Dissertations / Theses on the topic 'Pedal harp'
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Chen, Lee-Fei. "The Emergence of the Double-Action Harp as the Standard Instrument: Pleyel's Chromatic Harp and Erard's Double-Action Harp." Scholarly Repository, 2008. http://scholarlyrepository.miami.edu/oa_dissertations/109.
Full textWappel, Jaclyn. "Gamelan and the modern pedal harp of the west| A performer's perspective on hybridized musical influences in the harp chamber works of Bill Alves, Lou Harrison, and Alan Hovhaness." Thesis, Ball State University, 2017. http://pqdtopen.proquest.com/#viewpdf?dispub=10251799.
Full textThis study discusses, evaluates, and analyzes the various methods and patterns in which American composers Bill Alves (1960-), Lou Harrison (1917-2003), and Alan Hovhaness (1911-2000) have adapted Indonesian gamelan musical concepts, philosophies, and performance practices in selected Western chamber works that include the double-action pedal harp. In particular, these examples contain notation, instrumentation, musical layers and interactions, and sounds that are inspired by or modeled after Javanese and Balinese musical elements. Greater focus is given to Javanese musical practices, and inherent compositional devices have been discovered in each piece’s structure, rhythm, melody, ornamentation, intonation, and choice of instrumentation or orchestration. Special attention is given to a contextual and musical analysis of the Concerto for Harp and American Gamelan by Bill Alves, which features an unprecedented fusion of Western and Eastern musical practices. It is further evaluated through discussions of “authenticity” in world music, and I provide recommendations as to how a harpist can use this information in order to recreate this piece.
Kanemitsu-Nagasawa, Masumi. "Understanding the characteristics of the single-action pedal harp and their implications for the performing practices of its repertoire from 1760 to 1830." Thesis, University of Leeds, 2018. http://etheses.whiterose.ac.uk/22145/.
Full textThielo, Angela J. "Redemption in an Era of Penal Harm: Moving Beyond Offender Exclusion." University of Cincinnati / OhioLINK, 2017. http://rave.ohiolink.edu/etdc/view?acc_num=ucin1491303605085968.
Full textBeaudet, Christopher J. "The diocesan bishop's non-penal administrative discipline of pastors who harm ecclesiastical communion." Theological Research Exchange Network (TREN) Access this title online, 2005. http://www.tren.com.
Full textSantos, Thiago Pedro Pagliuca dos. "O princípio da ofensividade como complemento necessário à regra da legalidade penal no Estado Democrático de Direito." Universidade de São Paulo, 2015. http://www.teses.usp.br/teses/disponiveis/2/2136/tde-24022016-164831/.
Full textThe political and philosophical ideas that influenced the creation of the principle of legality and the harm principle came from the Age of Enlightenment. Mainly during the Middle Age and the Old Regime, there was a confusion between crime and sin and people could be punished simply because of the whim of the sovereign, with no law. The arbitrariness were enormous. The reason for both theories that were born at the Age of Reason which required that the legal rules would have to be declared beforehand (principle of legality) and that the crime presupposed a harm or injury to other individuals (harm principle) were the same: to limit the power of punishment. However, it can be seen that the rule of the legality has been taken by the dogmatic and legal speech much more deeper than the harm principle, being opportune then, to analyze the reasons it happened. Some of them will be analyzed in this research, for instance, the absence of this explicit principle in the Constitutions, the alleged incompatibility of this principle with the separation of powers and the legality rule itself and the legal uncertainty that the application of principles could trigger. Furthermore, there is a major political factor: the consolidation of the bourgeoisie demanded the imposition of formal limits to the power of the state, but not material limits. Another important factor was the advent of positivist criminology, in the late nineteenth century, which, by confusing crime with illness, brought the paradigm of criminal law of the author, which was applied in the Middle Ages, back. At last, to show what stopped the consolidation of the harm principle specifically in Brazil, there will be an analysis of the influence of European doctrine in the Brazilian dogmatic.
Freitas, Pedro Henrique Pavanatto de. "Harm Principle, bem jur?dico-penal e ofensividade : suas implica??es relativas ao uso de drogas." Pontif?cia Universidade Cat?lica do Rio Grande do Sul, 2017. http://tede2.pucrs.br/tede2/handle/tede/7994.
