Automatism — a medico-legal conundrum

1989 ◽  
Vol 6 (2) ◽  
pp. 71-80
Author(s):  
Paul T. d'Orbán

AbstractDuring the past 35 years, a series of Court decisions have developed and refined the concept of automatism, defined in law as unconscious involuntary action. Two varieties of automatism have come to be recognised. In insane automatism, the absence of mens rea is caused by disease of the mind, and the defence leads to an insanity verdict with compulsory detention in hospital. In non-insane automatism, the mind is affected by some external factor and the findings result in complete acquittal. However, from the medical point of view, the distinction between exogenous and endogenous factors is naive and may lead to decisions that are contrary to natural justice and common sense. The main practical problems arise because of the mandatory commital to hospital when there is an insanity verdict and legal reform is required.

Author(s):  
John Child ◽  
David Ormerod

This chapter provides an overview of actus reus, which refers to the ‘external elements’ of an offence. An actus reus is not simply about the movements of the accused, that is, her conduct. Rather, it includes any offence requirement that is external from the mind of the accused: anything that is not mens rea. Before discussing the elements that form the actus reus, this chapter considers the distinction between actus reus and mens rea. It then describes the three elements of actus reus: conduct, circumstances, and results. It also explains the categories of actus reus offences, omissions liability, and causation before concluding with sections that outline potential options for legal reform and a structure for analysing the actus reus of an offence when applying the law in a problem-type question. Relevant cases are highlighted throughout the chapter, with a brief summary of the main facts and judgment.


2002 ◽  
Vol 77 (1) ◽  
pp. 52-81 ◽  
Author(s):  
Geoffrey Galt Harpham

The immediate problem confronted by readers of Martha Nussbaum's early work is that, from a professional point of view, the quality of mind behind the arguments seems far superior to the arguments themselves. From the point of view of the academic philosopher, Nussbaum is far too heavily invested in literature; while, from the point of view of the professional literary critic, she is far too deeply committed to a principle of realism, even to an affective relationship with literary characters, that is incompatible with academic norms. The central idea in her early work is not in fact conceptual or critical at all, but rather moral: a fundamental transformation of life based on a relinquishing of mastery,a submission of the mind to emotion, especially erotic emotion. Nussbaum has commented on the formative impact of an adolescent reading of Plato's Phaedrus, in which she identified herself with the younger partner of the Platonic homosexual couple, the apprentice learner bound to the master by erotic and intellectual ties, and we can see in Nussbaum'searly work residues of this identification. In ''phase two'' of Nussbaum'swork, we can, however,trace a further conversion, in which Nussbaum positions herself not as the apprentice but as the master. In most of the work she has produced since the late 1980s, the values and orientations of her early work are precisely inverted: emotions are now checked or carefully contained, an emphasis on erotic passion is transformed into a zeal for social and educational reform, the personal gives way to the cosmopolitan and even the universal; Stoic or Kantian reason becomes the dominant emphasis as Nussbaum attempts to articulate a general account of ''the human.'' Nussbaum's public disputes over the past decade reveal, in addition to the differences that continue to separate her from her contemporaries, a complex attempt to negotiate the differences that divide her from herself. The most characteristic gesture of the work of the past ten years is an often-revised ''List of Human Capabilities'' that she proposes as a way of guiding quality-of-life assessments, especially in developing nations. The conception behind such a list may represent, as her critics charge, a grossly unprofessional failure of professionalism, as well as moral arrogance; but it may also, perhaps, actually be useful.


