After the Provisional Basic Law (Provisional Constitution) had been adopted on 11 March 1990, it soon became clear that it did not meet the new needs of the society and the state. It became clear that the new Constitution had to be drafted promptly. Its drafting was taking place at the time of heated discussions about various things, but especially about the structure of branches of state power, the empowerment thereof and their interrelations. The author of the article was (...) a member of the working group drafting the new Constitution. In his article, the author presents passages from the notes made by him about the sittings of the Provisional Commission for Drafting the Constitution and those of its working group. The notes disclose the variety of the views of the deputies and legal specialists and show the difficult way of emergence of the draft Constitution. This is confirmed by the time-line of drafting the Constitution. In 1990 and at the beginning of 1991, the first draft Constitutions were published, which had been drafted by the members of the societies of Lithuanian philosophers and lawyers, by the Lithuanian Democratic Labour Party, etc. Prior to the resolution of the Supreme Council of the Republic of Lithuania of 7 November 1990, a group of deputies was formed for drafting an outline of the concept of the Constitution. On 22 October 1991, the Council of the Seimas of the Lithuanian Sąjūdis Movement made a statement “On the Restoration of the Institution of the President of the Republic”. On 5 November 1991, the Supreme Council of the Republic of Lithuania adopted a Resolution “On the Development of the Lithuanian Constitutionalism”, whereas by its resolution of 10 December 1991 it formed the Provisional Commission for Drafting the Constitution. On 3 March 1992, the said Provisional Commission approved the draft Constitution that it prepared; it was submitted to the Supreme Council. Three members of the Provisional Commission had submitted alternatives to a number of articles of the Constitution. On 21 April 1992, the Supreme Council assented to the work done by the Provisional Commission and decided to publish the draft Constitution so that it could be discussed by the public. On 6 May 1992, the Lithuanian Sąjūdis Movement, the Democratic Party, the Christian Democratic Party, and the Lithuanian Nationalist Union formed a coalition for drafting an alternative draft Constitution; soon the press published the alternative draft Constitution prepared by the Sąjūdis Movement Coalition “For the Democratic Lithuania”. On 23 May 1992, the referendum on the restoration of the institution of the President of the Republic took place—that referendum did not approve the proposal. Thus, two alternative draft Constitutions appeared. The essential difference between those drafts was a different approach to the system of branches of state powers, their empowerment and their interrelation. The draft Constitution prepared by the Provisional Commission was based on the parliamentary republic form of governance, whereas in the draft prepared by the Sąjūdis Movement Coalition “For Democratic Lithuania” the model of half-presidential republic was dominant. In order to prepare a single draft Constitution, which could then be proposed for the referendum of the Nation, political and legal compromises were sought. For this purpose, the Group for the Adjustment of Constitutional Issues was formed. At the end of September and at the beginning of October 1992, one single (the so-called “compromise”) draft Constitution was prepared from the existing two alternative drafts. The Constitution of the Republic of Lithuania was adopted by the Nation in the referendum of 25 October 1992 and came into force on 2 November 1992. (shrink)

Drawing on drafts and other material from the Harvey Sacks archive this paper examines the development of one of the defining papers of Conversation Analysis, _A Simplest Systematics for the Organization of Turn-Taking for Conversation_ (Sacks, Schegloff, and Jefferson 1974). The discussion examines four drafts of the paper along with correspondence between the authors and with William Bright, the editor of the journal _Language_ where it was to be published. The four drafts trace the development of the paper from a (...) 13-page draft to the final 106-page final draft submitted to the journal. By exploring the drafts as they evolved the discussion highlights the development of the central ideas in the paper, the distinctive style of the paper as it is revised, the changes of authorship, and the role of the editor of _Language,_ William Bright, in helping to shape the paper through his own detailed reviews. (shrink)

In writing papers, students confront two obstacles. First, they may not know what philosophical writing is, mistaking an extended statement of their opinion for a philosophy paper. Second, some students lack certain key writing skills and so have difficulty organizing and conveying their view on a philosophical issue. In addition to reading good philosophical works, students need practice writing, editing, and revising their work and so rough drafts become a key component in teaching philosophical writing. This paper outlines the traditional (...) procedure for rough drafts, highlights some difficulties with this approach, and then details an alternative approach that is advantageous in several ways. In addition, an example classroom handout is provided that introduces this alternative procedure. (shrink)

