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)

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)

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)

This paper is based on a doctoral thesis which aimed at investigating on whether the use of strategic vagueness in Security Council resolutions relating to Iraq has contributed to the breakout of the 2002–2003s Gulf war instead of a diplomatic solution of the controversies. This work contains a linguistic and legal comparative analysis between UN and U.S. documents and their drafts in order to demonstrate how vagueness was deliberately added to the final versions of the documents before being passed, and (...) thus strategically used vagueness has played a crucial role in UN resolutions related to the outbreak of war in Iraq, and in relevant legislation produced by the United States for its Congressional authorisation for war. The comparative analysis between S/RES/1441(2002) and US legislation has evidenced that that there would have been diplomatic solutions to the Iraq crises which were not synonymous of light-handed intervention against Iraq, but deliberately vague UN wording allowed the US to build its own legislation with a personal interpretation implying that the UN did not impede military action. (shrink)

Amongst the recent documents released by the Greek Ecumenical Patriarchate of Constantinople, the one titled ‘For the Life of the World’, published before the beginning of the COVID-19 pandemic, touches upon an important section of the life of the Orthodox Church, namely, the social one. As a result of the fact that, so far, there is no official document of the aforementioned Church dedicated to this aspect, whilst the Reformed Churches and the Catholic one have already issued similar documents, (...) I consider the existence of such an article, with all its minuses, important. Moreover, it can constitute a bridge and an invitation to dialogue with other Christian traditions or backgrounds. Being aware of this fact, I have decided to analyse this document in this article to emphasise its influence and its elements of novelty and to speak about both its utility and its weaknesses. As a result of the fact that the Ecumenical Patriarch Bartholomew has had an important contribution to its drafting, I will also try to present this aspect and to show how the ecological vision that he has, amongst other aspects, influenced its content. Contribution: Considering the importance of the recent document ‘For the Life of the World of the Ecumenical Patriarchate of Constantinople’, I will try to analyse it and to present its social relevance and meaning. (shrink)

This study seeks to explore the major errors that frequently emerge when novice translators translate technical texts, namely legal documents released by the Department of Lands and Survey in Jordan. The goal behind this investigation is to improve legal translation training, develop students’ drafts based on the types of their mistakes, and deliver a message to curricula designers in the field of legal translation. To this end, 20 Jordanian novice translators (MA students) are chosen from two private universities to translate (...) three legal documents from Arabic into English. The main findings revealed that different problems emerged, namely the participants’ inability to translate near-synonym technical terms, grammatical problems, and stylistic problems at both lexical level and sentence level. These findings are hoped to be insightful for both learners and teachers. A number of pedagogical recommendations are proposed by the researchers to develop learners’ competence and reach a professional level and open the venue for trainers to achieve advances in the quality of the target text and in the translation teaching–learning process. (shrink)

Current developments in biomedicine are presenting us with difficult ethical decisions and raising complex policy questions about how to regulate these new developments. Particularly vexing for governments have been issues related to human embryo experimentation. Because some of the most promising biomedical developments, such as stem cell research and nuclear somatic transfer, involve such experimentation, several international bodies have drafted documents aimed to provide guidance to governments when developing biomedical science policy. Here I focus on two such documents: the Council (...) of Europe's Convention for the Protection of Human Rights and Dignity of the Human Being and the Additional Protocol to the Convention for the Protection of Human Rights and Dignity of the Human Being.I argue that by using human dignity as a criterion to determine the permissibility of particular human embryo research practices, these documents cannot aid in identifying research that would be contrary to human dignity. Thus, they fail to guide public policy on embryo experimentation. Their use of human dignity as a criterion makes their task of offering guidance unfeasible because the concept as used in these documents is too vague and is applied in contradictory ways. I discuss the main goals of these documents and their claims in relation to human embryo research. I then discuss how they have influenced public policy in several countries. Finally, I show that although these Council of Europe treaties attempt to serve as public policy guides in the area of embryo research, they fail to do so. (shrink)

Background U.S. federal regulations require that certain ethical elements be followed to protect human research subjects. The location and clinical circumstances of a proposed research study can differ substantially and can have significant implications for these ethical considerations. Both the location and clinical circumstances are particularly relevant for research in intensive care units (ICUs), where patients are often unable to provide informed consent to participate in a proposed research intervention. Purpose Our goal is to elaborate on the updated 2013 U.S. (...) Food and Drug Administration (FDA) guidance document regarding an exemption from the requirement of obtaining informed consent from patients or their surrogates and to address certain elements within that document, thereby assisting clinicians in developing a framework for emergency research in accordance with the regulatory bodies at their own institutions and in the United States. Methods Review of the 2011 and updated FDA guidance document on exemption from informed consent. Results The current process of obtaining informed consent within ICUs needs to be revisited, especially for research in which timely informed consent is not likely. In particular, the process of obtaining informed consent may not be appropriate or even ethical for critically ill patients in extremis who require an intervention for which there is no current acceptable standard of care and clinical equipoise exists. We provide clinicians with a viewpoint that further elaborates on the FDA guidance document. Limitations The viewpoints provided herein are those of the authors and are therefore inherently limited by the personal views of a selected few. Other clinicians or researchers may not interpret the FDA guidelines in a similar manner. Moreover, the discussion of a guideline document is a limitation in and of itself. The guidelines set forth by the FDA are precisely that—guidelines. Therefore, they may not be followed as outlined in the guidance document within one’s own institution. Our goal is that, by elaborating on the guidelines for planned research involving human subjects in the ICU, institutional regulatory bodies may gain a better understanding in drafting their own document when faced with a clinician or a researcher who wishes to conduct planned research in an ICU. Conclusions We believe that the interpretations provided will allow clinicians to safely undertake planned research in ICUs without endangering the main tenets of ethical research involving human participants. This research is needed for the advancement of care in the critically ill. (shrink)

During its first four congresses, held annually under Lenin, the Communist International went through two distinct phases: while the first two congresses focused on programmatic and organisational aspects of the break with Social-Democratic parties, the third congress, meeting after the putsch known as the ‘March Action’ of 1921 in Germany, adopted the slogan ‘To the masses!’, while the fourth codified this new line in the ‘Theses on the Unity of the Proletarian Front’. The arguments put forward by the first two (...) congresses were originally drafted by leaders of the Russian Communist Party, but the initiative for the adoption of the united-front policy came from the German Communist Party under the leadership of Paul Levi. This article explores the historical circumstances that turned the German Communists into the pioneers of the united-front tactic. In the documentary appendix we add English versions of two documents drafted by Levi: the ‘Letter to the Central Committee of the Communist Party of Germany’ on the Kapp Putsch, dated 16 March 1920, and thekpd’s ‘Open Letter’ of 8 January 1921, which gave rise to the united-front tactic. (shrink)

Document assembly and other substantive legal practice applications are the most knowledge-intense forms of software now widely available in the legal technology marketplace. This article provides an illustrative look at two contemporary practice system engines-CAPS and Scrivener-and examines their relevance for AI-and-law researchers.

