• Title/Summary/Keyword: right S-act

Search Result 236, Processing Time 0.026 seconds

"It's our grief": Re-membering Blanche beyond Pity and Fear (테네시 윌리엄스의 블랑쉬 다시 기억하기 - 공포와 연민을 넘어서 책임과 공감으로)

  • Kim, Mijeong
    • Cross-Cultural Studies
    • /
    • v.38
    • /
    • pp.29-63
    • /
    • 2015
  • This paper attempts to re-read Tennessee William's A Streetcar Named Desire from a non-Aristotelian perspective, particularly focusing on the audience performativity. In Chapter 6 of the Poetics, Aristotle says that tragedy has a final purpose or end (telos) and that is to inspire a catharsis (literally "purification") of pity and fear by means of representation and to give pleasure from experiencing their relief. However, a dramatic theoretician Augusto Boal argues that Aristotelian catharsis is not to get rid of pity and fear through their vehement discharge; rather, the basic function of catharsis is the purging of antisocial elements from the social body and the restoration of order because catharsis occurs when the spectator, terrified by the spectacle of the catastrophe, is purified of his "hamartia" which looks similar to the tragic flaw of the hero in the play. Thus, Boal asserts that Aristotle's coercive system of tragedy manipulates the emotions of the passive spectator. By contrast, in non-Aristotelian aesthetics, tragedy functions not as legitimation for a particular political configuration but as the performance of ethical acts-through which all the participants, including not only the actors but also the audience, communicate more actively about practical problems and actively work in order to make sense of themselves, others, and society. Here, the audience is required to restore and reinforce his/her capacity to think and to act; thus, an unquestioning, passive, indifferent attitude is not allowed. In these contexts, this paper explores how Tennessee William's A Streetcar Named Desire involves the audience in the responsibility for what occurs on the stage, in order to urge the audience's ethical judgements and responsible acts. This paper argues that what this play asks of us is not catharsis, the purging of pity and fear, but empathy toward the other's pain, beyond pity and fear, to carry out our responsibility of sharing in and caring for the other's suffering. That is to say that it will be an ethical way to "re-member" Blanche DuBoi-the iconic Williams victim "dis-membered" by traumatic memories and open wounds and is thus unable to complete her grieving and mourning-as one of us, not as the other. It will be the only way to remember right regarding her tragedy.

International Legal Status of U.S. Citizens Property Right to Space Resources (미국 국내법령상 우주자원 소유권의 국제법상 의의)

  • Shin, Hong-Kyun
    • The Korean Journal of Air & Space Law and Policy
    • /
    • v.33 no.2
    • /
    • pp.419-442
    • /
    • 2018
  • Space Treaty Article 2 stipuates non-appropriation by sovereignty, and in any other means. Interpretative controversies has continued as regards the meaning of any other means. It is not clear whether appropriation by private entity is also prohibited or not. Furthermore, the controverse around the binding force of Article 1 has made worse the controversy regarding such appropriation. U.S. Congress has enacted the law regarding the space resouce mining in 2015. Its main purpose is to alleviate legal unstability which U.S, private companies have faced, and it provides some provisions regarding private rights about space resources. Original bill, H.R. 1508 included the property right. Amendment to the bill is to ensure that an "asteroid resource utilization activity" is inter-preted as on a single asteroid and not on any asteroid. The use of the word "in situ" in defining space resources simply means resources in place in outer space; but any such resource within or on an asteroid would need to be "obtained" in order to confer a property right. The use of the word "in situ" in merely defining a space resource in the bill is not equivalent to claiming sovereignty or control over celestial bodies or portions of space. Further, there is clear Congressional direction in the bill that the President is only to encourage space resources exploration and utilization, including lowering barriers to such activity, "consistent with" and "in accordance with" US international obligations. Federal courts are granted original jurisdiction over entities defined in ${\S}$ 51301(4) and in-situ asteroid resources that have been removed from an asteroid by such entities. Federal courts are not granted jurisdiction over outer space, the Moon, other celestial bodies, or the asteroid from which the in-situ natural resource was removed. It is said that the Space Resource Utilization Exploration Act of 2015, talked about the rights of private players to own-kind of a "finders keepers" law.

