Abortion is permitted in many jurisdictions after the age at which an infant is viable on the basis of intensive neonatal care techniques. Does this cause special concerns for those involved in perinatal care and termination of pregnancy services or is the overlap mainly an abstract issue fretted over by ethicists and academics? In order to explore this question, a group of clinicians involved in this area of care were interviewed and their interviews analysed using qualitative measures. The clinicians (...) concerned were exercised by the ethical issues and had various ways of resolving them which tended to reflect a gradualist, multifaceted and, to some extent, particularist approach to ethical decision-making in relation to the edges of human life. The ways in which those strands of ethical thought are instanced in the interview material are reported and discussed. (shrink)

The author argues that the free society should not be seen as a hierarchy of superior and subordinate authorities but an archipelago of competing and overlapping jurisdictions. Kukathas has produced the book that no one with an interest in multiculturalism can afford to ignore.

This essay connects Benedict Anderson’s analysis of print capitalism as the enabling feature of modernity for the emergence of nationalism with an account of pre-modern sacral imaginings. It argues, following Bronislaw Szerszynski, that the contemporary post-modern ordering of the sacred vis-à-vis nature and culture designates a ‘partial-return’ to pre-modern imaginings and a reterritorialisation of religions which engenders emerging multiplicities and co-existing differences. It argues furthermore that the nation state, an institution of modernity cannot adequately respond to the antagonisms generated by (...) the post-modern ordering of human communities and their identities. However, though this new ordering may be conceived, following Robert Bellah, as neo-archaic, it may also be conceived as neo-medieval. Accordingly, this essay proposes that the most congenial configuration to the post-modern ordering is the neo-medieval model of fuzzy borders and overlapping jurisdiction, particularly as it pertains to Albanian national identity and EU integration as a post-secular alternative to secular national-determination on the one hand, and neo-Ottomanist theocracy on the other. (shrink)

James Tully sees the emergence of modern constitutionalism as the intellectual legacy of writers such as Hobbes, Bodin and Locke. For Tully, modern constitutionalism not only centralizes authority, it also excludes diversity. Tully’s work represents a significant part of the growing antipathy towards uniformity and the universalising tendencies of the modern organization, which, he believes, underwrite a loss of local empowerment. In this respect his thinking and that of the communitarians is consistent with contemporary disenchantment with, not to mention resistance (...) to globalization. Globalization, or the tendency to inter‐national uniformity in culture and increasing integration into a global system of economics and power, appears to promote an analogous universalising conformity across borders, while centralizing economic if not political power and control in certain trans‐national corporations. Hernando de Soto, the Peruvian economist, gives us a very different perspective on the motley of overlapping jurisdictions and argues that diversity of systems, customs and rules with respect to property has conspired to maintain the entrenched poverty of the developing world. He argues that it is the unified, codified and integrated systems of the West that have allowed these societies to mobilize capital to escape the endemic widespread poverty of the pre‐capitalist age. In the course of this paper I seek to compare and evaluate the competing claims of Tully and de Soto. (shrink)

The apportionment of responsibility for health policy within multi‐level states should be sensitive to a number of conflicting normative pressures, some of which militate for placing decision‐making authority at the higher reaches of policy‐making structures, while others would seem to require placing them lower down this structure. The principle of subsidiarity is a structural principle that addresses in a manner that is neutral with respect to these values a way of addressing the conflicting claims of these values. Standard accounts of (...) federalism fare poorly with respect to the criterion of subsidiarity. While central governments are at first glance better equipped to apply such a principle to the issue of the distribution of authority, there are strong empirical grounds for thinking that centralized governments will non‐neutrally privilege central authorities in applying the principle. Federal structures that admit of overlapping jurisdictions, and that therefore require that deliberation among federal parties occur as a condition of the problem of the distribution of powers over health care being solved, are most amenable to solving problems of distribution of authority. (shrink)

The administration or recognition of religious courts is a form of religious accommodation present in many constitutional states today commonly analysed in legal pluralism terms. This article contributes to the further analysis of the relationship between legal pluralism and rights in religiously diverse societies by examining the status of state religious courts and their interaction with state non-religious courts. In particular, I examine what Cover calls “jurisdictional redundancies” between the courts and conceptualize the allocation of power between religious and non-religious (...) courts as a potentially productive site of interlegality. In doing so, I support concurrent jurisdictional allocations, arguing that exclusive jurisdiction could result in what I call an interlegal gap, whereby instead of inter-penetration of norms and production of reconciliatory principles, there is a justice gap whereby litigants may find themselves unable to obtain appropriate legal recourse including when neither court is willing to assume jurisdiction over the matter. This requires us to see the relationship between religious courts and non-religious courts through the more mundane but more practical lens of jurisdictional overlaps and competition, rather than through the more abstract framing of normative or even civilizational clashes. Accordingly, I argue that concurrent jurisdiction and interlegality have greater potential to strike a balance between individual and group rights and could be more protective of religious diversity. In other words, I argue for a closer, rather than a more separate, relationship between religious and non-religious courts, while denying that a hierarchical relationship where religious courts are subordinated to non-religious courts is the only way to protect rights. (shrink)

