Marie Madeleine Jodin, actress, philosophe and feminist, published in 1790 her Vues legislatives pour les femmes, addressed to the National Assembly, one of the first signed, woman-authored, feminist works of the Revolutionary period, which has been largely neglected by scholars. This study analyses her treatise's arguments in detail, relating its two principal themes; the reform of prostitution and a plea for the Assembly to pass laws permitting divorce, to the context of Enlightenment thought, as well as to Jodin's own experience. (...) The pivotal figure of Rousseau, figured by Jodin as an apostle of liberty and moral regeneration, is also viewed as a focus of contention, given his views on women's incapacity for public life. It will be argued that Jodin's proposal to set up a separate legislative body for women to deal with domestic issues (family violence etc.) and for the reform of prostitutes, whilst seemingly subscribing to Rousseau's separate spheres ideology, is in fact a repudiation of it. Though lauding the model of the bourgeois family and the maternal ideal, Jodin's treatise gravely undermines patriarchal authority in the private and the public spheres. (shrink)

Legislative scholars have debated what factors (e.g. divided government) account for the number of important laws a legislative body passes per year. This paper presents a monopoly model for explaining legislative production. It assumes that a legislature adjusts its law production so as to maximize its utility. The model predicts that socio-economic and political changes increase the marginal benefit of law production, whereas low negotiation costs and ample legislative resources decrease the marginal cost of law production. (...) The model is tested in two ways. The first approach compares the legislatures of 42 developed and developing countries. The second analyzes Japanese lawmaking from 1949 to 1990, using an appropriate method for event count time series data. Both empirical investigations support the model's predictions for legislative production. (shrink)

According to the Standard Picture of how law works, the content of the law that is created by legal texts such as statutes and constitutional provisions is determined by the meaning of these texts. Most proponents of this picture claim more specifically that the relevant notion of meaning in play is the communicative content of legal texts and that communicative content is itself determined by considerations of the intentions of legal authorities. In recent years, the Standard Picture has become the (...) subject of heated philosophical debate. Focusing on statutes as the paradigmatic type of legal texts, this thesis aims to contribute to this debate in two central ways. First, it argues that the aforementioned ‘intention-based’ versions of the Standard Picture lack convincing responses to three important objections that have been raised by critics. First, they lack an adequate account of how legislative bodies can be reasonably ascribed the intentions that they would need according to such versions. Second, they fail to explain important aspects of legal practice. Third, they provide at best a parochial theory of the content of the law that is generated by statutes. The second contribution is to provide a more sustained defence of the Standard Picture by developing a new ‘commitment-based’ version of this view. This version is based on an alternative theory of communication and claims that communicative content is not determined by considerations of intentions but rather by the commitments that are incurred by means of communicative acts. It is argued that this version can deal with the objections that have been raised by critics and therefore provides a more robust version of the Standard Picture. (shrink)

The main purpose of legal interpretation is to create conditions for the effective functioning of law and its components by clarifying their true content, which eliminates any doubts and ambiguities. The purpose of this article is: first, to analyze the provisions of current Ukrainian legislation for identifying the general approaches embodied in it and the principles for the implementation of legal interpretation activities by state power bodies; secondly: presentation on the basis of modern achievements and developments of legal science (...) of the system of measures for standardization of such activity, bringing it in line with the needs of law enforcement practice. The solution of the set tasks was carried out using the method of philosophical dialectics, a system of general scientific and special scientific methods of cognition, which are based on the principles of objectivity, comprehensiveness, complexity. Based on the analysis of the normative material, it is concluded that there is no single harmonized approach in the Ukrainian legislation on the procedure for providing clarifications of the content of normative-legal acts. The authors give arguments on the need to clarify and streamline the legal interpretation activity by state bodies and propose a number of measures to achieve this goal. Based on the conducted analysis of the normative material, the authors outline the main problematic issues of the legislative definition of the basics of legal interpretation and provide specific proposals for improving the current legislation in this area. (shrink)

_Bodies for Sale: Ethics and Exploitation in the Human Body Trade _explores the philosophical and practical issues raised by activities such as surrogacy and organ trafficking. Stephen Wilkinson asks what is it that makes some commercial uses of the body controversial, whether the arguments against commercial exploitation stand up, and whether legislation outlawing such practices is really justified. In Part One Wilkinson explains and analyses some of the notoriously slippery concepts used in the body commodification debate, including exploitation, harm and (...) consent. In Part Two he focuses on three controversial issues outlining contemporary regulation and investigating both the moral issues and the arguments for legal prohibition. (shrink)

