What does it mean to spatialize food? Why combine such an analysis with law, or with signs and spaces? Leveraging Peircean-inspired legal semiotic theory, the spatialized nature of food will serve as a porthole through which a semiotic view of the spatial dimensions of legal experience can be discerned and elaborated. Specifically, case studies of the simultaneously material and immaterial aspects of food will support an analysis that seeks to open avenues of conceptualization regarding categories. The semiotic nature (...) of both food and law will drive a discussion of the “dis-composition” of categories. Though such an effort may appear overly scholarly and far from pragmatic, exactly the opposite claim will be made. Case studies such as that of the “Meatball Wars” will illustrate in plain terms how subject position struggles for space cannot be adequately addressed within traditional disciplinary boundaries. The essay will conclude with a demonstration of how a “discomposing” semiotic approach has the potential to serve as a means of enabling conflict resolution on a broader scale. The overall investigation is motivated by the struggle within academia – seen across the humanities – to rethink traditional foundational assumptions and dichotomies. The argument seeks to ground itself in the interconnectedness increasingly advanced, joining scholars who insist on the importance of anthro-historical context, local particulars, and the impossibility of assuming an objective position that can coolly observe phenomena from “outside.”. (shrink)

Essential Legal Knowledge and Writing Skills focuses on the learning needs of students in legal master's programs. This text provides the knowledge and skills students need to succeed in legal studies and their professional careers. It incorporates student feedback and lessons learned in the authors' combined 30 years of experience teaching master's students. This foundational text covers court and government structure and function. It provides tested tools and strategies to read and analyze cases, statutes, and regulations. The (...) ethics chapter addresses the potential pitfalls of ethical issues and the unauthorized practice of law. The book devotes three chapters to writing, acknowledging that industry leaders seek and promote employees with excellent writing skills. A strong emphasis on regulations provides guidance to the many students who work in highly regulated fields. The text highlights specific strategies to research regulations and submit comments to agencies to effect change in their industries. It equips students with the requisite knowledge of the legal world, and the ability to write cogently about business and the law. Essential Legal Knowledge and Writing Skills is a clear, concise, foundational text grounded in best practices. (shrink)

Legal codes, such as the Uniform Commercial Code (UCC) examined in this article, are good points of entry for AI and ontology work because of their more straightforward adaptability to relationship linking and rules-based encoding. However, approaches relying on encoding solely on formal code structure are incomplete, missing the rich experience of practitioner expertise that identifies key relationships and decision criteria often supplied by experienced practitioners and process experts from various disciplines (e.g., sociology, political economics, logistics, operations research). This (...) research focuses on the UCC because it transcends the limitations of a formal code, functioning essentially as a composite. AI work can benefit from real-world codes like the UCC, which are essentially formal codes enlightened from a more realistic experience-base from centuries of development in international commercial transactions settings. This paper then describes our initial work in converting an expert system on the U.S. law governing the sale of goods from Article II of the Uniform Commercial Code (UCC), into a knowledge-based system using the Web Ontology Language OWL. (shrink)

In an increasingly litigious society where ritual demands for accountability and “taking responsibility” are now commonplace, it is not surprising that members of clinical ethics committees (CECs) are becoming more aware of their potential legal liability. Yet the vulnerability of committee members to legal action is difficult to assess with any certainty. This is because the CECs which have been set up in the UK are—if the American experience is followed—likely to vary significantly in terms of their functions, (...) procedures, composition, structures and authority. As a consequence it is difficult to generalise about the legal implications. Nevertheless, despite these difficulties this article will outline the broad legal principles governing the potential liability of committee members. It will also consider the relationship between CECs and the courts. It begins, however, with a brief analysis of the relationship between ethics and law in committee deliberations, and in particular of the role of law and legal expertise on CECs. (shrink)

Background Informed consent is one of the key principles of conducting research involving humans. When research participants give consent, they perform an act in which they utter, write or otherwise provide an authorisation to somebody to do something. This paper proposes a new understanding of the informed consent as a compositional act. This conceptualisation departs from a modular conceptualisation of informed consent procedures. Methods This paper is a conceptual analysis that explores what consent is and what it does or does (...) not do. It presents a framework that explores the basic elements of consent and breaks it down into its component parts. It analyses the consent act by first identifying its basic elements, namely: a) data subjects or legal representative that provides the authorisation of consent; b) a specific thing that is being consented to; and c) specific agent(s) to whom the consent is given. Results This paper presents a framework that explores the basic elements of consent and breaks it down into its component parts. It goes beyond only providing choices to potential research participants; it explains the rationale of those choices or consenting acts that are taking place when speaking or writing an authorisation to do something to somebody. Conclusions We argue that by clearly differentiating the goals, the procedures of implementation, and what is being done or undone when one consent, one can better face the challenges of contemporary data-intensive biomedical research, particularly regarding the retention and use of data. Conceptualising consent as a compositional act enhances more efficient communication and accountability and, therefore, could enable more trustworthy acts of consent in biomedical science. (shrink)

This article explores the bureaucratic, legal and economic dimensions of the neonatal care. Drawing analytically on the neo-Weberian approach in the sociology of professions [Freidson 2001] and the anthropology of bureaucracy in medicine [Berg 1996; Berg & Bowker 1997], we propose to analyse the medical documents and the practices of its composition as both a constitutive element of medical practice and as organisational infrastructure that ensures the coordination of different professional groups and their interactions with patients. Specifically, we define (...) this part of the work of doctors, nursing staff and health care managers in the context of neonatal resuscitation care as a process of creating and modifying a 'paper body' for their patients, i.e. all the document flow that accompanies the processes of treating and routing the patient. Empirically, the study relies on qualitative data collected within ‘the Birth of the Patient’ project: diaries of included observations of a neonatal intensive care physician, ethnographic observations by social researchers, focus groups with neonatal intensive care unit staff and interviews with medical professionals and healthcare managers. As a result of this data analysis, we find that the documentary history of the newborn patient is shaped by multiple negotiations between different medical professionals and representatives of different health care institutions. In some cases, the patient's 'paper body' turns out to be a major determinant of his or her future trajectory of (de)hospitalisation. We also find that the formation of such a documentary biography of a newborn patient does not directly correlate with his or her clinical condition, but reflects the complex system of distribution of material and non-material resources that constitute the newborn care service and in some cases goes beyond it. (shrink)

We address the question of the effectiveness of affirmative action agreements concluded by a regulatory body with employers in order to achieve greater equality in employment. We analyse the pattern of affirmative action agreements concluded by the Fair Employment Commission with employers in Northern Ireland between 1990 and 2000. We examine the association between these agreements and changes occurring in the religio-political composition of these employer's workforces during that period, based on a statistical analysis of monitoring data collected by the (...) Commission from employers, compared with employers that did not enter into such agreements. We find that firms reaching agreements with the Commission demonstrated significant evidence of change over the decade. We conclude that such agreements were likely to have been an integral part of the processes driving change in the Northern Ireland labour market in the 1990s. (shrink)