The advent and expanding role of jurilinguistics as part of the federal legislative process are closely associated with the gradual recognition of the equal authority of the two linguistic versions of federal legislation, as well as the implementation of co-drafting as the most effective method of taking into account the equal authority of the two official languages of the country. Jurilinguistics gradually made its way into the federal legislative process starting in the mid 70s and quickly resulted in the establishment (...) of a formal group dealing with French jurilinguistics, comprised of Francophone drafters and jurilinguists. Jurilinguists played a key role in the development of drafting standards for the drafting of a truly authentic French version of federal legislation. In the late 90s, Anglophone jurilinguists were also hired to ensure the highest quality possible for the English version of the federal laws and, along with their Francophone counterparts, to ensure the functional equivalence of the two language versions. The implementation of the departmental policy on legislative bijuralism constituted an additional challenge for the drafter who, fortunately, can rely on comparative law experts, as well as the sound advice of the jurilinguists, to produce legislative texts that are consistent with the principles of clarity in drafting legal documents. (shrink)

India has produced several drafts of data policies. In this work, they are referred to [1] JBNSCR 2018, [2] DPDPR 2018, [3] NSAI 2018, [4] RAITF 2018, [5] PDPB 2019, [6] PRAI 2021, [7] JPCR 2021, [8] IDAUP 2022, [9] IDABNUP 2022. All of them consider Artificial Intelligence (AI) a social problem solver at the societal level, let alone an incentive for economic growth. However, these policy drafts warn of the social disruptions caused by algorithms and encourage the careful use (...) of computational technologies in various social contexts. Hence, the emerging data society and its implications in India's social contexts demand immense social science attention, which needs to be improved in the policy drafts, primarily because they are creations of industry stakeholders, technocrats, bureaucrats, and experts from tech schools. In the larger social milieu of digital infrastructure emerging, the fundamental question is whether India's national philosophy envisioned in the Indian constitution is reflected in the policy papers. The paper enquires whether the national data policy upholds the core values dispersed through the philosophy of the Indian constitution, which, among other things, is not confined only to inclusion, diversity, rights, liberty, justice and equality. By focusing on constitutional values, the paper seeks to offer a broader and more critical understanding of India's approach to AI policy by bringing together analyses of a wide array of policy documents available in the public realm. (shrink)

Advance directives are written documents that give patients the opportunity to communicate their preferences regarding treatments they do or do not want to receive in case they become unable to make decisions. Commonly used pre-printed forms have different formats. Some offer space for patients to appoint a surrogate decision maker, and/or to determine future medical treatments and/or give a statement of personal values. So far it is unknown which forms GPs preferably use and why they decide to do so. 23 (...) semi-structured interviews with GPs were analysed using content analysis. Interviewees mainly use short templates and medium length templates with checkboxes to indicate patients’ preferences in regards to life prolonging measures. Especially when patients faced the progression of a disease, participants use the latter version. Only then, the interviewees remarked, patients are capable to rate concrete situations reliably. GPs also realize the importance of the verbal assessment of patients’ preferences; however they rarely keep a written form of the conversation. Some GPs hand out one or more templates and ask their patients to read and think about them at home with the option to talk to them about it later on, while others prefer their patients to fill them out alone at home. Regardless of template usage, most GPs emphasize that ADs require regular updates. GPs tend to see standardized advance directives mainly as a tool to start a conversation with their patients and to identify their real preferences and values. When the patient is still not facing the progression of an already existing disease it could be sufficient to only appoint a surrogate decision maker instead of creating a full AD. However, in all other situations, appointing a surrogate decision maker should be backed up by a written statement of a patient’s general values. Patients and their relatives should always have the opportunity to ask their GP for medical advice when drafting an AD. It is crucial to regularly verify and update existing ADs within the course of a disease. (shrink)

From the Hippocratic Oath on, deontological codes and other professional self-regulation mechanisms have been used to legitimize and identify professional groups. New technological challenges and, above all, changes in the socioeconomic environment require adaptable codes which can respond to new demands.We assume that ethical codes for professionals should not simply focus on regulative functions, but must also consider ideological and educative functions. Any adaptations should take into account both contents (values, norms and recommendations) and the drafting process itself.In this article (...) we propose a process for developing a professional ethical code for an official professional association (Colegio Oficial de Ingenieros Industriales de Valencia (COIIV) starting from the philosophical assumptions of discursive ethics but adapting them to critical hermeneutics.Our proposal is based on the Integrity Approach rather than the Compliance Approach. A process aiming to achieve an effective ethical document that fulfils regulative and ideological functions requires a participative, dialogical and reflexive methodology. This process must respond to moral exigencies and demands for efficiency and professional effectiveness.In addition to the methodological proposal we present our experience of producing an ethical code for the industrial engineers’ association in Valencia (Spain) where this methodology was applied, and we evaluate the detected problems and future potential. (shrink)

It is now some thirty years since the researches of John H. Fisher and Malcolm Richardson highlighted the importance of the records of the central government in the process of English-language “vernacularization” in early-fifteenth-century England. Their publication of the Anthology of Chancery English provided irrefutable evidence of a linguistic transition that overtook some key types of government records, which began to be drafted in English where previously they had been written in Anglo-Norman French and, to a lesser extent, Latin. But (...) while the existence of these early examples of “official” written English cannot be doubted, the forces that underlay this linguistic shift are less clear. From the very outset, doubts were expressed about the hypothesis advanced by Fisher and Richardson, that the spread of English in the records of the central government could be directly attributed to a “language policy” put into place by the Lancastrian regime and, in particular, to the personal initiative of Henry V, who made the momentous decision—from a linguistic point of view—to have his signet letters written in English rather than French in July 1417. But it is only more recently that a more detailed and robust criticism has been directed toward these ideas. In an article published in 2004, Michael Benskin rightly pointed out that the very term “Chancery English,” or “Chancery Standard,” as applied in the work of Fisher and Richardson is a misnomer, since only a minority of the documents contained within the Anthology were actually produced within the Chancery itself. He also questioned the extent to which the Chancery could be credited with an enlightened attitude toward written English, given that some of its most prestigious records—the close, patent, and statute rolls—continued to be written in Latin or French throughout the fifteenth century. (shrink)

Presents an account and technical assessment of Marx's economic analysis in Capital, with particular reference to the transformation and the surplus-value doctrine, the reproduction schemes, the falling real-wage and profit rates, and the trade cycle. The focus is on criticisms that Marx himself might have been expected to face in his day and age. In addition, it offers a chronological study of the evolution of that analysis from the early 1840s through three 'drafts': documents of the late 1840s, the Grundrisse (...) of 1857–1858, and the Economic Manuscripts of 1861–1863. It also provides three studies in application, focusing on Marx's 'evolutionary' orientation in his evaluation of the transition to communism and his rejection of 'egalitarianism' under both capitalist and communist regimes; his evolving perspective on the role of the industrial 'entrepreneur'; and his evolving appreciation of the prospects for welfare reform within capitalism. (shrink)

In response to a mandate conferred on the International Bioethics Committee (IBC) of UNESCO in November 1993, the IBC has drafted a "universal declaration on the human genome and human rights," which will be considered by the General Conference of UNESCO in November 1997. This article discusses the development of the document and provides the text of the "revised preliminary draft" of the declaration.

