. The sexual division of labor and the factory discipline demarcated spaces, behaviors and established a hierarchy based on notions of "qualification". However, the workers sought to resist before forms of control and fought for their demands inside and outside the factories.
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Legislação e trabalho em controversias historiograficas : o projeto dos industriais brasileiros (1919-1930)Lima, Marcos Alberto Horta 29 April 2005 (has links)
Orientador: Paulo Celso Miceli / Tese (doutorado) - Universidade Estadual de Campinas. Instituto de Filosofia e Ciências Humanas / Made available in DSpace on 2018-08-04T03:49:44Z (GMT). No. of bitstreams: 1
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Previous issue date: 2005 / Resumo: A tese deste estudo é que, ao longo do período de 1919 a 1930, ao criticarem as leis do trabalho preconizadas pelo Estado brasileiro, os industriais reclamaram para os patrões a responsabilidade pela integração do trabalhador à ordem do capital, concebendo um projeto político. Esta tese é relacionada aos trabalhos acadêmicos cujas interpretações se impuseram como referência, compreendendo uma reflexão sobre a construção das respectivas diferenças entre os estudos / Abstract: The thesis of this work is that, during the years of 1919 to 1930, the industrials criticized the laws of work established by the State, and complained to them about the responsibility for the integration of the worker towards the capital, forming a political project. This thesis is related to academic works, who's interpretation have been imposed as a reference, making a reflection about construction of respective differences between the studies / Doutorado / Historia Social / Doutor em História
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Självbestämmande eller förmynderi? : Dilemman i hemtjänstens arbete med äldre som har en problematisk alkoholkonsumtion / Self determination or paternalism? : Dilemmas in home care assistants' work with older people with a problematic alcohol consumptionGustafsson, Helene, Karvonen, Jani January 2017 (has links)
Syftet med vårt arbete är att undersöka hur hemtjänstpersonal ser på problematisk alkoholkonsumtion i förhållande till självbestämmande bland äldre samt om det kan ha betydelse för deras omsorg av den äldre. Kvalitativa halvstrukturerade intervjuer genomfördes med hemtjänstpersonal (n=4) som analyserades hermeneutiskt utifrån teorier om makt och handlingsutrymme. Av resultaten framgår att självbestämmanderätten som Socialstyrelsen beskrivit den, är villkorad i hemtjänstpersonalens tolkning och att det saknas tydliga riktlinjer och rutiner i hemtjänstens arbete med äldre som har en problematisk alkoholkonsumtion. Resultaten visar att hemtjänstpersonalen gör individuella bedömningar i arbetet med äldre som har en problematisk alkoholkonsumtion. Det framgår att hemtjänstpersonalens arbete är förenat med svåra etiska ställningstaganden, där även maktförhållanden synliggörs och där hemtjänstpersonalen har tolkningsföreträde i förhållande till den äldre och förmynderi är en potentiell riskfaktor. En slutsats är att tydligare riktlinjer angående inköp av alkohol till äldre med en problematisk alkoholkonsumtion kan tänkas bidra till att hemtjänstpersonalen arbetar på ett mer likformigt sätt vilket i sin tur ökar rättssäkerheten för den äldre. / The aim of our study was to examine how integrity and self-determination is conceived by care assistants regarding older care takers with a problematic alcohol consumption, and if it affects their care provided. Qualitative semi-structured interviews, carried out with home care assistants (n=4) and analyzed hermeneutically with theories of power and discretion, showed that self-determination, as described by The Swedish National Board of Health and Welfare, is fulfilled only under certain conditions in the home care assistant’s interpretation. We also found a lack of guidelines and routines concerning problematic alcohol consumption among older care takers. Our results showed that home care assistants made individual assessments in their work with older care takers with problematic alcohol consumption actualizing a difficult ethical dilemma between neglect and paternalism. These ethical issues visualize power relationships where home care assistants have the prerogative to decide in relation to the care takers, where paternalism is a potential risk factor. Clear guidelines regarding the purchase of alcohol to older care takers with problematic alcohol consumption may contribute to home care assistants working more uniformly which leads to a higher state of legal security for the care takers.
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Adele Steinwender : observations of a German woman living on a Berlin mission station as recorded in her diaryBrammer, Birgit 20 August 2008 (has links)
In 1885 Adele Steinwender arrived in South Africa from Germany. Her vocation was that of a teacher, but unlike the majority of white women who moved to the colonies to teach, Steinwender taught the children of the missionaries, as opposed to the local children. During her five years in Bethanie, a Berlin Mission Station in the Orange Free State, she kept a diary recording her observations of day-to-day life. Steinwender’s diary reveals certain aspects that were often neglected in the diary of the male missionaries, namely the domestic side of life. Her commentaries provide one with a unique perspective on missionary activities, not only because she is writing as a woman, but because although she is in the employ of the Berlin Mission Society, she herself, was not a missionary. Thus her reflections are that of an “outsider”. She was an outsider in more senses than one, considering she was an unmarried woman, who was financially independent, and this set her apart from the other woman who lived within this community at the time. Another aspect that made her unique was that she was the most recent arrival from Germany. Although the white residents of Bethanie did attempt to uphold their germanness during their time spent abroad, they had somewhat adapted to a more “colonial lifestyle”. Throughout her diary, Steinwender cites examples of such cultural adaptations amongst the people living there. That having been said, however, the missionaries and their families still held a feeling of superiority over the local population and there was a deeper sense of German nationalism that was prevalent at all times. This study examines the diary alongside nationalism and gender and provides one with an image of what a community was perceived like through the eyes of Steinwender. She proved to be the exception more than the rule, yet there is a perpetual undertone of her wanting to fit within the confines of what was considered to be normal. / Dissertation (MHCS)--University of Pretoria, 2008. / Historical and Heritage Studies / unrestricted
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Podnikatel jako vizionář a aktér nového sociálního systému na příkladu Tomáše a Jana Antonína Baťových / Tomáš and Jan Antonín Baťa: Exemplars of Entrepreneurs as visionaries and agents of a new social systemAnnis, Karolína January 2021 (has links)
English abstract This dissertation thesis deals with an entrepreneur as an engaged social agent that wants to shape society, creating not only a successful business venture but also a societal vision. This research focused on the Czech example of Tomáš and Jan Antonín Baťa while utilizing case studies of American entrepreneurs Henry Ford and Milton Hershey. These business owners are examples of social agents that realized their entrepreneurial plans, while their enterprise also allowed them to create a desired societal vision. The goal of the dissertation thesis is to discover how the studied entrepreneurs tried to influence the community of their employees and their company towns. The examination will include the ways they tried to influence wider society, through areas such as politics, philanthropy, and support of education. The goal is to identify and evaluate their motivations, goals, and ideas they used to shape society. The intent of the thesis is to present engaged Czech entrepreneurs through comparison with their American counterparts. This thesis is focused on the first 40 years of the 20th century. It was a time that immediately followed the societal changes connected with industrialization, urbanization, and modernization. The studied entrepreneurs lived in an era of massive social changes,...
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