Intellectually stimulating articles, which grapple with the tough issues involving morality, justice, and the law. This balanced anthology will be of interest to philosophers, legal scholars, and anyone concerned about the relation of law to morality.

According to an influential and intuitively appealing argument, morality is usually continuous, namely, a gradual change in one morally significant factor triggers a gradual change in another; the law should usually track morality; therefore, the law should often be continuous. This argument is illustrated by cases such as the following example: since the moral difference between a defensive action that is reasonable and one that is just short of being reasonable is small, the law should not impose a severe punishment (...) when the action is almost reasonable and no punishment at all when the action is reasonable. In this Article, I consider two doubts regarding this argument. First, the premise that morality is continuous in such cases is incompatible with the common view that the moral status of actions is not continuous since there is an important difference between actions that are permissible and actions that are wrong— even if this difference is due to a difference that is very small, such as the one between an action whose consequences are the best and an action whose consequences are just slightly less good. This view extends also to the overall moral status of agents given the common assumption that it depends on the moral status of their actions. This is an important challenge that the Continuity Argument should confront. However, I argue that the best account of morality is more scalar than the common view in these respects. Therefore, I conclude that the first premise of the Continuity Argument is correct in this regard, although it is based on a minority view. The second doubt concerns the scope of the second premise: since there are reasons both in favor and against legal continuity, and the applicability and force of these reasons depend not only on various moral propositions but also on contingent non-moral facts, we often lack the evidence to determine the degree to which the law, at a certain place and time, should be continuous, and specifically that it should often be continuous. (shrink)

When a severely suffering dying patient is deeply sedated, and this sedated condition is meant to continue until his death, the doctor involved often decides to abstain from artificially administering fluids. For this dual procedure almost all guidelines require that the patient should not have a life expectancy beyond a stipulated maximum of days (4–14). The reason obviously is that in case of a longer life-expectancy the patient may die from dehydration rather than from his lethal illness. But no guideline (...) tells us how we should describe the dual procedure in case of a longer life-expectancy. Many arguments have been advanced why we should not consider it to be a form of homicide, that is, ending the life of the patient (with or without his request). I argue that none of these arguments, taken separately or jointly, is persuasive. When a commission, even one that is not itself life-shortening, foreseeably renders a person unable to undo the life-shortening effects of another, simultaneous omission, the commission and the omission together should be acknowledged to kill her. I discuss the legal and ethical implications of this conclusion. (shrink)

Debates on morally acceptable and lawful end-of-life practices in pediatrics were reignited by the recent amendment in Belgian law to allow euthanasia for minors of any age who meet the criteria for capacity. Euthanasia and its legalization in pediatrics are often opposed based on the availability of aggressive palliative sedation. For terminally ill patients, this type of sedation is often identified as continuous and deep sedation until death. We demonstrate that this reasoning is based on flawed assumptions: CDS is a (...) morally preferable alternative to euthanasia; CDS can meet the same patient needs as euthanasia; children lack the capacity and experience to make EOL decisions; unlike euthanasia, CDS does not raise capacity issues. Our aim is not to reject CDS as a valid option at the EOL, nor to offer a clear-cut defense of euthanasia for minors, but to emphasize the ethical issues with both practices. (shrink)

The Dobbs opinion emphasizes that the state’s interest in the fetus extends to “all stages of development.” This essay briefly explores whether state legislators, agencies, and courts could use the “all stages of development” language to expand reproductive surveillance by using novel developments in consumer health technologies to augment those efforts.

Hung Yao-hsün is one of the most creative, albeit long overlooked, thinkers in Japanese-ruled Taiwan. This paper’s aim is threefold. It first argues that while Hung’s early philosophy was rooted in the Kyoto school, he is a key founder of the Sit-chûn movement of Taiwanese philosophy. It next shows that during Taiwan’s martial law, Hung’s thought features a “Buddhist turn,” in which Zen is incorporated within existentialism. Third, while this turn is a sharp contrast to his prewar philosophical activism, Hung’s (...) last work stressed Abraham Kaplan’s view that philosophy should be connected to one’s life experience, echoing Hung’s prewar usage of fūdo in justifying Taiwan’s cultural subjectivity. In other words, there is an implicit continuity between his early and late philosophy. (shrink)