Rising sea levels may sink entire countries. Individualistic solutions to this climate catastrophe, such as those proposed by Meisels and Risse, are inadequate on both Kantian and Lockean criteria. This article concurs with Cara Nine's recent argument that such ‘ecological refugee states’ are entitled to territorial remedies. But Nine's proposal, founded on Locke's ‘sufficiency’ proviso and Nozick's famous application of it to waterholes in the desert, is instructively incorrect. Careful consideration of the distinction between land and territory, and of the (...) structure of Proviso arguments, supports a new theory of how territorial claims can be positive-sum — how the amount of territory can increase even as the land base remains constant or decreases. This normative conception of territory as the ratio of justice to land use provides a better foundation for a political solution to the problem of ecological refugee states and also generates deeper insight into the nature of territory itself. The article thus contributes not only to our thinking about redress for ecological refugees, but also to the burgeoning literatures on territory and on the Lockean Provisos. (shrink)

This article critically examines the plain exit principle of Kukathas that argues as the best system to conciliate the demands of belonging to an indigenous culture and the right to dissent from their women members. We first review the tension between feminism of equality and the situation of indigenous women with their internal cultures. Second, we explore the thesis of Kukathas for conclude that it alone is not enough. Finally, it analyses an alternative solution that overlapping the right of (...) exit, a model of multicultural jurisdictions and adequate conception of deliberative democracy. (shrink)

ABSTRACT The jurisdiction of schools has long been contested. Initially, under the sway of loco parentis, parents delegated all authority to educators. With ascendency of the common school movement in the 19th century, however, the doctrine confronted reverses. As the student body increased in size and heterogeneity, families no longer spoke with a single voice. The courts granted parental requests for a more determinative role in their children’s education, prohibited schools from giving religious instruction, and guaranteed students some civil rights. (...) This curtailment of school authority has been countered in recent years by the emphasis on educating the “whole child” with schools taking on responsibilities, such as character development and mental health, arguably a home preserve. While acknowledging the large overlap between school and home, I argue they have differing agendas and capacities. Schools stress the collective, cultivating “we-ness” and agreed upon norms, whereas homes cultivate privacy, individualism, and particularistic values; schools stress equality while homes stress equity; schools are constrained in their use of discipline whereas homes take more liberties. In urging schools to circumscribe and differentiate their role, I nonetheless recognize the problems of doing so. (shrink)

This paper illustrates the overlap of computer ethics and business ethics by examining two issues. The first is the lack of fit between digitalized information and copyright protection. Although there are moral arguments that can be used to justify protection of intellectual property, including computer software and digitalized data, the way that copyright protection has developed often reflects vested interests rather than the considered weighing of moral considerations. As a result, with respect to downloading MP3s, among other material, what is (...) ethical is largely determined by the appropriately passed laws in each jurisdiction, and what is ethically permissible in one jurisdiction may be ethically impermissible in another. The second issue is the outsourcing of IT jobs from the U.S. While the practice has been politicized, examining it from an all-things-considered perspective, this paper argues it is ethically justified. (shrink)

This paper illustrates the overlap of computer ethics and business ethics by examining two issues. The first is the lack of fit between digitalized information and copyright protection. Although there are moral arguments that can be used to justify protection of intellectual property, including computer software and digitalized data, the way that copyright protection has developed often reflects vested interests rather than the considered weighing of moral considerations. As a result, with respect to downloading MP3s, among other material, what is (...) ethical is largely determined by the appropriately passed laws in each jurisdiction, and what is ethically permissible in one jurisdiction may be ethically impermissible in another. The second issue is the outsourcing of IT jobs from the U.S. While the practice has been politicized, examining it from an all-things-considered perspective, this paper argues it is ethically justified. (shrink)

This review article examines the conceptual possibility of ‘cosmopolitan pluralism’, a jurisprudential theory developed by Paul Schiff Berman in his recent book, Global Legal Pluralism: A Jurisprudence of Law Beyond Borders. Cosmopolitan pluralism is presented as a conceptual framework for understanding and managing situations of multiple legal orders which overlap and conflict. It seeks to avoid the pitfalls of both sovereigntist territorialism, which attempts to solve all legal disputes by exclusive application of the norms of some single territorially-based jurisdiction, as (...) well as universalism, which always looks for norms which transcend the differences of particular communities. Cosmopolitan pluralism maintains that conflicts ought to be preserved, not eliminated, and local variations should be recognized and accommodated to the greatest extent possible. Here I argue that while Berman has constructed a worthy and desirable goal for communities which find themselves in an increasingly globalized world, much work of an analytical kind remains to be done to show how such a goal is conceptually possible. As I shall attempt to demonstrate, Berman’s cosmopolitan pluralism asks for a radically revisionist understanding of the nature of law’s claim to authority, but it is not clear that such an account is available. (shrink)

This paper examines how the oncomouse became a patentable invention. The oncomouse began life in the laboratory, where it was genetically modified for use as a research tool to assist with the study of human cancer. Its design, a product of genetic modification, made the oncomouse potentially patentable subject matter. The United States was the first jurisdiction to award the patent and several others followed. However, the question of animal patenting was most contentious in Europe and Canada. In this paper (...) I examine debates about animal patenting within the legal and moral spaces created by United States, European and Canadian patent law, focusing on differences that emerged in each case. I argue that oncomouse as a patentable invention was made possible and acceptable as different ways of being mouse as natural animal, research tool and invention were made to cohere: that is as they were made to overlap and depend upon one another. In the paper I use the term "cohere" to describe the logic of animal patenting that emerged with, and was essential to, the outcome in each jurisdiction. I describe an ontological politics of connecting and separating different ways of being mouse, as the oncomouse's genetic modification, risks, benefits, and suffering were juxtaposed with patent law, precedent, laboratory protocols, and understandings of human agency and control. As connections and separations were made, a relation, "natural animal-research tool-invention", was established, and logic of animal patenting emerged: but differently each case. (shrink)

