scholarly journals Control over the Human Body Before and After Death: The Civil Law Aspect

2020 ◽  
Vol 7 (3) ◽  
pp. 104-135
Author(s):  
L. Novoselova
Keyword(s):  
Property Rights ◽  
Human Body ◽  
Legal Status ◽  
Living Will ◽  
The Body ◽  
Human Being ◽  
Real Property ◽  
Before And After ◽  
The Right ◽  
The Impact

In this article, an attempt is made to determine the legal status of the human body (organs and tissue) both while a person is alive and after a person dies. The article discusses the points of view of various authors in relation to the possibility of considering the human body, its organs and tissue, after their separation from the body, as objects of a person’s property rights, and also as an object of a person’s non-property rights. The article argues the impossibility of qualifying the human body and the organs that were not separated from it during life as parts – and perhaps critical parts – of the existence of the total human being, as objects of real (property) rights including the rights of the persons themselves. The human body as a single object is a personal non-property benefit. The organs and tissue separated from the body may be considered objects of real rights, but on several conditions: if they were indeed separated from the body and if the person gave permission for this in a will. The specific characteristics of the legal status of the separated organs and tissue of a human being are analyzed as things (possessions) with limited turnover. The specific characteristics of the legal status of the organs and tissue separated from the body as possessions in limited turnover are reviewed as well as the impact of personal non-property rights on this status. The main focus of the article is on the legal status of the human body and the organs separated from it after death in view of the fact that transplantology and postmortem organ donation are becoming more and more widespread. This issue is analyzed in terms of the body as a whole and as it applies to the organs and tissue that are not used for transplantation. The proposal is to base our analysis on the status of the human body after death which as a rule cannot be the object of property rights. The human body is disposed of within the framework of the protection of the personal non-property rights of the deceased, including the right of physical inviolability that covers the organs and tissue separated from the body. The article characterizes the legal nature of living wills when people give instructions as to the procedure of their burial and other means of handling their body, including donation of their bodies to science. The article examines the possibility of the right of ownership to organs and tissue separated from the body after death. This right can exist if a complex legal construct is present, including a direct or assumed living will of the person. The specific characteristics of living acts concerning the possibility of after-death organ and tissue harvesting for further use, including for transplantation purposes, and the differences between such acts and last wills are determined.

Selected health issues related to high altitude trekking

2021 ◽  
Vol 33 (1) ◽  
pp. 41-65
Author(s):  
Hanna Prószyńska-Bordas ◽  
Katarzyna Baranowska
Keyword(s):  
High Altitude ◽  
Physical Exertion ◽  
Well Being ◽  
The Body ◽  
High Mountain ◽  
Heavy Equipment ◽  
Before And After ◽  
Unbalanced Diet ◽  
The Right ◽  
The Impact

The aim of the paper was to investigate health aspects of high altitude trekking such as preparation for the physical exertion during trekking at high altitude, the impact of mountaineering on the daily life before and after the expedition, the effect of high-mountain conditions on health and well-being. It was found that in the pre-departure period trekkers commonly train to ensure that they are physically fit for the expedition. They train alone or under the supervision of a trainer. Self-prepared workouts may turn out to be insufficient due to the lack of appropriate training plans. The most challenging aspects of high altitude trekking for the body include carrying too heavy equipment, dealing with illegibly marked routes, wearing inappropriate clothing, having an unbalanced diet, not having enough water, which can lead to dehydration and infections. Misconduct by other people poses a risk. The specific type of effort involved in mountaineering requires balanced nutrition in terms of both micro- and macro-elements. To find the right combination, one has to either experiment or seek advice from a dietitian. However, relatively few people consult a nutrition coach. Among sanitary problems, the most serious one is inappropriate human waste disposal, the resulting lack of drinkable water. Some of the observed problems result from insufficient regulations regarding the conduct in the mountains and from trekkers’ lack of awareness regarding good practices in such extreme conditions.

scholarly journals STATUS HUKUM HAK MILIK ATAS TANAH YANG TERKENA ABRASI

2020 ◽  
Vol 13 (1) ◽  
pp. 96-107
Author(s):  
Dwi Susiati ◽  
Sri Setiadji
Keyword(s):  
Property Rights ◽  
Government Regulation ◽  
Legal Status ◽  
Land Rights ◽  
Land Registration ◽  
The Status ◽  
The Law ◽  
The Government ◽  
The Right ◽  
The Impact

