Zu den elementaren Rechtfertigungsbedingungen der medizinischen Forschung an und mit Menschen zählt die informierte Einwilligungserklärung („informed consent“) des Probanden/Patienten. Für die Gewährleistung eines „informed consent“ sind dem potenziellen Studienteilnehmer u. a. qualitativ hochwertige schriftliche Aufklärungsmaterialien zur Verfügung zu stellen. Wir entwickelten eine Liste von Prüfpunkten, um mit ihnen die Qualität schriftlicher Aufklärungsmaterialien zu bestimmen und zu bewerten. Mithilfe eines Kriterienkataloges bestehend aus über 100 Prüfpunkten wurde die Qualität von 128 zufällig ausgewählten schriftlichen Aufklärungsmaterialien zu Forschungsvorhaben beurteilt, die der Ethikkommission der (...) Universität zu Lübeck im Jahr 2006 vorgelegt worden waren. Jeder Prüfpunkt ist einem von sechs Qualitätsbereichen zugeordnet (z. B. Lesbarkeit und Verständlichkeit, Nutzen-/Schadenpotenziale). Die untersuchten Aufklärungsmaterialien erfüllten im Durchschnitt die Hälfte der 117 abgefragten Qualitätskriterien, die Spannweite reichte dabei von 20 % bis 76 %. Der höchste Qualitätsscore wurde für den Bereich „Einwilligungserklärung“ beobachtet (64 % der Kriterien erfüllt), am schlechtesten schnitt der Bereich „Nutzen- und Schadenpotenziale“ ab (35 % der Kriterien erfüllt). Aufklärungsmaterialien zu klinischen Prüfungen von Arzneimitteln zeigten dabei eine signifikant höhere Qualität als die Aufklärungsmaterialien zu anderen Studientypen. Nur 21 der 117 analysierten Qualitätskriterien wurden in mehr als 80 % der einschlägigen Aufklärungsmaterialien umgesetzt. Die vorliegende Arbeit zeigt deutliche Defizite in der Qualität der untersuchten Aufklärungsmaterialien auf. Forscherinnen und Forscher benötigen Hilfestellung bei der Erstellung von Materialien, die eine informierte Entscheidung für oder gegen eine Studienteilnahme ermöglichen. Der von uns eingesetzte Kriterienkatalog könnte u. a. im Rahmen von Doktorandenseminaren dazu genutzt werden, den Blick für die Vielfalt der Anforderungen zu schärfen. (shrink)

This is a translation and critical edition of two documents on the Kapp Putsch and the origins of the united-front policy in the German Communist Party. The documents were written by the kpd leader Paul Levi and their titles and dates are, respectively: ‘Letter to the Central Committee of the Communist Party of Germany’ and ‘Open Letter of the Zentrale of the United Communist Party of Germany’. They are a documentary appendix to our essay ‘Paul Levi and (...) the Origins of the United-Front Policy in the Communist International’, published in this issue of Historical Materialism. (shrink)

This list of the documents found in Lois sacrées des cités grecques. Supplément attempts to classify them in terms of the categories formulated in Harris, “Towards a Typology” (2015). 1. Athens (Agora). Law/decree of the polis (?) – between 510 and 480 BCE (IG I3 231; IE 7) This fragmentary inscription is written in boustrophedon, which dates the text to the late sixth or the early fifth century BCE; Clinton dates the inscription more precisely to 510-500 BCE. Perquisites (...) for officials at th... (shrink)

Photographic representations of women living with or beyond breast cancer have gained prominence in recent decades. Postmillennial visual narratives are both documentary projects and dialogic sites of self-construction and reader-viewer witness. After a brief overview of 30 years of breast cancer photography, this essay analyzes a collaborative photo-documentary by Stephanie Byram and Charlee Brodsky, Knowing Stephanie , and a memorial photographic essay by Brodsky written ten years after Byram’s death, “Remembering Stephanie” . The ethics of representing women’s postsurgical bodies (...) and opportunities for reader-viewers to engage in “productive looking” are the focal issues under consideration. (shrink)

Background: Nursing documentation is an essential aspect of ethical nursing care. Lack of awareness of ethical dilemmas in nursing documentation may increase the risk of patient harm. Considering this, ethical dilemmas within nursing documentation need to be explored. Aim: To explore ethical dilemmas in nurses’ conversations about nursing documentation. Research design, participants and context: The study used a qualitative design. Participants were registered nurses from a Patient Hotel at a Danish University Hospital. Data were collected in three focus groups with (...) a total of 12 participants. Data analysis consisted of qualitative content analysis inspired by Graneheim and Lundman. Ethical consideration: This study was conducted in accordance with the ethical principles of research and regulations in terms of confidentiality, anonymity and provision of informed consent. Findings: Ethical dilemmas were strongly present in nurses’ conversations about nursing documentation. These dilemmas were demonstrated in two themes: a dilemma between respecting patients’ autonomy and not causing harm, which was visible in nurses’ navigation between written documentation and oral tradition, and a dilemma concerning justice and fair distribution of goods, which was visible in nurses’ balancing between documenting deviations and proof of nursing practice. Discussion: Ethical dilemmas in nursing documentation regarding respecting patients’ autonomy and not causing harm accentuated discussions on professional responsibility and patient participation in clinical decisions. Dilemmas in justice and fair distribution of goods emphasised discussions on trust in relationships versus trust in electronic health records. Conclusion: Actual tendencies in the healthcare system may increase ethical dilemmas in nursing documentation. Sharing otherwise invisible and individual experiences of ethical dilemmas in nursing documentation among nurses, nurse leaders and decision-makers will enable addressing these in reflections and discussions as well as in considering adjustments of conditions for nursing documentation. (shrink)

Health professionals communicate with each other about medication information using different forms of documentation. This article explores knowledge and power relations surrounding medication information exchanged through documentation among nurses, doctors and pharmacists. Ethnographic fieldwork was conducted in 2010 in two medical wards of a metropolitan hospital in Australia. Data collection methods included participant observations, field interviews, video‐recordings, document retrieval and video reflexive focus groups. A critical discourse analytic framework was used to guide data analysis. The written medication chart was (...) the main means of communicating medication decisions from doctors to nurses as compared to verbal communication. Nurses positioned themselves as auditors of the medication chart and scrutinised medical prescribing to maintain the discourse of patient safety. Pharmacists utilised the discourse of scientific judgement to guide their decision‐making on the necessity of verbal communication with nurses and doctors. Targeted interdisciplinary meetings involving nurses, doctors and pharmacists should be organised in ward settings to discuss the importance of having documented medication information conveyed verbally across different disciplines. Health professionals should be encouraged to proactively seek out each other to relay changes in medication regimens and treatment goals. (shrink)