Emergent structural approaches to institutional complexity tend to inhibit the role of agency in addressing logic multiplicity scenarios. Prior studies of logic multiplicity have documented a diverse set of outcomes, ranging from domination through hybridization, and characterized by various levels of conflict. A new stream of research has emerged that seeks to explain this heterogeneity through the structural components of complexity. These studies tend to minimize the role of agency in institutional complexity scenarios, positing that outcome diversity, and the organization’s (...) ability to exert agency, can be accounted for by the interaction of exogenously determined parameters, such as centrality, compatibility, prioritization, and jurisdictional overlap. This article revisits the role of agency in these models, suggesting that agency is not only framed by, but may itself shape, structure. The article draws on a comparative case study in five Israeli nonprofit organizations, focusing on the introduction of the business logic through a strategic planning process, and the challenge that this represents for the legacy social logic. The case studies demonstrate that organizations regularly use a set of distinctive mechanisms to manipulate the structural components of complexity, and, in so doing, agentically regulate logic multiplicity outcomes. (shrink)

Cooperative discourse procedures produce consensual siting proposals for NIMBY-projects-but only if these proposals do not affect the final siting decision. Then, the members of the discourse commissions stay independent and face few incentives to pursue consequentialist interests. However, the more influential discourse procedures become, the stronger the interest groups’ incentives are to take advantage of them. Thus, cooperative discourses turn into competitive, interest-centred procedures whose outcome is rejected by the less influential groups. The evolution of discourse procedures into functionally specialized (...) parliaments or even into FOCJ (Functional, Overlapping, Competing Jurisdictions) seems worth pursuing. (shrink)

The conventional approach to law and religion assumes that these are competing domains, which raises questions about the freedom of, and from, religion; alternate commitments of religion and human rights; and respective jurisdictions of civil and religious courts. This volume moves beyond this competitive paradigm to consider law and religion as overlapping and interrelated frameworks that structure the social order, arguing that law and religion share similar properties and have a symbiotic relationship. Moreover, many legal systems exhibit religious (...) characteristics, informing their notions of authority, precedent, rituals and canonical texts, and most religions invoke legal concepts or terminology. The contributors address this blurring of law and religion in the contexts of political theology, secularism, church-state conflicts, and the foundational idea of divine law. (shrink)

Since international trade leads to prosperity, most economics are in favor of globalization. This basic conviction is shared in this paper. Several standard arguments brought forward by critics of globalization - e.g. the claims that globalization increases poverty, destroys jobs, undermines the welfare state, enables international corporations to seize power and leads to environmental degradation and uniform culture - are shown to be invalid. Nevertheless, compared to orthodox economists, a more critical view of globalization is proposed in this paper, and (...) several shortcomings of globalization are discussed. These shortcomings are the unidirectional trade liberalization at the expense of developing countries, international organizations, like the IMF of World Bank, representing narrow economic interests and, above all, the lack of 'global governance'. Therefore, the implementation of functional overlapping competing jurisdiction is put forward. It is argued that the alternative proposition of a world government is dangerous, and global solidarity ineffective. (shrink)

According to the Supreme Court of Canada, Aboriginal title is a property right, albeit of a distinctive kind. Most significantly, the right is subject to an inherent limit: title lands cannot be used in a way that deprives present and future generations of the right to use the land. Aboriginal title is also encumbered by a restraint on alienation, and has its source in Aboriginal legal systems that predate and survive the assertion of Crown sovereignty. In this paper, we argue (...) that these features of Aboriginal title are not burdensome judicial innovations on a property right, but are instead the essential contours of a sovereign right. That is, the Court’s own description of Aboriginal title does not comport with sound theoretical understandings of a property right. Aboriginal title is much more akin to a right of sovereignty—the right to make laws about the use of a territory. Aboriginal title is the right of law-making jurisdiction over the title lands. The existing literature, while edging towards the view that Aboriginal title is a sovereign right, has lacked the unifying theoretical basis needed to decisively dispatch the Court’s property paradigm. In particular, all extant accounts find the inherent limit inexplicable. The account in this article theorizes and explains the inherent limit, as well as all of the sui generis elements of Aboriginal title, and shows their interconnectedness. Our view additionally answers a number of questions that the Court’s property paradigm does not, including: (1) what laws primarily govern title lands; (2) who has standing to question whether any particular use of title land violates the inherent limit; (3) what is the status of private land interests that overlap with Aboriginal title lands; and (4) how should the doctrine of Aboriginal title be updated in light of jurisprudential developments emphasizing that Indigenous peoples never ceded their sovereignty? (shrink)

A “national security–centric” approach currently dominates cybersecurity policies and practices. Derived from a realist theory of world politics in which states compete with each other for survival and relative advantage, the principal cybersecurity threats are conceived as those affecting sovereign states, such as damage to critical infrastructure within their territorial jurisdictions. As part of a roundtable on “Competing Visions for Cyberspace,” this essay presents an alternative approach to cybersecurity that is derived from the tradition of “human security.” Rather than (...) prioritizing territorial sovereignty, this approach prioritizes the individual, and views networks as part of the essential foundation for the modern exercise of human rights, such as access to information, freedom of thought, and freedom of association. The foundational elements of a human-centric approach to cybersecurity are outlined and contrasted with the prevailing trends around national security–centric practices. A human-centric approach strives for indivisible network security on a planetary scale for the widest possible scope of human experience, and seeks to ensure that such principles are vigorously monitored and defended by multiple and overlapping forms of independent oversight and review. (shrink)