This volume is the first of three which will contain all of Locke's extant writings on philosophy which relate to An Essay Concerning Human Understanding, other than those contained in volumes of the Clarendon Edition of John Locke such as the Correspondence. The book contains the two earliest known drafts of the Essay, both written in 1671, and provides for the first time an accurate version of Locke's text together with a record of virtually all his changes, in notes at (...) the foot of each page. (shrink)

This was written in 2014 during desultory afternoons in hinterland Bengal. The blog went on to feature in a US Bible Blog carnival. The author tried then to start a dialogue between the Gospel of Glory and Hinduism. But now, in 2018, this seems puerile and infantile to the author.

We have learned that the issues we raised are very difficult to think about clearly, and what "works" for one thinker falls flat for another, and leads yet another astray. So it is particularly useful to get these re-expressions of points we have tried to make. Both commentaries help by proposing further details for the Multiple Drafts Model, and asking good questions. They either directly clarify, or force us to clarify, our own account. They also both demonstrate how hard it (...) is for even sympathetic commentators always to avoid the very habits of thought the Multiple Drafts Model was designed to combat. While acknowledging and expanding on their positive contributions, we must sound a few relatively minor alarms. (shrink)

Summary The fragmentary inscription on the ludi saeculares contains mention of two senatus consulta of year 17 BCE. This paper gives new arguments for identifying the five known consulars heading the drafting commission of the senatus consultum of 17 February: M. Iunius Silanus, Cn. Cornelius Lentulus, L. Marcius Censorinus, C. Asinius Pollio and L. Vinicius. This list challenges the accepted notion that senators named as members of the drafting commissions of senatus consulta were always arranged according to their (...) seniority. Such an open new approach could question or even significantly alter the chronology of Roman magistracies that has been accepted on the basis of seniority hierarchy so far. (shrink)

This is the first of three volumes which will contain all of Locke's extant philosophical writings relating to An Essay Concerning Human Understanding, not included in other Clarendon editions like the Correspondence. It contains the earliest known drafts of the Essay, Drafts A and B, both written in 1671, and provides for the first time an accurate version of Locke's text. Virtually all his changes are recorded in footnotes on each page. Peter Nidditch, whose highly acclaimed edition of An Essay (...) Concerning Human Understanding was published in this series in 1975, used pioneering editorial techniques in his compilation of Volume 1. Most of the work was completed before his tragically early death in 1983. Volumes 2 and 3, almost wholly the work of G. A. J. Rogers will contain the third extant draft of the Essay, the Epitome and the Conduct of the Understanding. They will also include a History of the Writing of the Essay, together with other shorter writings by Locke. (shrink)

This is the first of three volumes which will contain all of Locke's extant philosophical writings relating to An Essay Concerning Human Understanding, not included in other Clarendon editions like the Correspondence. It contains the earliest known drafts of the Essay, Drafts A and B, both written in 1671, and provides for the first time an accurate version of Locke's text. Virtually all his changes are recorded in footnotes on each page. Peter Nidditch, whose highly acclaimed edition of An Essay (...) Concerning Human Understanding was published in this series in 1975, used pioneering editorial techniques in his compilation of Volume 1. Most of the work was completed before his tragically early death in 1983. Volumes 2 and 3, almost wholly the work of G. A. J. Rogers will contain the third extant draft of the Essay, the Epitome and the Conduct of the Understanding. They will also include a History of the Writing of the Essay, together with other shorter writings by Locke. (shrink)

Only 27 percent of Americans in a 1995 Harris poll said they had read or heard “quite a lot” about genetic tests. Nonetheless, 68 percent said they would be either “very likely” or “somewhat likely” to undergo genetic testing even for diseases “for which there is presently no cure or treatment.” Perhaps most astonishing, 56 percent found it either “very” or “somewhat acceptable” to develop a government computerized DNA bank with samples taken from all newborns, and their names attached to (...) the samples. This does not necessarily mean the public is unconcerned about genetic privacy. More likely it means that the public is still uninformed about the risks associated with genetic testing, and has not thought at all about the risks involved in storing identifiable DNA samples.A central question presented by genetic screening and testing is whether the genetic information so obtained is different in kind from other medical information, and, if so, whether this means that it should receive special legal protection. (shrink)