The article is devoted to an important area of scientific research related to the history and culture of Yakutia. Written monuments of historical and cultural heritage, along with material ones, occupy their permanent place. The solution to the problem of their preservation and interpretation is inextricably linked with publishing activities – modern technical capabilities increase its effectiveness. In the article we study the existing experience in this field by the example of the publication of Russian cursive sources of the (...) XVII century about the history of Yakutia, as well as cultural heritage. The object of the study is the historical and cultural heritage of Yakutia. The subject of the study ate the samples in various forms. The research summarized the experience of publishing historical and cultural heritage monuments on the example of Russian cursive documents of the XVII century about Yakutia, as well as the works of the first Yakut composer M.N. Zhirkov. Since they are of great value as samples of archival documents reflecting regional specifics, we have carried out work to determine their historical significance for the culture of Yakutia. In this article, based on an assessment of the internal content of the collections considered as examples and the quality of their publication, recommendations have been developed to improve further work in this direction. Undoubtedly, further work should be continued to identify such written monuments that require special storage and interpretation, have great historical and cultural value for the Yakut people, as well as transfer to modern media of this information, taking into account the necessary publication rules. For the first time, the question of creating a pan-Yakut electronic database of written monuments of historical and cultural heritage of Yakutia was raised. (shrink)

The term informed consent does not have long historical roots. Until recent centuries, healthcare professionals were not held responsible for providing information to patients. The author reports a written consent from Anatolia dated almost five centuries ago. The contract was signed in 1539 in Gaziantep, Turkey (formerly known as Aintab, Ottoman Empire). The document, of course, differs from modern counterparts. It lacks details of interventions. The author believes this to be the first written consent in medical history. Further (...) investigations of court registers should be made to ascertain the earliest date of their appearance. (shrink)

This paper edits and studies four Arabic legal documents, written on two papyri, now housed in the Beinecke Rare Book and Manuscript Library at Yale University. The documents belong to a certain ʿAmmār b. Salama b. ʿAbd al-Wārith, a merchant from al-Bahnasā. Document 1 (P.CTYBR inv. 1720 verso) records a contract of sale of two inherited portions belonging to a Copt with double names, a Christian and a Muslim one. The contract touches on two significant socio-religious subjects: (...) 1. name change after religious conversion, and 2. the loss of paternal filiation (nasab) of children born outside wedlock or in wedlock but their paternity was disavowed via the Islamic procedure of liʿān “oath of condemnation” or upon evidence of certain circumstances that prove impossibility of paternity. Documents 2.1, 2.2, and 2.3 (P.CTYBR inv. 1715 recto and verso) contains three debt acknowledgements recording payments in coin and in kind. All documents date to the year 297/909–910. (shrink)

Parents who are facing decisions about life-sustaining treatment for their seriously ill or dying child are supported by their child's doctors and nurses. They also frequently seek other information sources to help them deal with the medical and ethical questions that arise. This might include written or web-based information. As part of a project involving the development of such a resource to support parents facing difficult decisions, some ethical questions emerged. Should this information be presented in a strictly neutral (...) fashion? Is it problematic if narratives, arguments or perspectives appear to favour stopping over continuing life-sustaining treatment? Similar questions might arise with written materials about decisions for adults, or for other ethically contentious decisions. This paper explores the meaning of ‘balance’ in information provision, focusing particularly on written information about life-sustaining treatment for children. We contrast the norm of non-directiveness in genetic counselling with the shared decision-making model often endorsed in end-of-life care. We review evidence that parents do not find neutrality from medical professionals helpful in discussions. We argue that balance in written information must be understood in the light of the aim of the document, the most common situation in which it will be used, and any existing biases. We conclude with four important strategies for ensuring that non-neutral information is nevertheless ethically appropriate. (shrink)

The theory of documentality is a way of describing social reality. Developed by Italian philosopher Maurizio Ferraris, it says that the world of social objects is a world of documents, fundamentally. Specifically, it attempts to fill in gaps regarding the existence of objects whose dependence precedes traditional, written documents. Borrowing from Derrida, Ferraris concludes that no part of social reality exists outside of texts, while expanding the notion of texts to include inscriptions as memories in minds. Social (...) reality is constructed by “inscriptions” on documents, the most basic of which can be the inscriptions of memories, ideas, and things like promises and intentions on the matter of human brains. In “Beyond Paper,” Barry Smith and I raise some issues that confront the theory of documentality when electronic documents are involved, specifically problems concerning the distinction between fixed inscriptions and dynamic software, as well as the existence of legal entities that are never inscribed at all (like a common law marriage, that can exist even without any agreement among the parties). Here, I consider briefly how extending our discussion of documentality and electronic media is further complicated by web 3.0, or the emerging realm of documents and processes involved in smart contracts and their offspring and consider some implications for the law arising from this new manner of executing code and weaving new layers of social reality. (shrink)

The globalisation of recent decades has led to a soaring demand for the translation of legal or quasi-legal instruments for national judiciaries and for the corporate sector, performed outside institutions. However, there has been little, if any, downstream impact or risk assessment in this field. The international and interdisciplinary project described in this paper, drawing data, inter alia, from case law and stakeholder reporting, seeks to bring to light the ways in which translated legal documents may be challenged, contested (...) or discredited at the various stages of their ‘lives’, and the repercussions of such challenges on trade and the economy, law enforcement, rights, and legal security. A focus is placed on written legal translation performed outside institutions, given that this is an extremely under-researched area, indeed hardly researched at all. Until now, legal translation studies as an discipline has concentrated on process, context, participants and product, but has not investigated the impact of translated documents as binding or non-binding artefacts on the wider world, or their appearance in litigation. The project described in this paper seeks to fill that gap. (shrink)

With reference to medieval England M. T. Clanchy argues that “the growth in the uses of literacy [between 1066 and 1307] is indicated by, and was perhaps primarily a consequence of, the production and retention of records on an unprecedented scale.” That is, rather than view literacy as a step on the road to literature, to learning and high culture, Clanchy stresses the interrelationship between literacy and administrative practice. Writing creates the possibility of documentation; documentation brings more people into contact (...) with the written word ; and, in time, as documentation becomes accepted as necessary, as mental habits adjust to it, as reliance upon it increases, so it in turn stimulates further expansion in the uses of literacy. (shrink)

The article comments upon the report written by the French captain Aubert about the Romanian space during the XIXth century. It analyses the richness of documentation data contained by the report, through the lenses of the historical anthropological categories of “the other’s image”. The author concludes that the report was elaborated in a period when French interests for the Romanian space was rising.

