Život nakon smrti: mogućnost raspolaganja reproduktivnim ćelijama u slučaju smrti
Posthumous conception is appearing more and more often both in domestic and in the practice of foreign countries. In order for such a procedure to be possible and allowed, it is first necessary to deal with the issue of disposal of reproductive cells in the event of the death of the person from whom they originate. This question opens up a Pandora's box of related questions, starting with the circle of persons who can be the addressees of such a disposition, various temporal limitations, the question of the existence and form of consent, as well as the status of a posthumous child. As a result, a myriad of different approaches is visible. The legislation of certain countries prohibits such a procedure, some allow it, and the most complicated are those that do not regulate such procedures, or fail to do so clearly and concisely. The subject and goal of this work is to present domestic laws and cases that have appeared, with reference to certain comparative legal solutions and jurisprudence.
- Research Article
53
- 10.1080/13501763.2022.2096668
- Jul 19, 2022
- Journal of European Public Policy
Artificial intelligence (AI) poses a set of interwoven challenges. A new general purpose technology likened to steam power or electricity, AI must first be clearly defined before considering its global governance. In this context, a useful definition is technology that uses advanced computation to perform at human cognitive capacity in some task area. Like electricity, AI cannot be governed in isolation, but in the context of a broader digital technology toolbox. Establishing national and community priorities on how to reap AI’s benefits, while managing its social and economic risks, will be an evolving debate. A fundamental driver of the development and deployment of AI tools, of the algorithms and data, are the dominant Digital Platform Firms (DPFs). Unless specifically regulated, DPF's set de facto rules for use of data and algorithms. That can shift the borderline between public and private, and result in priorities that differ from those of the public sector or civil society. Governance of AI and the toolbox is a critical component of national success in the coming decades, as governments recognize opportunities and geopolitical risks posed by the suite of technologies. However, AI pries open a Pandora's box of questions that sweep across the economy and society engaging diverse communities. Rather than strive towards global agreement on a single set of market and social rules, one must consider how to pursue objectives of interoperability amongst nations with quite different political economies. Even such limited agreements are complicated following the Russian invasion of Ukraine.
- Book Chapter
62
- 10.4324/9781315090085-2
- Jul 5, 2017
remarkable growth of reproductive technology is steadily unhinging a Pandora's Box of questions and difficulties regarding the essential nature of human procreation. Moral and legal dilemmas regarding the liabilities and entitlements associated with procreation seem inevitable. How are we to characterize the relationship between the procreator and the reproduced? In a less technologically advanced time the above question could only have been understood as an inquiry into the nature of the parent/child relationship. Today the makeup of the parties is more ambiguous. Perhaps the relationship contemplated by the question would be the one between the sperm donor and fetus, the surrogate mother and newborn, the divorcing couple and the frozen embryos. In this paper I examine the relationship of parent and child. I do so because, ultimately, how we judge the rights and responsibilities associated with these newly emerging sets of procreational relationships will be a reflection of our beliefs about the privileges and obligations of the prototype parent/child relationship. Every culture has certain assumptions about what parents can and cannot do with and to their progeny. In our own culture these ideals are given constitutional protection. For instance, parents have the right to the physical possession of the child, including the day-to-day care and companionship of the child; the right to discipline the child, including the right to inculcate in the child the parents' moral and ethical standards; and the right to prevent adoption without parents' consent.1 These are just some of the benefits to which most of us believe that parents as such are entitled. They are not absolute; and there are undoubtedly others. But, are these beliefs morally justified in addition to being legally sanctioned? What is the moral basis of the tie that binds the procreator to the begotten? Is the right relevantly like a property right? How tenuous is it? How immutable?