This article proposes an innovative methodology for enhancing the technical validation, legal alignment and interdisciplinarity of attempts to encode legislation. In the context of an experiment that examines how different legally trained participants convert select provisions of the Australian Copyright Act 1968 (Cth) into machine-executable code, we find that a combination of manual and automated methods for coding validation, which focus on formal adherence to programming languages and conventions, can significantly increase the similarity of encoded rules between coders. Participants nonetheless (...) encountered various interpretive difficulties, including syntactic ambiguity, and intra- and intertextuality, which necessitated legal evaluation, as distinct from and in addition to coding validation. Many of these difficulties can be resolved through what we call a process of ‘legal alignment’ that aims to enhance the congruence between encoded provisions and the true meaning of a statute as determined by the courts. However, some difficulties cannot be overcome in advance, such as factual indeterminacy. Given the inherently interdisciplinary nature of encoding legislation, we argue that it is desirable for ‘rules as code’ (‘RaC’) initiatives to have, at a minimum, legal subject matter, statutory interpretation and technical programming expertise. Overall, we contend that technical validation, legal alignment and interdisciplinary teamwork are integral to the success of attempts to encode legislation. While legal alignment processes will vary depending on jurisdictionally-specific principles and practices of statutory interpretation, the technical and interdisciplinary components of our methodology are transferable across regulatory contexts, bodies of law and Commonwealth and other jurisdictions. (shrink)

“Nudging” is commonly seen as an appealing form of “Smart legislation” based on the findings of Behavioural sciences and alternative to traditional forms of regulation. However, notwithstanding the ever increasing references and a growing body of literature on its acceptability, a proper definition of the concept seems still lacking, since all the attempts to date have only provided over- or under-inclusive definitions. This chapter purports to offer a more plausible definition. Firstly, the received view and especially Thaler’s and Sunstein’s descriptions (...) of nudging will be examined and subjected to a first critical assessment. Secondly, a few examples will be made of policies enacted all around the world which are usually referred to as cases of nudging. Thirdly, some of the elements which have often been associated to nudging as its definitional features will be tested against the set of examples: such test will show that most of those elements must be done away with. Lastly, a “minimal” definition will be offered. While allowing us to distinguish nudging from other forms of conduct-influencing interventions, the minimal definition will exclude many features as its necessary conditions: among others, those related to specific ends and political ideologies. (shrink)

This is the first book to unpack the legal and ethical issues surrounding unauthorised intimate examinations during labour. The book uses feminist, socio-legal and philosophical tools to explore the issues of power, vulnerability and autonomy. The collection challenges the perception that the law adequately addresses different manifestations of unauthorised medical touch through the lens of women's experiences of unauthorised vaginal examinations during labour. The book unearths several broader themes that are of huge significance to lawyers and healthcare professionals such as (...) the legal status of women and their bodies. The book raises questions about women's experiences during childbirth in hospital settings. It explores the status of women's bodies during labour and childbirth where too easily they become objectified, and it raises important issues around consent. The book highlights links to the law on sexual offences and women's loss of power under the medical gaze. The book includes contributions from leading feminist philosophers, medical professionals, and academics in medicine and law, and offers pioneering analysis relevant to lawyers and healthcare professionals with an interest in medical law and ethics; feminist theory; criminal law; tort law; and human rights law. (shrink)

Thus, Meyers provides a valuable account, not only of current medical attitudes, but also of relevant case and statute law as it stands at present.

Determining which moral principles should guide political action is a vexing question in political theory. This is especially true when faced with the "toleration paradox": believing that something is morally wrong but also believing that it is wrong to suppress it. In this book, Alex Tuckness argues that John Locke's potential contribution to this debate--what Tuckness terms the "legislative point of view"--has long been obscured by overemphasis on his doctrine of consent. Building on a line of reasoning Locke made (...) explicit in his later writings on religious toleration, Tuckness explores the idea that we should act politically only on those moral principles that a reasonable legislator would endorse; someone, that is, who would avoid enacting measures that could be self-defeating when applied by fallible human beings.Tuckness argues that the legislative point of view has implications that go far beyond the question of religious toleration. Locke suggests an approach to political justification that is a provocative alternative to the utilitarian, contractualist, and perfectionist approaches dominating contemporary liberalism. The legislative point of view is relevant to our thinking about many types of disputed principles, Tuckness writes. He examines claims of moral wrong, invocations of the public good, and contested political roles with emphasis on the roles of legislators and judges. This book is must reading not only for students and scholars of Locke but all those interested in liberalism, toleration, and constitutional theory. (shrink)

