恐惧——卡夫卡的存在方式

本文主要以卡夫卡的书信、日记、随笔为依据并和他的小说相互印证 ,以“恐惧”为中心 ,去理解他的生活、写作以及他的整个生命 ,认为“恐惧”对于理解卡夫卡及其作品是至关重要的     

存在论视野中的《伊凡·伊里奇之死》

《伊凡·伊里奇之死》通过追踪一个濒死之人的心理历程来追问“生”,具有深刻的存在论意义。在托尔斯泰笔下 ,伊凡的“死”被展现为颇有现代感的“个人之死”。上帝远去了 ,他人远去了 ,除了赤裸裸的孤独 ,一切皆无。而另一方面 ,在死亡的威逼下 ,伊凡对生命意义的领悟却又呈现为传统文化语境下的“他人之爱”。现代文化与传统文化的矛盾与纠结构成了这部小说的深层文化结构 ,而作品对“死亡主题”的独特处理实际上也反映了处于世纪之交的托尔斯泰所面临的文化选择困境。     

争取人道死亡的权利--世界范围内的安乐死运动

人是不愿来到这个世界的 ,他们来到时是根本没有尊严的 ,看看每个人从母腹中赤身裸体地失落于人世间时大哭大闹的情景 ,就可以确信这点。但是人一旦来到这世间 ,又大多不肯离去 ;实在没有办法必须离去时 ,也要有尊严 ,这或许是人对来到世间时没有尊严的一种求偿。争取人道死亡的权利说白了就是有尊严地面对和走向死亡的权利 ,这是人在人世上的最后一个要求。具有讽刺意味的是 ,人的一生要求很多 ,但其两个最根本的要求却无法得到满足 ,这就是生不生和如何死。所以 ,人的存在自始完全是一种矛盾构成。当人不愿生的时候他被赤裸裸地拽出来 ,当人不愿死的时候他却被以各种方式抛弃在土中、水中和空气中 ,或是因战争 ,或是因疾病 ,或是因莫名其妙的意外事故等等。更有甚者 ,当人厌世、不堪蒙受羞辱、不能承受生的痛苦而选择死去时 ,旁人又斥责他们怯懦、没有意志 ,或者强留住早已在痛苦之中挣扎的生命。人们说这是爱惜和尊重生命 ,是人道主义。可他们忽略了他们所说的人道主义是以别人的一种无可逆转的痛苦生存为代价实现的。质言之 ,是用他人的痛苦成全他们的善良和人道 ,而对于被留住生命的人来说 ,这无疑是残酷和不人道。所以 ,争取人道死亡的权利 ,其实是在争取一种基本人权 ,这里实际隐喻着深层次的矛?     

也谈遗赠扶养协议

一、遗赠扶养协议存在的合理性。我国继承法中的遗赠扶养协议,运用合同形式解决人们之间的扶养和财产处分的做法,这是我国继承制度的新发展。我国农村集体早已对无依无靠的老年社员实行“五保”,还有许多公民个人也出于社会主义组织的团结互帮精神,主动承担对年老无依靠的人的扶养、照顾义务。然而,社会上也存在一些不良现象,如有的“五保户”的出嫁女儿没能担负起赡养父母的义务,在父母死亡后却同集体争夺遗产;有的被继承人的兄弟姐妹,在被继承人生前需要受到扶养、照顾时,没尽过扶助义务,当他死亡后却与扶养、照顾他的人争夺遗产;还有一些人,无视他人主动扶养、照顾无依靠老人的事实,对他人在被扶养人死亡后取得遗产而不满。实行遗赠扶养协议,扶养人只要履行了自己对被继承人的扶养、照顾的义务,就可以根据协议排除他人(包括法定继承人)的干扰,合法地取得被继承人的遗产。这样,既可以提高集体和公民个人扶养无依靠人的积极性,又可     

《异乡人》:没有答案的“黑色喜剧”

一直认为,优秀的作品不是给出怎样的答案,而是提出更多经典的问题.在我看来,法国小说家、存在主义文学领军人物、“荒诞哲学”代表阿尔贝·加缪的《异乡人》,就是这样一部作品.该小说记述了这样一个故事:主人公默尔索没有因为母亲的去世感到难过.从葬礼归来后不久,他向一个阿拉伯人连开五枪,最终被处以重刑.而他被处以重刑的原因不是他杀了人,而是他“在母亲的葬礼上没有表现出难过的情绪”.     