Institutional theory of law (ITL) reflects both continuity and change of Kelsen's legal positivism. The main alteration results from the way ITL extends Hart's linguistic turn towards ordinary language philosophy (OLP). Hart holds – like Kelsen – that law cannot be reduced to brute fact nor morality, but because of its attempt to reconstruct social practices his theory is more inclusive. By introducing the notion of law as an extra-linguistic institution ITL takes a next step in legal positivism and (...) accounts for the relationship between action and validity within the legal system. There are, however, some problems yet unresolved by ITL. One of them is its theory of meaning. An other is the way it accounts for change and development. Answers may be based on the pragmatic philosophy of Charles Sanders Peirce, who emphasises the intrinsic relation between the meaning of speech acts and the process of habit formation. (shrink)

Institutional theory of law (ITL) reflects both continuity and change of Kelsen's legal positivism. The main alteration results from the way ITL extends Hart's linguistic turn towards ordinary language philosophy (OLP). Hart holds –like Kelsen – that law cannot be reduced to brute fact nor morality, but because of its attempt to reconstruct social practices his theory is more inclusive. By introducing the notion of law as an extra-linguistic institution ITL takes a next step in legal positivism and accounts (...) for the relationship between action and validity within the legal system. There are, however, some problems yet unresolved by ITL. One of them is its theory of meaning. An other is the way it accounts for change and development. Answers may be based on the pragmatic philosophy of Charles Sanders Peirce, who emphasises the intrinsic relation between the meaning of speech acts and the process of habit formation. (shrink)

In the on-going debate between scientific realism and its various opponents, a crucial role in challenging the realist claim that success of scientific theories must be attributed to their approximate truth is played by the so-called pessimistic meta-induction: Arguing that the history of science boils down to a succession of theories which, though successful at a time, were eventually discarded only to be replaced by alternative theories which in turn met with the same fate, it purports to show that the (...) empirical success of scientific theories cannot have any bearing on claims about their truth-likeness. Yet, the same historical record suggests a possible strategy to counter this argument. Far from being a barren wasteland, it contains cases which point to the need of adopting a selective attitude when passing judgments about truth-likeness of theories. In this vein, Psillos has proposed the so-called divide et impera move. It consists in pointing out that responsibility for the success of a theory should be attributed to an indispensable core element in it, acting in unison with other elements reflecting the concrete historical conditions under which the theory was formulated. In what follows it is argued that the discovery of Kepler's first two laws and the transition to Newtonian mechanics provides a notable case to exhibit the divide et impera move. All the more so, since—as will be shown—Kepler himself employs a variant of this move, a fact that sheds light on the philosophical implications of his theories. As a result, it will be argued that the appropriate selective attitude towards theories becomes solidly warranted if wedded to the diachronic element in the process of a theory's development. (shrink)

The droid rights movement may also need a snappy byline. “La Lutte Continue” – may the struggle continue – was one of the most popular social justice slogans to emerge from L'Atelier Populaire during the 1968 Paris riots. This chapter looks at what legal personhood actually means. Legal systems today still operate on this binary. But most legal systems see no necessary connection between moral persons and legal persons. Instead, they see legal persons as an entirely separate legal category. So, (...) for example, legal systems have no problem recognizing things like ships or temple ruins as legal persons with rights despite their not being moral persons. If L3 is right and droid sentience means they're rational, moral persons deserving of rights, then a lawyer working from ideas of natural law would say their legal personhood must be recognized. (shrink)

This article explores how legal treatises (rasāʾil) were essential sites for the development and expansion of Islamic legal schools’ (madhāhib) positions. The rasāʾil, along with legal dicta (fatāwā)—besides legal commentaries (shurūḥ) and manuals (mutūn)—were among the prime loci where jurists contended with rapid social, political, and economic changes. Although these legal treatises were written to address specific sociolegal issues, I argue that the treatise—as a separate genre—provided a creative space for jurists to reaffirm, restate, or advance a new opinion in (...) the school. These legal treatises were carefully considered and extensively referenced in the authoritative works of the school for their updated legal positions, practical utility for judges in courts, and relevance for official policy purposes. To demonstrate this dynamic, I present a close reading of two legal treatises by Maḥmūd Efendī al-Ḥamzāwī (d. 1887), a key Ḥanafī authority and judge, and the muftī of Damascus (1867–1887). The first covers the issue of criminal law procedures in Islamic/Ottoman courts and the second addresses the topic of hunting with rifles. Both treatises expanded the legal positions of the Ḥanafī school by incorporating new justifications, qualifications, and information. They offer an essential perspective on the status of this genre of legal writing through an exposition of a range of emerging issues in the late nineteenth century. (shrink)

Springer focuses on the nature and challenges of "leadership" in contemporary environmental diplomacy since the 1992 Earth Summit in Rio de Janeiro, Brazil.

