scholarly journals Medical law and the power of life and death

2006 ◽  
Vol 2 (2) ◽  
pp. 137-157
Author(s):  
Kenneth Veitch

The purpose of this article is to offer an analysis of the nature of contemporary legal power over the ending of human life in medical contexts. Drawing on Michel Foucault’s characterisations of power relations in the sphere of life and death in The History of Sexuality, Vol. I, it is argued that, in its current regulation of the ending of human life in this area, law displays elements of two of those modes, or forms, of power identified by Foucault – the juridical and the disciplinary. This argument is illustrated by reference to two recent cases – Re A (Children) and Re B (an adult: refusal of medical treatment) – and set against a background of shifting modes of governmentality (here, the movement from medicalisation to legalisation). Through an analysis of the forms of legal power in this particular context, the article also has a broader purpose – to advance an alternative approach to the question of power within the academic medical law field. Specifically, unlike the standard form of legal academic inquiry in this area – that is, one which is driven mainly by a concern for ethics and resolving ethical dilemmas – it is suggested that an appreciation of the importance that institutional context(s) and requirements play in medical law is necessary if we are to understand fully both the factors constitutive of legal power and the subtle, and often controversial, effects that flow from the manner in which it is exercised and asserted.

1911 ◽  
Vol 4 (4) ◽  
pp. 477-488
Author(s):  
Douglas C. Macintosh

Systematic theology is, and of right ought to be, primarily practical. In the first place, true religion is both one of the ends of an ideal human life and, in the long run, an indispensable means to the morality which is most essential to human welfare, inner and outer. In the second place, theology is necessary as an instrument for the proper control of the development and expression of religion—a special case of the function of ideas in the control of life. It follows, therefore, that a sound theology is a human necessity. The purpose of the theologian, whatever else it may or must include, must be to find those religious truths which are essential to the vitality and efficiency of the best type of human religion.That this has really been the aim of theologians in the great formative periods of the history of Christian doctrine may readily be shown. The prevailing impression with regard to orthodoxy and excluded heresies is that the distinction between them is arbitrary and external. This is indeed to the modern mind true in large measure of the distinction between the old orthodoxy and heresy; but in their own day this distinction was neither arbitrary nor external. Then it was organically related to the most pressing of problems; it was supremely vital, for the issues involved were nothing short of spiritual life and death.


Author(s):  
David H. Dye

Appropriating and manipulating human body parts was an important component of the belief system throughout much of the world. In eastern North America, Mississippian trophy-taking behavior was predicated on beliefs that focused on human life forces believed to reside in body elements, especially the head and scalp. Archaeologists have generally neglected to apprehend the potent meanings of trophy-taking behavior as a component of indigenous belief systems. Trophy-taking has been traditionally viewed as grounded in competition over economic resources, intercommunity conflict, or the pursuit of personal status and political advancement. This essay explores how Mississippians engaged in trophy-taking behavior, including snaring life forces for religious purposes through raiding and warfare, especially mortuary programs and ritual performances that emphasized the spirit’s journey to the realm of the dead and the enduring cycle of life and death. This alternative approach embraces a multidisciplinary perspective that includes archaeology, bioarchaeology, ethnography, ethnohistory, iconography, mythology, and osteoarchaeology.


2012 ◽  
Vol 17 (1-2) ◽  
pp. 134-157 ◽  
Author(s):  
Benedino Gemelli

AbstractOver a long period of time, particularly from the nineteenth century on, Francis Bacon's philosophy has been interpreted as centred on the Novum organum and focused on the role that a well-organized method may play in securing a reliable knowledge of nature. In fact, if we examine Bacon's oeuvre as a whole, including some recent manuscript findings (De vijs mortis), we can safely argue that the issues addressed in the Novum organum represent only a part of Bacon's agenda, and not even the most important ones. By contrast, it is apparent that, from the very beginning of his investigations, he emphasized the central role of medicine, the need to establish new approaches in the study of the vital functions and the importance of promoting new discoveries in the medical field, not so much to find a cure for the many illnesses that plagued mankind as to prolong human life. In this sense, Historia vitae et mortis plays a central role in Bacon's programme to extend human knowledge and power, for, in his opinion, human beings could recover their lost ability to live a long and healthy life by embarking on careful investigations of nature. Far from being a purely descriptive or abstract exercise, Bacon's historia can therefore be seen as an operative tool to attain some of mankind's basic aims.