- Research Article
25
- 10.1016/0167-8191(85)90002-x
- Nov 1, 1985
- Parallel Computing
Overview of parallel processing
- Research Article
- 10.2307/1991629
- Aug 1, 1975
- Journal of Money, Credit and Banking
I regard H. Benishay's article [1] and his emphasis on distributed lags and disaggregation as a major contribution to the f1eld of macroeconomic policy. In this f1eld the bulk of the discussion has been limited to the relative merits of monetary and fiscal policy in stabilizing economic output without taking account explicitly of the statistical properties and distributed lag nature of the variables involved. The underlying assumption of writers in this area has generally been that, regardless of the existence or absence of lags, short-term policy could stabilize output.1 Now, Benishay has shown that even with lags there exists a stabilizing policy. But, at the same time, Benishay has pointed out the complexities of the process and in so doing opened up a Pandora's box of questions, to some of which I address myself in this note. It becomes clear, however, that further work in this field must consider Mr. Benishay's two-edged results. (a) Under certain assumptions there is a range of sizes of policy where policy is stabilizing. (b) It is not an easy task to discover this range, and uncertainties abound. In this note I address myself to point b. My aim is to suggest that b should be emphasized and to sound a warning that even if a is true, i.e., a stabilizing policy exists, it may not matter, since the stabilizing policy may not be amenable to implementation. Milton Friedman's original point was that, although policy may be stabilizing under certain underlying conditions, we do not know enough about these underlying conditions to take advantage of policy's ability to stabilize. I feel that Benishay's work should be put in a proper perspective so that this point is reinforced and properly stressed. I wish to emphasize the great diff1culty of implementing a stabilization policy under conditions of uncertainty. Via the presentation of points 14 below I will attempt to show how Benishay's results can be reexpressed or reinterperted to highlight the difficulties of implementation. (1) The range of stabilizing policy that Benishay found is so small that any change in the exogenous variables of the system could well make the policy destabilizing.2
- Research Article
9
- 10.2139/ssrn.3802088
- Jan 1, 2021
- SSRN Electronic Journal
Artificial Intelligence (AI) poses interwoven challenges. Defined as technology that uses advanced computation to perform at human cognitive capacity in some task area, AI must be regulated in the context of its broader toolbox - algorithms, data and platforms - and its regulation must be sector-specific. Establishing national and community priorities on how to reap AI’s benefits, while managing its social and economic risks, is an evolving debate. Digital Platform Firms are a fundamental driver of AI tools: they dominate the playing field and often pursue priorities outside the frames of the public sector and of civil society. While its governance is critical to national success, AI pries open a Pandora's box of questions that sweep across the economy and society, engaging diverse communities. Rather than a single, global ethical framework, one must consider how to pursue objectives of interoperability amongst nations with quite different political economies.
- Research Article
113
- 10.1210/er.2014-1079
- Dec 26, 2014
- Endocrine Reviews
Exploring stem cells in the mammalian ovary has unleashed a Pandora's box of new insights and questions. Recent evidence supports the existence of stem cells of a number of the different cell types within the ovary. The evidence for a stem cell model producing mural granulosa cells and cumulus cells is strong, despite a limited number of reports. The recent identification of a precursor granulosa cell, the gonadal ridge epithelial-like cell, is exciting and novel. The identification of female germline (oogonial) stem cells is still very new and is currently limited to just a few species. Their origins and physiological roles, if any, are unknown, and their potential to produce oocytes and contribute to follicle formation in vivo lacks robust evidence. The precursor of thecal cells remains elusive, and more compelling data are needed. Similarly, claims of very small embryonic-like cells are also preliminary. Surface epithelial cells originating from gonadal ridge epithelial-like cells and from the mesonephric epithelium at the hilum of the ovary have also been proposed. Another important issue is the role of the stroma in guiding the formation of the ovary, ovigerous cords, follicles, and surface epithelium. Immune cells may also play key roles in developmental patterning, given their critical roles in corpora lutea formation and regression. Thus, while the cellular biology of the ovary is extremely important for its major endocrine and fertility roles, there is much still to be discovered. This review draws together the current evidence and perspectives on this topic.