Endeavours of politicians, representatives of law enforcement institutions and courts to create simplified, accelerated and less human and time resources requiring legal procedures in criminal cases prompted the authors of this article to assess the possibilities to develop the written form of procedure in Lithuania. The goal of the authors of this article is to assess the origin and goals of the written form of procedure, as well as to define the main rules and points for discussions on (...) the possibilities to develop the written form of procedure in the Lithuanian criminal procedural law. The conclusion is drawn in this article to the effect that written form of procedure is seen as a condition for simplifying and accelerating the legal process, and choosing this form of procedure is not considered as denying or restraining the expectations of participants of criminal procedure towards a fair trial. The analysis provides the basis for the authors to make a conclusion on the appropriate limits of applying written or oral procedures for hearing criminal cases: Oral procedure must be guaranteed in cases where questions of criminal liability and personal guilt are solved at the first instance court hearings; Oral procedure usually has to be guaranteed in cases where during the procedure at the first instance court hearing the questions of criminal liability and personal guilt are solved, although oral procedure may be limited and the procedure may be conducted in written form if new evidence are not investigated and there is no doubt for deciding whether oral procedure is better for understanding the case; Oral procedure need not be guaranteed only in cases where questions of application of the law are solved and if oral procedure was guaranteed during the procedure at the court of first instance; Written procedure may guarantee the right to a fair trial, where the participants of the procedure are allowed to provide various explanations and written documents or a person is allowed to ask for an oral court hearing. (shrink)

In 1993, an astonishing discovery was made at a tomb in Guodian in Hubei province (east central China). Written on strips of bamboo that have miraculously survived intact since 300 B.C., the "Guodian Laozi," is by far the earliest version of the _Tao Te Ching_ ever unearthed. Students of ancient Chinese civilization proclaimed the text a decisive breakthrough in the understanding of this famous text: it provides the most conclusive evidence to date that the text was the work of (...) multiple authors and editors over hundreds of years, rather than the achievement of a single individual writing during the time of Confucius. Robert Henricks now presents the first English translation of the "bamboo slip Laozi." Differing substantially from other versions we have of the text, the Guodian Laozi provides us with clues on how and when the text came into being. As Henricks's translation shows, many chapters are missing in this form of the text, and some chapters remain incomplete. All of this seems to suggest that the _Tao Te Ching_ was not yet "complete" when these slips were copied. In his translation, Henricks focuses attention on lines in each of the chapters that vary from readings in other editions. In addition, he shows how the sequence of chapters in this form of the text is totally unrelated to the sequence readers commonly see in the "standard" form of the text, i.e., in other translations. Here are just a few of the noteworthy features of this new _Tao Te Ching:_ • A lucid introduction to the Guodian Laozi, offering background on the archaeological interpretation of the discovery • Line-by-line comparisons of the Guodian Laozi against the Mawangdui and Wang Bi editions • Extensive notes on each chapter describing the unique elements of the Guodian Laozi in comparison with other versions • Transcriptions for each chapter, noting both the ancient and modern form of the characters in the chapter • An appendix featuring the official biography of Laozi written by Sima Qian, the Grand Historian of China, as well as Henricks's commentary and notes on this biography This groundbreaking work will lead to a reassessment of the history and significance of this well-known and critical work as well as a reevaluation of the role it played in the development of Taoism in early China. (shrink)

Writing strategic documents is a major practice of many actors striving to see their educational ideas realised in the curriculum. In these documents, arguments are systematically developed to create the legitimacy of a new educational goal and competence to make claims about it. Through a qualitative analysis of the writing strategies used in these texts, I show how two of the main actors in the Czech educational discourse have developed a proof that a new educational goal is needed. (...) I draw on the connection of the relational approach in the sociology of education with Lyotard’s analytical semantics of instances in the event. The comparison of the writing strategies in the two documents reveals differences in the formation of a particular pattern of justification. In one case the texts function as a herald of pure reality, and in the other case as a messenger of other witnesses. This reveals different regimens of proof, although both of them were written as prescriptive directives – normative models of the educational world. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Confessions of a Poisoner, Written by HerselfGail K. Hart (bio)Confessions of a Poisoner, Written by Herself. Translated and introduced by Raleigh Whitinger and Diana Spokiene. New York: MLA, 2009. xliii + 196 pp. $12.95.Confessions of a Poisoner is an epistolary, autobiographical novel, first published anonymously in German as Bekenntnisse einer Giftmischerin in 1803. Lurid accounts of sex, incest, murder, and other crimes contributed to its status (...) as a sensational document in its day, especially in light of the illicit activities of the Countess Charlotte Ursinus, who was arrested and prosecuted for multiple poisonings allegedly committed between 1779 and 1803. Readers were eager for details of the countess's affairs and crimes, and the novel can indeed be read as an account, perhaps her account, of a very busy life of iniquity.The book is extremely engaging, and absorbing because our autobiographical narrator has unusually acute insight into human affairs and human character. From early youth, she finds pleasure in the art of seeming and she is proud of the skill with which she reads those who have something to offer her. Indeed the book could double as a seminar in social manipulation as the narrator negotiates her culture's obstacles to women's self-fulfillment. One is often reminded of George Lillo's murderous Millwood from The London Merchant, who in 1731 made the observation:It is a general maxim among the knowing part of mankind that a woman without virtue, like a man without honor or honesty, is capable of any action, though never [End Page 68] so vile. And yet what pains will they not take, what arts not use, to seduce us from our innocence and make us contemptible and wicked, even in their own opinions?(I:3)The narrator of Poisoner, though she might agree with Millwood, sees her part in the vile actions as both determined and chosen. The early steps of corruption were abetted by passion (incited with some calculation by early lovers) but also by the education she received, which she describes as being more masculine than feminine. Her father's failure to guide and restrain her thirst for knowledge has apparently left her with the ambitions of a conquerer and the social duties of an aristocratic woman—and, as Countess Orsina would have it, where men use daggers, women use poison. Yet she also accepts responsibility for all that she has done, quite convinced that most of it was wrong. The moral philosophy of the piece is somewhat peculiar, but she strives in the space of the one long letter that makes up the book to give an honest account of her duplicitous deeds.This intriguing life story also has significant scholarly value, and the editors/translators, Raleigh Whitinger and Diana Spokiene, have appended an excellent introduction that examines the poisoner's confessions as a document of its time. Our narrator is both wise and well-educated, and she discourses frequently on contemporary literature and philosophy, inserting herself into a variety of cultural debates. For example, her opinions on the value of Richardson's novels for the education and protection of young woman—that Richardson's ideals of virtue are delusional and therefore dangerous—run counter to prevailing wisdom on what young ladies should read. Her struggles with Kant and critical philosophy, which, she claims, diminished her pulchritude, are also instructive. Additionally, the editors make a very convincing case for the authorship of Friederike Helene Unger, whose husband was the publisher, and whose other works bear certain strong resemblances to the prose and the ideas of Poisoner.All of this excitement and knowledge comes to us in a supremely lucid and readable translation. I rarely read fiction in translation without being regularly reminded in some way of the translator. One sees an odd word, puzzles out a sentence and thinks about how one might have done that differently—and one gets distracted. That is not the case with this text, and this is especially surprising because the original German is that "of an era both culturally and historically distant" (xxvii). Whitinger and Spokiene have done a superb job of resurrecting a forgotten German text, embedding it in... (shrink)