Law's article begins by restating the classical ANT position that objects do not exist `in themselves' but are the effect of a performative stabilization of relational networks. In addition, these material enactments inevitably have a spatial dimension; they simultaneously establish spatial conditions for objectual identity, continuity, and difference. Space must not be reified as a natural, pre-existing container of the social and the material, but is itself a performance. Moreover, there are multiple forms of spatiality beyond the Euclidean space (...) of regions (e.g. networks and fluids), and objects may exist and achieve homeomorphism within several different spatial systems. Technologies such as the Zimbabwe Bush Pump present a fluid object which is able to exist and cohere without the presence of fixed boundaries or the permanence of a particular functional definition. The network logic, however, which gravitates towards stability and functionality, tends to exclude and silence this spatial Other. An alternative political ontology is needed which goes beyond the reification of network space in order to give voice to the fluid objects which escape its unidimensional functionality. (shrink)

Public policy tries to promote appropriate drug use by allowing firms to market drugs in interstate commerce only for uses that the Food and Drug Administration has found to be safe and effective. Because of their medical knowledge, physicians are authorized to prescribe drugs even for uses unapproved by the FDA. Nevertheless, physicians have relied on drug firms for information on appropriate prescribing despite the inherent tension between drug firm dissemination of information to promote sales and rational prescribing. In the (...) past, physicians often relied particularly on drug firm advertising for information on drug use. Today, physicians rely on drug firms to finance continuing medical education. A historical review reveals connections between these two different ways commercial interests have influenced the information that physicians receive and points the way to needed reforms. (shrink)

Who is the 'I' that performs? The arts of the twentieth and twenty-first centuries have pushed us relentlessly to reconsider our notions of the self, expression, and communication: to ask ourselves, again and again, who we think we are and how we can speak meaningfully to one another. Although in other performing arts studies, especially of theatre, the performance of selfhood and identity continues to be a matter of lively debate in both practice and theory, the question of how a (...) sense of self is manifested through musical performance has been neglected. The authors of 'Voices, Bodies, Practices' are all musician-researchers: the book employs artistic research to explore how embodied performing "voices" can emerge from the interactions of individual performers and composers, musical materials, instruments, mediating technologies, and performance contexts. (shrink)

Music reflects subjectivity and identity: that idea is now deeply ingrained in both musicology and popular media commentary. The study of music across cultures and practices often addresses the enactment of subjectivity "in" music - how music expresses or represents "an' individual or "a" group. However, a sense of selfhood is also formed and continually reformed through musical practices, not least performance. How does this take place? How might the work of practitioners reveal aspects of this process? In what sense (...) is subjectivity performed in and through musical practices? This book explores these questions in relation to a range of artistic research involving contemporary musical practices, drawing on perspectives from performance studies, phenomenology, embodied cognition, and theories of gendered and cultural identity. (shrink)