Full textApproved for entry into archive by Caroline Xavier (caroline.xavier@pucrs.br) on 2018-05-07T16:33:25Z (GMT) No. of bitstreams: 1 PEDRO HENRIQUE - HARM PRINCIPLE BEM JUR?DICO-PENAL E OFENSIVIDADE SUAS IMPLICA??ES RELATIVAS AO USO DE DROGAS.pdf: 1612667 bytes, checksum: 9e67caffda2db09bb8a625f274f1effb (MD5)
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Coordena??o de Aperfei?oamento de Pessoal de N?vel Superior - CAPES
This study address with the implications (dogmatic and political-criminal) of Harm Principle, Theory of Legal Good and the Principle of Offensiveness concerning the use of drugs. In order to do this, our first two chapters are based on these principles, emphasizing the analysis and problematization aspects of dogmatic and criminal policy. Moreover, since they are the principles of different matrices, the Harm Principle, Anglo-American, and Theory of Legal Good and Offensiveness, continental Europeans, use the methodology of comparative criminal law to provide as bases approach, and to analyze its practical application in relation to the Canadian and Brazilian jurisprudence related to the use of drugs. Thus, it is impossible for a democratic state ruled by law to find an intrasystemic legitimation to prohibit the use of drugs, erroneously considered as illicit, in the case of this criminalization where there is no legitimate legal good and the possibility of affectation of some legal good, both from the perspective of offensiveness and by the Harm Principle, is inconsistent.
Neste estudo abordam-se as implica??es (dogm?ticas e pol?tico-criminais) do Harm Principle, da Teoria do Bem Jur?dico-Penal e do Princ?pio da Ofensividade referentes ao uso de drogas. Para tanto, aprofunda-se sobre tais princ?pios nos dois primeiros cap?tulos, dando ?nfase ? an?lise e problematiza??o dos aspectos dogm?ticos e pol?tico-criminais. Ainda, por se tratarem de princ?pios de matrizes diferentes - sendo o Harm Principle anglo-americano, e a Teoria do Bem Jur?dico-Penal e o Princ?pio da Ofensividade europeus continentais - utiliza-se da metodologia do direito penal comparado para fornecer as bases necess?rias para tal tipo de aproxima??o, analisando-se a sua aplicabilidade pr?tica em rela??o ? jurisprud?ncia canadense e brasileira relacionada ao uso de drogas. Verifica-se a impossibilidade, em um Estado Democr?tico de Direito, de encontrar legitima??o intrassist?mica para proibi??o do consumo de drogas, tidas erroneamente como il?citas, tratando-se de uma criminaliza??o onde inexiste bem jur?dico-penal leg?timo e a possibilidade de afeta??o de algum bem jur?dico, tanto pela perspectiva da ofensividade como pelo Harm Principle, ? inconsistente.
Machado, Tom?s Grings. "Harm Principle e direito penal : em busca da identifica??o de limites ao crime de lavagem de dinheiro." Pontif?cia Universidade Cat?lica do Rio Grande do Sul, 2017. http://tede2.pucrs.br/tede2/handle/tede/7336.
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This study presents the basic problematization about the limits that the crime of money laundering presents and, more precisely, where or from which theoretical referential we can indicate the limits of the crime of money laundering. In an attempt to limit criminal law, traditional doctrine recognizes that, at least in the context of continental and brazilian doctrine, a crime is legitimately constituted when the criminalization of behavior represents an offense against a criminal legal good. The thesis presented here is based on the premise that the limit of the money laundering crime can not be rooted in the concept of criminal legal good and any attempt to adapt or even update this concept ends up challenging the very definition of criminal legal good. It discusses the reference of the concept of criminal legal good as a limit to criminal law, opposing it to the framework proposed by the common law context from the referential of harm to other principle. It is observed that the concept of criminal legal good is insufficient to identify the limits of the crime of money laundering, or it appears too broad, and thus does not carry any limitation, or it is too restrictive, and thus does not allow an effective adjustment to the purposes that lead to the criminalization of money laundering. It is verified that the application of harm to other principle presents itself as a more adequate mechanism for an effective limitation as to the dogmatic structure of the crime of money laundering.