Total Spinal Block and Cortical Epidural Block for Whiplash Syndrome and Reflex Sympathetic Dystrophy (Report of Four Cases) (전척수(全脊髓) 및 경막외차단(硬膜外遮斷)으로 편타성(鞭打性) 손상(損傷)의 통증치험(痛症治驗) (4례(例) 보고(報告)))

  • Park, Wook;Ok, See-Young;Song, Hoo-Bin
    • The Korean Journal of Pain
    • /
    • v.1 no.1
    • /
    • pp.106-119
    • /
    • 1988
  • For the relief of pain in 3 cases of whiplash syndromes (case I, II and IV) and in one of reflex sympathetic dystrophy (case III), we have carried out six intentional. total spinal blocks (TSB) which attempted two times in case I, three in case II and one in carte III whoso various symptoms were chronically unresponsive to the usual conservative treatments, and a time of cervical epidural and right suprascapular nerve block in case W whose acute symptom lasted 4 drys following the cervical injury (see fables from 1 to 9). During the 753, we have observed clinically the sequential charges of respiration, lid and pupil reflexes, body motion and consciousness. And checked the blood pressure, pulse rate and arterial Pco2. The effectiveness of those blocks has been assessed by using the Visual Analog Scale which is designed to measure the patient$\acute{s}$ subjective intensity of pain and also we have found out the sequelae following those blocks. The methods of the blocks were as the following: 1. Under the N.P.O. for 8~10 hours, the preparations of immediate cardiopulmonary resuscitation and premedication with atropine 0.5mg at thirty minutes before the TSB, it was performed by injecting the mixture of 2% mepivacaine 10 or 15ml and normal saline 10 or 5ml through No. 23 G. spinal needle into the subarachnoid space of $C_7-T_1$ interspinous region with fully flexed neck on the lateral posture. Immediately after the injection of the local anesthetic in the lateral position, the patient$\acute{s}$ were hasten to change Trendelenburg$\acute{s}$ position in order to act the drugs cephalad and to make easy controlled respiration with oxygen. 2. The cervical epidural block was done by injecting the mixture of 0.5% bupivacaine 4ml, normal saline 4ml and triamcinolone 15mg through No. 18 G. Tuohy needle into the epidural space on the same region and posture as the above without premedication.7he suprascapular nerve block was done by injecting of 0.5% bupivacaine 3ml only into the right suprascapular fossa on the sitting posture. The results were as the following: 1. The cessation of respiration was seen within 5 minutes following the subarachnoidal injection of the above 20ml mixture in 2 to 3 minutes and then soon the consciousness began to disappear. The loss of Lid and pupil reflexes noted between 5 to 10 minutes and the size of the dilated pupils was equal between 5 to 20 minutes, but the pupil of the dependent side on tile lateral position was dilated 1 to 3 minutes earlier than that of the independent. The patients had r=ever responded to any stimulations during the TSB except their heart funtion. 2. The recovery of the TSB was as the following, firstly the ankle and lower limb of the independent side began to move slightly with in 34 to 75 minutes after the injection and then that of the dependent Secondly the neck and upper limb moved 6 to 15 minutes later than the lower limb. Thirdly the self respiration began to appear between 40 to 80 minutes from the block. The lid and pupil reacted to touch and light respectively between 40 to 80 minutes but the pupil of the independent side responded earlier than that of the depends. Lastly the consciousness recovered completely between 80 to 125 minutes from the block. 3. In the cardiopulmonary function during the TSB, the blood pressure were stable except the 210/130 tory at the and block of case I. There were bradycardias between 65 to 85 minutes in case I and II but no arrythmia on the EKG. The level of the arterial Pco2 was maintained to 43~45 torr during the TSB. 4. The effectiveness of the above blocks was no pain(0%) in case IV, and light (10~20%) in case I and II but no improvement in case III. 5. The right arm weakness has been complicated as to be Injected accidently the "COLD" local anesthetic at the End block of case I.

