Thesis (LLM (Private Law))--University of Stellenbosch, 2006. / End of life decisions regarding defective babies raise several controversial questions. The root of the problem in withdrawing or withholding life-sustaining treatment from defective babies lies in the conflict between human emotions, technological advancements and legal considerations. As a result of advances in medical science and neonatal technology, the lives of defective babies can often be saved or indefinitely prolonged. The question has become not whether we can treat these babies, but rather whether we should. Whether or not a defective baby’s life must be prolonged raises serious moral and ethical issues. A life compromised by severe physical and mental handicaps is weighed against an early and painless death. The best interest of the baby is the primary consideration from a legal point of view. Various factors must be taken into account to give content to this concept. Another central question is to determine who the decision maker(s) should be and what weight should be given to their opinions. Due to the fact that defective babies can not participate in this decision making process or communicate their wishes and preferences, surrogate decision makers must decide on their behalf. In sharp contrast to England, America and Canada, there is hardly any literature and no reported case law in South Africa to demonstrate the complexity of end of life decisions regarding defective babies. Selective non-treatment of defective babies have received little attention in the South African law. The Bill of Rights, inspired by regional and international Conventions determine the framework from a juristic perspective wherein decisions must be made and justified. This framework requires that the focus must be on the most vulnerable and dependant, namely the defective baby.

The dissertation critically examines and compares the decisions of the Constitutional Court and the High Courts in cases dealing with the right to life, as contained in section 11 of the Constitution of South Africa Act 108 of 1996. The dissertation analysis the issues of adjudication and the concept of justice in perspective. The main question is as follows: Are the Constitutional Court decisions objective, based on the interpretation of the constitutional text, or do they rather reflect the individual judge(s) personal perspective(s) or preference(s). The purpose of this dissertation is to undertake a comparative study and analysis of the Constitutional Court decisions on the right to life, same aspect from different perspective, and show that the right to life is not given proper effect to on account of the subjective approach to its interpretation undertaken by the judges. It examines and scrutinises the Constitutional Court’s adjudication process. It found that the law is indeterminable, because the court’s decisions are not based on the interpretation of the law, but on the individual judges’ background and personal preferences. This is so because the court uses the majority rule principle in its decisions: The perception of the majority of the judges becomes a decision of the court. It is argued that when taking a decision a judge does not apply the law but instead uses the law to justify his predetermined decision on the matter. The conclusion supports the critical legal scholars’ theory relating to the indeterminacy of the law. It tests the objectivity of the judges using their own previous decisions. / Criminal and Procedural Law / LL. M.

The dissertation aims at showing the differences in dealing with the death issue in characteristic works of art of both Czech and world literature. Above all, it pursues the comparison of two novels Život střídá smrt ("Life Becomes Death") by Petr Prouza and Nebe nemá dno ("Heaven is Bottomless") by Hana Andronikova. Both unique books belong to key Czech novels with the topic of death. Moreover, both of them deal with death from the point of personal experience, which means they are strongly autobiographical. The dissertation concentrates on creative processes and topical aspects, grasps autobiographical elements of both novels and all the identities and differences in the approach to the same topic. Therefore, the dissertation is devoted to listing the works of art dealing with death, further on to the analyses, interpretation and comparison of the novels Život střídá smrt ("Life Becomes Death") and Nebe nemá dno ("Heaven is Bottomless") together with the reflexion of reader's experience.

Indiana University-Purdue University Indianapolis (IUPUI) / African Americans' tendency to choose life-prolonging treatments (LPT) over comfort focused care (CFC) at end-of-life is well documented but poorly understood. There is minimal knowledge about African American (AA) perceptions of decisions to continue or discontinue LPT. The purpose of this study was to examine AA family members' perceptions of factors that influenced end-of-life care decision-making for a relative who recently died from serious illness. A conceptual framework informed by the literature and the Ottawa Decision Support Framework was developed to guide this study. A retrospective, mixed methods design combined quantitative and qualitative descriptive approaches. Forty-nine bereaved AA family members of AA decedents with serious illness who died between 2 to 6 months prior to enrollment participated in a one-time telephone interview. Outcomes examined include end-of-life treatment decision, decision regret, and decisional conflict. Quantitative data were analyzed using descriptive statistics, independent-sample t-tests, Mann-Whitney U tests, chi-square tests, Spearman and Pearson correlations, and linear and logistic regressions. Qualitative data were analyzed using content analysis and qualitative descriptive methods. Family members' decisional conflict scores were negatively correlated with their quality of general communication (rs = -.503, p = .000) and end-of-life communication scores (rs = -.414, p = .003). There was a significant difference in decisional regret scores between family members of decedents who received CFC versus those who received LPT (p = .030). Family members' quality of general communication (p = .030) and end-of-life communication (p = .014) were significant predictors of family members' decisional conflict scores. Qualitative themes related to AA family members' experiences in end-of-life decision-making included understanding (e.g., feeling prepared or unprepared for death), relationships with healthcare providers (e.g., being shown care, distrust) and the quality of communication (e.g., being informed, openness, and inadequate information). Additional qualitative themes were related to perceptions of the decision to continue LPT (e.g., a lack of understanding, believe will benefit) or discontinue LPT (e.g., patient preferences, desire to prevent suffering). In conclusion, this study generated new knowledge of the factors that influenced AA bereaved family members' end-of-life decision-making for decedents with serious illnesses. Directions for future research were identified.