Abrasion is a natural disaster that results in the owner of the right to land losing the right to control, use or take advantage of the land, because the land is lost in part or in whole due to erosion by water. Article 27 of the Law On Agraria determines that property rights over land are destroyed if the land is destroyed. In this study, the author will analyze the legal status of property of land affected by abrasion with the formulation of the problem What is the legal status of property rights on land affected by abrasion according to Government Regulation Number 24 of 1997 concerning Land Registration and how to guarantee the protection of affected land rights abrasion. The results of this study are that the status of land rights affected by abrasion is abolished, both in the provisions of the Law On Agraria and Government Regulation Number 24 of 1997 concerning Land Registration because it is no longer compatible with physical data or juridical data as a strong evidence. The government has an obligation to provide guarantees and protection of rights to land affected by abrasion and those that have been affected by abrasion in part or in whole. On the basis of the state's right to control Article 2 of the Law On Agraria the state has the right to regulate land use, inventory, and maintenance to prevent and reduce the impact of abrasion on its citizens. The government can also provide compensation as contained in Article Number 24 of 2007 concerning Disaster Management which determines that the Government and regional governments are responsible for the implementation of disaster management.Abrasi merupakan bencana alam yang mengakibatkan pemilik hak atas tanah kehilangan hak untuk menguasai, menggunakan, atau mengambil manfaat atas tanah, karena tanah tersebut hilang sebagian atau seluruhnya akibat pengikisan oleh air. Pasal 27 UUPA menentukan hak milik atas tanah hapus, apabila tanahnya musnah. Pada penelitian ini, penulis akan menganalisa tentang status hukum hak milik atas tanah yang terkena abrasi dengan rumusan masalah Bagaimana status hukum hak milik atas tanah yang terkena abrasi menurut PP No. 24 Tahun 1997 tentang Pendaftaran Tanah  dan bagaimana jaminan perlindungan hak-hak tanah yang terdampak abrasi. Hasil dari penelitian ini adalah bahwa status hak atas tanah yang terkena abrasi adalah hapus, baik dalam ketentuan UUPA maupun PP No. 24 Tahun 1997 tentang Pendaftaran Tanah karena tidak sesuai lagi dengan data fisik maupun data yuridis sebagai alat bukti yang kuat. Pemerintah mempunyai kewajiban untuk memberikan jaminan dan perlindungan hak-hak atas tanah yang terdampak abrasi maupun yang sudah terkena abrasi baik sebagian maupun seluruh tanahnya. Atas dasar hak menguasai oleh negara Pasal 2 UUPA negara berhak mengatur peruntukan, penggunaan, persediaan,dan pemeliharaan tanah untuk mencegah dan mengurangi dampak abrasi bagi warga negaranya. Pemerintah juga dapat memberikan ganti kerugian sebagaimana yang ada di dalam UU No. 24 Tahun 2007 tentang Penanggulangan Bencana yang menentukan bahwa Pemerintah dan pemerintah daerah menjadi penanggung jawab dalam penyelenggaraan penang-gulangan bencana.

An initial investigation into the effects of the equine transeva technique (pulsating current electrotherapy) on the equine Gluteus superficialis

2021 ◽  
pp. 1-10
Author(s):  
H. Knaggs ◽  
G. Tabor ◽  
J.M. Williams
Keyword(s):  
Motor Neurons ◽  
Pretreatment Condition ◽  
Negative Change ◽  
Temporal Variables ◽  
Before And After ◽  
The Right ◽  
The Impact ◽  
Athletic Horse ◽  
Pulsating Current ◽  
Larger Sample