Background: The role of nurses as patient advocates is one which is well recognised, supported and the subject of a broad body of literature. One of the key impediments to the role of the nurse as patient advocate is the lack of support and legislative frameworks. Within a broad range of activities constituting advocacy, whistleblowing is currently the subject of much discussion in the light of the Mid Staffordshire inquiry in the United Kingdom and other instances of patient mistreatment. (...) As a result steps to amend existing whistleblowing legislation where it exists or introduce it where it does not are underway. Objective: This paper traces the development of legislation for advocacy. Conclusion: The authors argue that while any legislation supporting advocacy is welcome, legislation on its own will not encourage or enable nurses to whistleblow. (shrink)

This edited volume covers new ground by bringing together perspectives from symbolic legislation theory on the one hand, and from biolaw and bioethics on the other hand. Symbolic legislation has a bad name. It usually refers to instances of legislation which are ineffective and that serve other political and social goals than the goals officially stated. Recently, a more positive notion of symbolic legislation has emerged in legislative theory. From this perspective, symbolic legislation is regarded as a positive alternative (...) to the more traditional, top-down legislative approach. The legislature no longer merely issues commands backed up with severe sanctions, as in instrumental legislation. Instead, lawmakers provide open and aspirational norms that are meant to change behavior not by means of threat, but indirectly, through debate and social interaction. Since the 1990s, biomedical developments have revived discussions on symbolic legislation. One of the reasons is that biomedical legislation touches on deep-rooted, symbolic-cultural representations of the biological aspects of human life. Moreover, as it is often impossible to reach consensus on these controversial questions, legislators have sought alternative ways to develop legal frameworks. Consequently, communicative and interactive approaches to legislation are prominent within the governance of medical biotechnology. The symbolic dimensions of biolaw are often overlooked. Yet, it is clear that the symbolic is at the heart of many legal-political debates on bioethical questions. Since the rise of biomedical technologies, human body materials have acquired a scientific, medical and even commercial value. These new approaches, which radically question existing legal symbolizations of the human body, raise the question whether and how the law should continue to reflect symbolic values and meanings. Moreover, how can we decide what these symbolic values are, given the fact that we live in a pluralistic society? (shrink)

This article is a summary of the results of the parliamentary election held on 17th December 1978. The balloting came in the wake of an early dissolution of the legislative bodies elected in 1977.The main feature of the election is that voters largely confirmed the 1977 voting patterns and that the new bodies wilt be very similar to the former ones.The only really significant trend is the falling off of Volksunie and the ahead movement of Flemish liberals. (...) A second characteristic, together with an increased number of blank or spoilt ballot papers, is a slight breakthrough of new or minor lists of candidates, e.g. the Democratiec Union for Respect of Work, an anti-tax party, and a number of «green» lists.It came rather as a surprise that the Flemish Christian Democrats lost some ground, as public opinion polls and political observers had forecast a gain.It seems that the Flemish liberal promises for tax cuts attracted CVP voters to some extent, resulting in that party not fully cashing in on the Volksunie drop.In the Walloon region the balloting was characterized by a Socialist loss, and a gain by Christian Democrats.The Chambers elected in 1978 are constituent bodies. For the time being it cannot be said whether they will be in a position to achieve pacification between the Flemish and French-speaking communities andto put an end to the long controversy concerning devolution which has been prevailing on the Belgian political scene for many years. (shrink)

This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be (...) preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