In 1993, an astonishing discovery was made at a tomb in Guodian in Hubei province. Written on strips of bamboo that have miraculously survived intact since 300 B.C., the "Guodian Laozi," is by far the earliest version of the _Tao Te Ching_ ever unearthed. Students of ancient Chinese civilization proclaimed the text a decisive breakthrough in the understanding of this famous text: it provides the most conclusive evidence to date that the text was the work of multiple authors and (...) editors over hundreds of years, rather than the achievement of a single individual writing during the time of Confucius. Robert Henricks now presents the first English translation of the "bamboo slip Laozi." Differing substantially from other versions we have of the text, the Guodian Laozi provides us with clues on how and when the text came into being. As Henricks's translation shows, many chapters are missing in this form of the text, and some chapters remain incomplete. All of this seems to suggest that the _Tao Te Ching_ was not yet "complete" when these slips were copied. In his translation, Henricks focuses attention on lines in each of the chapters that vary from readings in other editions. In addition, he shows how the sequence of chapters in this form of the text is totally unrelated to the sequence readers commonly see in the "standard" form of the text, i.e., in other translations. Here are just a few of the noteworthy features of this new _Tao Te Ching:_ • A lucid introduction to the Guodian Laozi, offering background on the archaeological interpretation of the discovery • Line-by-line comparisons of the Guodian Laozi against the Mawangdui and Wang Bi editions • Extensive notes on each chapter describing the unique elements of the Guodian Laozi in comparison with other versions • Transcriptions for each chapter, noting both the ancient and modern form of the characters in the chapter • An appendix featuring the official biography of Laozi written by Sima Qian, the Grand Historian of China, as well as Henricks's commentary and notes on this biography This groundbreaking work will lead to a reassessment of the history and significance of this well-known and critical work as well as a reevaluation of the role it played in the development of Taoism in early China. (shrink)

To be successful, policy must anticipate a broad range of constituents. Yet, all too often, technology policy is written with primarily mainstream populations in mind. In this article, drawing on Value Sensitive Design and discount evaluation methods, we introduce a new method—Diverse Voices—for strengthening pre-publication technology policy documents from the perspective of underrepresented groups. Cost effective and high impact, the Diverse Voices method intervenes by soliciting input from “experiential” expert panels. We first describe the method. Then we report (...) on two case studies demonstrating its use: one with a white paper on augmented reality technology with expert panels on people with disabilities, people who were formerly or currently incarcerated, and women; and the other with a strategy document on automated driving vehicle technologies with expert panels on youth, non-car drivers, and extremely low-income people. In both case studies, panels identified significant shortcomings in the pre-publication documents which, if addressed, would mitigate some of the disparate impact of the proposed policy recommendations on these particular stakeholder groups. Our discussion includes reflection on the method, evidence for its success, its limitations, and future directions. (shrink)

For years now the “Tübingen School”, represented above all by Konrad Gaiser and Hans Krämer, has had an important position, philologically and philosophically speaking, in current research on Plato. Its richly documented and constantly sophisticated “New Image of Plato” has resulted in a “para-digm-change” in Plato-interpretation as well as developing many of its aspects. It revises the basic attitude, which can be traced back to Schleiermacher, that Plato’s published dialogues are the one authentic source for any adequate and complete comprehension (...) of Platonic thought. By contrast it is especially Krämer and Gaiser who in numerous publications have energetically—and to great effect—drawn attention to what have since Aristotle come to be known as the “unwritten doctrines” and—taking up and modifying specific intentions of L. Robin, J. Stenzel, P. Wilpert and others—attempted to present them not only as a necessary supplement to the dialogues of Plato but even more as the systematically conceived centre, the “essential” in Platonic thought. This hermeneutical maxim has made it possible to reconstruct the basic features of a principles-theory for Plato which not only constitutes the systematic fundament of the Platonic dialogues but has become decisive for the basic conceptual and ontological structure of Neoplatonism and the philosophical systems which are connected with it materially and historically speaking. This has not meant suppressing the dialogues or demoting them to a “quarry” for the real-authentic: thanks to the principles-theory and the theorems connected with it, much which used to have to appear as a break, as something enigmatic or giving rise to discrepancy or aporia, can now be understood in a more thorough way, a way which is more intense in terms of argumentation and even more complex in terms of substance, without that which Plato considered it impossible to say being laid bare in a dull abstraction. Thomas Alexander Szlezák’s book testifies to the degree to which taking seriously those doctrines of Plato which he himself was very “serious” about can be productive—precisely for a new interpretation of the dialogues themselves. Amidst the virtually endless deluge of publications on Plato, a deluge which continues to swell to worrying proportions because of superfluous repetition, Szlezák’s book stands out very strikingly through the originality of its perspective, through the consistent realization of a basic idea which is highly instructive for the subject-matter at hand and through the thoroughness of its examination of competing and above all of opposing ideas which are—with greater or lesser reason—sceptical as regards the new Plato paradigm. Plato’s criticism—discussed in great detail by Szlezák—of the written communicating of philosophical thought becomes for him the key to the question as to the relationship of the oral pursuit of philosophy and the written presentation of the living dialogue. In accordance with Platonic writing-critique it is very much intrinsic to the philosophical logos that it can defend itself, can help itself, that it is in a position productively to continue the questions which are placed in it and which it is asked and in so doing refer to “timiotera”, to “all that is more valuable”, i.e. more extensively justified; not only must these “timiotera” not be explicitly stated, but they ought consciously to be held back, to be omitted and reserved for conversations with real friends who are capable of understanding a higher problem-level. Books, thus also dialogues published in written form, are not inherently able to do this: they “are constantly saying the same thing” and remind one at times of “the prolonged din of cymbals”. It follows from this that “he who has knowledge”, he who has knowledge of “timiotera” and has a sensible attitude towards them, “Plato” the author of philosophical book-dialogues, quite consciously and consistently omits the “problems which are especially to do with principle”. (shrink)

