This chapter contains sections titled: What Does the Indeterminacy Thesis Mean? Is the Law Radically Indeterminate? Is a Modest Version of the Indeterminacy Thesis Defensible? Conclusion References.

BackgroundA physician's duty to provide an adequate explanation to the patient is derived from the doctrine of informed consent and the physician's duty of disclosure. However, findings are extremely limited with respect to physicians' specific explanatory behaviours and what might be regarded as a breach of the physicians' duty to explain in an actual medical setting. This study sought to identify physicians' explanatory behaviours that may be related to the physicians' legal liability.MethodsWe analysed legal decisions of medical malpractice cases (...) between 1990 and 2009 in which the pivotal issue was the physician's duty to explain (366 cases). To identify factors related to the breach of the physician's duty to explain, an analysis was undertaken based on acknowledged breaches with regard to the physician's duty to explain to the patient according to court decisions. Additionally, to identify predictors of physicians' behaviours in breach of the duty to explain, logistic regression analysis was performed.ResultsWhen the physician's explanation was given before treatment or surgery (p = 0.006), when it was relevant or specific (p = 0.000), and when the patient's consent was obtained (p = 0.002), the explanation was less likely to be deemed inadequate or a breach of the physician's duty to explain. Patient factors related to physicians' legally problematic explanations were patient age and gender. One physician factor was related to legally problematic physician explanations, namely the number of physicians involved in the patient's treatment.ConclusionThese findings may be useful in improving physician-patient communication in the medical setting. (shrink)

Legal mobilization in the courts and in political discourse has emerged as an increasingly important strategy of social movements that complements other political approaches. This is true also for women’s movements in post-socialist countries, but most research on strategic litigation has focused so far on common law countries and on supranational litigation in Europe. Using the case of Poland as an example, this article asks why references to the law are so attractive in post-socialist contexts and what can be gained (...) by this with respect to actual rights, justice and social change. It focuses thereby on strategic litigation as the most sophisticated strategy that results from other sustained movement activities connected with the law. It draws on field research, interviews with activists and analyses of primary as well as secondary sources. The article explores the reasons for using the law as the ‘master frame’ by analysing the traditions of gender and law in state socialism and during democratic consolidation. Two examples of strategic litigation, the Tysiąc case for reproductive rights and the ‘Biedronka’ cases for employment rights, are analysed and situated in the context of other legal mobilization activities. These cases set the agenda for crucial social problems and resulted in binding decisions by the courts. A broad and predominantly supportive media discourse was conducive to cultivating public opinion. These analyses support the conclusion that legal mobilization tends to directly influence law and legal practices. It has a socializing effect on the population and their legal consciousness. In aiming at both state and society, these legal strategies of the women’s movement are a modest but crucial success for democratic consolidation. (shrink)

In September 2009, the First Circuit Court of Appeals decided Blue Cross & Blue Shield v. AstraZeneca Pharmaceuticals LP, part of the class action suit known as In re Pharmaceutical Industry Average Wholesale Price Litigation. The First Circuit upheld a Massachusetts District Court finding that AstraZeneca violated Massachusetts’ consumer protection laws by manipulating the “average wholesale price” of its physician-administered injectable cancer drug Zoladex, leading to overpayment by the government, third-party payers, and consumers. This case, which highlights the persistent tension (...) between pharmaceutical pricing flexibility and consumer protection, has important implications for similar pending class actions.Between 1991 and 2003, Medicare, as well as many private insurance companies, pegged reimbursement for certain pharmaceutical products to a national “average wholesale price” for each drug. Although the amended 1991 Medicare Part B regulations3 that introduced the term “average wholesale price” failed to define it explicitly, there is some indication in the legislative history that AWP was intended to refer to the prices that physicians and pharmacists actually pay to the drug manufacturers. (shrink)

This article focuses on the analysis of the main positions of the Constitutional Court of the Republic of Lithuania in the cases of intellectual property law. In the article three judgments and the positions of the Constitutional Court extracted therefrom are analysed. The Constitutional Court has formed several important positions with reference to intellectual property law regarding usage of property protection norms for the protection of intellectual property, requirements of application of compensation as an alternative to damages compensation and (...) the calculation of criterions thereof as well as functional legal protection of trademarks. It should be noted that Article 23(1) of the Constitution of the Republic of Lithuania has extended protection to property and, as the Constitutional Court of the Republic of Lithuania has noted, the constitutional protection of property covers not only the protection of tangible, but also of intellectual property. In the same judgment, the Constitutional Court stated another important intellectual property related rule, namely that constitutionally established property protection rights have to be implemented regardless of whether a corresponding international treaty has not been ratified, as protection of authors’ rights is granted under Articles 23 and 42(3) of the Constitution of the Republic of Lithuania. However, the second position stating that the rights of foreign subjects are to be implemented even though a corresponding international treaty has not been signed is to be criticised as by coming to such a conclusion the Constitutional Court has ignored the otherwise generally recognised principle of territoriality of intellectual property rights. In two other cases the Constitutional Court has made important statements relevant to intellectual property law. First of all, the Court stated that compensation instead of claiming actual damages is constitutional. By analysing the positions formulated by the Court, an indirect conclusion can be made to the effect that compensation instead of claiming actual damages is necessary in order to ensure effective protection of intellectual property rights. In other words, the purposes of compensation can be recognised: restoring (compensating) the infringed interests of the injured party; simplifying judicial proceedings, whereby faster proceedings (litigation) and easier substantiation is sought; and the preventive purpose (strong preventive effect). However, the Court’s argument regarding the criterion of compensation calculation, saying that the damages incurred by the intellectual property rights owner depend on the sale value of the product concerned is criticisable, as it is rarely the case that the licence fee or profit acquired in the result of unauthorised use of intellectual property objects is calculated with reference to the final sale price of the product. Notwithstanding the arguably weak argument of the Court, the Court’s position regarding the criterion of final sale price itself does not preclude the possibility of reaching a fair final decision. Finally, the Court acknowledged that trademark protection was limited to the economic functions of the trademark and the full protection thereof. (shrink)

It has been argued by many authors that sentences fail to express full-blown propositions: a phenomenon known as semantic underdeterminacy. In some cases, this thesis is accompanied by a conception of thought as fully propositional. This implies that sentences fail to fully express our thoughts. Against this, I argue that many thoughts can be fully expressed by sentences, where by ‘fully expressed’ I mean encoded by a sentence plus minimal contextual information. These are thoughts that may be characterized (...) as less than fully propositional. I provide examples of such thoughts and argue that they plausibly constitute a non-negligible part of our mental life. As I show, these thoughts can be fully expressed by sentences that fail to express full-blown propositions. So it is not the case that sentences even generally fail to fully express our thoughts. (shrink)

