scholarly journals Le cure palliative tra sostenibilità e dignità della vita: le prestazioni assistenziali sociali come momento integrante dell’assistenza globale

2013 ◽  
Vol 62 (1) ◽  
Author(s):  
Elisa Arena ◽  
Edy Febi ◽  
Onofrio De Lucia ◽  
Massimo Piccioni
Keyword(s):  
Palliative Care ◽  
Critical Thinking ◽  
Organizational Structure ◽  
Present Article ◽  
Social Assistance ◽  
Legal Aspects ◽  
Assistance System ◽  
Starting Point ◽  
The Law

Il lavoro si pone l’obiettivo di analizzare il tema dell’assetto organizzativo e delle problematiche etiche e medico-legali delle cure palliative in Italia facendo riferimento, in particolare, alla legge 38/2010, punto di partenza per riflessioni critiche circa gli interventi “assistenziali” previsti dalla stessa e circa il significato da attribuire, in una visione integrata e globale, al termine “Assistenza”. Gli Autori propongono infine alcune riflessioni circa l’adeguatezza, in tale ottica, dell’attuale sistema dell’assistenza sociale in Italia. ---------- The aim of the present article is to analyze the organizational structure, the ethical and medico-legal aspects of palliative care in Italy. In particular, it refers to the law 38/2010, which represents the starting point for critical thinking about “assistive” intervention promoted by the Act and about the meaning attributable to the word “assistance” in an integrated and comprehensive vision. Finally, the Authors propose some reflections on the adequacy, in this context, of the current social assistance system in Italy.

STRATEGIES FOR DEVELOPING THE SOCIAL ASSISTANCE SYSTEM FOR THE ELDERLY IN IAŞI

2020 ◽  
Vol 13 (1) ◽  
Author(s):  
Luminița MUNTEANU
Keyword(s):  
Social Services ◽  
Development Strategy ◽  
Local Community ◽  
Social Assistance ◽  
The Elderly ◽  
Assistance System ◽  
Social Risk ◽  
Research Activity ◽  
Starting Point ◽  
The Social

The article is the result of a complex research activity. The starting point was to make a diagnosis of the Iasi community on the needs of social assistance. The interest of local authorities is to ensure optimal conditions for the provision of quality social services, leading to an improvement in the quality of life of people at social risk. This article makes a complex assessment of the social problems faced by the local community in Iasi, using the analysis of documents, questionnaires and focus groups. The special contribution is given by the development strategy of the resulting local social assistance system, with emphasis on the category of elderly beneficiaries.

The Reality of Love: An Affirmative Vision of Christianity Based on Kierkegaard’s Interpretation of the Maxim: Love is the Fulfilling of the Law

2018 ◽  
Vol 23 (1) ◽  
pp. 179-203
Author(s):  
Andrzej Słowikowski
Keyword(s):  
Present Article ◽  
Human Life ◽  
Human Existence ◽  
Fundamental Relation ◽  
Human Being ◽  
Negative Element ◽  
Starting Point ◽  
God's Love ◽  
Religious Writings ◽  
The Law

AbstractBased on Kierkegaard’s interpretation of the maxim Love is the fulfillment of the law the present article seeks to show how consistent use of Kierkegaard’s terminology can aid in discovering the affirmative vision of Christianity implicitly contained in the philosopher’s religious writings. The starting point is in this case the Christian, spiritual account of love as established by God in every human being which fully manifests itself in the love for one’s neighbor. Only such a love is able to fulfill the law, that is, to make the temporal, human life entirely comprehensible and full of meaning. In order to approach this thesis properly, a differentiation between the possibility of love (law, nature) and the reality of love (love, eternity) is introduced. In effect, it is shown how the concepts of law and love, related to each other dialectically, are able to explain the fundamental relation of the temporal to the eternal in human existence. The pattern as to how this relation of love to the law should be played out is Jesus Christ, as one who, by his love for God, fulfilled the law of God’s love for man. In this act, he created for every human being the possibility of reconciliation with God and established Christianity as a positive religion, one in which there is actually no negative element in existence.