It is commonly thought that before the introduction of quantum mechanics, determinism was a straightforward consequence of the laws of mechanics. However, around the nineteenth century, many physicists, for various reasons, did not regard determinism as a provable feature of physics. This is not to say that physicists in this period were not committed to determinism; there were some physicists who argued for fundamental indeterminism, but most were committed to determinism in some sense. However, for them, determinism was often not (...) a provable feature of physical theory, but rather an a priori principle or a methodological presupposition. Determinism was strongly connected with principles of causality and continuity and the principle of sufficient reason; this thesis examines the relevance of these principles in the history of physics. Moreover, the history of determinism in this period shows that there were essential changes in the relation between mathematics and physics: whereas in the eighteenth century, there were metaphysical arguments which lent support to differential calculus, by the early twentieth century the development of rigorous foundations of differential calculus led to concerns about its applicability in physics. The thesis consists of six papers. In the first paper, "On the origins and foundations of Laplacian determinism", I argue that Laplace, who is usually pointed out as the first major proponent of scientific determinism, did not derive his statement of determinism directly from the laws of mechanics; rather, his determinism has a background in eighteenth century Leibnizian metaphysics, and is ultimately based on the law of continuity and the principle of sufficient reason. These principles also provided a basis for the idea that one can find laws of nature in the form of differential equations which uniquely determine natural processes. In "The Norton dome and the nineteenth century foundations of determinism", I argue that an example of indeterminism in classical physics which has attracted attention in philosophy of physics in recent years, namely the Norton come, was already discussed during the nineteenth century. However, the significance which this type of indeterminism had back then is very different from the significance which the Norton dome currently has in philosophy of physics. This is explained by the fact that determinism was conceived of in an essentially different way: in particular, the nineteenth century authors who wrote about this type of indeterminism regarded determinism as an a priori principle rather than as a property of the equations of physics. In "Vital instability: life and free will in physics and physiology, 1860-1880", I show how Maxwell, Cournot, Stewart and Boussinesq used the possibility of unstable or indeterministic mechanical systems to argue that the will or a vital principle can intervene in organic processes without violating the laws of physics, so that a strictly dualist account of life and the mind is possible. Moreover, I show that their ideas can be understood as a reaction to the law of conservation of energy and to the way it was used in physiology to exclude vital and mental causes. In "The nineteenth century conflict between mechanism and irreversibility", I show that in the late nineteenth century, there was a widespread conflict between the aim of reducing physical processes to mechanics and the recognition that certain processes are irreversible. Whereas the so-called reversibility objection is known as an objection that was made to the kinetic theory of gases, it in fact appeared in a wide range of arguments, and was susceptible to very different interpretations. It was only when the project of reducing all of physics to mechanics lost favor, in the late nineteenth century, that the reversibility objection came to be used as an argument against mechanism and against the kinetic theory of gases. In "Continuity in nature and in mathematics: Boltzmann and Poincaré", I show that the development of rigorous foundations of differential calculus in the nineteenth century led to concerns about its applicability in physics: through this development, differential calculus was made independent of empirical and intuitive notions of continuity and was instead based on mathematical continuity conditions, and for Boltzmann and Poincaré, the applicability of differential calculus in physics depended on whether these continuity conditions could be given a foundation in intuition or experience. In the final paper, "Determinism around 1900", I briefly discuss the implications of the developments described in the previous two papers for the history of determinism in physics, through a discussion of determinism in Mach, Poincaré and Boltzmann. I show that neither of them regards determinism as a property of the laws of mechanics; rather, for them, determinism is a precondition for science, which can be verified to the extent that science is successful. (shrink)

Taking Poland as a case study, this article examines the sociological and historical-institutional factors that determine the relationship between the process of medical professionalisation and reproductive rights in transitional societies. Focusing on three periods in Polish history, (a) Partition era (1772–1918), (b) the Second Polish Republic (1918–1939), and (c) the post-war period (1945–1989), it identifies ruptures and continuities that have shaped the development of the Polish medical profession and its attitude towards abortion care today. Using insights from feminist historical institutionalism, (...) abortion studies, and the sociology of professions, the article applies the concept of ‘dialectical transformations’ to explain institutional and policy reproduction and change over time. It shows how professional and legal institutions are often transferred from one systemic context to another by individuals or organisations whose positions move from opposition to dominance. Understanding such processes is especially important in light of the retrenchment of reproductive rights across the globe. (shrink)

In the mid-eighteenth century, it was usually taken for granted that all curves described by a single mathematical function were continuous, which meant that they had a shape without bends and a well-defined derivative. In this paper I discuss arguments for this claim made by two authors, Emilie du Châtelet and Roger Boscovich. I show that according to them, the claim follows from the law of continuity, which also applies to natural processes, so that natural processes and mathematical functions (...) have a shared characteristic of being continuous. However, there were certain problems with their argument, and they had to deal with a counterexample, namely a mathematical function that seemed to describe a discontinuous curve. (shrink)

This paper has attempted to steer a middle course between two opposing views. Although the examination tilts in favour of the conservationist, by proposing legal regulation of the practice, it also seeks to contain the fear of the abolitionist. The proposed regulation will make it illegal for minors to undergo female circumcision, and only those adults who wish to have it done will be permitted under the strict scrutiny of the law.Female circumcision has returned to mainstream debate again and one (...) hopes that this time a compromise acceptable to the abolitionists and the conservationists will be forged. The latter group should be given the opportunity of expressing its view without fear of being regarded with contempt. Such a cordial approach will foster a fair debate between the various interest groups that is long overdue. (shrink)

