scholarly journals Polskie prawo karne wobec problemów etycznych związanych z transplantologią

Author(s):  
Olga Sitarz

The purpose of this publication is to systematize the present ethical problems relating to transplantation and to confront them with penal legislation, from which norms prohibiting certain types of conduct with regard to transplantations may be derived. The starting point for the analysis is a consideration of the fundamental ethical values required both in the treatment process as such and in transplantation in particular (principle of respect for autonomy, nonmaleficence, benevolence, and justice). Therefore, the problem of admissibility of transplantology as such must be touched upon, along with its tenets and preconditions and, most importantly, with commercialization of the organs intended for transplantation. In the Polish legal system, transplantation is regulated by the 2005 Act on the Removal, Storage and Transplantation of Cells, Tissues and Organs. The Act is a specific Polish response to the doubts and dilemmas relating to transplantation. In this context, special significance attaches to the penal provisions which impose liability for transplantation-related crimes. It is noteworthy that criminalization of paid activities relating to transplantation has a rather complex and specific history. It follows from the evolving evaluation of the social harmfulness of prohibited acts, which in itself gives rise to certain controversies. There are also doubts as regards the object of protection of some crime definitions and the scope of criminalization.

2021 ◽  
Vol 43 (3) ◽  
pp. 155-179
Author(s):  
Wojciech Zalewski

The introduction of social harmfulness (social danger) to Polish criminal law after the Second World War was politically motivated. For many, this circumstance was sufficient to formulate postulates about the necessity to remove this premise of criminal liability. Social harmfulness still remains controversial today. Before, criminal law was seen as a tool. Currently, it is to be an ultima ratio. It is clear that determining the essence of the crime and its nature, introducing into the law “what belongs to literature”, was necessary in the legal system of a totalitarian state, imposing its views and morals on society. In a legal system of a democratic state, a state ruled by law, a statutory ideological declaration regarding the essence of a crime seems redundant. However, changing the nomenclature is not enough here — there is a possibility of weakening the guaranteeing criminal law function. The social harmfulness premise contributes to the heterogeneity of jurisprudence, even in cases concerning serious crimes. The author is of the opinion that limiting the number of minor cases from the point of view of the state’s right to punish, which paralyzes the judiciary with their sheer number, should take place in a different way than introducing the social harmfulness of an act as a criterion determining the culpability. The currently adopted solution seems irrational and non-functional from the perspective of the legal certainty principle. A more appropriate move seems to be the assessing the advisability of prosecuting an act, i.e. by introducing and implementing the principle of opportunism in criminal proceedings.


2005 ◽  
Vol 49 (4) ◽  
pp. 805-821 ◽  
Author(s):  
Şebnem Bahadır

Abstract My starting point in this article is the community interpreter who works in social, medical and legal settings, under specific conditions, confronting very delicate ethical problems. In search of a theoretical framework that accounts for the social roles and cultural identities of the community interpreter I began to re-read the German anthropologist and conference interpreter Heinz Göhring. His articles can be positioned between German Studies (‘Deutsch als Fremdsprache‘), intercultural communication studies (including cultural anthropology) and translation studies. I start out with his view of an ideal translator/ interpreter as cultural expert acting like a “mini-ethnographer” and try to go beyond Göhring by connecting his ideas to the concept of the critical ethnographer as model for a professional community interpreter. In this theoretical discussion I want to show how a synthesis of the framework proposed by Göhring and recent anthropological theories can be used for a new professional profile of the interpreter, not only in community settings but in general. Besides aspects concerning translation/ interpreting politics, I wish to foreground that a re-thinking of interpreter roles would/ should also affect translation/ interpreting pedagogy and research.


10.23856/3101 ◽  
2018 ◽  
Vol 31 (6) ◽  
pp. 11-18
Author(s):  
Jacek Wiatrowski ◽  
Anna Nowicka

The profession of a lawyer, notary or legal adviser is commonly perceived as a profession of special significance for society, and also as a public service for the protection of higher-order goods such as the social order of the rights of individual freedom, health, life or personal or social property. Ethical values during the performance of these professions, detailed standards of professional ethics, observance of the rules of diligence and professional secrecy are some of the attributes of these professions that make them professionals of a special character in the social dimension - these are jobs endowed with a huge loan of social trust.