  • PDF

The Great Depression in High School Social Science Textbooks : Critiques and Suggestions (대공황에 대한 고등학교 사회과 교과서 서술의 문제점과 개선방안)

  • Kim, Duol
    • KDI Journal of Economic Policy
    • /
    • v.30 no.1
    • /
    • pp.171-209
    • /
    • 2008
  • The Great Depression is one of the most important economic incidents in the twentieth century. A significant and long-lasting impact of this event is the rise of the government intervention to the economy. Under the catastrophic downturn of the economic condition worldwide, people required their government to play an active role for economic recovery, and this $mentalit{\acute{e}}$ prolonged even after the Second World War. Social science textbooks taught at Korean high schools mostly referred to the Great Depression for explaining the reason of government intervention in economy. However, the mainstream view commonly found in the textbooks provides a misleading theological interpretation. It argues that inherent flaws of the market economy causes over-production/under-consumption, and that this mismatch ends up with economic crisis. The chaotic situation was resolved by substitution of the governments for the market, and the New Deal was introduced as the monumental example ('laissez-faire economy ${\rightarrow}$over-production${\rightarrow}$the Great Depression${\rightarrow}$government intervention${\rightarrow}$economic recovery'). Based on economic historians' researches for past three decades, I argue that this mainstream view commits the fallacy of ex-post justification. Unlike what the mainstream view claims, the Great Depression was neither the result of the 'market failure', nor the recovery from the Great Depression but was due to successful government policies. For substantiating this claim, I suggest three points. First, blaming the weakness or instability of the market economy as the cause of the Great Depression is groundless. Unlike what the textbooks describe, the rise of the U.S. stock price during the 1920s cannot be said as a bubble, and there was no sign of under-consumption during the 1920s. On the contrary, a new consensus emerging from the 1980s among economic historians illustrates that the Great Depression was originated from 'the government failure' rather than from the 'market failure'. Policymakers of European countries tried to return to the gold standard regime before the First World War, but discrepancies between this policy and the reality made the world economy vulnerable. Second, the mainstream view identifies the New Deal as Keynesian interventionism and glorifies it for saving the U.S. economy from the crisis. However, this argument is not true. The New Deal was not Keynesian at all. What the U.S. government actually tried was not macroeconomic stabilization but price and quantity control. In addition, New Deal did not brought about economic recovery that people generally believe. Even after the New Deal, industrial production or employment level remained quite low until the late 1930s. Lastly, studies on individual New Deal policies show that they did not work as they were intended. For example, the National Industrial Recovery Act increased unemployment, and the Agricultural Adjustment Act expelled tenants from their land. Third, the mainstream view characterizes the economic order before the Great Depression as laissez-faire, and it tends to attribute all the vice during the Industrial Revolution era to the uncontrolled market economy. However, historical studies show that various economic and social problems of the Industrial Revolution period such as inequality problems, child labor, or environmental problems cannot be simply ascribed to the problems of the market economy. In conclusion, the remedy for all these problems in high school textbooks is not to use the Great Depression as an example showing the weakness of the market economy. The Great Depression should be introduced simply as a historical momentum that had initiated the growth of government intervention. This reform of high school textbooks is imperative for enhancing the right understanding of economy and history.

A Study of the Ethical Values of EMT students (응급구조과 학생의 윤리적 가치관에 관한 연구)