[pt] Este trabalho estuda o texto de Jó 14,13 17, considerando sua data de redação, de forma a permitir a compreensão do contexto e consequente significado teológico. Com a datação do texto, as fontes históricas, bíblicas e não bíblicas permitem concluir o contexto histórico, econômico, social e religioso da época, e suas implicações na vida do povo de Israel. Comenta-se o significado dos termos e expressões usados no texto poético. Estabelece-se, então, o que motivou o autor a desejar ser escondido no sheol, por tempo determinado, até YHWH desistir de sua ira e voltar a se recordar dele. Analisa-se, também, como a doutrina da retribuição influenciou o conflito que surgiu no meio da comunidade e como ele foi enfrentado. A poesia de Jó 14,13 17 é parte do esforço desenvolvido para solução dos conflitos sociais causados pela miséria e sofrimento do povo. Enquadra-se no contexto do trabalho pastoral que conclamou a classe social alta a uma atitude de solidariedade, como resposta à convocação de YHWH ao homem. / [en] The present paper studies the text of Job 14 two point 13 17, taking into account the time and the context in which it was written in order to allow the understanding of its theological significance. Given the information on the text dating, historical, biblical and non-biblical sources establish the historical, economic, social and religious context of that time, and its implication on the lives of the People of Israel. The meaning of terms and expressions are analyzed in the poetic text. This study establishes what prompted the author’s wish to be hidden in Sheol for a given time, awaiting for the divine wrath to end, of provided that YHWH could still remember him. This paper also analyses how the doctrine of retribution influenced the conflict that arose in middle of the community and how it was faced. The poetry of Job 14 two point 13 17 is part of the effort to solve social conflicts caused by the misery and suffering of the people. This text falls within the context of the pastoral work developed, which urged the upper class to show an attitude of solidarity as a response to the summons of YHWH to man.

While scholarship often focuses on how early modern Italians used images in their devotions, particularly in the post-Tridentine era, little attention has been placed upon how laypeople engaged with devotional text during times of prayer and in their everyday lives. Studies of early modern devotional texts have explored their literary content, investigated their censorship by the Church, or concentrated upon an elite readership. This thesis, instead, investigates how ordinary devotees interacted with holy words in their material form, which I have termed ‘material prayers’. Since this thesis developed under the aegis of the interdisciplinary research project, Domestic Devotions: The Place of Piety in the Italian Renaissance Home, 1400-1600, it focuses primarily on engagement with these material prayers in domestic spaces. Using an interdisciplinary approach drawing from material culture studies, literary history, social and cultural history, and art history, it brings together objects, images and archival sources to illuminate how devotees from across the socio-economic and literacy spectrums accessed and employed devotional text in their prayers and daily life. From holy words, Biblical excerpts, and prayers to textual symbols like the Sacred Monogram of the Name of Jesus, this thesis explores how and why these material prayers were employed for spiritual, apotropaic and intercessory purposes. It analyses material prayers not only in traditional textual formats (printed books and manuscripts), but also those that were printed on single-sheets of paper, inscribed on jewellery, or etched into the structure of the home. To convey how devotees engaged with and relied upon these material prayers, it considers a variety of inscribed objects, including those sanctioned by the Church as well as those which might be questioned or deemed ‘superstitious’ by ecclesiastical authorities. Sermons, Inquisition trial records, and other archival documents have been consulted to further illuminate the material evidence. The first part of the thesis, ‘On the Body’, considers the how devotees came into personal contact with texts by wearing prayers on their bodies. It examines a range of objects including prayers with protective properties, known as brevi, that were meant to be sealed in a pouch and worn around the neck, and more luxurious items of physical adornment inscribed with devotional and apotropaic text, such as necklaces and rings. The second part of the thesis enters the home to explore how the spaces people inhabited and the objects that populated their homes were decorated with material prayers. ‘In the Home’ begins with texts inscribed over the entryways of early modern Italian homes, and then considers how devotees decorated their walls with holy words and how the objects of devotion and household life were imbued with religious significance through the addition of pious inscriptions. By analysing these personal objects and the textual domestic sphere, this thesis argues that these material prayers cut across socio-economic classes, genders, and ages to embody quotidian moments of domestic devotion as well as moments of fear, anxiety and change.