“Due process of law” is arguably the most controversial and frequently-litigated phrase in the American Constitution. Although the dominant originalist view has long been that Fifth and Fourteenth Amendment’s Due Process of Law Clauses are solely “process” guarantees and don’t constrain the “substance” of legislation at all, originalist scholars have in recent years made fresh inquiries into the historical evidence and concluded that there’s a weighty case for some form of substantive due process. In this Article, we review and (...) critique these findings employing our theory of good-faith originalist interpretation and construction. We begin by investigating the “letter” of the Due Process of Law Clauses — that is, the original meaning of their texts. Next, to develop doctrine by which this meaning can be implemented, we identify the clauses’ original function — their “spirit” — of barring arbitrary exercises of power over individuals that rest upon mere will rather than constitutionally proper reasons. We contend that the original letter and spirit of the “due process of law” in both clauses requires federal and state legislators to exercise their discretionary powers in good faith by enacting legislation that is actually calculated to achieve constitutionally proper ends and imposes a duty upon both state and federal judges to make a good-faith determination of whether legislation is calculated to achieve constitutionally proper ends. Finally, we confront hard questions concerning the scope of the states’ reserved powers, acknowledging the flaws in the “police-power” jurisprudence associated with the so-called “Lochner era” and we delineate an approach that will better safeguard all “person(s)” against arbitrary power. By so doing, we assist state and federal legislators by providing clarity concerning the constitutionally proper ends that federal and state legislators can pursue; aid state and federal judges by equipping them to review legislators’ pursuit of those ends; and help members of the public by enabling them to monitor the performance of their legislative and judicial agents. (shrink)

The second edition of this volume is a comprehensive, practical and up-to-date analysis of the principles and rules of construction and post-probate issues, including how the courts interpret wills once they become the subject of litigation. This comprehensive work takes account of all recent case law-as well as new legislation such as the Land and Conveyancing Law Reform Act 2009-pertaining to trustees, trusts, trusts of land, and the amendments of the Rules of the Superior Courts by SI No 254 of (...) 2016 relating to the conduct of trials, and SI No 255 of 2016 which deals with pre-trial procedures. Part 1 provides the principles and rules of construction, and the rules of intrinsic and extrinsic evidence, which are applied by the courts when attempting to ascertain and give effect to a testator's intention from vague or uncertain language used by him or her in creating gifts. Part 2 deals with issues that may arise in construction suits concerning, not only uncertain language used in the creation of gifts, but also the actual legal validity of such gifts. Part 3 supplies a useful constructive and interpretative methodology that may be applied for construing and interpreting relevant statutory provisions. Part 4 deals with the forms and procedures required for instituting construction suits, and with issues involving the award of costs. This book is written primarily with legal practitioners in mind and will be of practical use in construction and probate litigation matters. It will also be a useful resource for academic lawyers, students engaged in professional courses, and those undertaking law degrees. [Subject: Wills & Trusts, Irish Law]. (shrink)

The publication of Davidson 2001, anthologizing articles from the 1980s and 1990s, encourages reconsidering arguments contained in them. One such argument is Davidson's omniscient-interpreter argument ('€˜OIA'€™) in Davidson 1983. The OIA allegedly establishes that it is necessary that most beliefs are true. Thus the omniscient interpreter, revived in 2001 and now 20 years old, was born to answer the skeptic. In Part I of this paper, I consider charges that the OIA establishes only that it is possible that most beliefs (...) are true; if correct, then it is also possibly the case that most beliefs are false—the skeptic’s very position. Next, I consider two responses on Davidson'€™s behalf, showing that each fails. In Part II, I show that the OIA establishes neither that it is necessarily merely possibly but actually the case that most beliefs are true. I then conclude that this is enough to answer the skeptic. (shrink)

This case note considers the Court of Appeal decision in Royal Bank of Scotland v. Etridge (No. 2) and other appeals [1998] 4 All E.R. 705. It concerns the familiar scenario of a wife jointly mortgaging (or providing a guarantee for a mortgage of) the family home in order to secure financial support for a business run by her husband. The House of Lords decision in Barclays Bank v O'Brien [1994] A.C. 180 has given rise to a range of litigation (...) in this area, and the spotlight has now moved from the banks to an examination of the quality of advice given by solicitors. The banks have heeded the warnings in O'Brien and now insist that wives are told to obtain independent legal advice. It will be seen that, following Etridge, if the bank tells the solicitor to give the wife legal advice upon undertaking the transaction, that will be sufficient to protect the bank, notwithstanding that the advice was either inadequate or even not actually given. The onus to ensure that proper advice is given is shifted squarely on to the solicitor. The note concludes that the decision is indicative of the shift of judicial opinion against wives seeking to avoid charges over matrimonial homes and in favour of banks. (shrink)

This Article discusses the impact of the international financial crisis on Brazilian capital markets. While the banking industry was not severely affected, leading nonfinancial corporations experienced severe financial turmoil. Two Brazilian corporations cross-listed in the United States - Sadia S.A. and Aracruz Celulose S.A. - suffered billion-dollar losses when the Brazilian real unexpectedly plummeted in relation to the dollar. Despite earlier disclosure that these companies had engaged only in pure hedging activity, these great losses were found to be the result (...) of their highly speculative trading in currencyderivatives. Consequently, several private lawsuits were filed both in the United States and in Brazil. This Article takes a novel approach to the transnational securities litigation debate by examining the particular consequences of private litigation in a developed and in an emerging country. It compares the types of lawsuits filed and their final outcomes. Despite substantially similar alleged wrongdoing, the outcomes for securities holders in each jurisdiction contrast strikingly. Only U.S. investors of both companies were able to obtain substantial financial recoveries; Brazilian investors obtained none. This Article examines the reasons behind these discrepant results and the consequent economic distributional effects on global securities markets after the U.S. Supreme Court decision in Morrison. The Article argues that Morrison aggravates such shareholder cross-border non pro rata compensation and transfers of company value from foreign to U.S. investors. It identifies a set of costs borne by foreign investors, and so far neglected by scholars, as a consequence of the current status of U.S. and international securities law regimes. These costs are the result not only of the typical “circularity problem” in securities litigation, but also of a “double circularity problem” as they fall on foreign shareholders who also suffered equivalent damages to those experienced by the U.S. class being compensated. The Article then discusses potential policy reforms for fixing transnational securities litigation. (shrink)