The informed-consent process should be one of meaningful information exchange between researchers and study participants. One of the responsibilities of research ethics committees is to oversee appropriate informed consent. The committee must consider various matters before deciding whether the process is appropriate, including the adequacy and completeness of the written information provided to study participants, and the process of obtaining informed consent. This study aimed to identify, quantitatively and qualitatively, consent-related issues in different types of malaria proposals submitted to (...) the Faculty of Tropical Medicine, Ethics Committee. This study reviewed proposal documentation submitted to two panels of the Ethics Committee of the Faculty of Tropical Medicine, Mahidol University, from 2011 to 2015. The documentation included proposals, notifications to researchers of review outcomes and ethical issues of concern to committee members. Each element of the informed-consent process was identified and analyzed by study classification, design, and specimen use, including whether the study involved a vulnerable population. Summative content analysis was used to analyze patterns of common issues raised in reviews. Of the 112 proposals reviewed, 63 required an informed consent process. All researchers proposed communicating with their study participants; however, about two-thirds needed to improve their explanations of study procedures to participants. About 40% of the proposals attracted comments on informed-consent process elements--risk and discomfort, vulnerable status, and compensation. Studies that planned to collect or use new/linked specimens raised more issues around informed consent than studies using linked data/records. Studies that involved vulnerable populations raised more issues than those that did not. The committee usually asked researchers to clarify, elaborate, revise, or paraphrase the consent process elements that were considered to involve inadequate information exchange between researcher and study participant. This study aimed to describe lessons for malaria researchers about common informed-consent process issues in different types of malaria proposals. The information and analysis of informed-consent elements should assist the preparation of malaria-research proposals. (shrink)

Challenging the fashionable belief that the Constitution should be interpreted in relation to the times, the distinguished contributors to Our Peculiar Security argue that the Constitution has a dual character. On the one hand it is law, in a binding and judicially enforceable sense. On the other hand, it is a decidedly political document.

The aims of this study were to measure the readability of Australian based informed consent documents and determine whether informed consent readability guidelines have been established by Australian human research ethics committees (HRECs). A total of 20 informed consent documents, 10 HIV/AIDS and 10 type 2 diabetes, were measured for readability using the Simple Measure of Gobbledygook (SMOG) and Gunning Fog Index (Fog). Published guidelines and policy statements of the two local HREC who approved the 20 clinical trials (...) under study where examined to identify whether they had any formal policies/guidelines on the readability of informed consent documents. The two HRECs were contacted via e-mail to also determine whether they utilised any informal readability standards or “rules of thumb” that may not have been mentioned in the published documents. The HIV/AIDS and type 2 diabetes informed consent documents were, on average, written at a grade 13 reading level. Formal readability standards had not been established by the two local HRECs, however, they did verify the use of informal rules for assessing readability of informed consent documents. Based on Australian literacy data, the majority of informed consent documents were written well beyond the reading ability of many Australians. Unreadable informed consent documents may result in patients rejecting trial participation altogether or conversely may result in their participating in a trial with inadequate consent. Therefore, a step toward reducing the complexity of informed consent documents may be to implement objective readability assessments into the human research ethics application and review process. (shrink)

Informed consent forms have been useful in clinical practice and they constitute a part of the shared decision making in the informed consent process. They provide information to patients about clinical procedures and techniques. They also act as a remainder of the information discussed after the medical interview. Sometimes these documents are not readable to everybody. Belgian law specifies that all information that patients receive has to be proportionate verbally, but written information is also handled. The present research (...) analyzes the readability of the Flemish informed consent forms located in the webs of all General Hospitals using a simple random sample of 75 informed consent forms. By using the Douma tool, which bases its analysis in the length of words and sentences, the readability mean of the sample was 46, level “Difficult”. The 59% of them had a difficult level. The 11% were normal. It is a fact, then, that the 59% of the informed consent forms evaluated in this study are not suitable for everybody in Flanders, especially those people with low literacy. There were some researches made in other countries that agreed with these results. Written clinical information was poorly written so the informed consent forms were not working helping patients to recall information nor helping patients to become a part in the shared decision making about their health. The use of readability formulas represented a simple way to discriminate those informed consent forms that had normal readability scores from those that should be adapted. (shrink)

This mixed-methods study explores how high school students ( n=35) enrolled in a school with a high Latino/a population evaluate the trustworthiness of documents in two historical reasoning tasks: one about the Dust Bowl in the 1930s and the other about the experiences of Mexicans and Mexican Americans in the 1920s. Students indicated whether they trusted each document, provided a rationale for their trust (or distrust) of each document, and ranked the trustworthiness of the documents. We also interviewed (...) 10 focal students to explore students’ reasoning in more in-depth ways than the written responses allowed. We found that students tended to trust the secondary source documents more than the primary source documents because, as they argued, the secondary source documents contained more facts. In contrast, students were less likely to trust the primary source documents, particularly the songs, arguing that they were more opinion-based than factual. We also found that some students had an emotional response to the content of some of the documents, and in some cases, these emotional responses shaped how they viewed the documents’ trustworthiness. Additionally, students’ heritage may have played a role in some students’ trust justifications for some documents in the experiences of Mexicans and Mexican Americans task. We conclude with implications for curriculum and instruction. (shrink)

The paper examines the constitutive rule of the Documentality (object = written act), its explanatory power, and the role that writing and relations play in it. The social object is explained as a hybrid object, of higher order, consisting of heterogeneous parts; its identity is determined, amongst other things, by the relations it entertains with other entities. In the second part, after criticizing Searle’s notion of collective intentionality, which fails to explain conflict situations, the article focuses on some political (...) implications of social ontology, examining the role of immigrants sans papiers. (shrink)

