Theoretical paradigms, the frameworks within which thinking occurs, never capture the complexity of reality and are necessarily selective. Factors most important to understanding the phenomenon in question will be included and explained in a coherent, meaningful manner. But facts and ideas inconsistent with underlying assumptions may then appear less plausible, and, indeed, may be systematically overlooked or ignored. Health-related paradigms have practical importance because they influence what counts as a fact, what theories appear plausible and important, what research questions should (...) be pursued, and, therefore, what health-care interventions make sense. They also contain implicit underlying ideas about .. (shrink)

Why do humans menstruate while most mammals do not? Here, we present our answer to this long‐debated question, arguing that (i) menstruation occurs as a mechanistic consequence of hormone‐induced differentiation of the endometrium (referred to as spontaneous decidualization, or SD); (ii) SD evolved because of maternal–fetal conflict; and (iii) SD evolved by genetic assimilation of the decidualization reaction, which is induced by the fetus in non‐menstruating species. The idea that menstruation occurs as a consequence of SD has been (...) proposed in the past, but here we present a novel hypothesis on how SD evolved. We argue that decidualization became genetically stabilized in menstruating lineages, allowing females to prepare for pregnancy without any signal from the fetus. We present three models for the evolution of SD by genetic assimilation, based on recent advances in our understanding of the mechanisms of endometrial differentiation and implantation. Testing these models will ultimately shed light on the evolutionary significance of menstruation, as well as on the etiology of human reproductive disorders like endometriosis and recurrent pregnancy loss. (shrink)

The revelation that menstruation tracking apps share sensitive data with third parties, like Facebook, provoked a sense of violation among users. This case highlights the need to address ethics and governance of health data created outside of traditional healthcare contexts. Commodifying health data breaches trust and entails health and moral risks. Through the metaphor of The Wizard of Oz, we argue that these apps approximate healthcare without the professional competency, fiduciary duties, legal protections and liabilities such care requires and (...) thus represent an innovation in the annals of snake-oil salesmanship and the systematic devaluing of women’s bodies, lives, and work. (shrink)

In 1993, biologist Margie Profet captured the attention of the popular press with the publication of her radical thesis: menstruation has a function. Traditional theories, she claims, typically view menstruation as a functionless by-product of cyclic flux. The details of Profet's functional account are similarly radical: she argues that menstruation has been naturally selected to defend the female reproductive tract from sperm-borne pathogens. There are a number of weaknesses in Profet's evolutionary analysis. However, I focus on a (...) set of pragmatic problems that arise prior to any details of her evolutionary account. In arguing for the importance of pragmatic considerations, I draw from the linguistic analyses of Nelson Goodman. I conclude that critical investigation of the evolutionary details of Profet's pathogen defense account will be more feasible if and when biologists more frequently feature the female system of pathogen defense in their inductive generalisations. The system needs to be better entrenched before its functional components, such as menstruation, can be thoroughly investigated. (shrink)

A new interpretation of human menstruation is presented, resulting from a cross‐disciplinary investigation of evolution, developmental biology, and physiology. A process evolutionarily associated with childbirth expresses itself as menstruation in women for whom frequent and continual failure to conceive has become the default situation. In humans and Old World primates, contractile uterine spiral arterioles evolved as the complement of the highly invasive hemochorionic placenta and is the selected phenotype. Placental progesterone withdrawal during the last stage of birth leads (...) to arrested blood flow through maternal spiral arterioles, allowing detachment of the deciduous placenta with minimal maternal hemorrhage. In nonpregnant females, progesterone withdrawal from a degenerating corpus luteum initiates menstruation and stops blood flow through uterine spiral arterioles. Both events share similar physiological mechanisms and sequences. This explanation may improve our understanding of a recurrent event experienced by half of the human population and for a quarter of their adult reproductive life. (shrink)