In this thesis I outline a view of primary legislation from a systems perspective. I suggest that systems theory and, in particular, autopoietic theory, as modified by field theory, is a mechanism for understanding how society operates. The description of primary legislation that I outline differs markedly from any conventional definition in that I argue that primary legislation is not, and indeed cannot be, either a law or any of the euphemisms that are usually accorded to an enactment by a (...) parliament. I cite two reasons for such a conclusion. The primary reason for my conclusion is that I see primary legislation as being an output of a particular subsystem of society, while the law is the output of another subsystem of society. I argue that these outputs are the discrete products of separate subsystems of society. I argue that primary legislation should be viewed as a trinity. The first state of this trinity is that, upon enactment, primary legislation is a brute fact in that it is but a thing and the only property of this thing is that of being a text. The second state of this trinity is that following the act of enactment, the thing enacted will be reproduced and this reproduction is a separate thing that will sit in some repository until used. The third state of this trinity is that, upon use, this thing that is primary legislation will be transformed into an object and the user will attribute such functions and attributes to that object as are appropriate to the context within which the object is used. The thing has therefore become an object and an institutional fact. The second reason for my conclusion that primary legislation is not a law relates to the fact that the thing that is primary legislation is a text and the only function of a text is that it is available to be read. That is to say, of itself, a text is incapable of doing anything: it is the reader who defines the status of the text and attributes functions and attributes. Upon use, primary legislation thus becomes a censored input for future action and one of these actions may be some statement by a court of law. I assert that the view of primary legislation that has been accepted within the body politic is the product of the discourse of a particular subsystem of society that I have designated 'the legal practice', and I outline why and how this has occurred. Outlining a view about primary legislation also necessitates outlining a view as to the nature of the law. I assert that the law is a myth and I see this myth as a product of the discourse of the legal practice. I have asserted that although it is the judges that state the law, such statements flow from the discourse of those who practise the law. (shrink)

There is an increasing movement toward accessibility in arts spaces, including recent legislative changes and commitments at individual, organizational, and systemic levels to integrating access into the arts across Canada. In this article, we explore Relaxed Performance in the context of this movement. We present the results of a reflexive thematic analysis of interviews conducted with participants who completed RP training offered by the British Council to. understand the training’s effectiveness and impact. We explore the significance of the training, (...) and of RP in general, and in relation to disability studies and cultural and political activism. We undertake this exploration against a backdrop of interrogating who RP is for and by. The themes we describe are: Committed to Access, Training is Critical, Inviting Bodies to be Bodies, and Imagining Audiences. These themes tell a story of how RP relates to broader access work, the importance of training grounded in and led by disability/difference, the need to consider the relationships between bodies and spaces, and the tensions inherent to billing RP as “for all.” We conclude with an exploration of possible modifications, enhancements, or theoretical imaginings that could help RP to become more radically open to difference as it emerges, shifts, and changes. (shrink)

Although conventionally tracked in the "overdeveloped world" , assistive reproductive technologies are now available in many parts of the globe. This review essay reports on qualitative social science research on techniques such as In Vitro Fertilization, egg purchase, gestational surrogacy, and sex selection across national boundaries. It highlights the disruptions and recuperations of gender and generational relations; religious and legislative regulation; and the opportunities as well as oppressions that the commercialization of the reproductive body entail.

The Parliamentary Elections of 17 April 1977 revealed a great stability of the body of electors and largely confirmed the result of the communal elections of 1976. On the 393 seats in Parliament, only 38 went to another political family.Nevertheless, this stability does not exclude movements; in this context should be noted the severe set-back of the «Rassemblement Wallon» which looses nearly half of its voters. lts defeat principally benefits the Liberals and the Christian Democrats and, to a lesser extent, (...) the Socialists. In the Flemish region, the Socialists strengthen their position, whereas the Christian Democrats gain ground. Unexpected is the Liberals's setback. The «Volksunie» slightly recedes.In Brussels, PDF is undeniably successful and even exceeds its 1971 result. Communists are losing ground all over the country.In these elections which have been characterized by rather limited vote variations, the «communal tickets» recede, on the whole, to the benefit of the traditional parties which received a serious blow in 1971, but showed signs of a recovery as soon as 1974. (shrink)

As men and women increasingly share access to state power, there has been a question of whether women’s rising descriptive representation leads to substantive change, and a sizable body of literature suggests it does. As a mechanism for this effect, I theorize legislatures as gendered organizations that build gender into their institutional operation, as enmeshed in legislative committee systems. Using case studies of Germany, Sweden, and the United States, I examine 40 years of data collected on legislative committees (...) and memberships. This study reveals some similarities, where all committee systems emphasize gender-typed roles, particularly female legislators’ greater segregation into social issue committees. Yet, gender is constructed differentially across these organizations, and the nations vary in the gender structure of their committee systems, degree of gender segregation and typing, and gendered relations of power and prestige. Implications for integrating theories of gender as an institution, gendered organizations, and feminist institutionalism are discussed. (shrink)

This chapter contains sections titled: Point of Departure Kant's Concept of Dignity The Dignity of the Lived‐Body Bodily Authenticity.