This article analyzes some recent developments in the system of public law in the Russian Federation, focusing in particular on changing patterns of litigation and increases in use of administrative law, linked to new acts of legislation. It argues that discussion of the Russian case provides a sociological perspective in which we can understand the importance of legal actions in hybrid polities. It explains that litigation in Russia, even where it may have counter-systemic outcomes, is partly incentivized by the government, (...) as promotion of access to law is seen as a means to formalize interactions between citizens and government and so to extend the societal penetration of the political system more generally. Litigation thus forms a mode of practice that, dialectically, possesses both inner- and counter-systemic status. In addition, the article argues that the case of Russia allows us to comprehend litigation as an element in processes of nation building and social integration more widely, and Russia illuminates the systemic significance of litigation in other societies. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:MATERNAL COMPASSION IN THE THOUGHT OF RENÉ GIRARD, EMIL FACKENHEIM, AND EMMANUEL LÉVINAS Ann W. Astell Purdue University l;ike empathy, compassion is a word that seldom occurs in the /writings of René Girard,' who prefers to answer to Martin Heidegger's "anxiety" [Die Sorge] before death by speaking instead of a "concern for victims" [le souci des victims].2 Maternal corn-passion does enter Girardian analysis directly, however, in his discussion ofthe (...) biblical good harlot, a compassionate mother whom Girard calls "the most perfect figura Christi that can be imagined" (1978, 241). In this paper I focus on the neglected theme of maternal compassion in the writings of Girard, letting them enter into conversation, first, with Emil Fackenheim's reflections on the plight and actions of Jewish mothers during the Holocaust and, second, with themes sounded in the philosophy of Emmanuel Lévinas. I argue that maternal compassion is actually central to Girard's understanding of the unveiling of the victimage mechanism, because it sees goodness in the very life of every potential victim, regardless ofwhat that person has done or is capable ofdoing, simply because he or she exists, has a face. The "innocence" of every victim is reducible to the innocence of the infant, because an infant within a sacrificial system can substitute for every other possible victim. The infant and, even more, the unborn bring us back to the very origins of life, to the Creator. There 1 On empathy and Girard, see my "Saintly Mimesis, Contagion, and Empathy." " See James William's comment on this topic in René Girard, ISee Satan Fall Like Lightning (177, note 4). The locus classicus for Martin Heidegger's "anxiety" is his Being and Time, sections 39-42. 16Ann W. Astell is, as Plato asserts and Lévinas reminds us, a "Good beyond being" that, on a transcendent plane, constitutes the "innocence" ofevery human being that lives, protesting against any one's murder. To illustrate the triangulation of desire, the rivalry of doubles, the mimetic crisis, and its possible outcome in victimage, René Girard turns to the famous biblical story ofthe judgment of Solomon in 3 Kings 3:16-28. In that story two women, two harlots, approach the king, each claiming to be the mother ofa single, living infant, over whom they are fighting. "The symmetry is obvious," Girard writes, "and it represents the very essence of human conflict" (1978, 238). Unable to determine the truth ofthe case on the basis of their conflicting testimonies, the wise king tests them by proposinga sacrificial solution that parodies distributivejustice. He decides to cut the baby in half, giving each woman an equal share, the symmetrical division ofthe victim mirroring the symmetry between the litigants. "The Latin word decidere," Girard notes, "mean etymologicalIy to divide by the sacrificial knife, to cut the throat of a victim" (1978, 238). The proposed sacrifice is averted because its horrific promise of an equal apportionment of parts of the baby's body—a sameness that would confirm the two as doubles—reveals a significant difference between the two women. According to the usual reading of the passage, one of the mothers, having (either deliberately or accidentally) killed her own baby by smothering him, lacks any genuine love for the other woman's infant. As Girard explains, "The only thing that counts for her ispossessing what the other onepossesses. In the last resort, she is ready to accept being deprived ofthe child as long as her opponent is deprived of it in the same way.... All that counts is her fascination with her hated model and rival" (1978, 239). The other woman, however, filled with yearning for the life ofthe child to whom she has given birth, reveals herself to be its true mother by renouncing her maternal rights in a passionate plea: "I beseech thee, my lord, give her the child alive, and do not kill it" (3 Kings 3:26). Commenting on the passage, Girard characterizes the values of the false mother as sacrificial, those ofthe good mother as anti-sacrificial. With reference to the child whose fate hangs in the balance, the distinction is clear enough. The true mother begs for the baby... (shrink)

This article examines a legal dispute over the ownership of nine bondservants between a Buddhist monastery and two monks and a nun, focusing on the legal apparatus and practices in Dunhuang when it was under Tibetan control. During the Tang, eminent monks of the Buddhist clergy petitioned for exemptions from public courts in order to restrict trials of ordained Buddhists at alternative venues. Such petitions were declined, granted, or revoked by different Tang emperors. This case study demonstrates that ordained Buddhists (...) on this Sino-Tibetan frontier affiliated with the Buddhist clergy in Dunhuang did not enjoy this privilege. Instead of being shielded from public attention, two Buddhist monks and a nun successfully litigated against a Buddhist monastery in a public court. (shrink)