BackgroundRandomized controlled trials (RCTs) are often complex and expensive to perform. Less than one third achieve planned recruitment targets, follow-up can be labor-intensive, and many have limited real-world generalizability. Designs for RCTs conducted using cohorts and routinely collected health data, including registries, electronic health records, and administrative databases, have been proposed to address these challenges and are being rapidly adopted. These designs, however, are relatively recent innovations, and published RCT reports often do not describe important aspects of their methodology in (...) a standardized way. Our objective is to extend the Consolidated Standards of Reporting Trials (CONSORT) statement with a consensus-driven reporting guideline for RCTs using cohorts and routinely collected health data.MethodsThe development of this CONSORT extension will consist of five phases. Phase 1 (completed) consisted of the project launch, including fundraising, the establishment of a research team, and development of a conceptual framework. In phase 2, a systematic review will be performed to identify publications (1) that describe methods or reporting considerations for RCTs conducted using cohorts and routinely collected health data or (2) that are protocols or report results from such RCTs. An initial “long list” of possible modifications to CONSORT checklist items and possible new items for the reporting guideline will be generated based on the Strengthening the Reporting of Observational Studies in Epidemiology (STROBE) and The REporting of studies Conducted using Observational Routinely-collected health Data (RECORD) statements. Additional possible modifications and new items will be identified based on the results of the systematic review. Phase 3 will consist of a three-round Delphi exercise with methods and content experts to evaluate the “long list” and generate a “short list” of key items. In phase 4, these items will serve as the basis for an in-person consensus meeting to finalize a core set of items to be included in the reporting guideline and checklist. Phase 5 will involve drafting the checklist and elaboration-explanation documents, and dissemination and implementation of the guideline.DiscussionDevelopment of this CONSORT extension will contribute to more transparent reporting of RCTs conducted using cohorts and routinely collected health data. (shrink)

Large Language Models (LLMs) could be a useful tool for lawyers. However, empirical research on their effectiveness in conducting legal tasks is scant. We study securities cases involving cryptocurrencies as one of numerous contexts where AI could support the legal process, studying GPT-3.5’s legal reasoning and ChatGPT’s legal drafting capabilities. We examine whether a) GPT-3.5 can accurately determine which laws are potentially being violated from a fact pattern, and b) whether there is a difference in juror decision-making based on complaints (...) written by a lawyer compared to ChatGPT. We feed fact patterns from real-life cases to GPT-3.5 and evaluate its ability to determine correct potential violations from the scenario and exclude spurious violations. Second, we had mock jurors assess complaints written by ChatGPT and lawyers. GPT-3.5’s legal reasoning skills proved weak, though we expect improvement in future models, particularly given the violations it suggested tended to be correct (it merely missed additional, correct violations). ChatGPT performed better at legal drafting, and jurors’ decisions were not statistically significantly associated with the author of the document upon which they based their decisions. Because GPT-3.5 cannot satisfactorily conduct legal reasoning tasks, it would be unlikely to be able to help lawyers in a meaningful way at this stage. However, ChatGPT’s drafting skills (though, perhaps, still inferior to lawyers) could assist lawyers in providing legal services. Our research is the first to systematically study an LLM’s legal drafting and reasoning capabilities in litigation, as well as in securities law and cryptocurrency-related misconduct. (shrink)

The authoress questions the historiographic dogma that, tracing back to F.W. Maitland, gave the pure «Englishry» of English law for granted, thus building its history on its exceptionality with respect to European tradition, from which it would not have been contaminated at all. The Anglo-Saxon historiographical analysis of the most important English constitutional document aims at answering to the provocative question: how English is Magna Carta? What role did jus commune play in its drafting? What is its relationship with (...) contemporary Roman Canon law? Through the examination of its cultural roots, the essay shows not only the substantial influence of Roman Canon law on Magna Carta, but also, more generally, the affinities and the common elements that characterize in principle the relationship between English juridical tradition and the continental one. (shrink)

This article discusses deontic modality in the context of legal documents and its divergence from the natural, conventional, interpretation. This work demonstrates that the meaning of the performative verb is not purely linguistic. A number of non-linguistic factors cause the variation of meanings of performatives, in this case, when expressing prohibition, permission, recommendation, advice, proposal or request. These factors include: status of the addressee, type of the relationship between the author and the addressee, type of the document, possibility of (...) control and subsequent punishment for the breach of a norm, methodology of legal drafting, traditions of the Russian document processes. There is no direct association between the type of the legal norm and the meaning of the performative. To express its will, a regional law-maker, to a varying degree, uses orders, prohibition and permissions. These are dictated by the type of the document. (shrink)

The archive of Gustav Shpet contains scattered preparatory materials for his works. Some of these handwritten rough drafts are devoted to Immanuel Kant. These jottings enable us to take a new look at possible trajectories of philosophical anthropology. The main goal of this article is to show, on the one hand, the modern relevance of Kant’s reflections on the essence of the human being and, on the other hand, the productiveness of their critical reinterpretation by Shpet. In effect, Kant’s reflections (...) give us an insight into the sources of the current anthropological crisis when “the free man”, capable of creating himself, has finally detached himself from his nature (i.e. accomplished what Kant believed to be the foundation of anthropology). Shpet’s critique enables us to outline the contours of a positive way out of today’s critical situation. To implement this task, the authors carry out a historical-philosophical analysis of Shpet’s treatment of the question of philosophical anthropology. This is a new approach both for Shpet scholarship and for the Russian philosophical tradition, an approach that opens up a new path to overcome the crisis and, what is more, a path that is ecologically significant. This gives us all the more reason to try to find the critical points of anthropologism (easy enough if we turn to Shpet’s article “The Anthropologism of Lavrov in Light of the History of Philosophy”). It also encourages us to reinterpret in an anthropological context Shpet’s reflections on the human being and humanness (see the article “Wisdom or Reason?”). The Supplement contains the first ever publication of a historical document, a letter Shpet received from the German embassy in 1924, inviting him to Königsberg for the celebration of the 200th anniversary of Kant’s birth and a programm of the event with the names of speakers and the topics of their presentations. (shrink)

Purpose The paper aims to analyze the content of the newly published National AI Ethics Guideline in Thailand. Thailand’s ongoing political struggles and transformation has made it a good case to see how a policy document such as a guideline in AI ethics becomes part of the transformations. Looking at how the two are interrelated will help illuminate the political and cultural dynamics of Thailand as well as how governance of ethics itself is conceptualized. Design/methodology/approach The author looks at (...) the history of how the National AI Ethics Guidelines came to be and interprets its content, situating the Guideline within the contemporary history of the country as well as comparing the Guideline with some of the leading existing guidelines. Findings It is found that the Guideline represents an ambivalent and paradoxical nature that characterizes Thailand’s attempt at modernization. On the one hand, there is a desire to join the ranks of the more advanced economies, but, on the other hand, there is also a strong desire to maintain its own traditional values. Thailand has not been successful in resolving this tension yet, and this lack of success is shown in the way that content of the AI Ethics Guideline is presented. Practical implications The findings of the paper could be useful for further attempts in drafting and revising AI ethics guidelines in the future. Originality/value The paper represents the first attempt, so far as the author is aware, to analyze the content of the Thai AI Ethics Guideline critically. (shrink)