Fasting of women on the days of her menstruation period is an issue that takes place in current fiqh discussions. Some contemporary researchers say that there is no religious obstacle for women to fast during these times. Moreover, they state that there is no reason to interrupt fasting, on the contrary, claim obliged to fasting. Meanwhile in traditional fiqh, it is stated that is religiously forbidden for women to fast during this period, rather it is claimed that fasting in (...) this period is ḥaram. The evidence brought to the views of all the mujtahids, who expressed their opinions on this matter was a narration from ʿĀʾisha Bint Abī Bakr (d. 58/678), a wife of Prophet (p.b.u.h). When a woman asked her if she should have fulfilled her ṣalāt (prayer) later, which she could not perform while she was in menstruation period, she responded to her as “are you Ḥarūrī?” then explained the answer. In some variants of this narration, matter of fasting is included in the question or answer. In this article, the issue of women's fasting during menstruation is discussed from a perspective based on isnād-matn analysis in the context of this narration which is called the “Ḥarūrī Ḥadīth”. In the matn of 71 riwāya identified on this article, it has been determined that the issue of fasting was added to the matns narrated by Ma'mer bin Rās̲h̲id and to some other narrations which in their corroborative (mutābī) matns not includes fasting. In later times, the version of the text with the mention of fasting was accepted as the original and became the proof that fasting of the menstruating woman was forbidden by religion. Considering the hadiths, which do not include issue of fasting, it is seen that the woman tābiʿī (Successor of the Companions) named Muâze asked ʿĀʾisha what the sunnah was about menstruating woman’s ṣalāt. Because in that era a sect called K̲h̲ārid̲j̲ites had claimed that women had to fulfill the ṣalāt that they could not perform during their menstruation, later. There are also other narrations mention the fasting of the menstruating woman. All these narrations indicated that the Prophet did not forbid fasting when menstruating, on the contrary, he just pointed out that fasting was interrupted due to menstruation. As fasting is not a worship like ṣalāt from which the woman is exempted from, a woman may interrupt fasting but must unconditionally fulfill this worship later. Thus, the situation of a woman in such a situation is equaled to the sufferer and the travelers who have a break from fasting. It is stated in traditional fiqh that a menstruating woman will not have to perform ṣalāts later that she couldn't fulfill in time. The necessity of performing a worship must be determined by a clear order of the prophet. However, a clear order regarding the prohibition of fasting during menstruation was not sought. Consequently, it is seen that the narrations are more clear evidence of the absence of any prohibition than they reveal the prohibition of fasting. It has been emphasized in the narratives that it is permissible for a woman to postpone her fast, but she is absolutely obliged to compensate the fasts that she did not fulfill, and she is not exempt from fasting as she is exempt from ṣalāt. (shrink)

This article focuses on blood donation as a form of bloodletting in a context where donation is commonly seen to alleviate the symptoms of `thick blood'. It deals with the gendered aspects of blood donation, and the parallels drawn between donating blood and menstruating. Women are seen not to need to donate blood as much as men, who, in the absence of menstruation, are more prone to thick blood and require a means to expunge the ensuing excess. While blood (...) donation professionals strive to reconstruct donation as a selfless and ungendered act, counterposing the `facts' of arterial blood circulation to local blood-lore and beliefs, lay understandings challenge this construction in the use they make of blood donation centres or by reiterating the personalistic and gendered dimensions of donation. The article explores cases of patients who use hormonal contraceptives which suppress menstruation and express concerns over the resulting accumulation of blood in the body. It considers how blood donation is adopted by some women as a means of dispelling both the perceived inconveniences of menstrual bleeding and its swelling effects. Such literalized engagements with medical technologies reveal a conception of the body as a permeable, malleable and recipient-like enclosure. These views are often characterized as `ignorance' by medical practitioners, where ignorance is seen to derive not only from the absence of knowledge, but from the presence of the wrong kind of knowledge. (shrink)

