scholarly journals DESVIACIÓN DEL CURSO CAUSAL E IMPRUDENCIA INCONSCIENTE

2020 ◽  
pp. 181
Author(s):  
Mario Sánchez Dafauce
Keyword(s):  
Mens Rea ◽  
The Unconscious ◽  
Alternative Behavior ◽  
The Difference ◽  
Dolus Eventualis

En el presente trabajo se estudian diversos problemas del tipo penal: las consecuencias sistemáticas de la ausencia de tipo subjetivo en la imprudencia inconsciente, la diferencia entre imputación objetiva e imputación al dolo en las desviaciones del curso causal y la realización del riesgo en resultado en caso de comportamiento alternativo conforme a Derecho.In the present paper we discuss the systematic consequences of the absence of mens rea in the unconscious negligence, the difference between dolus eventualis and negligence in the deviations of the causal course, and the realization of the risk in the result in cases of alternative behavior according to Law.

scholarly journals RECONSTRUCTION OF HINDU PRIEST IN THE DYNAMICS OF THE INTER TRI SADHAKA AND SARWA SADHAKA IN BALI

2019 ◽  
pp. 1
Author(s):  
Made Redana ◽  
A.A. Bagus Wirawan ◽  
I Gde Parimartha ◽  
A.A. Ngurah Anom Kumbara
Keyword(s):  
Qualitative Methods ◽  
Social Movement ◽  
Power Relations ◽  
Quantitative Methods ◽  
Belief System ◽  
Driving Factors ◽  
The Unconscious ◽  
Prayer Beads ◽  
The Difference ◽  
Movement Change

The reconstruction of Hindu Pandita in Bali marked a polarization of Hindu Pandita set in the difference of the clan (Soroh) and the belief system needs to be examined more deeply. The fact shows that there are still many Hindus who think that the Hindu Pandita belong to the Brahmin clan. This gap can be a stimulant misintensity against the issue of the Kapanditan and the condition to construct "Homo hierarchicus versus Homo ecqualis are engaged in Bali in war without End". The research aims to (1) understand the foundations of the thinking of the reconstruction of the Hindu Pandita (RPH) in the dynamics between Tri-Sadhaka and the unconscious Chi Wildlife Station in the Balinese people, (2) understand the driving factors of Hindu's pandy reconstruction in Bali in The dynamics between Tri-Sadhaka – Sarwa Sadhaka, and (3) analyzing the implications of Balinese Hindu's impartiation. This research uses a mix method with the priority of using qualitative methods, which are supported by quantitative methods with value inventory techniques. The theory used as a foundation is the theory of power relations, structuration, deconstruction. The results of this study pertain to three things; First, reconstruction of the fundamentals of Hindu Pandita Thinking in the dynamics between Trisadaka and Chi Wildlife Station Sadaka is the efforts of the description of attitudes and personalities, value-conscious competence, and integrality. In the sense of the Hindu Pandita, which is personally integral, intact, and that is considered sacred, glorious, since he was in prayer beads spiritually through the process of diksa. Secondly, the impetus factors of Hindu reconstruction in the dynamics between Tri-saddleted and a Godly Chi wildlife station in Balinese people concerning historical and geneological dimensions, increased knowledge and chastity factors as a mode of adaptation to Pandita, a social movement in the competition's status, and ideas for movement change. Thirdly, the implications in the dynamics of competition between Trisadaka and Sarwasadaka are concerned with the ideological, social and economic pragmatism and importance of power.   Keywords: the reconstruction of Hindu priest, the dynamics, tri and sarwa sadhaka, economic pragmatism and power

scholarly journals Feminist Responses to Freud Through the “Equality vs. Difference” Debate

2020 ◽  
Vol 21 (1) ◽  
pp. 39-52
Author(s):  
Feyda Sayan Cengiz
Keyword(s):  
Feminist Theory ◽  
Female Subject ◽  
Female Sexuality ◽  
The Other ◽  
Luce Irigaray ◽  
Simone De Beauvoir ◽  
The Unconscious ◽  
Biological Determinism ◽  
Freudian Psychoanalysis ◽  
The Difference

Freudian psychoanalysis has long been a matter of debate among feminists, and usually criticized for biological determinism. While discussing the Freudian framework, feminists have also been discussing how to define a female subject and the age old “equality vs. difference” discussion. This study discusses critical feminist responses to Freud which demonstrate the intricacies of the “equality vs. difference” debate amongst different strands of feminist theory. This article analyses three diverse lines of argumentation regarding psychoanalysis and the equality vs. difference debate by focusing on the works of Luce Irigaray, Simone de Beauvoir and Juliet Mitchell. Beauvoir and Irigaray both criticize the Freudian approach for taking “the male” as the real, essential subject. However, whereas Beauvoir sides with an egalitarian feminism, Irigaray defends underlining the difference of female sexuality. Juliet Mitchell, on the other hand, defends Freudian psychoanalysis through the argument that psychoanalysis actually offers a way to understand how the unconscious carries the heritage of historical and social reality. Accordingly, what Freudian psychoanalysis does is to analyze, rather than to legitimize, the basis of the patriarchal order in the unconscious.