In the 225 years since the United States Constitution was first drafted, no single book has addressed the key questions of what constitutions are designed to do, how they are structured, and why they matter. In From Words to Worlds, constitutional scholar Beau Breslin corrects this glaring oversight, singling out the essential functions that a modern, written constitution must incorporate in order to serve as a nation's fundamental law. Breslin lays out and explains the basic functions of a modern constitution (...) -- including creating a new citizenry, structuring the institutions of government, regulating conflict between layers and branches of government, and limiting the power of the sovereign. He also moves into the esoteric, discussing the theoretical concepts behind the fundamentals of written constitutions and examining in-depth some of the most important constitutional charters from around the world. In assaying how states put the structural ideas into practice, Breslin asks probing questions about why -- and if -- constitutions matter. His answer is a resounding yes. Solidly argued and engagingly written, this comparative study in constitutional thought demonstrates clearly the key components that a state's foundational document must address. In doing so, Breslin draws a critically important distinction between constitutional texts and constitutional practice. (shrink)

The Universal Declaration on Bioethics and Human Rights adopted by the United Nations Educational, Scientific, and Cultural Organisation on 19 October 2005 is an important step in the search for global minimum standards in biomedical research and clinical practice. As a member of UNESCO International Bioethics Committee, I participated in the drafting of this document. Drawing on this experience, the principal features of the Declaration are outlined, before responding to two general charges that have been levelled at UNESCO’s bioethical (...) activities and at this particular document, are outlined. One criticism is to the effect that UNESCO is exceeding its mandate by drafting such bioethical instruments—in particular, the charge is that it is trespassing on a topic that lies in the responsibility of the World Health Organization. The second criticism is that UNESCO’s reliance on international human rights norms is inappropriate. (shrink)

This article focuses on whether a certain form of consent used by biobanks – open consent – is compatible with the Proposed Data Protection Regulation. In an open consent procedure, the biobank requests consent once from the data subject for all future research uses of genetic material and data. However, as biobanks process personal data, they must comply with data protection law. Data protection law is currently undergoing reform. The Proposed Data Protection Regulation is the culmination of this reform and, (...) if voted into law, will constitute a new legal framework for biobanking. The Regulation puts strict conditions on consent – in particular relating to information which must be given to the data subject. It seems clear that open consent cannot meet these requirements. 4 categories of information cannot be provided with adequate specificity: purpose, recipient, possible third country transfers, data collected. However, whilst open consent cannot meet the formal requirements laid out by the Regulation, this is not to say that these requirements are substantially undebateable. Two arguments could be put forward suggesting the applicable consent requirements should be rethought. First, from policy documents regarding the drafting process, it seems that the informational requirements in the Regulation are so strict in order to protect the data subject from risks inherent in the use of the consent mechanism in a certain context – exemplified by the online context. There are substantial differences between this context and the biobanking context. Arguably, a consent transaction in the biobanking does not present the same type of risk to the data subject. If the risks are different, then perhaps there are also grounds for a reconsideration of consent requirements? Second, an argument can be made that the legislator drafted the Regulation based on certain assumptions as to the nature of ‘data’. The authors argue that these assumptions are difficult to apply to genetic data and accordingly a different approach to consent might be preferable. Such an approach might be more open consent friendly. (shrink)

The executive board of the Academy for Ethics in Medicine and two AEM working groups formulated standards and recommendations for clinical ethics consultation in 2010, 2011, and 2013. These guidelines comply with the international standards like those set by the American Society for Bioethics and Humanities. There is no empirical data available yet that could indicate whether these standards and recommendations have been implemented in German hospitals. This desideratum is addressed in the present study. We contacted 1.858 German hospitals between (...) September 2013 and January 2014. A follow-up survey was conducted between October 2014 and January 2015. The data of the initial survey and the follow-up survey were merged and evaluated. The statements of the participants were compared with the standards and recommendations. The standards of the AEM concerning the tasks of clinical ethics consultation are employed by a majority of participants of the study. Almost all of these participants document their consultation activities by means of protocols or entries in the patient file. There are deviations from the recommendations of the AEM working groups regarding the drafting of statutes, activity reports, and financial support. The activities of clinical ethics consultation predominantly comply with the standards of the AEM and recommendations for the documentation. The recommendations for evaluation should be improved in practice. This applies particularly for activity reports in order to evaluate the activities. Internal evaluation could take place accordingly. (shrink)

Limits of the Conversation about Forms. Types of Knowledge and Necessity of Forms in Plato's "Parmenides". - Forms (ideas) are among the things that Plato is serious about. But about these things he says in his "Seventh Letter": "There neither is nor ever will be a treatise of mine on the subject." (341c, transl. J. Harward). Plato's statement suggests the question, why one does not and never can do justice to the Platonic forms by means of a written text about (...) the forms. Another big question of Plato research is whether the conversations documented in the Platonic dialogues are also affected by this verdict. This paper aims to provide, as far as possible, newly substantiated answers to these two questions. To this end, the systematic limits of the discussion about forms, which are particularly evident in Plato's dialogue "Parmenides", are examined in eight steps: First, two types of knowledge are presented that play an important systematic role in Plato's philosophy with regard to the limits of conversation: knowledge-how (practical knowledge) and knowledge-that (propositional knowledge) (I). Then the Socratic model of these two types of knowledge is interpreted, which is drafted in the tenth book of the "Republic". This model uses the example of bridle, bridlemaker and rider to explain the primacy of practical knowledge and the limits of propositional knowledge (II). Subsequently, it will be shown how the dialogues "Republic" and "Parmenides" are connected with each other in content and form (III). The gradation of the two types of knowledge, which is indicated by the motifs of the bridle and the horse on the image level of the "Parmenides", proves to be the structure that systematically underlies the structure of the entire dialogue (IV). It also makes clear why the conversation about the forms in the first part of the "Parmenides" has to fail (V). The assumption that the two parts of the "Parmenides" express two different types of knowledge in dealing with forms is supported by the results of a logical analysis of the last defence of the acceptance of forms (135b-c). This analysis shows why, for reasons of principle, it is impossible to speak adequately about forms (VI). Forms have the function of being presuppositions of 'talking about something'. Thus forms are always presupposed in conversation when one talks about them, and thus elude appropriate discussion in conversation (VII). That this is not only a methodical insight of the Platonic Parmenides, but can also be attributed to Plato himself, is demonstrated by the concluding reinterpretation of the central sentence of the critique of writing in Plato's "Seventh Letter". It will become apparent that, contrary to the now widespread view of the representatives of the Tübingen school, philosophical and also good philological reasons speak for the fact that Plato related his criticism only to the communicability of forms through treatises, i.e. tract-like writings (VIII). (shrink)

