scholarly journals NATURAL DEATH VS CIVIL DEATH

Author(s):  
Valbona ALİKAJ
Keyword(s):  
2014 ◽  
Vol 8 (2) ◽  
Author(s):  
Nertila Sulçe

Inheritance begins with the birth of ownership, and continues with property rights. Inheritance is an ancient tradition, which the Romans recognized in the Twelve Tables (303 BC), in their priority of testamentary rights. Such principles have their origin in a primitive community, although, at that time, there were no genuine inheritance rights. Inheritance is the practice of passing on property, titles, debts, rights, and obligations upon the death of an individual, named the deceased (the person who dies), to the heir, who is the person entitled to receive a share of the deceased's property. This is an action of mortis causa, which happens due to the death of the deceased. The study of inheritance creates interest, because it relates to the law from the time of the deceased’s death, despite the advent of any disagreement. Inheritance by law is applied in cases when the person leaving the inheritance has not made a will, or has made a will only for a part of their property, or when the will is declared invalid. The inheritance initiates, when the deceased dies by natural death or civil death. It initiates in the place where the deceased had their last residence. The major economic and political change that occurred in Albania after the fall of the communist dictatorship, was on 1 November 1994, with the enactment of the Civil Code for the Republic of Albania. The third section and articles 316-418 of this code deal with inheritance. The French Civil Code was published on 21 March 1804. In this, the third book covers different modes of acquiring property, and under the title of “Successions” deals with inheritance, from article 718 onwards. The French and Albanian inheritance traditions share similarities and disparities. In this paper, we discuss and compare these two inheritance instruments.


Author(s):  
Tyler Lohse

This essay comments on the nature of the language of the law and legal interpretation by exam- ining their effects on their recipients. Two forms of philosophy of law are examined, legal positiv- ism and teleological interpretive theory, which are then applied to their specific manifestations in literature and case law, both relating to antebellum slave law. In these cases, the slave sustains civil death under the law, permissible by means of these legal interpretive strategies.


2018 ◽  
Vol 1 (1) ◽  
pp. 16
Author(s):  
Lisa Guenther

In The Body in Pain, Elaine Scarry analyzes the structure of torture as an unmaking of the world in which the tools that ought to support a person’s embodied capacities are used as weapons to break them down. The Security Housing Unit (SHU) of California’s Pelican Bay State Prison functions as a weaponized architecture of torture in precisely this sense; but in recent years, prisoners in the Pelican Bay Short Corridor have re-purposed this weaponized architecture as a tool for remaking the world through collective resistance. This resistance took the form of a hunger strike in which prisoners exposed themselves to the possibility of biological death in order to contest the social and civil death of solitary confinement. By collectively refusing food, and by articulating the meaning and motivation of this refusal in articles, interviews, artwork, and legal documents, prisoners reclaimed and expanded their perceptual, cognitive, and expressive capacities for world-making, even in a space of systematic torture.


Exemplaria ◽  
2020 ◽  
Vol 32 (4) ◽  
pp. 326-345
Author(s):  
Ross Lerner

2021 ◽  
Vol 88 (2) ◽  
pp. 149-162
Author(s):  
Charles C. Camosy ◽  
Joseph Vukov

Double Effect Donation claims it is permissible for a person meeting brain death criteria to donate vital organs, even though such a person may be alive. The reason this act is permissible is that it does not aim at one’s own death but rather at saving the lives of others and because saving the lives of others constitutes a proportionately serious reason for engaging in a behavior in which one foresees one’s death as the outcome. Double Effect Donation, we argue, opens a novel position in debates surrounding brain death and organ donation and does so without compromising the sacredness and fundamental equality of human life. Summary: Recent cases and discussion have raised questions about whether brain death criteria successfully capture natural death. These questions are especially troubling since vital organs are often retrieved from individuals declared dead by brain death criteria. We therefore seem to be left with a choice: either salvage brain death criteria or else abandon current organ donation practices. In this article, we present a different way forward. In particular, we defend a view we call Double Effect Donation, according to which it is permissible for a person meeting brain death criteria to donate vital organs, even though such a person may be alive. Double Effect Donation, we argue, is not merely compatible with but grows out of a view that acknowledges the sacredness and fundamental equality of human life.


2009 ◽  
Vol 54 (6) ◽  
pp. 1429-1432 ◽  
Author(s):  
Klára Törő ◽  
György Dunay ◽  
Kálmán Róna ◽  
Gabriella Klausz ◽  
Szilvia Fehér

2009 ◽  
Vol 22 (5) ◽  
pp. 478-488 ◽  
Author(s):  
Ericka L. Breden ◽  
Mei T. Liu ◽  
Stacey R. Dean ◽  
Toyin S. Tofade

In 2007, 5 of the 7 second-generation antipsychotics were listed in the Top 200 Drugs prescribed by retail sales in the United States. Cardiovascular disease is the leading cause of natural death in individuals with schizophrenia. Second-generation antipsychotics have been implicated with metabolic and cardiovascular adverse effects, and it is important for nonpsychiatric practitioners to be familiar with the monitoring parameters recommended for these agents. This article discusses the risk of weight gain, hyperglycemia, hyperlipidemia, hyperprolactinemia, and cardiovascular concerns associated with second-generation antipsychotic agents. It also discusses the proposed mechanisms for each of these adverse effects. Furthermore, it reviews suggested monitoring parameters to help manage cardiovascular disease in this patient population, and to improve the gap that exists between mental health care and physical health care in the schizophrenic population.


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