scholarly journals La valutazione della disabilità ai fini del riconoscimento dell’indennità di accompagnamento nel soggetto ultra-sessantasettenne

2019 ◽  
Vol 13 (1) ◽  
Author(s):  
Sergio Alessandrini

Older people, the fastest growing part of population, are at the highest risk of acquired disability or cognitive decline and, as a consequence, their claim to receive support services, among which the Attendance Allowance for permanent personal assistance, is increasing. This benefit was introduced in the Italian Civil Incapacity system with the law 18/1980 and some relevant innovations were added with the Law 508/1988 and the Decree 509/1988. From a medico-legal point of view, these regulations, define on the one hand the necessary requirements to get a pension (non-contributory), that is physical and or mental disease determining the incapacity for work and, for infra-18 and over-65-year olds, require the “persistent difficulties” to carry out the “tasks and activities” proper to their age. On the other hand, the Law n. 508/1988 identifies also the necessary conditions to get the Attendance Allowance, for those who are unable to get around and/or are unable to carry out daily life activities without the permanent help of a caregiver.Therefore, these regulations specifically provide, first of all, the recognition of the highest level of severity of the “persistent difficulties” concerning the “tasks” and “activities” of the over 65s (prerequisites) and then the judgment for the Attendance Allowance. However, there are considerable difficulties with the assessment of this kind of disability. In fact, we have specific references about incapacity for work indicating the evaluation path and the guide for the rating of permanent impairment (Ministerial Decree 5 February 1992), but there aren’t specific normative and assessment indications about the ability to perform “tasks and activities” in over-65-year-olds (age requirement has become over 67s since January 2019) which allows the risk of a wide evaluating discretion.Italian institutions, like Ministry of Health or INPS (Italian Institute of Social Security) and others officially involved, have attempted to explain and clarify the above-mentioned rating process, but with unsatisfactory results and in some cases even with regressive ones, producing real distortions and interpretative stretches. The author, therefore, after presenting the medico-legal issues for the evaluation of older adults’ disability based on the current regulations, also criticizes the widely found practice of using an atypical, not multidisciplinary, comprehensive geriatric assessment made only for this purpose and elaborate by a single specialist. In fact, the results of a geriatric assessment, like any other Health Certification, is useful to complete the medical history of the subject alleging disability and, therefore, it must be validated by a proper and extensive medico-legal evaluation.

2018 ◽  
pp. 52-55
Author(s):  
V. E. Turenko

The article analyzes the nature of the romantic culture of love. Romantic love is seen as a love culture, which includes a set of beliefs, ideals, principles that have developed in the Middle Ages, and the idea of which passes from generation to generation, from one century to another. It is emphasized that the romantic culture of love is not only a discourse of passion and ethos of eros. This cultural-historical type of love absorbs the connotations agape, filia and storge. Consequently, the discourse of those who love in the romantic invariant is not focused solely on passion, it is also caring, understanding, responsibility, attention, sacrifice, etc. – aspects inherent in love-filia, love-storge and love-agape. It is proved that a discourse of romantic culture of love is not realized through the prism of "rose-colored glasses", but in the context of understanding that the emergence of this feeling inevitably generates a sense of vulnerability in both participants of the love discourse. The presence of sorrow in one of the participants of the discourse of love is one of the most characteristic and vivid signs of the romantic culture of love. From the philosophical point of view, various aspects of love affliction are considered as markers of truth and authenticity of feelings, relationships between lovers. Tears, in romantic love - is not the weakness of an object and/or subject of love discourse, but it is their strength, depth and basis for the continuation of their history of feelings. It turns out that in contrast to the modern post-romantic culture of love, in the romantic tradition, the basis of love relations is the maximum recognition of the person. The one who we love is given to us as a fact of life, as the world itself. Love for which the only truly significant and determining any choice is the value of a particular, separate personality. The person we love, in essence, cannot be the subject of evaluation. One may be neither reasonable, nor good, but he/she is capable of transforming a valuable world, revealing its unity, its ability to harmony and doomed to disharmony. The love of human to human (the subject of Love) is the path where all the faces and all the boundaries, that distinguish people from one or another affiliation, disappear.


Author(s):  
Valeriya G. Andreyeva

The author of the article addresses history of the publication of the chronicles "The Cathedral Clergy" by Nikolai Leskov; she notes that the subject and the core conflict of the work collided with its publication in a number of magazines, and that only Mikhail Katkov realised the chronicle's importance and accepted it in his magazine "The Russian Messenger". In "The Cathedral Clergy", Nikolai Leskov looks at the world from a special perspective which opens his point of view as an eternity look, whereas what becomes the core conflict in the work, is confrontation of belief and unbelief of global, if not universal, scale. Realisation of one of the book's most significant motifs – motif of struggle – is analysed in the article. It is considered how Nikolai Leskov on a set of examples illustrates the heroes' active and energetic strength that is shown in advocacy of belief, in resistance to meanness and premeditated deception. The writer very thinly and skillfully shows that fight is not an intrinsic basis of righteous people, that all of them live under the law of love, however they cannot be passive observers in the world where the truth is profaned.


