The article analyses, in a comparative perspective, the phenomenon of the evolution of the protection of surviving spouse’s inheritance rights in France and Lithuania, the two legal systems historically having some points of interaction. The protection of the surviving spouse is one of the major preoccupations of married couples of today, the couple occupying a central role within the contemporary family. Comparative analysis reveals certain points of convergence between these two legal systems inasmuch the surviving (...) spouse is considered by both legislations as an heir ab intestat and whose protection over the years has been considerably strengthened. The surviving spouse is called to inherit alongside with the heirs of the first or second order and is entitled to the proportions in assets that have not ceased to increase. Lithuanian law seems to have been innovative at an earlier stage than French law, as it is only in the beginning of the 21st century that significant reforms were carried out in this area of law in France. Analysis has also revealed apparent differences in the scope of protection of the surviving spouse, both in regards to the protection provided by law (statutory protection), as well as protection organised by the will of the spouses (voluntary protection). In some respects the statutory protection is more extensive in France (for example, complementary statutory rights of the spouse in regards to the dwelling place or the quality of héritier réservataire) and the instruments of this protection seem to be more varied (for example, the possibility for the spouses to organise their matrimonial regime by inserting specific clauses into the nuptial contract, mechanisms outside the nuptial contracts, such as donations, wills or life insurance contracts). However, this protection might appear to be more extensive under Lithuanian law as far as the voluntary protection is concerned taking into account the introduction, by the new Lithuanian Civil Code of 2000, of the joint will of spouses under which the whole property of the deceased spouse shall be inherited by the surviving spouse (except the mandatory share of succession). The article raises some doubts as to the desirability or even feasibility of aligning the two models of protection given the fact that each of the two countries has its own history and traditions. Nevertheless, a proposition resurges from the analysis in regard to the possible improvement of the protection of the rights to the dwelling place of the surviving spouse under Lithuanian law. Some elements from the existing French model could be transposed given that the dwelling place is an essential family element providing some stability for the surviving spouse. (shrink)

The posthumous retrieval and use of gametes is socially, ethically, and legally controversial. In the countries that do not prohibit the practice, posthumous assisted reproduction is usually permitted only at the request of the surviving spouse and only when the deceased left written consent. This paper presents the recommendations of an ethics committee established by the Israeli Fertility Association. In its discussions, the committee addressed the ethical considerations of posthumous use of sperm—even in the absence of written consent (...) from the deceased—at the request of either the spouse or the deceased’s parents who wish to become the offspring’s parents or grandparents. It is concluded that under certain conditions, a request by the deceased’s parents to posthumously use the deceased’s sperm is justified and should be granted. (shrink)

It is now eighteen years on since the Human Tissue Act 1961, but this legislation is still unchanged in England, Scotland and Wales. Ian Kennedy, in this paper, lays before us the law as it is, the problems of its interpretation and his opinion of what government should be doing to help clarify the situation and remove some of the problems which exist daily for the doctors who face the dilemma of seeking consent for transplants at the moment of extreme (...) grief for the surviving spouses or relatives of the patient who has been in his care only moments before. Ian Kennedy suggests that by doing nothing the Department of Health and the government are being both callous and less than honest. (shrink)

By analyzing legacies in California from 1890 to 1984 Judge and Hrdy (1992) detected a gender-related difference: Men with children were statistically more likely to leave all of their property to a wife than were mothers to a husband. The authors argue that men were more likely than women to remarry and have additional children. Thus, in order to transfer their wealth to their mutual children, men can leave it to their wives but women can avoid risks by giving it (...) to the children directly. This hypothesis was tested by two experiments in which subjects were asked to put themselves in the position of a person writing a will and allocate the wealth to the surviving spouse and the children. Age and sex of the heir/heiress were experimentally varied. The results support the inclusive fitness interpretation. (shrink)

This book examines the reactions of the friends and family of those who elect to die due to terminal illness. These surviving spouses, partners, relatives and friends, in addition to coping with the death of a loved one, must also deal with the loved one's decision to die, thus severing the relationship. C. G. Prado examines how reactions to elective death are influenced by cultural influences and beliefs, particularly those related to life, death and the possibility of an afterlife. (...) Understanding the role of these cultural influences on the grieving processes of survivors is a crucial step in allowing them to accept both intellectually and emotionally the finality of elective death and to deal with the decision of their loved one. (shrink)