This chapter examines the different models of citizenship associated with republicanism and argues in favor of a hybrid and composite notion of republican citizenship. It views citizenship as a means to participate in political procedures but contends that such participation does not exhaust the rights and legal status that come with citizenship. More specifically, it considers three legal modes of democratic citizens in relation to freedom, civil association, the common good and equal participation: ‘citizen agents’, ‘citizen managers’ and (...) ‘citizen leaders’. It also proposes a rethinking of the rule of law through a republican lens to address the problematic of democratic citizenship today. (shrink)

This Article analyzes the composition of the board of directors as a vehicle for state intervention in corporate governance. Such intervention is ubiquitous and often motivated by goals that stray from shareholder wealth maximization, or corporate governance more generally, to promote other national interests such as diversity. Regulating board composition thus is merely the continuation of politics by other means. After briefly discussing direct state ownership in business firms as a way to advance policy goals, the Article explicates the tensions (...) between boards’ dual responsibilities of monitoring and strategy-setting. These oftentimes conflicting missions curb the law’s ability to guide board members’ conduct through the conventional legal duties of loyalty and care or other injunctions. Although the two roles also may entail conflicting implications for board composition, regulation of board composition nonetheless may prove a superior means for promoting policy goals, especially with regard to the objective of the corporation. Composition regulation harnesses board members’ personal attributes — specifically, their values — to facilitate the attainment of these goals. Instead of telling board members what to do, the state may fare better by regulating who they are. (shrink)

The article “Prevention of corruption in public procurement: importance of general legal principles” examines the importance of general legal principles in the sphere of public purchases. The purpose of the work is to analyse the information on possible methods of prevention of and fight against corruption. The main result of the work is the conclusion that strict adherence to the general legal principles is one of the corruption-reducing factors. While combating corruption in the field of public procurement, (...) general legal principles should not be divided into primary and secondary principles, because they are all equally important and complement each other. Audit of the normative acts regulating public procurement shall be performed in the Member States of the European Union; positivisation of the following principles will effectively prevent manifestations of corruption in the area of public procurement: the principle of responsibility; principle of permanent composition of the procurement commission; the principle of in dubio pro reo; the principle of compensation; the principle of control; the principle of objectivity; the principle of completing the procurement procedure within a reasonable time period. (shrink)

This essay begins with a brief description of my approach to the study of argumentation and fallacies which is empirical, historical-textual, dialectical, and meta-argumentational. It then focuses on the fallacy of composition and elaborates a number of conceptual definitions and distinctions: argument of composition; fallacy of composition; arguments and fallacies of division; arguments that confuse the distributive and collective meaning of terms; arguments from a property belonging to members of a group to its belonging to the entire group; several nuanced (...) schemes for arguments of composition; and several principles for the evaluation of such arguments. I then call attention to the fact that some scholars have claimed that the basic argument for global warming commits the fallacy of composition, and undertake a critical analysis of this claim. I show that the global-warming argument is not a fallacy of composition, but is rather a deductively valid argument of composition from the temperature of the parts to the temperature of the whole earth; moreover, I criticize the meta-argumentation of these scholars by showing that the global-warming argument is not similar to the one for global pollution, which is indeed fallacious; finally, I argue that these scholars confuse the global-warming argument with the argument claiming that all effects of global warming are harmful, which is indeed incorrect as a hasty generalization. (shrink)

The starting-point of this paper is one of the most disastrous pieces of advocacy in modern legal history. In October 1960, Penguin Books were prosecuted under Section 2 of the 1959 Obscene Publications Act for publishing an unexpurgated edition ofLady Chatterley's Lover.On the first day of the trial, Mr. Mervyn Griffith-Jones, Senior Treasury Counsel, did his best to wreck his case on the strength of one remark. He had previously tried to show that he was himself a man of (...) the world: ‘Let me emphasize this on behalf of the prosecution: do not approach this matter in any priggish, high-minded, super-correct, mid-Victorian manner’. He now proceeded to work this out in practice: ‘Would you approve of your young sons, young daughters—because girls can read as well as boys—reading this book? Is it a book that you would have lying around in your own house? Is it even a book that you would wish your wife or your servants to read?’. (shrink)

Hypertext and knowledge based systems can be viewed as complementary technologies, which if combined into a composite system may be able to yield a whole which is greater than the sum of the parts. To gain the maximum benefits, however, we need to think about how to harness this potential synergy. This will mean devising new styles of system, rather than merely seeking to enhance the old models.In this paper we describe our model for coupling hypertext and a knowledge based (...) system, and then go on to describe two prototype systems which attempt to exploit this composite framework. The first application concerns animated hypertext which accords the text a central role whilst giving access to all the advantages of a knowledge based system. The second suggests how we can augment the hypertext by providing links which reflect the conceptual model of a knowledge based system in the domain, so as to provide a more structured traversal of the text. (shrink)

In this article Elias Hemelsoet questions the way irregular migrants are approached in educational policymaking. In most cases, estimations of the number of irregular migrants serve—despite large methodological problems—as a starting point for policymaking. Given the very diverse composition of this group of people, the question is whether residence status is an appropriate benchmark for dealing with the social problems related to these people. There seems to be a homogenizing tendency at work that reduces the complexity of irregular migration. Preferable (...) distinctions are overlooked or even denied. Inclusive education seems to provide an alternative that does not reduce individuals to a group they belong to, claiming that differences only matter at the individual level. The question is whether such an approach entails a new form of homogenization. Using the case of Roma people, Hemelsoet argues here that group differences do matter for educational practice, theory, and policy. Qualitative data on the social practices of groups can help provide insight into the particularity of situations. This “insight” or “understanding,” in its turn, is a requirement in order for policymakers to make well‐considered choices. (shrink)

Why has it taken so long for member states to appoint women to the Court of Justice? Despite having won relatively significant policy instruments for equal treatment at work and high levels of legislative representation, women in the European Union have been slow to extend the demand for gender mainstreaming to courts. Prior to 1999, the Court of Justice had had one woman member until Ireland appointed Fidelma Macken in late 1999, and Germany appointed Ninon Colneric and Austria appointed Christine (...) Stix-Hackl Advocate General in 2000.The 1995 U.N. meeting in Beijing was a catalyst for the demand for balanced participation of women and men in decision-making processes within the E.U., and it coincided with Sweden, Finland and Austria joining and championing the cause of gender equality. In 1999, the Commission published a report on women in the judiciary and women lawyers began to organize across Europe. After tracing the appointment process, I review the European Parliament's role in championing women on the Court and consider recent developments. Courts, particularly supranational and federal courts, are representative institutions even if their representative function differs from legislatures. Non-merit factors have always been a factor in judicial appointments and thus the demand for women on the bench is not a terrible deviation from merit. An all male bench is no longer legitimate. (shrink)

US law has until recently treated unmodified and merely “isolated” genes as a form of intellectual property. Patents protect processes, methods, manufactures, and compositions of matter. Legal theorists and intellectual property scholars have similarly weighed in on the patentability of genes, often uncritical of the strained lines of reasoning that made first “isolated and purified” products of nature patentable, or simply weighing the costs vs. benefits. In the early fifteenth century, the first robust institutionalized forms of intellectual property protection (...) emerged in Europe. This chapter examines the theory of intellectual property implicit in its historical development and looks more closely at the question of whether genes belong to the general category “intellectual property.” The purpose of intellectual property law is to encourage innovation, to discourage secret‐keeping, and to move new knowledge into the public domain after a period of time. (shrink)