Este trabalho desenvolve a problematiza??o b?sica a respeito dos limites que o crime de lavagem de dinheiro apresenta e, mais precisamente, onde ou a partir de que referencial te?rico podemos defini-los. Na tentativa de limitar o direito penal, a doutrina tradicional reconhece que, ao menos no ?mbito da doutrina continental e brasileira, um crime encontra-se legitimamente constitu?do quando a criminaliza??o do comportamento retrata ofensa a um bem jur?dico-penal. A tese que aqui se apresenta parte da premissa de que o limite do crime de lavagem de dinheiro n?o poder? estar radicado no conceito de bem jur?dico-penal e que qualquer tentativa de adapta??o ou mesmo de atualiza??o deste conceito acaba por colocar em xeque sua pr?pria defini??o. Discute-se acerca do referencial do conceito de bem jur?dicopenal como limite ao direito penal, contrapondo-o ao referencial proposto pelo contexto da common law a partir do referencial do harm to other principle. Observase que o conceito de bem jur?dico-penal ? insuficiente para identificar os limites do crime de lavagem de dinheiro, que, ou se apresenta demasiadamente amplo, e assim n?o realiza qualquer limita??o; ou se apresenta excessivamente restrito, e assim n?o permite uma efetiva adequa??o aos prop?sitos que levam a criminaliza??o da lavagem de dinheiro. Verifica-se, com isso, que a aplica??o do harm to other principle apresenta-se como o mecanismo mais adequado para uma efetiva limita??o da estrutura dogm?tica do crime de lavagem de dinheiro.
Fonseca, Fortes Furtado Regina Helena. "Carteles económicos y derecho penal: análisis político-criminal de los acuerdos horizontales restrictivos de la competencia (hard core cartels)." Doctoral thesis, Universitat Pompeu Fabra, 2015. http://hdl.handle.net/10803/315285.
Full textThe present investigation is precisely centered on the criminal policy’s analysis of the trend towards criminalization of hard core cartel conduct and to consider the appropriateness of extending the criminal law to this type of anticompetitive behavior. What is sought is to know if such anticompetitive behavior (anticompetitive agreements, concerted practices, or arrangements by competitors in the same market ladder to fix prices, make rigged bids, establish output restrictions or quotas, or share or divide markets) is criminalized in Spain; and as a conclusion, it adds up proposals de lege ferenda, aiming at the improvement of the criminal protection of competition.
Nayfeld, Nicolas. "La philosophie pénale pluraliste de H.L.A. Hart." Thesis, Paris 1, 2020. http://www.theses.fr/2020PA01H205.
Full textThis dissertation focuses on Herbert Hart’s penal philosophy, i.e. his thoughts on the definition of punishment, justification of punishment, criminal responsibility, and sentencing. We argue that Hart defends neither a mixed theory of punishment, nor a form of rule-utilitarianism, nor a form of liberal utilitarianism, nor a goal/constraint approach. His approach is pluralist. Indeed, his value pluralism, very close to that of Isaiah Berlin, allows him to resolve the tension between the utilitarian justification of punishment and certain principles of justice concerning criminal responsibility (e.g. not punishing those who could not have acted otherwise) and sentencing (e.g. not inflicting disproportionate punishments). In addition, his pluralism about forms of moral reason enables him to admit a plurality of justifications of punishment that are not of the same type (the utilitarian justification, that based on the special right to the obedience of disobedient persons, that based on the general right to a reasonable level of security) and to explain how the commission of an offence may in itself justify the imposition of a sanction. Throughout this dissertation, we analyse the complex relationship between Hart and the utilitarian tradition (particularly Bentham and Mill). Although Hart undeniably owes a debt to utilitarianism, he is a constant critic of its monism and the attempt to base all of our considered moral convictions on the principle of utility. Moreover, we try to show that ordinary language philosophy has had a significant influence on his penal philosophy, even if this influence is less visible than in his jurisprudence. Finally, we pay particular attention to the Hart/Wootton debate, the stakes of which have been underestimated: the question of the choice between a penal system based on punishment and a preventive system based on measures, in our view, remains open. This dissertation is not only intended to correct the misinterpretations of Hart’s penal philosophy. It also seeks to deepen the ideas he only sketched out, to clarify the principles he defended, to highlight the weaknesses in his thinking, to put his thoughts in order. In this sense, it as much the reading of a work as a dialogue with it
Schorscher, Vivian Cristina. "A criminalização da lavagem de dinheiro: críticas penais." Universidade de São Paulo, 2012. http://www.teses.usp.br/teses/disponiveis/2/2136/tde-22042013-092316/.