The equine transeva technique (ETT), is a novel electrotherapy, which utilises pulsating current electrotherapy to target sensory and motor neurons. The technique may facilitate increased circulation and correction of musculoskeletal issues and injuries, such as tendon and ligament tears and muscle atrophy. Despite the importance of understanding the impact of ETT on horses, no current scientific research exists in this area. This preliminary study investigated the effects of ETT on the musculoskeletal system of the horse, specifically within the Gluteus superficialis (GS). Using surface electromyography, muscle workload was measured in 11 sound and healthy horses of varying breeds and disciplines within the inclusion criteria. Integrated electromyography (iEMG) calculated the percentage change in maximal contractions before and after ETT treatment during one minute trials at 30 s intervals. An ANCOVA determined if these constituted significant changes (Bonferroni adjusted alpha: P≤0.02). Significant differences in muscle workload were found on the left side between pre- and post-treatment readings across trials (P≤0.02), however no significant changes occurred for the right side. The majority of horses (82%; n=9) experienced bilateral changes, with 78% of these (n=7) exhibiting a negative change in muscle workload recorded from the pretreatment condition, which may indicate muscular relaxation. The results suggest ETT may have some effect on muscle workload in the athletic horse, however further research is needed to confirm the effects observed. Future studies should include randomising the side which is treated first, a larger sample size, expansion of temporal variables and consideration of a longitudinal study to determine if these trends accrue over multiple maintenance-purposed treatments.

scholarly journals The disorderly body: considerations of The Book of Numbers, 19 and ritual impurity after contact with a corpse

2011 ◽  
Vol 23 ◽  
pp. 197-205
Author(s):  
Sandra Junker
Keyword(s):  
Hebrew Bible ◽  
Human Body ◽  
The Body ◽  
Human Being ◽  
Dead Body ◽  
Life And Death ◽  
Living Body ◽  
The People ◽  
The Dead ◽  
Living Creature

This article deals with the idea of ritual bodily impurity after coming into contact with a corpse in the Hebrew Bible. The evanescence and impermanence of the human body testifies to the mortality of the human being. In that way, the human body symbolizes both life and death at the same time; both conditions are perceivable in it. In Judaism, the dead body is considered as ritually impure. Although, in this context it might be better to substitute the term ‘ritually damaged’ for ‘ritually impure’: ritual impurity does not refer to hygienic or moral impurity, but rather to an incapability of exercising—and living—religion. Ritual purity is considered as a prerequisite for the execution of ritual acts and obligations. The dead body depends on a sphere which causes the greatest uncertainty because it is not accessible for the living. According to Mary Douglas’s concepts, the dead body is considered ritually impure because it does not answer to the imagined order anymore, or rather because it cannot take part in this order anymore. This is impurity imagined as a kind of contagious illness, which is carried by the body. This article deals with the ritual of the red heifer in Numbers 19. Here we find the description of the preparation of a fluid that is to help clear the ritual impurity out of a living body after it has come into contact with a corpse. For the preparation of this fluid a living creature – a faultless red heifer – must be killed. According to the description, the people who are involved in the preparation of the fluid will be ritually impure until the end of the day. The ritual impurity acquired after coming into contact with a corpse continues as long as the ritual of the Red Heifer remains unexecuted, but at least for seven days. 

scholarly journals Methodological Peculiarities of the Usage of Stretching Techniques in the Process of Flexibility Development

2017 ◽  
pp. 127-130
Author(s):  
Oksana Romaniuk ◽  
Bohdan Zadvornyi
Keyword(s):  
Human Body ◽  
Physiological Mechanism ◽  
Semantic Content ◽  
Scientific Data ◽  
Physical Activities ◽  
The Body ◽  
Human Being ◽  
Practical Application ◽  
Stretching Exercises

The article is devoted to theoretical and methodological substantiations of the body flexibility development practically applying the stretching techniques. It was generalized scientific data on the organization and methodological features of stretching exercises. Semantic content and structural componential model of stretching usage in the process of flexibility development and the estimation of the changes of this characteristic according to the age were carried out. In particular, some parameters were highlighted especially which allow to recommend that methodology both for individual and group usage were analyzed. Besides, it was analyzed the diversity of physiological mechanism of the influence of stretching on human body, especially it was singled out the effect on mental and physical spheres of human being. The generalized scientific data on the theoretical and practical aspects of flexibility development with the help of stretching techniques indicate the priority of usage of this method in many types of physical activities irrespective of the scope of its practical application.

scholarly journals La complejidad del cuidado del cuerpo en ambientes obesogénicos / The Complexity of Pampering Obesogenic Environments