In recent years, some prominent legal philosophers have argued both that law (as a legal system) is a certain kind of abstract artifact and that we can elucidate its nature by elucidating its artifactual properties (e.g., authorship, functionality, etc). In this chapter, I present an objection to their arguments and show that law is not an abstract artifact, but rather a composite, concrete entity. I do so by arguing that law is an institutional practice, the purpose of which (...) is for legal organisations to produce legal artifacts (e.g., laws, legal judgements, international treaties, etc) through the performance of legal activities. Based on this, I next provide an ontological analysis of these artifacts by elaborating on the conditions for their creation and maintenance. By distinguishing law as an institutional practice from legal artifacts as institutional objects created by legal organisations, I intend to advance a more precise ontological account of legal phenomena. (shrink)

»Weltanschauung« is an iridescent composite term that has made various careers – in intellectual discourses as well as in everyday language, in philosophy as well as in politics. Moreover, the word has become a specifically German-language and initially also specifically German legal term, which was and is used in the context of religious freedom. The fundamental right of individual »orientation towards meaning« (»Sinnorientierung«), formulated with the help of the worldview concept, puts religious and non-religious background beliefs in the same (...) perspective. In this perspective, which can be interpreted in terms of cultural philosophy, the ideological neutrality (»weltanschauliche Neutralität«) of the democratic constitutional state and tolerance as a civic virtue also become issues. (shrink)

This article considers Hugo Grotius’s ideas on a specific topic of commercial law, analysing his position and potential contributions to early modern Dutch insolvency legislation. It might be questioned how ‘Hollandic’ Grotius’s interpretations of legal solutions for insolvency as presented in the Inleidinge tot de Hollandsche Rechts-Geleerdheid actually were. Grotius’s treatment of cessie van goede is relatively strict, whereas compositions are hardly mentioned. A rather different image rises from his later work. Here, Grotius displays a more radical view, in (...) specific cases allowing the sovereign to interfere in private property rights and to restructure debts for the common good. It is an intriguing question if and to what extent these ideas can be related to contemporary Dutch insolvency practices. (shrink)

Two decades have passed since the first attempts were made to establish systematic ethical review of human research in the Baltic States. Legally and institutionally much has changed. In this paper we provide an historical and structural overview of ethical review of human research and identify some problems related to the role of ethical review in establishing quality research environment in these countries. Problems connected to (a) public availability of information, (b) management of conflicts of interest, (c) REC composition and (...) motivation of REC members, and (d) differing levels of stringency of ethical review for different types of studies, are identified. Recommendations are made to strengthen cooperation among the Baltic RECs. (shrink)

The purpose of this study was to describe the extent to which nurses perceive the ethical dimensions of clinical practice situations involving patients, families and health care professionals. Using the composite theory of basic moral principles and the professional standard of care established by legal custom as a framework, situations involving ethical dilemmas were gleaned from the nursing literature. They were reviewed for content validity, clarity and representativeness in a two-stage process by expert panels. The situations were presented in (...) a written format to a convenience sample of nurses (n = 125), who were primarily staff nurses (65.6%). Respondents' judgements about whether the main issue of each situation concerned ethics ranged from a low of 0.8% to a high of 40%. From analyses of the categories into which the majority of subjects placed each situation, it was concluded that these nurses generally perceived ethics as the main issue in situations that directly involve patients' autonomy. Analysis yielded unanticipated findings about the themes in ethical situations to which nurses in practice may respond. (shrink)

Public, private, non-profit and for-profit nursing education enterprises in the U.S. are competing with one another in a newly complex and volatile educational landscape, placing academic leaders into situations fraught with moral, ethical and legal compromise with few precedents for guidance. This case study provides a richly contextualized narrative exploration of ethical and legal challenges to one leader’s moral courage, a fictionalized exploration drawn from multiple sources over time, to form a composite that is nonetheless firmly rooted in (...) the complexity and competitiveness characteristic of nursing education today. Our purpose is three-fold: 1) to direct the reader to moral and ethical questions that require thoughtful discourse and analysis among current and future academic nursing leaders; 2) to raise the issue of the need for regulations and oversight that reflect the changing realities of today’s increasingly complex and competitive educational arena; and 3) to encourage nursing education leaders to share additional cases that resonate for them, and in so doing, to expand the wellspring of ideas from which we can all draw in becoming more effective and morally courageous leaders. (shrink)

This study offers an overview of ‘the nationalities question’ in the Habsburg Empire, with special focus on its treatment by the Austrian social democrat, Otto Bauer, and the Hungarian ‘radical’ or ‘liberal socialist’, Oszkár Jászi. Analysing and comparing the writings of these intellectuals published between 1907 and 1918, this article shows how the contrasting legal and political contexts in Austria (Cisleithenia) and in Hungary (Transleithenia) led these authors to create contrasting alternative solutions to the problems posed by the multi-ethnic (...) composition of the Habsburg Empire. It is argued that these thinkers’ positions were fundamentally defined by Austria’s status as a ‘nationalities state’, Hungary’s identity as a nation-state, and the authors’ own affiliations with the dominant nationalities within their respective states. The article underscores the important temporal component at work in their respective pre-1918 assessments of the dual monarchy of Austria-Hungary and its effect on their stances on the reign of the Habsburgs. Whereas Bauer saw the Hungarian king and Austrian emperor Franz Joseph as a possible strong ally for the implementation of his ideas, Jászi viewed the acts of the Habsburg dynasty as alien to Hungarian interests and therefore as a source of potential danger. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Madness, Reason, and PrideRichard G.T. Gipps, PhD (bio)MadnessQuestions such as “what’s madness?” or “what’s reason?” carry no singular sense about with them wherever they go—which isn’t to say that, asked out of a particular interest in a particular context, they can’t be perfectly intelligible. Garson (2023) is wise to this when he follows “what is madness?” with “as opposed to what?”, even if this latter question itself hardly enjoys (...) a clear sense in the initial context of his asking. What counts as a satisfactory answer to “what’s x?” varies, so that sometimes we’ll be satisfied with a name, at other times by information about something’s genus, origin, function, or composition. Things get notoriously tricky when in the philosophical context the question is asked with a presumption of intelligibility despite ‘x’ being, say, an abstract noun formed from an adjective (‘consciousness’ out of ‘conscious’; ‘happiness’ out of ‘happy’; ‘madness’ out of ‘mad,’ etc.). For “what is?” questions are typically most perspicuously mooted when what’s being pursued are enquiries into (what we might call) the ‘essential nature’ of (what philosophers used to call) ‘substances’ or (of what are more ordinarily called) types of ‘thing’ or ‘entity.’ Invoke, by taking one’s lead from the fact that an ‘x’ is grammatically speaking a substantive, the specter of substance, and you can endlessly baffle yourself by now pondering the mysteries of the putative thing. (Vide discussions of “the nature of consciousness.”) Hence the boon of instead pursuing questions of an ‘opposed to what?’ sort; hence Wittgenstein considering using the Earl of Kent’s “I’ll teach you differences” (King Lear) as a motto for his Investigations. Rather more reflective wisdom regarding ‘x’ may thus be gained when we learn to contrast it with ‘y’ and ‘z’ than when peering into x’s non-existent constitution or groping for its never-instituted genus.Later, I make the case that Garson’s conception of reason itself might suffer from a form of substantialization and that, if I’m right in this, troubling implications follow for his approach to madness. But let’s begin by considering his enquiry into the relation of madness, idiocy and reason. So perhaps we’re reflecting on matters legal, and considering—since we’d hitherto been inclined to take ‘reason’ as univocal—what justifies our different treatments of the insane, the intellectually subnormal, and the normal. Or perhaps—proceeding from the same inclination—we’re puzzled by how someone may boast an exceptional IQ or demonstrate marvelous formal rationality (i.e., make deductions of a sort which would please the logician if no-one else) and yet still be quite mad. And then we realize that at which Garson’s Late Moderns seem to have been gesturing: The lack of reason qua intelligence in idiocy is a different [End Page 307] species from the lack of reason qua sanity in madness. An amethyst is lifeless in a different manner than an expired possum (it was never living, never moribund); the arational lack reason in a different sense than do the irrational (and a baobab cannot jump to conclusions.) There is, say his Late Modern theorists, something ‘perverse’ rather than simply deficient about the irrationality of madness.Now an important part of Garson’s thesis has it that “idiocy is a better candidate for the opposite of reason than madness.” One of the reasons for his making this claim is that he follows his Late Moderns in claiming that madness has reason somehow alive within it, albeit in an unconventional or surprising form. I return to his own explication of this below. Consider first, though, the different thought-referencing descriptions under which the speech acts of the thought-disordered, the speech-disordered, the delusional, and the learning disabled subject may be brought. The sufferer of speech disorder has difficulty with fluency or sound production, but once we get used to this we can find our way to the bona fide rational thought immanent within their discourse. The speech acts of the intellectually impaired subject aren’t chaotic, but instead want for invention and richness; they fail to express... (shrink)