The most of Tagore’s ideas expressed in his books and usual writings that draw attention by the Tagore’s scholars, a layman/woman cannot connect easily. The letters focused in this article are written in a simple language, though personal, rooted in daily experiences of Tagore himself—he shares in a very simple and lucid language. Often, the charges against Tagore’s philosophy are made that he is too idealistic and beyond realization. The paper attempts to argue based on these letters that his (...) ideas are not that idealistic and are deeply rooted in the daily life of human beings and can be realized. Tagore’s concern is to find out the basis of the religion that unites human beings, and he is searching for it in the truth of man’s nature. Tagore realizes that teaching of religion can never be imparted in the form of lessons, but he finds it in the living personality of man. This article is trying to concentrate on the letters Tagore had written to Indira Devi and Hemantabala Devi, expressing his religious thinking. The eagerness to realize the unity of the soul of man and universe with the Universal Man expressed the letters to Indira Devi. The criticism towards the blind faiths of Hinduism and image worship focuses on the letters to Hemantabala Devi. Many essential documents are expressing the religious thinking of Tagore, but these letters are the purest expressions of him and reflect a live image of Tagore’s mind. (shrink)

The paper presents findings gathered in an exploratory, descriptive, corpus-based analysis of a parallel corpus composed of English corporate documents and their translations into Polish with regard to the frequency-related, binary strategy distribution pattern. In general, the author posits a distinctiveness of interlingual communication in the domain of law, as delineated by the institutional and disciplinary framework. The material extracted from the corpus and studied for its generic features points to the hermetic character of corporate written communication in (...) English. The thesis to be verified is whether there are any tendencies in the distribution of the translation strategies in the corpus texts. The research question was operationalised via coding the corpus extracts according to the binary strategy division scheme. Further, the data have been discussed in reference to the sociocultural background of the communicative situation covered under the analysis in order to account for the translators’ motivation. (shrink)

Background: One of the ethical imperatives for a valid consent process in clinical medication trials is that the process be guided by and recorded in an informed consent document (ICD). Concerns have been expressed, however, about readability and participant understanding of ICDs, which are often 10–20 pages long. Objective measures of readability and understanding have been used to support these concerns in several articles, but surprisingly the voice of trial participants on ICDs has not been heard in previous studies. Hence, (...) this study compares participants' subjective views on readability and their understanding of ICDs with those ICDs' objective readability scores. It also evaluates whether family, friends, and additional aids would foster better understanding of the ICD. Methods: Sixty current trial participants rated the readability and their understanding of deidentified standard ICDs. These had been sourced from two multicenter international Phase III trials on medication for diabetes mellitus and cancer. Results: Less than 10% of participants considered the ICDs difficult to read or difficult to understand in spite of objective readability scores at levels of about 12th grade education, but about a quarter considered the ICDs to be too technical. Participants gave mixed responses about friends or family members helping or the need for videos, pictures, additional reading material, and frequently answered questions (FAQ) sheets as an aid to their understanding. Conclusions: These findings suggest individual clinical trial participants should be engaged on their views of an ICD, for doing so is part of informed consent as a process rather than consent being merely focused on written information. Such participant-specific engagement should guide whether family and friends, videos, pictures, additional reading material, and FAQ sheets would be of assistance in improving understanding. (shrink)

Arabic legal documents from early Islamic Egypt are attested in Arabic papyrus collections. These exhibit a formulaic structure that is clearly distinct from those of the Byzantine Greek tradition of legal documents, which continued to be written in the first Islamic century. The Islamic Arabic documents reflect a legal formulaic tradition that had its origins in the Ḥijāz of Arabia. This article examines the background of this Ḥijāzī tradition, with particular focus on the opening formula and (...) the witness clauses. Parallel features are identified in Ancient South Arabian legal texts and in texts of a legal nature from Northern Arabia. (shrink)

Guy Debord (1931-1994) was the most influential member of the Situationist International, the avant-garde group that helped trigger the May 1968 revolt in France. His book The Society of the Spectacle is considered by some to be the most important theoretical book of the 20th century. But while Debord's written work is some of the most notorious in the world of political and cultural radicalism, his films have remained tantalisingly inaccessible. Knabb's translation accompanies that long awaited English versions of (...) these films. Illustrated with 62 stills. (shrink)

This is a book about the relationship of the two traditions of Platonic interpretation -- the indirect and the direct traditions, the written dialogues and the unwritten doctrines. Kramer, who is the foremost proponent of the Tubingen School of interpretation, presents the unwritten doctrines as the crown of Plato's system and the key revealing it. Kramer unfolds the philosophical significance of the unwritten doctrines in their fullness. He demonstrates the hermeneutic fruitfulness of the unwritten doctrines when applied to the (...) dialogues. He shows that the doctrines are a revival of the presocratic theory renovated and brought to a new plane through Socrates. In this way, Plato emerges as the creator of classical metaphysics. In the Third Part, Kramer compares the structure of Platonism, as construed by the Tubingen School, with current philosophical structures such as analytic philosophy, Hegel, phenomenology, and Heidegger. Of the five appendices, the most important presents English translations of the ancient testimonies on the unwritten doctrines. These include the "self-testimonies of Plato." There is also a bibliography on the problem of the unwritten doctrines. (shrink)

This volume provides the first English translation of all the known correspondence to and from Søren Kierkegaard, including a number of his letters in draft form and papers pertaining to his life and death. These fascinating documents offer new access to the character and lifework of the gifted philosopher, theologian, and psychologist. Kierkegaard speaks often and openly about his desire to correspond, and the resulting desire to write for a greater audience. He consciously recognizes letter-writing as an opportunity to (...) practice composition. Unlike most correspondence, Kierkegaard's letters expressly "do not require a reply"--he insists on this as a principle, while he clearly and earnestly yearns for a response to his efforts. Among his other principles are purposefulness, directness, and the equality of a letter to a visit with a friend. Perhaps more than anything else in print, Kierkegaard's Letters and Documents reveal his love affair with the written word. (shrink)

The OpenNotes (ON) mandate in the 21st Century Cures Act requires that patients or their legally authorized representatives be able to access their medical information in their electronic medical record (EMR) in real time. Ethics notes fall under the domain of this policy. We argue that ethics notes are unique from other clinical documentation in a number of ways: they lack best-practice guidelines, are written in the context of common misconceptions surrounding the purpose of ethics consultation, and often answer (...) questions of a different nature than other documentation. Thus, we believe the clinical ethics community would benefit from clarification on when the withholding of ethics notes is justified. We provide recommendations for excluding information from ethics documentation based on the likelihood and magnitude of harm that may occur with particular disclosures and suggest approaches to decrease the potential harms that may occur. We define and explain six types of reasons to exclude information from ethics notes based on significant harms that are not addressed in the ON policy: (1) harmful revelations from a protected chart note; (2) negative emotional effects on patients or families; (3) the purpose of the consultation is undermined by harmful consequences; (4) avoidable negative impact on interpersonal dynamics; (5) inappropriate labeling or disclosure of medical, social, or financial information; and (6) inclusion of biasing or otherwise unfair information. We also suggest approaches to mitigate harm when excluding, including, reframing, or delaying release of information that is perceived to be relevant to an ethics case. Overall, we hope our analysis and recommendations will initiate a much-needed discussion about the impact of the ON mandate on clinical ethics documentation. (shrink)