Euan Macphail’s work and ideas captured a pivotal time in the late 20th century when behavioral laws were considered to apply equally across vertebrates, implying equal intelligence, but it was also a time when behaviorism was challenged by the view that language was unique to humans, and bestowed a superior mental status. Subsequent work suggests greater continuity between humans and their forebears, challenging the Chomskyan assumption that language evolved in a single step (“the great leap forward”) in humans. Language (...) is now understood to be based on an amalgam of cognitive functions, including mental time travel, theory of mind, and what may be more broadly defined as imagination. These functions probably evolved gradually in hominin evolution and are present in varying degrees in non-human species. The blending of language into cognition provides for both interspecies differences in mental function, and continuity between humans and other species. What does seem to be special to humans is the ability to communicate the contents of imagination, although even this is not absolute, and is perhaps less adaptive than we like to think. (shrink)

This brief position paper is stimulated from the continued need to define and redefine the area of transpersonal psychology. Understandably, being able to articulate what ‘transpersonal psychology’ is enables discussions within the wider academic and public community, yet all existing definitions are complex, conveying a number of inherent meanings in their definition, which in turn, can cloud others’ perceptions on the area.

Concerns for safety and security as South Africa’s hosting of 2010 FIFA World Cup draws nearer highlight the degree to which South Africa’s reputation for a relatively peaceful transition from Apartheid has been replaced by its reputation for violent crime. Its transition, and the peacebuilding efforts that followed it, are not completely unrelated to its current high levels of violent crime. In fact, this article argues that there were a number of issues South Africa’s peacebuilding process failed to address that (...) are relevant to the country’s violent crime situation. A significant reason for this failure was an inability or unwillingness to engage the full spectrum of Apartheid’s violence with equal rigour. Apartheid inflicted structural violence, through its racially oppressive laws, as well as physical violence, through enforcing its laws and suppressing its opposition, on the people of South Africa. Peacebuilding in South Africa primarily focused on Apartheid’s physical violence. Through the work of the Truth and Reconciliation Commission, the focus was narrowed down further to physical political violence. Due to this narrow focus, it did not attend effectively to non-political violence – which includes gender-based violence, the esteem violence had attained during and due to Apartheid, disarming the country of illegal firearms, and narrowing the income gap between the country’s rich and poor. While South Africa proudly claims ownership of its conflict resolution and peacebuilding processes, it still emulated predominant models of building peace through liberal democracy and a market economy. These models have been drawn from Western success stories in diminishing interstate conflict, while South Africa is a developing country that was recovering from an intrastate conflict. Pursuing these models has had benefits for South Africa, but not in many of the ways it needed in order to effectively prevent a surge in criminal violence in the wake of Apartheid. (shrink)

It is well known that successive observations of the instantaneous state of a decaying system lead to a modified decay law. In the limit of infinitely frequent observations, the modified lifetime becomes infinite (“Zeno's paradox”). We study here the behavior of decaying systems under continuous rather than successive observations. Such continuous observation is achieved by a permanent coupling of the decaying system to a counter, which is sufficiently sensitive to the presence of the decay products. For two explicitly soluble models (...) we obtain a result very similar to Zeno's paradox: The observation again strongly modifies the decay law, and prevents the decay completely in the limit of a perfect (i.e., infinitely sensitive) counter. Like Zeno's paradox, however, this “watchdog effect” is not very likely to be detected in actual experiments, e.g., with radioactive nuclei. (shrink)

We present our method for tackling a legal case retrieval task by introducing our method of encoding documents by summarizing them into continuous vector space via our phrase scoring framework utilizing deep neural networks. On the other hand, we explore the benefits from combining lexical features and latent features generated with neural networks. Our experiments show that lexical features and latent features generated with neural networks complement each other to improve the retrieval system performance. Furthermore, our experimental results suggest the (...) importance of case summarization in different aspects: using provided summaries and performing encoded summarization. Our approach achieved F1 of 65.6% and 57.6% on the experimental datasets of legal case retrieval tasks. (shrink)

