There is an old and powerful argument for the claim that divine foreknowledge is incompatible with the freedom to do otherwise. A recent response to this argument, sometimes called the “dependence response,” centers around the claim that God’s relevant past beliefs depend on the relevant agent’s current or future behavior in a certain way. This paper offers a new argument for the dependence response, one that revolves around different cases of time travel. Somewhat serendipitously, the argument also paves the way (...) for a new reply to a compelling objection to the dependence response, the challenge from prepunishment. But perhaps not so serendipitously, the argument also renders the dependence response incompatible with certain views of providence. (shrink)

This paper investigates force shift, a phenomenon in which the canonical discourse conventions, or force, associated with a clause type can be overridden to yield polar questions with the help of additional force-indicating devices. Previous studies attribute force shift to the presence of a complex question force component operating on semantic content. Based on utterance particles and particle clusters in Cantonese, we analyze force shift as resulting from compositional operations on force-bearing expressions. We propose that a simplex force, such as (...) assertion or question, denotes unanchored sentence acts, while a force-shifting particle like Cantonese _ho2_ is an anchoring function anchoring a sentence act to the speaker while querying whether or not the addressee can perform the sentence act. The proposed semantics makes predictions about _ho2_’s interactions with addressee-changing operations and imperatives, as well as about a larger family of force shift phenomena. (shrink)

Suppose Molinism is true and God placed Adam in the garden because God knew Adam would freely eat of the fruit. Suppose further that, had it not been true that Adam would freely eat of the fruit, were he placed in the garden, God would have placed someone else there instead. When Adam freely eats of the fruit, is he free to do otherwise? This paper argues that there is a strong case for both a positive and a negative (...) answer. Assuming such cases are possible under Molinism, we are left with a puzzling question: if Molinism is true, what can you do? (shrink)

Despite the long history of beliefs about the therapeutic properties of work for people with mental ill health, rarely has therapeutic work itself been a focus for historical analysis. In this article, the development of a therapeutic work ethic (1813—1979) is presented, drawing particular attention to the changing character and quality of beliefs about therapeutic work throughout time. From hospital factories to radical ‘antipsychiatric’ communities, the article reveals the myriad forms of activities that have variously been considered fit work for (...) people with mental health problems. While popular stereotypes of basket-weaving paint a hapless portrait of institutional work, a more nuanced reading of therapeutic work and its political and philosophical commitments is advanced. The article concludes by arguing that the non-linear and inherently contested development of therapeutic work is less the effect of paradigmatic shifts within the therapeutic professions, but rather evidence of a broader human struggle with work. (shrink)

Hudson has formulated two local deterministic theses and argued that both are incompatible with freedom. We argue that Hudson has half the story right. Moreover, reflection on Hudson’s theses brings out an important point for debates about freedom generally: that instead of focusing on the notion of entailment, debates about freedom should focus on the notions of explanation and sourcehood. Hudson’s theses provide an excellent case study for why the latter notions ought to take precedence over the former in (...) debates about freedom. (shrink)

"Case notes." Ethos: Official Publication of the Law Society of the Australian Capital Territory, (199), pp. 34–35.

This paper asks whether geographically localised, or ‘hyperlocal’, uses of Twitter succeed in creating peer-to-peer neighbourhood networks or simply act as broadcast media at a reduced scale. Literature drawn from the smart cities discourse and from a UK research project into hyperlocal media, respectively, take on these two opposing interpretations. Evidence gathered in the case study presented here is consistent with the latter, and on this basis we criticise the notion that hyperlocal social media can be seen as a (...) community in itself. We demonstrate this by creating a network map of Twitter followers of a popular hyperlocal blog in Brockley, southeast London. We describe various attributes of this network including its average degree and clustering coefficient to suggest that a small and highly connected cluster of visible local entities such as businesses form a clique at the centre of this network, with individual residents following these but not one another. We then plot the locations of these entities and demonstrate that sub-communities in the network are formed due to close geographical proximity between smaller sets of businesses. These observations are illustrated with qualitative evidence from interviews with users who suggest instead that rather than being connected to one another they benefit from what has been described as ‘neighbourhood storytelling’. Despite the limitations of working with Twitter data, we propose that this multi-modal approach offers a valuable way to investigate the experience of using social media as a communication tool in urban neighbourhoods. (shrink)