Not for the academic value of some of the situational events, often with a comprehensive, decisive, Yan'an new philosophy will the home of its columns. Will establish a new philosophy, a lot of grand strategy is one of the actions in Yan'an. This paper examines a new philosophy will be the basic process, an analysis of its membership and the subsequent effects, assessing its characteristics in the formation of contemporary Chinese culture, the unique role, made ​​a number of issues need (...) to be further explored. This paper shows that the new philosophy will not academics, but the educational organization. It is the ideology of expert training, knowledge and control of legal rights, the implementation of the regulatory action of self-sufficiency and closed culture strategy. New philosophy will be mainly in the construction and maintenance of highly exclusive mode of thinking to make contributions, as the full value of its effect remains to be thorough and reasonable debate. Some situational events, which have been neglected by academics, may be of significant importance. The Yan'an New Philosophy Association is an example. Its establishment was one of the ambitious strategic actions of the CCP in Yan'an. This paper examines the process of the YNPA's establishment, analyses the composition of its membership, assesses its unique effect on the formation of contemporary Chinese ideology, and raises some issues that are in need of further research. This study shows that the YNPA was an educational institution instead of an academic society, and that the experts in ideology it produced had exclusive power in the cultural domain and implemented the party's cultural policies. We can see that the YNPA greatly contributed to the construction and maintenance of a high degree of cultural exclusivity. A full picture of this association, however, requires much more in-depth studies. (shrink)

The primary function of Sanskrit kāvya was always to please the readers. Literary theoreticians like Abhinavagupta often considered esthetic experience as a supramundane (alaukika) experience where the readers transcend their mundane attachments. Viśvanatha compared it to the experience of knowing brahman, the ultimate truth. But this does not mean that Sanskrit kāvya was devoid of any pragmatic concerns and was exclusively concerned with esthetic bliss. This paper examines how the purvamīmāmsā theory of bhāvanā was effectively employed by Sanskrit literary theoreticians (...) in Early India to make the readers of Sanskrit kāvya self-fashion themselves according to the existing notions about the practice of puruṣārtha-s. This mechanism, which literary critics from Kuntaka onwards explicitly mentioned, capacitated kāvya with a symbolic power to influence the worldview of readers and to make them conform to the existing dharmavidhi (legal injunction with respect to the four aims of human life). How did the idea of bhāvanā function in the composition of Sanskrit kāvya to self-fashion the readers? And how did the writers of kāvya precondition their texts so that readers should self-fashion themselves? The present paper explores these two crucial questions which shed light on the pragmatic use of Sanskrit kāvya. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Breathing Without a Head:Plant Respirations in John Gerrard's Smoke TreesOrchid Tierney (bio)About two hours from where I grew up in Invercargill, Aotearoa New Zealand, is a large finger lake called Lake Wakatipu. The lake is nested in the Southern Alps of the South Island and, at the extremes, its body measures three miles wide and fifty-two miles long. The surrounding mountains are haunting in the evenings when the coniferous (...) wildlife is silent, and for as long as I can remember, Wakatipu has been called the breathing lake. I must have read this moniker on a brochure or travel poster in a hotel or a restaurant—I used to visit the area around the lake regularly during the winter months as a child—but according to local legend, it is the beating heart of a taniwha—an ogre called Matau—that causes the lake's respirations. Matakauri, the hero of this particular myth, set alight the ogre whilst he slept in order to rescue his beloved Manata, the beautiful daughter of a local chief, whom the taniwha had kidnapped. As Matau burned, he left behind his heart, which continued to beat rhythmically in the years that followed Matakauri's daring rescue. The myth brilliantly invokes the scientific expertise of the local Indigenous people, for the lake really does rise and fall regularly throughout the day. Despite being landlocked, Wakatipu has an observable seiche, or standing wave, that occurs every 26.7 minutes and results in a tide that rises and falls almost eight inches. Of course, the seiche is the Western scientific explanation for the lake's regular aquatic behavior. The lake breathes because Matau's heart is still beating.Wakatipu's origin myth proposes a respiration that is both wonderfully metaphorical and scientific, but it also raises questions about the embodiments of breath itself. Namely, I'm curious here as to who is an agent of breath? Who and what breathes? Who can breathe easily in the Anthropocene? Who can breathe easily at all? And yet: what an unnecessarily [End Page 14] cruel question this is when so many people nowadays cannot breathe fluently or joyfully in a global pandemic. Over the course of the past two years, the ventilator has become a vexed symbol of the persistence of life, of political incompetence. Of medicalized racial injustice. The lungs that strain against the COVID-19 virus are sometimes the same lungs that have historically struggled against anthropogenic non-viral forms of air pollution. Industrial air pollutants are indicators of systemic racism, imperialism, colonialism, and the uneven urban distributions of risk. Indeed, in December 2020, a British coroner ruled, for the first time in legal history of the United Kingdom, that emissions of nitrogen dioxide and particulate matter on the South Circular Road of London were the cause of nine-year-old Ella Kissi-Debrah's acute respiratory failure in February 2013 (Laville). Toxic airborne pollution is vile matter that forcibly connects gentle lungs with racialized environments. As Timothy Choy notes, "Air muddies the distinction between subjects and environments, and between subjects. This thickness and porosity rendered by air is part of what makes the air and the airborne such deeply felt elements" (157). We, human animals, are too porous for the heavy industry and traffic routes that fill the air and the softness of our lungs. And so: we know the matter of the air by the smoothness of respiration; we feel the keen politics of the air when breathing is labored.I can point to numerous examples where respiration in the context of human life is fraught. Indeed, the act of breathing foregrounds the buoyancy of humanity and the formations of life. I want to acknowledge and hold those complexities because breathing in relation to human life, especially for populations of color, disabled people, and transgender communities, is not yet guaranteed. And I want to consider additionally, who and what has been excluded from the formulations of breathing more generally, and how breathing itself has been anthropomorphized at the expense of other forms of more-than-human life. As Jane Bennett suggests, "humans are always in composition with nonhumanity, never outside of a sticky... (shrink)