This book is the first translation into English of the Reflections which Kant wrote whilst formulating his ideas in political philosophy: the preparatory drafts for Theory and Practice, Toward Perpetual Peace, the Doctrine of Right, and Conflict of the Faculties; and the only surviving student transcription of his course on Natural Right. Through these texts one can trace the development of his political thought, from his first exposure to Rousseau in the mid 1760s through to his last musings in the (...) late 1790s after his final system of Right was published. The material covers such topics as the central role of freedom, the social contract, the nature of sovereignty, the means for achieving international peace, property rights in relation to the very possibility of human agency, the general prohibition of rebellion, and Kant's philosophical defense of the French Revolution. (shrink)

This article traces the history of interdisciplinarity as a contemporary form of thought and of producing knowledge in the Federal Republic of Germany from 1955 to 1975. It establishes that concepts of interdisciplinary research and teaching circulated in diverse fields of knowledge and modes of articulation, and evaluates the transformations that interdisciplinarity underwent along the way. After detailing the process by which the adjective “interdisciplinary” first came into usage in scientific publications in the late 1950s, this article discusses how interdisciplinary (...) research and teaching began to feature in debates about university reforms and the founding of new universities in the 1960s. The article then draws on the examples of Bochum, Konstanz, and Bielefeld to illustrate how debates about disciplinary specialization and interdisciplinary connections unfolded in visual modes of expression such as diagrams or sketches. In a last step, the article examines how visual and textual reflections connected interdisciplinarity to the architecture of envisioned universities, and hence related this time-specific form of thought and knowledge production to the material environments of future research and teaching. (shrink)

I explore some surprising convergences between apparently opposite theories of consciousness—panpsychism and eliminativism. I outline what a ‘Dennettian panpsychism’ might look like, and consider some of the challenging but fertile questions it raises about determinacy, holism, and subjecthood.What unites constitutive panpsychism and the multiple drafts model is that both present the unitary consciousness we can report as resting atop a multiplicity of independent processes; both reject as misguided the search for a definite threshold between processing that is truly conscious and (...) that which is merely preconscious. What divides them is that Dennett regards it as unreasonable to posit inaccessible consciousness, but reasonable to doubt or deny the existence of consciousness, while panpsychists think the opposite. (shrink)

Over the last two decades drawing has been displaced from its dominant role in architecture by a range of computational representations. This article offers a critical response to Mario Carpo's recent argument that this shift returns architecture to an 〉autographic〈 mode of practice not seen since before the Renaissance. In contrast, I suggest that architecture today should be thought of through Rosalind Krauss's model of a post-medium art.

All of metaethical positions today can be replaced by a universal architecture of moral philosophy, all but one: moral realism. Here, I use the term “metaethics” to refer to any theory of ethics concerning the groundwork of ethics, on the one hand, and the inquiry of the use of philosophical words, concepts or methods on the other. In this article, I will present my hypothesis that in moral philosophy, we do not need any specialized metaethics at all. Metaethics as a (...) discipline of philosophy is only required by the work of moral realists, who try to show us a realm of values and norms that exist (per se) naturally, non-naturally or supernaturally. How can they know? The effort of metaethical realists cannot be proven either in ontology or in the philosophy of language or in cognitive science or in any meta-science that works en plus to ethics, because even in every additional discipline, we have to accept the presupposition of a validity of judgments. So, let us try it the other way around; we have to find a way to found ethics by following its structures, and that means, based on David Velleman’s concepts: a) We have to search for a ubiquitous point of ethical theory in its foundation – here, no kind of value or norm can be found that is not based on a universal formal structure of normativity. b) We have to start an empirical inquiry to collect norms and values in actual use. MFT, moral psychology and moral sociology are in charge here. The combination of such an abstract groundwork with mere empirical study has to be legitimized again. Hence, I am going to try to sum up the main ideas of such a project to show the relevance of a new architecture of moral philosophy today. There is a line of reasoning that addresses the possibility of a transcendental critique in practical philosophy; therefore, it has to look into the different notions of “intuition” in moral methods like it was used by Sidgwick (Rashdall, Green, Ross, Brentano, McTaggart) and Moore on the one hand and Brentano and Bergson on the other. In my view, there is a way to combine these perspectives using the two-level-model of Hare, Singer, Greene, where “intuition” is used to categorize habits and customs of the common sense morality in general while a critical reflection uses act-utilitarian calculus to provide a universal decision – in the sense of “concrete reason” – for any possible actor in a singular situation (Hegel, Peirce, Bloch etc.). The change between these levels may be explained by means of a pragmatistic kind of continuum of research with an ideal summum bonum in the long run and a concept of common sense morality as can be found in every group or society. (shrink)

