3. Protracted Legal Proceedings on account of Alleged Illegal Detention in a Lunatic Asylum

1872 ◽  
Vol 18 (82) ◽  
pp. 294-301

Every now and then a case crops up illustrating the serious responsibility and risks which a medical man incurs in signing a certificate of lunacy, but perhaps no better instance can be brought forward in support of this statement than the one known in Scotland as “the Mackintosh of Holme Case.” The extracts from the newspapers tell their own tale, and make remarks almost superfluous; but we may state for the benefit of those interested in the matter, that in the “Journal of Mental Science,” vol. x., they will find remarks on the case, in one of its aspects, by Dr. Tuke. In vol. xi. of the same Journal, p. 616, there is a notice concerning a testimonial presented to the proprietors of Saughtonhall, the asylum in which Mr. Mackintosh was detained; the subscribers, chiefly medical men, expressed their sympathy with the physicians at the head of the institution for the very unpleasant and expensive case into which they had been brought. But as there are always two sides to a question, and we can only arrive at the truth by examining both, we append a letter by Dr. Mackintosh which appeared in the “Inverness Courier,” April 25, 1872, in which he gives his views on the matter so long disputed. We give the extracts from the “Scotsman” at full length, otherwise the legal niceties might be imperfectly indicated.

2009 ◽  
pp. 163-172
Author(s):  
Angelo Abignente

- The positive law tradition has hitherto had nothing to say about the legal profession's role and function, focusing more interest on questions of justice, of the legitimisation of power and of the genesis and organisation of normative material. This trend is now subject to a reversal promoted by new, neo-constitutionalist, narrativist, analytical and hermeneutic experiences, which no longer focuses attention on the moment when law is produced, but on the one when it is applied, reappraising and revitalising the function of the judge, of the attorneys and of other legal professionals. The attorney becomes an active protagonist, an intermediary not only between conflicting interests in a controversy, but also between opposing public interests, while the reappraisal of his role stimulates thinking about the ethical dimension of how the legal profession is practised. Referring to the theories of Habermas and of Alexy, the author treats the reasonable status of argumentation as the supreme ethical instance necessary for a decision that interferes in the sphere of another person's action. At the same time, however, the control of the reasonable status of the respective arguments on both sides is the ethical instance required of the attorneys taking part in the legal proceedings. It takes the form of compliance with the rules characteristic of the practical discourse, primarily the rule of free discursive participation that enables the onus of the argumentation to be explained. Ernesto de


This chapter considers how, once again, the Venetians had found themselves under steady pressure from two sides — this time between the new king of France, Francis I, and Charles of Habsburg, the king of Spain as well as the Holy Roman Emperor. Although they had not come to a clear rupture with the Emperor, the Venetians had dutifully performed their role in the war on the French side, and were now rather at sea as to what they should do next. On the one hand, Francis incited them to hold on, for he would soon send another army into Italy; on the other hand, Charles was trying to detach them from the French alliance with various reassurances and offers.


2013 ◽  
Vol 2013 ◽  
pp. 1-16 ◽  
Author(s):  
Silja Raschke ◽  
Jürgen Eckel

This review summarizes the current literature regarding the most discussed contraction-regulated moykines like IL-6, IL-15, irisin, BDNF, ANGPTL4, FGF21, myonectin and MCP-1. It is suggested that the term myokine is restricted to proteins secreted from skeletal muscle cells, excluding proteins that are secreted by other cell types in skeletal muscle tissue and excluding proteins which are only described on the mRNA level. Interestingly, many of the contraction-regulated myokines described in the literature are additionally known to be secreted by adipocytes. We termed these proteins adipo-myokines. Within this review, we try to elaborate on the question why pro-inflammatory adipokines on the one hand are upregulated in the obese state, and have beneficial effects after exercise on the other hand. Both, adipokines and myokines do have autocrine effects within their corresponding tissues. In addition, they are involved in an endocrine crosstalk with other tissues. Depending on the extent and the kinetics of adipo-myokines in serum, these molecules seem to have a beneficial or an adverse effect on the target tissue.


2009 ◽  
Vol 59 (3) ◽  
pp. 446-459
Author(s):  
Meir Malul

AbstractThe exact nature of the girl's crime in the law of the delinquent daughter in Deut 22:13-21 is examined, starting by a detailed critique of J. Fleishman's previous suggestion in this journal (vol. 58, pp. 191-210) to construe it in the light of the law of cursing the parents in Exod 21:17 and understand it as an innovation and restriction of the latter law. In his view, the girl's sin is tantamount to cursing her parents, which, like the sin of the glatton and drunkard son according to Deut 21: 18-21, meant the undermining of the parents' authority and status, for which both boy and girl deserved the death penalty. In the following critique, it is underlined that the girl's sin is, first, not one of omission but of commission, and, second, it is not against her parents but against her husband, who is also the one to initiate the legal proceedings. A new interpretation is suggested, according to which the girl's crime, defined in v. 21 as an act of and a deed of, consisted not only in concealing her previous loss of virginity from her husband, thus deceiving him and her parents, but also in duping her husband into committing a sin comparable to that of lying with a menstruating, and thus desolate, woman. Being deprived of virginity, and thus of the socially recognized status of a virgin, she became, like Tamar (2 Sam 13:20), “desolate, forlorn”, an unenviable state from which only her seducer/ravisher could redeem her (thus are the sense and goal of the laws of the seduced virgin in Exod 22:15-16 and Deut 22:28-29). Trying to dupe her husband into steping in and performing what custom and law dictated the other man—the seducer/ravisher—should have done, and thus to arrogate to herself a social status she did not deserve, was then tantamount to undermining social structure and striking at the fibers that constituted the essence and integrity of the social community (cf. Prov 30:21-23).