Definition of the problem. In the field of biomedical research on humans, ethical committees have an important role. They ensure the necessary protection of the subjects and contribute to quality assurance in medical research. Originally established as an instrument of ethical self-regulation in the medical profession, the ethical committee soon advanced to a statutory institution and is now on the way to becoming the body charged with judicial control in medical research. This development implies the need for changes in both (...) position and function of the ethical committee, but these have not been made with due consideration for all the developments there have been. Arguments and conclusion. The existing uncertainties are hampering medical research, which is in the interests of neither the public nor the actual medical research. Owing to the different and obscure legal arguments used, it has not been possible to make any definitive decision on the legal standing of decisions made by ethical committees. It seems obvious that these problems cannot be solved unless the work of ethical committees can be based on a clear and reliable legal basis regulating the judicial nature of the committees’ decisions, the composition of the actual committees and the procedures they are to follow in reaching their decisions. With regard to the existing regulations, this might be best achieved by integrating the work of the ethical committees into the approval procedures of an administrative authority. (shrink)

Objective: The value of spontaneous EEG oscillations in distinguishing patients in vegetative and minimally conscious states was studied. Methods: We quantified dynamic repertoire of EEG oscillations in resting condition with closed eyes in patients in vegetative and minimally conscious states (VS and MCS). The exact composition of EEG oscillations was assessed by the probability-classification analysis of short-term EEG spectral patterns. Results: The probability of delta, theta and slow-alpha oscillations occurrence was smaller for patients in MCS than for VS. Additionally, only (...) patients in MCS demonstrated fast-alpha oscillation occurrence. Depending on the type and composition of EEG oscillations, the probability of their occurrence was either aetiology dependent or independent. The probability of EEG oscillations occurrence differentiated brain injuries with different aetiologies. Conclusions: Spontaneous EEG oscillations have a potential value in distinguishing patients in VS and MCS. Significance: This work may have implications for clinical care, rehabilitative programs and medical–legal decisions in patients with impaired consciousness states following coma due to acute brain injuries. (shrink)

A correct understanding of Hart’s idea of justice and a detailed assessment of the connection between justice and law contributes to a better understanding of his legal-philosophical project. Always consistent with his argument on the separability between law and morality, Hart endorses an account of formal intralegal justice that is intimately connected to law, but not necessarily dependent upon non-legal principles of substantive justice. Hart’s theoretical commitment to a composite concept of formal justice encompasses two elements: first, the (...) imperative to treat like cases alike and different cases differently, and second, the underlying legal criteria that specify the relevant measure of likeness and difference. These elements of Hart’s theory of justice can be traced back to their doctrinal precedents in the texts of Aristotle, Sidgwick, Perelman, Ross, and Del Vecchio. Commentators and critics of Hart’s account of justice seem to agree that this account ought to be expanded by exploring its full effects on the foundations of Hart’s concept of law. When this is achieved, a third element of Hart’s intralegal justice emerges, namely, its rights-allocating function, which is deeply embedded in his account of the rule of recognition, his concept of a legal system, and his idea of law. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Islamic Disputation Theory: The Uses & Rules of Argument in Medieval Islam by Larry Benjamin MillerKhaled El-RouayhebLarry Benjamin Miller. Islamic Disputation Theory: The Uses & Rules of Argument in Medieval Islam. Logic, Argumentation and Reasoning 21. Cham: Springer 2020. Pp. xviii + 143. Hardback, €77.99.Very few unpublished PhD dissertations have had a formative influence on a field. One of the precious few is Larry Miller's Princeton dissertation from (...) 1984 on Islamic disputation theory. It proposed an original and compelling account of the development of the discipline, from the earliest extant Arabic works in the tenth century to the composition of classic madrasa handbooks in the late thirteenth century. It has been cited regularly in the past decades and has served as the starting point for all later studies of Arabic/Islamic dialectics in European languages. The fact that it has finally been published is a fitting tribute to a study that is even more admirable for having been written when many of the primary sources were still only available as manuscripts.Part of the explanation for why the dissertation was not published sooner may be that its author did not pursue an academic career. And as he states in a short preface, he has not kept abreast of all relevant studies and editions that have appeared since his dissertation. A thorough revision and update has therefore not been possible. Though some minor corrections and revisions have been made, the book is still by and large the influential 1984 dissertation, now made available with a short introduction by Walter Young, one of the leading younger scholars in the field, along with helpful indices of proper names and subjects.Miller's narrative begins with Arabic works on disputation (jadal) by a number of theologians from the late ninth and tenth centuries, such as Ibn al-Rāwandī (d. 911), [End Page 518] al-Ash'arī (d. 935), and the Karaite Jewish scholar al-Qirqisānī (d. ca. 960). The basic assumption was that a questioner (sā'il) would ask a claimant (mu'allil) (i) what his view is; (ii) what the ground or reason ('illa) for that view is; (iii) the appropriateness of the ground/reason for the view; and (iv) to verify the ground/reason by showing it to be commensurate with the view. The ground/reason for the theological dialecticians was standardly an entity or property, not a premise. The reasoning tended to be informal and analogical, as opposed to explicitly making syllogistic deductions from quantified premises.Parallel to this theological tradition of jadal, there was an Arabic Aristotelian tradition that took its point of departure from Aristotle's Topics, translated into Arabic more than once in the period from the late eighth to the early tenth centuries. Though also often referred to as jadal, this tradition, represented by the writings of al-Farabi (d. 950), Avicenna (d. 1037), and Averroes (d. 1198), retained distinct features. It tended to deny any epistemic value to dialectics, instead seeing it as useful only insofar as it provided logical training. For the Aristotelian/Neoplatonic philosophers, the pursuit of truth was the preserve of demonstrative syllogism (burhān). Whereas the theological dialecticians envisaged a claimant (mu'allil) and a questioner (sā'il), with the burden of proof on the former, the philosophical tradition had a questioner (sā'il) seek, in the manner of Socratic elenchus, to elicit from a respondent (mujῑb) a series of answers that would allow the construction of a syllogism whose conclusion contradicted the respondent's initial position.From the time of al-Ghazali (d. 1111), Islamic theologians tended to take over the syllogistic ideal of reasoning from the philosophers, perhaps explaining why theological writings on jadal trail off after the eleventh century. The informal, analogical jadal tradition continued, however, in the writings of Islamic jurists. From the eleventh century, scholars such as Abū Isḥāq al-Shīrāzī (d. 1083) and al-Juwaynī (d. 1085) wrote works on jadal in which the examples are disputes about questions of Islamic law and the disputants are partisans of the various legal schools. This tradition of what Miller calls "juristic dialectics" (74, 95) later adopted some... (shrink)