Körperschema, Praxis, Affektivität

2017 ◽  
Vol 2017 (2) ◽  
pp. 113-130 ◽  
Author(s):  
Selin Gerlek ◽  
Stefan Kristensen
Keyword(s):  
Body Schema ◽  
The Body ◽  
Contemporary Theory ◽  
The Unconscious ◽  
Philosophy Of Perception ◽  
Theory Of Practice ◽  
Collège De France ◽  
Phenomenology Of The Body ◽  
The Difference ◽  
Strong Concept

In the contemporary theory of practice, there is an increased awareness about the necessity of focusing on corporeality as a fundamental feature of practice. In this respect, there is a discussion about reflections on the phenomenology of the body, in particular as it is developed in the work of Merleau-Ponty. In the present study, we would like to broaden the discussion and answer some of the criticisms expressed by the theory of practice, such as an exaggerated focus on the first-person‘s perspective, or a too strong concept of consciousness, supposedly marking the ,classical‘ theory of the lived body in Merleau-Ponty. We consider here the later period of Merleau-Ponty’s thinking, in particular after he became a professor at the Collége de France in 1952 onto his death in 1961. In this period, he deepens consistently his understanding of the notion of ,body schema‘, which clearly becomes the key to his approach to practice, affectivity, and to the phenomenon of sociality. His focus thereby was to depart from a traditional philosophy of perception and move on to a philosophy of ,expression‘, which would uncover the ambiguity of corporeal practice as the difference between institution and sedimentation of sense. The unconscious in the sense of a social phenomenon surprisingly becomes a field of encounter between the later philosophy of Merleau-Ponty and the schizoanalysis of Guattari and Deleuze.

Distinguishing Defences (from Offences, and from Each Other)

2021 ◽  
pp. 400-439
Author(s):  
A P Simester
Keyword(s):  
Moral Responsibility ◽  
Mens Rea ◽  
Actus Reus ◽  
The Difference

This chapter distinguishes substantive defences from offences, and distinguishes the major types of defences from each other. The substantive defences are united by the culpability principle. They all play a role in preventing convictions of blameless defendants who satisfy the actus reus and mens rea of a crime. Traditionally, theorists have divided the substantive defences into two categories: justifications and excuses. Excuses directly engage findings of culpability whereas justifications are primarily concerned with wrongdoing. However, there is another class of defences that deny culpability indirectly—those that deny moral responsibility. These can usefully be called ‘irresponsibility defences’ rather than excuses. Furthermore, for practical purposes, excuses can be subdivided into three subcategories: rationale-based excuses; hybrid and partial irresponsibility defences; and defensive mistakes. The chapter focuses mainly on the difference between rationale-based excuses and justifications, before turning to discuss the general distinction between defences and offences.

15. Inchoate offences: attempt, conspiracy and assisting and encouraging under the Serious Crime Act 2007

2018 ◽  
Author(s):  
Janet Loveless ◽  
Mischa Allen ◽  
Caroline Derry
Keyword(s):  
Great Britain ◽  
Common Law ◽  
Mens Rea ◽  
Court Decisions ◽  
Serious Crime ◽  
Different Types ◽  
Actus Reus ◽  
The Common ◽  
The Difference

This chapter examines different types of inchoate offences in Great Britain, which include attempt, conspiracy, and encouraging or assisting. It explains the conditions of liability for these offences, discusses the relevant provisions of the Serious Crime Act 2007, clarifies the general principles of these offences, and identifies their actus reus and mens rea elements. It also explores and clarifies the difference between these offences. The chapter discusses the three offences that replace the common law offence of incitement which apply to one who ‘facilitates’ another’s offence. Examples of relevant cases and analyses of court decisions in each of them are also provided.