2016 ◽  
Vol 2 (2) ◽  
pp. 37-55
Author(s):  
Marlon Butar-butar

Filsafat lahir sejak manusia mulai berpikir, karenanya perannya sangatlah penting dalam hidup dan kemajuan manusia. Tidak ada penemuan tanpa didahuli proses bertanya dan mencari jawabannya. Di sanalah filsafat memainkan peran. Karena itu manusia modern tidak mungkin meninggalkan filsafa. Filsafat tidak menyelidiki salah satu segi dari kenyataan saja, melainkan apa-apa saja yang menarik perhatian manusia. Komposisi filsafat mengandung pertanyaan mengenai asal-usul dan tujuan, tentang hidup dan kematian, tentang hakikat manusia. Sederhananya, berfilsafat adalah kegiatan untuk mencari tahu. Dalam perkembangannya filsafat telah mendominasi ratio manusia untuk menetukan benar salah suatu pemikiran. Perkembangan ini pun sangat dimanfaatkan oleh para ilmuwan, yang akhirnya benar-benar sangat mempengaruhi soal-soal spiritual, termasuk bidang teologia. Dalam sejarah dua bidang ini sangat kuat saling mempengaruhi hingga pada abad pertengahan hingga modern filsafat seolah meninggalkan teologia, akhirnya banyak pihak menjadi antipati terhadapnya, karena dianggap sebagai musuh teologia. Keadaan ini sangat mempengaruhi sikap dan minat belajar mahasiswa di mana penulis berkecimpung, karenanya sebagai satu refleksi tulisan ini dibuat agar dapat mengembalikan peran filsafat dalam teologia. Philosophy was born since humans began to think, therefore its role is very important in human life and progress. There is no discovery without the process of asking questions and finding the answers. That's where philosophy plays a role. Therefore, modern humans can not leave philosophers. Philosophy does not investigate just one aspect of reality, but anything that attracts human attention. The philosophical composition contains questions about the origin and purpose, about life and death, about human nature. Simply put, philosophy is an activity to find out. In its development, philosophy has dominated the human ratio to determine whether a thought is correct. This development was greatly utilized by scientists, who ultimately really greatly influenced spiritual matters, including the field of theology. In the history of these two fields very strongly influenced each other until the Middle Ages to modern philosophy as if leaving theology, eventually many parties became antipathy towards it, because it was considered an enemy of theology. This situation greatly affects the attitudes and students' interest in learning where the author is involved, therefore as a reflection this paper is made in order to restore the role of philosophy in theology.


1998 ◽  
Vol 8 (2) ◽  
pp. 47-74
Author(s):  
Leila Milani ◽  
Kavian Milani

The recent unprecedented explosion of advances in the biological and medical sciences, especially in the arena of technology, has produces a plethora of new bioethical challenges with significant moral, economic, and public policy implications. Inherent in the Bahá’í Revelation is the claim that it contains a universal moral code. The rich field of Bahá’í bioethics has not been studied to date. This article attempts to establish a framework and to open a dialogue within which medical ethical dilemmas may be addressed and analyzed in light of the Bahá’í Faith. Bahá’í psychology (science of the soul) is examined, as it is a prelude to ethical questions. The authors suggest a possible Baha'i scriptural understanding of suffering, theodicy, and the purpose of creation. The definitions of life and death, as well as the purpose of human life, are also explored. Finally, a number of principles from the Bahá’í writings are examined for use in formulating a Bahá’í approach to bioethical dilemmas. It must be noted that this article does not represent the definitive Bahá’í stance on any of the issues discussed; rather, these preliminary observations are only intended to serve as a prelude to a Bahá’í bioethical dialogue.


Author(s):  
Ihsan Sanusi

This article in principle wants to examine the history of the emergence of the conflict of Islamic revival in Minangkabau starting from the Paderi Movement to the Youth in Minangkabau. Especially in the initial period, namely the Padri movement, there was a tragedy of violence (radicalism) that accompanied it. This study becomes important, because after all the reformation of Islam began to be realized by reforming human life in the world. Both in terms of thought with the effort to restore the correct understanding of religion as it should, from the side of the practice of religion, namely by reforming deviant practices and adapted to the instructions of the religious texts (al-Qur'an and sunnah), and also from the side of strengthening power religion. In this case the research will be directed to the efforts of renewal by the Padri to the Youth towards the Islamic community in Minangkabau. To discuss this problem used historical research methods. Through this method, it is tested and analyzed critically the records and relics of the past. In analyzing the data in this research basically used approach or interactive analysis model by Miles and Huberman. In this analysis model, the three components of the analysis are data reduction, data presentation, and conclusion drawing or verification, the activity is carried out in an interactive form with the process of collecting data as a process that continues, repeats, and continues to form acycle.