Author(s):  
James Hopkins

Freud developed the theory and practice of psychoanalysis, one of the most influential schools of psychology and psychotherapy of the twentieth century. He established a relationship with his patients which maximized information relevant to the interpretation of their behaviour, and this enabled him to find explanations of dreams, symptoms and many other phenomena not previously related to desire. In consequence he was able radically to extend our common-sense psychology of motive. On Freud’s account everyday actions are determined by motives which are far more numerous and complex than people realize, or than common-sense understanding takes into account. The most basic and constant motives which influence our actions are unconscious, that is, difficult to acknowledge or avow. Such motives are residues of encounters with significant persons and situations from the past, often reaching back to early childhood; and they operate not to achieve realistic satisfaction, but rather to secure a form of pacification through representation. When we interpret what others say and do we apply these patterns of satisfaction and pacification to explain their behaviour; and in so far as we succeed in understanding others in this way we support the patterns as empirical generalization. While we recognize that pacification consequent on genuine satisfaction is deeper and more lasting than that effected by representation alone, we also know that human desire outruns opportunities for satisfaction to such an extent that pacification via imagination is common. This is a view which psychoanalysis radically extends. This understanding of the mind enabled Freud to give psychological accounts of neurosis and psychosis, and to explicate how the past gives significance to the present in normal mental functioning. Past desires, even those of infancy, are not psychologically lost; rather they are continually re-articulated through symbolism, so as to direct action towards their representational pacification throughout life. In this Freud provides both a radically holistic account of the causation of action and a naturalistic description of the generation of meaning in life. New goals acquire significance as representatives of the unremembered objects of our earliest and most visceral passions; and the depth of satisfaction we feel in present accomplishments flows from their unacknowledged pacification of unknown desires from the distant past. Thus, paradoxically, significant desires can remain forever flexible, renewable and satisfiable in their expressions, precisely because they are immutable, frustrated and unrelenting at the root.


Author(s):  
John Child ◽  
David Ormerod

This chapter provides an overview of actus reus, which refers to the ‘external elements’ of an offence. An actus reus is not simply about the movements of the accused, that is, her conduct. Rather, it includes any offence requirement that is external from the mind of the accused: anything that is not mens rea. Before discussing the elements that form the actus reus, this chapter considers the distinction between actus reus and mens rea. It then describes the three elements of actus reus: conduct, circumstances, and results. It also explains the categories of actus reus offences, omissions liability, and causation before concluding with sections that outline potential options for legal reform and a structure for analysing the actus reus of an offence when applying the law in a problem-type question. Relevant cases are highlighted throughout the chapter, with a brief summary of the main facts and judgment.


2020 ◽  
Author(s):  
Kustiani

Education is important aspect for human beings. Education can be done formally or informally. In Buddhist point of view, education should be done as long as the life of a person. It is done throughout the samsaric journey until someone becomes an enlightened one, becoming a non learner (asekha). In the modern education, various facilities are provided to produce a very good graduate. However this easy access is challenged by the emergence of bad habit of students i.e. copying and pasting data from internet without doing analysis.The solution to this bad habit has to be found because it will cut off the analytical thinking of students. The lack of analytical skill makes student become unproductive in many aspects. As the result, they are not having the ability to think comprehensively, and not having the ability to raise a new idea or to solve the problem correctly. That is why many students are just keeping silent in the class without able to rise or to answer question Human is a being with a higher mind than animal. Human being is called manussa in Pali term. Literally, manussa means “higher mind”. It means that a human being has special ability to understand matter relating to the past, present and future by comparing and contrasting well. This definition also indicates that the mind of human can be developed until its maximum capacity, intellectually or spiritually. This article try to explore some alternatives ways in managing modern education to obtain maximum intellectual and spiritual goal for millennial generations.


2021 ◽  
Vol 1 (3) ◽  
pp. 177-189
Author(s):  
Rifqi Aulia Erlangga

Video is a common media to use in teaching English in the past few years. English learning video can be an external factor that influence students’ motivation in studying English. English learning video that was designed by involving students as the actors predicted to have some common sense of belonging. Related to the purpose of the research, the result showed the students were motivated even more by learning English in a class using the video they are involved. Focusing on research methodology, descriptive quantitative research was applied to get the purpose of the research. The result in this study was represented in descriptive percentage.


Author(s):  
Mogens Wegener

This paper offers a discussion of the notions of time and temporality in Kierkegaard based on two of his major works, “Philosophical Fragments” and “The Concept of Dread”. After a general introduction to the status of the two notions within the pseudonymous authorship as a whole, two interesting theses are made the object of further inquiry: (1) the thesis of the mind-dependency of temporality proper and (2) the thesis of the revocability of the past as a precondition of the possibility of repentance. As regards the first thesis it is argued that it should be understood within the context of the distinction between natural time which is infinite succession and human temporality which is characterized by the triad of past, present & future: whereas natural time is objective, human temporality is subjective. But to Kierkegaard, subjectivity is truth; and the ultimate aim & goal of spirit (which is a synthesis of body & soul) is to transcend nature in the unique moment of decision = devotion (that moment which is in itself a synthesis of temporality & eternity). Therefore, from the point of view of the existing thinker, it is subjective time which is real whereas objective time is an illusion. As regards the second thesis it is argued that although Kierkegaard opposes the Hegelian view that the contingent becomes necessary by its receding into the past, he does not thereby deny that the past is, in a certain sense, unchangeable (for if it was not, either there would be nothing to repent, or the subjective truth of repenting & forgiving might also be an illusion; but that is truly absurd). In fact, my main point is that although Kierkegaard denies the possibility of imposing motion onto logic, his very own reflections concerning the dialectics of being and existence make an important contribution to a new logic of time and motion in time.