  • Kim, Mi-Seon
    • The Korean Journal of Emergency Medical Services
    • /
    • v.5 no.1
    • /
    • pp.37-51
    • /
    • 2001
  • This study is aimed at examining the ethical values of EMT students. The results below are based on the revised questionnaires, which can be applicable to EMT from the original questionnaires developed by Lee(1990), with a sample of 124 students consisting of 63 first and 61 second year students, conducted November 2-8, 2001. Data were analyzed using SPSS in terms of means, standard deviations, t-test, ANOVA, Pearson's correlation coefficient. The results are as follows: 1. In the area of Human life, all subjects showed utilitarian disposition. All respondents perceived the item "When patients recognizing there is no hope for survival ask for euthanasia, it is ethically right to accommodate their opinions." as the most utilitarian item, whereas they perceived the item "When an hopeless patient is on cardiac arrest, it is ethically right to do CPR as the most deontoogical item. 2. In the area of patient relationship, all students of two groups took on deontoogical characteristics, but there were no statistically significant differences between two groups. All students perceived an item "EMT have to keep it secret if patients disclose their suicide intentions and ask for absolute secrecy" the most utilitarian item, whereas they perceived an item "Even though patients act and speak in a very rude manner, EMT people should do their best to provide care for patients." as the most deontoogical item. 3. In the area of task relationship, first year students perceived an item "Given time limitations, it is ethically right to give priority to the patients who can be rehabilitated over the patients who can't be fully recovered." as the most utilitarian item, whereas second year students perceived an item "Under no circumstances should any placebo be administered to patients." as the most utilitarian item. All students perceived an item "When EMT students see an unconscious person lying in the street, they have to give him/her emergency treatment." as the most deontoogical item. 4. In the area of coworker relationship, all students of two groups took on deontoogical disposition, but there were no significant differences between two groups. All students of two groups perceived an item "Suppose you are regarded as the person who would be promoted. However, you think that your coworker is more competent than you. In that case you should tell your supervisor about your coworker." as the most utilitarian item. First year students perceived an item, whereas second year students perceived an item "When you observe coworkers' misconduct at work, it is ethically right to ignore their misdeeds." as the most deontoogical item. 5. This study demonstrated that for the first year students, there is a correlational relationship between areas of human life and task relationship, and between areas of task relationship and coworker relationship, whereas for the second year students, there is a correlational relationship between areas of human life and task relationship. 6. In areas of human life and task relationship, there are significant differences according to attitudes toward EMT and attendance at ethics training sessions. In the area of coworker relationship, there are significant differences according to religion, attendance at ethics training sessions, and a code of ethics. Recommendations for future research, 1. Sample items to measure ethical values and the instrument tailored to the needs of EMT should be developed. 2. A longitudinal study to track ethical value changes according to the amount of work experience is needed. 3. A code of ethics and/or ethics training, which could apply in actual situations, should be implemented.

  • PDF

Study on the Improvement of Korean Broadcasting Advertising System (방송광고 판매제도 개선방안 연구: 경쟁도입의 효과분석과 보완장치 모색을 중심으로)

  • Shin, Tae-Sub
    • Korean journal of communication and information
    • /
    • v.33
    • /
    • pp.169-191
    • /
    • 2006
  • Changing our monopoly broadcasting advertising system into free competition system may give rise to serious troubles that intensify commercialism of broadcasting and reduce diversity of public opinion. In the boundaries of public interest out of danger, korean broadcasting system should adopt a system that partially adopts the principle of free market. Broadcasting advertising sale system affect the whole broadcasting system because it functions as an effective capital-resource provider. Thus, it affects the broadcasting policies' righteousness and efficiency. Due to the non-elastic nature of the total advertising market, broadcasting advertising's size affects other media's capital allocation process. Therefore, broadcasting advertising sales system not only affects broadcast's social duty and public interest, but also affects the whole media industry. First, provide fair and open-competitive measures to support broadcast sales policy so that the market-based system can be run smoothly. Second, block any un-due influence from advertisers by separating production/programming and advertising sales. Third, sustain public broadcast system, not based on the advertising sales but based on the subscription fee. Fourth, social intervention of the advertising market. Fifth, provide policies that can set up multiple media channels/outlets and public opinion. By providing the minimum capital resources to the public broadcasting system, the broadcasting system can act on its public-interest duty and support the people's right-to-know rights.

  • PDF

A study on the Shift of Burden of Proof in Medical Malpractice - Ruling of Jeonju Appellate Court 2017Na9346 - (의료과오소송에서의 증명책임에 대한 소고 -전주지방법원 2017. 7. 21. 선고 2017나9346판결-)

  • Lee, Soo-Kyoung;Yoon, Seok-Chan
    • The Korean Society of Law and Medicine
    • /
    • v.22 no.2
    • /
    • pp.49-79
    • /
    • 2021
  • Due to defendant's wrongful act by implant surgery, plaintiff has been suffered serious damages to his face and teeth, and pain caused by establishing implanted teeth. Jeonju Appellate Court sentenced to pay future medical expenses and alimony to the plaintiff in compensation for breach of duty or torts. The ruling is designed to relieve the burden of proof because it is extremely difficult for non-experts to determine whether dentists violated their 'duty of care' or whether there was a causal relationship between damages to medial treatment. It was judged that if symptoms that contributed to the patient's significant outcome occurred during or after surgery, such symptoms could be presumed to have been caused by medical negligence if indirect facts were proven to be other than medical negligence. Originally, the shifting of burden of proof in Germany, has already been developed in medical malpractice case since 1940s. In order to guarantee the patients' right, §630h German Civil Code (BGB) - presumption of negligence in the realization of controllable risk- has been also legislated. BGH (Bundesgerichtshof) has been interested in ensuring that the principle of equality between patients and doctors. So, in this study, we wanted to refer to German precedent cases to analyzing Korean medical malpractice lawsuit. In particular, the decision could be significant in that it approaches closer to allows the shifting burden of proof in drastically growing dental malpractice cases. This is clearly confirmed in the judgment of the dentist's "fault" that "if indirect facts about the symptom or occurrence are proven to be cause other than medical negligence, such symptoms can be presumed to be due to medical negligence."