- Research Article
49
- 10.1146/annurev.an.19.100190.000313
- Oct 1, 1990
- Annual Review of Anthropology
To focus on women may seem to run against the current trend, in anthropological studies of women, toward emphasizing gender (11, 27, 139). Gender is a relational concept, and considering it requires that all domains be examined for the relational structures they embody (11:284). I wholeheartedly agree that this should be done and that women do not constitute a social group but instead are present in nearly every group and class. In this review, however, I will focus on women for a strategic reason. To focus on Japanese women will help to fill gaps in the anthropological record of Japan, a record that has not paid due attention to women's voices. Giving their voices a hearing will open a Pandora's box of further questions, forcing us to reconsider the concepts, theories, and methodologies with which we have worked and to construct new ones (89). Before women's perspectives can be integrated successfully into the study of Japanese culture and history, we must listen to what women have to say about their own experiences, emotions, and thoughts. Their voices, not yet sufficiently explored, may lead to different views of Japanese culture and history. Thus, to focus on women is not to ghettoize them but to include their subjective experience in the study of Japan. It means seeing Japanese culture and history from the vantage points of women, who in recounting their
- Book Chapter
- 10.4324/9781315586205-1
- Oct 11, 2022
The publication - “Harmful Interference in the Regulatory Perspective” - is the result of the 3rd Luxembourg international, multidisciplinary exploratory workshop co-financed by the FNR and the University of Luxembourg, which took place on 3-4 June 2014 at the University of Luxembourg. While the technology reacts to this international phenomenon with the development of continuously improved systems for preventing and combating harmful interference, its international regulatory and legal framework develops. The selection of speakers from international and national academia, the International Telecommunication Union, national regulatory authorities and operators offered an international, multidimensional and critical analysis of this complex phenomenon. International responsibility would, therefore, most probably not be caused by the mere existence of harmful interference, but by a grave and systematic ignorance of the ITU procedures on its avoidance and elimination by State administrations. However, a research project which answered some, but opened a Pandora's Box of further questions, was doubtlessly a successful one.
- Research Article
- 10.5951/mt.66.3.0231
- Mar 1, 1973
- The Mathematics Teacher
Sometimes a rather simple mathematical question can open a Pandora's box of other questions … each of these in turn leading to still more questions for investigation. This, of course, is how new knowledge is built. Consider the following question and some of the many possible problems that subsequently arise.
- Research Article
19
- 10.1258/mlj.2011.011029
- Dec 1, 2011
- Medico-Legal Journal
Modern medicine, specifically assisted reproductive technology (ART), has overtaken the law in many jurisdictions around the world. New technologies and practices open a Pandora's Box of ethical, religious, social and legal questions, and may present a variety of significant legal problems to the courts and legislators. Surrogate motherhood and pregnancy through ART have both attracted controversy. Some groups condemn ART and want it banned while its supporters acknowledge there is a need for legislative guidelines and regulations. A proposed statute, the Assisted Reproductive Technique Services Act, aimed at regulating reproductive technologies, including surrogacy arrangements, will be introduced in the Malaysian parliament, probably in 2012, and the Assisted Reproductive Technology (Regulation) Bill 2010 is already before the Indian parliament. This paper will discuss several of the potential socio-legal issues surrounding ART in the light of the complex situation, with a comparative analysis of the Malaysian, USA, UK and Indian positions.