Criticising judges : fair game or off-limits? -- Academics and judges -- Are the judges too powerful? -- Magna Carta and compensation culture -- Does judicial review undermine democracy? -- Liability of public authorities in negligence -- The shifting sands of statutory interpretation -- Time to call it a day : some reflections on finality and the law -- The globalisation of law -- Recent developments in commercial law conference -- The contribution of construction cases to the development of the (...) common law -- What is wrong with human rights? -- Human rights in an age of terrorism -- Religion and the law : some current problems -- The extraterritorial application of the European Convention on Human Rights : now on a firmer footing, but is it a sound one? -- Magna Carta--liberties, customs, and the free flow of trade -- Delay too often defeats justice -- Magna Carta and religion -- Runnymede -- Advocates as protectors of the rule of law -- Litigators--survive and thrive -- The Jackson reforms and civil justice -- Sharpening the public gaze : advances in open justice in England and Wales -- Threats to justice in the twenty-first century -- Halsey 10 years on---the decision revisited -- Arbitration versus litigation -- Arbitration after Brussels I reform -- School speech day -- How my classical education has affected my life -- Valedictory -- Changes in the law in the last 50 years. (shrink)

As we write this paper in spring 2008, many are hopeful that November’s election will open the door to some form of comprehensive health care reform. In all likelihood, we will elect a president who has campaigned to a greater or lesser extent on promises of improving access to health care, improving quality, and reducing costs. Equally important, it seems likely that the 111th Congress is preparing to undertake meaningful health care reform. And perhaps most important, despite recent attention to (...) energy issues and the economy, opinion polls consistently show that the American public continues to rank health care as one of the two or three most important domestic issues in the fall elections and supports comprehensive health care reform. (shrink)

The first part of the paper discusses the origins and meaning of democracy relative to the development of Christian political thought through the modern period; it is important here that democracy means something different in the ancient world than it does in the modern. The second part discusses the view of democracy proposed in the formative period of modern Catholic social doctrine in especially from the pontificate of Leo XIII to the Second Vatican Council. The third part analyzes the political (...) thought of St. John Paul II which seems to be the apogee of Catholic thinking about democracy. The fourth part discusses some remaining tensions and problems related to democracy that are articulated partly also in John Paul II’s thought, but in a sharper way in the thought of Pope Benedict XVI and one quite prominent challenge to the Catholic view of democracy in the phenomenon of pluralism. One can see in this history that the Church has gradually come to appreciate democracy not simply as an acceptable form of government, one that is not intrinsically at odds with Christianity, but in a positive sense, as an opportunity for human beings to achieve a level of moral development not available in other regimes. But there remain challenges associated with democracy to government and social life consistent with the natural moral law and to Christian faith. (shrink)

We propose that all actual causes are simultaneous with their direct effects, as illustrated by both everyday examples and the laws of physics. We contrast this view with the sequential conception of causation, according to which causes must occur prior to their effects. The key difference between the two views of causation lies in differing assumptions about the mathematical structure of time.

We examined participants' reading and recall of informed consent documents presented via paper or computer. Within each presentation medium, we presented the document as a continuous or paginated document to simulate common computer and paper presentation formats. Participants took slightly longer to read paginated and computer informed consent documents and recalled slightly more information from the paginated documents. We concluded that obtaining informed consent online is not substantially different than obtaining it via paper presentation. We also provide suggestions for improving (...) informed consent-in both face-to-face and online experiments. (shrink)

In 2015, the major critical care societies issued guidelines outlining a procedural approach to resolving intractable conflict between healthcare professionals and surrogates over life-sustaining treatments (LST). We report our experience with a resolving conflict procedure. This was a retrospective, single-centre cohort study of ethics consultations involving intractable conflict over LST. The resolving conflict process was initiated eleven times for ten patients over 2,015 ethics consultations from 2000 to 2020. In all cases, the ethics committee recommended withdrawal of the contested LST. (...) In seven cases, the patient died or was transferred or a legal injunction was obtained before completion of the process. In the four cases in which LST was withdrawn, the time from ethics consultation to withdrawal of LST was 24.8 ± 12.2 days. Healthcare provider and surrogate were often distressed during the process, sometimes resulting in escalation of conflict and legal action. In some cases, however, surrogates appeared relieved that they did not have to make the final decision regarding LST. Challenges regarding implementation included the time needed for process completion and limited usefulness in emergent situations. Although it is feasible to implement a due process approach to conflict over LST, there are factors that limit the procedure’s usefulness. (shrink)