During the 1970s and 1980s, legal precedent, governmental recommendations, and professional society guidelines drove the formation of hospital ethics committees (HECs). The Joint Commission on Accreditation of Health Care Organization’s requirements in the early 1990s solidified the role of HECs as the primary mechanism to address ethical issues in patient care. Because external factors drove the rapid growth of HECs on an institution-byinstitution basis, however, no initial consensus formed around the structure and function of these committees. There are now (...) almost 40 years of empirical studies on the composition, administration, and activities of HECs in the United States. We conducted a systematic review of the available empirical literature on HECs to describe their evolution. As HECs changed over time, they increased their total number of members and percentage of members from nursing and the community. Although physicians increasingly chaired these committees, their presence as a percentage of overall members declined. The percentage of administrative members remained steady, although committees became increasingly likely to have at least one administrative member. HECs were also increasingly likely to report to an administrative body or to the board of trustees or directors rather than to the medical staff. Finally, consultation volume increased steadily over time. There has not, however, been a national survey of the composition of ethics committees, their administration, or volume of consultation in more than 10 years, despite increasing calls for professional standards and quality improvement assessments among HECs. (shrink)

Technologies like CRISPR and gene drives are ushering in a new era of genetic engineering, wherein the technical means to modify DNA are cheaper, faster, more accurate, more widely accessible, and with more far-reaching effects than ever before. These cutting-edge technologies raise legal, ethical, cultural, and ecological questions that are so broad and consequential for both human and other-than-human life that they can be difficult to grasp. What is clear, however, is that the power to directly alter not just (...) a singular form of life but also the genetics of entire species and thus the composition of ecosystems is currently both inadequately regulated and undertheorized. In Gene Editing, Law, and the Environment, distinguished scholars from law, the life sciences, philosophy, environmental studies, science and technology studies, animal health, and religious studies examine what is at stake with these new biotechnologies for life and law, both human and beyond. (shrink)

In lieu of an abstract, here is a brief excerpt of the content: Reviews PASSION AND PARADOX L G Religious Studies / McMaster U. Hamilton, , Canada   @. Joan Cocks. Passion and Paradox: Intellectuals Confront the National Question. Princeton and Oxford: Princeton U. P., . Pp. . .; pb .. ccording to an ancient legend, four Rabbis ventured into the garden of Aphilosophy. One, it is said, went insane, another became a heretic, a third died and only the (...) fourth emerged unscathed. A modern variation of this story might go like this. Four or perhaps  philosophers entered the jungle of nationalism and for the most part went insane. There were those who embraced nationalism and consequently abandoned the universality of philosophy for the promotion of xenophobia, racism and even Nazism. Others remained internationalist and hence became futile—philosophical Canutes—commanding the raging beasts of nationality to be still. No one struggled harder with nationalism than Bertrand Russell. In , writing as an internationalist, he announced the demise of the principle of nationality only to see nationalisms explode in every region of the world (see his “National Independence and Internationalism”, Papers ). He opposed it relentlessly and without compromise until near the end of his life when he found himself endorsing wars of national liberation. Nationalism is often depicted as a howling beast. It would be better to think of it as an anaconda that wraps itself around everyone who ventures into its domain. Joan Cocks’ Passion and Paradox is an important book on nationalism and the intelligentsia. She traces the intellectual encounter with nationalism of a number of figures—Karl Marx, Rosa Luxemburg, Isaiah Berlin and the Scottish nationalist Tom Nairn, among others. All are exiles, most are Jews, and all try to hack their way through a jungle of conundrums of nationalist thought. Her accounts of these thinkers sometimes read like complex legal briefs, but are always illuminating. Though an internationalist, she sees the power of nationalist imperatives. Her approach to the contradictory strains of nationalism and hostility to nationalism echoes that of Hegel. She presents critical but sympathetic accounts of each side of the nationalist problematic and shows how their difficulties might be resolved in a higher synthesis. Alas! her resolution suffers from the unworldliness that she finds in other versions of internationalism. Her argument begins with a personal experience. In the early ’s she joined a group of Arabs and Jews against the Gulf War. In the course of their associ- Reviews  ation she learned that the Jews were all internationalists, while the Arabs were outspoken nationalists. This experience presumably demonstrated that a happy collusion of nationalism and internationalism was possible. But, of course, there was another side: those prosecuting the war she opposed were also nationalists. Her central thesis addresses the tragedy of opposition. It states that nationalism is “dilemmatic”, that is, that “all paths of thought obscured equally telling contrary thoughts; all courses of action were strewn with causes for regret and remorse” (p. ). The horns of the dilemma are the valid claims of the internationalist who sees the underlying self-destructive deep structures of nationalism on one side, and the claims of the national particularistic who is engaged in the compelling theatre of national liberation and the protection of local customs and roots on the other. Her book is an account of how her thinkers are framed by this dilemma, locked in by the imperatives of either side. In the period between the Gulf War and the composition of this book in  Cocks was able to observe what she identifies as the destructive logic of nationalism. The ’s were a period of postmodernist celebration of the local, a sensibility that helped to legitimate nationalism. The explosion of nationalism that followed the breakup of the Communist imperium was a time of liberation of the imprisoned nations—a springtime when it was good to be alive. But as the decade wore on the concealed pit bulls came out—in Yugoslavia, in Rwanda and elsewhere. In Cocks’ view nationalism showed an inner logic, of a sort that Russell called attention to in the early ’s—a logic that led from euphoria to self-destruction (see his Prospects). Her aim is to revive the half-remembered internationalist tradition as formulated by Marx and Luxemburg—but also to show... (shrink)

Research on the entry of women into occupational settings confirms the importance of the structural composition of the workplace insofar as women are treated as tokens. This study examines women lawyers in terms of three consequences of tokenism: visibility, polarization, and stereotyping. The results from a survey of lawyers in southern Arizona indicate support for the theory of tokenism. Women are more likely than men to report hearing sexist jokes and remarks, to be referred to by their first names, to (...) be asked whether they are lawyers, and to receive compliments about their appearance rather than their achievements. These results highlight important gender differences in legal careers; it remains to be seen whether changes in women's numerical representation alone will be sufficient for changing the relations between dominants and tokens in legal workplaces. (shrink)

A widespread Western conception about the sanctity of the human body and its parts prevents from any morally acceptable disposition of these objects. However, this entails nothing but a dualistic conception of the human being as a composite of detachable parts — namely, body and mind. Understood as the antechamber of legal rights, moral rights perform an important — yet frequently overlooked — justifying function that permeates the political discourse. Although the connection among moral, political and legal discourses (...) should be properly acknowledged, certain boundaries are to mediate among each scope for the sake of certainty and accuracy. Intermediate realities, as the so-called human rights, serve to connect the moral and legal domains, still they also blur the lines along which the discourse is deployed. Moral entities are essentially inalienable, to the extent that they demarcate the moral status of the subject. By contrast, legal rights are essentially negotiable and, thus, alienable. The controversial instance of bodily rights will serve to test the assertions above. (shrink)

