La faute médicale caractérisée en droit pénal français est-elle liée à des qualifications d’intensité et de gravité ?

Medical misconduct in criminal law could be qualified as characterized by judge. It would be determined by the fact that the medical practitioner exposes a patient to health danger with full consciousness. This medical misconduct could be done during positive act or guilty abstention. But the legislator didn’t clarify the term “characterized” of fault in the bill. Precise definitions were established by dispute at law. In the medical field, an analysis was performed when indirect causality was involved by supreme judge. The majority of court rulings were based on criminal negligence which couldn’t be ignored by the medical doctor that endangers health patient. Intensity and gravity in criminal negligence were systematically demonstrated. That could be considered as the term “characterized” in the medical fault.     

Personalidad y Prediccion

RESUMEN

La autora comienza explicando que el conflicto entre psicólogos de la personalidad respecto a la permanencia o cambio -identificados respectivamente con individuo y situación- no tendría porqué haber sido así, puesto que las personas cambian y algunas situaciones permanecen. Coincide con Bem y Allen en que hay más consistencia de la que los teóricos situacionales han señalado y en que el conflicto consistencia-variabilidad es una falsa dicotomía, que ellos sitúan entre enfoques nomotéticos e idiográficos en vez de entre individuo y situación. Se resalta del trabajo de Bem y Allen que ofrece soluciones y abre nuevas vías de investigación. Respecto al de Ben y Funder, destaca la posibilidad de clasificar situaciones indicando las conductas que tienden a elicitar en diferentes individuos-tipo. La viabilidad de este enfoque se pone a prueba en tres situaciones experimentales diferentes, de las cuales la autora comenta la primera -en la que se estudia el comportamiento de niños en situación de demora en la gratificación- con relación a sus propios trabajos. Finalmente, se aportan algunas reflexiones en torno a las limitaciones de la disciplina psicológica para predecir exactamente la conducta humana.     

Being an Intelligent Slave of God

How did premodern Muslim thinkers talk about living authentically as a Muslim in the world? How, in their view, could selves transform themselves into ideal religious subjects or slaves of God? Which virtues, technologies of the self and intersubjective relations did they see implicated in inhabiting or attaining what I shall call ?abdī subjectivity? In this paper, I make explicit how various discursive, ethical strategies formed, informed, and transformed Muslim subjectivity in early Muslim thought by focusing on the writings of an important ninth century Muslim moral pedagogue, al‐Mu?āsibī (d. 857). This study illustrates the advantages of approaching early Muslim texts and discourses through the tools and methods made available by comparative religious ethics in order to reexamine our understanding of Muslim subject formation and the role of ethical and theological discourses in the same.     

Le risque médico-judiciaire des infections nosocomiales

These last years in France, the term ‘nosocomial infection’ has been replaced by ‘health-care associated infection’, which has a much broader definition. In all cases, the plausibility of the association between infection and the care provided deserved to be rigorously analyzed. To qualify an infection as nosocomial, the expert witness must at the judge's request determine that infection actually occurred within the health facility and is linked to health care. French Public Health Code as well the most recent jurisprudence give currently a rather close definition of nosocomial infection. The principle of faultness liability in the field of nosocomial infection has been enshrined in the law of March 4^th 2002, the most severe situations (death; permanent functional deficit > 25 percent) being compensated by ONIAM, the French national office of compensation for nosocomial infection.     

Political and clinical developments in analytical psychology, 1972‐2014: subjectivity,equality and diversity—inside and outside the consulting room

Utilizing Jung's idea of theory as a ‘personal confession’, the author charts his own development as a theorist, establishing links between his personal history and his ideas. Such links include his relationship with both parents, his sexuality, his cultural heritage, and his fascination with Tricksters and with Hermes. There follows a substantial critical interrogation of what the author discerns as the two main lines of clinical theorizing in contemporary analytical psychotherapy: interpretation of transference‐countertransference, and the relational approach. His conclusion is that neither is superior to the other and neither is in fact adequate as a basis for clinical work. The focus then shifts to explore a range of political and social aspects of the clinical project of analytical psychology: economic inequality, diversity within the professional field, and Jung's controversial ideas about Jews and Africans. The author calls for an apology from the ‘Jungian community’ for remarks about Africans analogous to the apology already issued for remarks about Jews. The paper is dedicated to the author's friend Fred Plaut (1913‐2009).     

La pensée post-formelle en gérontagogie ou l’après-Piaget

Jean Piaget, one of the most influential theorists in developmental psychology, assumed that formal thought, characterized by the development of an individual's logical capacities, was the last stage of adult thinking. According to Piaget's theory, adults undergo an unavoidable decline in their intellectual functions after formal thought. However, here we review how the brain evolved, describing its main structures, and examining each cerebral hemisphere's specific functions. Evidence is also provided for the production of new neurons and new connections between them, forcing a revision of old theories about the decline of intellectual functions in the elderly. We then consider Jones’ theories X and Y, and the different definitions of intelligence (fluid vs. crystallized, and qualitative vs. quantitative), and how these perspectives have influenced the way we see intelligence. Evidence supporting the addition of another stage, named post-formal thought, is examined in the context of gerontagogy. Dialectical thought characterizes this stage, and developing wisdom is its main goal. We examine the two basic principles of dialectical thought, namely the principle of contradiction and the principle of relativity of everything. It is suggested that the learning of wisdom should be the focus of future university programs to educate the elderly.     

The psychologist who is not a psychologist: a deconstructive reading of Wolfgang Giegerich's idea of psychology proper

This paper represents an archetypal and deconstructive reading of the work of Wolfgang Giegerich. In an attempt to extend and philosophically develop Jung's late‐life view of the objective psyche, Giegerich, via Hegel, defines psychology proper as fundamentally separate from the everyday person and the ‘human, all‐too‐human’ aspects of the soul. It is argued that, in so doing, Giegerich removes the human person from being the primary focus of his psychology and creates instead a hierarchy of ideas and values privileging syntax over semantics, the logical over the empirical, and thinking over imagination. This bypasses the emotionality of the everyday person/patient and also renders psychology proper unable to address the day‐to‐day practice of the analyst. Giegerich attempts to rectify this problem by re‐incorporating what he had previously rejected, making his theory more complex than is apparent in his binary oppositions. In the end, however, it remains a question to what extent Giegerich is successful in avoiding a binary scission (Saban 2015) or a tendency to regularly de‐emphasize the human aspect of the soul (Hoedl 2015) in his need to continue to heroically push off from the ego seeking total freedom from neurosis and from our humanity.     

E Contrario Reasoning: The Dilemma of the Silent Legislator

Summary This contribution offers an evaluation of e contrario reasoning in which the interpretation of a legal rule is based on the context of the law system (contextual e contrario reasoning). A model is presented which will show all the explicit and implicit elements of the argument at work and will also point out how these distinct parts are interrelated. By questioning the content and justificatory power of these elements, the weak spots in the argument can be laid bare. It will be argued that e contrario reasoning inevitably requires a dubious argumentative step, which renders the argument intrinsically weak. The model is applied to a European lawsuit on French cheese.