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Der Vollrauschtatbestand de lege ferenda (완전명정죄 처벌규정의 입법론)

  • Seong, Nak-Hyon
    • Journal of Legislation Research
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    • no.55
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    • pp.137-166
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    • 2018
  • Wenn nach dem starken Trinken etwas strafbares passiert, so ist das Gesamtverhalten als $strafw{\ddot{u}}rdig$ und strafbar anzuerkennen. Aber nach dem Schuldprinzip handelt ohne Schuld, wer bei Begehung der Tat $unf{\ddot{a}}hig$ ist, das Unrecht der Tat einzusehen oder nach dieser Einsicht zu handeln(Koinzidenzprinzip). Die Rechtsfigur der "actio libera in causa" dient dazu, diese in $h{\ddot{a}}ufigen$ $F{\ddot{a}}llen$ als kriminalpolitisch $unerw{\ddot{u}}nscht$ empfundene $L{\ddot{u}}cke$ zu umgehen. Dabei kommt auch dem Vollrauschtatbestand in der Praxis $erh{\ddot{o}}hte$ Bedeutung zu. Der deutsche Gesetzgeber war sich bei der Aufnahme des Vollrauschtatbestandes in das Gesetz durchaus $bewu{\ss}t$, $da{\ss}$ die Vorschrift eine Ausnahme zur Schuldzurechnungsregelung darstellte. Er $w{\ddot{a}}hlte$ jedoch die Form eines $selbst{\ddot{a}}ndigen$ Tatbestandes, um die Durchbrechung des reinen Schuldprinzips $ertr{\ddot{a}}glich$ zu machen. Der Vollrauschtatbestand ist ein abstraktes $Gef{\ddot{a}}hrdungdsdelikt$ -demnach die im Rausch verwirklichte rechtswidrige Tat nur objektive Bedingung der Strafbarkeit ist -, das sachlich eine Schuldzurechnungsregelung $enth{\ddot{a}}lt$, und zwar eine Ausnahme $gegen{\ddot{u}}ber$ die Regelungen ${\ddot{u}}ber$ Schuldzurechnung. Dieser Vollrauschtatbestand ist dennoch als regitime $Erg{\ddot{a}}nzung$ der in Schuldzurechnungsregelungen beschriebenen $Schuldzurechnungsgrunds{\ddot{a}}tze$ anzusehen. Er steht $n{\ddot{a}}mlich$ in Einklang mit dem Schuldgrundsatz, wenn als subjektives Tatbestandsmerkmal des Vollrausches die Kenntnis der $Gef{\ddot{a}}hrlichkeit$ des Rauschzustandes $f{\ddot{u}}r$ die Begehung von Delikten vorausgesetzt wird.

A Study on Taoism Theory in the Former Half of Joseon Dynasty (조선 전기 도가사상 연구 - 「심기리편(心氣理篇)」과 『조선왕조실록』에 나타난 '도가'를 중심으로 -)

  • Kim, Youn Gyeong
    • The Journal of Korean Philosophical History
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    • no.43
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    • pp.9-32
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    • 2014
  • Until now, the studies researching the Taoism theories of Joseon Dynasty have mainly dealt around the latter half of Joseon Dynasty. The reason for that was because the 5 cribs of a book Lao Tzu and the 2 crib of a book Changzi were produced after the Imjin-Year Korean-Japanese War(壬辰倭亂,Imjin Waeran). Therefore this thesis extracted the mentions about Taoism from about 200-year history records from Jeong Do-Jeon's Theory, which was the theoretical foundation for early days of Joseon's foundation and the history book King Taejong's Annals(太宗實錄) contained in The Annals of Joseon Dynasty(朝鮮王朝實 錄) and analyzed the extracted historic data as the first work contemplating how the Taoism theories were developed during the first half of Joseon Dynasty. From the analysis, this study drew out the findings as follows. Jeong Do-Jeon and Gwon Geun sharply criticized the Taoism for that it pursued for the techniques of longevity for oneself without moral. They tried to establish the identity of neo-Confucianism on the foundation criticizing the Taoism and the Buddhism. Since then, the Taoism was transformed through the 3 stages in The Annals of Joseon Dynasty. The first stage was the stage transformed 'Lao Tzu' as the witchcraft master of long-live, the technique of the taoist hermit and the super god in Taoism, and regarded the Taoism as heresy and excluded the Taoism. Second stage was the stage trying to see the book Lao Tzu as the core of Taoism theory separately from the 'Hermit Witchcraft' and the 'Taoist gods' the target of fortune-pursue religion beyond from the primary discussion of exclusion. Third stage was revealed as the respects on the art of politics and the art of living described in the book Lao Tzu. That is, the Taoism theories in the first half of Joseon Dynasty was developed with various spectrums from the early days of Joseon's foundation to 15~16 centuries beyond Joseon's strong suppression against the Taoism and the Buddhism in early days. That is the point that the Taoism in the first half of Joseon Dynasty can't be simply interpreted in the neo-Confucianism. During the firs half of Joseon Dynasty, the warm attitude toward the Taoism was created differently from the attitude against suppressing it as a cult, which had been created in the early days of Josen's foundation, and there appeared the changes accepting the art of living and the art of politics theoretically integrating with the Confucianism theories. That is, the book 'Lao Tus' became accepted as the Confucian country's arts of living and politics from a cult book pursuing for immoral log and immortal life. Such acception is revealed as the appearance actively interpreting the books about Laoism in the latter half o Joseon Dynasty.