2016 ◽  
Vol 5 (1) ◽  
pp. 103-111
Author(s):  
Carlos Rios Llamas
Keyword(s):  
Production Process ◽  
Human Body ◽  
The Body ◽  
The Self ◽  
Industrial Society ◽  
Human Being ◽  
Obesogenic Environment ◽  
Care Of The Self ◽  
Siglo Xx ◽  
Obesogenic Environments

ABSTRACTFoucault conceived the human being as defined by biopower forces. After that, the industrial society treated the body as an element of the production process, and the care of the self was derived to healthcare institutions. Recently, Paula Sibilia studied the industrial human being from the capitalism on his transformation through technology and digital hybrids. She thinks that the human body could be at the end in the form we know it. But in the perspectives of both Foucault and Sibilia, the body projects could be at their own obsolescence because they leave a key element aside: the obesogenic environment which is implicit into the current modern technological society. This abstract pretends to visualize how body projects and modernity are interconnected and confronted, from their assumptions and fundamentals, against obesity. RESUMENDe acuerdo con Faucault el cuerpo humano es modelado a partir de dispositivos que corresponden con las formas de poder y con las funciones que se le asignan en una sociedad y en una situación espaciotemporal específica. En esta lógica, el cuidado del cuerpo frente a la obesidad como amenaza, se habría de estudiar desde el entorno social y su evolución en las últimas décadas. Así, mientras que a mediados del siglo XX, las sociedades industriales definieron el cuerpo por su utilidad en los procesos de producción, y el cuidado de uno mismo se derivó a las instituciones como garantes del bienestar, en las últimas décadas las hibridaciones tecnológicas y digitales amenazan el cuerpo biológico y cultural en la forma que lo conocemos. Algunos autores indican que esta forma de cuerpo podría llegar a su fin ante la imbricación de nuevos aditamentos como prótesis, dopaje y alteraciones quirúrgicas. En una lectura desde el margen de los avances en el campo tecnocientífico y biopolítico, todos los proyectos de corporeidad encontrarían hoy su propia obsolescencia ante la obesidad que se instituye como pandemia y que amenaza al cuerpo desde la cultura, la medicina, la economía, la política y los estudios ambientales. Es oportuno, entonces, develar los vínculos entre el cuidado del cuerpo y la contemporaneidad, y desde la obesidad como amenaza de los supuestos avances tecnocientíficos. Por eso, en la conceptualización de “ambientes obesogénicos” se abre una posibilidad para analizar el proyecto contemporáneo de cuerpo desde los espacios donde se construye y se modela su cuidado, y a partir de sus formas de resistencia ante los cambios tecnocientíficos.

Animality in Eschatological Transformation

2018 ◽  
pp. 146-172
Author(s):  
Eric Daryl Meyer
Keyword(s):  
Human Body ◽  
Human Life ◽  
The Body ◽  
Sexual Expression ◽  
Human Being ◽  
Eucharistic Theology ◽  
Vital Functions

Chapter 6 takes up the end of the human story with God, the eschatological transformation of the human being through the resurrection of the body end entry into perfect communion with God. Conventionally, theologians have imagined resurrected of human body as being whole and intact, but with several basic vital functions negated—namely digestion and sexual expression. Arguing that such a maneuver safeguards the materiality of the human body precisely by negating its animality, this chapter seeks to construct a vision of transformed human life with God in which digestion and sexual expression are at the center of human communion with God and fellow creatures. The chapter’s efforts are aided by the wealth of the tradition itself: biblical and liturgical imagery such as the wedding feast of the Lamb, eucharistic theology, and Christian nuptial mysticism.

International Law and its Impact on The Hijaz

The Hijaz ◽  
2018 ◽  
pp. 155-204
Author(s):  
Malik R. Dahlan
Keyword(s):  
Legal Status ◽  
The Self ◽  
Self Determination ◽  
Holy See ◽  
The Status ◽  
Unique Approach ◽  
The Difference ◽  
Nuanced Understanding ◽  
The Right ◽  
The Impact

