scholarly journals Determinants of the Object of Protection of the Crime of Desecration of a Corpse and a Grave and Defamation of a Deceased Person

Krytyka Prawa ◽  
2021 ◽  
Vol 13 (3) ◽  
Author(s):  
Michał Najman
Keyword(s):  
Author(s):  
Mireia López-Bertran

This chapter explores the funerary rites in the Phoenician-Punic world from a comprehensive point of view, and it focuses on the common points arising from a large amount of data. The concern for burying their deceased and the belief in the soul’s afterlife show that the Phoenicians considered death as a transformation rather than as the end of a person’s life. Through our access to archaeological remains and written sources, we can reconstruct the existence of a meaningful burial program that was destined to provide a “good death” and afterlife. Funerary rituals, thus, are the actions or gestures to achieve this goal. The aim of this chapter is to explain the rites that family members undertook once someone died, in order to transform correctly the deceased person into an otherworldly being, the ancestor. The social implications of the data arising from burials are also briefly considered.


Author(s):  
Riwun ◽  
Ida Ayu Gde Yadnyawati ◽  
I Wayan Suka Yasa

The result of the study covers all three aspects. First, the causes of the Nyorat ceremony are held after thirty days of dead body to be lied down in the funeral house: (1) The belief factor of the spirit of the deceased person, (2) the fear factor for the unfortunate (3) religious social factor, (4) the economic factor of the Kaharingan Hindu adherents , and (5) the factor of affection towards the ancestral spirit of the late. The last factor is based on the assumptions, namely (1) preparing the Nyorat ceremonial facilities and infrastructure, (2) it is not to lose the meaning that can be inherent in it, (3) to purify/cleanse the spirit of the dead so that the sacred and inner and family will get happiness back. The implications of the Nyorat ceremony are (1) the religious implications relating to the belief of the Hindu Kaharingan adherents from generation to generation, that if they are not implemented, they will lose the meaning of the Nyorat ceremonial purposes, (2) the psychological implications require cooperation, (3) the social implications culture is the act of intervening to support the course of the ceremony, and (4) the economic implications of the community strongly support the course of the ceremony. Based on the results of the analysis, it is obtained three things. The first is the reasons of the Hindu adherents to conduct the Nyorat ceremony, the second is processes of implementation of the Nyorat ceremony, the three religious, psychological, and social implications, and the community’s economy towards the Hindu Kaharingan religious system are acceptable to the local community.


2021 ◽  
Vol 13 (3) ◽  
pp. 280-292
Author(s):  
Aleksandra A. Pesetskaya

Introduction. The paper considers the Mari clothing for funeral and memorial rituals, its specific features, and functions. The purpose of the research is to define a role and application that clothes have in ceremonies. Materials and Methods. As the research materials for the article, the author used ethnographic sources published in the XIX and early XX centuries, field journals by Tatyana Kryukova belonged to the Archive of the Russian Museum of Ethnography, as well as the author’s personal field research materials, collected during personal expeditionary activities in the Mari El Republic. The structural-functional and comparatively historical methods were the major methods for the research. The research materials were collected by means of participant observation and semi-structural interview methods. Results and Discussion. The Mari clothing during the funeral and memorial ceremonies marked two core functions, being represented by a costume of the deceased person and as an independent ritual object. Dressing the deceased person entailed a number of taboos whereas some clothes of the deceased were used to fill up the coffin. During the memorial rituals, the clothing of the deceased became a part of the «substitution» ritual when the role of the deceased was taken on by living people who were present at the ceremony. Apart from that, the clothing served as a present for the participants of the ceremony. Conclusion. A change of clothes in the lifecycle rituals marked a transfer of the clothes’ owner from one condition to another. A deceased person was a key figure during the funeral rite, while a change of his clothes facilitated their separation from the living ones. The costume itself was characterized by the inversion of the details and revealed its reference to wedding items. In the context of the memorial ceremonies, the clothing functioned as means of communication between a deceased and living ones, whereas its prolonged use accepted as a gift allowed maintaining the communication.


2013 ◽  
Vol 18 (1) ◽  
pp. 159
Author(s):  
Samantha Renwick

Family provision legislation was introduced in Victoria in 1906 to allow the court to order provision from the estate of a deceased person whose will did not make adequate provision for the proper maintenance and support of a person for whom the deceased had a moral duty to provide. The first version of the legislation allowed only widows and children to claim; it underwent little reform until 1997 when a major amendment to the Administration and Probate Act 1958 (Vic) removed the statutory list of eligible applicants, and replaced it with the jurisdictional question, ‘Did the deceased have a responsibility to provide?’ This in theory means that ‘anyone’ can make a claim, including those without a close family relationship with the deceased. This article examines a selection of judgments handed down under the new provisions, with the aim of showing the range of applicants who are now eligible to apply and examining the particular features of their relationship with the deceased that determined the success of their claims. This is in light of the current Victorian Law Reform Commission Inquiry into Succession Law that questions whether eligibility should be limited to certain types of relationship, and whether costs should continue to be paid out of the estate.