This paper examines the central criticisms that come, broadly, from the modern, ‘analytic’ tradition, of Pierre Hadot’s idea of ancient philosophy as a way of life.: Firstly, ancient philosophy just did not or could not have involved anything like the ‘spiritual practices’ or ‘technologies of the self’, aiming at curing subjects’ unnecessary desires or bettering their lives, contra Hadot and Foucault et al. Secondly, any such metaphilosophical account of putative ‘philosophy’ must unacceptably downplay the role of ‘serious philosophical reasoning’ or (...) ‘rigorous argument’ in philosophy. Thirdly, claims that ancient philosophy aimed at securing wisdom by a variety of means including but not restricted to rational inquiry are accordingly false also as historical claims about the ancient philosophers. Fourthly, to the extent that we must (despite (3)) admit that some ancient thinkers did engage in or recommend extra-cognitive forms of transformative practice, these thinkers were not true or ‘mainline’ philosophers. I contend that the historical claims (3) and (4) are highly contestable, risking erroneously projecting a later modern conception of philosophy back onto the past. Of the theoretical or metaphilosophical claims (1) and (2), I argue that the second claim, as framed here, points to real, hard questions that surround the conception(s) of philosophy as a way of life. (shrink)

This is the first of three volumes which will contain all of John Locke's writings which relate to An Essay concerning Human Understanding. This volume contains an accurate version of the two earliest known drafts of the Essay. Virtually all of Locke's changes are recorded in footnotes. Volume I was largely completed by Peter Nidditch before his death in 1983. His pioneering editorial techniques won him acclaim for his edition of An Essay concerning Human Understanding in this series in 1975.

Any theoretician constructing a serious model of consciousness should carefully assess the details of empirical data generated in the neurosciences and psychology. A failure to account for those details may cast doubt on the adequacy of that model. This paper presents a case in point. Dennett and Kinsbourne's (Dennett, D., & Kinsbourne, M. (1992). Time and the observer: The where and when of consciousness in the brain. Behavioral and Brain Sciences, 15, 183-243) assault on the materialist version of the Cartesian (...) Theater model of the mind relies significantly on the superiority of their Multiple Drafts model of consciousness as an explanation of the phenomenon of metacontrast. However, their description of metacontrast is, in important ways, inadequate. The result is that their explanation of how the Multiple Drafts model handles this phenomenon fails to account for the actual data. In this paper I offer a more complete description of metacontrast, show how Dennett and Kinsbourne's explanation fails, and argue that there are good theoretical reasons for choosing the so-called Stalinesque model over the so-called Orwellian model. (shrink)

This book is the first translation into English of the Reflections which Kant wrote whilst formulating his ideas in political philosophy: the preparatory drafts for Theory and Practice, Toward Perpetual Peace, the Doctrine of Right, and Conflict of the Faculties; and the only surviving student transcription of his course on Natural Right. Through these texts one can trace the development of his political thought, from his first exposure to Rousseau in the mid 1760s through to his last musings in the (...) late 1790s after his final system of Right was published. The material covers such topics as the central role of freedom, the social contract, the nature of sovereignty, the means for achieving international peace, property rights in relation to the very possibility of human agency, the general prohibition of rebellion, and Kant's philosophical defense of the French Revolution. (shrink)

Now that some years have passed, how does this picture of consciousness look? On the one hand, Dennett's work has vastly expanded the range of options for thinking about conscious experiences and conscious subjects. On the other hand, I suspect that the implications of his picture have been oversold (perhaps more by others than by Dennett himself). The rhetoric of _CE_ is radical in places but I do not sure that the actual implications for commonsense views of Seemings and Subjects (...) are nearly as radical. (shrink)