1854 ◽  
Vol 1 (7) ◽  
pp. 104-105
Author(s):  
Charlesworth

The ceremony of the inauguration of the statue of the late lamented Dr. Charlesworth, senior physician of the Lincoln Lunatic Asylum, took place on the 12th of July last, in presence of a large assembly. When the statue, which stands in an area at the south-east corner of the asylum grounds, visible both to the patients and the public, was exposed to view, all present uncovered; and, after a moment's silence, a burst of applause followed. It consists of a full-length figure of the doctor, in a position in which he frequently appeared, having his right hand advanced a little, grasping a small scroll, and his left resting on his hip; his head is reclining to the left, and the expression of the countenance is exceedingly faithful, expressing that studious habit and decision of character for which he was so remarkable. The statue is 6 feet 6 inches in height, and stands upon a pedestal of Yorkshire granite of the same elevation. The attitude of the figure is natural and full of character, and from whatever quarter viewed the features are a striking resemblance. The material is most suitable to the peculiarity of our variable climate, the sculptor (T. Milnes, Esq.) having selected Sicilian marble, the statue being worked from a block weighing upwards of six tons. It is of the finest texture, a beautiful colour, and will long retain its freshness. The following inscription is on the pedestal:


1987 ◽  
Vol 80 (2) ◽  
pp. 133-160 ◽  
Author(s):  
L. Michael White

Recent studies and archaeological work have focused attention once again on an old problem—the origins and development of the synagogue—by bringing two sides of the issue to light. On the one hand, some studies have reconsidered theories of synagogue origins in the Babylonian, Persian, or Hellenistic periods. The result is that several traditional assumptions typified in the works of Julian Morgenstern, Solomon Zeitlin, George Foot Moore, and Louis Finkelstein have been questioned. The question of origins has come to rest on the Palestinian setting and on the nature of the “synagogue” not as institution in the later Talmudic sense, but as “assembly.” There is no clear archaeological evidence for synagogue buildings from Second Temple Palestine. Only after 70 CE and the destruction of the Temple, did it emerge as the central institution of Pharisaic-Rabbinic Judaism.


2014 ◽  
Vol 70 (7) ◽  
pp. 654-658 ◽  
Author(s):  
Long Tang ◽  
Feng Fu ◽  
Ji-Jiang Wang ◽  
Qi-Rui Liu ◽  
Hang-Hang Zhao

The reaction of CoSO4with 2,4-oxydibenzoic acid (H2oba) and 4,4′-bipyridine (bipy) under hydrothermal condition yielded a new one-dimensional cobalt(II) coordination polymer, {[Co(C14H9O5)2(C10H8N2)(H2O)2]·2H2O}n, which was characterized by elemental analysis, IR spectroscopy, thermogravimetric analysis, magnetic properties and single-crystal X-ray diffraction. The CoIIions are connected by bipy ligands into infinite one-dimensional chains. The Hoba−ligands extend out from the two sides of the one-dimensional chain. O—H...O hydrogen bonding extends these chains into a two-dimensional supramolecular architecture.