Full textThe legitimacy of7 the criminalization of money laundering conducts in the Brazilian legislation and its treatment in the international forum, as well as the difficulties faced in adequately limiting the extent and effective application of that law constitute the main focus of this doctoral thesis. The justification, validity, legitimacy and pertinence of this criminalization are critically analyzed through detailed discussion of the problems posed in view of the penal system and of whether it could possible work with the contemporary criminalization of money laundering. Basic guidelines are developed with the goal of, at least, containing the negative impact of a criminalization that is seen as an example for how gravely elementary criminal law principles can be hurt in through excessive use of the criminal law. The results reached translate into the conclusion of the illegitimacy of the criminalization of money laundering in its current form and in a suggestion for the stipulation of clear limits to the reach of criminal responsibility for this conduct. Beyond the narrow area of criminal law, another approach is offered, aiming at creating a solution for the conflicts which arise in Brazilian society as a consequence to acts of Money laundering, thereby favoring a systemic approach under observation of the fundamental principles of a democratic State founded on the rule of law.
Louveira, Leopoldo Stefanno Gonçalves Leone. "A esfera da vida privada do cidadão como limite à interferência do direito penal: a questão da pornografia infantil." Universidade de São Paulo, 2013. http://www.teses.usp.br/teses/disponiveis/2/2136/tde-10012014-154631/.
Full textThis dissertation analyzes the issues regarding the limits of the states power in interfering by means of Criminal law in the lives of citizens, when elements of his/her intimate plane are at stake, more precisely, the exercise of human sexuality. In the background of the examination of several legal aspects regarding child pornography, the study seeks to verify by which form speeches of combating child abuse and the fight against pedophilia might be anchored by merely moralizing criteria, and in turn supporting the creation of crimes lacking legitimacy. Starting off with an introductory approach regarding the relation between Law and morality here including the notions of social and sexual morality -, and bringing forth a portrait of the evolution of the subject even in its liberal form of disciplining the subject, without the influence of taboos be them religious or ethic. Despite the attempted change in paradigms called Sexual Criminal Law, with the abandonment of old criteria of tutelage of public shame and the introduction of the notion of sexual dignity, based on sexual selfdetermination, the judiciary criminal discipline of child pornography has been subject of manifest recrudescence in the last decades. In the dawn of worldwide net of computers, the international tendency of cyber-crime fighting has led the Brazilian legislator to edit the Law n.° 11.829/09, that altered the Child and Adolescent Statute (ECA), to raise punishment, and create new crimes and incriminate al the links of the child pornography production chain, including those who merely acquire the true pornographic material (article 24-B) and pseudo child pornography (article 241-C). This presentation analizes up to what point these incriminations would be justifiable for the invoked end, since, in she simulated mode, for instance, the criteria of exclusive protection of the legal interest are absent, prejudice and offensiveness, claimed by the Factual Criminal Law. Finaly, the figure of the pedophile deserves a more specific examination, supported by medical scientific concepts, to bound which would be the best political-criminal way to address the carrier of this paraphilia (penalty or treatment).
Joffily, Tiago. "Desvalor da ação e desvalor do resultado como fundamentos do injusto penal: uma revisão a partir do modelo habermasiano de sociedade." Universidade do Estado do Rio de Janeiro, 2012. http://www.bdtd.uerj.br/tde_busca/arquivo.php?codArquivo=5730.