In Mengzi 6A4, Gaozi states that “yì 義 (propriety, rightness) is external, not internal.” In 6A5, Meng Jizi says of yì that “...it is on the external, not from the internal.” Their defenses are met with Mengzi’s resistance. What does he perceive and resist in these statements? Focusing on several key passages, I compare six promising interpretations. 6A4 and a relevant part of 2A2 can be rendered comparably sensible under each of the six. However, what Gaozi says in 6A1 clearly (...) is evidence to Mengzi that, of the six views, Gaozi holds three although he does not convey them in his statement. As for Meng Jiz’s defense of his statement, Meng Jizi cites a special occasion where one is required to act one way even though one would feel a different way. Mengzi’s response has been traditionally interpreted as boiling down to a dissenting opinion about empirical psychology, that the agent on that special occasion would in fact feel the same way as they ought to act. But on a more charitable reading, the point Mengzi makes is conceptual: Though the satisfaction of yì may not require that the feeling and the act align perfectly in this case, cases where the alignment obtains are conceptually prior. This not only refutes Meng Jizi’s statement but also enables a more elegant explanation of why the Mengzi rightly has no record of Mengzi affirming that yì is internal. I conclude that 6A5 itself uniquely favors one interpretation, as far as Meng Jizi’s position is concerned: How one feels is irrelevant to whether one satisfies yì. (shrink)

Fire safety expertise was in great demand following the Grenfell Tower fire in London in June 2017. The government established a review of building regulations and an expert panel to inform its responses to Grenfell, and many other relevant organisations also formed their own expert panels. However, expert knowledge in fire safety is a highly contested domain, with knowledge claims based on differing sources. Fire fighters can claim expertise based on their experience of fighting fires, scientists and science-based engineers can (...) claim expertise from experimentation, and those who create and enact regulations can claim expertise in what can termed ’codespeak’—the language of regulation. Although distanced from fundamental empirical experience of fire, codespeak is powerful because of its relative clarity and certainty, and legal status. Building users also bring their own form of ‘local’ expertise—they have first-hand experience of the practicalities of the solutions wrought by the other experts. Policy-makers thus face many competing forms of expert advice on fire safety, and their ability to judge what is most relevant in any particular case rests on the existence of a sufficient range and depth of in-house government expertise. (shrink)

This volume presents cutting edge research by many of the leading researchers in the field of religious epistemology, a field that has seen major development in recent years. This book attempts to answer the questions of: how reasonable is belief in God? Can a good evidential case be made either for the existence of God, or against the existence of God? Does the existence of enormous suffering, or religious disagreement, provide significant evidence against the existence of God? How might (...) we best come to know God? What's required for religious belief to qualify as rational? All of the papers included in this volume aim to be accessible to the interested layperson. (shrink)

Wittgenstein and Kripke disagree about the status of the proposition: the Standard Metre is one metre long. Wittgenstein believes it is necessary. Kripke argues that it is contingent. Kripke's argument depends crucially on a certain sort of thought‐experiment with which we are invited to test our intuitions about what is and isn’t necessary. In this paper I argue that, while Kripke's conclusion is strictly correct, nevertheless similar Kripke‐style thought experiments indicate that the metric system of measurement is after all relative (...) in something like the way Wittgenstein seems to think. Central to this paper is a thought‐experiment I call The Smedlium Case. (shrink)

In Beck, focus intervention is used as an argument for reducing Hamblin’s semantics for questions to Rooth’s focus semantics. Drawing on novel empirical evidence from Mandarin and English, we argue that this reduction is unwarranted. Maintaining both Hamblin’s original semantics and Rooth’s focus semantics not only allows for a more adequate account for focus intervention in questions, but also correctly predicts that focus intervention is a very general phenomenon caused by interaction of alternatives in different dimensions.

This paper suggests the adoption of a ‘capability approach’ to key concepts in healthcare. Recent developments in theoretical approaches to concepts such as ‘health’ and ‘disease’ are discussed, and a trend identified of thinking of health as a matter of having the capability to cope with life’s demands. This approach is contrasted with the WHO definition of health and Boorse’s biostatistical account. We outline the ‘capability approach’, which has become standard in development ethics and economics, and show how existing work (...) in those areas can profitably be adapted to healthcare. Cases are used to illustrate the value of adopting a capability approach. (shrink)