- Research Article
- 10.18189/isicu.2016.23.1.3
- Apr 30, 2016
- The Legal Studies Institute of Chosun University
이 글에서의 논의를 요약ㆍ정리하면 다음과 같다. 코피노의 친자관계는 외국적 요소가 있는 사건으로서 국제사법을 적용하여 준 거법을 결정해야 함에도 서울가정법원 2015. 6. 5. 선고 2014드단311253 판결은 이를 간과하고 국내사건으로 취급하는 오류를 범하였다. 서울가정법원 2015. 7. 21. 선고 2014드단310144 판결은 친생추정이 미치는 범 위에 관하여 혈연설을 취함으로써 원고의 친생자관계부존재확인청구를 인용하였 다. 그러나 이 판결에서 망인과 피고 간에 혈연관계는 없지만 사회적 친자관계는 일응 존재하였으므로, 사회적 친자관계설에 따라 피고는 친생추정이 미치는 혼인 중의 출생자로 보는 것이 타당하다. 헌법재판소 2015. 4. 30. 선고 2013헌마623 결정은 민법 제844조 제2항 중 “혼인관계 종료의 날로부터 300일 내에 출생한 자” 부분에 대하여 헌법불합치결정을 선고하였다. 그러나 청구인의 기본권 침해는 민법 제844조에 의해서가 아니라 가족관계등록법 제47조에 의해서 발생하므로 법정의견은 타당하지 않다. 입법론으로서는 사회적 친자관계설에 따르되 ‘가정법원의 확인’에 의하여 子에 대한 친생 추정을 배제할 수 있는 간소한 절차를 마련할 필요가 있다. 서울가정법원 2015. 7. 3. 선고 2015드단21748 판결은 사후포태자의 인지청구를 긍정한 최초의 판결이라는 점에서 큰 의의가 있으나, 인지청구를 긍정하기 위해 서는 亡父의 생전동의가 필요하다고 보아야 하므로 이 판결이 단지 亡父와 사후 포태자 간에 혈연관계가 인정된다는 것만으로 인지청구를 긍정한 것은 타당하다 고 볼 수 없다. 다만, 이 사건에서는 생전에 亡父가 사후포태자의 父가 될 의사를 명확히 표명하였으므로 이 판결이 인지청구를 긍정한 것은 결과적으로 타당하다. 대법원 2015. 2. 12. 선고 2014므4871 판결은 제864조, 제865조 제2항의 제소기 간의 기산점으로서 ‘사망을 안 날’이란 사망이라는 객관적 사실을 아는 것을 의미 하고, 사망자와 친생자관계에 있다는 사실까지 알아야 하는 것은 아니라고 판단 하였다. 그러나 ‘사망을 안 날’이란 사망이라는 객관적 사실을 아는 것만으로는 부족하고, 사망자와 친생자관계에 있다는 사실까지 알아야 한다고 보는 것이 오히려 타당하다.The year 2015 saw many parents and children law-related precedents rendered, which may be summarized as follows. ① A ruling on the paternity of a Kopino: the related issues were dealt with as a domestic case. ② A ruling on the range of paternity presumption: the blood relationship was explicitly applied to the range. ③ A ruling of the Constitutional Court on the stipulation ‘the one born within 300 days after the completion of a marital relationship’ in Clause 2 of Article 844 of the Civil Code: the Constitutional Court ruled the stipulation a constitutional discordance. ④ A ruling on the son born through posthumous conception: a claim for affiliation was applied to the ruling. ⑤ A ruling on the calculation of the litigation period based on Article 864 and Clause 2 of Article 865 of the Civil Code (the day of coming to know the death): the death should be restricted to an objective fact, and there is no need to know the filiation of the dead. This article reviews the major parents and children law-related precedents rendered in 2015, as selected by this author s subjective judgment. The article concludes by assessing decisions ④ as reasonable, but not ①, ②, ③ or ⑤.
- Front Matter
14
- 10.1046/j.1365-2044.2003.03002.x
- Jan 1, 2003
- Anaesthesia
Consent for observational studies in critical care: time to open Pandora's Box.
