While in the majority of English-speaking territories the dominant legal tradition iscommon law, in Louisiana and Quebec the native language is English and the legal system stems from continentalcivil law. Both the Louisiana Civil Code and the Civil Code of Quebec take root in the European codification movement, following Code Napoleon. Bearing in mind the link between law and language, these jurisdictions provide a unique source of Englishcivil lawterminology with well-founded conceptual background.The civil codes of Louisiana and (...) Quebec seem to be potentially useful for the translation of Polish private law into English. Yet there are some reservations which should be considered. By comparing two different translations of Article 292 of the Polish Civil Code, this paper is intended to contribute to the debate on the use of Quebec and Louisiana terminology in Polish-English legal translation. (shrink)

Chemical castration laws, such as one recently adopted in the U.S. State of Louisiana, raise challenging ethical concerns for physicians. Even if such interventions were to prove efficacious, which is far from certain, they would still raise troubling concerns regarding the degree of medical risk that may be imposed upon prisoners in the name of public safety as well as the appropriate role for physicians and other health care professionals in the administration of pharmaceuticals to competent prisoners over the (...) inmates’ unequivocal objections. This paper argues that the concerns raised by chemical castration are grave enough that, until they are adequately addressed by policymakers, physicians ought not to participate in the process. (shrink)

During the 2016 election, Donald Trump won conservative support by promising that he would, if elected, nominate “pro‐life” justices to the U.S. Supreme Court. Whether President Trump makes good on his campaign promise to restrict abortion rights may come down to competing impulses of the chief justice, John Roberts. These dueling dispositions—from the man whom many see as the new “swing justice”—hold the key to a blockbuster new case that legal historians call “the most unpredictable the Supreme Court has been (...) on abortion in decades.” The case, June Medical Services v. Russo, turns on arduous new requirements that Louisiana has imposed on facilities and clinicians that provide abortion. But the case is not just about abortion access. The Court will have to decide whether a clinic has a right to challenge the law in the first place. (shrink)

In 1997, the United States incarcerated over 1.7 million persons in local jails and in state and federal prisons. These inmates are disproportionately poor and persons of color. Many lack adequate access to health care before incarceration and present to correctional services with major unaddressed medical problems.Convictions for drug possession and use have increased the number of injection drug users with HIV and AIDS in prisons. Determinate sentencing and “three strikes and you’re out” laws have increased the number of inmates (...) who are aging and dying during their sentences. Their feelings reflect those of Larry Rideau, sentenced to life without parole and founder of The Angolite—an award-winning prison newspaper at Louisiana's Angola Prison—“The dream of getting out, you equate with heaven. Dying in prison you equate with hell.”. (shrink)

Annotation Eric Voegelin (1901-1985) was one of the most original and influential philosophers of our time. Born in Cologne, Germany, he studied at the University of Vienna, where he became a professor of political science in the Faculty of Law. In 1938, he and his wife, fleeing Hitler, immigrated to the United States. They became American citizens in 1944. Voegelin spent much of his career at Louisiana State University, the University of Munich, and the Hoover Institution at Stanford University. (...) During his lifetime he published many books and more than one hundred articles. The Collected Works of Eric Voegelin will make available in a uniform edition all of Voegelin's major writings. (shrink)

The 1981 legislation in Arkansas and Louisiana which required "balanced treatment of creation-science and evolution-science" represents the most ambitious effort of the "scientific creationists" to date to gain equal time for the teaching of the book of Genesis as an alternative and viable scientific theory of origins. The trial testing the constitutionality of the Arkansas law culminated in a powerful and unambiguous decision; however, creationists continue to lobby for similar legislation in many other states. Far from an aberration, today's (...) scientific creationists represent a modern manifestation of a deep fundamentalist current in American social history. (shrink)