In this contribution to the Common Knowledge symposium “Fuzzy Studies,” the authors, all of whom work in the field of science, technology, and society, begin from the assumption that, as Bruno Latour has put it, “we have never been modern.” They accept the STS thesis that, while modern practices purport to be entirely rational and coherent, on closer inspection they turn out to be as much noncoherent as coherent. This article poses the question of what forms “noncoherences” take and how (...) they are managed. The basic argument is that there is a range of styles of noncoherence or “modes of syncretism.” In small case studies, the authors identify six such modes or styles, which they term denial, domestication, separation, care, conflict, and collapse. Given that consistency and coherence seem less important now than they were once taken to be — and given that the conditions of possibility for purity are, in any case, in decline — this list and its supporting case studies, while not meant to be definitive, are offered as a way of understanding how practices that do not cohere may still function and fit together admirably. (shrink)

Can researchers, interested in novel ways to assess HIV seroprevalence among populations which are otherwise hidden, collect condoms that have been discarded on the ground in a public sex environment and test them for HIV? Researchers, who use other types of abandoned samples, such as discarded syringes, hair or saliva samples, or excess biological samples, confront similar issues. This review evaluates whether such abandoned tissues can be studied based on U.S. Code of Federal Regulations and literature on related issues including: (...) research involving banked tissues, blinded seroprevalence studies, and property claims that individuals might make on the samples.It also addresses broader questions of potential for stigma and risk to individuals and communities. The article concludes that the research should be permitted legally because either it does not involve human subjects, or it satisfies the requirements for waiver of consent; and that the research should also be permitted because the ethical principal of avoiding harm to individuals is fully satisfied based on a careful reading of the lessons of the tissue bank, biological property rights, and blinded seroprevalence study debates, as well as a consideration of other potential harms that might be involved. (shrink)

Can researchers, interested in novel ways to assess HIV seroprevalence among populations which are otherwise hidden, collect condoms that have been discarded on the ground in a public sex environment and test them for HIV? Does the Code of Federal Regulations address this question, and if not, what areas of research ethics might provide guidance to an IRB considering such a study? These questions arose as part of a preliminary study to test the feasibility of collecting discarded condoms from a (...) public sex environment in Massachusetts, and testing contained semen for HIV. Although the methodology of this study is somewhat unusual, the questions raised are not. Researchers, who wish to use other types of abandoned samples such as discarded syringes, hair or saliva samples, or even excess biological samples, commonly confront similar issues, and the analysis utilized here could guide design and review of other studies. (shrink)

All insects appear to have a transport lipoprotein in the hemolymph (blood) that is responsible for moving hydrophobic materials through aqueous compartments. This has been called lipophorin because it is believed to be a reversible transport shuttle. Since most insects undergo some degree of metamorphosis from larval stages to the adult, the need to transport hydrophobic materials or the nature of these materials may change in the course of the life span. This is especially marked in the case of (...) the holometabolous insects – those which undergo drastic change of form, e.g. caterpillar‐pupa‐adult moth. We have found that lipophorin undergoes a molecular metamorphosis paralleling that of the insect. (shrink)

Society has historically not taken a benign view of genetic disease. The laws permitting sterilization of the mentally re tarded~ and those proscribing consanguineous marriages are but two examples. Indeed as far back as the 5th-10th centuries, B.C.E., consanguineous unions were outlawed (Leviticus XVIII, 6). Case law has traditionally tended toward the conservative. It is reactive rather than directive, exerting its influence only after an individual or group has sustained injury and brought suit. In contrast, state legislatures have not (...) been inhibited in enacting statutes. Many of their products can be characterized as hasty, unnecessary, ill-conceived, and based on the heart rather than the head. Moreover the lack of expert consultation sought has also been remarkable. One state legislature, for example, has advocated immunization for sickle cell anemia! Many others have enacted laws for the screening of inborn errors of metabolism, e.g., phenylketon uria, but have poorly defined the lines of responsibility to secure compliance. A spate of specific disease-related bills has emerged in the u.S. Congress, each seeking recognition and appropriations. Sickle cell anemia, hemophilia, Cooley's anemia and Tay-Sachs disease have been among the front-runners for support. Finally, in 1975, Congress has begun to examine an omnibus bill concerning all forms of genetic disease. The bill, termed the National Genetic Diseases Act is, however, still far from being enacted. (shrink)

