33 resultados para Responsabilidade civil e dano moral
em Université de Lausanne, Switzerland
Resumo:
This essay focuses on how Spielberg's film engages with and contributes to the myth of Lincoln as a super-natural figure, a saint more than a hero or great statesman, while anchoring his moral authority in the sentimental rhetoric of the domestic sphere. It is this use of the melodramatic mode, linking the familial space with the national through the trope of the victim-hero, which is the essay's main concern. With Tony Kushner, author of Angels in America, as scriptwriter, it is perhaps not surprising that melodrama is the operative mode in the film. One of the issues that emerge from this analysis is how the film updates melodrama for a contemporary audience in order to minimize what could be perceived as manipulative sentimental devices, observing for most of the film an aesthetic of relative sobriety and realism. In the last hour, and especially the final minutes of the film, melodramatic conventions are deployed in full force and infused with hagiographic iconography to produce a series of emotionally charged moments that create a perfect union of American Civil Religion and classical melodrama. The cornerstone of both cultural paradigms, as deployed in this film, is death: Lincoln's at the hands of an assassin, and the Civil War soldiers', poignantly depicted at key moments of the film. Finally, the essay shows how film melodrama as a genre weaves together the private and the public, the domestic with the national, the familial with the military, and links pathos to politics in a carefully choreographed narrative of sentimentalized mythopoesis.
Resumo:
Business ethicists often assume that unethical behavior arises when individuals deviate from the norms and responsibilities that are institutionalized to frame economic activities. People's greed motivates them to violate the rules of the game. In Kohlberg's terms, it is assumed that such actors make decisions in a preconventional way and act opportunistically. In this article, we propose an alternative interpretation of deviant behavior, arguing that such behavior does not result from a lack of conventional moral guidance but rather from the fact that characteristics attributed to preconventional morality by Kohlberg - the purely incentive and punishment driven opportunistic morality - have become the conventionalized morality. The prevailing norms that economic actors have internalized as their yardstick are those of the preconventional Homo economicus. Not the deviation from, but the compliance with the rules of the game explains many forms of harmful and illegal decisions made in corporations.
Resumo:
Over the last few years, there has been a surge of work in a new field called "moral psychology", which uses experimental methods to test the psychological processes underlying human moral activity. In this paper, I shall follow this line of approach with the aim of working out a model of how people form value judgements and how they are motivated to act morally. I call this model an "affective picture": 'picture' because it remains strictly at the descriptive level and 'affective' because it has an important role for affects and emotions. This affective picture is grounded on a number of plausible and empirically supported hypotheses. The main idea is that we should distinguish between various kinds of value judgements by focusing on the sort of state of mind people find themselves in while uttering a judgement. "Reasoned judgements" are products of rational considerations and are based on preliminary acceptance of norms and values. On the contrary, "basic value judgements" are affective, primitive and non-reflective ways of assessing the world. As we shall see, this analysis has some consequences for the traditional internalism-externalism debate in philosophy; it highlights the fact that motivation is primarily linked to "basic value judgements" and that the judgements we openly defend might not have a particular effect on our actions, unless we are inclined to have an emotional attitude that conforms to them.
Resumo:
Background Decisions on limiting life-sustaining treatment for patients in the vegetative state (VS) are emotionally and morally challenging. In Germany, doctors have to discuss, together with the legal surrogate (often a family member), whether the proposed treatment is in accordance with the patient's will. However, it is unknown whether family members of the patient in the VS actually base their decisions on the patient's wishes. Objective To examine the role of advance directives, orally expressed wishes, or the presumed will of patients in a VS for family caregivers' decisions on life-sustaining treatment. Methods and sample A qualitative interview study with 14 next of kin of patients in a VS in a long-term care setting was conducted; 13 participants were the patient's legal surrogates. Interviews were analysed according to qualitative content analysis. Results The majority of family caregivers said that they were aware of aforementioned wishes of the patient that could be applied to the VS condition, but did not base their decisions primarily on these wishes. They gave three reasons for this: (a) the expectation of clinical improvement, (b) the caregivers' definition of life-sustaining treatments and (c) the moral obligation not to harm the patient. If the patient's wishes were not known or not revealed, the caregivers interpreted a will to live into the patient's survival and non-verbal behaviour. Conclusions Whether or not prior treatment wishes of patients in a VS are respected depends on their applicability, and also on the medical assumptions and moral attitudes of the surrogates. We recommend repeated communication, support for the caregivers and advance care planning.
Resumo:
Cet ouvrage a pour objet de faire un point actualisé sur l'environnement légal et réglementaire de la recherche biomédicale. En effet, le médecin est un acteur fondamental dans l'organisation et la mise en oeuvre d'une recherche biomédicale. La loi du 20 décembre 1988 a redéfini son rôle exact ; elle l'a également mis en charge de nouvelles obligations : responsabilité déontologique, civile et pénale, obligations administratives et financières. Dans le cadre d'essais cliniques, l'accent est mis sur les relations patients/investigateurs. Cet ouvrage a donc pour but de fournir aux médecins les informations dont ils peuvent avoir besoin dans le cadre de leur intervention dans les recherches biomédicales.
Resumo:
The study of wave propagation at sonic frequency in soil leads to elasticity parameter determination. These parameters are compatible to those measured simultaneously by static loading. The acquisition of in situ elasticity parameter combined with laboratory description of the elastoplastic behaviour can lead to in situ elastoplastic curves. - L'étude de la propagation des ondes acoustiques permet la détermination des paramètres d'élasticité dans les sols. Ces paramètres sont cohérents avec des mesures statiques simultanées. L'acquisition des paramètres d'élasticité in situ associée à une description du comportement élasto-plastique mesuré en laboratoire permet d'obtenir des courbes d'élastoplasticité in situ.