2017 ◽  
Vol 1 (36) ◽  
Author(s):  
Morton Luiz Faria de Medeiros

RESUMOO artigo busca analisar o conceito e a natureza jurídica da denúncia anônima, a partir dos métodos de abordagem hipotético-dedutivo e hermenêutico, por intermédio da interpretação de textos jurídicos extraídos de documentos legislativos, jurisprudenciais e doutrinários. Para tanto, principia-se pela definição de anonimato, investigando-se se a denúncia anônima constitui manifestação da liberdade de expressão ou de manifestação de pensamento, ideia ou opinião, a partir de depuração desses conceitos elementares que a circundam. Embora não haja uniformidade normativa ou doutrinária quanto a delimitações terminológicas para distinguir entre as liberdades de expressão, de manifestação de pensamento, de manifestação de opinião e de imprensa, conclui-se que o direito fundamental de liberdade de manifestação de pensamento é mais abrangente, possuindo dimensões individual (liberdade de expressão) e social (liberdade de prestação de informação), além da modalidade de liberdade de provocação de autoridade pública – em que se enquadram a denúncia anônima e os direitos de petição e de ação, por exemplo. Contudo, se, por um lado, a denúncia anônima não se confunde com o direito de petição – em face de este ostentar caráter político e estar atrelado ao direito a ser informado (o que é dificultado pelo anonimato) – tampouco pode ser equiparado ao direito de ação, que para instaurar processo judicial já demanda um mínimo de elementos de prova.ABSTRACTThis paper analyzes the concept and legal basis of anonymous reporting, using hypothetical-deductive and hermeneutics methods, through the interpretation of legal texts extracted from legislative, doctrine and jurisprudence documents. It begins with the definition of anonymity, investigating whether anonymous report constitutes manifestation of freedom of expression or manifestation of thought, idea or opinion, from the depuration of the elementary concepts that surround it. Although there is no normative or doctrinal uniformity regarding terminological delimitations to distinguish between the freedoms of expression, of expression of thought, of expression of opinion and of the press, it is concluded that the fundamental right of freedom of expression of thought is wider, including individual (Freedom of expression) and social (freedom to provide information) dimensions, in addition to the modality of freedom of provocation of public authority - which include anonymous reporting and petition and action rights, for example. However, if, on the one hand, the anonymous reporting is not the same as the right of petition - because the latter has a political character and is linked to the right to be informed (which is hampered by anonymity), it cannot be the same as the right of action, which in order to institute legal proceedings already requires a minimum of evidence.


2017 ◽  
Vol 22 ◽  
pp. 154-170
Author(s):  
Andrzej Czajowski

Politica towards killing people in social conflicts. Theoretical-methodological lectureThere are two sides of life: its continuation to natural death and premature annihilation. These two processes occur in parallel, subjecting to nature and culture. This means that human life, regardless of natural condi­tions, depends in some respects on tradition and politica politics and policy. People primarily protect life, but at the same time kill people and prevent killing in order to meet a number of needs. Often the cause of killing is the clash of those aims and then the killing is used to settle conflicts. Politica has a contradictory role in killing people: on the one hand counteracts this phenomenon, and on the other hand favors. De­pending on the relationship between politica and killing, we differentiate killing politica, politica facilitating killing, anti-killing politica and non-killing politica.The nature and implications of politica involvement in killing of people in conflicts depend on the nature of the conflict. Another is the relation of politica to this phenomenon when the conflict is non-political and the other when it is political.Politica — from its advent to our modern times — is transformed into: apparently killing and encouraging killing, giving way to ever more visible counteracting killing and non-killing.


2018 ◽  
Vol 17 (2) ◽  
pp. 147-161
Author(s):  
Fitri Yuliana

Di satu sisi, penekanan modernisme pada rasionalitas dan historisitas telah menghasilkan kristologi yang kritis-objektif. Di sisi lain, pascamodernisme yang berepistemologi pluralis menghasilkan kristologi yang subjektif. Menanggapi dan menjembatani dua sisi persoalan ini, pendekatan hermeneutis redemptive-historical diajukan sebagai pendekatan alternatif injili. Pendekatan yang berpusat pada Kristus sebagai kulminasi sejarah penebusan (seperti yang disaksikan Alkitab) ini mengaitkan tiga horizon yaitu: textual, epochal, dan canonical untuk menginterpretasikan teks Kitab Suci secara holistik. Pendekatan ini menganalisis sintaksis, konteks sastra, konteks sejarah dan genre-nya (textual horizon), mengaitkannya dengan sejarah penebusan (epochal horizon), dan melihatnya dalam terang keutuhan kanon (canonical horizon). Penggabungan ketiga unsur tersebut menekankan dinamika pemenuhan janji Allah dalam kulminasi tersebut. Dengan demikian, pendekatan hermeneutis redemptive historical dapat mengarahkan orang Kristen pembacaan dan penafsiran Alkitab yang kristosentris. Kata-kata kunci: Pendekatan Redemptive-Historical, Epistemologi, Kristologi Modern Kristologi Pascamodern, Hermeneutika Injili Kristosentris On the one hand, the emphasis of modernism on rationality and historicity has produced a critical-objective Christology. On the other hand, post-modernism with a pluralist epistemology produces subjective Christology. Responding to, and bridging the two sides of this problem, the redemptive-historical hermeneutical approach is proposed as an alternative evangelical approach. The Christ-centered approach as the culmination of the history of redemption (as witnessed to in the Bible) links three horizons, namely: textual, epochal, and canonical to interpret the text of the Scriptures holistically. This approach analyzes syntax, literary context, historical context and its genre (textual horizon), links it to the history of redemption (epochal horizon), and sees it in the light of the canon (canonical horizon). The combination of these three elements emphasizes the dynamic fulfillment of God’s promises. Thus, the historical redemptive hermeneutical approach can lead Christians to read and interpret the Christocentric Bible. Keywords: Redemptive-Historical Approach, Epistemology, Modernist Christology, Post-modernist Christology, Christ-centered Evangelical Hermeneutics


Sign in / Sign up

Export Citation Format

Share Document