The 21st Century Cures Act is a major act of legislation that contains numerous changes to drug and device regulation. The House of Representatives passed the Act after considerable interest group lobbying, but the bill and the key changes made during its drafting remain controversial. Using publicly disclosed records of written comments on the bill, we reviewed the key areas of lobbying activity and the compromises made in the final text. We focused on legislative provisions relating to management of (...) the National Institutes of Health, incentives for medical product development, and approval standards for new drugs and devices. By the end of the first comment period, the Committee received 118 comments. Most respondents were patient organizations, professional societies, and pharmaceutical and device companies. Overall, the majority of public comments were positive, although public health and consumer organizations were underrepresented in the number of submitted comments. As the legislative process continued, the draft bill underwent several changes relating to NIH funding, market exclusivity provisions, and scrutiny of regulatory evidentiary standards. Understanding the key statutory provisions and how they have evolved could help patients, researchers, and advocates make more informed comments on the bill and future health care legislation. (shrink)

Two principal sources of imprecision in legal drafting (vagueness and ambiguity) are identified and illustrated. Virtually all of the ambiguity imprecision encountered in legal discourse is ambiguity in the language used to express logical structure, and virtually all of the imprecision resulting is inadvertent. On the other hand, the imprecision encountered in legal writing that results from vagueness is frequently, if not most often, included there deliberately; the drafter has considered it and decided that the vague language best accomplishes (...) the purpose at hand. This paper focuses on the use of some defined terminology for minimizing inadvertent ambiguity in the logical structure of legal discourse, where desired by the drafter. The current set of signaled structural definitions that are included in the A-Hohfeld language are first set forth and their use is illustrated in an extensive example from the treaty establishing the European Economic Community. The use of definitions in legal writing is widespread, butaddressed almost exclusively to controlling the vagueness of substantive legal terms; they are seldom used for structural purposes. Furthermore, their use in American legislative drafting is unsignaled. Here, attention is devoted to the relatively-neglected domain in legal discourse of imprecisely expressed logical structure, and the remedy offered, where desired by the drafter, is a set of signaled structuraldefinitions for use in controlling such imprecision. (shrink)

The goal of this project is to identify guidelines for privacy policies that children and teens can accurately interpret with relative ease. A three-pronged strategy was used to achieve this goal. First, an analysis of the relevant literature on reading was undertaken to identify the document features that affect comprehension. Second, focus groups were conducted to examine their experience and practices in the interpretation of privacy policies found on sites that have been identified as favorite kids’ sites. Based on the (...) results of the literature review and focus groups, a set of potential guidelines were identified. Finally, the efficacy of these guidelines was tested in the final phase of the research project. The result of this work is a set of 14 guidelines for the drafting of privacy policies that make a difference, by improving the comprehensibility of privacy policies encountered by Canadian children and teens as they surf the Net. (shrink)

Kant insists in the Rechtslehre that the right of possession is intelligible and abstracts from all sensible conditions but often maintains in his earlier drafts that empirical possession serves as the schema of intelligible possession. This paper addresses the questions, Why does Kant think in the early drafts that the right of possession requires a schematism? What work is this schematism meant to do? How does it operate in detail? What similarities between the schematism of possession and the first Critique (...) schematism justify calling them by the same name? The investigation reveals that, without the schematism of possession, no objects of choice would be available to be possessed. At the same time, the schematism must not be confused with the concept of intelligible possession. In the Rechtslehre itself, Kant retreats from a schematism of possession to a construction of right on analogy with the reciprocal relation of physical forces, and I speculate about the reasons for this change. (shrink)

The article focuses on methods of teaching commercial lawyers, whose native language is not English, some linguistic aspects of drafting a contract in English. The author, whose principal occupation is teaching legal English, has created a Course on Language Aspects of English Contract for in-service lawyers. The course is aimed at teaching learners to understand and interpret English contracts written in traditional legal English and help them develop some drafting and redrafting techniques taking into account the modern tendency (...) growing in English speaking common law countries towards simplifying traditional legal English. A number of contracts written in different styles have been analysed, basic contract categories each characterised by certain operative words and phrases, have been established and terminology glossary have been compiled. The purpose of this paper is to present the course’s syllabi, outline and teaching methods. (shrink)

whatever it is that occurs in between the two. Though superficially tempting, this idea heightens the air of mystery surrounding consciousness. As far..