Recent reports of the discovery of a “God module” in the human brain derive from the fact that epileptic seizures in the left temporal lobe are associated with ecstatic feelings sometimes described as an experience of the presence of God. The brain area involved has been described as either (a) the seat of an innate human faculty for experiencing the divine or (b) the seat of religious delusions.In fact, religious experience is extremely various and involves many parts of the brain, (...) including some that are prehuman in their evolutionary history and some that are characteristically human. In the continuing integration of such experiences, spiritual formation takes place. Thus the entire human brain might be described as a “God module.”Such a process is only possible because of the brain's complexity. The human brain is the most complex entity for its size that we know of. As used here, complexity is a specialized term denoting the presence of a web of interlinked and significant connections—the more intricate the web, the more complex the entity. Complex systems develop only in a milieu that provides both lawfulness and freedom, and they tend to be self‐organizing, becoming more complex and more effective as a result of both inward and outward experience. The evidence suggests that both personal growth and spiritual growth are processes of complexification of character, and of the brain itself. This thesis is tested in light of the work of William James and James W. Fowler. (shrink)

Defamation law is a long-standing research focus. Previous studies on defamation law have pointed out the importance of balancing two fundamental issues in law, namely, protection of reputation and freedom of speech. The present corpus-based legal study, using ConcGram 1.0 as the analytical tool, examined the phraseological profile of reported cases on defamation in Hong Kong in order to find out the types of defense and the approach to meaning in the defamation case law in Hong Kong. Regarding defenses (...) to a defamation claim, the results show that fair comment, qualified privilege, and justification are the most prevalent types, that unintentional defamation is not used at all, and that there has been a noticeable shift from fair comment to honest comment. As for the approach to meaning, the ordinary and natural approach is found to be a pivotal means of solving the threshold problem in defamation cases, that is, whether the words involved are defamatory or not. (shrink)

The aim of the present article is to explain the role of the judiciary in forming the family policy in Lithuania. For this purpose in the first part of the article the legal basis for the state family policy formation is discussed. The conclusion is drawn that the judiciary is not separated from the formation of the family policy by any constitutional means. The article further describes how this function is actually implemented by the judiciary. The actual influence of the (...) judiciary is demonstrated by an analysis of the Lithuanian case law in three different areas: dissolution of marriage, child maintenance and the protection of the rights of children born outside marriage. The results of the analysis suggest that the influence of the judiciary on the state family policy works in diverse ways: when filling in legal gaps overlooked by the legislator; determining specific criteria which are important to the state family policy (while the legislator has determined only general principles); introducing international human rights standards in the national legal system, etc. One of the most controversial ways for the case law to influence the state family policy is through the modification of the legal regulation models prescribed by the laws. (shrink)

Case law retrieval is the task of locating truly relevant legal cases given an input query case. Unlike information retrieval for general texts, this task is more complex with two phases (legal case retrieval and legal case entailment) and much harder due to a number of reasons. First, both the query and candidate cases are long documents consisting of several paragraphs. This makes it difficult to model with representation learning that usually has restriction on input length. (...) Second, the concept of relevancy in this domain is defined based on the legal relation that goes beyond the lexical or topical relevance. This is a real challenge because normal text matching will not work. Third, building a large and accurate legal case dataset requires a lot of effort and expertise. This is obviously an obstacle to creating enough data for training deep retrieval models. In this paper, we propose a novel approach called supporting model that can deal with both phases. The underlying idea is the case–case supporting relation and the paragraph–paragraph as well as the decision-paragraph matching strategy. In addition, we propose a method to automatically create a large weak-labeling dataset to overcome the lack of data. The experiments showed that our solution has achieved the state-of-the-art results for both case retrieval and case entailment phases. (shrink)

Reporting and investigating research misconduct can lead to disciplinary proceedings being initiated, and ultimately to disciplinary sanctions being imposed on convicted scientists. The conversion of research misconduct findings into disciplinary sanctions is poorly understood. This article analyses all the disciplinary decisions handed down on appeal by the Conseil national de l'enseignement supérieur et de la recherche (CNESER) between 1991 and 2023, concerning breaches of research integrity by academics and doctoral students ( n = 333). Three findings are highlighted. Firstly, the (...) article describes how the CNESER sanctioned research misconduct even before the notion of research integrity became part of French law, by monitoring scientists’ compliance with “deontological rules”. Secondly, we show that assessing disciplinary fault involves evaluating a much broader set of circumstances than the mere existence of research misconduct, which can explain why the latter do not result in disciplinary sanctions or lighter sanctions. Thirdly, the research highlights situations where research misconduct is intertwined with other allegations, blurring the relative importance of these motives in the awarding of disciplinary sanctions. The article concludes with a call for greater accessibility to the disciplinary decisions handed down by universities in the first instance, as a key next step in gaining a better understanding of the disciplinary response to research misconduct. (shrink)