What did the Administrative Reform of 1999 Change? On the periodization of social assistance system development 1990–2020

2020 ◽  
Vol 35 (4) ◽  
pp. 34-50
Author(s):  
Krzysztof Chaczko
Keyword(s):  
Organizational Structure ◽  
System Development ◽  
Social Assistance ◽  
Administrative Reform ◽  
Assistance System ◽  
The Third ◽  
Vertical System ◽  
Stage 1 ◽  
Two Stages

The aim of this paper is to propose a periodization of the Polish welfare assistance system in the Third Polish Republic. Focusing on the organizational structure, the development of the welfare assistance system in the last thirty years has been described. Based on this, two stages of social assistance development are described. Stage 1 (1990–1999), was characterized by the organization of welfare assistance system in the form of a poorly developed vertical system. Stage 2 (1999–2020), is characterized by the organization of the welfare assistance system in the form of an extensive horizontal system.

Through the Lens of the Adam Narrative: A Re-consideration of Sūrat al-Baqara

2015 ◽  
Vol 17 (2) ◽  
pp. 24-46 ◽  
Author(s):  
M.O. Klar
Keyword(s):  
Present Article ◽  
Dominant Theme ◽  
Starting Point ◽  
Lexical Items ◽  
A Chain

The thesis of a single pillar or axis around which the longer Medinan suras are structured has been highly influential in the field of sura unity, and scholarship on the structure and coherence of Sūrat al-Baqara has tended to work towards charting the progress of a dominant theme throughout the textual blocks that make up the sura. In order to achieve this, scholars have divided the sura into discrete blocks; many have posited a chain of lexical and thematic links from one block to the next; some have concentrated solely on the hinges and borders between these suggested textual blocks. The present article argues that such methods, while often in themselves illuminating, are by their very nature reductive. As such they can result in the oversight of important elements of the sura. From a starting point of the Adam pericope provided in Q. 2:30–9, this study will focus on the recurrence of a number of its lexical items throughout Sūrat al-Baqara. By methodically tracing the passage of repeated, loosely Fall-related, vocabulary, it will attempt to widen the contextual lens through which the sura's textual blocks are viewed, and establish a broader perspective on its coherence. Via a discussion of the themes of ‘gardens’, ‘parable’, ‘prostration’, ‘covenant’, ‘wrongdoing’ and finally ‘blindness’, this article will posit ‘garments’, not as a structural pillar, but as a pivot around which many of the repeated lexical items of the sura rotate.

The Constitutional Principle of Accountability: A Study of Contemporary South African Case Law

2018 ◽  
Vol 33 (1) ◽  
Author(s):  
Chuks Okpaluba
Keyword(s):  
Judicial Review ◽  
Police Officers ◽  
Public Procurement ◽  
Case Law ◽  
The State ◽  
Constitutional Principle ◽  
Starting Point ◽  
The Law ◽  
Constitutional Right ◽  
The Many

‘Accountability’ is one of the democratic values entrenched in the Constitution of South Africa, 1996. It is a value recognised throughout the Constitution and imposed upon the law-making organs of state, the Executive, the Judiciary and all public functionaries. This constitutional imperative is given pride of place among the other founding values: equality before the law, the rule of law and the supremacy of the Constitution. This study therefore sets out to investigate how the courts have grappled with the interpretation and application of the principle of accountability, the starting point being the relationship between accountability and judicial review. Therefore, in the exercise of its judicial review power, a court may enquire whether the failure of a public functionary to comply with a constitutional duty of accountability renders the decision made illegal, irrational or unreasonable. One of the many facets of the principle of accountability upon which this article dwells is to ascertain how the courts have deployed that expression in making the state and its agencies liable for the delictual wrongs committed against an individual in vindication of a breach of the individual’s constitutional right in the course of performing a public duty. Here, accountability and breach of public duty; the liability of the state for detaining illegal immigrants contrary to the prescripts of the law; the vicarious liability of the state for the criminal acts of the police and other law-enforcement officers (as in police rape cases and misuse of official firearms by police officers), and the liability of the state for delictual conduct in the context of public procurement are discussed. Having carefully analysed the available case law, this article concludes that no public functionary can brush aside the duty of accountability wherever it is imposed without being in breach of a vital constitutional mandate. Further, it is the constitutional duty of the courts, when called upon, to declare such act or conduct an infringement of the Constitution.