Author(s):  
S. V. Pirozhkova

The article discusses the problem of the possibility of knowing the future, especially the future of social phenomena compared with the future of natural ones. This problem is formulated as a dilemma: the future can be explored or can be only constructed. The idea of constructive character of knowledge of the future is viewed in two possible interpretations.The first one is a special case of the constructivist interpretation of knowledge, according to which different pictures of the future are arbitrarily constructed on the basis of information about the past and current state. The second interpretaion can be presented in the form of a praxeological question: what should be an action in relation to the future, first and foremost to the future of social phenomena - cognitive or creative. It is shown that, in the first case, there is an ability to interpret knowledge of the future from the point of view of epistemological realism, in the second case, both cognitive and creative types of activity as a pragmatic position in relation to the future are necessary and cognitive activity cannot be reduced to creative one. It is also shown that forecaster’s dilemma reflects the problematic nature of forecasting under the conditions of transformation of scientific rationality and point of view of common sense, which is observed in recent decades.


Chelovek RU ◽  
2020 ◽  
pp. 18-53
Author(s):  
Sergei Avanesov ◽  

Abstract. The article analyzes the autobiography of the famous Russian philosopher, theologian and scientist Pavel Florensky, as well as those of his texts that retain traces of memories. According to Florensky, the personal biography is based on family history and continues in children. He addresses his own biography to his children. Memories based on diary entries are designed as a memory diary, that is, as material for future memories. The past becomes actual in autobiography, turns into a kind of present. The past, from the point of view of its realization in the present, gains meaning and significance. The au-thor is active in relation to his own past, transforming it from a collection of disparate facts into a se-quence of events. A person can only see the true meaning of such events from a great distance. Therefore, the philosopher remembers not so much the circumstances of his life as the inner impressions of the en-counter with reality. The most powerful personality-forming experiences are associated with childhood. Even the moment of birth can decisively affect the character of a person and the range of his interests. The foundations of a person's worldview are laid precisely in childhood. Florensky not only writes mem-oirs about himself, but also tries to analyze the problems of time and memory. A person is immersed in time, but he is able to move into the past through memory and into the future through faith. An autobi-ography can never be written to the end because its author lives on. However, reaching the depths of life, he is able to build his path in such a way that at the end of this path he will unite with the fullness of time, with eternity.


2017 ◽  
Vol 5 (2) ◽  
pp. 109-120
Author(s):  
Cecília Avelino Barbosa

Place branding is a network of associations in the consumer’s mind, based on the visual, verbal, and behavioral expression of a place. Food can be an important tool to summarize it as it is part of the culture of a city and its symbolic capital. Food is imaginary, a ritual and a social construction. This paper aims to explore a ritual that has turned into one of the brands of Lisbon in the past few years. The fresh sardines barbecued out of doors, during Saint Anthony’s festival, has become a symbol that can be found on t-shirts, magnets and all kinds of souvenirs. Over the year, tourists can buy sardine shaped objects in very cheap stores to luxurious shops. There is even a whole boutique dedicated to the fish: “The Fantastic World of Portuguese Sardines” and an annual competition promoted by the city council to choose the five most emblematic designs of sardines. In order to analyze the Sardine phenomenon from a city branding point of view, the objective of this paper is to comprehend what associations are made by foreigners when they are outside of Lisbon. As a methodological procedure five design sardines, were used of last year to questioning to which city they relate them in interviews carried in Madrid, Lyon, Rome and London. Upon completion of the analysis, the results of the city branding strategy adopted by the city council to promote the sardines as the official symbol of Lisbon is seen as a Folkmarketing action. The effects are positive, but still quite local. On the other hand, significant participation of the Lisbon´s dwellers in the Sardine Contest was observed, which seems to be a good way to promote the city identity and pride in their best ambassador: the citizens.


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