2018 ◽  
Vol 22 (1) ◽  
pp. 166-179
Author(s):  
Olha Anatoliivna Honcharenko

In this paper the author discloses the concept of a worldview and clarifies it’s meaning for humans from the Ukrainian representatives’ the Lviv-Warsaw School (LWS) (1895-1939) point of view. The subject of the article is determined on the one hand by the contemporary “battle for the philosophy” in Ukraine and on the other hand – by the attention of the LWS philosophers to the question of the essence of the worldview, caused by positivism that denied autonomy and peculiarity of man’s spiritual world and defined metaphysics as “conceptual poetry” or religious faith. The analysis of philosophical-pedagogical reflections on the worldview by Ilarion Sventsitskyi, Havryil Kostelnyk, Stepan Baley, Yakym Yarema, Oleksandr Kulchytskyi has been done in the paper. At the same time, a comparative analysis with the views of the Polish representatives of the LWS on the same topic, namely, with the views of Kazimierz Twardowsky, Yan Lukasevich and Tadeusz Kotarbinsky was conducted. It was found that the Ukrainian LWS representatives’ “worldview” is man’s desperate impulse to embrace the world as a whole. The worldview is person’s step to the highest living goods: wisdom and happiness. Such LWS philosophers’ approach to the essence of the worldview is based on a natural impulse of an unselfish desire to know the mystery of the world. Therefore, every human being has the ability to reflect the world in his/her own “I”. Special attention is paid to the fact that the representatives of the LWS defined the “worldview” as independent and autonomous. And only under such circumstances it can guarantee to a person cognition of the truth and creating the moral ideal. That, according to the Ukrainian scientists, can be promoted by acquaintance with the history of worldviews – metaphysics. This, in turn, leads to the interest of the general public, as well as its introduction into the curricula of secondary and higher schools. Undoubtedly, this involves a well-balanced approach to its study, which does not include learning other people’s views on the world, but promoting the design of their own.


2014 ◽  
Vol 107 (3) ◽  
pp. 363-398
Author(s):  
James Carleton Paget

Albert Schweitzer's engagement with Judaism, and with the Jewish community more generally, has never been the subject of substantive discussion. On the one hand this is not surprising—Schweitzer wrote little about Judaism or the Jews during his long life, or at least very little that was devoted principally to those subjects. On the other hand, the lack of a study might be thought odd—Schweitzer's work as a New Testament scholar in particular is taken up to a significant degree with presenting a picture of Jesus, of the earliest Christian communities, and of Paul, and his scholarship emphasizes the need to see these topics against the background of a specific set of Jewish assumptions. It is also noteworthy because Schweitzer married a baptized Jew, whose father's academic career had been disadvantaged because he was a Jew. Moreover, Schweitzer lived at a catastrophic time in the history of the Jews, a time that directly affected his wife's family and others known to him. The extent to which this personal contact with Jews and with Judaism influenced Schweitzer either in his writings on Judaism or in his life will in part be the subject of this article.


2001 ◽  
Vol 16 (2) ◽  
pp. 169-175
Author(s):  
NIMROD HURVITZ ◽  
EDWARD FRAM

Professional jurists are often inquisitive about the subject matter of their calling and in the course of their careers may well develop fascinating insights into the law and those who interpret it. Their employers, however, be they governments, corporations, firms, or private clients, rarely show similar enthusiasm for such insights unless the hours spent pondering the social or historical significance of this or that legal view have a contemporary value that justifies the lawyer's fee.Thankfully, other members of society are rewarded for mining the legal records of the past. For legal historians, the search often focuses on the changing legal ideas and how legal doctrine develops over time to meet the changing needs of societies. Yet because the law generally deals with concrete matters – again, because jurists are paid by people who are unlikely to remunerate those who simply while away their hours making up legal cases – it offers a reservoir of information that can be used, albeit with caution, in fields other than just the history of the law.A partial reconstruction of the law of any given time and place is among the more obvious historical uses of legal documents but statutes, practical decisions, and even theoretical texts can be used to advance other forms of the historical endeavour. Legal works often reflect the values both of jurists and society-at-large, for while the law creates social values it is not immune to changes in these very values.