Writing Symptomatically

Paragraph ◽  
2013 ◽  
Vol 36 (2) ◽  
pp. 206-222
Author(s):  
Mairéad Hanrahan
Keyword(s):  
Jacques Derrida ◽  
Helene Cixous ◽  
The Unconscious ◽  
The Difference

Hélène Cixous and Jacques Derrida position themselves very differently in relation to literature. This article analyses that difference in the light of their relation to the symptom, the fundamentally unanalysable form through which the unconscious manifests itself. While Derrida dwells more on the impossibility of ever accessing the original secret wound to whose existence the symptom opaquely attests, Cixous tends to focus more on the effect, the symptom itself. For both, the ‘chance’ of literature lies in the fact that neither the source nor the destination of letters can be determined. I argue that the difference between Derrida's relative resignation to this condition and Cixous's celebration of it helps to explain the contrast between his position at the margins of literature and her unequivocal embrace of it.

scholarly journals CONTEMPLATION: THE RATIO OF CONSCIOUS AND UNCONSCIOUS

2021 ◽  
Author(s):  
Garnik V. Akopov ◽  
Keyword(s):  
Old Age ◽  
Mental Phenomenon ◽  
The Unconscious ◽  
Categorical Analysis ◽  
Psychological Science ◽  
Attention Memory ◽  
The Difference ◽  
Age Range ◽  
Purposeful Activity ◽  
Conscious Activity

"In psychological science, the concept of contemplation is not included in the most important categories of psychology, such as activity, consciousness, personality. The dictionary meanings of the term “contemplation” are ambiguous. In psychology, in addition to the categorical analysis of contemplation (S.L. Rubinstein) and its attribution to fundamental concepts (A.V. Brushlinsky), there are also interpretations of contemplation, which are synonymous to intuition (A. Bergson) and meditation (V.F. Petrenko, Han F. De Wit), insight (preconceptual thinking - T.K. Rulina), mystical states (W. James, P.S. Gurevich). Contemplation, unlike intuition, meditation and insight, does not have a previous reportable history. In our studies, contemplation is considered as an unconscious mental phenomenon that exists in the forms of a process, state, and also the properties of an individual (contemplative personality). Not coinciding with the processes of attention, memory, perception, thinking, etc., contemplation, however, is activated on their basis. The difference lies in the uncontrollability of this process, since its contents are not presented to consciousness. Therefore, contemplation is also different from dreams, experiences, intentions and other internally substantive mental phenomena. Despite the fact that consciousness does not have access to the content of contemplation (access-consciousness), the process itself is realized by man. In this we see the difference between contemplation as unconscious activity and Freudian understanding of the unconscious. Other differences are: involuntary entry and random exit from the state of contemplation; emotional equipotentiality of contemplation, i.e. the invariability of the emotional background of contemplation from the beginning to the exit from it. In ontogenesis, contemplation is most clearly represented in infancy, in youth, and in old age, as well as during periods of age and other life crises. Reminiscences of students record the age range from 11 to 17 years as the most saturated with contemplation; least at the age of 6-8 years (L.S. Akopian). Contemplation as an unconscious activity periodically replaces purposeful activity, contributing to the maturation, correction, transformation of the person’s life meanings in their micro-, meso- and macro-macro dimensions. Contemplation also fulfills the function of partially liberating oneself from an excess of affairs, concerns, plans, aspirations, and other forms of conscious activity. The development of practice-oriented forms of actualization of contemplation will expand the range of psychotherapeutic methods."

15. Inchoate offences: attempt, conspiracy and assisting and encouraging under the Serious Crime Act 2007

2020 ◽  
pp. 681-718
Author(s):  
Janet Loveless ◽  
Mischa Allen ◽  
Caroline Derry
Keyword(s):  
Great Britain ◽  
Common Law ◽  
Mens Rea ◽  
Court Decisions ◽  
Serious Crime ◽  
Different Types ◽  
Actus Reus ◽  
The Common ◽  
The Difference

This chapter examines different types of inchoate offences in Great Britain, which include attempt, conspiracy, and encouraging or assisting. It explains the conditions of liability for these offences, discusses the relevant provisions of the Serious Crime Act 2007, clarifies the general principles of these offences, and identifies their actus reus and mens rea elements. It also explores and clarifies the difference between these offences. The chapter discusses the three offences that replace the common law offence of incitement which apply to one who ‘facilitates’ another’s offence. Examples of relevant cases and analyses of court decisions in each of them are also provided.

The No-Thing of God: Psychoanalysis of Religion After Lacan

2018 ◽  
pp. 570-588
Author(s):  
Richard Boothby
Keyword(s):  
The Other ◽  
The Unconscious ◽  
Structural Differences ◽  
The Difference

This chapter traces some main lines of Jacques Lacan’s interpretation of religion and divinity, which differs significantly from Freud’s critique. Orienting ourselves with respect to what Lacan calls das Ding, the enigmatic desire of the Other, it is possible to sketch a Lacanian analysis of religion parallel to that offered by Kant in Religion Within the Limits of Reason Alone. The difference is that where Kant looked to find in religious representations, especially those of Christianity, the underlying dynamics of pure rationality and of a morality founded upon it, Lacan discerns the very structure of subjectivity and its relation to the unknown Other. New perspectives are thereby opened up on a whole series of problems, including the unconscious dynamics of enjoyment, practices of sacrifice, the structural differences between various religions, and Christian doctrines of incarnation, love, and mystical unknowing.

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