A Study on the International Carriage of Cargo by Air under the Montreal Convention-With respect to the Air Waybill and the Liability of Air Carrier (몬트리올 협약상 국제항공화물운송에 관한 연구 - 항공화물운송장과 항공운송인의 책임을 중심으로 -)

  • Lee, Kang-Bin
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.49
    • /
    • pp.283-324
    • /
    • 2011
  • The purpose of this paper is to research the air waybill and the carrier's liability in respect of the carriage of cargo by air under the Montreal Convention of 1999. The Warsaw Convention for the unification of certain rules for international carriage by air was adopted in 1929 and modified successively in 1955, 1961, 1971, 1975 and 1999. The Montreal Convention of 1999 modernized and consolidated the Warsaw Convention and related instruments. Under the Montreal Convention, in respect of the carriage of cargo, the air waybill shall be made out by the consignor. If, at the request of the consignor, the carrier makes it out, the carrier shall be deemed to have done so on behalf of the consignor. The air waybill shall be made out in three orignal parts. Under the Montreal Convention, the consignor shall indemnify the carrier against all damages suffered by the carrier or any other person to whom the carrier is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statement furnished by the consignor or on its behalf. The air waybill is not a document of title or negotiable instrument. Under the Montreal Convention, the air waybill is prima facie evidence of the conclusion of the contract, of the acceptance of the cargo and of the conditions of carriage. If the carrier carries out the instructions of the consignor for the disposition of the cargo without requiring the production of the part of the air waybill, the carrier will be liable, for any damage which may be accused thereby to any person who is lawfully in possession of the part of the air waybill. Under the Montreal Convention, the carrier is liable by application of principle of strict liability for the damage sustained during the carriage of cargo by air. The carrier is liable for the destruction or loss of, or damage to cargo and delay during the carriage by air. The period of the carriage by air does not extend to any carriage by land, by sea or by inland waterway performed outside an airport. Under the Montreal Convention, the carrier's liability is limited to a sum of 17 Special Drawing Rights per kilogramme. Any provision tending to relieve the carrier of liability or to fix a lower limit than that which is laid down in this Convention shall be and void. Under the Montreal Convention, if the carrier proves that the damage was caused by the negligence or other wrongful act or omission of the person claiming compensation, or the person from whom he derives his rights, the carrier shall be wholly or partly exonerated from ist liability to the claimant to the extent that such negligence or wrongful act or omission caused the damage. Under the Montreal Convention, any action for damages, however founded, whether under this Convention or in contract or in tort or otherwise, can only be brought subject to the conditions and such limits of liability as are set out in this Convention. Under the Montreal Convention, in the case of damage the person entitled to delivery must complain to the carrier forthwith after the discovery of the damage, and at the latest, within fourteen days from the date of receipt of cargo. In the case of delay, the complaint must be made at the latest within twenty-one days from the date on which the cargo has been placed at his disposal. if no complaint is made within the times aforesaid, no action shall lie against the carrier, save in the case of fraud on its part. Under the Montreal Convention, the right to damage shall be extinguished if an action is not brought within a period of two years, reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped. In conclusion, the Montreal Convention has main outstanding issues with respect to the carrier's liability in respect of the carriage of cargo by air as follows : The amounts of limits of the carrier's liability, the duration of the carrier's liability, and the aviation liability insurance. Therefore, the conditions and limits of the carrier's liability under the Montreal Convention should be readjusted and regulated in detail.