With the ever-growing accessibility of case law online, it has become challenging to manually identify case law relevant to one’s legal issue. In the Netherlands, the planned increase in the online publication of case law is expected to exacerbate this challenge. In this paper, we tried to predict whether court decisions are cited by other courts or not after being published, thus in a way distinguishing between more and less authoritative cases. This type of system may be (...) used to process the large amounts of available data by filtering out large quantities of non-authoritative decisions, thus helping legal practitioners and scholars to find relevant decisions more easily, and drastically reducing the time spent on preparation and analysis. For the Dutch Supreme Court, the match between our prediction and the actual data was relatively strong (with a Matthews Correlation Coefficient of 0.60). Our results were less successful for the Council of State and the district courts (MCC scores of 0.26 and 0.17, relatively). We also attempted to identify the most informative characteristics of a decision. We found that a completely explainable model, consisting only of handcrafted metadata features, performs almost as well as a less well-explainable system based on all text of the decision. (shrink)

The case law of the Court of Justice of the European Union is shaped by the language in which it is drafted—i.e. French. However, because French is rarely the mother tongue of those drafting that case law, the texts produced are often stilted and awkward. In addition, those drafting such case law are constrained in their use of language and style of writing. These factors have led to the development of a ‘Court French’ which necessarily shapes the (...) case law produced and has implications for its development, particularly insofar as it inevitably leads to a type of precedent in that case law. That case law also undergoes many permutations of translation into and out of up to 23 different languages. The resultant texts that make up the case law are hybrid in nature—consisting of a blend of cultural and linguistic patterns, constrained by a rigid formulistic drafting style and put through many permutations of translation. The present paper investigates the production of the Court’s multilingual case law and considers whether the hybrid nature of that case law can actually aid the presentation of a ‘uniform’ EU case law. (shrink)

I review the recent case of Edna Folz, a 73 year-old woman who was suffering through the end stages of very advanced Alzheimer's dementia when her case was adjudicated by the Wisconsin Supreme Court. I consider this case as an example of how courts are increasingly misinterpreting the ethical and legal decision-making standards known as substituted judgment and best interests and thereby threatening individuals' treatment decision-making rights as developed by other courts over the past two decades and (...) creating serious roadblocks to health-care providers' ability to render appropriate patient care. The Wisconsin Supreme Court held that Edna's legal guardian could not authorize withdrawal of Edna's treatment, ruling that as a matter of law, if an incompetent person is not in a persistent vegetative state, it is not in his or her best interests for life-sustaining treatment to be withdrawn unless (s)he has executed an advance directive or other statement clearly indicating his or her desires. (shrink)

The article is dedicated to determine de iure and de facto binding force of the case law of the Court of Justice of the European Union (hereinafter the ECJ) and its place in the system of legal sources in Latvia. The author concludes that the case law of the ECJ consists of legally important statements, which are included in judgements of the ECJ, namely, of an interpretation of legal norms, made by the ECJ, and of judge-made law norms, (...) which the ECJ has found in legal system by use of a further law-making. Therefore, it follows from the above that the case law of the ECJ is regarded as binding independent addition legal source in Latvia. This publication concerns not only Latvia, but also other European Union (hereinafter the EU) member states of the continental Europe or Romano-Germanic legal system. (shrink)

This book addresses the European Court of Human Rights’ fairness standards in criminal appeal, filling a gap in this less researched area of studies. Based on a fair trial immediacy requirement, the Court has found several violations of Article 6 of the European Convention on Human Rights at the appellate level by at least eighteen States of the Council of Europe in a vast array of cases, particularly in contexts of first instance acquittals overturning and of sentences increasing on appeal. (...) -/- On the one hand, the book critically engages this case-law with the law revisions it has recently inspired in European countries, as well as with the critiques and difficulties that it continues to raise. On the other hand, it interweaves insight from criminal procedure theory with new discoveries in the field of cognitive sciences (neuroscience of memory, philosophy of knowledge, AI), shedding an interdisciplinary light on the (in)adequacy and limits of the Strasbourg Court’s jurisprudence. (shrink)