More than 25 years into the HIV epidemic, in excess of 2 million new infections continue to occur each year. HIV prevention research is crucial for groups at heightened risk for HIV, but the design and conduct of HIV prevention research with vulnerable populations worldwide raises considerable ethical challenges. The HIV Prevention Trials Network (HPTN) is a global collaborative network that conducts clinical and behavioural studies on non-vaccine interventions to reduce the transmission of HIV. In 2003, the HPTN developed ethical (...) guidance to enhance the responsible conduct of its research activities and as a distinctive contribution to global research ethics. In what follows, the developments that motivated the drafting of a revised ethics document in 2009 are described, including the process by which that revision took place and some of the key differences between the HPTN ethics guidance and other relevant guidelines in the field. (shrink)

In the Dreams of a Spirit-Seer, Elucidated by Dreams of Metaphysics (1766), Kant remarks that Stahl, with his admission of immaterial forces for the explanation of organisms, was “closer to the truth than Hoffmann and Boerhaave, to name but a few,” although the latter adopted a “more philosophical method.” This puzzling statement is very significant for the understanding of Kant’s reception of animism, as it documents Kant’s reaction to the issues raised by the Leibniz-Stahl controversy and his striking preference for (...) Stahl’s nonmechanistic account of organisms. Kant agrees with Stahl that organisms suggest the existence of immaterial thinking beings, but at the same time, the example of this speculative hypothesis leads him to question the explanatory power of metaphysical hypotheses in natural philosophy in general, as well as the possibility of empirically distinguishing among different hypotheses, such as monadology, materialism, and hylozoism. After the analysis of Kant’s skeptical conclusions in the Dreams of a Spirit-Seer, I discuss how this earlier connection of medicine, life sciences, and metaphysics leaves traces in Kant’s later work, by analyzing Kant’s discussion of Samuel Sömmering’s claim that matter “can be animated” in On the Organ of the Soul (1796) and the preliminary drafts for this essay. (shrink)

Following considerable debate, the practice of euthanasia was legalized in Belgium in 2002, thereby making Belgium one of the few places in the world where this practice is legal. In 2014 the law was amended for the first time. The 2014 amendment makes euthanasia legally possible for all minors who repeatedly and voluntarily request euthanasia and who are judged to possess “capacity of discernment”, as well as fulfil a number of other criteria of due care. This extension of the 2002 (...) euthanasia law generated a lot of national and international debate and has been applauded by many and heavily criticized by others. This evolution is clearly of interest to end-of-life debates in the entire world. This paper will therefore describe how this amendment came to get passed using official documents from Belgium's Senate and Chamber of Representatives where this amendment was discussed and subsequently passed. Next, some of the most commonly given arguments in favour of the law are identified, as well as the arguments most often voiced against the amendment. All these arguments will be expanded upon and it will be examined whether they hold up to ethical scrutiny. Analysing the official documents and identifying the most commonly voiced arguments gives valuable insight into how Belgium came to amend its euthanasia law and why it did so in 2014. It also becomes clear that although the current amendment is often seen as far-reaching, more radical ideas were proposed during the drafting of the law. Also, in analysing those arguments in favour of the amendment and those against, it is clear that the validity of some of these is questionable. (shrink)

The reliability of clinical practice guidelines has been disputed because guideline panel members are often burdened with financial conflicts of interest. Current recommendations for COI regulation advise not only detailed declaration but also active management of conflicts. To continuously assess COI declaration and management in German guidelines we established the public database LeitlinienWatch. We analyzed all German guidelines at the highest methodological level that included recommendations for pharmacological therapy according to five criteria: declaration and assessment of COI, composition of the (...) guideline development group, independence of the coordinators and lead authors, imposed abstentions because of COI and public external review. Each criterion was assessed using predefined outcome categories. Most guidelines contained a detailed declaration of COI. However, none of the guidelines provided full transparency of COI assessment results. The guideline group was composed of a majority of participants with COI in 55% of the guidelines, no guideline was free of participants with COI. Only 9% of guidelines had coordinators and lead authors without any financial COI. Most guidelines did not provide a rule for abstentions for participants with COI. In 21% of guidelines there was a rule, but abstentions were either not practiced or not documented, whereas in 7% partial abstentions and in 2% complete abstentions were documented. Two thirds of the guideline drafts were not externally reviewed via a public website. COI are usually documented in detail in German guidelines of the highest methodological level. However, considerable improvement is needed regarding active management of COI, including recruitment of independent experts for guideline projects, abstention from voting for participants with COI and external review of the guideline draft. We assume that the publicly available ratings on GuidelineWatch will improve the handling of conflicts of interest in guideline development. (shrink)

Medical ghostwriting is the practice in which pharmaceutical companies engage an outside writer to draft a manuscript submitted for publication in the names of “honorary authors,” typically academic key opinion leaders. Using newly-posted documents from paroxetine litigation, we show how the use of ghostwriters and key opinion leaders contributed to the publication of a medical journal article containing manipulated outcome data to favor the proprietary medication. The article was ghostwritten and managed by SmithKline Beecham, now GlaxoSmithKline (GSK) and Scientific Therapeutics (...) Information, Inc. without acknowledging their contribution in the published article. The named authors with financial ties to GSK, had little or no direct involvement in the paroxetine 352 bipolar trial results and most had not reviewed any of the manuscript drafts. The manuscript was originally rejected by peer review; however, its ultimate acceptance to the American Journal of Psychiatry was facilitated by the journal editor who also had financial ties to GSK. Thus, GSK was able to take an under-powered and non-informative trial with negative results and present it as a positive marketing vehicle for off-label promotion of paroxetine for bipolar depression. In addition to the commercial spin of paroxetine efficacy, important protocol-designated safety data were unreported that may have shown paroxetine to produce potentially harmful adverse events. (shrink)

Artificial Intelligence (AI) applied to the legal domain is gaining ground. AI is argued to be particularly helpful with labour-intensive activities and repetitive tasks. Amongst the various AI solutions, ChatGPT has gathered momentum and its acclaimed advantages are, amongst others, document generation and contract review. This paper wishes to assess the effectiveness of two chatbots in contract drafting. To this aim, ChatGPT (by OpenAI) and Gemini (by Google) are prompted to write two supply contracts each, the first one written (...) in English according to the laws of England and Wales, and the other one still written in English, but according to the laws of the Republic of Italy. The paper finds that each contract pair generated by the AI solutions is identical, thus disregarding legal-system specificities and language conventions. Therefore, the drafts present a number of fallacies, either because they are incomplete, or because they include clauses that are redundant or inapplicable in a given legal system. The paper claims that human intervention and supervision are necessary to tackle the shortcomings generated by AI, at least as far as contract generation is concerned and with regard to the two chatbots addressed. (shrink)