- Research Article
- 10.33270/01201141.150
- Jan 1, 2020
- Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav
This purpose article is concerning on comparative study of criminal legal provisions on responsibility for bribery of a voter, a referendum participant in post-Soviet and European countries in order to identify advantages and disadvantages, to accumulate positive international experience and to establish prospects for its use in Ukrainian legislation. The place of criminal legal norm on bribery of a voter, a participant of the referendum in the system of Special part of criminal legislation of foreign countries as well as the existence of a relevant separate article in the legislation of countries which established responsibility for these crimes have been determined. Actions that constitute the objective side of bribery of a voter, a referendum participant in accordance with foreign legislation, main measures of criminal response to such crimes and conditions of exemption from criminal responsibility have been outlined. Methodology. To achieve this goal, general and special scientific methods have been used. The common dialectical method of scientific cognition was the methodological basis of the study and made possible to analyze various aspects of legislation on criminal responsibility for bribery of a voter, a referendum participant in their development, interconnection and interinfluence. Among The following specific scientific methods have been employed: historical and legal (to clarify some aspects of formation and development of criminalization of bribery of a voter, a referendum participant); system-structural (to establish the place of the norm in question in the structure of Special part of Criminal Code of foreign countries); comparative legal (for comparative analysis of criminal liability regulation for investigated crimes in the legislation of different countries). The scientific novelty of the obtained results is in improvement of theoretical understanding of international experience of criminal legal regulation of responsibility for bribery of a voter, a referendum participant, as well as in carrying out the comparative legal analysis of modern world models of such regulation in order to utilize positive international experience in the development of national legislation. Conclusions. A comparative legal analysis of the criminal legal norms of certain foreign countries, where responsibility for bribery of a voter, a participant of a referendum is established, has been carried out with regard to a number of criteria. As a result of the research, it was found that Ukrainian legislation is consistent with the vast majority of those in European countries that stipulated criminal responsibility for such crimes within a separate norm of the Criminal Code. In addition, such an analogy is also evident in the classification of this body of crime in the domestic legislation as crime against the constitutional (electoral, political) rights of citizens in the context of study of structure of Special Part of Criminal Code. At the same time, Ukrainian and European legislation discrepancies have been revealed namely concerning nature of the main measures of criminal legal response to crime in question. European practice mainly operates with penalties, which may to some extent be caused by the absence of a social need to choose more severe punishment. It was found reasonable, given the high latency of bribery of a voter, a referendum participant, to introduce the norm of exemption from criminal responsibility on special grounds in many European countries, in particular concerning voters and referendum participants who voluntarily revealed such acts to law enforcement agencies
- Book Chapter
1
- 10.46793/xxiv-9.247z
- Jan 1, 2018
The possibility of preserving reproductive material (reproductive cells, tissues and early embryos) and their later use in human assisted procreation for empregnating and child birth purposes, pushes the limits of human fertility capabilities and makes the child conception possible beyond the period of his parent's life. Given the fact that posthumous conception has brought medical revolution in the field of human reproductive potentials, in this paper the author focuses her interest on reviewing European and national laws which regulate this matter in the context whether it should be allowed or not. Having described the concept and meaning of posthumous conception and why it is the subject of numerous debates, the author further explains that only a few European legisaltions are favourably inclined towards this scientific possibility, while the majority actually either forbits, or ignores it. Analyzing the provisions of the new Law on biomedical assisted fertilization which regulate the subject of posthumous conception, the author concludes that our legislation follows the European trend forbidding this form of assisted fertilization. In the final part of the paper, the author presents the arguments for and against posthumous conception concluding that prevail those which cannot support its justification.
- Research Article
3
- 10.1177/135581960000500112
- Jan 1, 2000
- Journal of Health Services Research & Policy
The introduction, or extension, of freedom of information legislation in Britain and other Western countries seems certain to influence the climate for health services research. However, researchers should be clear that, although such legislation may improve access to certain types of data, it will also create new problems and dilemmas. Statutory freedom of information regimes are likely to raise difficult issues of adaptation and compliance for health service bodies. Researchers may find that this translates into reluctance to agree access and accentuates difficulties in managing field relationships. They may, inter alia, face difficult dilemmas in deciding whether, or how, to report non-compliance, judging whether to extend research into areas where consent has not been obtained and weighing the benefits of using the official rules to insist on disclosure against the dis-benefits of jeopardising relationships. Health services researchers should regard freedom of information legislation, not simply as a resource, but a topic deserving study in its own right.