Cet article traite de l’histoire du law french, un idiome dont les débuts ont émergé durant le règne de Henri II d’Angleterre et qui a dominé le monde juridique du common law anglais jusqu’au début du XVIIIe siècle. L’anglo-français a joué un rôle essentiel lors de la fondation du common law. Il s’agissait de la construction d’un double édifice interdépendant : le droit et ses concepts en plein développement, d’un côté, et une langue s’enrichissant d’un vocabulaire de plus en plus (...) technique et spécialisé, de l’autre. L’utilisation continue du law french dans les rangs des juristes, combinée au déclin général de l’usage de l’anglo-normand dans le reste de la société, a contribué à la formation d’une langue qui n’a bientôt été plus compréhensible que pour les spécialistes de droit. Ainsi toutes personnes non instruites dans les sciences du droit se sont trouvées exclues de ce domaine, non seulement par une terminologie en raison de l’objet des textes, mais par l’usage d’une langue de plus en plus étrangère. (shrink)

"E. B. Pashukanis was the most significant contemporary to develop a fresh, new Marxist perspective in post-revolutionary Russia. In 1924 he wrote what is probably his most influential work, The General Theory of Law and Marxism. In the second edition, 1926, he stated that this work was not to be seen as a final product but more for ""self-clarification"" in hopes of adding ""stimulus and material for further discussion."" A third edition was printed in 1927. Pashukanis's ""commodity-exchange"" theory of law (...) spearheaded a perspective that traced the form of law, not to class interests, but to capital logic itself. Until his death, he continued to argue for the ideal of the withering away of the state, law, and the juridic subject. He eventually arrived at a position contrary to Stalin's who, at that time, was attempting to consolidate and strengthen the state apparatus under the name of the dictatorship of the proletariat. Inevitably, Pashukanis was branded an enemy of the revolution in January 1937. His works were subsequently removed from soviet libraries. In 1954, Pashukanis was ""rehabilitated"" by the Soviets and restored to an acceptable position in the historical development of marxist law. In Europe and North America, a number of legal theorists only rediscovered Pashukanis's work in the late 1970s. They subjected it to careful critical analysis, and realized that he offered an alternative to the traditional Marxist interpretations, which saw law simply and purely as tied to class interests of domination. By the mid-1980s the instrumental Marxist perspective in vogue in Marxist sociology, criminology, politics, and economics gave way, to a significant extent due to Pashukanis's insights, to a more structural Marxist accounting of the relationship of law to economics and other social spheres." --Descripción del editor. (shrink)

A collegial procedure refers to the fact that, before making a delicate medical decision, the opinion of the entire care team responsible for the patient is sought, including nurses and orderlies, among others. The Claeys-Leonetti end-of-life law (2016) enshrines this in French law as mandatory when implementing deep and continuous sedation until death (DCSD). The aim of the study was to take stock of the awareness of this aspect of the law among all the healthcare staff of a cancer institute (...) and to identify how collegiality was established for a DCSD decision, depending on the department. We administered an anonymous online questionnaire to all those involved in healthcare (knowledge of the Claeys-Leonetti Act), and then met healthcare workers from the various departments in discussion groups (managers, nursing staff and orderlies) or in individual interviews (doctors). The results show that young healthcare staff (with less than 5 years’ experience) are more familiar with the law, across all professions, and that nurses and orderlies are more likely to assert their rights than doctors. We report on the diversity of the implementation of collegiality for sedation decisions, in terms of formalisation, standardisation and inter-professionalisation. We conclude that the implementation of collegiality in advance of a decision broadens the methods of multi/inter-professional communication and helps to alleviate the suffering of patients, doctors and care givers. (shrink)

This chapter discusses the application of international humanitarian law (IHL) to EU military operations outside of the European Union (EU). It describes where the Union has performed best: promoting the development, acceptance, and respect of IHL by others. EU restrictive measures may be taken in its commercial policy, its foreign and security policy, and its development cooperation policy. A field in which the European Union may have a direct impact on violations of IHL is the export of arms. EU member (...) states continue to be involved in armed conflicts, but EU law did not govern their involvement. Therefore, the relationship between IHL and EU law is fortunately not (yet) an issue of daily concern for practitioners and EU institutions. In the instances in which the European Union has been a military actor abroad, IHL arguably did not apply because the Union had not become a party to an armed conflict. (shrink)