This article aims to review the concept of ‘Sokhyung(贖刑)’ as an example of a pluralistic interpretation of ‘Heumhul(欽恤)’ in The Book of Documents in the 18th and 19th centuries, and compared and reviewed the interpretation of The Book of Documents by Jeong Yak-yong(丁若鏞) and Shim Dae-yoon(沈大允). Sokhyung is to replace the original sentence by paying property after the sentence is confirmed. It is a specific application example of Heumhul, which means careful and lenient application of punishment. In The (...) Book of Documents, the discussion related to Sokhyung is presented in Chapter 11 of Soonjeon(舜典) and Yeohyung(呂刑). Seojipjeon(書集傳) written by Chae Chim(蔡沈) became the standard for interpreting Sokhyung, and he opposed Sokhyung because it was not fair. At this time, Sokhyung has the meaning of ‘commutation’, and in this respect, Sokhyung takes on the character of Heumhul in that it is a lenient application of the law. Scholars of the Joseon Dynasty generally tended to follow the views of Chae Chim, but a new interpretation trend emerged in the 18th and 19th centuries. Jeong Yak-yong was in favor of the system of Sokhyung on the grounds that the body was preserved by carrying out Sokhyung. At this time, Sokhyung has a meaning of Heumhul in that it is a method of carefully applying punishment and plays a role in realizing the Virtue that likes to save lives(好生之德). Shim Dae-yoon opposed the system of Sokhyung, but did not fully agree with Chae Chim's view. He argued that Sokhyung has the character of applying the law leniently and plays a role of promising that the punishment will disappear(刑期無刑), but criticized the system of Sokhyung in that it interferes with the discretionary application of the law(權衡). (shrink)

There are many internationally developed text-matching software systems that help successfully identify potentially plagiarized content in English texts using both their internal databases and web resources. However, many other languages are not so widely spread but they are used daily to communicate, conduct research and acquire education. Each language has its peculiarities, so, in the context of finding content similarities, it is necessary to determine what systems are more suitable for a document set written in a specific language. The (...) research focuses on testing the existent text-matching software systems on a set of documents prepared in the Latvian language. The corpus includes documents containing verbatim plagiarism, paraphrasing, translation plagiarism and original text to test both false positive and false negative cases. In total, 16 different text-matching software systems are compared on the plagiarism coverage using the prepared document corpus. The research presented is a part of an international initiative “Testing of Support Tools for Plagiarism Detection ” established under the European Network for Academic Integrity. (shrink)

Hājjī Bayrām Walī’s religious guidance activities that he took over from Somuncu Baba (Ḥamīd al-Dīn Aqsarāyī) were not limited with Ankara and nearby it. These activities continued by expanding with Bayrāmī tekke lodges and zāwiyas which were established by khalīfas trained by him. As a result of this expanding, Shaykh Luṭfullah, one of the khalīfas, led to establishment of waqf and works related to it such as mosque, madrasah and zāwiya in Balıkesir and nearby it. There has not been any (...) detailed study about life of Shaykh Luṭfullah and his services. In this article, the waqf established by Shaykh is analyzed in terms of its trustees, sources of income, in charges, repairs and inspection of zāwiya. Documents analyzed for this article present that Shaykh Luṭfullah contributed to taking shape of religious and cultural structure of Balıkesir and nearby it in the 15th century. His services were not only on spritual bases under the roof of the mosque but he also had an effect on the economic, social and educational life of the region. Thus, Shaykh Luṭfullah and his zāwiya set an important example of the active and dynamic aspect of Anatolian wisdom (irfān) involved in life.Summary: Hājjī Bayrām Walī’s religious guidance activities that he took over from Somuncu Baba (Ḥamīd al-Dīn Aqsarāyī) were not limited with Ankara and nearby it. These activities continued by expanding with Bayrāmī tekke lodges and zāwiyas which were established by khalīfas trained by him. Hājjī Bayrām Walīwas one of the leading sufis who contributed to the formation of sufistic educational tradition. He played a role as an important attraction center in the middle of Anatolia and provided guidance for significant individuals such as Aq Shams al-Dīn (d. 863/1459), Yazıcızāde Muḥammad Bīcān (d. 855/1451) and Eşrefoghlu Rūmī (d. 874/1469-70?). One of such individuals, who completed his spiritual journey under the guidance of Hājjī Bayrām Walīwas Shaykh Luṭfullah from Balıkesir. He became khalīfa at the end of his duty with Hājjī Bayrām Walī. Luṭfullah Efendi descended from Isfendiyarids ancestry. He had left his job, in which he held a high position, and attended to the sect and settled in Balıkesir city. There is limited information about him, but it is known that he went to Ankara in order to help to establish Turkish bath upon the request of some significant figures of the time and there he met his mentor Hājjī Bayrām Walī. As a result of their conversations, the two became close to each other.Shaykh Luṭfullahinvited Hājjī Bayrām Walīto Balıkesir where their relation continued and increased. Luṭfullah Efendi established a beautiful house for his Shaykh Hājjī Bayrām Walīwho stayed in Balıkesir for a while. When he left for Ankara, the Shaykh charged Luṭfullah Efendi with the duty of spreading Bayrāmiyyateachings in Balıkesir and its neighborhood by entitling him as ‘Khalīfa’. Besides the fact that the exact date of his death is not known, it is recorded that Luṭfullah Efendi died at the beginning of the period of Meḥmed II’s (1451-1481) reign. His tomb is located in ahazire(an Ottoman word used for burial area reserved for special people especially in mosques or sufi lodges) in the Mosque called with his name after his death. It is known that Shaykh Luṭfullah had a son named Bahā’ al-Dīn (d. 895/1489-90)and a grandson named Shaykh Muḥyīal-dīn Meḥmed (d. 952/1545-46). Shaykh Luṭfullah carried out significant services in the mosque and zāwiya, which he built with his own budget and he contributed to various important and permanent services that continued throughout centuries. However, as much as we could determine, there is no study about the waqfor service fields of his buildings. In this article, the goal is to analyze some of the tangible surviving heritages of Shaykh Luṭfullah. The analysis is based on the documents in the related archives. In this context, mosque/waqfestablished by Shaykh Luṭfullah Efendi is analyzed under the subtitles of “administrator, resources of income/real properties, his servicemen, renovations-expenses of the mosque and inspection of the zāwiya”. Based on the relevant archive documents, it is understood that after the death of Shaykh, in order to be able to continue the services of the mosque and zāwiya, the authority of ruling his waqfpassed to his son, MawlānāBahā’ al-Dīn. It is known that Bahā’ al-Dīnwas very careful about the distribution of his father’s waqfincomes among the ones in need. He also established a sūfī-hāne building in Balıkesir. After Bahā’ al-Dīn, his son Muḥyīal-dīn Meḥmed (the grandson of Shaykh Luṭfullah) took the charge of the waqf. After his period, this duty continued to be spread among his ancestry until the beginning of the last century. The waqfcontinued to the services through the income obtained from the real estates. Based on the analyzed documents, it is determined that income-expense calculations of the waqfwas inspected from time to time, and the services of zāwiya was controlled occasionally in order to see if they continue to do so. Shaykh Luṭfullah Mosque, one of the most important historical artifacts in Balıkesir, has served Muslims for almost five hundred years and it went through various kinds of repairs. It is deemed suitable to analyze reparations, expansions and renovations in two different groups: Before Balıkesir earthquake in 29 January 1898 and after the earthquake. It is important to know that almost fifty percent of houses and buildings in Balıkesir city center was completely destroyed, many people died or seriously injured in the earthquake. Shaykh LuṭfullahMosque was completely demolished as well. It should be mentioned that the mosque had already been in bad condition before the earthquake. According to a document written one week before the earthquake, the mosque was very old and it could not meet the demands of the community any more as it was so small. After the devastating earthquake, ‘Abd al-Ḥamīd II ordered its renovation. Upon this order, the mosque was rebuilt and expanded. The name of ‘Umar ‘ᾹlīBey, Mutasarrıf(governor of an Ottoman province) of Qarasīis mentioned in the documents about the renovation of various buildings including Shaykh Luṭfullah Mosque after the 1898 Balıkesir earthquake. It is seen that various services in different positions were provided in Shaykh Luṭfullah Mosque where the mosque workers were the ones who mainly carried out these services. These duties were: “Imamate, oratory, muezzin-tutor, ministry and nāsih, children’s teacher, ferrāş, tabbākh and supervision”. These duties show that besides religious services, Shaykh Luṭfullah waqfused to provide educational services as well. On the other hand, based on the analyzed documents, we can assume that the needy could eat in this center, which used to serve like a social aid and solidarity waqf. In this article, specific detailed information is presented about some workers served in the waqf. Information about the name, date and salary of these workers is also included. When the waqfand services of Shaykh Luṭfullah are analyzed, it can be seen that he was a significant figure, carried out important missions just like his mentor Hājjī Bayrām Walī. It should be noted that Luṭfullah Efendi used to conduct sufistic conservations in the mosque he established but did not make religious ceremonies in his zāwiya in Mihaliç (Karacabey); he preferred to transform it into a center in which the needy can be fed and provided for their needs. In this respect, the Zāwiya of ShaykhLuṭfullah sets a significant example, which duly presents the active and dynamic aspect of Anatolian wisdom. (shrink)