Universal Ethics and Pragmatic Pluralism (보편윤리학과 실용주의적 다원론)

  • Kwon, Su-Hyeon
    • The Journal of the Convergence on Culture Technology
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    • v.7 no.1
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    • pp.446-453
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    • 2021
  • This paper deals with two methods regarding fact and value. One is the method of H. Putnam, which is to break the boundary between fact and value and to make a world where the two have an inherent connection. The other is the method of J. Habermas, which regards fact and value as the product of an intersubjective agreement based on argumentation. Putnam, through his position of internal realism, moves from realism to pragmatism, especially by combining the rationalist tradition of Kant and Dewey's pragmatic views. Habermas also stands in the tradition of rationalism and universalism in Kant, at the same time emphasizing the practicability of truth in Hegel's tradition of historical reason. The significance of the strategy of Putnam and Habermas is that they have attempted to revive the realm of value against the strict dichotomy of facts and values and the subsequent devaluation of rationality in the realm of value. The starting point of this attempt is that the practical foundation of rationality is laid on life and practice. This could provide the room for escaping from rationality, which prioritizes only truths that reveal facts, that is, instrument-reduced rationality, the room for the revival of practical rationality through reflection on what is the purpose of life, and, in turn, the room for resisting to pass the realm of values and norms to the logic of habitual routines or customs. However, despite such common goal, there are clear limitations to Putnam's approach due to the differences in the strategies taken on facts and values. Putnam's method can demolish the whole universal framework that is the foundation where pragmatic pluralism will be fostered, eliminating the difference between the specificity of values and the universality of norms and shaking up the status of universal ethics. Therefore, Habermas' ethical theory is proposed as an alternative to establish a basis for universal ethics by relying on communication rationality and to secure the coercion of norms and blossom cultural pluralism as a diverse lifestyle based on this coercion.

Present Status of the Quality Assurance and Control (QA/QC) for Korean Macrozoobenthic Biological Data and Suggestions for its Improvement (해양저서동물의 정량적 자료에 대한 정도관리 현실과 개선안)

  • CHOI, JIN-WOO;KHIM, JONG SEONG;SONG, SUNG JOON;RYU, JONGSEONG;KWON, BONG-OH
    • The Sea:JOURNAL OF THE KOREAN SOCIETY OF OCEANOGRAPHY
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    • v.26 no.3
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    • pp.263-276
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    • 2021
  • Marine benthic organisms have been used as the indicators for the environment assessment and recently considered as a very important component in the biodiversity and ecosystem restoration. In Korean waters, the quantitative data on marine benthos was used as one of major components for the marine pollution assessment for 50 years since 1970s. The species identification which is an important factor for the quantitative biological data was mainly performed by the marine benthic ecologists. This leads to the deterioration of the data quality on marine benthos from the misidentication of major taxonomic groups due to the lack of taxonomic expertise in Korea. This taxonomic problem has not been solved until now and remains in most data from national research projects on the marine ecosystems in Korean waters. Here we introduce the quality assurance and control (QA/QC) system for the marine biological data in UK, that is, NMBAQC (Northeast Atlantic Marine Biological Analytic and Quality Control) Scheme which has been performed by private companies to solve similar species identification problems in UK. This scheme asks for all marine laboratories which want to participate to any national monitoring programs in UK to keep their identification potency at high level by the internal quality assurance systems and provides a series of taxonomic workshops and literature to increase their capability. They also performs the external quality control for the marine laboratories by performing the Ring Test using standard specimens on various faunal groups. In the case of Korea, there are few taxonomic expertise in two existing national institutions and so they can't solve the taxonomic problems in marine benthic fauna data. We would like to provide a few necessary suggestions to solve the taxonomic problems in Korean marine biological data in short-terms and long-terms: (1) the identification of all dominant species in marine biological data should be confirmed by taxonomic expertise, (2) all the national research programs should include taxonomic experts, and (3) establishing a private company, like the Korea marine organism identification association (KMOIA), which can perform the QA/QC system on the marine organisms and support all Korean marine laboratories by providing taxonomic literature and species identification workshops to enhance their potency. The last suggestion needs more efforts and time for the establishment of that taxonomic company by gathering the detailed contents and related opinions from diverse stakeholders in Korea.