农民工躺桥下20余日死亡

据《河南商报》：快要下雪了，郑州很冷。11月30日中午，立交桥下，一名农民工死了。有人说是病死，也有人说是被冻死的。在其他农民工看来，他，不该死。“120来过两次，救助站的人也来过，但看看都走了”!后续：郑州卫生局回应农民工街头死亡，系本人拒绝就医。     

被羁押人非正常死亡问题浅析

由于“躲猫猫死”、“睡觉死”、“洗澡死”等词汇热传于网络报端,罪犯袭警越狱、脱逃事件和在押人员自杀等事件不时发生,被羁押人非正常死亡引起了社会各界广泛关注和媒体的多次报道,有些事件还受到了媒体炒作.被羁押人非正常死亡现象的发生昭显着被羁押人员生命健康权已经被严重侵害,也给监管执法机关的公信力提出了挑战.法律面前人人都应有平等的尊严和权利,给涉案人员以公正的诉讼和人到的待遇,是依法治国的内在要求.这种情况下我们有必要对非正常死亡现象的成因、应对和避免进行切合实际的探讨.     

惊回首——一名吸毒劳教人员的心路历程

一 他叫柯波,今年３２岁,自从１９９２年夏被劳教之前,已有７年吸毒的历史。如今的他看上去很清秀,脸色红润,精神很好,很难看出来他曾是１个被毒品折磨得死去活来的人。“是毒品害了我,但在政府和干警的教育感化下,挽救了我,是戒毒所把我从死亡的边缘下抢救了出来！”他的眼神里透露出无比的真诚。 他原本有个让人羡慕的和睦家庭。在改革开放的８０年代初,大哥去泰国做生意,二哥成家后开了一个店铺,父母亲退休后在家也开了一间小店,由于经营有方,生意十分红火。由于家中没有女孩,母亲就把他当作女孩儿养,处处偏袒他、呵护…     

感悟生命

在四十多年的生命里,我先后亲身经历和目睹了不少亲人和朋友的死亡。尽管我对生命是贪婪的, 但随着阅历和经历的增长,那种对于未知死亡的恐惧变得淡薄了,我知道那是必然。死神同每一个人签约,没有人可以违约。哲人安东尼说过:人死犹如果子熟落,应当谢谢出生你的那颗树木,又如演员演完一出戏,应当心平气和地退出舞台。人固有一死,谁也不能从生理上物质上超越死亡,只有从心理上精神上寻找超脱途径。死固然可     

应定“故意杀人罪”

我认为,郭敏杰第二次驾车撞死人的行为既不是过失杀人罪,也不是其他危险方法致人死亡罪,而是(间接)故意杀人罪,应按刑法第132条处罚。理由是: 一、郭的行为客观表现为非法地剥夺了他人生命,其行为所侵犯的客体是他人的人身权利。这种行为的非法性表现在:高清良之死并非不可避免,它与郭犯放任驾车逃跑的违法行为间存在着必然的因果联系。就是说,当高清良的生命安全受到郭犯行为的严重威胁时,郭犯并未     

A case of Ebstein's anomaly with double mitral valve

A 5-month-old male infant with no history of serious illness died suddenly and unexpectedly. He was found dead under a heavy 'futon', a coverlet, which covered the whole of his body. As it was suspected he may have been smothered, a medicolegal autopsy was performed, and it was discovered that the infant had Ebstein's anomaly with double mitral valve. The cause of death appeared to be due to heart failure caused by this congenital heart disease.     