2014 ◽  
Vol 55 (1-2) ◽  
pp. 131-144
Author(s):  
Suzanne Marie Francis

By the time of his death in 1827, the image of Beethoven as we recognise him today was firmly fixed in the minds of his contemporaries, and the career of Liszt was beginning to flower into that of the virtuosic performer he would be recognised as by the end of the 1830s. By analysing the seminal artwork Liszt at the Piano of 1840 by Josef Danhauser, we can see how a seemingly unremarkable head-and-shoulders bust of Beethoven in fact holds the key to unlocking the layers of commentary on both Liszt and Beethoven beneath the surface of the image. Taking the analysis by Alessandra Comini as a starting point, this paper will look deeper into the subtle connections discernible between the protagonists of the picture. These reveal how the collective identities of the artist and his painted assembly contribute directly to Beethoven’s already iconic status within music history around 1840 and reflect the reception of Liszt at this time. Set against the background of Romanticism predominant in the social and cultural contexts of the mid 1800s, it becomes apparent that it is no longer enough to look at a picture of a composer or performer in isolation to understand its impact on the construction of an overall identity. Each image must be viewed in relation to those that preceded and came after it to gain the maximum benefit from what it can tell us.


Author(s):  
Iván Cisternas Villacura

  RESUMEN El presente artículo es una reflexión sobre la práctica del trabajo social en el rol de perito social forense dentro del sistema de administración de justicia, donde su labor se funda en mediar entre la realidad del periciado –sujeto del que se debe dar cuenta en una investigación judicial– y quien requiere de los antecedentes necesarios para que el “Juez” dicte sentencia, lo que habitualmente genera un “conflicto de interpretaciones”. En tal sentido, es relevante discutir las dificultades que deben enfrentar las y los trabajadores sociales, en cuanto a la comprensión de una realidad cada vez más compleja, y al conflicto que se genera entre las interpretaciones de los mundos de vida de las personas y los requerimientos del sistema judicial chileno. Palabras clave: Pericia judicial social forense - Trabajo Social Pericial - Conflicto de interpretaciones. A compreensão dos conflitos de interpretação na prática do perito social forense RESUMO O presente artigo é uma reflexão sobe a prática do trabalho social no rol de perito social forense dentro do sistema de administração de justiça; onde seu labor funda-se em mediar entre a realidade do periciado – pessoa de quem se deve dar conta numa investigação judicial – e quem precisa dos antecedentes necessários para que o “Juiz” determine sentencia o que habitualmente, gera um “conflito de interpretações”. Neste sentido, é relevante discutir as dificuldades que devem enfrentar as e os trabalhadores sociais, em quanto á compreensão de uma realidade cada vez mais complexa, e ao conflito que se gera entre as interpretações dos mundos de vida das pessoas e aos requerimentos do sistema judicial chileno. Palavras chave: Pericia judicial social forense - Trabalho Socia Pericial - Conflito das interpretações. Understanding the conflicts of interpretation in the social forensic expert practice ABSTRACT This article is a reflection on social work practice in the social role forensic expert plays in the legal system, where their job is based on mediating between ‘periciado’ – individual who is being charged during a trial at the court and requires the necessary case background for the ‘Judge’ to deliver judgment, which usually generates a “conflict of interpretations”. In this view, it is relevant to discuss the difficulties faced by social workers, in terms of understanding an increasingly complex reality, and the conflict that emerges among the interpretations of the life of people and Chilean legal system requirements. Keywords: Forensic Social Legal Expertise - Forensic Social Work – Conflict of interpretations