The resolution of the UN was adopted on 10 December in 1948(A/RES/217). The research’ route of the article analyses the historical conditions where the UDHR was drafted. And intends to analyse and to debate if the political speech that crossed the cold war and emerged again, in the context of geostrategy conflicts, respects the substance of the original document. This research pathway determines and debate five fundamental questions: The connection between the articles of UDHR agreement and labour rights, economic (...) democracy, and, on the other hand, political liberty, the right of nations to decide from themselves and the imperative of universal peace. If the articles of UDHR are compatible or not with the political nature and evolution of liberal democracies and socialist regimes. If propaganda of the Cold War and the geopolitical confrontation, they subvert and distort the principles of the original UN Human Rights or defend those principles. If people around the world really know and are conscientious of UDHR principles and articles, or those propaganda created a phenomenon of global alienation. At last, what means a new generation of human rights. That methodology will be supported by the case study of the United States of America and People Republic of China. Keywords: origen and historical context of UDRH, J. P. Humphrey, P.C. Chang, Eleanor Roosevelt, UDHR, preamble and 30 articles, China and UDHR, clean, healthy, sustainable environment as human righ. (shrink)

En 1968 ocurrieron dos hechos sobre los cuales cabe hacer una reflexión orientada por la bioética: la llamada Revolución del 68 y la aparición de la Carta encíclica Humanae Vitae. El Concilio Vaticano II, que fue presentado como una actualización de la Iglesia católica al mundo moderno, fue el escenario de los estudios previos a la redacción del documento pontificio, donde Pablo VI dejó clara la postura del Magisterio de la Iglesia sobre la moral sexual y anticipa los errores prácticos (...) que se seguirían a planteamientos conceptuales antropológicos erróneos o equivocados sobre esa temática. Hay necesidad de rehabilitar la Humanae vitae para volver a percibir el acto conyugal en su “verdad inalterable”, donde no se puede separar el bien y la belleza de la donación mutua de los cónyuges, que redunda en el bien común de la sociedad para defender su célula básica y nuclear que es la familia. In 1968, two events occurred on which it is worth reflecting on bioethics: the so-called Revolution of 1968 and the appearance of the Encyclical Letter Humanae Vitae. The Second Vatican Council, which was presented as an update of the Catholic Church to the modern world, was the scene of the studies prior to the drafting of the pontifical document, where Paul VI made clear the position of the Magisterium of the Church on sexual morality and it anticipates the practical errors that would follow erroneous or mistaken anthropological conceptual approaches on this subject. There is a need to rehabilitate Humanae vitae in order to re-perceive the conjugal act in its "unalterable truth", where good and beauty cannot be separated from the mutual donation of the spouses, which results in the common good of society to defend its basic and nuclear cell which is the family. (shrink)

The emergence of H1N1 in 2009 shows that it is a mistake to regard the scenario of having to implement pandemic plans as merely hypothetical. This recent experience provides an opportunity to inquire into the current state of pandemic preparedness plans with regard to their ethical adequacy. One aspect that deserves consideration in this context is the disclosure of ethical reasoning. Accordingly, the following is an analysis of examples of pandemic plans and drafts of plans from Southeast Asia and the (...) Western Pacific. It is an analysis of the occurrence of explicit ethical reflection in these documents as well an inquiry into the related question of how ethical reflection can be understood as a constitutive element of ethical pandemic preparedness.In the analysis, different fields of ethical consideration concerning equity, personal rights and accountability are distinguished. There are both pragmatic and genuinely ethical reasons to explicitly address issues of these types in pandemic plans. The extent to which ethical language appears in the national plans in South East Asia and the Western Pacific suggests that there is limited awareness of ethical considerations, or at least insufficient ethical substantiation of pandemic action. The aim of the analysis is to show that further inclusion of ethical considerations into pandemic plans is ethically demanded. It is of particular significance that these considerations are formulated and remain discernible as instances of ethical deliberation. (shrink)

This essay finds its departure point in a title page that Aby Warburg (1866 – 1929) drafted for his lecture on the Pueblo Indians. Through the labyrinthine thought pathways evidenced by this much-amended and overwritten typescript, it explores the relation between reason and mania in Warburg's thought specifically and in humanistic scholarship more generally. Composed in 1923 while Warburg was committed to the Bellevue mental sanatorium in Kreuzlingen, Switzerland, the title page, and the lecture that it attempts to name, belong (...) to their author's profound and influential meditations on the defensive function of rituals and symbols. More practically, the lecture was intended, by its successful drafting and delivery before an audience of inmates, doctors, and professional colleagues, to prove Warburg's sanity and secure his release. Through an investigation of the outbreak and symptoms of Warburg's psychosis, which uncannily prefigure real historical terrors, this article represents the lecture as (in Warburg's words) a powerful “seismograph” of the European soul. Placing us at Warburg's writing desk at the pivotal moment of the author's cure-by-writing, the title page also illuminates the legacy of Warburg's Library, today at the core of the Warburg Institute in London, since the crisis that the page documents — larger than Warburg's personal one — still lies at the heart of humanistic scholarship as it attempts to grasp the essence of what it means to be human. (shrink)

This article argues that a manuscript dated to the summer of 1927 by the editors of Bohr’s Collected Works was written a year earlier. The re-dating allows the conclusion that Bohr was well on his way to complementarity before his famous fight with Heisenberg over the uncertainty principle early in 1927. The literature that assumes that complementarity was Bohr’s response to Heisenberg is therefore in error. The editors of the Collected Works assigned the document the date of 1927 because (...) it refers to electron-diffraction experiments by Davisson and Germer, which were published in 1927. But as the article points out, Bohr and other leading physicists such as Max Born met Davisson in Britain in 1926 and discussed the experiments with him then. That demolished the basis of the earlier dating. Finally, the article argues that when the document takes its place between the Bohr–Kramers–Slater theory (1924) and the 1927 drafts of complementarity, everything falls neatly into place. (shrink)