From a Cockroach’s Point of View: The Metamorphosis of Perception in Kafka

The article offers a reading of the famous tale by Kafka focused on the consequences triggered by the sudden transformation of Gregor Samsa into an insect. This event constitutes the starting point of a shift that involves phases and components of perception both of the self and of the world as well as the relations among the inner and the external world, the most elementary awareness and feelings and the most complex ones, which are affective, cognitive and related to interactions, expressed with particular emphasis by the dynamics of the spatial dimension of the story. Two discursive paths intersect above all: on one side, the traveling salesman wakes up with the/in the body of cockroach while his soul is the same as always. He will have to try to become cockroach, that is to assume its perceptions and then, slowly, its tastes, its impressions and any other animal sentiment. At the same time, the becoming of Gregorio’s family will be antiphrastic to the one experienced by him: from inept, passive parasites of their akin, as they are depicted at the beginning of the story, his family members will gradually turn into active bourgeoisies full of projects, rejecting Gregory up to eliminate him: they are the ones dehumanizing themselves, while Gregory refines his sensitivity in suffering, even to the sacrifice.     

Mortuuspolitics: politicization of the dead,capitalism, and inequality

Capitalism has led to the appropriation of oppressed groups, their experiences and narratives. We believe this includes narratives and given value of the dead where there remains a continuation of inequalities of life unto death and being dead. Specifically, we suggest that the discrepancy of the value of the dead is the result of the links between power, politics, and hegemonic discourse embedded in neoliberalism that propagate and reify unequal power edifices that value some groups over others, in life and death, what we refer to as mortuuspolitics. The State, entrenched within the capitalistic neoliberal definition of value, also decides on the value or non-value of the dead.     

Birchall and Benwell. Murder in a Canadian swamp

On 21 February 1890, two woodsmen working in densely wooded Blenheim Swamp in southern Ontario, Canada, stumbled upon the dead body of a young Englishman who had been killed by two gunshot wounds to the head. He was identified as Frederick Benwell by a married couple, the Birchalls, who had traveled with him and another man, Pelly, from England to New York City by ship about 1 week before. The Birchalls lied regarding Benwell's subsequent movements. Questioning Pelly revealed to Detective John Murray that both Pelly and Benwell had replied separately to Birchall's advertisement for young men of means to become partners with him in a large Canadian farm, a deposit first being required. Birchall had been observed taking Benwell from Buffalo, New York, to Blenheim Swamp, for in reality there was no farm. There he had shot Benwell, leaving the body partially exposed. He then tried unsuccessfully to lure Pelly to his death in Niagara Falls. The Birchalls were arrested. Reginald Birchall was tried, convicted, and hanged. His attempt, including murder, to turn the so-called farm pupil colonization scheme to his own benefit had been frustrated by the dogged work of the master Canadian detective Murray.     

Determination of questionable suicide as a homicide by studies of criminal stains

In a woman found dead with cuts on both arms in a domestic sauna plastered with blood were assumed next to a bleed to death. The question self-infliction or by a third party of arm injuries could not be decided. By investigation of blood traces only could be clarified the cause of death. The husband had strangled his wife and inflicted several cuts on both arms with a razor blade to simulate suicide. Afterwards, he also inflicted several cuts on himself with a razor blade with the intention of suicide. He survived these injuries.     

自然人民事责任能力理论的重新检讨--兼论被监护人致人损害民事责任归属的立法选择

一切自然人都具有民事权利能力和民事责任能力。民事责任能力与民事行为能力无关,而取决于民事权利能力。被监护人致人损害的,应适用过错责任的归责原则。无民事行为能力人因为不存在过错,不承担民事责任。限制民事行为能力人致人损害时,被监护人自己如果有过错,应当承担民事责任。监护人在其履行监护义务时有过错的,应对被监护人致人的损害承担民事责任。我国关于被监护人致人损害民事责任归属的立法有修改的必要。     

An Unusual Cause of Headache and Sudden Death of a Young Sailor—Postmortem Computed Tomography and Histological Findings of a Fatal Retroperitoneal Malignant Mixed Germ Cell Tumor

A 26‐year‐old Caucasian sailor, with no past medical history aside from headache for the last 1 week, was found dead in his cabin. The body was stored in a refrigerator on board and disembarked for autopsy 3 days later. Autopsy showed a large, nodular, necrotic and hemorrhagic retroperitoneal mass, and smaller hemorrhagic nodules in the brain, lungs, liver, and left kidney, with the brain being markedly edematous. Both testes were descended and normal. Histologically, the retroperitoneal mass showed a malignant mixed germ cell tumor comprising choriocarcinoma, embryonal carcinoma, and teratoma components. Retroperitoneal extragonadal germ cell tumors are uncommon, and this case of a young male who presented with headache and sudden death due to metastases is extremely rare.     