2020 ◽  
pp. 345-365
Author(s):  
Lajos Vékás

Following the model of continental European law, Hungarian law introduced the compulsory portion in 1853, allowing in the closest blood-relatives to benefit from the estate of a deceased person against the testator’s wishes. In the course of the latest reform, the possible abolition (or at least limitation) of the compulsory portion was raised. However, at the time of the creation of the Civil Code of 2013 the legislator took the view that the compulsory portion had already taken root in the general legal awareness of the population and that its continuation could be justified. This view was strengthened by the fact that the majority of contemporary continental legal systems, in their quest for the protection of the family, tend to recognize a claim by the closest relatives to a compulsory portion. Traditionally in Hungarian law, the descendants and parents of the deceased were entitled to a compulsory portion in accordance with the order of intestate succession. Only since 1960 has the law also recognized the spouse as a person entitled to a compulsory portion. Previously the approach was that the spouse should be compensated through the rules of matrimonial property law and intestate succession. Since 2009 registered partners have been put in the same position as a spouse. Until 2014, the extent of the compulsory portion was one-half of the intestate share of the person entitled to a compulsory portion; today it is one-third.


2014 ◽  
Vol 4 (3) ◽  
pp. 153 ◽  
Author(s):  
Anand Kumar ◽  
Gazala Parveen ◽  
RamK Srivastava ◽  
Puneet Wadhwani ◽  
Iqbal Ali ◽  
...  

Legal Studies ◽  
1988 ◽  
Vol 8 (1) ◽  
pp. 92-110
Author(s):  
Martin Davey
Keyword(s):  

This article deals with what must be a common domestic scenario. It concerns the entitlement, if any, of a claimant (C) to the property of a deceased person (D) where D, during his lifetime, had promised C that he (C) would obtain certain property on D’s death, but where, on D’s death, C is not able to establish either a valid will in his favour or entitlement under the intestacy laws.Of course if C simply relies on a a gratuitous promise by D without any more, then any claim will fail. The promise is not an enforceable contract, or a perfect gift or an effective testamentary disposition, but there are circumstances where C could obtain aremedy foundedonsuch apromise.


2016 ◽  
Vol 45 (1) ◽  
pp. 51-67
Author(s):  
Stanisław Goźdź-Roszkowski

Abstract This paper seeks to demonstrate how the concept of generic competence (primarily intended for monolingual specialized communication) could be extended to address important issues in translating legal texts. First, generic competence is discussed against the backdrop of the related concept of translation competence. Then, a case study is presented which examines a closely related set of documents employed by the professional community of lawyers (represented by an English solicitor and Polish advocate) engaged in the specialist domain of probate law (legal process related to the estate of a deceased person). It is argued that both generic competence and professional expertise should be included in the range of competencies required for the translator of legal texts.


2021 ◽  
pp. 1-8
Author(s):  
Anna O'Sullivan ◽  
Anette Alvariza ◽  
Joakim Öhlén ◽  
Cecilia Larsdotter ex. Håkanson

Abstract Objective To investigate the influence of care place and diagnosis on care communication during the last 3 months of life for people with advanced illness, from the bereaved family members’ perspective. Method A retrospective survey design using the VOICES(SF) questionnaire with a sample of 485 bereaved family members (aged: 20−90 years old, 70% women) of people who died in hospital was employed to meet the study aim. Results Of the deceased people, 79.2% had at some point received care at home, provided by general practitioners (GPs) (52%), district nurses (36.7%), or specialized palliative home care (17.9%), 27.4% were cared for in a nursing home and 15.7% in a specialized palliative care unit. The likelihood of bereaved family members reporting that the deceased person was treated with dignity and respect by the staff was lowest in nursing homes (OR: 0.21) and for GPs (OR: 0.37). A cancer diagnosis (OR: 2.36) or if cared for at home (OR: 2.17) increased the likelihood of bereaved family members reporting that the deceased person had been involved in decision making regarding care and less likely if cared for in a specialized palliative care unit (OR: 0.41). The likelihood of reports of unwanted decisions about the care was higher if cared for in a nursing home (OR: 1.85) or if the deceased person had a higher education (OR: 2.40). Significance of results This study confirms previous research about potential inequalities in care at the end of life. The place of care and diagnosis influenced the bereaved family members’ reports on whether the deceased person was treated with respect and dignity and how involved the deceased person was in decision making regarding care.


2010 ◽  
Vol 39 (2) ◽  
Author(s):  
Shigeo Kikuchi

AbstractThis article examines Shakespeare's dramatic secret of a “Ghost” in Hamlet. The idea of a “Ghost,” a being of uncertain existence, whether an idea or an event or the soul of a deceased person, is effectively used in this work to create a world of doubt into which Hamlet is drawn by the words of what seems to be the ghost of King Hamlet. Through Hamlet's words and behavior, Claudius is drawn into this world, which I call the world of SEEMING. It is in this world that Hamlet utters the famous phrase “To be, or not to be.” Finally, Hamlet kills his uncle without obtaining evidence of Claudius's crime and himself dies without knowing whether Claudius actually killed his father. In this circumstance, Hamlet cannot be said to have taken vengeance, which even in Elizabethan times was not allowed by law or religion; and yet vengeance is seemingly created in the audience's belief world.


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