Richard A. Posner's two books on the financial crisis focus on possible macroeconomic (Keynesian) causes of it, neglecting legal causes that would have had only microeconomic effects, yet could have been responsible for the crisis. Specifically, Posner accepts too readily the conventional wisdom that banks? leverage levels, hence their capital cushions, were deregulated; this ignores Basel I, Basel II, and the Recourse rule, which internationally and (in the last case) in the United States minutely regulated not only leverage levels (...) but the composition of banks? assets. These regulations penalized banks for making business loans in comparison to mortgage loans, and it further penalized them for keeping mortgage loans rather than selling them for securitization and then buying back the ?senior? tranches of the resulting mortgage-backed securities. These regulations may explain the overconcentration of mortgage risk in the banks, and thus the financial crisis. (shrink)

This article complicates the idea that lesbian and gay kinship is based primarily on friendship, voluntarism and being free from duty and obligation. It also offers a more nuanced understanding of wills as a rich source of evidence for making claims about kinship, family and relationships. It analyses conversations about will-writing with fifteen older lesbians and gay men, taken from interviews which formed part of a wider socio-legal study on the intersection of ageing, gender and sexuality. The analysis identifies (...) a wide range of kinship formations and composition going beyond “family of choice” narratives, and also both connections and disconnections between ties of love and affection and disposal of assets in wills. Participants’ will-writing reflected four types of prioritisation: prioritising children; prioritising friends; prioritising siblings; mixed priorities. In contrast with accounts of “families of choice” as being duty-free, a sense of duty, especially towards biological family members, was evident in a number of interviews. I suggest that wills can sometimes be a rich source of evidence about kinship, but only when analysis takes into account the complexities and contingencies which can be involved. (shrink)

This article seeks to understand contractual rights through an examination of the possible ‘property’ content in contracts in the context of the inducement tort and conversion. It argues that, contrary to popular perception, contracts and property are different shades of a similar phenomenon. Not being a reified ‘thing’ with stable features and structure, property is a relative rather than an absolute concept. To determine whether the holder of an intangible resource ought to be conferred with ‘property’ or exclusive control of (...) access to such resource, one has to evaluate the relevant practical, legal and moral considerations. Applied to the context of inducing breach of contract and conversion, this analysis demonstrates that a contractual right is in fact a composite collection of distinct interests and each tort may be protective of one or more of such interests. Thus, liability is imposed for inducing breach of contract because tort law recognizes the promisee's exclusive right to the peremptory status of the promisor's promise. On the other hand, the wrongfulness of converting a contract lies in the usurpation of a contracting party's control, or the exclusive entitlement to decide whether and how to exercise her rights under the contract. (shrink)

Background Generally, there is unanimity about the value of community engagement in health-related research. There is also a growing tendency to view genetics and genomics research (GGR) as a special category of research, the conduct of which including community engagement (CE) as needing additional caution. One of the motivations of this study was to establish how differently if at all, we should think about CE in GGR. Aim To assess the perspectives of genetics and genomics researchers in Uganda on CE (...) in GGR. Method A cross-sectional qualitative study was conducted at Makerere University and Uganda Virus Research Institute. Twenty-five individuals participated, the majority being male (sixteen). Participants included nineteen genetics and genomics researchers (researchers and research coordinators), two CE officers, three nurses and one nursing counsellor. Data were collected using in-depth interviews and analyzed in a thematic manner using NVivo version 12 Plus. Study findings Thirteen of the respondents had conducted CE in their GGR in either a geographical and disease-specific community. Some respondents said CE principles are the same and there is no need for special consideration for CE in GGR. Others gave ethical issues in GGR that require special consideration for CE in such research and these were categorized into six themes: GGR is new to communities, Difficulty in communicating GGR by the researchers, Genes are shared in communities, Cultural sensitivities against GGR, Community attitude toward GGR, Some GGR studies take long to end, and Negotiation of research benefits. Special considerations for CE when conducting GGR were suggested and categorized into seven themes: creating awareness of GGR in communities, obtaining both community acceptance and individual consent, CE team composition, involve communities in solving GGR challenges, prolong CE in some GGR, develop guidelines for CE in GGR, and legal considerations on GGR. Conclusion GGR was characterized by special issues that require special CE considerations for such research. (shrink)

The Chinese are probably the most particular people in the world when it comes to their names. As the Chinese proverb says, “worse than being born under a bad star is to receive a bad name.” For this reason it is difficult, if not impossible, to evaluate the role of name signs in China without a certain knowledge of the Chinese tradition regarding the attribution of names. A legal Chinese name is made up of a family name, monosyllabic with (...) some exceptions, followed by a monosyllabic or disyllabic first name. Theoretically, the 50,000 characters that make up the Chinese lexicon are potential choices for the composition of a first name. Due to the great number of homophones included in the Chinese language, it is difficult to identify the graphic form of a Chinese name by its pronunciation alone. Hence the custom of specifying the characters by writing them in the air or by indicating their signification, or even by simply presenting a calling card. (shrink)

A system effect arises when the properties of an aggregate differ from the properties of its members, taken one by one. The failure to recognize system effects leads to fallacies of division and composition, in which the analyst mistakenly assumes that what is true of the aggregate must also be true of the members, or that what is true of the members must also be true of the aggregate. Examples are (1) the fallacious assumption that if the overall constitutional order (...) is to be democratic, each of its component institutions must be democratic, taken one by one; (2) the fallacious assumption that if judges are politically biased, courts will issue politically biased rulings. In these cases and many others I will discuss, system effects are an indispensable analytic tool for legal theory. A systemic approach implies that the choices of legal actors are strategically interdependent: the best course of action for any given actor will depend upon what other actors do. Judges deciding how to interpret statutes and the constitution, for example, cannot simply assume, idealistically, that it would be best for them to adopt the approach that would be best for all if adopted by all. If others do not adopt that approach, then the nature of the best approach for the given judge may itself change, taking others' actions as nonideal constraints. The implication is a second-best approach to constitutionalism and legal interpretation.The judge who takes system effects into account may change her approach in light of the behavior of her colleagues and the behavior of other institutions. Although such a judge is strategic, it does not follow that she is unprincipled. Rather, under identifiable conditions, the systemically-minded judge will be a strategic legalist who attempts to act, within the constraints that arise from others' behavior, so as to nudge the legal system toward the best possible state, according to her view of the law. Indeed, the systemically-minded judge may even be a legal chameleon who changes her approach as the legal environment, including the behavior of other judges, changes around her, until the court as a whole reaches an equilibrium of optimal diversity. Although such a course of action is psychologically demanding, the systemic benefits that the legal chameleon creates can be attained at the systemic level instead. Wise appointments by Presidents and Senators aiming to diversify the judiciary would mimic, in a second-best way, the diversity that a bench of legal chameleons would produce"--John M. Olin Center for Law, Economics, and Business web site. (shrink)