The paper focuses on the general principles established in the caselaw of the European Court of Human Rights while applying and interpreting the Article 3 of the First Protocol of the Convention for the Protection of Human Rights and Fundamental Freedoms which provides: „The High Contracting Parties undertake to hold free elections at reasonable intervals by secret ballot, under conditions which will ensure the free expression of the opinion of the people in the choice of the legislature.“ Article 3 of (...) the First Protocol enshrines a fundamental principle for effective political democracy, and is accordingly of prime importance in the Convention system. It refers not only to positive obligation of the Contracting State to organize democratic elections, but also guarantees individual rights, including the right to vote and the right to stand for election, although this is not explicitly stated in it. These rights are not absolute; there is room for “implied limitations” and Contracting States are given a wide margin of appreciation in this sphere. However, these limitations must be such that the rights in question were not curtailed to such an extent as to impair their very essence and deprive them of their effectiveness, should be imposed in pursuit of a legitimate aim and should not be disproportionate. (shrink)

Media, police, and educational responses to nonconsensual pornography (i.e. ‘revenge porn’) have been critiqued for relying on sex negative beliefs that result in victims of this act being blamed and shamed for their own victimisation. In this article I analyse judicial discourse in nonconsensual pornography case law to assess the extent to which sex negativity is embedded in legal responses. I find that, while overt victim blaming and shaming is not present in the judicial discourse, subtle forms of sex (...) negativity are expressed in a minority of cases through references to consensual youth image sharing as inappropriate and through the framing of reputational harms. I argue that it is essential for legal responses to not only avoid sex negative narratives (as most currently do) but to actively reveal and counter the sex negative beliefs that underlie many of the harms associated with nonconsensual pornography. (shrink)

The case of Charlie Gard sparked an ongoing public and academic debate whether in court decisions about medical treatment for children in England & Wales the best interests test should be replaced by a harm threshold. However, the literature has scantly considered (1) what the impact of such a replacement would be on future litigation and (2) how a harm threshold should be introduced: for triage or as standard for decision-making. This article directly addresses these gaps, by first analysing (...) reported cases in England & Wales about medical treatment in the context of a S31 order, thus using a harm threshold for triage and second comparing court decisions about medical treatment for children in England & Wales based on the best interest test with Dutch and German case law using a harm threshold. The investigation found that whilst no substantial increase of parental discretion can be expected an introduction of a harm threshold for triage would change litigation. In particular, cases in which harm is limited, currently only heard when there are concerns about parental decision-making, may be denied a court hearing as might cases in which the child has lost their capacity to suffer. Applying a harm threshold for triage in decisions about withholding or withdrawing life-sustaining treatment might lead to a continuation of medical treatment that could be considered futile. (shrink)

The medical profession consistently strives to uphold patient empowerment, equality and safety. It is ironic that now, at a time where advances in technology and knowledge have given us an increased capacity to preserve and prolong life, we find ourselves increasingly asking questions about the value of the lives we are saving. A recent editorial by Professor Raanan Gillon questions the emphasis that English law places on the sanctity of life doctrine. In what was described by Reverend Nick Donnelly as (...) a “manifesto for killing patients”, Professor Gillon argues that the sanctity of life law has gone too far because of its disregard for distributive justice and an incompetent person’s previously declared autonomy. This review begins by outlining the stance of the sanctity of life doctrine on decisions about administering, withholding and withdrawing life-prolonging treatment. Using this as a foundation for a rebuttal, a proposal is made that Professor Gillon’s assertions do not take the following into account. (shrink)

This paper examines the drive for consensus from the perspective of the good government framework for federal advisory commissions in the United States. Specifically, the paper examines the Federal Advisory Committee Act (FACA) – the statute, its regulations, and case law. It shows that the FACA was intended to be an antidote to abuses in consensus‐making processes, including the failure to fully include competing views on commissions. The index of suspicion in the FACA scheme rises when a group work (...) product – including a consensus report – is to be the basis of recommendations to federal officials. Once FACA's requirements regarding committee composition are satisfied, the index of suspicion drops and FACA is indifferent to consensus‐making; but the conditions for informed, meaningful participation apply to members who dissent from, as well as those who participate in, consensus. In negotiated rulemaking, the push for consensus and closure creates unacceptable tension with the good government goals of openness and accountability. Proponents of consensus‐only bioethics commissions can learn from FACA‐related legislative, agency, and judicial insights that consensus‐seeking is not always desired by government officials; is rarely cost free; and that diversity and dissent enhance openness, accountability, and fairness. The burden of proof is therefore on proponents of a consensus‐only standard for bioethics commissions to demonstrate that a drive for consensus furthers sound decision‐making by government officials more than it sets back openness and accountability to a diverse public. (shrink)