A fatal case of hypothermia associated with hemorrhages of the pectoralis minor, intercostal, and iliopsoas muscles

In a morning in January, a male in his early sixties was found dead in an outdoor parking area. The minimum temperature during the night before he was found dead was estimated to be 4.0 degrees C. Autopsy revealed the pinkness of hypostasis, slight abrasions and bruises on the face and the extremities, collapse of the lungs, and slight gastric submucosal hemorrhage. Histologic examination revealed compact arrangement of cardiac muscle fibers and cytoplasmic vacuolation in the adenohypophysis. Toxicologic examination demonstrated hyperacetonemia (51.2 microg/mL). Ubiquitin, one of the stress proteins that are induced by several stimuli, including severe cold, was detected in several organs. We concluded that the cause of his death was lethal hypothermia. In addition, hemorrhages were observed in the subfascial and/or intramuscular parts of the pectoralis minor, first intercostal, and iliopsoas muscles. Although it has been reported that iliopsoas muscle hemorrhage can result from hypothermia, there have been few reports concerning hypothermia-associated hemorrhages of the pectoralis minor and/or intercostal muscles. We presumed that intense shivering and/or effort ventilation during the course of lethal hypothermia might cause these muscle hemorrhages.     

Fatal intravenous fentanyl abuse: four cases involving extraction of fentanyl from transdermal patches

The transdermal fentanyl system delivers a specific dose at a constant rate. Even after the prescribed application time has elapsed, enough fentanyl remains within a patch to provide a potentially lethal dose. Death due to the intravenous injection of fentanyl extracted from transdermal patches has not been previously reported. We present 4 cases in which the source of fentanyl was transdermal patches and was injected. In all of these cases, the victim was a white male who died at home. Case 1 was a 35-year-old with no known history of drug use, who was found by his wife on the floor of his workshop. Police recovered a fentanyl patch, needle, and syringe at the scene. Case 2 was a 38-year-old with a known history of drug use whose family claimed that he was in a treatment program that used fentanyl patches for unknown reasons. His brother found him dead in bed, and law enforcement officers found a hypodermic needle beside the body; a ligature around his left hand, and apparent needle marks between his first and second digits were also noted. Case 3 was a 42-year-old with a recent attempted suicide via overdose who was found dead at his home. An empty box of fentanyl patches, Valium, Ritalin, and 2 syringes were found at the scene. Case 4 was a 39-year-old found by his mother, who admitted to removing a needle with attached syringe from the decedent's arm. Medications at the scene included hydrocodone, alprazolam, zolpidem, and fentanyl patches. All reported deaths were attributed to fentanyl intoxication, with blood concentrations ranging from 5 to 27 microg/L.     

Physician crimes and criminals. The historical and forensic aspects

The physician, like any other human being, is subject to emotional problems, greed, jealousy, and instability of an individual under stress as well as mental disease which may all bring out improper behavior or criminal activity. Over the last two centuries, there have been instances where physicians have committed deliberate acts of murder on wives, relatives, patients, and others. Their motivation has ranged from ridding themselves of a nagging wife or for insurance and inheritance gains to insane acts. The methods used have usually been associated with poisons and drugs, of which the physician may have great familiarity. The frequency of physician-involved murders seems to have increased in the past two decades with several sensational cases being the topics of media coverage and further review in books and visual media, including television and the movies. The investigation of these cases may be very difficult, especially when a drug may be given to a victim which could cause severe problems after small amounts are given. The detection of death as being a murder may be the first problem faced, the demonstration of the fatal agent in the body in the next problem, and probably the most difficult is finding a suspect with the medication in his or her possession or paraphenalia for injecting such as a syringe and needle. The stealth and cunning of the murderer may further complicate the picture for the investigator as well as the reputation of the physician in the community, which is often above reproach so that the public has to be convinced of the actual involvement of the suspect.