Together, the code and inferential models of communication are often thought to range over all cases of communication. However, their prevailing versions seem unable to fully explain what I call underdeterminacy without ostension. The latter is constituted by communication where stimuli that are not (nor appear to be) produced with communicative or informative intentions nevertheless communicate information underdetermined by the relevant codes. Though the prevailing accounts of communication cannot fully explain how communication works in such cases, I (...) suggest that some version of the inferential model can—if we allow it to extend to non‐ostensive, non‐intentional behaviors. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Mahāyāna Interpretation of Christianity:A Case Study of Zhang Chunyi (1871–1955)Lai Pan-chiu and So Yuen-taiMahāyāna Buddhism is one of the most popular religions in East Asia. It reflects the characteristics of the culture of East Asia and has had a tremendous impact on the culture(s) of the region. When Christianity was introduced into East Asia, it did not enter a religious vacuum. Because the people of East Asia have their (...) own culture, including their worldviews, values, and preunderstandings of religion, it is expected that they may interpret the Christian religion in a way significantly different from the Western interpretation of Christianity. One of these possible ways of reinterpreting Christianity is facilitated by the Mahāyāna Buddhist framework.This paper consists of an analysis of the Mahāyāna interpretation of Christianity made by Zhang Chunyi (1871–1955).1 Zhang was a rather well-known Sinologist who published several commentaries on Chinese classics, including Mozi, Laozi, and Zhuangzi. Though he had been well trained in Chinese classics, he was attracted to Christianity, with the hope that Christianity might contribute to the social reform of China. He even received baptism in an Anglican church in 1905. However, because of his in-depth study of Buddhism and his disappointment with the actual practices of the Christian churches at that time, he eventually converted to Buddhism during the 1920s. From that point, he formally promoted the slogan "Buddhicizing Christianity" (Fohua Jidujiao). His proposal for Buddhicizing Christianity includes a severe criticism of the "foreign" form of Christianity being "imported" to China mainly by the Western Protestant missionaries who, according to Zhang, preached a simplistic and even distorted "gospel" for they lacked the spiritual training (nei xue, lit., "inner learning") as well as the intellectual ability to understand sophisticated Chinese philosophy and genuine Christianity. Partially under his influence, some of his contemporary Chinese Christians were converted to Buddhism. In fact, he published at least eight books on interpreting and reforming Christian doctrines from the perspectives of Buddhism, Confucianism, and so on.2 He was probably the most prolific writer on the subject of his generation and one of the pioneers [End Page 67] in what is now called Mahāyāna theology. This brief outline of his rather unusual religious journey might have indicated the importance of the study of his Buddhist interpretation of Christianity. However, owing to mainly sociopolitical turmoil as well as the religious atmosphere at that time and in the subsequent decades, his Buddhist interpretation of Christianity has not been formally studied for decades.In recent years, more and more studies of Buddhist-Christian dialogue take place in the Chinese context.3 It is important to study previous cases of Buddhist-Christian dialogue, Mahāyāna theology, and so on. Some of these cases, including Zhang's, have been studied.4 This paper aims to examine Zhang's thought critically and to show that although Zhang advocated a Mahāyāna interpretation of Christianity before and after his conversion to Buddhism, his interpretations before and after his conversion to Buddhism are significantly different. It is proposed that whereas his interpretation before his conversion aimed at the indigenization of Christianity and thus, the evangelization of the Chinese, his interpretation after conversion was made with a view to converting the Christians to Buddhism, even though both aimed at the reformulation, or even reform, of Christianity.Zhang's Proposal of "Buddhicizing christianity"Zhang was a scholar of classical Chinese literature, active during the Republican era. He was knowledgeable in Confucianism, Daoism, Buddhism, and Moism. His study of Moism remains highly regarded.5 Zhang became a Christian and worked for the Christian Literature Society for China (Guan xue hui) in Shanghai for some years. He published several books with a view to indigenizing Christian theology by interpreting it through Chinese philosophical and religious concepts. Zhang's attempt aimed at reinterpreting Christian doctrines within the Buddhist framework in order to make Christianity more acceptable to the Chinese. However, in the 1920s, he himself converted to Buddhism and began to promote his proposal of "Buddhicizing Christianity" (Fohua Jidujiao),6 aiming to convert Christians to Buddhism.Because Zhang had... (shrink)

The world famous Eltroxin saga of 2009–2011, which ignited heated public debates in Europe, Canada, and Australia, reveals the problematic nature of standalone autonomy protection cases. Eltroxin is a life-sustaining thyroid hormone replacement medicine used by millions worldwide; it was reformulated in 2008, and around 10% of patients were badly affected. Poor communication and lack of professional information triggered public hysteria as a global wave of complaints about harmful side effects, including hair loss, weight gain, extreme fatigue, headaches, diarrhoea, (...) and heightened heart rates, flooded the media. Israeli Eltroxin users (around 250 thousand people) were similarly unaware. Following many media reports and ministerial regulations, a high-profile consumer class action was launched against Perrigo, the distributor. Ten years of court proceedings culminated in a compensation settlement of approximately US$ 14 million. This relatively low sum covered the injuries of those patients who were physically affected; compensation for standalone autonomy injuries to all patients (who were denied information about changes to their life-sustaining medicine) was refused. The monetary settlement and court decision were hugely disappointing to the class plaintiffs, and a negative signal was sent to the proponents of consumers' and patients' personal autonomy. However, the class action still marked a positive change in pharmaceutical protocols for relations between health authorities, commercial pharmacy entities, and patients/consumers as seen by the proactive communication around a subsequent Eltroxin reformulation in 2020 in Israel, Europe, and South Africa (Aspen Pharmacare, 2020).1 This paper highlights the vast potential value of consumer class action proceedings, and pharmaceutical consumer (patient) class actions in particular, for public welfare and private autonomy. The paper will explain leading Israeli case law related to consumer autonomy protection in tort law and will argue that this law still holds the unique protection of autonomy as a basic human right and accordingly recognises harm to autonomy as a viable form of damage. Additionally, it illustrates why and how consumer protection class actions are an important tool for protection of human rights in general and of patients' rights in particular. (shrink)

ABSTRACT Joseph Halpern and Judea Pearl draw upon structural equation models to develop an attractive analysis of ‘actual cause’. Their analysis is designed for the case of deterministic causation. I show that their account can be naturally extended to provide an elegant treatment of probabilistic causation. 1Introduction 2Preemption 3Structural Equation Models 4The Halpern and Pearl Definition of ‘Actual Cause’ 5Preemption Again 6The Probabilistic Case 7Probabilistic Causal Models 8A Proposed Probabilistic Extension of Halpern and Pearl’s Definition 9Twardy and Korb’s Account 10Probabilistic (...) Fizzling 11Conclusion. (shrink)

We examined the attitudes of 600 students in large introductory algebra and psychology classes toward an actual or hypothetical cheating incident and the subsequent retake procedure. Overall, 57% of students in one class and 49Y0 in the other reported that they either cheated or would have cheated if given the opportunity. More men (59%) than women (53%) reported cheating or potential cheating. Students who had actually experienced a retake procedure to handle cheating were more satisfied with such a procedure (...) than others were about a hypothetical situation. Despite having a retake, cheaters were significantly more likely than noncheaters to predict that they would cheat again. Results suggest that instructors who require a retake following extensive cheating should devote class time to a discussion of the issue and all possible alternatives. (shrink)