Information on the risks and benefits related to surgical procedures is essential for patients in order to obtain their informed consent. Some disciplines, such as sociolinguistics, offer insights that are helpful for patient—professional communication in both written and oral consent. Communication difficulties become more acute when patients make decisions through an informed consent document because they may sign this with a lack of understanding and information, and consequently feel deprived of their freedom to make their choice about different treatments (...) or surgery. This article discusses findings from documentary analysis using the sociolinguistic SPEAKING model, which was applied to the general and specific informed consent documents required for laparoscopic surgery of the bile duct at Torrecárdenas Hospital, Almería, Spain. The objective of this procedure was to identify flaws when information was provided, together with its readability, its voluntary basis, and patients’ consent. The results suggest potential linguistic communication difficulties, different languages being used, cultural clashes, asymmetry of communication between professionals and patients, assignment of rights on the part of patients, and overprotection of professionals and institutions. (shrink)

The article explored the fact that various bioethical principles underlie the evaluation of the patient’s status and role in therapeutic interactions in written medical documents. We have found that characterization of biomedical, social and behavioural aspects of the patient’s existence relies on such bioethical principles as obligation, truthfulness, respect for human rights and dignity, the patient’s good. A few facts of the violation of the principle of respect for human rights and dignity consisting in verbal stigmatization have been (...) provided. Bioethical perspective is also taken to evaluate the mode and extent of the patient’s involvement in a medical interaction, which are either negatively or positively assessed based on the patient’s compliance and good. (shrink)

This volume provides the first English translation of all the known correspondence to and from Søren Kierkegaard, including a number of his letters in draft form and papers pertaining to his life and death. These fascinating documents offer new access to the character and lifework of the gifted philosopher, theologian, and psychologist. Kierkegaard speaks often and openly about his desire to correspond, and the resulting desire to write for a greater audience. He consciously recognizes letter-writing as an opportunity to (...) practice composition. Unlike most correspondence, Kierkegaard's letters expressly "do not require a reply"--he insists on this as a principle, while he clearly and earnestly yearns for a response to his efforts. Among his other principles are purposefulness, directness, and the equality of a letter to a visit with a friend. Perhaps more than anything else in print, Kierkegaard's Letters and Documents reveal his love affair with the written word. (shrink)

The consilia which will be examined here were written in the vicinity of the papal Rota at Avignon by Oldradus da Ponte. Educated at Bologna, he appears to have arrived at the Lateran in the entourage of Peter Colonna just before the Colonna fled from the wrath of Boniface VIII, and after a short spell as assessor for the Capitano del Popolo at Bologna and then as a teacher at Padua, to have migrated to Avignon where he was still (...) active in 1337. Initially, Oldradus' consilium 69 will be examined on the assumption that even a document which has long been described as �famous�, �important�, �celebrated� and �interesting�, will reward reconsideration. It will be argued that Oldradus did in fact sound a discordant note which failed to harmonizewith what has been presented as a contemporary consensus, namely that Justinian's legislation ought to be treated with a �veneration similar to that accorded to Holy Scripture�. This will be followed by a broader analysis of the deployment and nature of biblical and other extra-legal authorities in his consilia. An epilogue examines the wider significance of Oldradus' consilia. (shrink)