Today’s economy has transitioned from the traditional brick and mortar structure of doing business to that of digitalized economy. The latter functions with the aid of technological tools with ‘data’ being the most significant tool in today’s context. The issue has become even more critical with the advent of ‘big data’. It is argued that accumulation, analysis and usage of ‘big data’ enable creation of varied forms of entry barriers for new entrants and information asymmetries for customers which in turn (...) affect ‘market competition’ adversely (Santesteban & Longpre The Antitrust Bulletin,65(3), 459-485, 2020; Fast et al., 2021). Consequently, it is pertinent to revisit the traditional understanding of ‘market competition’ as stipulated in the antitrust laws across jurisdictions and specifically the Indian Competition Act, 2002. The existing regime being centred around neo-classical price theory is not equipped to comprehend the various dimensions of the digitalised world where ‘data’ is the new form of currency having effects on market power and, consequently, on market competition. Digital markets are multi-sided and non-linear in nature where ‘big data’ acts as a lubricant for their smooth functioning. Whether access to data provides any form of competitive advantage is the central question. A resource to provide any form of competitive advantage must be distinct, rare, inimitable, non-substitutable and valuable (Barney, 1991). If data carries such characteristics, the continuous percolation and usage of technology powered by ‘big data’ into the markets will affect the understanding of the basic competitive wrongs. Potential interdependencies between technology, data and market power also affect the understanding of ‘dominance’ as stipulated under the existing law. The unique challenges which ‘big data’ poses are not only restricted to competition policy but also extended to enforcement as they trigger overlapping constitutional concerns in relation to privacy. This demands for looking at the existing gap between competition law/policy and the ‘data’-driven challenges being faced in this ever-evolving digital economy. (shrink)

The ArgumentHistorians of science naturally tend to express interest in other forms of intellectual activity only when these intersect with science. This tendncy has produced a number of enlightening studies of what happens when science and (for instance) law or theology come into contact, but little by way of how science enters into the calculations and social status of such forms of knowledge after the conjuction has passed. Recent work in the sociology of professions, in contrast, has focused attention precisely (...) on those moments when the expert knowledge produced by different group doesnotoverlap. This has been the contribution of Andrew Abbortt's theory of “jurisdictional boundaries” between competing professions. The case of Victorian actuaries who worked hard to maintain unique intellectual claims in the competitive life insurance industry while maintainiing strong social connections and overlaps in knowledge with organized science, challenges the way both historians of science and sociologists of professions view contending knowledge claims. By observing what motivated actuaries to forge an alliance with men of science in the 1820s, then tracing their gradual recognition of a need to distance themselves from certain of the “scientific” values that had earlier informed their collective identity, it is possible to make sense of connections as well as disconnections between science and other forms of knowledge. A history of quantification from the actuaries' perspective, in other words, allows us to view science bothasandincontext. (shrink)

We provide a logical analysis of private international law, a rather esoteric, but increasingly important, domain of the law. Private international law addresses overlaps and conflicts between legal systems by distributing cases between the authorities of such systems (jurisdiction) and establishing what rules these authorities have to apply to each case (choice of law). A formal model of the resulting interactions between legal systems is proposed based on modular argumentation. It is argued that this model may also be useful for (...) governing the interactions between heterogeneous agents, belonging to different and differently regulated virtual societies, without recourse to a central regulatory agency. The model also provides for multiple interpretations concerning rules of private international law as well as substantive rules of the different legal systems. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Identity, Ritual and State in Tibetan Buddhism: The Foundations of Authority in Gelukpa MonasticismChristian P. B. HaskettIdentity, Ritual and State in Tibetan Buddhism: The Foundations of Authority in Gelukpa Monasticism. By Martin A. Mills. London: RoutledgeCurzon, 2003. 404 + xxi pp. with 12 black and white plates.In Tibetan Buddhism, there is a type of teaching called a dmar khrid, a "red instruction," wherein the lama brings students through (...) a teaching as a physician might dissect a corpse, pointing out and explaining the various parts and organs and their places and functions. In Identity, Ritual and State in Tibetan Buddhism, Martin Mills has done very much the same thing, with the exception that the body he examines is still very much alive, and emerges, to my eyes at least, as a new and wholly vital entity. Mills exposes the subcutaneous and sanguine body of Tibetan Buddhism, the bones and muscles that make up its structure, the blood that flows through it, and the organs that keep it alive, in "a plain and open manner," just as in a dmar khrid.1 The value of such a presentation truly cannot be overstated. An attempt to catalog the contents of each chapter would be both impossible and counterproductive, as the wealth of theoretical material and ethnographic detail is a large part of what makes this book so powerful. Instead, I will identify several topics, several of the vital organs alluded to, that are either not commonly noticed in the academic study of Buddhism, or that are given fresh perspective by Mills's anthropological and sociological methodology, and that are so crucial to understanding how it is that Buddhism lives in a typical Himalayan village. The latter portion of this review explains why I place such high value on this book and its potential place in Buddhist-Christian studies.Identity, Ritual and State is an ethnography of Kumbum Monastery in Lingshed, Ladakh (the eastern half of the Kashmir valley, located in Jammu and Kashmir, India), but its concerns are much more far-reaching than a single remote Himalayan village. The central question of the work is "how we are to understand the nature of religious authority in Tibetan Buddhist monasticism" (p. xiii), although it might more properly be the religious authority of Tibetan [End Page 187] Buddhist monastics. This answer is worked out in three overlapping areas of analysis: local ritual activity, ecclesiastical structure of the monastery, and the ritual foundations of Tibetan political thought (p. xvii).Mills convincingly asserts that there is a framework within which Buddhism happens in the Himalayas. The starting point of this framework is birth itself, which establishes the embodied person. The very physicality of personhood has several implications. First, the body is embedded in a very specific local space and place, and personhood is thus not only embodied, but also chthonic—intimately bound up with the earth or soil onto which it is born. At birth, persons are injected into a complex matrix of relations between people and various spirits, such as household gods and protectors, nāga, and itinerant demons. For example, Lingshed is divided into seven subterritories, each under the jurisdiction of a local deity whose physical abode and reign are well known to all in the village.2 These deities are associated with features of the local geography, and they regulate and influence local agricultural and social production, so birth in one area or another signifies a relation with the deity presiding over it. The land itself is imbued with a notion of personhood and agency. The human body is also the repository for pollution (sgrib), which comes about as a result of violating the established hierarchy of space and place and from bringing about changes to the local matrix of embodied persons. Both bodily pollution concerns and the need for proper relations with local spirit numina mandate definite, ongoing ritual attention. Rituals are occasioned in response to births, deaths, spirit possession, unintentional pollution of places or household objects, and movements within the monastic ecclesiastical structure, or happen regularly according to an astrologically and agriculturally influenced calendar.Rituals are performed by monks not only because they are trained specialists, but because... (shrink)

