The invention of Bitcoin in 2008 as a new type of electronic cash has arguably been one of the most radical financial innovations in the last decade. Recently, developer communities of blockchain technologies have started to turn their attention towards the issue of governance. The features of blockchain governance raise questions as to tensions that might arise between a strictly “on-chain” governance system and possible applications of “off-chain” governance. In this paper, we approach these questions by reflecting on a long-running (...) debate in legal philosophy regarding the construction of a positivist legal order. First, we argue that on-chain governance shows striking similarities with Kelsen’s notion of a positivist legal order, characterised by Schmitt as the machine that runs itself. Second, we illustrate some of the problems that emerged from the application of on-chain governance, with particular reference to a calamity in a blockchain-based system called the DAO. Third, we reflect on Schmitt’s argument that the coalescence of private interests is a vulnerability of positivist legal systems, and accordingly posit this as an inherent vulnerability of on-chain governance of existing blockchain-based systems. (shrink)

Informed consent to medical intervention is fundamental in both ethics and law. But in practice it is often not taken seriously in developing countries. This paper provides an appraisal of informed consent practices in Bangladesh. Following a review of the ethical and legal principles of informed consent, it assesses the degree to which doctors adhere to it in Bangladesh. Based on findings of non-compliance, it then investigates the reasons for such non-compliance through an appraisal of informed consent practices in Bangladesh (...) and provides recommendations aimed at improving such practices. The significance of this paper lies in unveiling the interdependence between the ethical and legal traits of informed consent and their ramifications on strengthening the patient-oriented approach of duty to care. (shrink)

Scientific revolution is a widely known concept. But does revolution really occur in science? Change through revolution means that present thinking does not retain anything from the past, because everything is thrown away due to the revolution. Does this pattern of change really correspond to the history of science? There is another pattern which is called evolution. This writing will show that process of evolution rather than revolution presents the real situation of scientific change. According to this concept, science grows (...) as an organic species grows in certain environment. An organism is different from its every former stage, yet it remains the same organism throughout its life. In the same way, we will find both change and continuity in scientific growth. (shrink)

In Plato’s Theaetetus , Socrates is portrayed as a midwife to the intellect, a metaphor for his task as a dialectician as he seeks to help give birth to wisdom. Thus it is that the author refers to Plato as the midwife’s apprentice. This volume represents an attempt to provide a more manageable account of the author’s two volume magnum opus, An Examination of Plato’s Doctrines . An accessible and lucid introduction to Plato’s ideas is provided which nonetheless challenges traditional (...) interpretations. In particular the author is concerned to offer an interpretation of the significance of what Plato said. The chapters are arranged by topic, for ease of comprehension. (shrink)

In this article we consider certain elements of the normative theory of Jürgen Habermas in the light of the proposals of Bruce Ackerman, with a view to strengthening a concept of deliberative democracy applied to the legitimation of juridical rules. We do not construct a hierarchy of the two positions, but seek to bring together certain elements to achieve a common project. As the starting point for examining the work of the two authors, we take the scheme proposed by Habermas (...) in Faktizität und Geltung. In this connection, through the work of Ackerman, we intend to fill in some of the gaps that Habermas appears to have left in the theory of radical democracy applied to the law. The work of Ackerman can make a significant contribution to deliberative democracy, to the discourse principle that Habermas defines, and to the contractualist theories from a liberal perspective. The study of these contributions makes possible a critical judgment that enables the legitimation of juridical rules carried out by Habermas to acquire greater practicity. In examining the epistemological status of juridical science and law, we attempt to determine the weight and the performance of normative democracy. In Tarr's view, it is a matter for philosophers to examine direct democracy and its desirability. (shrink)

James I. The Political Works of James I. Reprinted from the Edition of 1616. With an Introduction by Charles Howard McIlwain. Cambridge: Harvard University Press, 1918. cxi, 354 pp. Reprinted 2002 by The Lawbook Exchange, Ltd.

Against the traditional view, Alvin Goldman argues that logic, probability theory, and linguistic analysis cannot by themselves delineate principles of rationality or justified belief. The mind's operations must be taken into account.