Study on Manufacturing Techniques and Conservation for Earthenware Horn Cups with a Horse Head Decoration(Treasure) (보물 도기 말머리장식 뿔잔의 제작 기법 연구와 보존처리)

  • KWON, Ohyoung;HAM, Chulhee;YU, Jia;KIM, Hanseul;PARK, Changyuel
    • Korean Journal of Heritage: History & Science
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    • v.55 no.1
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    • pp.51-61
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    • 2022
  • Earthenware horn cups with horse head decorations were excavated from Tomb No. 7 of Bokcheon-dong, Dongraegu, Busan Metropolitan City. Made of earth in the shape of a horn, these cups are considered to have been used to drink alcohol or beverage. Large numbers of earthenware horn cups of various shapes were excavated from tombs located in the old territories of Silla and Gaya. A pair of earthenware horn cups were excavated from Tomb No. 7, and the two cups are almost identical in overall shapes and manufacturing techniques despite different sizes. Conservation treatment was carried out for the bigger one of the two horn cups this time. There are two cracks toward the horse head decorations around the mouth with missing parts observed. The chest of the horse touches the ground with one side decorating the horse head and the other side facing the conical mouth of the horn cup. It is in the U shape, striking a balance based on two legs attached behind. The surface of the horn cup was made with a potter's wheel, and the connection to the horse head has traces of cutting and trimming. The horse head is expressed realistically with its features including the ears, eyes, nose, and mouth well apprehended and its color is grey This study intended to investigate manufacturing techniques of the artifact by examining its internal structure through the condition survey in a non-destructive way. CT imaging was used to figure out its manufacturing techniques and to diagnose its condition, and accordingly the scientific conservation treatment was conducted to stabilize the artifact. The precise diagnosis on conservation condition found that there are two chips in the spout with their cracks extended. One of the chips is connected with separation added to the crack. The material which has been used for connection in the past was collected for the infrared spectroscopic analysis, which was identified to be nitrocellulose resin for the connection. Therefore, this conservation treatment focused on removing the old material and preventing the spread of cracks. Before conservation treatment, the condition survey and scientific examination for the artifact were carried out to secure data about the earthenware horn cup with horse head decorations(Treasure). Based on them, effective plans for its conservation treatment was sought for and then existing adhesive was safely removed, and restoration material was selected to take into account its reversibility. In addition, the conservation treatment according to optimal methodologies was conducted through the consultation meeting with experts.

Analysis of Causality of the Increase in the Port Congestion due to the COVID-19 Pandemic and BDI(Baltic Dry Index) (COVID-19 팬데믹으로 인한 체선율 증가와 부정기선 운임지수의 인과성 분석)

  • Lee, Choong-Ho;Park, Keun-Sik
    • Journal of Korea Port Economic Association
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    • v.37 no.4
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    • pp.161-173
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    • 2021
  • The shipping industry plummeted and was depressed due to the global economic crisis caused by the bankruptcy of Lehman Brothers in the US in 2008. In 2020, the shipping market also suffered from a collapse in the unstable global economic situation due to the COVID-19 pandemic, but unexpectedly, it changed to an upward trend from the end of 2020, and in 2021, it exceeded the market of the boom period of 2008. According to the Clarksons report published in May 2021, the decrease in cargo volume due to the COVID-19 pandemic in 2020 has returned to the pre-corona level by the end of 2020, and the tramper bulk carrier capacity of 103~104% of the Panamax has been in the ports due to congestion. Earnings across the bulker segments have risen to ten-year highs in recent months. In this study, as factors affecting BDI, the capacity and congestion ratio of Cape and Panamax ships on the supply side, iron ore and coal seaborne tonnge on the demand side and Granger causality test, IRF(Impulse Response Function) and FEVD(Forecast Error Variance Decomposition) were performed using VAR model to analyze the impact on BDI by congestion caused by strengthen quarantine at the port due to the COVID-19 pandemic and the loading and discharging operation delay due to the infection of the stevedore, etc and to predict the shipping market after the pandemic. As a result of the Granger causality test of variables and BDI using time series data from January 2016 to July 2021, causality was found in the Fleet and Congestion variables, and as a result of the Impulse Response Function, Congestion variable was found to have significant at both upper and lower limit of the confidence interval. As a result of the Forecast Error Variance Decomposition, Congestion variable showed an explanatory power upto 25% for the change in BDI. If the congestion in ports decreases after With Corona, it is expected that there is down-risk in the shipping market. The COVID-19 pandemic occurred not from economic factors but from an ecological factor by the pandemic is different from the past economic crisis. It is necessary to analyze from a different point of view than the past economic crisis. This study has meaningful to analyze the causality and explanatory power of Congestion factor by pandemic.