2020 ◽  
Author(s):  
César Costa Vitorino

The book “In search of explanations about African words: an investigation in some Brazilian dictionaries and / or glossaries (1889-2006)” raises controversial and relevant questions about the usefulness of Africanism for Brazil and the delimitation between Afro-Brazilian and africanists studies. The work is one of the results of the work that the author has been developing throughout his long and rich academic life. The author shows enthusiasm for the study of Brazilian Africanism, especially in what concerns on the relationships that are established between words and culture.It shows the participation of African languages in the constitution of the Brazilian Portuguese lexicon, since it considers that studies in this area have been taking place very slowly. Therefore, this work intends to promote the production of future researches that discuss about the social place of African words in Brazilian Portuguese. It makes a point of which we should have no doubt in affirming - unequivocally and systematically - that one can speak of Brazilian Africanism. It takes as a starting point the analysis of dictionaries and glossaries (1889-2006), while taking a retrospective look.It reflects, with such observation, about what is classified as Africanism in the Brazilian Portuguese lexicon. It suggests the need to draw a line between Afro-Brazilian and Africanists studies. Finally, it is expected that such a work can bring new look and perspectives. It is even verified that, in his text, there is a lot of work for everyone. That´s why this work in this book is considered by the author as a singular value.


Author(s):  
M.V. Medvedev , G.N. Suvorov , S.S. Zenin et all

Objectives. The purpose of this study is to study the essence of ethical problems that arise in the field of genetic screening for prenatal diagnosis (PND) and determine possible ways to overcome them by legal means, taking into account the existing foreign experience. Materials and methods. Normative legal acts and doctrinal sources of Great Britain, Germany, Ireland, France and Switzerland are studied. Methods used: General philosophical, General scientific, private scientific, special (structural-legal, comparative-legal, formal-legal). Results. Ways to resolve ethical problems that arise or may arise in the future as a result of genetic screening for PND, which can be applied within the Russian legal system, are proposed. Conclusions. It is stated that most of the identified ethical problems are related to the lack of normative consolidation of the legal status of the fetus. It is presumed that the beginning of ethics should serve as the guide for legislation in this area. At the same time, it is emphasized that the legal regulation of genetic screening in PND should be flexible enough to optimally ensure the interests of all participants in these relationships. In addition, in this direction, it seems appropriate to refer to the experience of a number of foreign countries, whose legislation provides for fairly strict requirements in the field of PND.


2021 ◽  
Vol 9 (6) ◽  
pp. 1293
Author(s):  
Gaspar A. Pacheco ◽  
Nicolás M. S. Gálvez ◽  
Jorge A. Soto ◽  
Catalina A. Andrade ◽  
Alexis M. Kalergis

The human respiratory syncytial virus (hRSV) is one of the leading causes of acute lower respiratory tract infections in children under five years old. Notably, hRSV infections can give way to pneumonia and predispose to other respiratory complications later in life, such as asthma. Even though the social and economic burden associated with hRSV infections is tremendous, there are no approved vaccines to date to prevent the disease caused by this pathogen. Recently, coinfections and superinfections have turned into an active field of study, and interactions between many viral and bacterial pathogens have been studied. hRSV is not an exception since polymicrobial infections involving this virus are common, especially when illness has evolved into pneumonia. Here, we review the epidemiology and recent findings regarding the main polymicrobial infections involving hRSV and several prevalent bacterial and viral respiratory pathogens, such as Staphylococcus aureus, Pseudomonas aeruginosa, Streptococcus pneumoniae, Haemophilus influenzae, Moraxella catarrhalis, Klebsiella pneumoniae, human rhinoviruses, influenza A virus, human metapneumovirus, and human parainfluenza viruses. As reports of most polymicrobial infections involving hRSV lack a molecular basis explaining the interaction between hRSV and these pathogens, we believe this review article can serve as a starting point to interesting and very much needed research in this area.


2021 ◽  
Vol 51 (2) ◽  
pp. 176-192
Author(s):  
Nadia Ruiz

Brian Epstein has recently argued that a thoroughly microfoundationalist approach towards economics is unconvincing for metaphysical reasons. Generally, Epstein argues that for an improvement in the methodology of social science we must adopt social ontology as the foundation of social sciences; that is, the standing microfoundationalist debate could be solved by fixing economics’ ontology. However, as I show in this paper, fixing the social ontology prior to the process of model construction is optional instead of necessary and that metaphysical-ontological commitments are often the outcome of model construction, not its starting point. By focusing on the practice of modeling in economics the paper provides a useful inroad into the debate about the role of metaphysics in the natural and social sciences more generally.


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