This article is part of a Symposium that examines the legal and policy issues raised by the Schwarzenegger bobblehead doll litigation, in which a Hollywood star-turned-governor sued under California's right of publicity laws and under federal copyright law to stop a small Ohio company from selling a bobblehead doll depicting Schwarzenegger in a business suit, with a bandolier of bullets, and brandishing an assault rifle. The article contends that defendants' unauthorized use of the Schwarzenegger image on dolls and their accompanying (...) packaging was permissible as First Amendment-protected free speech under California's right of publicity laws and also constituted fair use under federal copyright law. The article rejects the argument that a First Amendment defense to plaintiff's right of publicity claims was unavailable because a bobblehead doll is not a "traditional" medium of expression for ideas. The article recognizes that overly expansive assertions of rights of publicity and other intellectual property rights threaten to stifle creative expression and diminish the cultural commons. The article also calls for clearer and more consistent recognition of defenses to right of publicity claims, particularly for cases where a defendant's unauthorized appropriation of another's image or likeness is for purposes of caricature, parody, or satire¿especially where the image is that of a politician. It concludes that the settlement of the Schwarzenegger bobblehead doll case illustrates how "strategic" assertions of even objectively non-meritorious rights of publicity can allow powerful plaintiffs to censor unflattering depictions of them and to unduly expand intellectual property rights without full adjudication on the merits of such claims.This insight is critical, because while other scholars have suggested that the "over-protection" of intellectual property rights (including rights of publicity) has a deleterious effect on freedom of expression and the public domain, these criticisms focus almost exclusively on published appellate cases. Yet, as this article reminds us, most cases settle and never become litigated cases, much less published appellate decisions. And most disputes - including intellectual property disputes - never result in formal litigation in the first instance. As with most other areas of the civil disputing process, intellectual property disputes are processed in the "shadow of the law", where repeat players have strategic advantages to shape the outcomes of disputes in their favor. Thus, if we want to know whether intellectual property rights are over-protected, we need to know what happens (and why) in the shadow of intellectual property law. This insight is the basis for the author's empirical research-in-progress focusing on "strategic intellectual property enforcement" by owners of trademarks, copyrights, and patents, including enforcement that never results in litigation and is thus under the radar of what most legal scholars in this area of law examine. (shrink)

The figure of the refugee and asylum seeker, hidden from the masses, de-humanised, deprived of existence and rights, are in sharp contrast with their representation in the Hungarian mass media and in visual and textual materials of the Hungarian Governmental Information, which constructs a manipulated, extremist and xenophobic, ideologically biased reality. In this sense, the discourse on the refugee crisis has an actual and an untimely form. The first chapter of the paper is an ideology-criticism analysis, aiming at the deconstruction (...) of the ideological subject-construct of the contemporary refugee existence. This analysis focuses on the Hungarian political language used to refer to the European refugee crisis since 2015, primarily the political questionnaire entitled National Consultation on Immigration and Terrorism and the text and poster campaign of the Governmental Information related to it, with references to the later, 2017 Let’s Stop Brussels campaign, 2016 Hungarian Migrant quota referendum, 2017 Soros-plan Consultation, and materials of the information campaign Wirtschaft Zusammen Integrationsinitiativen der Deutschen Wirtschaft in Germany. In the second part, this contemporary constructed form of refugee and asylum seeker existence is paralleled with its untimely discourse. (shrink)

In this paper, I defend an indexical analysis of the abstract-concrete distinction within the framework of modal realism. This analysis holds the abstract-concrete distinction to be conceptually inseparable from the distinction between the actual and the merely possible, which is assumed to be indexical in nature. The resulting view contributes to the case for modal realism by demonstrating how its distinctive resources provide a reductive analysis of the abstract-concrete distinction. This indexical analysis also provides a solution to a sceptical problem (...) regarding our concreteness, which parallels the sceptical problem that motivates indexicalism about actuality. (shrink)

In the last decade, several researchers have proposed theories of actual causation that make use of structural equations and directed graphs. Many of these researchers are committed to a widely-endorsed folk attribution desideratum, according to which an important constraint on the acceptability of a theory of actual causation is agreement between the deliverances of the theory with respect to specific cases and the reports of untutored individuals about those same cases. In the present article, we consider a small (...) collection of related theories of actual causation, including a purely structural theory and two theories that supplement the structural equations with considerations of defaults, typicality, and normality. We argue that each of these three theories are meant to satisfy the FAD, and then we present empirical evidence that they fail to do so for several variations on a simple scenario from the literature. Drawing on our previous work on the responsibility view of folk causal attribitons, we conclude by offering a solution that allows the latter two theories to satisfy the FAD for these cases. The solution is to give up on concerns with typicality and focus on injunctive norms in supplementing the graphical modeling machinery. (shrink)

The United States is in its fifth year of what is now widely referred to as “the new medical malpractice crisis.” Although some professional liability insurers have begun to report improvements in their overall financial margins, there are few signs that the trend toward higher costs is reversing itself - particularly for doctors and hospitals. In 2003-2004, the presidential election and tort reform proposals in Congress brought heightened public attention to the need for some type of policy intervention to ease (...) the effects of the crisis.The darling of tort reformers at both the federal and state levels has been legislation to limit, or “cap,” damages awarded to plaintiffs in malpractice cases. Health care provider groups, liability insurers, and the Bush Administration have all seized on the example of California's MICRA law, which since 1975 has capped noneconomic damages in malpractice cases at a flat $250,000, as the path to financial recovery. (shrink)

"The Nordic welfare states have arguably been successful in terms of social solidarity – although the heavily institutional and state-driven solutions as opposed to community- or family-based ones in various issues from child to elderly care may have made it seem as mere ‘quasi-solidarity’ in comparison to more communitarian ideals. This essay approaches such social solidarity in terms of Axel Honneth’s recognition-theoretical framework – arguing that there’s much more potential in Honnethian ideas of recognition and esteem than in Honneth’s official (...) view in Struggle for Recognition linking social solidarity only to social esteem based on contributions to the shared good. The first section briefly introduces Honneth’s three forms of recognition and also distinguishes social solidarity from other relevant notions of solidarity. It points out that there is far from perfect overlap between the ideas of social solidarity and social esteem. Of the three main forms of Honnethian recognition, one can link the notion of social solidarity to respect and care as well, and not primarily to esteem. In the final section these forms of mutual recognition will be discussed in the context of justifying basic income which arguably institutionalises high solidarity, yet is prima facie more straightforward to justify in terms of respect or care than in terms of esteem. The reason is that esteem is supposed to be conditional on differential merits, capacities, contributions or achievements whereas basic income is supposed to be unconditional. Furthermore, section two points out that there may be varieties of esteem and some of such varieties of “politics of esteem” may not that centrally be related to social solidarity. It distinguishes between three contexts of social esteem. One is related to the minimum standing as free from discrimination in terms of disesteem, another is related to one’s being a contributor to the shared social ends in some publicly defined role, and the third is related to excellence in one’s personal projects of self-realisation. The third section articulates some challenges to any kind of ‘politics of esteem’: how to decide whether something is or is not esteem? How would a good society respond to these kinds of cases – especially ones compatible with the modern universalistic ethos? What to think of the positive duties and permissions to engage in the “esteem services” of actually forming opinions and giving recognition? And finally, how to see the relation between social esteem and social solidarity? The sections four to six then go through the three kinds of cases (non-discrimination, contributions, self-realisation), answering the four questions: is this really a kind of esteem? Is it compatible with the ethos of universalism? How to distribute the related duties and permissions? How is it related to social solidarity? These sections map the ethical and political consequences of the claim that full human agency is dependent on positive relations to self, including self-esteem, and that these relations are deeply dependent on the recognition from other individuals and institutions such as the state. The basic Honnethian idea is that a good society is sensitive to the dynamics of self-relations and recognition. For example, the invisible housework by women should get due recognition, and welfare services should not be delivered in a stigmatising or demeaning fashion as stigmatising practices may lead to an internalised sense of inferiority and low self-esteem. Section seven finally takes up the question of basic income in light of the various forms of recognition and esteem, to be followed by a brief conclusion. ". (shrink)