Resumen Ésta es la primera traducción al español de las guías “Atención después de la investigación: un marco para los comités de ética de investigación del National Health Service (NHS) (borrador versión 8.0)”. El documento afirma que existe una fuerte obligación moral de garantizar que los participantes enfermos de un estudio clínico hagan una transición después del estudio hacia una atención de la salud apropiada. Con “atención de la salud apropiada” se hace referencia al acceso para los participantes a la (...) atención de la salud, proporcionada principalmente por el National Health Service (en adelante NHS), el sistema de salud del Reino Unido, y/o a la intervención en estudio, también llamada producto o tratamiento en investigación. Las guías “Atención después de la investigación” están dirigidas principalmente a los miembros de los 79 comités de ética de investigación del NHS y a quienes presentan sus estudios de investigación ante estos comités. Se trata de un documento borrador muy avanzado, trabajado en numerosas reuniones, durante más de 3 años, que ha sido discutido por participantes de estudios y miembros de la comunidad, miembros y presidentes de comités de ética de investigación del Reino Unido, especialistas internacionales en ética de la investigación, representantes de la industria y otras partes interesadas. La redacción de las guías es producto de la colaboración de Neema Sofaer y Penney Lewis, ambas investigadoras del King’s College London, en el Centre of Medical Law and Ethics del Dickson Poon School of Law, y Hugh Davies, Asesor en Ética de la Investigación de la Health Research Authority (HRA) del NHS. El traductor del presente documento, Ignacio Mastroleo, participó del workshop en la Fundación Brocher (Ginebra, Suiza, diciembre de 2011) donde se revisó el borrador versión 7.0 y contribuyó en la revisión del borrador de la versión 8.0 durante el 2012. -/- Abstract This is the first Spanish translation of the guidelines “Care after research: a framework for NHS RECs (8th draft)”. The document states that there is a strong moral obligation to ensure that participants in a clinical study who are ill transition after the study to appropriate healthcare. The terms "appropriate healthcare" refer to participants’ access to health care, mainly provided by the National Health Service (NHS), the health system in the UK, and/or to the intervention study also named investigational treatment or product. The guides "Care after research" are mainly directed to members of the 79 NHS committees of research ethics (RECs) and to those who submit their research to these committees. This is a very advanced draft document, worked in several meetings, for more than three years, that has been discussed with study participants and community members, members and chairs of RECs in the UK, international specialists in research ethics, industry representatives and other stakeholders. The drafting of the guidelines is the result of the collaboration of Neema Sofaer and Penney Lewis, both researchers at King's College London, at the Centre of Medical Law and Ethics of Dickson Poon School of Law, and Hugh Davies, Research Ethics Advisor of the Health Research Authority (HRA) of the NHS. The translator of this document, Ignacio Mastroleo, attended the workshop at the Brocher Foundation (Geneva, Switzerland, December 2011) where draft version 7.0 was revised and contributed in the revision of draft version 8.0 during 2012. (shrink)

The present article explores the historical sections of Grotius's De iure praedae Commentarius bearing the following fundamental but very important questions in mind: What did Grotius actually know about the Portuguese Estado da Índia at the time of drafting the treatise between 1604 and 1606/8? What did he know about the Luso-Asian trading regime or Asian trading practices at large? Using the published correspondence of Grotius, archival documentation, manuscript fragments as well as unpublished reading notes and drafts, a case will (...) be made that he had in fact few sources at his fingertips. This insight serves fundamentally to refute older assumptions, expounded notably by Robert Fruin and C.H. Alexandrowicz, that the young Grotius conducted independent research in the VOC company archives, or had immersed himself with Asian maritime codes or commercial practices. (shrink)

Background and Aims The study of intraspecific trait variation (ITV) in plants has a long history, dating back to the fourth century BC. Its existence was widely acknowledged by the end of the 18th century, although systematic and experimental studies commenced only a century later. However, the historiography of ITV has many gaps, especially with regard to early observations and visual documents. This note identifies an early depiction of plant ITV. -/- Methods The botanical works of Johann Wolfgang von Goethe (...) (1749–1832), a German writer and naturalist, were subjected to close reading. This included all publications and unpublished sources related to botany between 1785 and 1832 (e.g. notes, drafts, diaries, letters, drawings). This material is accessible in the multi-volume historical-critical edition of Goethe’s studies in natural science (Leopoldina-Ausgabe). -/- Key Results A diary entry from 9 September 1786 described changes in leaf morphology along an elevation gradient in the Bavarian Alps. The leaves of an unidentified species of willow (Spix sp.) and gentian (Gentiana sp.) were said to become narrower with increasing elevation; leaves also stood further apart on twigs, and the latter became thinner. A crude drawing of two willow twigs illustrated the differences. Goethe conjectured that the differences were due to environmental conditions. -/- Conclusions Goethe’s notes were anecdotal, and it is unclear whether the observed plant individuals actually belonged to the same species. Nevertheless, the notes represent an early and clear articulation of the hypothesis that changes in environmental conditions can cause ITV in a natural plant population. The drawing may be the earliest visual record of environmentally caused plant ITV in the wild. (shrink)

Human rights legislation pertaining to applications of human genetic science is still lacking at an international level. Three international human rights documents now serve as guidelines for countries wishing to develop such legislation. These were drafted and adopted by the United Nations Educational, Scientific and Cultural Organization, the Human Genome Organization, and the Council of Europe. It is critically important that the international nursing community makes known its philosophy and practice-based knowledge relating to ethics and human rights, and contributes to (...) the globalization of genetics. Nurses have particular expertise because they serve in a unique role at grass roots level to mediate between genetic science and its application to public health policies and medical interventions. As a result, nurses worldwide need to focus a constant eye on human rights ideals and interpret these within social, cultural, economic and political contexts at national and local levels. The purpose of this article is to clarify and legitimate the need for an international declaration on nursing, human rights, human genetics and public health policy. Because nurses around the world are the professional workforce by which genetic health care services and genetic research protocols will be delivered in the twenty-first century, members of the discipline of nursing need to think globally while acting locally. Above all other disciplines involved in genetics, nursing is in a good position to articulate an expanded theory of ethics beyond the principled approach of biomedical ethics. Nursing is sensitive to cultural diversity and community values; it is sympathetic to and can introduce an ethic of caring and relational ethics that listen to and accommodate the needs of local people and their requirements for public health. (shrink)

The 1960s was a decade dedicated to experimentation within the Kennedy and Johnson administrations. Americans witnessed many significant changes and advancements in those ten short years, including the first man on the moon, a war in Vietnam, and successes in the automobile industry. Probably the most important of these changes was the War on Poverty, introduced by John Fitzgerald Kennedy and continued by Lyndon Baines Johnson and subsequent administrations. This paper examines the creation of a new class of reliance on (...) government handouts, as well as a misallocation of resources.Poverty was a well-known tragedy in third world countries. It was hard to believe that the United States, a leading nation of the world, was hit just as badly as those other countries. In fact, many Americans denied the problem for fear of the reaction from the rest of the world. In reality, though, many American families were struggling every day to provide food, shelter, and education for their children. Once this devastating misfortune was acknowledged, Kennedy dedicated his 1960 campaign to the New Frontier, which would encourage Americans to regain faith in their country by implementing programs to eradicate poverty. To succeed, Kennedy knew that the key to recovery centered on education. Improved education would provide the youth with better job opportunities, which would increase productivity, and therefore decrease poverty. Unfortunately, Kennedy was unable to follow through with his plans. After he was assassinated, Johnson took office ready to expand on Kennedy’s drafted plan. He wanted to look at poverty in a more positive way, as an opportunity to effectively change society. Continuing with Kennedy’s ideas, Johnson felt this change would best be accomplished through publics works programs. In his State of the Union Address, Johnson declared a “war on poverty” in which he would provide Americans with the tools needed to escape the world of poverty and make a living for themselves.Under the provision of the Office of Economic Opportunity, created specifically to abolish poverty, programs were created to begin the process of recovery. Community action programs, the Jobs Corps, and Head Start are just three programs put into action to improve the status of the poor. Job training and education were the main functions of these programs, but the effectiveness is heavily debated amongst historians.Though many claim that the War on Poverty was indeed successful, evidence shows otherwise. In viewing statistics from Congressional Records and other government documents, it is clear that the short-term effects were not worth the long-term consequences, and had the problem of poverty been left to the natural market, the issue would have been solved much more sufficiently. (shrink)