The focus on animal welfare in society has increased during the last 50 years. Animal welfare legislation and private standards have developed, and today many farmers within animal production have both governmental legislation and private standards to comply with. In this paper intentions and values are described that were expressed in 14 animal welfare legislation and standards in four European countries; Sweden, United Kingdom, Germany and Spain. It is also discussed if the legislation and standards actually accomplish what they, in (...) their overall description and ethics, claimed to do, i.e. if this is followed up by relevant paragraphs in the actual body of the text in the legislation and standards respectively. The method used was an on-line questionnaire from the EconWelfare research project and text analyses. This study shows that the ethical values within a set of legislation or private standards are not always consistently implemented, and it is not always possible to follow a thread between the intentions mentioned initially and the actual details of the legislation or standard. Since values will differ so will also the animal welfare levels and the implications of similar concepts in the regulations. In general, the regulations described were not based on animal welfare considerations only, but also other aspects, such as food safety, meat quality, environmental aspects and socio-economic aspects were taken into account. This is understandable, but creates a gap between explicit and implicit values, which we argue, can be overcome if such considerations are made more transparent to the citizens/consumers. (shrink)

DNA profiling and databasing are now commonplace. A body of state and federal legislation enables the establishment and operation of profile databases for law-enforcement purposes. Enabling legislation is usually specific about who, or what evidence, may be profiled for a database. It may be less specific or silent on the issue of specimen retention following profiling and databasing.

Medical students commonly learn how to administer pelvic exams by practicing on unconscious patients, often without first obtaining explicit consent from patients to do so. While twenty-one states currently have laws that require teaching hospitals to obtain consent from patients to participate in this educational experience, opposition from the medical community has stymied legislative progress. In this paper, I respond to the two most common reasons offered to oppose legislation, which appeal to (1) the educational benefits of these exams, (...) or (2) protecting institutional autonomy. Kantian ideas about autonomy help to illuminate the problematic ways in which these arguments supplant the importance of women’s choices over how their bodies are used while seeking medical treatment. Ultimately, neither argument offers sufficient reason to oppose laws that require explicit consent before administering training pelvic exams. (shrink)

How should the law deal with the challenges of advancing biotechnology? This book is a philosophical and legal re-analysis.

Among the political changes brought about by the First World War was the formation of new countries, including Latvia. This in turn resulted in a strong need for the first national legislative acts and thus a substantial amount of effort to develop Latvian legal terminology which dates back to the beginning of the 19th century. The purpose of the paper is to study the development of Latvian terminology of marriage in the 20th century through analysis of the relevant body (...) of laws. The paper focuses on marriage-related terms extracted from the major legislative acts governing the institution of marriage in the 20th century. The present study adopts the qualitative research approach which constitutes data collection and data analysis. For the purposes of a comprehensive and efficient analysis of the extracted legal terms, marriage terms are divided into the following five thematic groups: 1) engagement; 2) entering into marriage; 3) nullity of marriage; 4) dissolution of marriage ; and 5) consequences of dissolution or nullity of marriage. The paper suggests that the core of the Latvian terminology of marriage has remained stable, as entering into marriage is a solid procedure where two interested parties give notice to a public or religious institution in order to officially register their relationship. Similarly, both parties often feel the need to terminate this relationship just as officially. This stability of fundamental processes contributes to terminological continuity. (shrink)

The question of whether protective labor legislation is beneficial to female workers has triggered much debate among feminist scholars. Like proponents of laissez-faire, some feminist scholars and activists have argued that such legislation harms the economic interests of women by lowering their wages and diminishing their employment prospects on the free labor market. This article reexamines the arguments made by opponents of protective labor legislation in the light of the historical development of the welfare state in Britain and France. It (...) is shown that the case against gender-specific protective labor legislation does not hold on empirical grounds. A strong body of evidence shows that protective labor legislation historically brought increasing economic returns and expanded opportunities to women in both countries. This has important implications for contemporary debates about the relationship between protective labor legislation and gender discrimination in the European Community, the International Labor Organization, and developing countries. (shrink)

DNA profiling and databasing have become commonplace in criminal investigation and prosecution. There is a body of both state and federal legislation enabling the establishment and operation of profile databases for law enforcement purposes. Most legislation is specific as to who may be profiled for inclusion in a database. The majority of state laws permit DNA profile databasing of offenders convicted of certain defined crimes, of missing persons and their relatives, and of DNA profiles from criminal-case evidence where the depositor (...) is unknown. More recently, a few states have acted to permit databasing profiles of suspects of certain types of crimes, and there appears to be a trend toward wider adoption of this practice. The legislation adopted or proposed thus far defines whose DNA profiles can be databased, and under what circumstances. Less attention has been given to the matter of specimen retention following profiling and databasing. (shrink)

Mother and Fetus: Rights in Conflict A. INTRODUCTION After fertilization of the female egg (ovum) with male sperm the resulting zygote may implant ...

