“Killing Me Softly”: New Questions About Therapeutic Self-Determination in the Italian Society and Old Answers from the Criminal Code

Author(s):  
Emanuele Corn
Bioethica ◽  
2021 ◽  
Vol 7 (2) ◽  
pp. 40
Author(s):  
Teresa Andreani

In the last three decades, the dilemma of End-of-Life is one of the most disputed bio-juridical questions Italy is confronting with. By raising highly sensitive ethical, legal and political dilemmas, it has deeply divided the Italian society, the scientific community and the political arena. In the context of a raging controversy, the Italian Parliament has opted for silence. Thus, an evolutive, judicial route has marked the legal frame in response to numerous, concrete demands of recognition of the freedom of self-determination and value of dignity in the final phase of life. In this review article, an overview of the judicial evolution of the complex mosaic of end-of-life issues will be firstly offered through three cases, pillars on which the latest judicial evolution on assisted suicide lays its foundations. Secondly, the issue of assisted suicide will be singularly addressed through the examination of the Cappato case which has outlined the path for the historical ruling of the Italian Constitutional Court, no'242 of 2019 on the constitutional illegitimacy of the crime of assistance to suicide under article 580 of the Italian Criminal Code. Precisely, the Court has pointed out several, concurrent requirements in presence of which an active conduct directly connected with suicide is not criminally relevant: the autonomous and free formation of the individual will, the irreversible nature of the disease, the ongoing practice of a life-saving treatment, the intolerability of the physical or psychological sufferings and the mental capacity to self-determination. Among the numerous, emerging, interpretative questions, the latest Trentini case, in which the requirement of life-saving treatment has been interpreted as inclusive of pharmacological therapy and of every material, sanitary life-saving assistance, will be further evaluated. Conclusively, a cross section of the fragile interplay between the legislative power and the judiciary power will be depicted in reference to the main open interpretative questions related to the enforcement of the constitutional ruling and a portrait of the upcoming scenerios, as the existing legislative drafts and the prepositive referendum question, will be concisely examined.


2021 ◽  
Vol 27 (4) ◽  
pp. 181-185
Author(s):  
Arseniy А. Bimbinov

The article examines the causes, process and results of the recent serious reform of the criminal legislation of the Federal Republic of Germany on responsibility for crimes against sexual self-determination (the thirteenth section of the German Criminal Code). The focus is on the Forty-ninth Law on Amendments to the Criminal Code in connection with the implementation of the Pan-European Provisions of January 21, 2015 (BGBl. 2015 I S. 10) and the Fiftieth Law on Amendments to the Criminal Code in connection with the strengthening of the Protection of human rights to Sexual self-determination of November 4, 2016 (BGBl. 2016 I S. 2460). Other acts (for example, the Sixtieth Law, which entailed the reformulation of certain provisions of the thirteenth section) are not considered, since they do not affect the specifics of criminal liability. The novelty of the study lies in the fact that for the first time in Russian scientific periodicals, the main parameters and consequences of the recent reform of criminal legislation on responsibility for sexual crimes in Germany have been outlined. Not only the decision-making process is demonstrated, but also their main causes are characterised. It is established that the main result of the reform was the transformation of the norms of the law, which now provide for liability within one paragraph (article) for violent acts of a sexual nature and for sexual harassment, which should be considered as sexual acts without the use of violence, any threats and without using the helpless state of the victim, committed contrary to the recognisable or unrecognisable will of the latter.


2020 ◽  
Vol 79 (2) ◽  
pp. 63-70
Author(s):  
Petr Květon ◽  
Martin Jelínek

Abstract. This study tests two competing hypotheses, one based on the general aggression model (GAM), the other on the self-determination theory (SDT). GAM suggests that the crucial factor in video games leading to increased aggressiveness is their violent content; SDT contends that gaming is associated with aggression because of the frustration of basic psychological needs. We used a 2×2 between-subject experimental design with a sample of 128 undergraduates. We assigned each participant randomly to one experimental condition defined by a particular video game, using four mobile video games differing in the degree of violence and in the level of their frustration-invoking gameplay. Aggressiveness was measured using the implicit association test (IAT), administered before and after the playing of a video game. We found no evidence of an association between implicit aggressiveness and violent content or frustrating gameplay.


Crisis ◽  
2001 ◽  
Vol 22 (1) ◽  
pp. 15-19 ◽  
Author(s):  
Andrée Fortin ◽  
Sylvie Lapierre ◽  
Jacques Baillargeon ◽  
Réal Labelle ◽  
Micheline Dubé ◽  
...  

The right to self-determination is central to the current debate on rational suicide in old age. The goal of this exploratory study was to assess the presence of self-determination in suicidal institutionalized elderly persons. Eleven elderly persons with serious suicidal ideations were matched according to age, sex, and civil status with 11 nonsuicidal persons. The results indicated that suicidal persons did not differ from nonsuicidal persons in level of self-determination. There was, however, a significant difference between groups on the social subscale. Suicidal elderly persons did not seem to take others into account when making a decision or taking action. The results are discussed from a suicide-prevention perspective.


Author(s):  
Philipp A. Freund ◽  
Annette Lohbeck

Abstract. Self-determination theory (SDT) suggests that the degree of autonomous behavior regulation is a characteristic of distinct motivation types which thus can be ordered on the so-called Autonomy-Control Continuum (ACC). The present study employs an item response theory (IRT) model under the ideal point response/unfolding paradigm in order to model the response process to SDT motivation items in theoretical accordance with the ACC. Using data from two independent student samples (measuring SDT motivation for the academic subjects of Mathematics and German as a native language), it was found that an unfolding model exhibited a relatively better fit compared to a dominance model. The item location parameters under the unfolding paradigm showed clusters of items representing the different regulation types on the ACC to be (almost perfectly) empirically separable, as suggested by SDT. Besides theoretical implications, perspectives for the application of ideal point response/unfolding models in the development of measures for non-cognitive constructs are addressed.


2015 ◽  
Vol 14 (2) ◽  
pp. 70-79 ◽  
Author(s):  
Simon L. Albrecht

The job demands-resources (JD-R) model provides a well-validated account of how job resources and job demands influence work engagement, burnout, and their constituent dimensions. The present study aimed to extend previous research by including challenge demands not widely examined in the context of the JD-R. Furthermore, and extending self-determination theory, the research also aimed to investigate the potential mediating effects that employees’ need satisfaction as regards their need for autonomy, need for belongingness, need for competence, and need for achievement, as components of a higher order needs construct, may have on the relationships between job demands and engagement. Structural equations modeling across two independent samples generally supported the proposed relationships. Further research opportunities, practical implications, and study limitations are discussed.


2015 ◽  
Vol 14 (2) ◽  
pp. 61-69 ◽  
Author(s):  
Cornelia Gerdenitsch ◽  
Bettina Kubicek ◽  
Christian Korunka

Supported by media technologies, today’s employees can increasingly decide when and where to work. The present study examines positive and negative aspects of this temporal and spatial flexibility, and the perceptions of control in these situations based on propositions of self-determination theory. Using an exploratory approach we conducted semi-structured interviews with 45 working digital natives. Participants described positive and negative situations separately for temporal and spatial flexibility, and rated the extent to which they felt autonomous and externally controlled. Situations appraised positively were best described by decision latitude, while negatively evaluated ones were best described by work–nonwork conflict. Positive situations were perceived as autonomous rather than externally controlled; negative situations were rated as autonomously and externally controlled to a similar extent.


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