This paper examines the drive for consensus from the perspective of the good government framework for federal advisory commissions in the United States. Specifically, the paper examines the Federal Advisory Committee Act (FACA) – the statute, its regulations, and case law. It shows that the FACA was intended to be an antidote to abuses in consensus‐making processes, including the failure to fully include competing views on commissions. The index of suspicion in the FACA scheme rises when a group work (...) product – including a consensus report – is to be the basis of recommendations to federal officials. Once FACA's requirements regarding committee composition are satisfied, the index of suspicion drops and FACA is indifferent to consensus‐making; but the conditions for informed, meaningful participation apply to members who dissent from, as well as those who participate in, consensus. In negotiated rulemaking, the push for consensus and closure creates unacceptable tension with the good government goals of openness and accountability. Proponents of consensus‐only bioethics commissions can learn from FACA‐related legislative, agency, and judicial insights that consensus‐seeking is not always desired by government officials; is rarely cost free; and that diversity and dissent enhance openness, accountability, and fairness. The burden of proof is therefore on proponents of a consensus‐only standard for bioethics commissions to demonstrate that a drive for consensus furthers sound decision‐making by government officials more than it sets back openness and accountability to a diverse public. (shrink)

The development of in vitro fertilisation (IVF) as a treatment for human infertilty was among the most controversial medical achievements of the modern era. In Ireland, the fate and status of supranumary (non-transferred) embryos derived from IVF brings challenges both for clinical practice and public health policy because there is no judicial or legislative framework in place to address the medical, scientific, or ethical uncertainties. Complex legal issues exist regarding informed consent and ownership of embryos, particularly the use of non-transferred (...) embryos if a couple separates or divorces. But since case law is only beginning to emerge from outside Ireland and because legislation on IVF and human embryo status is entirely absent here, this matter is poised to raise contractual, constitutional and property law issues at the highest level. Our analysis examines this medico-legal challenge in an Irish context, and summarises key decisions on this issue rendered from other jurisdictions. The contractual issues raised by the Roche case regarding informed consent and the implications the initial judgment may have for future disputes over embryos are also discussed. Our research also considers a putative Constitutional 'right to procreate' and the implications EU law may have for an Irish case concerning the fate of frozen embryos. Since current Medical Council guidelines are insufficient to ensure appropriate regulation of the advanced reproductive technologies in Ireland, the report of the Commission on Assisted Human Reproduction is most likely to influence embryo custody disputes. Public policy requires the establishment and implementation of a more comprehensive legislative framework within which assisted reproductive medical services are offered. (shrink)

Comparative law is necessary in the modern era in which legal systems absorb ideas and elements from other legal systems and customary legal classifications are altered. Comparative law is closely intertwined with language because the research of different legal systems presupposes the study of legal texts written in different languages. Even if translation exists, a totally crucial issue arises: can the legal essence of the case law of a country be interpreted appropriately in any language but the original? The (...) link between law and language constitutes an absolutely essential relation, since language – through translation – is often the only way of accessing foreign law of foreign countries with different languages. So, the aforementioned relationship as well as its results in case law will be the main topic of this article. First of all, the use of language is of outmost importance to any legal system, as it serves as the means of enforcing written legal rules and contributes to their dissemination, codification and evolution. Both law and language are cultural phenomena and this is why they must be studied taking into account the temporal and social circumstances. Living in the era of multicultural societies and immigration, the need of not just translating but rather transferring the legal essence of the jurisprudence among the different countries with different cultures give prominence to the essential link between comparative law and language systems. Studying case law is regarded as a possibility to redirect judges and lawyers’ attention to the fact that the interpretation of the legal judgement is the cornerstone of a whole legal system of another country. The dynamic relationship of law and language dictates the result of the translation and interpretation of the case law of a specific country in relation to the case law of another country. Thus, comparative law comes out to serve as the guardian of the legal essence in order to transfer the legal point of the judge among different societies with different languages. (shrink)