This article draws analogies between the making of norms by contract, often seen as typical of private law, and by subordinate law-making, often seen as a typically public function and for public bodies. These analogies are set in the context of those rules which govern the relations between universities and their students, as the same types of rule may find their source in a range of legal sources: prescription, royal charter, parliamentary legislation or contract. Of these different sources, the (...) common law courts long accepted that chartered corporations, created by exercise of royal prerogative, were entitled to make subordinate legislation (known as byelaws) for the furthering of their purposes for both members and non-members, despite this law-making being extra-parliamentary. This article suggests how this power to make byelaws in chartered corporations may apply to chartered universities, noting the difficulties arising from the allegedly eleemosynary nature of these bodies and from the possible coexistence of statutory powers. It then examines the way in which the contract between a student and a university arises, and how this contract may form the legal basis of student rules, whether these rules are conceived as terms of the contract itself or as expressions of a unilateral power in the university arising from the contract. A subsequent article will compare the review of student rules on the grounds of public law principle and of contractual regulation. (shrink)

“The real issue concerns the need for authentic and representative black leadership being included within the highest levels of the legislative decision-making of South Africa. Apart from this, all other overtures for change would be void.”.

World Trade Organization (WTO) Agreement includes the Annex 2 Dispute Settlement Understanding (DSU) that reveals with WTO dispute settlement rules and procedures. The Dispute Settlement Body (DSB) is hereby established to administer these rules and procedures. The article analyses the problematic issues of the direct effect of the DSB decisions in the European Union (EU) legal order. ECJ concluded that an individual does not have the right to challenge, the incompatibility of Community measures with WTO rules, even if the DSB (...) had previously declared the EU legislation to be incompatible with those rules. The position of the ECJ is based on the WTO dispute settlement system specifics—the importance of the negotiation between the parties, even after the DSB decision-making and lack of reciprocity, which means that major commercial partners of the EU does not recognize the direct effect of DSB decisions. (shrink)

In 2003 and 2004, Aotearoa New Zealand enacted two key laws that regulate two very different ways in which the female body may be commodified. The Prostitution Reform Act 2003 (PRA) decriminalized prostitution, removing legal barriers to the buying and selling of commercial sexual services. The Human Assisted Reproductive Technology Act 2004 (HART Act), on the other hand, put a prohibition on commercial surrogacy agreements. This paper undertakes a comparative analysis of the ethical arguments underlying New Zealand’s legislative solutions (...) to prostitution and commercial surrogacy. While the regulation of prostitution is approached with a Marxist feminist lens with the aim to ensure the health and safety of sex workers, commercial surrogacy is prohibited outright for concerns of negative impacts on present and future persons. I ground the principles of each Act in their ethical foundations and compare these two against one another. I conclude that New Zealand’s legislative approach to regulating the commodification of the female body is ethically inconsistent. (shrink)

Scenes of violence and incisions into the flesh informeethe demand for law. The scene of little girls being held down in practices of female circumcision has been a defining and definitive image that demands the attention of human rights, and the intervention of law. But the investment in protecting women and little girls from such a cut is not all that it seems.eeLaw's Cuteeon theeeBody of Human Rights: Female Circumcision, TortureeeandeeSacred Flesheeconsiders how such imageseecome to inform laweeand the investment of (...) advocates of law in an imagination of this scene. Drawing on psychoanalytic andeepostcolonialeetheory, and accompanying ideas in political theology, Juliet Rogers examines the language, imagery and excitement that accompanies recenteeinitiatives to legislate against what is called 'female genital mutilation'. The author compliments this examination witheea consideration of the scene of torture exposed in images from Abu Ghraib and Guantanamo Bay.eeRogers argues that the modes ofeefascination and excitement that accompanyeesceneseeof torture and female circumcisioneebetray the fantasy of aeepolitical conditioneeagainst which the subject of liberal law is imagined; this is subjectivityeein aeestate of non-mutilation, non-prohibition or, in a psychoanalytic idiom, non-castration.eeTo support the fantasy of this subject,eethe mutilated subject, the authors suggests, is rendered as flesh cut from the democratic nation state, deserving of only selective human rights, or none at all. (shrink)