Conscientious Objection (European and American approaches)

Law and World ◽  
2020 ◽  
Vol 6 (2) ◽  
pp. 115-144
Keyword(s):  
Deep Understanding ◽  
Legal Protection ◽  
Legal Aspects ◽  
Conscientious Objection ◽  
State Regulation ◽  
Legal Responsibility ◽  
State Regulations ◽  
Conscientious Objectors ◽  
The Law ◽  
The Individual

The Article concerns the legal issues, connected with the situation, when a person (or group of people) disobey requirements of the Law or other State regulations on the basis of religious or nonreligious belief. The Author analyses almost all related issues – whether imposing certain obligation on individuals, to which the individual has a conscientious objection based on his/her religious beliefs, always represents interference with his/her religion rights, and if it does, then what is subject of the interference – forum integrum or forum externum; whether neutral regulation, which does not refer to religion issues at all, could ever be regarded as interference into someone’s religious rights; whether opinion or belief, on which the individual’s objection and the corresponding conduct is based, must necesserily represent the clear “manifest” of the same religion or belief in order to gain legal protection; what is regarded as “manifest” of the religion or other belief in general and whether a close and direct link must exist between personal conduct and requirements of the religious or nonreligious belief; what are the criteria of the “legitimacy” of the belief; to what extent the following factors should be taken into consideration : whether the personal conduct of the individual represents the official requirements of corresponding religion or belief, what is the burden which was imposed on the believer’s religious or moral feelings by the State regulation, also, proportionality and degree of sincerity of the individual who thinks that his disobidience to the Law is required by his/her religious of philosofical belief. The effects (direct or non direct) of the nonfulfilment of the law requirement (legal responsibility, lost of the job, certain discomfort, etc..) are relevant factors as well. By the Author, all these circumstances and factors are essencial while estimating, whether it arises, actually, a real necessity and relevant obligation before a state for making some exemptions from the law to the benefi t of the conscientious objectors, in cases, if to predict such an objection was possible at all. So, the issues are discussed in the prism of the negative and positive obligations of a State. Corresponding precedents of the US Supreme Court and European Human Rights Court have been presented and analysed comparatively by the Author in the Article. The Article contains an important resume, in which the main points, principal issues and conclusion remarks are delivered. The Author shows, that due analysis of the legal aspects typical to “Conscientious objection” is very important for deep understanding religious rights, not absolute ones, and facilitates finding a correct answer on the question – how far do their boundaries go?

Law and Economics

2020 ◽  
pp. 84-102
Author(s):  
Daniel B. Kelly
Keyword(s):  
Economic Analysis ◽  
First Generation ◽  
Law And Economics ◽  
Private Law ◽  
Foreseeable Future ◽  
Business Associations ◽  
The Third ◽  
Starting Point ◽  
The Law ◽  
The Impact

This chapter analyzes how law and economics influences private law and how (new) private law is influencing law and economics. It focuses on three generation or “waves” within law and economics and how they approach private law. In the first generation, many scholars took the law as a starting point and attempted to use economic insights to explain, justify, or reform legal doctrines, institutions, and structures. In the second generation, the “law” at times became secondary, with more focus on theory and less focus on doctrines, institutions, and structures. But this generation also relied increasingly on empirical analysis. In the third generation, which includes scholars in the New Private Law (NPL), there has been a resurgence of interest in the law and legal institutions. To be sure, NPL scholars analyze the law using various approaches, with some more and some less predisposed to economic analysis. However, economic analysis will continue to be a major force on private law, including the New Private Law, for the foreseeable future. The chapter considers three foundational private law areas: property, contracts, and torts. For each area, it discusses the major ideas that economic analysis has contributed to private law, and surveys contributions of the NPL. The chapter also looks at the impact of law and economics on advanced private law areas, such as business associations, trusts and estates, and intellectual property.