Full textThe thesis you have in hands proposes a concept of crime in which wrongdoing and harmfulness must be always combined and considered together as elements of a criminal offense in order to demonstrate the real affectation of third parties. The main hypothesis is that even facing an expansionist tendency toward incarceration and overcriminalization it is still possible to defend the viability of such a concept of crime. With the purpose of demonstrate this hypothesis, the Habermas's dualistic society model and his theory of communicative action are taken as a point of departure and based on them we intend to review some of the elements that compose the concept of criminal offense. Finally, the thesis will be challenged against controversial existing rulings (such as victimless crimes) to verify if their reasoning are compatible with such a dualistic concept of crime, which deny the possibility of existing criminal offenses without harm to others.
Pinto, Luiz Antônio Francisco. "Um estudo sobre a política de combate às drogas sob o enfoque da criminologia crítica." Universidade Federal do Tocantins, 2017. http://hdl.handle.net/11612/407.
Full textThis text brings in the discussion about the drug dealing combat policy in Brazil, under the emphasis of Criticism Criminology. The work is based on authors like Alessandro Baratta and Salo de Carvalho. The argumentation goes on questioning prohibitionism, witch is the bases of the combat policies over the entire world, including Brazil. Under a historical point of view, it´s obvious that prohibiotionism hasn´t been effective in avoiding drug consumption growth, let alone minimizing the deleterious effects over the social issue generated by the drug market, involving in itself a great amount of crimes that affect all the society, in special, the working masses with low incomes.Under this radar, the current combat policy, while not sorting out drug dealers from consumers, contributes itself for the prision population growth. In Brazil particularly, this phenom hurts Human Rights. The Marijuana regulamentation, in this direction, might be a strong factor to avoid the arrest of young users caught with a small amount of the drug. While the decriminalization is still on debate, the government can face the problem with paleactive procedures that would help justice, like Restaurative Justice, Therapeutic Justice and the Custody Audience, for instance. All of them alternatives for the arrest. Lastly, this study brings some theorical insights over the Damage Reduction Policy, a global tendency adopted by many countries that has joined the idea of drug discriminalization.
Quistrebert, Yohann. "Pour un statut fondateur de la victime psychologique en droit de la responsabilité civile." Thesis, Rennes 1, 2018. http://www.theses.fr/2018REN1G001.
Full textThe psychological impact of the events, which are the source of responsibility, be they acts of terrorism, loss of a loved one, psychological harassment, is specific to characteristics both protean and invisible. The first among them is due to the fact that in psychological matter injuries and the resulting suffering are both varied. As such, from the injury point of view, certain events will prove to be more traumatizing than others. Principally those during which the subject has been faced with his own death. Concerning suffering, a subject can as well emotionally suffer a change in his own integrity – for example the physical one with a diagnosis of a serious illness – that of a sort damage which affects that of a loved one (e.g. death or handicap). Then, the impact is considered invisible. It appears much more simple indeed, to identify harm to physical integrity as a harm to psychic integrity. More so, certain psychological harms are totally imperceptible by reason of their eminently diffuse characteristic. The object of this demonstration is therefore to know how civil liability law will comprehend the victim of such a psychological impact. Its comprehension will be particular given the inevitable interaction between the judicial and psychological spheres.In order to better understand this, we will first propose a conceptualization of the psychological victim that blends into psychopathological reality. Two major distinctions feed this thought. One is legal nature, which relates to the distinction between prejudice and harm. The other is psychopathological in nature which opposes emotional shock and psychic trauma. Their intertwining allows us to elaborate different cases of manifestation of psychological suffering and define the contours of the qualities of the victim. Secondly, regarding compensation for a psychological victim, both the appreciation and the evaluation of these prejudices will be examined. The repercussions of psychic trauma, or even emotional shock can sometimes be so grave that compensation cannot restrict itself only to the experienced suffering. Consequences of different natures, for example patrimonial ones, must be taken into consideration. To this end, a division of the prejudices of the psychological victim should be put in place. Distinct rules of compensation will be established based on the prejudice endured. A prejudice presumed, originating notably from a harm, cannot logically be compensated in the same fashion as non-presumable prejudices that require a forensic assessment. In short, the system of compensation must be in phase with the system of disclosure of suffering that has been previously established. As a result, this study proposes to construct a true founding status of a psychological victim. Once this principal notion has been completely conceptualized, we can use it to create a rational compensation scheme
Syme, Neil. "Uncanny modalities in post-1970s Scottish fiction : realism, disruption, tradition." Thesis, University of Stirling, 2014. http://hdl.handle.net/1893/21768.