In 1997, the United States incarcerated over 1.7 million persons in local jails and in state and federal prisons. These inmates are disproportionately poor and persons of color. Many lack adequate access to health care before incarceration and present to correctional services with major unaddressed medical problems.Convictions for drug possession and use have increased the number of injection drug users with HIV and AIDS in prisons. Determinate sentencing and “three strikes and you’re out” laws have increased the number of inmates (...) who are aging and dying during their sentences. Their feelings reflect those of Larry Rideau, sentenced to life without parole and founder of The Angolite—an award-winning prison newspaper at Louisiana's Angola Prison—“The dream of getting out, you equate with heaven. Dying in prison you equate with hell.”. (shrink)

In this original and provocative book, Colin Dayan tackles head-on the inexhaustible world, at once tender and fierce, of dogs and humans. We follow the tracks of dogs in the bayous of Louisiana, the streets of Istanbul, and the humane societies of the United States, and in the memories and myths of the humans who love them. Dayan reorients our ethical and political assumptions through a trans-species engagement that risks as much as it promises. She makes a powerful case (...) for questioning what we think of as our deepest-held beliefs and, with dogs in the lead, unsettles the dubious promises of liberal humanism. Moving seamlessly between memoir, case law, and film, Dayan takes politics and animal studies in a new direction--one that gives us glimpses of how we can think beyond ourselves and with other beings. Her unconventional perspective raises hard questions and renews what it means for any animal or human to live in the twenty-first century. Nothing less than a challenge for us to confront violence and suffering even in the privileged precincts of modernity, this searing and lyrical book calls for another way to think the world. Theoretically sophisticated yet aimed at a broad readership, _With Dogs at the Edge of Life_ illuminates how dogs--and their struggles--take us beyond sentimentality and into a form of thought that can make a difference to our lives. (shrink)

The essays in this collection honor Professor Ellis Sandoz, Hermann Moyse Jr. Distinguished Professor of Political Science, Louisiana State University, and founding director of the Eric Voegelin Institute for American Renaissance Studies, an institute located at Louisiana State University and devoted to research and publication in the fields of political philosophy, constitutional law, and Voegelin studies. Without the tireless leadership—both academic and economic—of Ellis Sandoz, who was one of Eric Voegelin’s early students and his first American doctoral candidate (...) at the University of Munich, the thirty-four volumes of _The Collected Works of Eric Voegelin _would never have neared completion within only twenty years of Voegelin’s death. The authors of the essays, some of the most respected scholars in the field of political philosophy, hail from Austria, Canada, the Czech Republic, Germany, Ireland, and the United States. They have known Sandoz in a variety of ways: as former students, as beneficiaries of his work on constitutionalism, as fellow participants in the publication of _The Collected Works of Eric Voegelin_, as philosophical colleagues, as participating members of the Eric Voegelin Society, and finally as friends. The essays, each written especially for this volume, are grouped into the disciplines of philosophy, literature, and politics and range widely across these subjects, exploring writers as diverse as Xenophon, Natsume Soseki, Freud, and George Santayana and topics ranging from the leadership style of François Mitterrand and the Velvet Revolution to the nature of the Law and of the Political. _Philosophy, Literature, and Politics _is a fitting tribute to a man whose life’s work has been formed by commitment to the philosophical enterprise and by a conviction in Eric Voegelin’s contribution to that enterprise. The seventeen essays in this collection will be of particular interest to scholars of politics, comparative government, Japanese studies, political philosophy, and literary criticism. (shrink)

Creationists believe that the Biblical account of the creation of the universe is literally true. God brought into existence the Earth and all its life forms in just six days. According to creationists, this event took place less than ten thousand years ago . Creationists have succeeded in persuading large swathes of the general public that their theory is at least as scientifically respectable as the Big Bang/evolution alternative. A recent Gallup poll indicated that about 45% of US citizens currently (...) believe that God created human beings ‘pretty much in [their] present form at one time or another within the last 10,000 years’. Two states, Arkansas and Louisiana, have even passed ‘balanced treatment’ laws requiring that creationism be taught alongside evolution in all state public schools. It was in Auburn, Alabama, shortly after that state required that a piece of paper be pasted into every biology school text book explaining why evolution is merely a ‘theory’ — and a highly questionable theory at that — that Richard Dawkins delivered the impromptu speech which forms the basis of the following. (shrink)