Proponents of probabilism argued that 'when an opinion is probable it may be followed even when the contrary opinion is more probable'. Gabriel Vazquez (1549-1604) was the first Jesuit theologian to defend and expand this doctrine. The prevalent theory of sovereignty at the time held that: (1) when sovereigns are victims of wrongs, they take on the role of international judges (thus just wars are just punishments); and (2) the sovereign need not stand before the judgment of any other human (...) being. The conjunction of probabilism and the idea of the sovereign as a superior judge made it conceptually possible for a war to be just on both sides. The reason is that probabilism allows two sovereigns to inculpably carry out two conflicting but probable judicial sentences about the same case. Confronted with this problem, Vazquez decided to eliminate the overlap between sovereign jurisdictions by revising the then dominant conception of sovereign supremacy and proposing criteria for determining > the competent forum to settle sovereign disputes. His views developed during his involvement in the controversy about Castilian claims to the Portuguese throne. (shrink)

Throughout the medieval period law was seen as the product of social groups and associations that formed legal orders, as Max Weber elaborates, "either constituted in its membership by such objective characteristics of birth, political, ethnic, or religious denomination, mode of life or occupation, or arose through the process of explicit fraternization." During the second half of the Middle Ages, roughly the tenth through fifteenth centuries, there were "several distinct types of law, sometimes competing, occasionally overlapping, invariably invoking different (...) traditions, jurisdictions and modes of operation." Types of law included imperial and royal edicts and statutes, canon law, unwritten customary law of tribes and localities, written Germanic law, residual Roman law, municipal statutes, the law of merchants and of guilds, and in England the common law, on the continent the Roman law of jurists after the twelfth century revival of the Justinian Code. The types of courts included various imperial and royal courts, ecclesiastical courts, manorial or seigniorial courts, village courts, municipal courts in cities, merchant courts, and guild courts. Serving as judges in these courts, respectively, were kings or their appointees, Bishops and abbots, barons or lords of the manor or their appointees, local lay leaders, leading burghers, merchants, and members of the guild. These various positions were not wholly separate-many high government officials were in religious orders, while Churches held landed estates that came with local judicial responsibilities. "Bishops, abbots and prioresses, as lords of temporal possessions, controlled manorial or honorial courts at which they sometimes, though not generally, presided in person, exercising responsibility for criminal and customary law." "The result was the existence of numerous law communities," Weber wrote, "the autonomous jurisdictions of which overlapped, the compulsory, political association being only one such autonomous jurisdiction in so far as it existed at all." Jurisdictional rules for judicial tribunals and the laws to be applied related to the persons involved and the subject matter at issue. The personality principle linked law to a person's community or association, and under feudalism property ownership came wrapped together with the right to judge those tied to the property. "Demarcation disputes between these laws and courts were numerous." Jurisdictional conflicts arose especially in relation to ecclesiastical courts, which claimed broad jurisdiction over personal status laws (marriage, divorce, inheritance) and moral crimes, as well as church property and personnel, matters which regularly overlapped with the jurisdiction of other courts. Furthermore, different bodies of law could be applicable in a given court in a given case. "It was common to find many different codes of customary law in force in the same kingdom, town or village, even in the same house, if the ninth century bishop Agobard of Lyons is to be believed when he says, 'It often happened that five mem were present or sitting together, and not one of them had the same law as another.'" In long settled areas, the personal law of communities became local customary law. People living within cities were subject to municipal statutes and customary law on certain matters (penal law, procedural), and the community law to which they were attached. (shrink)