Values such as justice, fairness, reason, and truth permeate the cultural fabric of societies. A key image of these values in many Western democracies is the legal icon of Justitia or Lady Justice as she embodies notions of justice. Examining such cultural constructions promotes discussion of assumed values and meanings pertaining to iconic representations. Semiotic analysis of Justitia and her compositional elements — the sword of justice, scales of justice, and blind-fold reveal tensions between the rhetoric and reality of (...) our interpretations of justice. This paper makes explicit the iconic representations of societal values imbued in Justitia and raises questions about the invisible power of cultural reproduction. (shrink)

Introduction. The inadequacy of the support measures provided to children with orphan diseases is exacerbated by the trend towards an increase in the number of children with such a diagnosis. Orphan diseases also include diseases caused by primary immunodeficiency or congenital errors of immunity, which are life-threatening. However, these people are part of society and require attention from it, and social and economic measures from the state. Most of them, with proper treatment, socialization and appropriate government support, can lead a (...) normal life and live a full life. Scientific novelty of the research. On the basis of the study results, the authors contribute to clarifying the principles used in the implementation of the security function of the social state. The targeting of social support measures must be supplemented with the principles of social justice and freedom to choose ways to meet the needs of specific categories of citizens, understood as follows. The welfare state supports those citizens who need it most of all, namely, the poor. Specific categories of citizens can satisfy their needs, while having the opportunity to choose. This opportunity arises thanks to the receipt of targeted assistance in the form of monthly or annual subsidies. Families with children with orphan diseases should also be included in these categories. If they have the right to receive annual government subsidies, they will be able to spend these funds depending on the current needs due to the state of health of their children with orphan diseases (for the purchase of socially important food products; medicines, medical nutrition, and various services). The aim of the work is to study the problems of providing support measures to children with orphan diseases in the context of the current model of the welfare state. The article analyzes the satisfaction of patients with congenital immunity errors with various types of state support, identifies problems that reduce their satisfaction. Methods. The authors use methods such as comparative analysis, study of regulatory legal acts, sociological analysis. Results. On the basis of the study results the effectiveness of measures of state support for children with orphan diseases, studying the best experience of foreign countries, proposals were made to clarify the principles used to implement the security function by the social state, to expand the composition of the subjects involved in providing support measures analyzed in the article. Conclusions. The results obtained make it possible to assert that the targeted approach, which is basic in the model of the welfare state, does not cover most of the problems of children with innate immunity errors and, accordingly, the families that represent their interests. (shrink)

The role of Hospital Ethics Committees is to support patients and their relatives as well as medical staff in solving ethical issues that arise in relation to the implementation of medical care. In Poland there are no clearly formulated legal regulations concerning the establishment and functioning of hospital ethics committees. Hospitals applying for accreditation are obliged to present solutions defining the way of solving ethical issues in a given institution, some of them appoint HECs for this purpose. The aim (...) of this study was to analyze information concerning the functioning of hospital ethics committees in Poland on the basis of publicly available data published on the websites of accredited hospitals. Very few accredited hospitals make public information about functioning in their ethics consulting facilities through hospital ethics committees. In most cases, the information provided on the functioning of HECs is general, both in terms of the committees’ functioning, type of cases under consideration and the composition of personnel. (shrink)

This essay assesses the possibilities for poetic-liturgical compositions, such as requiems, to promote Christian public engagement when legal frameworks are perceived to be inadequate for securing justice. This essay addresses the perception that legal statutes and procedures failed to honor the personhood of two particular African American males and discusses how aesthetic responses have been used to counter the devaluing of their lives. One such response, Marilyn Nelson's poem Fortune's Bones: The Manumission Requiem, questions the law's failure to (...) protect an eighteenth-century enslaved man. Another requiem memorializes Michael Brown after the teen's killing by a police officer in 2014. This essay discusses these particular aesthetic responses and then evaluates the possibilities for the requiem as a Christian practice of civic engagement by appropriating Charles Mathewes's articulation of hopeful citizenship. In cases when the law is perceived to be complicit in devaluing African American personhood, liturgy can be a meaningful Christian response. (shrink)

The risks of materials containing nanoscale components are in the public debate discussed as if a manufactured nanomaterial will remain invariant with time and environmental exposure, and as if we can identify its risks by the risks of its nanoscale components. Additionally, the debate on mitigation of specific nanorisks by new legislation implicitly assumes that we can have full and accurate knowledge of the distribution and composition of nanomaterials in a product or the environment. In this discussion note, I argue (...) that physical laws intrinsic to the behavior of nanoparticles both lead to limits on the risks to which we are likely exposed and on our technological ability to verify compliance with new regulations. My conclusion is that governmental actors should be careful not to overreact in their response to a technological revolution that only in few areas is likely to lead to increased public exposure, and in doing so using legal measures for which compliance cannot be monitored. (shrink)

Can taxation and the redistribution of wealth through the welfare state be conceived as a modern system of circulation of the gift? But once such a gift is institutionalized, regulated and sanctioned through legal mechanisms, does it not risk being perverted or corrupted, and/or not leaving room for genuinely altruistic motives? What is more: if the market’s utilitarian logic can corrupt or ‘crowd out’ altruistic feelings or motivations, what makes us think that the welfare state cannot also be a (...) source of corruption? To explain the standard answers to the abovementioned questions as well as their implications I will first re-examine two opposing positions assumed here as paradigmatic examples of other similar positions: on the one hand, Titmuss’s work and the never-ending debate about it; on the other, Godbout’s position, in-so-far as it shows how Titmuss’s arguments can easily be turned upside down. I will then introduce and reinterpret Einaudi’s “critical point” theory as a more complex and richer anthropological explanation of the problems and answers considered herein. Through the analysis of these paradigmatic positions I will develop two interrelated arguments. 1) The way these problems are posed as well as the standard answers to them are: a) subject to fallacies: the dichotomy fallacy and the fallacy of composition; b) too reductive and simplistic: we should at least try to clarify what kind of ‘gift’ or ‘corruption’ we are thinking about, and who or what the ‘giver’, the ‘corrupter’, the ‘receiver’ and/or the ‘corrupted’ party are. 2) The answers to these problems cannot be found by merely following a theoretical approach, nor can they be merely based on empirical evidence; instead, they need to take into account the forever troublesome, ambiguous and unpredictable matter of human freedom. (shrink)

Both in criminal law science and in the judicial practice there are a lot of discussions as to what should be considered as the beginning and end of human life. Birth and death are not instantaneous acts, but rather processes made up of time-spans that can be construed as evidence of the beginning or end of a human life. From a biological point of view the human life is a constant, continuous metabolic process after cessation of which the human life (...) also ceases. These circumstances very much aggravate the definition of criteria of the moments of beginning and end of human life. There are disagreements in the criminal law science with respect to from which moment the human life is to be protected by the criminal law. Herewith this presupposes also the other problematic question—what is to be considered a “living human” as a homicide subject (a victim). Complication of the said question is also determined by the fact that it is related not only to legal but also to medical, religious, and moral aspects. This article exactly analyses certain aspects of the beginning and end of human life in the context of the homicide composition attributes. (shrink)