This article joins a somewhat nascent, but growing, body of scholarship addressing the ethical obligation to pay tax. The analysis is grounded to the ethical duty to obey law generally and highlights two competing orientations to statutory interpretation. The norms of self-interested advocacy suggest that tax planners should assert that interpretation that will generate the most wealth for the client. The norms of professional advising, by contrast, direct the tax planner to interpret tax law with reference to plain meaning, interpretive (...) maxims, court precedents, and legislative purpose. When the two orientations differ, the ethical duty to obey law requires the tax planner to recommend, and for the taxpayer to follow, the latter view. Case studies drawn from a Louisiana sales tax avoidance scheme and from Google’s profit-shifting activities illustrate the ethical issues incumbent in tax interpretation. (shrink)

For years, the collection of DNA samples from individuals arrested for criminal misconduct has been advocated by police officials and endorsed by politicians. Louisiana, Virginia, California, and South Dakota have adopted laws to add DNA profiles derived from these samples to their DNA databases. Texas provides for DNA to be taken after indictment but before conviction. Although the U.S. Department of Justice initially shied away from the issue, the DNA Fingerprint Act of 20055 authorizes the collection of DNA from (...) individuals arrested for violations of certain federal criminal laws, and the inclusion in the national DNA database of all profiles from states that type DNA prior to conviction.But are these laws constitutional? In an article in a previous issue of this journal, and reprinted in this issue, Professor Tracey Maclin concludes that fidelity to precedent should lead the Supreme Court to strike down the Louisiana and Virginia laws as violations of the Fourth Amendment. (shrink)

In August 2005, the Competitive Enterprise Institute , a conservative advocacy organization, filed a lawsuit in Louisiana challenging the legality of the 1998 Master Settlement Agreement . The suit alleges that the MSA, under which the states receive monetary payments and the four major tobacco companies are insulated from price competition, violates the Compact Clause and other provisions of the U.S. Constitution. This lawsuit threatens to unravel of one of the most significant opportunities to improve public health in United (...) States history. We consider the merits of the lawsuit, the problems with the MSA that it highlights, and the potential consequences of the suit for public health. (shrink)

In August 2005, the Competitive Enterprise Institute, a conservative “think tank” and advocacy organization, filed a lawsuit in the Federal District Court for the Western District of Louisiana against the Louisiana Attorney General challenging the legality of the 1998 Master Settlement Agreement. If successful, this lawsuit could lead to the unraveling of one of the most significant opportunities to improve public health in United States history.Under the MSA, forty-six states agreed to end their litigation against the four largest (...) tobacco companies in the United States, who in turn agreed to pay the states an estimated $206 billion. The CEI alleges that the MSA is unconstitutional. Specifically, the suit alleges that the MSA established a cartel under which the states receive monetary payments and the four major tobacco companies are insulated from price competition – and that this arrangement violates the Compact Clause of the U.S. Constitution. (shrink)

Thinking tools is a regular feature that offers tips and pointers on thinking clearly and rigorously.

Thinking Tools is a regular feature that introduces pointers on thinking clearly and rigorously.

The question of whether there are laws in ecology is important for a number of reasons. If, as some have suggested, there are no ecological laws, this would seem to distinguish ecology from other branches of science, such as physics. It could also make a difference to the methodology of ecology. If there are no laws to be discovered, ecologists would seem to be in the business of merely supplying a suite of useful models. These models would need to be (...) assessed for their empirical adequacy but not for their ability to capture fundamental truths, or the like. If, on the other hand, ecology does have laws, this prompts further questions about what these laws are and why even the best candidates for ecological laws fall short of what might be expected of laws. (shrink)

Thinking Tools is a regular feature that introduces tips and pointers on thinking clearly and rigorously.

