test 2 Flashcards
TWO PRIMARY FUNCTIONS OF LAW
- OVERT FUNCTION: PREVENTION OF EXTERNAL CHAOS
- Blend of autonomy functions and community frameworks
- Ex: disinheritance laws - COVERT FUNCTION: PREVENTION OF INTERNAL CHAOS
- Trying to preserve the symbolic order
- Ex: death penalty
BEFORE DEATH
- WISHES
- what should happen after we die (MITH) - BELIEFS
- what does a person believes happens to them when they die - IDIOSYNCRACY
- individual preferences (be buried in glass box) - FAMILY SYSTEMS
- preferences influenced by relationships
ISSUES W WISHES
- Wills/trusts:
- Family that have addictions or gambling issues, “will they blow it all”
- 5, 7 years old girls getting expensive inherited jewelry, “can they get it” - Medical proxy/ advanced care directives
- In case you’re not able to state your wishes
- “if my heart stops, don’t try to revive me” - Power of attorney
- Legal and financial point person
- In principle, this is a good thing
- Financial abuse of the elderly can happen - Organ and body donation
- 70% think it’s a good idea
- Goes back to identity markers
What are political issues?
Focusing on the government: how they treat their citizens and how nations treat each other.
AFTER DEATH
- TAXES/ ESTATES
- probate process: without a will, court decides whether survivor gets right to estate - FUNERARY CONSTRAINTS
- decorations (violates cemetery policy)
- zoning laws (location of cemeteries) - FUNERAL BUSINESS REGULATIONS
- “sale’s persons dream” taking advantage of ppl who have no idea $$ - AUTOPSY/ EXHUMATION
- refers to sacredness of body
-“after buried, should not be dug up” - NECROPHILIA
- NECESSITY OF DISPOSAL
- can’t bury body in backyard - LACK OF PREP
- organs, funeral, costs, etc
The “Laurier Death Game”
Divided into 4 games with 2 resources each.
Discuss, negotiate, and make an alliance with one other group
Two alliances:
1. North-South
2. East-West
Two tasks are done by each alliance:
1. First task: rate quality and stability of life within their own and other alliance*
- Second Task: rate again
resulted in…
- North-south: stronger in group favouritism
- East-west: weaker in group favouritism
therefore death changes everything.
*alliance rated their own group superior; death no longer exists
KEY BACKGROUND FACTORS IN MEDICAL LVL
1) community health initiatives
- What resources are available for health promotion or disease prevention
- Assumption that the water from tap is clean, so if you drink it, it “won’t be bad for you”
2) Health care accessibility
- Literally availability effects it’s psychological availability
3) 4 types of death
Effects not only their death but how they experience their death
KEY PLAYERS/ DECISION MAKERS (MED LVL) (3)
1) Physician/ medical staff
2) family
3) patient (see next cue card)
KEY PLAYERS (PATIENT) (4)
- Fears:
- what are they telling themselves, what are they feeling?
- Not only are you worried about your own death, but what will happen to the ones that care about them
- Or, the thought of being forgotten hurts them
- Communication style:
- Do they even know how they’re feeling
- How safe is it to talk about their feelings
- How willing are they to admit that their in pain
- Sense of responsibility:
- If patient is legal adult, how involved are they in the decision making process
- Some of them will feel it’s too much for them, burden of responsibility is on family
- Unfinished business:
- Depends on the type of death
- Some have a window of time to resolve
KEY ISSUES (MED LVL) (4)
1) Quality of life
- Possibility of recovery
- Duration of the dying process
- Pain vs comfort
- Preservation of personhood
- Much rather be dead than a body that isn’t able to take care of themselves
- Can personhood be preserved
2) Communication - Talking and listening - If patient is a child, complicates the decision making process because they can’t advocate for their own health - Information and feelings 3) Choice - A sense of choice (do I have it) - What is their sense of perceived choice - Making choices (am I taking control of it) - There is typically: acceptance , refusal and search for alternatives - Playing god Competing ethical frameworks (Shweder) 4) Hospice: healing vs cure - Cure: cure the disease - Hospice, typically dealing with terminally ill individual - Not about the physical cure , rather than the healing the mental, emotional etc
COMPETING ETHICAL FRAMEWORKS (SHWEDER)
- Tried to figure out what are they prioritizing when they’re trying to make ethical decisions
- Different regions have different ideas of good and ethical
- If you want to do good, you must consider the 3 ethics:
- Autonomy
- Harm, rights and justice
- Focus on the patients rights
- Capacity to choose, be involved in their treatment
- Community
- Duty, hierarchy, accountability
- I’m dying, what issues does that raise
- Am I abandoning people, am I a burden
- Divinity
- Sacred/ natural order
- This is the way it is; there are bigger things at play , bigger than you and me
- Life is sacred : MAD = no!!!
- Every individual dies at their own natural plan
- Blood transfusion= violation of natural Law
Frameworks are not mutually exclusive !!!
Laurier Death Game: North-South
land, building materials, transportation, medicine
Laurier Death Game: East-West
food, fuel, military, communication
Death and the nation: two perspective
Internal perspective: how does the government treats its won citizens
External perspective: how do nations treat other
Internal perspective
how a governement deal with the people residing in the country
assessed through a political report card.
Includes CHAGILE
Corruption, Human rights, Assasinations, Genocide, Infant mortality, Life expectancy, Environmental degradation.
IP - Corruption
Examine the extent to which international aid is diverted by government official for personal gain
considers factors such as lobbying, bribes, etc
examine elements that unfairly interfere with policy making, favoring profit and power over public good.
IP - Human Rights
typically applied at a subgroup level (race, sexuality, etc.)
involves issues of inclusion and exclusion, essentially deciding who really matters.
encompasses all residents, including refugees and undocumented citizens
focuses on aspects like protection, employment, and access to healthcare
IP - Asssassinations
recognizes that some citizens are considered more important than others in terms of potential assassination.
acknowledges the potential consequences, such as creating power vacuums, instability or sparking revolutions.
IP - Genocide
represents the most extreme denial of human rights
not a random or trivial occurence; often involves extensive justification and preparation.
leaders must sell the idea to themselves and citizens to avoid resistance.
IP - Infant Mortality
usually linked to disease and malnutrition
examines population planning strategies, citing examples like China’s one child policy and Ceausescu’s polices in Romania
highlights the unintended consequence and challenges of such policies
IP - Life Expectancy
Acknowledges that life expectancy is influence by all the factors mentioned above
Outcome of all of the above affecting the average and who dies when
IP - Environmental Degradation
encompasses issues like climate change and access to clean water
recognizes the challenge of tracking slow moving environmental changes and linking them to individual actions.
External Perspective
How nations engage with one another
includes war as well as the use of language in war and sanctions
EP - War
intended to cause harm and kill
nations innovare for more effective harm (ex. Japan’s use of virus infected insects - more deaths than the atomic bomb)
EP - War: Use of Language
Need to engage in storytelling in order to communicate with the rest of the world.
noteworthy language tactics:
Euphemism, Mechanical Language, Official denial and reassurance, forewarning and justificaion, ambiguity of the death toll.