Sex differences in behavior are most interesting when they are the result of inherent differences in the operational rules motivating behavior and not merely a reflection of differing life history experiences. American men and women exhibit a few differences in testamentary patterns of property allocation that appear to be due to inherently different rules of allocation. Even when analyses control for resources and surviving kin configurations, women distribute their property among a greater number of individual beneficiaries than do men. (...) The most striking differences in property allocation between men and women occur within the nuclear family and reflect differences in reproductive life span and the resulting reproductive conflicts between spouses that can endure beyond death. (shrink)

Living donor kidney transplantation has increased significantly in the past 10 years. Currently it accounts for 41% of all kidney transplants in the USA.1 While the percentage is lower in the United Kingdom and other European countries, the number of living compared with cadaveric kidney donors will probably continue to increase globally. Mortality associated with surgery on live donors is low, thanks largely to the success of laparoscopic nephrectomy. Kidney transplantation from a living donor is preferable to that from a (...) cadaveric, or deceased, donor because of its superior graft and patient survival outcomes. It also preempts the need for or reduces the duration of dialysis for individuals with end-stage renal disease and therefore greatly improves their quality of life.Some who donate kidneys to anonymous recipients are motivated by altruism, with no direct benefit and only an indirect psychological benefit as a consequence of donating. Those who donate may be motivated by prudential reasons involving shared interests, or by a sense of obligation grounded in emotional relations. This includes donations between spouses, siblings, parents and children and may also include donations between intimate friends. Others may be motivated to donate by the prospect of financial gain. In a recent article on kidney markets, The Economist claimed that those who donate one of their healthy kidneys do so at “very little risk to their health”.2 Presumably, this provides support for these markets. In 2004, Zell Kravinsky, an American in his early 40s, gave away one of his healthy kidneys to a stranger as part of a utilitarian obligation to help other people and maximise the good by saving or improving the quality of their lives.3 He estimated that this entailed a statistically insignificant risk to his health. In a lecture to an ethics class at …. (shrink)

It is estimated that 15% of the world’s population experiences some form of disability. Disability itself is a hurdle in living and surviving. The vulnerable is always a victim of the situation. Discrimination in accessing human rights is experienced very commonly and again the condition of physically challenged women is worst. In India, still, a girl child is looked upon as unwanted and if she is disabled then is more avoided and neglected. Divyaang women and girls face double standards, (...) which lead to gender-based violence, sexual harassment, injustice, exploitation, and abuse. They face inequalities in education, health care, employment as a means of livelihood and social, civic opportunities and community participation, social stigma, lack of housing, and lack of spouse. This paper aims at knowing the marital status of disabled women/girls. Whether the disabled men accept Divyaang women/girls as wives, and how their husbands, children, and in-laws treat Divyaang women/girls is also an aim of the paper. (shrink)

How can hope, love and faith stay alive when dementia enters a home? In this article I shall look especially at the spouse or partner who shares an abode with a person with dementia. Most of the authors in this field, also John Swinton who is perhaps the best known author whose books are written from a theological perspective, focus on care in institutions, that means care by professionals. A partner living with a dementia patient has two main roles: (...) as partner and caregiver. Night and day a partner is witness to the ongoing deterioration of her or his beloved partner, without being a professional. This article is founded not only on literature about dementia patients, but also on the experiences of several partners, as well as my own experiences as a partner. The question we all ask is: 'From where does our strength come?' I argue that what is said in the literature on the subject of dementia patients does not help the partners, because it lays a heavy burden on them, who are already suffering from feelings of grief and guilt. I do not agree with John Swinton's idea that God created dementia. Looking for different ways of thinking about God and faith to survive with hope and love, I turn to the exegesis of the creation stories by Ellen van Wolde. These give the opportunity to take the evil of the situation of the deterioration of the personality of a patient with dementia seriously, and at the same time grant the possibility to turn the grief and guilt feelings into strength to fight evil, together with a God whose empathy and love stays with a partner in her or his loneliness and grief. (shrink)

Meng Mu of China is arguably the first well-known Confucian woman philosopher whose views on education and on ethics within marriage and the family were first taught by her to her son, Mengzi (Mencius). Her views are captured in brief surviving quotations concerning the duty to develop one’s own character, duties of married men to their spouses, and the duty to maximize the benefits of one’s own education.