The political independence of the United States of America was proclaimed in a Declaration of Independence by the Second Continental Congress, in Philadelphia, on July 4, 1776. Thomas Jefferson drafted the document, and the changes made in the text reflected the struggle among different factions in the revolutionary camp. Jefferson's initial version was fundamentally retained, however; and that is precisely what makes the Declaration of Independence not merely a legal document but a vivid example of a bourgeois revolutionary (...) program expressing in concentrated form the ideology of the radical wing of the American Enlightenment. The form of the Declaration was an address to world public opinion explaining the causes and bases for the decisive political break of the 13 British colonies with the home country. In fact it provided a general philosophical justification for the validity of revolutionary change in the social order by the people. The Declaration became the legal ground for the American system of government, sanctioning its independence and serving as the basis for the documents of a constitutional nature that followed. The treatment of the nature of man and his rights is the most important feature of the revolutionary conclusions of the Declaration. (shrink)

In July 1907 the Holy Office issued the decree „Lamentabili“, which has been regarded as the first important formulation of the antimodernism prevalent under Pope Pius X. This essay offers the first reconstruction of the internal history of „Lamentabili“ as a document, based on the archival material in the Roman Congregation for the Doctrine of the Faith. The history behind Lamentabili goes back to the censuring of Loisy's main works in 1903. The long and difficult process of drafting and (...) discussing the propositions of „Lamentabili“ reveals divergent opinions about Loisy and the entire „modernist“ problem within the Holy Office. Lamentabili bears traces of attenuation and compromise, and it seems probable that the necessity of drafting the papal Encylica „Pascendi“ against the errors of the „Modernists“ sprang from the dissatisfaction of leading antimodernists with the formalized and tedious process of conducting discussions within the Roman Inquisition. (shrink)

In 1677, France took the slave trading island of Gorée located off the coast of Senegal from the Dutch and, less than a decade later, drafted Le Code Noir to formally provide regulations for slave owning practices. This document—created in response to the rapid expansion of the slave economy in French Caribbean possessions made possible by France's position in West Africa—marked the beginning of French involvement in the slave trade. The comparison of French travel narratives written before and after (...) Le Code Noir, shows that, although the descriptions of Sub-Saharan Africa tended to be universally derogatory and Eurocentric, it was not until France became deeply involved in the slave trade that the specific characterization of Africans as lazy emerged. By correlating published descriptions of African laziness with France's growing participation in the slave trade, this paper argues that these portrayals were used to justify slavery to a French public far removed from Africa, Africans, and the ugly realities of the slave trade. (shrink)

The opening of the archives for the pontificate of Pius XII makes it possible to see the history of the drafting of the encyclical _Humani generis_, the first document in which the universal magisterium of the Catholic Church addressed the question of evolution. Although its acknowledgment that the question of the evolutionary origin of the human body was, provisionally, theologically open generated no controversy at the drafting commission, the definitiveness of its reservations about monophyletic polygenism generated a disagreement resolved (...) only by Pope Pius. An incident in 1955 reinforces these conclusions about the proper interpretation of the encyclical. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Lorenzo Valla’s Oratio on the Pseudo-Donation of Constantine: Dissent and Innovation in Early Renaissance HumanismSalvatore I. CamporealeWhy did I write about the Donation of Constantine?... Bear one thing in mind. I was not moved by hatred of the Pope, but acted for the sake of the truth, of religion, and also of a certain renown—to show that I alone knew what no one else knew.Valla to Cardinal Trevisan, 1443. (...) 1Lorenzo Valla’s well known work, the Oration on the Falsely-Believed and Forged Donation of Constantine, was written by the humanist in the year 1440. It was occasioned by the strife between Pope Eugenius IV and Alfonso of Aragon over the Kingdom of Naples. Valla wrote in favor of the Ara-gonese claim, arguing against pretensions of the Papacy to determine who should rule Naples that were based on the pseudo-Constantinian Donation. 2 [End Page 9]The Donation of Constantine: History and ForgeryAs is now well known, the Constitutum Constantini was a forgery that probably originated in the papal Curia in the eighth century. Subsequently it was often contested by the anti-papal Germanic Imperial tradition. The Constitutum portrayed the popes as assuming the role of the Emperor in the western part of the Empire as a result of the “donation” made by Constantine to the “Roman Pontiff and his successors.” The Donation was said to have taken place at a time subsequent to Constantine’s seizure of the city of Rome with the victory at the Milvian Bridge in a.d. 312, and immediately after his “conversion” to the Christian faith and his “reception of baptism” by the bishop of Rome, Pope (“Saint”) Sylvester.The Constitutum presents itself as an imperial decree, drafted and signed by Constantine himself, dated in Rome with an ambiguous formulation which could indicate the year 315 or 317 or even 330. The most significant and comprehensive passage of the entire document reads as follows:In order that the supreme pontificate may not deteriorate, but may rather be adorned with glory and power even greater than the dignity of earthly rule, behold, we give over and relinquish to the aforesaid our most blessed Pontiff, Sylvester, the universal Pope, our palace, as has been said, and also the city of Rome, and all the provinces, places and cities of Italy and the western regions, and we decree by this our godlike and pragmatic sanction that they are to be controlled by him and by his successors, and we grant that they shall remain under the law of the Holy Roman Church. 3The forgery was based an on older fictional source, the Legenda Sylvestri. It was later (at least as maintained first by Nicholas of Cusa, then by Valla) introduced by the canonist Paucapalea (Gratian’s disciple and collaborator) into the collection of canon law that had been made by Gratian, the Concordantia discordantium canonum, or Decretum (c. 1140). 4 Assertions that the Constitutum derived from the Legenda and that it was a later [End Page 10] insertion into the Concordantia represent discrete stages of Valla’s philological procedure. In fact Valla’s argumentation evolves in a kind of concentric movement. After discussing the hagiographic “fiction” of the Legenda, he treats the canonical “inauthenticity” of the Constitutum as a later insertion into the Concordantia. Then Valla returns to the notion that it was “made up” or “fictional” when he declares the Constitutum a juridical “forgery.” 5Valla’s Methodology and Argumentative ProcedureThe Oratio—this was how Valla titled his work—is a confutative discourse, rhetorically structured in the epideictic mode, although particular passages also assume forensic and deliberative modes. The oration was written in accordance with rhetorical norms for investigation and argumentation that Valla had learned from and elaborated on the Institutio oratoria of Quintilian, the writer Valla considered preeminent in the rhetorical tradition. 6“This speech of mine,” Valla emphasizes, is a speech intended for and offered to the universal assembly of Christendom. Although directly addressing the Papacy and in particular the ruling pope, Eugenius IV, the “oration” is conceived as though delivered in the presence of both the ecclesiastical hierarchy and civil authorities (“quasi... (shrink)