Thinking Tools is a regular feature that introduces tips and pointers on thinking clearly and rigorously. Here we get to grips with two everyday reasoning errors.

Thinking tools is a regular feature that offers tips and pointers on thinking clearly and rigorously.

Thinking Tools is a regular feature that introduces pointers on thinking clearly and rigorously.

A dialogue investigating whether the usual religious defences of belief in God are really up to the job.

"What is a military aircraft? John Law shows in his beautiful analysis that it is a constant oscillation between multiplicity and singularity.

Although much recent social science and humanities work has been a revolt against simplification, this volume explores the contrast between simplicity and complexity to reveal that this dichotomy, itself, is too simplistic. John Law and Annemarie Mol have gathered a distinguished panel of contributors to offer—particularly within the field of science studies—approaches to a theory of complexity, and at the same time a theoretical introduction to the topic. Indeed, they examine not only ways of relating to complexity but complexity _in (...) practice._ Individual essays study complexity from a variety of perspectives, addressing market behavior, medical interventions, aeronautical design, the governing of supranational states, ecology, roadbuilding, meteorology, the science of complexity itself, and the psychology of childhood trauma. Other topics include complex wholes in the sciences, moral complexity in seemingly amoral endeavors, and issues relating to the protection of African elephants. With a focus on such concepts as multiplicity, partial connections, and ebbs and flows, the collection includes narratives from Kenya, Great Britain, Papua New Guinea, the Netherlands, France, and the meetings of the European Commission, written by anthropologists, economists, philosophers, psychologists, sociologists, and scholars of science, technology, and society. _Contributors._ Andrew Barry, Steven D. Brown, Michel Callon, Chunglin Kwa, John Law, Nick Lee, Annemarie Mol, Marilyn Strathern, Laurent Thévenot, Charis Thompson. (shrink)

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, 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)

Journal Name: Semiotica Issue: Ahead of print.

Thinking Tools is a regular feature that introduces pointers on thinking clearly and rigorously. Here I tell a cautionary tale about flying saucers and take a brief look at the virtues of ‘open-mindedness’.

Thinking Tools is a regular feature that introduces pointers on thinking clearly and rigorously. Here we get to grips with two everyday reasoning errors.

Thinking Tools is a regular feature that introduces pointers on thinking clearly and rigorously. Here l explain some of the techniques commonly used by ‘gurus’ to dupe people into thinking they have something profound to say.

Thinking Tools is a regular feature that introduces pointers on thinking clearly and rigorously. In this installment, we focus, not on faulty reasoning per se, but on an example of how we can be led astray or manipulated without our even realizing what is going on. Our critical faculties are entirely sidestepped!

Thinking Tools is a regular feature that introduces pointers on thinking clearly and rigorously.

Thinking Tools is a regular feature that introduces tips and pointers on thinking clearly and rigorously.

The year is 2100. Geena is the proud new owner of Emit, a state-of-the-art robot. She has just unwrapped him, the packaging strewn across the dining room floor. Emit is designed to replicate the outward behaviour of a human being down to the last detail . Emit responds to questions in much the same way humans do. Ask him how he feels and he will say he has had a tough day, has a slight headache, is sorry he broke that (...) vase, and so on. Geena flips the switch at the back of Emit's neck to ‘on’. Emit springs to life. (shrink)

Thinking tools is a regular feature that offers tips and pointers on thinking clearly and rigorously.

Plantinga's Evolutionary Argument Against Naturalism aims to show that naturalism is, as he puts it, ‘incoherent or self defeating’. Plantinga supposes that, in the absence of any God-like being to guide the process, natural selection is unlikely to favour true belief. Plantinga overlooks the fact that adherents of naturalism may plausibly hold that there exist certain conceptual links between belief content and behaviour. Given such links, natural selection will favour true belief. A further rather surprising consequence of the existence of (...) such links is this: even if semantic properties are epiphenomenal, unguided evolution will still favour true belief. (shrink)