The article features an analytic protocol for examining controversial criminal cases in critical thinking courses. The rubric has been designed to be useful to busy critical thinking teachers who wish to draw on student interest in true crime. Six guidelines are presented that are intended to provide the instructor with a convenient scheme for quickly and easily framing classroom discussions. Due to their generality, the guidelines can be readily applied to a wide-range of cases, giving educators a high (...) degree of flexibility in the selection of criminal affairs. (shrink)

The following description is based upon an actual case in which a patient initiated legal action after suffering a complication subsequent to an invasive diagnostic procedure performed by a senior fellow. Named as codefendants were the senior fellow, attending physician, and the hospital. Because any hospital with house staff is potentially vulnerable to similar litigation, Ethics Committees at Work is addressing the questions raised by this dilemma.

Over the years, two models of freedom have emerged as competitors: the alternative-possibilities model and the actual-sequence model. This paper is a partial defense of the actual-sequence model. My defense relies on two strategies. The first strategy consists in de-emphasizing the role of examples in arguing for a model of freedom. Imagine that, as some people think, Frankfurt-style cases fail to undermine the alternative-possibilities model. What follows from this? Not much, I argue. In particular, I note that the counterparts (...) of Frankfurt-style cases also fail to undermine the actual-sequence model. My second strategy of defense consists in revitalizing the original motivation for the actual-sequence model, by revamping it, isolating it from claims that do not fully capture the same idea, and arguing that it can be developed in a successful way. (shrink)

Freivalds defined an acceptable programming system independent criterion for learning programs for functions in which the final programs were required to be both correct and "nearly" minimal size, i.e., within a computable function of being purely minimal size. Kinber showed that this parsimony requirement on final programs limits learning power. However, in scientific inference, parsimony is considered highly desirable. A lim-computablefunction is (by definition) one calculable by a total procedure allowed to change its mind finitely many times about its output. (...) Investigated is the possibility of assuaging somewhat the limitation on learning power resulting from requiring parsimonious final programs by use of criteria which require the final, correct programs to be "not-so-nearly" minimal size, e.g., to be within a lim-computable function of actual minimal size. It is shown that some parsimony in the final program is thereby retained, yet learning power strictly increases. Considered, then, are lim-computable functions as above but for which notations for constructive ordinals are used to bound the number of mind changes allowed regarding the output. This is a variant of an idea introduced by Freivalds and Smith. For this ordinal notation complexity bounded version of lim-computability, the power of the resultant learning criteria form finely graded, infinitely ramifying, infinite hierarchies intermediate between the computable and the lim-computable cases. Some of these hierarchies, for the natural notations determining them, are shown to be optimally tight. (shrink)

The devastating impact of the national opioid epidemic has given rise to hundreds of lawsuits. This article details the extremely broad range of legal claims, compares the opioid cases to other public health litigation efforts, including tobacco, and describes the special mechanism — a multidistrict litigation — through which more than 700 opioid-related cases have been consolidated thus far, with settlement almost certain to follow.

Simboličko ishodište za tekst predstavlja Malevičev »Crni kvadrat«, odnosno epistemološki prijelaz u teorijskom razumijevanju spomenutog umjetničkog djela: iz fenomenološko-ontološke perspektive ka psihoanalitičkoj interpretaciji istog. Putem aplikacije Lacanovog koncepta pogleda, povlačimo paralelu između simbolike Malevičevog kvadrata i primjera ekrana kroz opozicijsko sučeljavanje televizijskog i kompjutorskog ekrana. Definiranjem razlika između televizijskog i kompjutorskog ekrana reaktualiziramo i spomenuti Lacanov koncept, te ga u redefiniranoj verziji apliciramo na primjere kompjutorskog virtualnog prostora i identitet tzv. virtualnog subjekta. Tako uspostavljen problemski motiv obrađujemo i preko razmatranja (...) dihotomnog para interaktivnost/interpasivnost, sa naglaskom na modelu HCI , interakciji čovjeka i kompjutora. Paralela između umjetničkog objekta i suvremene medijske tehnologije, a sve u vezi sa subjektom koji se pita i time sebe konstituira, putokaz je prema pitanju koje predstavlja jedan od temeljnih interesa teksta, a ono glasi: o kakvom se konstruktu subjekta, odnosno formi njegova identiteta uspostavljenoj u prostoru virtualnog, zapravo radi?Symbolical starting point of the text is »Black Square« by Kazimir Malevich, or more exactly, an epistemological transition within theoretical understanding of the mentioned artwork: from a phenomenological-ontological perspective toward psychoanalytical interpretation of it. According to application of the concept of regard by Jacques Lacan, and regarding to oppositional distinction between television screen and computer screen, I am searching for a parallel between Malevich’s Square and symbolic of the screen. Process of definition of differences between television screen and computer screen is the way of re-actualization of previously mentioned Lacan’s concept, and I make an application of it on examples of computer virtual space and so-called virtually created identity. Primal theoretical problem of the text is working out through dichotomy interactivity/interpassivity with stress on the model of HCI that is interaction of human with computer. Parallel between an artwork and contemporary media technology, regarding to a human subject under self-questioned and self-created processes, leading us toward the question which is the one of main interests in the text: what is the model of self identity created within virtual space? (shrink)

The article explores theoretical and practical aspects of evidence collection, examination and assessment in cases of administrative offences, which have been little analyzed as yet. In the article, evidence collection refers to the search for evidence, its discovery and consolidation in a material object. Evidence examination is defined as the establishment of actual data on the circumstances relevant to the case, which are recorded in the evidence, and an additional examination of certain circumstances. Evidence assessment means thinking activities to (...) analyze evidence collected and examined in the case and to establish the truth in the case, according to appropriate criteria. Referring to the opinions of various scientists and the case law of the Supreme Administrative Court of Lithuania, the article reveals elements of evidence in cases of administrative offences, thoroughly explores each stage of the averment process and provides practical examples and makes suggestions for solving problems. The article substantiates a conclusion that early examination and assessment of evidence should also be carried out during the process of drawing up a record of administrative offence. (shrink)