Although histories of cognitive behaviour therapy have begun to appear, their use with people with psychosis diagnoses has received relatively little attention. In this article, we elucidate the conditions of possibility for the emergence of cognitive behaviour therapy for psychosis (CBTp) in England between 1982 and 2002. We present an analysis of policy documents, research publications and books, participant observation, and interviews with a group of leading researchers and senior policy actors. Informed by Derksen and Beaulieu’s articulation of social technologies, (...) we show how CBTp was developed and stabilised through the work of a variety of overlapping informal, academic, clinical, professional, and policy networks. The profession of clinical psychology played a key role in this development, successfully challenging the traditional ‘division of labour’ where psychologists focused on ‘neurosis’ and left ‘psychosis’ to psychiatry. Following Abbott's systems approach to professions, we identify a number of historical factors that created a jurisdictional vulnerability for psychiatry while strengthening the jurisdictional legitimacy of clinical psychology in providing psychological therapies to service users with psychosis diagnoses. The National Institute for Health and Clinical Excellence played a significant role in adjudicating jurisdictional legitimacy, and its 2002 schizophrenia guidelines, recommending the use of psychological therapies, marked a radical departure from the psychiatric consensus. Our analysis may be of wider interest in its focus on social technologies in a context of jurisdictional contestation. We discuss the implications of our study for the field of mental health and for the relationship between clinical psychology and psychiatry. (shrink)

This chapter brings overlapping consensus and its relation to constitutional consensus together, center stage. Since constitutional consensus on its own goes a considerable distance toward providing political stability, the chapter explains how overlapping consensus goes beyond constitutional consensus. What overlapping consensus supplies, which freestanding justification and constitutional consensus can't, is a distinctive set of comprehensive moral and religious reasons endorsing and thereby justifying, each for its own reasons, the liberal order. The chapter takes up the difficult question (...) whether traditional utilitarianism could figure in an overlapping consensus that assigns priority to the “rights, liberties, and opportunities” characteristic of liberalism over the “claims of the general good.” It attempts to provide an argument for saying that a well‐known version of utilitarianism (called indirect utilitarianism) could in fact be part of an overlapping consensus so conceived. (shrink)

Book Information Multicultural Jurisdictions: Cultural Differences and Women's Rights. By Ayelet Shachar. Cambridge University Press. Cambridge. 2001. Pp. xiv + 193. Hardback, Aus.$140. Paperback, $48.95.

Deleuze and jurisdiction : expressionism in jurisprudence -- Personal jurisdiction : the "method of dramatization" in the law of persons -- Minority and personal jurisdiction : judging sex in re alex -- Persons of animal law -- Deleuze, the law of things and subject-matter jurisdiction -- To put to flight : the right of possession -- The activity of judgment : law of actions and the procedural genre of jurisprudence -- Jurisdiction of control : judgment and procedural forms in Thomas (...) v Mowbray -- The locality of law : jurisdiction in Deleuze. (shrink)

People can be autonomous, if they are subject to authority. In particular, they can be autonomous if they are subject to the authority of law. I defend the first claim through a study of Joseph Raz's compelling account of authority; I claim that his work leads to the conclusion that autonomous judgment is needed to determine the jurisdiction of an authority, and to interpret its directives. I defend the second claim by arguing that law does not claim unlimited jurisdiction, and (...) need not claim unlimited scope for its directives. But the requirements of the rule of law create a standing risk that the law will not adequately recognize the autonomy of its subjects, because of its artificial techniques for controlling its own jurisdiction and for controlling the scope of its own directives. (shrink)

Although the Lisbon Treaty maintained the general exclusion of Common Foreign and Security Policy (CFSP) matters from ECJ jurisdiction, it introduced a number of changes into this area, including an explicit statement that the Court is competent to review the legality of the Council decisions imposing restraining measures on persons. The article analyzes the nature and origin of those changes and considers the legal implications for the level of the protection of fundamental rights in the European Union. For this purpose (...) the author firstly considers the context of the exclusion of CFSP matters from the ECJ jurisdiction, including discussions on the issue at the European Convention, and, secondly, takes a closer look at the separate heads of jurisdiction over which the Court is competent to act after the entry into force of the Lisbon Treaty. A conclusion is made that the Lisbon Treaty did not introduce significant changes to ECJ jurisdiction. Similarly to the pattern of previous amendment treaties, the Lisbon Treaty again gave recognition to the practice of the ECJ on relevant questions. Nonetheless, the amendments made by the Lisbon Treaty should be welcome for introducing more clarity into the legal regulation of the matter, thus boosting the legal certainty and protection of fundamental rights in the European Union. (shrink)

Although sovereign jurisdictional authority is not itself a kind of property right for Hobbes, it is the object of the sovereign’s (not the state’s) proprietary rights. Jurisdictional authority for Hobbes is foundationally over persons rather than territory, so that the sovereign’s territorial jurisdiction is parasitic on jurisdiction over persons. Territory nevertheless plays a significant role in determining subjects’ political obligations because the sovereign’s ability to protect subjects is necessary for such obligations, and control over space is necessary to protect subjects. (...) Yet Hobbes shows why the modern ideology of the state does not univocally posit the state as an intrinsically territorial entity. There are two traditions here: The Lockean one that, in grounding jurisdictional authority in private dominion over things, portrays the state as intrinsically territorial, and the Hobbesian one that, in deriving property rights from jurisdictional authority, does not. (shrink)