Full textHallo, Rosemary Margaret. "Erard, Bochsa and their impact on harp music-making in Australia (1830-1866): an early history from documents." Thesis, 2014. http://hdl.handle.net/2440/86482.
Full textThesis (Ph.D.) -- University of Adelaide, Elder Conservatorium of Music, 2014
Bedell, Kingsley. "Metamorphosis : a history of the pedal harp from 1720 to 2001 AD." Master's thesis, 2001. http://hdl.handle.net/1885/109248.
Full textBauson, Grace A. "The contribution of twentieth-century Canadian composers to the solo pedal harp repertoire, with analysis of selected works." 2012. http://liblink.bsu.edu/uhtbin/catkey/1666099.
Full textReview of literature -- Interviews -- Little suite by Robert Turner (1957) -- The crown of Ariadne by R. Murray Schafer (1979) -- Fifteen pieces for harp by John Weinzweig (1983) -- From the eastern gate by Alexina Louie (1985) -- Songs of nymphs by Marjan Mozetich (1988) -- King David sonata by Srul Irving Glick (1998) -- Conclusion.
School of Music
Azevedo, André Mauro Lacerda. "O harm principle e a legitimidade do direito penal contemporâneo : fundamentos, validade e limites da criminalização." Doctoral thesis, 2018. http://hdl.handle.net/10451/38354.
Full textThe current study scrutinizes the legitimacy of contemporary criminal law regarding the impossibility of the legal interests theory to meet all that is required by the criminalization process within modern societies. Such an issue brings the harm principle to the center of the discussion, presenting with a similar stance in the common law countries when compared to that of the legal interests theory in the continental Europe criminal law. This research intends to develop an original construction to the harm principle, one that may internalize its main features, scope and limitations in order to further justify it as a criteria for the legitimacy of accusations where it is not yet possible to identify the occurrence of any legal interests related to criminal law. Additionally, the current study refers to the continuities, or lack thereof, not present in the harm principle and in the legal interests theory, identifying the main aspects that would bring them closer together or further apart. Finally, and with the purpose of putting the harm principle into practice, as well as highlighting the concepts developed so far, the last chapter offers an inquiry regarding the crimes of animal abuse, codified in the Art. 387 of the Portuguese Criminal Code, whose legitimacy is grounded on the harm principle due to the clear difficulties of justifying it by means of the legal interests theory.
Martins, Fernanda Gonçalves Galhego. "O Processo Diagnóstico e a Responsabilidade Penal Médica." Doctoral thesis, 2019. http://hdl.handle.net/10316/88770.
Full textA atividade médico-diagnóstica desempenha um papel fundamental para a estruturação dos cuidados médicos. A decisão diagnóstica e a análise conjunta de uma série de elementos capazes de revelar informações sobre o estado físico-psíquico do paciente conferem os alicerces necessários à edificação da assistência, o que se revela sobretudo, no plano dos tratamentos terapêuticos. Nessa fase da assistência, a observação e a análise dos sintomas e sinais presentes auxiliam a revelação do quadro clínico àquele que detém os conhecimentos suficientes para definir ‹‹o que››, ‹‹onde›› e ‹‹como›› pesquisar. E, como o recurso apenas ao olhar atento e treinado se revela geralmente insuficiente ao levantamento dos dados considerados necessários à formação do juízo médico, a busca por respostas para os problemas de saúde do paciente usualmente implica numa ingerência, em maior ou menor medida, sobre o corpo deste último, e que não raro envolve o apelo a medidas inegavelmente capazes de causar danos aos mesmos bens que intenta proteger. Os riscos inerentes às intervenções invasivas, a inevitável ingerência sobre a saúde e a integridade física e a potencial afetação da liberdade daquele que se entrega a tais cuidados atraem a atenção para essa etapa da terapêutica, para problemáticas que de modo algum se restringem ao tirocínio médico ou à decisão diagnóstica. A atenção às vicissitudes desse estágio da assistência, muito embora remeta imediata e, quase, inevitavelmente à ideia do erro diagnóstico, o que justifica a atenção a esse conceito, oferece sobretudo um ponto de partida para uma análise jurídico-penal que orbita essencialmente entre os bens jurídicos que, nesse contexto, se veem direta e inexoravelmente afetados pela ingerência representada pela intervenção médica. A proteção inquestionavelmente conferida à saúde e à integridade física, e a salvaguarda efetivamente proporcionada à liberdade e a autodeterminação do paciente dividem o enfoque. A delicada zona de contato entre esses bens, particularmente caros ao direito penal, e a prática da medicina incita não só a análise da eventual submissão da intervenção diagnóstica a uma figura típica, e, consequentemente, do regime jurídico-penal conferido às intervenções e tratamentos terapêuticos, como, sobretudo, uma perspectivação mais abrangente das soluções e alternativas lançadas, resultando num estudo que proporciona a abordagem do panorama legal pátrio, mas que não se limita apenas a ele.