The 1995 Constitution of the Republic of Uganda in terms of article 31 (2) thereof, establishes rights under which widows and widowers can inherit property from their spouses and enjoy parental rights over their children. A duty is placed on the government to make appropriate laws to this end. More important though, the state has a duty to facilitate the administration of estates in general by making, through decentralization, the institutional and legal framework on succession more accessible to ordinary people. (...) An issue that deserves fresh consideration is whether this obligation to make the legal and institutional framework on succession accessible to ordinary people and especially widows, the years fater the Constitution was promulgated has been realized, and if so, whether it has advanced the property rights of these surviving female spouses in the estates of their deceased spouses. (shrink)

It has been quite a year so far(!) and as the wenches we are, we have been taking our time to collect our thoughts and reflections before sharing them at the start of this issue of the journal. In this editorial we think through the COVID-19 pandemic and its devastating effects on the world, on our lives and on our editorial processes. We renew our commitment to improving our operations as a journal and its health along with our own as (...) we deploy wench tactics to restore, sustain and slow down to negotiate this new reality, this new world. We conclude with an introduction to the fascinating contents of this issue along with a collaborative statement of values on open access as part of a collective of intersectional feminist and social justice editors. Through all of the pain and suffering we focus our gaze on hope: hope that we can come through this global crisis together engaging in critical conversations about how we can be better and do better as editors, academics and individuals for ourselves, our colleagues and our journal. (shrink)

Neff's gripping images and poignant narratives are the stories that New Orleans citizens told one another - a view of the disaster not captured by the news cameras - and pho.

Fiona Nicoll and Melissa Gregg met on the job at a new university having both moved from Sydney to Brisbane to take up their appointments. Here they share reflections on teaching a cultural theory course that they inherited from a prominent Australian Professor of Cultural Studies, offering the perspectives of two consecutive generations of cultural studies theorists now teaching in the field since the early 1990s. This situation gives rise to new interpretations regarding the value and uses of theory in (...) the classroom. Noting the subtle differences involved in teaching the same theoretical material in different cities, the ironies of teaching radical cultural theory in a conservative institutional environment, and the specific opportunities and challenges of teaching cultural studies theory as opposed to others, the article considers some of the silences teachers must also contend with in their classroom practice, drawing on and expanding the terrain established by Thorkelson's thesis. (shrink)

Braddon-Mitchell and Miller put forward the claim that the relation of being-the-same-person is gradable: a person can be the same person tomorrow as today, but only half the same. To justify their thesis, they propose a model of persons that is intended to be metaphysically neutral. This article sets out to show that such a model implicitly contains strong metaphysical assumptions that run contrary to the authors’ own statements. Using Roman Ingarden’s phenomenological ontology, we aim to demonstrate that within the (...) model in question persons exist intentionally, where this leads to a caricature rather than an adequate account of persons. In opposition to Braddon-Mitchell and Miller, we argue that the justification presented for the thesis of the gradability of the relation of being-the-same-person in fact makes it reasonable to demand that an adequate model of persons be posited. We present Kurt Lewin’s holistic topological-dynamic model, and show that in this context it is not being-the-same-person that is gradable, but rather the characteristic (of persons) that is dimension. Thus, we reject the thesis of the gradability of the relation of being-the-same-person involved in personal identity. (shrink)

In line with some recent studies that emphasize the importance of embodied meanings in social interaction and face-to-face communication, this study recognizes the significance of the body in human meaning-making processes and contributes to the emerging studies that explore the relation of the body, self, and social interaction. Unlike studies that analyze the body as a symbol or text disconnected from the actual body (i.e., a representation), this study does not separate appearance from the body. Rather, this research explores embodied (...) appearance and shows how a nonconforming appearance might highlight the body's presence in interaction, making it a focal point of attention in contrast to the taken-for-grantedness of our bodies in everyday life. I examine the reported experiences of some breast cancer survivors to find the implications of changes in physical appearance due to radiation, chemotherapy, or surgery, for survivors and their interactions with others. (shrink)

This is the story of Lisa 1 —a woman like so many others who has been abused—and of her healing journey using music and creative arts experiences. It is also a story about how music, song, poetry, art, and dance awakened her to a new consciousness and provided the necessary empowerment she needed in order to reclaim the woman she had been before experiencing the trauma of abuse. While the question of how utilization of music and the creative arts encourages (...) personal transformation and healing is also deserving of a theoretical exploration, in this article I have chosen to foreground Lisa's story as narrative, in order to also engage the reader with the transformative potential of empowerment that comes through listening. I have chosen an approach that foregrounds Lisa's experience over theory explicitly, for, it is with the process of "finding voice" and of engaging the listener in that process, that transformation of consciousness and empowerment occurs. (shrink)