In the absence of comprehensive immigration reform at the federal level, many American states and localities are undertaking their own legal reforms. The new state and local laws have been challenged by immigrant-rights organizations and individuals on the grounds that the federal government has already pre-empted the field. The lawsuits bring a new narrative voice—that of judges—into the boiling U.S. immigration debate. Judges engage the controversy over local enforcement of immigration enforcement, as they have other contentious disputes, both as pragmatic (...) decision-makers and as spokespersons for justice. The tensions this dual role entails are explored here in the context of a single, controversial case. Close-up analysis of the judge’s narrative strategy reveals a range of specific techniques to create moral distance from a decision, combined, ironically, with the enlistment of moral themes to justify the ruling. The inter-twining of rule-of-law and justice rhetoric mirrors and also shapes a broader politics of justice in the United States. (shrink)

Giulio Tononi's integrated information theory (IIT) proposes explaining consciousness by directly identifying it with integrated information. We examine the construct validity of IIT's measure of consciousness,phi(Φ), by analyzing its formal properties, its relation to key aspects of consciousness, and its co-variation with relevant empirical circumstances. Our analysis shows that IIT's identification of consciousness with the causal efficacy with which differentiated networks accomplish global information transfer (which is what Φ in fact measures) is mistaken. This misidentification has the consequence of requiring (...) the attribution of consciousness to a range of natural systems and artifacts that include, but are not limited to, large-scale electrical power grids, gene-regulation networks, some electronic circuit boards, and social networks. Instead of treating this consequence of the theory as a disconfirmation, IIT embraces it. By regarding these systems as bearers of consciousnessex hypothesi, IIT is led toward the orbit of panpsychist ideation. This departure from science as we know it can be avoided by recognizing the functional misattribution at the heart of IIT's identity claim. We show, for example, what function is actually performed, at least in the human case, by the cortical combination of differentiation with integration that IIT identifies with consciousness. Finally, we examine what lessons may be drawn from IIT's failure to provide a credible account of consciousness for progress in the very active field of research concerned with exploring the phenomenon from formal and neural points of view. (shrink)

The subject of my dissertation is the notion, what could turn out, extracted from Naming and Necessity, in a context in which it is being used to show the contingency of gold's yellowness. ;In general, I seek to establish an actuality-oriented notion of what could turn out that makes a break with an epistemological picture of this notion as well as another making what could turn out for an object depend on what's metaphysically possible for it. ;In particular, I distinguish (...) various what-could-turn-out notions. I then develop an actuality-oriented notion of what could turn out on which what-could-turn-out truths are in subject-predicate form. Afterwards, I provide some of the necessary conditions for an object's possessing a what-could-turn-out predicate. That a what-could-turn-out predicate applies to an object depends on at least two conditions: that the object in question actually possess the simple property P contained within the complex modal one, could turn out P; and that, in principle, we could come to know of the object's actually possessing P. For example, in order for neutrinos to possibly turn out to have infinitesimal mass, it must at least be the case that they actually have infinitesimal mass, and that, in principle, we could come to know of their actually being as such. (shrink)

On March 27, 2020, an amendment to the Official Mexican Standard NOM-051 was published in the Official Gazette of the Federation. The amendment addresses general labeling specifications for food and non-alcoholic beverages. The new regulation introduces three significant changes, which came into force on October 1, 2020. These are warning labeling, nutrient profile, and persuasive elements on the packaging. This study assesses the impact of the regulation on the consumer at three levels: the extent to which consumers understand the five (...) labels, their perception of the image of the product categories and companies, and the potential for shifts in consumption patterns. Similar regulations have been implemented in some other Latin American countries, such as Chile and Ecuador, but the results thus far are inconclusive concerning the actual impact of a long-term change in consumer behavior. With respect to studies conducted in Mexico, this research represents a pioneering investigation into the subject matter. A survey comprising 14 questions was administered, to elucidate the respondents' perceptions and attitudes. The survey was conducted online through convenience sampling with the Google Forms tool. The study was conducted on a sample of 210 individuals, comprising both male and female participants aged 18 and above, who were consumers of mass-produced products that were subject to the provisions of NOM-051. The findings indicate that the majority of respondents lacked clarity regarding the significance of the five black labels on the packaging. Furthermore, the new regulation did not exert a considerable influence on their consumption of processed foods and non-alcoholic beverages. It is anticipated that this research will serve as a reference for companies, government entities, marketing professionals, academics, and all those with an interest in the subject, given that it demonstrates notable findings in several aspects of the regulation's implementation, slightly over a year after its enactment, and the consequences it has had on Mexican consumers and their consumption habits. (shrink)

The EU Collective Redress Recommendation has invited Member States to introduce collective redress mechanisms by July 26, 2015. The claim of the well-known reservations concerns the potentially abusive litigation and potential settlement of not well-founded claims resulting from controversial funding of cases by means of contingency fees and from “opt-out” class action procedures. The Article posits that apart from that claim, at bottom there may be some danger that the European Commission and private interest-groups may try to pursue the (...) enforcement of their regulatory agendas in this way at the expense of individual claimants’ interests. However, in contrast to the situation in the United States, the need to complement regulatory enforcement by collective action may not appear as strong because of the relatively strict regulatory control and enforcement, which may explain EU Member States’ longstanding reluctance to adopt collective proceedings due to their concern for plaintiffs’ individual rights. Therefore, a comparative analysis is carried out to see to what extent individual rights as opposed to regulatory goals are taken into account in the different newly revised systems in place across Europe. As an interim result, the Dutch settlement procedure for mass damage claims, the English Group Litigation Order and the German test case procedure turn out to be relatively well-suited to dealing with mass damage claims. At the same time, none of them can quite reach an optimal balance between individual rights and regulatory goals and therefore each of them is subject to criticism. That is why the further question is raised as to how far these procedures could complement each other, thus contributing to the enforcement of individual rights without overregulating markets in Europe. (shrink)

In this paper a new use case for legal argumentation support tools is considered: supporting discussions about analyses of complex criminal cases with the help of Bayesian probability theory. By way of a case study, two actual discussions between experts in court cases are analysed on their argumentation structure. In this study the usefulness of several recognised argument schemes is confirmed, a new argument scheme for arguments from statistics are proposed, and an analysis is given of debates between (...) experts about the validity of their arguments. From a practical point of view the case study yields insights into the design of support software for discussions about Bayesian analyses of complex criminal cases. (shrink)