According to Federalist President John Adams, the legislative assembly “should be an exact portrait, in miniature, of the people at large, as it should think, reason and act like them.” It is one thing to have the legislative assembly reflect the true composition of the people at large and quite another to prearrange the voting districts so as to better ensure the desired assembly, irrespective of the verisimilitude between the composition of the people and the assembly. In such (...) district-engineered elections, the legislative assembly may not reflect the true complexion of the people as a whole but rather the complexion the engineers ideally desire the people as a whole to have. Politically inspired district drawing, unlike its racially motivated counterpart is deemed constitutionally acceptable, save at extremes, by most members of the United States Supreme Court and non-justiciable by some members thereof. There are powerful and complex arguments investigated supporting both positions. (shrink)

After describing the three European strategies focused on social control, this essay will first demonstrate that the first two strategies try less to protect societies than to enforce efficient tools of governance. Additionally, they reinforce stereotypes harming Muslim immigrants. I show that diverse approaches in policing can make a difference in the communities where police forces operate. The third strategy, that of prevention requiring the cooperation of the citizens, may be more sustainable in the long term as it facilitates communication (...) among local politicians and involved actors. Finally, I point out that the interplay of interests, ideas and institutions matter a great deal to the comparison. (shrink)

As part of a research conducted in the field of professional didactics for the design of video-based training for saddlers, we mobilize an iterative and collaborative analysis protocol with professionals. We compare the effects produced during a debate between experts mediated by the researcher, based sometimes on a confrontation with video traces of the activity, sometimes on the temporary diagrams of a conceptual structure of the situation. Using the argumentative trilogue analysis framework, we show how these methodologies are able to (...) foster the expression of a process of conceptualization depending on whether professionals are confronted with lived images or concep-tualizations produced by the researcher. (shrink)

IntroductionThe world pandemic of the virus SARS-CoV-2, which causes COVID-19 infection was announced by the World Health Organization on March 11, 2020. Due to the restrictions that were introduced in order to minimize the spread of the virus, people more often suffer from stress, depression, anxiety, and sleep disorders. The aim of this study was evaluation of the stress levels and sleep disorders among nursing students during the pandemic SARS-CoV-2.Materials and Study MethodsThis is a cross-sectional study conducted among 397 nursing (...) students on March 2020. The research tools used were original questionnaires, Perceived Stress Scale, and the Athenian Insomnia Scale, as well as Coping with Stress Inventory.ResultsRespondents felt a high level of stress, which occurred in 68.8% of interviewees regarding whether there was a danger of contracting COVID-19. Respondents experienced 84% stress levels when a family member suffered from COVID-19. Sleep disorders were determined mainly by the fear of infection and contact with someone who might be infected with the virus. Nursing students who felt a high level of stress often suffered from sleep disorders more frequently than students who felt a low or average stress level. The respondents decided to cope with stress by denial, taking psychoactive substances, ceasing action, or blaming themselves. The greater the intensity of stress experienced by students, the more often they undertook avoidance behaviors or showed helplessness.ConclusionDuring the pandemic, students experienced severe stress, which resulted in sleep disorders and avoidance behaviors. (shrink)

As study of knowledge, epistemology attempts at identifying its necessary and sufficient conditions and defining its sources, structure and limits. From this pointof view, until present, there are no applied approaches to the Romanian archaeology. Consequently, my present paper presents an attempt to explore the structural characteristics of the knowledge creation process through the analysis of the results of a series of interviews conducted on Romanian archaeologists. The interviews followed a qualitative approach built upon a semi-structured frame. Apparent data saturation (...) was reached after four interviews within initial target group (senior researchers with institutional authority). Under these conditions a decision was made to continue the interviews within a secondary control group (young doctoral or post-doc researchers guided by members of the initial target group) in order to both verify the observed data saturation and to assess the impact of the attitude of senior researchers towards scientific research on the younger generation. The preliminary results allow to assert that Romanian archaeology is still caught in a highly conservative and intradisciplinarian manner of knowledge production with a negative effect on both new knowledgeproduction and future specialists’ education. (shrink)