Ein rechtsfreier Raum? Die legale Situation auf den Färöern im Spiegel der ‚Færeyinga saga‘

2020 ◽  
Vol 25 (1) ◽  
pp. 30-45
Author(s):  
Andreas Schmidt
Keyword(s):  
Cultural Norms ◽  
Old Icelandic ◽  
Power Politics ◽  
Starting Point ◽  
Narrative Literature ◽  
The Law

AbstractThe chapter argues for a more nuanced and empirically based understanding of the discourse on law and socio-cultural norms in Old Icelandic literature on the grounds of a narratological reading of ‘Færeyinga saga’ as a case study. It has often been claimed that Icelandic sources express an ideal of freedom based on communality as guaranteed by the law. By contrast, ‘Færeyinga saga’ represents a cynical discourse on power politics that renders law as an invariable concept obsolete and works solely on the principle that ‘might is right’. This cynicism, however, is presented in a form that leaves the narrative open to interpretation, showing that regardless of its possible dating, narrative literature can serve as a starting point for social discussion. Consequently, the discourse on law in medieval Iceland must be perceived as more polyphonic than has been allowed for by previous unifying readings in scholarship.

Temporary application of international treaties: legal aspects

2021 ◽  
pp. 58-62
Author(s):  
Veronika Shcherbyna ◽  
Ivanna Maryniv
Keyword(s):  
United Nations ◽  
International Law ◽  
Legal Aspects ◽  
Vienna Convention ◽  
Main Body ◽  
Legal Institution ◽  
International Treaties ◽  
Provisional Application ◽  
The United Nations ◽  
The Law

Problem setting. Nowadays the problem of the provisional application of treaties can be described as actual. It is no accident that it has been the subject of the attention of the United Nations International Law Commission with the task of elaborating the most important problems of international law. Furthermore, the above-mentioned subsidiary body of the United Nations General Assembly recognized the need to analyze the provisional application of treaties, the need for the progressive development and codification of international law in respect of the topic dealt with in this article. Аnalysis of research and publications. Aspects of the problem of provisional application of treaties are reflected primarily in the works of in the works of I.I. Lukashuk, O.V. Kyivets, O.V. Pushniak, I.I. Maryniv, T. Leber. Target of research is to describe the legal institution of the provisional introduction of international treaties and to find reasons for its use. Article’s main body. The article is devoted to the question of the temporary use of an international treaty as a fundamental institution of international law. The study discusses the need for provisional application of treaties. Attention was paid to the works of legal academics, who had considered this issue, their works and summaries were reviewed regarding the question under consideration. The author analyzed the formulations of the article 25 of the 1969 Vienna Convention on the Law of Treaties. Legal aspects and shortcomings were considered. First of all, it was noted that there is no definition of the temporary application of international treaties in the 1969 Vienna Convention on the Law of Treaties and article 25 of the Convention had been criticized for being difficult to understand and lacking legal precision. In the article, the author noted that in general, the provisional use takes place before the entry into force of the treaty, when countries have not yet completed the necessary internal state procedures for its entry into force and have not internationally expressed consent to be bound. The author also stressed that the application of the treaty before it enters into force or will enter in the moment when it is implemented, the parties will address to their commitments and thus the object of the treaty would disappear. The author highlighted another legal aspect of the international legal institution under consideration is that, in order to implement the institution of provisional application of treaties, A special law and regulations may be enacted in domestic law (constitutional and legislative). What is more, the author mentioned that it is appropriate to devote attention to the work of the father of the national science on the law of international treaties I.I. Lukashuk. Conclusions. The author concluded that the institution of the provisional use of treaties is one of the key institutions in the law of treaties enabling the parties to urgently address cooperation issues. Another conclusion of the author of this article is that countries resort to this legal instrument under consideration for several reasons: urgent resolution of issues to which the relevant treaties apply; the desire of countries to adopt and immediately implement confidence-building measures; preventing time gaps in the operation of a number of international treaties, which have been successively adopted and replace each other on the same subject.

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