Sleep enhances integration across multiple stimuli, abstraction of general rules, insight into hidden solutions and false memory formation. Newly learned information is better assimilated if compatible with an existing cognitive framework or schema. This article proposes a mechanism by which the reactivation of newly learned memories during sleep could actively underpin both schema formation and the addition of new knowledge to existing schemata. Under this model, the overlapping replay of related memories selectively strengthens shared elements. Repeated reactivation of memories (...) in different combinations progressively builds schematic representations of the relationships between stimuli. We argue that this selective strengthening forms the basis of cognitive abstraction, and explain how it facilitates insight and false memory formation. (shrink)

Is it possible for the state simultaneously to respect deep cultural differences and to protect the hard-won citizenship rights of vulnerable group members, particularly women? This 2001 book argues that it is not only theoretically needed, but also institutionally feasible. Rejecting prevalent normative and legal solutions to this 'paradox of multicultural vulnerability', Multicultural Jurisdictions develops a powerful argument for enhancement of the jurisdictional autonomy of religious and cultural minorities while at the same time providing viable legal-institutional solutions to the (...) problem of sanctioned intra-group rights violation. This new 'joint governance' approach is guided by an innovative principle that strives for the reduction of injustice between minority groups and the wider society, together with the enhancement of justice within them. This book will interest students of political and social theory, law, religion, institutional design, as well as cultural and gender studies. (shrink)

We study some connections between two kinds of emph{overlap} relations: that of point-free geometries in the sense of Grzegorczyk, Whitehead and Clarke, and that recently introduced by Sambin within his constructive approach to topology. The main thesis of this paper is that the overlap relation in the latter sense is a necessary tool for a constructive and intuitionistic development of point-free geometry.

Davidovic asks what gives the international community the authority to punish some crimes? On one prominent view some crimes (genome, torture) are so heinous that the international community, so long as its procedures are fair, is justified in prosecuting them. Another view contends that heinousness alone is not enough to justify international prosecution: what is needed is an account of why the international community, in particular, has standing to hold the perpetrators to account. Davidovic raises concerns about both of these (...) views and then defends her own account. On her view, the heinousness of the crimes is relevant, but what makes these crimes the business of the international community is that the community in fact recognizes certain norms against especially heinous crimes. If the international community fails to prosecute and punish those who perpetrate these crimes, this impunity undermines the rule of law, and thereby hinders the maintenance of peace the the protection of human rights. (shrink)

This article briefly reviews categorization models in both cognitive psychology and cognitive phonology in order to set the background for a psycholinguistically plausible account of the classification of the allophones involved in category overlaps (i.e., the overlapping areas between phoneme categories) and in the so-called positions of neutralization. In addition, the traditional proposals of both Bloomfieldian phonemics (i.e., phonetic similarity) and the Prague School (i.e., archiphonemes) are discussed and an alternative proposal is offered. The latter claims that phonological theory (...) should be informed by psycholinguistic evidence obtained by experimental methods. This line of research will progressively make cognitive phonology a functional phonological theory consistent with the way speakers classify the sounds of their language and will contribute to theoretical progress in phonological theory. (shrink)

In this paper, I examine the claim that Rawls’s overlapping consensus is too narrow to allow most mainstream religions’ participation in political discourse. I do so by asking whether religious exclusion is a consequence of belief or action, using conversion as a paradigm case. After concluding that this objection to Rawls is, in fact, defensible, and that the overlapping consensus excludes both religious belief and action, I examine an alternative approach to managing religious pluralism as presented by Adam (...) Smith. I show that Smith’s so-called “marketplace of religions” assumes and encourages religious conversion. I then offer objections to Smith’s approach from Rawls’s point of view, concluding that, while Rawls cannot adequately respond to the Smithian challenge, in the end the two positions are complimentary. (shrink)

This article analyses jurisdiction regarding administrative proceedings (lawsuits) in Jordan and France. Moreover, it also discusses the fact that jurisdiction regulates two matters of the utmost importance: the distribution of jurisdiction between ordinary and administrative jurisdictions and the distribution of jurisdiction between administrative jurisdictions themselves in States whose jurisdiction in administrative proceedings is distributed to more than one administrative organ. Moving on, this research was conducted using several research approaches such as, the comparative and analytical approach. The research (...) concluded with a number of conclusions and recommendations, the most important of which was the establishment of an Administrative Proceedings Management Service (APMS), as did the French Administrative Judicial Code, in which attendance was compulsory. To add on, the office of the Administrative Proceedings Administration must have a judge of its own, which corresponds to the post of the judge in the French Administrative Court. The judge will handle the completion of the data regarding both lawsuit parties, and request the documents needed for the case at hand. With that being said, the Jordanian Constitutional Court must reverse its interpretative decision, stating that the administrative justice is part of the ordinary judiciary—in referral to The Constitutional Court’s interpretation of the provisions of the Constitution, which considered the administrative judiciary as an integral part of the ordinary judiciary. Lastly, the research concluded that The French Administrative Judiciary must be taken into consideration regarding the establishment of an administrative judiciary independent from all aspects of the ordinary judiciary, and the explicit introduction of the dual judicial system. (shrink)