Metahumaniora ◽  
2019 ◽  
Vol 9 (1) ◽  
pp. 54
Author(s):  
Erlina Zulkifli Mahmud ◽  
Taufik Ampera ◽  
Yuyu Yohana Risagarniwa ◽  
Inu Isnaeni Sidiq

Kedudukan dan fungsi bahasa sebagai alat komunikasi manusia mencakup seluruh bidang kehidupan termasuk ilmu pengetahuan antara lain terkait sejarah peradaban manusia; bagaimana manusia mempertahankan hidupnya, bagaimana manusia memperlakukan alam, bagaimana alam menyediakan segala kebutuhan manusia. Apa yang dilakukan manusia saat ini, saat lampau, dan apa yang dilakukan manusia jauh di masa prasejarah, bagaimana kondisi alam di masa-masa tersebut, apa perubahan dan perkembangannya, dapat didokumentasikan melalui bahasa, divisualisasikan kembali, lalu dipajang sebagai salah satu upaya konversai dan preservasi dalam satu institusi yang disebut museum. Penelitian ini membahas kedudukan dan fungsi bahasa dalam permuseuman. Bagaimana kedudukan dan fungsi bahasa dalam permuseuman baik dalam informasi yang disampaikan oleh pemandu wisata museumnya maupun yang terpajang menyertai benda-benda dan gambar-gambar merupakan tujuan dari penelitian ini. Metode penelitian yang digunakan adalah gabungan antara metode lapangan dan metode literatur. Hasil penelitian menunjukkan bahwa secara umum kedudukan bahasa Indonesia berada pada urutan pertama setelah Bahasa Inggris dan keberadaan kedua bahasa dalam permuseuman ini melibatkan dua fungsi utama bahasa, yakni fungsi komunikatif dan fungsi informatif.The existence and function of language  as a medium of communication covers all fields of human life including knowledge, one of them is the history of human civilization; how humans survived, how human utilized nature for their lives, and how nature provides all the necessities for humans. What humans have been doing now, what they have done in the past and far before that in the pre-history time, how the conditions of the nature at those times were and what changes as well as progresses occurred are documented using language, then re-visualized,  displayed as one of conservation and preservation acts in an institution called museum. This research discusess the existence and function of language in museums. How important the existence of a language in museums and what language functions used in museums both in informations given by the museum guides and on the displays accompanying objects and pictures are the aims of this research. The methods used are the combination between field research and library research. The results show that generally the existence of Indonesian language plays more important role than English and both languages have two main functions; communicative function and informative function.     


2020 ◽  
Vol 4 (1) ◽  
pp. 67-86
Author(s):  
Elisabeth Heyne

AbstractAlthough visual culture of the 21th century increasingly focuses on representation of death and dying, contemporary discourses still lack a language of death adequate to the event shown by pictures and visual images from an outside point of view. Following this observation, this article suggests a re-reading of 20th century author Elias Canetti. His lifelong notes have been edited and published posthumously for the first time in 2014. Thanks to this edition Canetti's short texts and aphorisms can be focused as a textual laboratory in which he tries to model a language of death on experimental practices of natural sciences. The miniature series of experiments address the problem of death, not representable in discourses of cultural studies, system theory or history of knowledge, and in doing so, Canetti creates liminal texts at the margins of western concepts of (human) life, science and established textual form.


2013 ◽  
Vol 54 (1) ◽  
pp. 35-47
Author(s):  
Jerzy Święch

Summary Adam Ważyk’s last volume of poems Zdarzenia (Events) (1977) can be read as a resume of the an avant-garde artist’s life that culminated in the discovery of a new truth about the human condition. The poems reveal his longing for a belief that human life, the mystery of life and death, makes sense, ie. that one’s existence is subject to the rule of some overarching necessity, opened onto the last things, rather than a plaything of chance. That entails a rejection of the idea of man’s self-sufficiency as an illusion, even though that kind of individual sovereignty was the cornerstone of modernist art. The art of late modernity, it may be noted, was already increasingly aware of the dangers of putting man’s ‘ontological security’ at risk. Ważyk’s last volume exemplifies this tendency although its poems appear to remain within the confines of a Cubist poetics which he himself helped to establish. In fact, however, as our readings of the key poems from Events make clear, he employs his accustomed techniques for a new purpose. The shift of perspective can be described as ‘metaphysical’, not in any strict sense of the word, but rather as a shorthand indicator of the general mood of these poems, filled with events which seem to trap the characters into a supernatural order of things. The author sees that much, even though he does not look with the eye of a man of faith. It may be just a game - and Ważyk was always fond of playing games - but in this one the stakes are higher than ever. Ultimately, this game is about salvation. Ważyk is drawn into it by a longing for the wholeness of things and a dissatisfaction with all forms of mediation, including the Cubist games of deformation and fragmentation of the object. It seems that the key to Ważyk’s late phase is to be found in his disillusionment with the twentieth-century avant-gardes. Especially the poems of Events contain enough clues to suggest that the promise of Cubism and surrealism - which he sought to fuse in his poetic theory and practice - was short-lived and hollow.


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