ABSTRACT There are two tenets about free agency that have proven difficult to combine: free agency is grounded in an agent’s possession or exercise of their reasons-responsiveness, only actual sequence features can ground free agency. This paper argues that and can only be reconciled if we recognise that their clash is just the particular manifestation of a wider conflict between two approaches to the notion of non-accidentality. According to modalism, p is non-accidentally connected to q iff p modally tracks q. (...) According to explanationism, p is non-accidentally connected to q iff q explains p in the right way. The conflict between these two approaches becomes manifest in Frankfurt-like cases for many notions, in which p and q are intuitively non-accidentally connected even though there is no modal tracking between them. Thus, and can’t be combined because the Frankfurt-cases upon which rests track explanationist intuitions, while the non-accidentality requirement of reasons-responsiveness in is usually spelled out in modalist terms. Hence, the possibility of an actual sequence reasons-responsiveness account depends on finding an explanationist approach to the non-accidentality requirement of reasons-responsiveness. (shrink)

It may seem trivial to state that one of the major trends in biological investigation consists in an attempt to explain the structural and functional aspects of living matter in chemical terms, in an effort to obtain insight into the equivalent of macroscopic phenomena on the molecular level. I am sure you are aware of, and this meeting of the Association has brought ample additional evidence, in how many fields this tendency has become apparent. It can be recognized in genetics (...) with the molecular analysis of chromosomes and the enzymatic or metabolic interpretation of hereditary properties like the eyecolor of Drosophila. In a purely morphological branch like histology we do not ask merely for a differentiation of stained cell structure but we ask for the nature of the staining reaction; in nerve physiology we try to interpret conduction as alterations of protein lipoid layers; or in pathology where the age old syndrome of inflammation is explored with biochemical methods. I should mention molecular models of membranes and cell surfaces, the molecular interpretation of secretion and of the macroscopic phenomena of metabolism. Yet insofar as this yield of data could be designated as a trend, it would rather seem to be the natural outcome to be expected from the application of the analytic method of science. In one instance, however, this approach has been carried farther than in all the other fields, and it would seem to be worthwhile to pause for one moment to ask whether this case is important merely because of its technical implications or whether it is meaningful in a wider sense. (shrink)

In this paper I examine cases in which we attach different meanings to words and in which we litigate or argue about the best way of defining the term in dispute. I reject the idea that this is just a matter of imposing our will on our interlocutors – I think that the process of litigation is normative. To some extent recent work in the theory of argumentation has shed considerable light on this process, but we will need to (...) retrofit that work for the kinds of considerations we are engaged with here. I’ll begin in Section 1, with some important terminological preliminaries. Then in Section 2, I will offer a general description of how we come to notice that there are disputes about meaning and how we engage the meaning variance once it is recognized. In section 3 I’ll then take up a case that is relatively less controversial – the definition of ‘planet’ – and use it to construct a model for our meaning litigation works. Finally, in section 4 I’ll then turn to more contentious and substantial issues – the definition of ‘rape’ and the definition of ‘person’ and begin exploring how disputes about the meanings of those terms can be normative and fail to be normative. (shrink)

This paper analyses the role of a code of ethics for judges in connection to a contemporary definition of responsive ‘T-shaped’ judicial professionalism and the professional-ethical questions which can arise in judicial decision-making regarding politically and societally controversial issues. The paper’s case study focuses on climate-change related litigation in Dutch courts. First, a theoretical framework which conceptualises practical and ethical elements of T-shaped judicial professionalism as ‘virtuous judgecraft’, building on the work of Kritzer and Van Domselaar, addresses the knowledge, skills, (...) and ethical mindset that judges need for fulfilling their roles in relation to this notion of professionalism. Next, the paper analyses to what extent connections with guidelines of the Dutch Guide to Judicial Conduct (GJC), considered in light of the developed framework of virtuous judgecraft, can be recognised in the approaches of judges in the landmark Urgenda judgments. Based on this analysis, the paper presents conclusions regarding the value of the GJC for enhancing judicial performance and for explaining judgments, in particular those which involve complex societal issues, to parties and the general public. (shrink)

This is a critical discussion of Vihvelin’s recent book Causes, Laws, and Free Will. I discuss Vihvelin’s ideas on Frankfurt-style cases and the actual-sequence view of freedom that is inspired by them.

The purpose of this contribution is to analyse climate change litigation in an innovative way, considering it as an example of “privatisation” of international law, and unravelling the “ecological” side of conflict-of-laws climate change litigation. The paper will first explain the concept of privatisation of law as applied to international law and what it means in the context of climate change litigation, before moving to a landmark case, whose appeal is still pending in front of a domestic court in Europe: (...) Milieudefensie et al. v. Royal Dutch Shell plc. The focus of the analysis of the cases will be limited to the use of the conflict-of-laws mechanism present in the Rome II Regulation, namely Article 7. The paper critically assesses the principle of ubiquity included in this provision, by looking at the concept of “event giving rise to the damage” as applied in CO2 reduction claims in the existing legal scholarship and using an underexplored ecofeminist perspective. Inspired by the work “A relational feminist approach to conflict of laws” by Roxana Banu (2017), the paper argues for a relational understanding of the concept of “event” and goes further to consider in an ecofeminist perspective the environment as composed of human, non-human beings and natural objects, and of their relations with each other. The article is meant to be a starting point for further research, which for the first time applies ecofeminist theories to private international law. (shrink)

IntroductionThe meaning of conditional sentences bears an intrinsic relation to a number of central philosophical problems, like the nature of reasoning, the possibility of knowledge, and the status of laws of nature. This has incited philosophers to spend a lot of time working on conditionals and to fill countless bookshelves with inspiring and sophisticated theories on their meaning. However, the overall question of how to approach the meaning of conditionals is still open. There are many different theories on the market, (...) many central issues still need to be solved.But as a topic philosophers are interested in conditionals are special in that they are real; they can be the subject of empirical investigations. And they are actually investigated – in linguistic, in psychology, in the cognitive sciences. The goal of this paper is to illustrate how this ‘external’ information can be used to answer questions on the semantics of conditional sentences that philosophers and logicians are int .. (shrink)

A traditional approach to teaching medical ethics aims to provide knowledge about ethics. This is in line with an epistemological view on ethics in which moral expertise is assumed to be located in theoretical knowledge and not in the moral experience of healthcare professionals. The aim of this paper is to present an alternative, contextual approach to teaching ethics, which is grounded in a pragmatic-hermeneutical and dialogical ethics. This approach is called moral case deliberation. Within moral case deliberation, healthcare professionals (...) bring in their actual moral questions during a structured dialogue. The ethicist facilitates the learning process by using various conversation methods in order to find answers to the case and to develop moral competencies. The case deliberations are not unique events, but are a structural part of the professional training on the work floor within healthcare institutions. This article presents the underlying theory on ethics and illustrates this approach with an example of a moral case deliberation project in a Dutch psychiatric hospital. The project was evaluated using the method of responsive evaluation. This method provided us with rich information about the implementation process and effects the research process itself also lent support to the process of implementation. (shrink)