Medical diagnostic activity plays a key role in planning patient care. The diagnostic decision plus the analysis of a series of elements which can reveal information about a patient’s physical and mental health are the elements which build the foundation of medical care, and this becomes even clearer when it comes to therapeutic treatments. At this key stage of medical care, the observation and analysis of the patient’s symptoms and signs help those who have the knowledge to determine what, where, and how to proceed to establish a clearer clinical picture. But, because this analysis is generally insufficient even for trained and careful eyes to be able to gather all the necessary information which will allow them to form a medical judgement, it is usually necessary to undertake – to a greater or lesser extent – some sort of medical intervention on the patient’s body in order to find answers for their health problems. More often than not, this results in adopting measures which can undeniably cause damage to very same asset which they aim to protect. The inherent risks of invasive interventions, the unavoidable interference in the health and bodily integrity of those who are under medical care, and the potential restriction of their freedom are aspects that draw attention to this stage of the therapeutics, to issues that are not restricted to the doctor’s acumen or diagnostic decision-making. And, although an analysis of the vicissitudes of this stage of patient care immediately and inevitably points to the idea of diagnostic error – thus justifying the attention given to this concept – it is above all a starting point for an investigation of the legal and criminal aspects within the sphere of the legal assets which – in this context – are directly and undeniably affected by the interference represented by medical intervention. The protection of the health and bodily integrity of the patient, and the effective safeguard of their freedom and self-determination are the focus of this investigation. The delicate contact zone between these legal assets (which are so important to criminal law) and the practice of medicine gives rise not only to the idea of occasionally fitting diagnostic intervention into a type of criminal offense, and, consequently, to the legal/penal regime that applies to therapeutic interventions and treatments, but also, and mainly, to the perspectivization of the solutions and alternatives given. This results in a study which presents an overview of the country’s legal practices but is not limited to it.
Ostrowick, John Montague. "Whether we have free-will and whether it matters." Thesis, 2007. http://hdl.handle.net/10539/2182.
Full textThere is a concern that causal determinism might render free-will impossible. I compare some different perspectives, namely Compatibilism, Incompatibilism, Libertarianism, and Hard Determinism, and conclude that Hard Determinism is correct—we lack free-will. To further bolster the case, I consider the work of Libet, who has found neuropsychological evidence that our brains non-consciously cause our actions, prior to our being aware of it. Thus we are also not choosing consciously. I then consider Dennett’s work on the role of the conscious self. I defend his model—of a fragmented self—which could not cause our actions. Finally I argue that many things that free-will purportedly provides, eg., justification for the penal system and reactive attitudes, can be reconstructed without free-will. I then end with some speculations about why people still want free-will.
Boillat-Madfouny, François. "La confiance du public et le monopole de l'autorité publique sur l'administration de la justice pénale." Thesis, 2020. http://hdl.handle.net/1866/24257.
Full textThe State has historically overseen criminal justice, and with good reason. Delegating to state authorities full and exclusive administration of criminal justice ensures social harmony and allows for a structured and depersonalised response to crime. Public confidence in its ability to effectively do so is however crucial. The current media environment has contributed to a crisis of confidence in the system, depriving the State of its monopoly. We believe televising court proceedings and making them widely available to the public is one of the ways by which the State can strengthen confidence and reaffirm its legitimate control on the administration of criminal justice.