  • PDF

A Study on the first inventor defense in the US patent law (미국에서의 선발명자 항변에 관한 연구)

  • Chang, Eun-Ik
    • Journal of the Korea Academia-Industrial cooperation Society
    • /
    • v.7 no.6
    • /
    • pp.1319-1336
    • /
    • 2006
  • The successive round of talks oil Korea-USA Free Trade Agreement (FTA) has continued, and it also has the Intellectual property(IPR) unit. Until now, tile one of most disputing concerns in IPR unit through talks is the limitation of compulsory license of claimed invention. The US is urging to establish a safeguard for IPR, as similar measure of the US, to protecting the profit of the US enterprises through these on-going talks, it is more likely expected to take the offensive about infringement of the patent seriously. Based on the current circumstances, the provision strategy study is needed to obtain Korea inventors the first inventor defense under the US patent law system as well as understand the current Korea's patent law and its revision against that in the US. In patent Law, both nations with first to file system and first to invent system permit a prior user of an invention to continue to use the invention notwithstanding its subsequent patenting by another under being subject to certain qualifications and limitations, even though a patent by a later inventor is granted. Normally, the first inventor defense has been used to compensate the drawbacks of the first to file system. The US patent Law, however, adopting the first to invent system admits the first inventor defense. Therefore, pursuing counteract provision under consideration with Korean patent Law system and research environment along with investigating the reason why the US adopted its patent law system, the scope of right, and the new reform of Act. 2005 of the institute, which promotes the first Korean inventor to possess the defense right of the US, provides certain preparations for Korean companies against the expected offensive from the US ones under the US patent Law system.

  • PDF

Study on Utilization Drones in Domestic Logistics Service in Korea (한국내 물류서비스에 드론 활용을 위한 연구)

  • Kang, Ki-Seog;Jeon, In-Oh
    • Journal of Distribution Science
    • /
    • v.14 no.5
    • /
    • pp.51-57
    • /
    • 2016
  • Purpose - In the year of 2015 and 2016, one of the items that got attention in CES was a drone. It has been 100 years since a drone emerged, but most were used for military purposes. As its use became diverse as of 2010, it got attention of the general public. In Korea, it was in 2011 that a drone was known to the public through an aerial video shooting for television program. This study tried to come up with suggestions by comparing domestic with overseas cases, and tried to consider the related technologies and systems with applying the role of drones in logistics service. Research design, data, and methodology - The overseas cases were regarded as drone's logistical purpose. The Prime Air service by US Amazon is still not commercialized and under pre-testing due to Federal Aviation Regulations, although it started in 2013. In Germany, DHL succeeded in delivering service testing which is called Parcelcopter, but it is not commercialized yet. Other than these, there are more attempts to prepare logistics service in China with Taobao, in France with Geopost's test, and in Africa. In Korea, CJ Korea Express tested delivery with a self-developed drone Results - In order to study for utilizing drones for logistics as the prerequisites, some overseas and domestic cases, which are currently considered, were reviewed. Also, the technologies and institutional requirements to commercialize drones for logistical purpose were reviewed. The reasons for using drones in logistics is to ensure the price competitiveness by reducing cost. The empirical test also will be needed because drone pilot areas are designated by ministry of land, infrastructure and transport. Conclusions - In order to utilize drones in logistics and foster the industry, this study would like to suggest the followings. First of all, size of drones for logistics needs to be fixed and their operating system should be standardized. Centralized investment resources are needed through standardization to ensure the market occupancy. Secondly, it is necessary to get the converged businesses that do research, develop and commercialize drones with the investment of private sector. Example can be found in Korea aerospace Industries. We can respond to the rapid growth of the market with intensive investing by integrating the private sector investment. Thirdly, institutional arrangements are needed to be established quickly. In the case of high-technologies like drones, institutional support often does not follow the rapid development of the technology. The problems can be found in securing drones-only airspace, creating drone-specialized pilot's license, matters related to remote controller and complementary regulations for drones in Aviation Act. If these regulations are not prepared or complemented at the right timing, technologies cannot be commercialized even though the development is completed. Fourthly, there is a need to secure the transparency regarding possible privacy and personal information protection problem while operating drones. Finally, in order to foster this new industry, government should focus on supporting R&D more in the long term than short term outcomes.