1928 ◽  
Vol 55 (3) ◽  
pp. 665-735 ◽  
Author(s):  
Dorothy J. Jackson

It is well known that in many orders of typically winged insects species occur which in the adult stage are apterous or have the wings so reduced in size that flight is impossible. Sometimes the reduction of wings affects one sex only, as in the case of the females of certain moths, but in the majority of cases it is exhibited by both sexes. In many instances wing dimorphism occurs irrespective of sex, one form of the species having fully developed wings and the other greatly reduced wings. In some species the wings are polymorphic. The problem of the origin of reduced wings and of other functionless organs is one of great interest from the evolutionary point of view. Various theories have been advanced in explanation, but in the majority of cases the various aspects of the subject are too little known to warrant discussion. More experimental work is required to show how far environmental conditions on the one hand, and hereditary factors on the other, are responsible for this phenomenon. Those species which exhibit alary dimorphism afford material for the study of the inheritance of the two types of wings, but only in a few cases has this method of research been utilized.


Res Publica ◽  
1994 ◽  
Vol 36 (3-4) ◽  
pp. 361-380
Author(s):  
Paul Magnette

This paper examines the evolving ideological content of the concept of citizenship and particularly the challenges it faces as a consequence of the building of the European Union. From an epistemological point of view it is first argued that citizenship may be described as a dual concept: it is both a legal institution composed of the rights of the citizen as they are fixed at a certain moment of its history, and a normative ideal which embodies their political aspirations. As a result of this dual nature, citizenship is an essentially dynamicnotion, which is permanently evolving between a state of balance and change.  The history of this concept in contemporary political thought shows that, from the end of the second World War it had raised a synthesis of democratic, liberal and socialist values on the one hand, and that it was historically and logically bound to the Nation-State on the other hand. This double synthesis now seems to be contested, as the themes of the "crisis of the Nation State" and"crisis of the Welfare state" do indicate. The last part of this paper grapples with recent theoretical proposals of new forms of european citizenship, and argues that the concept of citizenship could be renovated and take its challenges into consideration by insisting on the duties and the procedures it contains.


1905 ◽  
Vol 2 ◽  
pp. 343-386
Author(s):  
Alfred Ernest Sprague

The chief object for which insurance offices exist is to pay claims; but before any claim can be paid, the question arises—who is the proper person to receive the payment ? If any mistake be made in this, the office may find itself involved in troublesome and expensive legal proceedings, and be compelled to pay the claim twice over. This consideration shows the necessity of insurance officials having some knowledge of law, as it is almost impracticable for them to refer every legal question to their solicitors; and my present object is to draw attention to some of the elementary points which arise in the ordinary course of our business. On the shelves of the library there are to be found papers by Mr. Barrand, Mr. Warren Crosbie, and Mr. Hayter, which should be studied carefully (in addition to the text books) by every one desirous of qualifying himself for a position of responsibility in the claims or law department of his office; but these papers do not exhaust the subject, and I do not propose to allude to the points discussed therein, except in the cases where some further explanation seems desirable or where there has been an alteration in the law or in the practice of the offices.


1886 ◽  
Vol 3 (8) ◽  
pp. 359-367
Author(s):  
J. H. Collins

My argument that at Porthalla there is a “passage” from hornblende-schist to serpentine; or rather that some beds of a common series have been changed into serpentine, others into hornblende-schist, and others again into a substance of intermediate character, is, I think, much strengthened by the fact that many such “apparent passages” are admitted to exist by all those who have examined the Lizard Coast with any degree of detail. De la Beche's description of that seen near the Lizard Town is as follows, and it would apply equally well to the others. “The hornblende slate,” he says, “supports the great mass of the Lizard serpentine with an apparent passage of the one into the other in many places—an apparent passage somewhat embarrassing,” that is, from his point of view; from mine it is perfectly natural. He goes on to say: “Whatever the cause of this apparent passage may have been, it is very readily seen at Mullion Cove, at Pradanack Point, at the coast west of Lizard Town, and at several places on the east coast between Landewednack and Kennick Cove, more especially under the Balk … and at the remarkable cavern and open cavity named the Frying-Pan, near Cadgwith.” At Kynance some of the laminse of serpentine are not more than one-tenth of an inch in thickness for considerable distances.


2008 ◽  
Vol 37 (2) ◽  
Author(s):  
Iris Yaron

AbstractModern poetry developed and transformed difficulty into a prominent aesthetic norm of poetry. The abundance of difficult poetic texts necessitates a study of the corpus. After differentiating between the way difficulty is perceived in poetry and in other communicative acts, I present the approach that I have adopted for the purpose of studying difficult poetry. In contrast to other studies which have examined difficulty from the author's perspective and, as a consequence, described factors that cause textual difficulty, I propose to examine the subject from the reader's point of view. The reader, after all, is the one who feels or does not feel the difficulty. The concept ‘difficult poem’ is necessarily interdisciplinary and the question of what is “difficult” involves cognitive psychology and its models of text comprehension. Following a discussion of these domains, I present the “definition” that I propose for the ‘difficult poem’.


Sign in / Sign up

Export Citation Format

Share Document