Large data-intensive health research programmes benefit from collaboration amongst researchers who may be located in different institutions and international contexts. However, complexities in navigating privacy frameworks and data protection laws across various jurisdictions pose significant challenges to researchers seeking to share or transfer data outside of institutional boundaries. Research on the awareness of data protection and privacy laws amongst stakeholders is limited. Our qualitative study, drawn from a larger project in Singapore, revealed insights into stakeholders’ perceptions of the role (...) of law in cross-national health data research. Stakeholders in our study demonstrated a range of perceptions regarding the role of data protection law in governing the collection and transfer of health data for research. The main criticisms included inadequate legal protection to data and lack of uniformed data protection standards. Despite these criticisms, participants recognised the importance of data protection law in supporting cross-border data transfers and proposed measures to improve perceived limitations of existing laws. These measures include strengthening existing legal framework, establishing contractual agreements and imposing severe punishments for data misuse. (shrink)

Rawls’ idea of overlapping consensus is crucial for the public justification of a political conception of justice in modern democratic societies. While overlapping consensus is mostly understood empirically, in the first part of this article we argue that a normative interpretation is more appropriate. Moreover, we try to show that Baccarini’s proposal of qualified consensus, in contrast to an assumed empirical reading, actually exploits the potentials of a normative reading. In the second part, we concern ourselves with the (...) epistemological implications of a normative understanding of overlapping consensus or, more precisely, with the issue of epistemic deontologism. If we claim that consensus should be understood as agreement about not already existing beliefs and reasons, but about beliefs and reasons that citizens should acquire, it can be argued that this implies a thesis about voluntary control over beliefs. We try to show that a normative reading can be compatible with strategies based both on doxastic voluntarism and doxastic involuntarism. (shrink)

John Rawls and Simone Weil presented two distinct conceptions of political justice, aimed at articulating a common ethos in an inherently heterogeneous society. The terms of the former, chiefly concerned with the distribution of primary goods, underwrite much of today's Western democracies political liberalism. The terms of the latter, chiefly concerned with the way interaction is organised in social activities in view of the body and soul's balancing pairs of needs, are less well known. We explain the sense in which (...) the overlapping consensus in Weil's notion of political justice is “thicker”, and may thus deserve more attention – alongside that of Rawls – for substantiating a democratic ethos within political liberalism. (shrink)

Recently doubts have been raised about the ability of pilot wave theories with field ontology to recover the predictions of quantum field theory. In particular, Struyve has questioned that the overlap between wave functionals of macroscopically different states with fixed particle number is really non-significant.With numerical computations and some further plausibility arguments we show that the overlap between n-particle states in field theory decreases almost exponentially with the number of particles and becomes non-significant already for small particle numbers.

This essay examines the concepts of ‘professionalism’ and ‘ethics’ as they are used in health professions education and, in particular, medical education. It proposes that, in order to make sense of the construct of ‘professional ethics,’ it would be helpful to conceive of professionalism and ethics as overlapping but not identical spheres. By allowing for areas of professionalism that are not directly pertinent to ethics, and areas of ethics that are not directly pertinent to the professional sphere, ‘professional ethics’ (...) as a focus of medical education can come into sharper relief. The essay argues that professional ethics should be understood not only in relation to major ethical issues such as end-of-life decisions, but also in relation to everyday actions and decisions. The essay ends by raising questions about how and by whom professional ethics is best taught. (shrink)

Although sovereign jurisdictional authority is not itself a kind of property right for Hobbes, it is the object of the sovereign’s proprietary rights. Jurisdictional authority for Hobbes is foundationally over persons rather than territory, so that the sovereign’s territorial jurisdiction is parasitic on jurisdiction over persons. Territory nevertheless plays a significant role in determining subjects’ political obligations because the sovereign’s ability to protect subjects is necessary for such obligations, and control over space is necessary to protect subjects. Yet Hobbes shows (...) why the modern ideology of the state does not univocally posit the state as an intrinsically territorial entity. There are two traditions here: The Lockean one that, in grounding jurisdictional authority in private dominion over things, portrays the state as intrinsically territorial, and the Hobbesian one that, in deriving property rights from jurisdictional authority, does not. (shrink)

In David Lewis’s famous ‘Many, but Almost One’, he argues that when objects of the same kind share most of their parts, they can be counted as one. I argue that mereological overlap does not do the trick. A better candidate is overlap in function. Although mereological overlap often goes hand-in-hand with functional overlap, a functional approach is more accurate in cases in which mereology and function are teased apart. A functional approach also solves a version of the problem of (...) the many that Lewis thought was immune to the Almost-One solution. (shrink)

In international human rights law ‘jurisdiction’ is the centre of the debate on extraterritorial obligations. The purpose of the present paper is to a) analyse how facts and principles contribute t...

Jurisdiction, Scale and Governance: Chronotopes of Law develops a post-metaphysical framework for analyzing the spatio-temporal workings of law and other forms of governance. In this regard, it does not seek merely to combine analyses of legal temporality carried out by anthropologists with analyses of law and space carried out by geographers and socio-legal scholars. Adding two metaphysical abstractions together does not produce anything but somewhat more complex, but equally metaphysical, abstractions. After Kant, 'time' and 'space' are simply categories of human (...) understanding, not metaphysical entities. And, in this book Mariana Valverde develops an anti-metaphysical theoretical approach to law that aims not to theorize the world in general, but rather to be useful to researchers who seek to shed light on the actual workings of law and other forms of governance. Written by one of the foremost theorists in the area, this theoretically innovative work constitutes a major contribution to contemporary studies in law and society. (shrink)