Analysis of Economic and Environmental Effects of Remanufactured Furniture Through Case Studies (사례분석을 통한 사용 후 가구 재제조의 경제적·환경적 효과 분석)

  • Lee, Jong-Hyo;Kang, Hong-Yoon;Hwang, Yong Woo;Hwang, Hyeon-Jeong
    • Resources Recycling
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    • v.31 no.5
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    • pp.67-76
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    • 2022
  • The furniture industry has a high possibility to create value-added and a high potential to create new occupations due to the characteristics of the industry, which mainly consists of small and medium-sized enterprises (SMEs). However, the used furniture, which has sufficient reuse value, is also crushed and used as solid refuse fuel (SRF) recently. Besides, the number of waste treatment companies continues to decrease, and it occurs congestion of wood waste. As a way to solve the issue, a business model development of remanufacturing used furniture can be suggested as an alternative due to its high circular economic efficiency. Remanufacturing business including furniture industry creates positive effects in various aspects such as economic, environmental and job creation. In other words, remanufacturing is an effective recycling way to reduce input resources and energy in the production process. The results of economic analysis show that the expected annual revenue from the single worker furniture remanufacturing site was 104 million won which is 3.11 times more than the average income of a single-worker household in Korea and its B/C ratio was estimated about 30 which means high business feasibility. Revenue through furniture remanufacturing also showed 320 times higher than that of SRF production from the perspective of weight. In addition, it is shown that the GHGs reduction from the furniture remanufacturing is 2.2 ton CO2-eq. per year, which is similar to the amount of GHGs absorption effect of 937 pine trees or 622 Korean oak trees annually. Thus the results of this study demonstrate that it is important to adopt an appropriate recycling method considering the economic and environmental effects at the end-of-life stage.

Effect of the Combination of Co-Culture System and Supplemented Protein Sources on the In Vitro Development of Bovine IVF Embryos (각종 공동배양 배지와 첨가 단백질원의 조합이 소 체외수정란의 체외배양에 미치는 영향)

  • Cheong, H.T.;Lee, J.H.;Park, C.K.;Yang, B.K.;Kim, C.I.
    • Korean Journal of Animal Reproduction
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    • v.23 no.4
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    • pp.337-345
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    • 1999
  • The present study was conducted to investigate the effects of various co-culture systems and supplemented protein sources on the in vitro development of bovine IVF embryos. Bovine cumulus oocyte complexes (COCs) were matured and fertilized in vitro. Presumptive zygotes with cumulus cells were transferred to TCM-199 or CRlaa containing 10% FBS or 3mg/$m\ell$ BSA, and cultured for 36~40 hr. After primary culture, cleaved embryos were co-cultured with cumulus cells(CC), bovine oviduct epithelial cells(BOEC) or Buffalo rat liver cells (BRLC) in TCM-199 or CRlaa supplemented with FBS or BSA respectively, for further 6 days. Cleavage rate increased with BSA(P<0.01) in the both TCM-199(79%) or CRlaa(74%) When embryos were co-cultured with CC or BOEC in TCM-199, blastocyst development was enhanced with BSA(40% and 43%) compared to FBS (22% and 29%) , whereas in CRlaa no difference observed between BSA(40% and 39%) and FBS (40% and 42%). When embryos were co-cultured with BRLC monolayer, FBS enhanced the blastocyst development (P<0.05) compared to BSA in both TCM-199(41% vs 31%) and CRlaa (44% vs 37%). The result of the present study showed that the cleavage rate of bovine IVF embryos increased with BSA, The result also showed that BSA can enhance the development of IVF embryos in co-culture with CC or BOEC in TCM-199, suggesting the in vitro development is affected by the medium and supplemented protein sources in co-culture with somatic cells.