In this paper, we present a method for introducing law students to the writing of legal documents. The method uses a machine-readable representation of the legal knowledge to support document assembly and to help the students to understand how the assembly is performed. The knowledge base consists of enacted legislation, document templates, and assembly instructions. We propose a system called LEDAS (LEgal Document Assembly System) for the interactive assembly of legal documents. It guides users through the assembly process and provides (...) explanations of the interconnection between input data and claims stated in the document. The system acts as a platform for practicing drafting skills and has great potential as an education tool. It allows teachers to configure the system for the assembly of some particular type of legal document and then enables students to draft the documents by investigating which information is relevant for these documents and how the input data shape the final document. The generated legal document is complemented by a graphical representation of legal arguments expressed in the document. The system is based on existing legal standards to facilitate its introduction in the legal domain. Applicability of the system in the education of future lawyers is positively evaluated by the group of law students and their TA. (shrink)

Codes of ethics were drafted by participants in the European and North American Congresses of DIYbio, a single global organization of informal biotechnology practitioners, in 2011. In general, the existence of a code of ethics amongst a community is itself significant. Codes of professional ethics are common in scientific and engineering fields, as well as in DIY communities. It is also significant, and highly unusual, that DIYbio has maintained two separate codes of ethics years after their drafting. While agreement (...) was reached within the congress for each geographic region, with considerable commonality between the two codes drafted, they are far from identical. There are differences in the ordering of items, the wording of common items, and the presence/absence of items. I will argue that these differences are meaningful, and consider them with respect to cultural variation, ethics, and societal implications. Finally, I recommend that the entire DIYbio organization unite under a single code of ethics, and that one of the existing drafts is superior to the other for this purpose. (shrink)

This is the first of three volumes which will contain all of John Locke's writings which relate to An Essay concerning Human Understanding. This volume contains an accurate version of the two earliest known drafts of the Essay. Virtually all of Locke's changes are recorded in footnotes. Volume I was largely completed by Peter Nidditch before his death in 1983. His pioneering editorial techniques won him acclaim for his edition of An Essay concerning Human Understanding in this series in 1975.

The Belmont Report of the National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research was essentially mandated in a public law on July 12, 1974. The publications of this Commission have turned out to be the most influential of all US ethics and bioethics commissions on US public policy and federal regulation. The reason for its influence is that this Commission was allowed—indeed required—to draft federal regulations governing research with vulnerable subjects and to produce a general (...) framework of moral principles that quickly became established as the only framework of general principles of research ethics for the government of the United States.The public law mandated that the... (shrink)

The manuscript notes described and trascribed below are unique: they show Bacon in the very act of originating, selecting and developing materials for the natural-philosophical projects of the crucial last years of his life. Many of the notes are drafts of material later incorporated in published texts—notably the Sylva Sylvarum . Examination of the drafts indicates that the Sylva is not a hotch-potch of plagiarized scraps. Bacon took great pains, acknowledged borrowings and drew heavily on his own extensive experimental and (...) observational work. The drafts also show that much of the material was used to display the explanatory power of his ambitious speculative philosophy. Preoccupation with the speculative philosophy is also evidenced in the notes which have no counterpart in the published works. Among these notes is a passage on the size of the universe, the motion of the fixed stars and the hypothesis of the earth's diurnal rotation. In that passage Bacon struggled with threats to his unswervingly geostatic conception of the universe. (shrink)

In Consciousness Explained, Daniel Dennett presents the Multiple Drafts Theory of consciousness, a very brief, largely empirical theory of brain function. From these premises, he draws a number of quite radical conclusions—for example, the conclusion that conscious events have no determinate time of occurrence. The problem, as many readers have pointed out, is that there is little discernible route from the empirical premises to the philosophical conclusions. In this article, I try to reconstruct Dennett's argument, providing both the philosophical views (...) behind the empirical premises, and the hidden empirical arguments behind the derivation of the philosophical conclusions. (shrink)

This volume provides the first complete edition of the third and final surviving draft of John Locke's Essay Concerning Human Understanding, dating from 1685, four years before the publication of the Essay itself (December 1689). There is a General Introduction that gives a detailed account of the content and circumstances of composition of this draft, and a Textual Introduction that provides a full description of the manuscript and its0history.