Purpose This paper aims to outline how destructive communication exemplified by ransomware cyberattacks destroys the process of organization, causes a “state of exception,” and thus constitutes organization. The authors build on Agamben's state of exception and translate it into communicative constitution of organization theory. Design/methodology/approach A significant increase of cyberattacks have impacted organizations in recent times and laid organizations under siege. This conceptual research builds on illustrative cases chosen by positive deviance case selection of ransomware attacks. Findings CCO theory focuses (...) mainly on ordering characteristics of communication. The authors aim to complement this view with a perspective on destructive communication that destroys the process of organization. Based on illustrative cases, the authors conceptualize a process model of destructive CCO. Practical implications The authors expand thoughts about a digital “corporate immune system” to question current offensive cybersecurity strategies of deterrence and promote resilience approaches instead. Originality/value Informed by destructive communication of cyberattacks, this theory advancement supports arguments to include notions of disorder into CCO theory. Furthermore, the paper explains where disruptions like cyberattacks may trigger sensemaking and change to preserve stability. Finally, a novel definition of ‘destructive CCO’ is provided: Destructive Communication Constitutes Organization by disrupting and destroying its site and surface while triggering sensemaking and becoming part of sensemaking itself. (shrink)

One of the most predictable implications of photography consists of the ability to fix some images returning them in a variable timeframe for the observation. In all the major world cities, it is common to incur in some book where recent photos are compared to old ones searching the same point of view in order to make the comparison more accurate and stimulate the critical ability of the observer. An exercise that sometimes stimulates a sort of regret for the past, (...) pointing out a diffused excess of nostalgia for times gone by. Nevertheless, the reality and meaning of modern city images are not always so prosaic. What happens when photographs are evocative of a reality that is completely lost in the collective imaginary even though it still exists and functions, despite being forgotten and buried in the depths of the city? This is the case of very few pictures capable of telling the story of a city, Milan, and its only “real” river, the Olona, whose waters, humiliated and rejected, continue to flow in total amnesia. It is a different story when photography does not have the role of nourishing nostalgia, but the power to make visible and explain the variation of a presence and its progressive obliteration. Some pictures testify to the passage from the bucolic amenity of the river and its banks in a pre-urban context to a muscular urban infrastructure. A rigid channelized river, shown with confidence, is trying to keep its presence, until the moment of its inevitable decline and disappearance. It is in these images that the possibility of reconsidering the Olona as a part of the new project for the city lies. (shrink)

In Themistius’ Paraphrase of Aristotle’s _Metaphysics_ 12, Yoav Meyrav offers a new critical edition and study of the Hebrew text and the Arabic fragments of Themistius’ 4th century paraphrase, whose original Greek is lost.

Background:Caring for a partner with primary malignant brain tumour can be a dramatic life-changing event. Primary malignant brain tumour is known to give poor life expectancy and severe neurological and cognitive symptoms, such as changed behaviour and personality, which demand greater caring responsibilities from spouses.Aim:The aim of the study is to explore ethical dilemmas spouses experience in the everyday care of a partner in treatment for primary malignant brain tumour.Research design, participants and research context:A phenomenological and hermeneutic qualitative descriptive design (...) was adopted as a method for collecting and analysing data. Ten spouses were interviewed twice using an in-depth, semi-structured interview guide. The interviews took place at the spouses’ homes or at the hospital.Ethical consideration:Ethical matters were considered throughout the research process. Permission from The National Committee on Health Research Ethics and the Danish Data Protection Agency was obtained.Findings:The analysis showed that the spouses perceived daily ethical dilemmas in caring for a partner with primary malignant brain tumour. Their life as well as their partner’s life had changed considerably. The main theme that emerged therefore was ‘oscillating in a changing relationship’. This theme was further elaborated in three subthemes that in more detail demonstrated the dilemmas: ‘doing the right thing in unpredictable daily situations’; ‘torn between patience and guilt’; and ‘living in a time of uncertainty, hope and despair’.Conclusion:Caring for a partner with changed behaviour and personality due to primary malignant brain tumour may involve exhausting ethical caring dilemmas. Spouses’ married life may change to a semi-professional asymmetrical relationship, which is challenged by the oscillation between acting responsibly for their partners’ well-being and caring dilemmas with no answer for what the right thing to do is. Mixed feelings of right and wrong, patience and guilt, hope and despair seem to be spousal companions through their partners’ progressing illness. (shrink)