Chapter 6 is an international legal examination of the status of The Hijaz in the aftermath of its conquest and absorption into a Saudi personal union. It discusses the impact of the 1933 Montevideo Convention on the Rights and Duties of States as well as the Territorial Principle. The Chapter tackles the legal question of secession and warns against the pitfalls of the ‘Self-Determination Trap’. It draws lessons from the difference between involuntary extinction of states as opposed to their creation. By looking at the cases of Czechoslovakia and Quebec it tackles the issue of ‘the Right to Secession by Agreement’. The Chapter reflects on lessons from Scotland, Catalan and Kurdistan highlighting that The Hijaz presents us with a delicate and nuanced understanding of ‘Internal Self-Determination’ and ‘Autonomy’ establishing, de facto, an international legal status of “Self-Determination Spectrum Disorder”. A special status calls for an active and special legal solution. The notion of a broader integrative role for The Hijaz and the broader Islamic world. The potential integrative institutionalization of The Hijaz is investigated bringing to bare a unique approach to self-determination that would entail coupling autonomy with international territorial administration. The propositions under this Chapter are supported by looking at other sui generis entities such as the Holy See being sovereigns without being states.

1. Introduction to Property and Land

2019 ◽  
pp. 1-27
Author(s):  
Martin George ◽  
Antonia Layard
Keyword(s):  
Property Rights ◽  
Residential Area ◽  
Third Party ◽  
Real Property ◽  
Personal Property ◽  
The Third ◽  
English Law ◽  
The Third Party ◽  
The Right ◽  
Ownership Rights

Land is an important commodity in society that it is both permanent and indestructible, two features which distinguish it from other forms of property. More than one person can have a relationship with the land and share the right to possess it. The right to possess a land is known as ownership right, but it is also common for people to have enforceable rights in other people’s land. This is the third party right, an example of which is where the owner of a house in a residential area agrees with neighbours that the house will only be used as a residence. This chapter discusses land and property rights, ownership rights, third party rights, and conveyancing. It also examines the distinction in English law between real property and personal property, the meaning of land, items attached to the land, fixtures and fittings, and incorporeal hereditaments.

scholarly journals PRE AND POSTPRANDIAL THERMOGRAPHIC PROFILE OF GREEN IGUANAS (IGUANA IGUANA)

2016 ◽  
Vol 73 (2) ◽  
pp. 425
Author(s):  
Simona Rusu ◽  
Zdenek Knotek ◽  
Radu Lacatus ◽  
Ionel Papuc
Keyword(s):  
Heat Transfer ◽  
Body Temperature ◽  
Temperature Difference ◽  
The Body ◽  
Significant Difference ◽  
Before And After ◽  
Significant Temperature ◽  
Green Iguanas ◽  
The Right ◽  
Head Temperature

Abstract The body temperature of 10 clinically healthy green iguanas (Iguana iguana) was measured using a thermographic camera (FLIR E6, Flir Systems Sweden) before and after the food was offered. For each animal there were performed a total of 6 measurements (3 before feeding and 3 after the food was offered). The purpose of this experiment was to observe the thermographic pattern of the body before and after the feeding, since herbivore reptiles tend to bask after the feeding to increase the body temperature that will help them afterwards digest the food. The animals were housed in individual vivariums with every animal having a basking spot available. The pictures were taken outside the vivarium in an adjacent room. The animals were handled with gloves and transported in a cardboard box in order to avoid heat transfer between the handler and the iguana that would have produced thermal artefacts. Each individual was placed on a table on a styrofoam slate, again, to avoid the heat transfer between the table and the animal`s body. For each animal a total of 4 pictures were taken (up, front, left and right). The pictures were analysed with the FLIR Tools program that is provided by the manufacturer and 3 temperatures were taken into consideration (the head temperature, body temperature on the right side and body temperature on the left side). The temperatures were compared between them and with the temperature of the vivariums that consisted of the average between the temperature in 3 different spots (basking spot, the feeding bowl site and the coldest spot) measured with an infrared thermometer GM300 (Benetech, China). The temperature of the body was dependent on the vivarium temperature and it was a significant temperature difference between the measurements before the feeding and after the feeding. Also we discovered a significant difference between the head temperature and the body temperature on the left side before the feeding that disappeared after the animals ate. There was also a significant difference between the temperature on right side and on left side of the animals both before and after the feeding. No significant temperature difference was observed between the head and the right side of the body neither before nor after the feeding.

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