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Lipid Peroxidation and Fertilizing Ability In Vitro by Superoxide Dismutase in Boar Spermatozoa Frozen-Thawed (Superoxide Dismutase에 의한 돼지 동결-융해정자의 Lipid Peroxidation과 체외수정능력)

  • Sa, S.J.;Wee, M.S.;Oh, J.Y.;Cheong, H.T.;Park, S.B.;Yang, B.K.;Kim, C.I.;Park, C.K.
    • Korean Journal of Animal Reproduction
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    • v.25 no.4
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    • pp.327-337
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    • 2001
  • This study investigated the effects of superoxide dismutase (SOD) on lipid peroxidation and fertilizing ability in vitro of boar spermatozoa frozen-thawed. The percentages of motile sperm were highest when SOD of 10 units/$m\ell$ was added to washing medium for spermatozoa. However, the rates of motile sperm were not significantly different in different concentrations of SOD. On the other hand, the motile rates of sperm washed with SOD were lower in sperm inculbated for 120 min than 30 min regardless of the different concentrations of SOD. The percentage of spermatozoa that reached acrosome reaction were increased with incubation periods prolonged. No significant differences, however, were observed in acrosome reaction rates between sperm incubated with and without SOD supplementation for 0, 60 and 120 min. When oocyies inseminated with different concentrations of SOD, the penetration rates were significantly (P<0.05) higher in medium with 1 unit/$m\ell$ than 0, 10 and 100 units/$m\ell$ of SOD. However, the proportions of polyspermit oocytes were significantly (P<0.05) lower in medium with 10 and 100 units/$m\ell$ than 0 unit/$m\ell$ of SOD. In another experiment, the sperm suspension were also treated with different concentrations of SOD and were assayed far sulfhydryl(-SH) group content. In the groups treated with 100 units/$m\ell$ of SOD, sperm-SH group were higher than another groups. However, sperm-SH group content were not siginificantly different in spermatozoa treated with different concentrations of SOD. Under the same conditions, the lipid peroxidation of sperm was evaluated on the basis of malondialdehyde production. The addition of SOD to sperm suspension decreased the formation or malondialdehyde. However, there were not significantly different in sperm treated with different concentrations of SOD. The activity of sperm binding to zona pellucida was also evaluated through binding to salt-stored porcine oocytes. The sperm binding to zona pellucida were gradually increased with SOD concentrations added. The number of spermatozoa binded to zona pellucida were significantly (P<0.05) higher in medium with 100 units/$m\ell$ than 0 units/$m\ell$ of SOD. These findings suggested that SOD cause an enhancement penetrarion ability and sperm zona binding in boar spermatozoa frozen-thawed.

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A Study on the Ethics of Reproduction in Alain Resnais's Film -Focusing on , , and (알랭 레네 영화로 본 재현의 윤리 연구 -<밤과 안개>, <히로시마 내 사랑>, <뮤리엘>을 중심으로)

  • Choi, Eun-Jeong
    • Journal of Popular Narrative
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    • v.25 no.1
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    • pp.393-425
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    • 2019
  • This paper focuses on Alain Resnais's representative works (1955), (1959), and (1963), and analyzes how he implements a representation of memory though cinematic apparatus. These three films deal with horrific memories that seem impossible to reproduce aesthetically such as the Holocaust, the Hiroshima Atomic Bomb, World War II, and the war in Algeria. The reappearance of events that stripped humans of even their minimum dignity can naturally be associated with ethical issues. These events can never be reproduced because they cannot be explained in the human language. It is also impossible to reproduce in a way that doesn't invade other peoples' sufferings, nor displays the pain of others as spectacles. Alain Resnais was a director who realized that if factual representation was not possible from the beginning, truthfulness would have to be approached through cinematic form. Therefore, he tries to overcome these problems through cinematic forms. First, he shifts to action films to avoid the obscenity of documentary. shows the records of camps captured by German forces in the past, while shows the pain of others in a fictional form of representation. Next, he describes how the trauma affects the identity of the main character through a flashback in , but also shows a main character who is experiencing trauma without a flashback in Flashbacks have the effect of showing the effects of trauma on the main character, but at the same time they involve the obscenity of enjoying the suffering of others. Nonetheless, the absence of flashbacks highlights the impossibility of representation. This is because it is not silent in the impossibility of representation but is constantly approaching. The attitude that repeatedly circles around impossibility is an ethical form that maximizes the impossibility of representation. In conclusion, this is the ethics of representation that Alain Resnais showed in his films.