Depuis longtemps, les médecins se sont intéressés au phénomène de la menstruation, qui renvoie au mystère de l’» éternel féminin ». À la fin du XIXe siècle, le discours médical sur les règles recoupe encore sur bien des points les préjugés populaires, notamment en ce qui concerne l’impureté du sang menstruel. Les médecins toutefois ne sont pas unanimes : perçue par certains comme un garant de l’équilibre féminin, une « saignée naturelle » indispensable à la bonne santé de la (...) femme, la menstruation est stigmatisée par d’autres comme un état pathologique induisant chez la femme indisposée des troubles aussi bien physiologiques que psychologiques. La question des règles est ainsi révélatrice d’a priori qui sont tout autant masculins que médicaux, et le discours des médecins ne fait qu’apporter une caution qui se veut scientifique à la perception de la femme comme une éternelle malade, étroitement soumise à son destin biologique. (shrink)

SummaryAs part of a prospective controlled study of the psychosomatic effects of elective tubal sterilization, 138 women were questioned about their menstrual functioning before sterilization, and again 6 months and 12 months post-operatively, using standardized interviewing procedures. Adverse changes, including increased menstrual loss, shorter menstrual cycles and greater use of pads or tampons were reported by sterilized subjects at both of the post-operative interviews. Control subjects reported several comparable effects, although adverse changes overall were reported more commonly by sterilized women (...) than by control subjects. However, many of the reported changes appeared to be related to pre-operative contraceptive methods, although consistent increases in use of pads or tampons were found in women who had pre-operatively used neither the pill nor the IUD. (shrink)

Despite a great deal of feminist work that has highlighted its social construction, menstruation seems a self-evidently “natural” bodily process. Yet, how menstruation is defined or what “counts” as menstruation is rarely questioned. Examining menstruation alongside technologies that alter it highlights these definitional questions. In this article, I examine menstrual suppression through an analysis of medical journal articles and FDA advisory committee transcripts, paired with websites used to market menstrual suppression to consumers. Across these contexts, new (...) definitions of menstruation converged on a distinction between bleeding that occurs when women are taking hormonal birth control and when they are not. The case of menstrual suppression birth control pills provides an opportunity to study the work of redefining a biological process understood as quintessentially natural and deeply significant for gendered embodiment, as well as a challenge to consider both the social and material construction of gendered bodies. (shrink)

It has been argued that the thirteenth and fourteenth centuries were a crucial period in the medieval development of the idea of contagion. Theologians and physicians cooperated in devising a conceptual model based on medical literature (Hippocratico-Galenic and Avicennian) and formulated primarily to explain the origin, transmission, and development of contagious diseases, but that was flexible enough to be applied to a number of other different phenomena (the communication of sin and vices, love sickness, fascination, etc.). This article explores the (...) ways in which Albert the Great contributed to the formation of this broad and highly articulated notion of contagion. First, he provided a systematic analysis of the mechanisms of pathogenesis and transmission of contagious diseases (in particular, pestilences and leprosy). Moreover, his interests encompassed several different forms of contagion, including the powers of stones (e.g., the attractive virtue of the magnet) and animals, the influences of the woman’s body and mind (mulier menstruata and vetula), fascination. Albert also provided different models for the explanation of the “contagious influence” (mechanical explanation based on physical contact, the Avicennian theory of psychosomatic transformations, the Avicennian doctrine of the power of the soul over external bodies, spiritual transmission of sins). As a result of his investigation into the mechanisms of disease transmission, air contamination, noxious influences, and fascination, Albert came to problematize the usual idea of natural causality based on the principle of contact between substances, and to test the potentials and limits of action at-a-distance. In particular, the present paper will examine Albert’s views on some of the phenomena explained through the concept of contagion: pestilences, leprosy, the basilisk, the menstruating woman, and fascination. (shrink)

John Cleland’s 1740s pornographic novel, Memoirs of a Woman of Pleasure repeatedly depicts and eroticises the act of defloration. As such it is a revealing illustration of what Ivan Bloch termed the ‘defloration mania’ of the eighteenth century. This article maps narrative events on to contemporary medical depictions of first intercourse to show the ways that the theories and ideas presented in medical and pseudo-medical texts transferred into erotic fiction and demonstrates how in some instances the bloody defloration scenes can (...) be read as being sex during menstruation, an act which was culturally forbidden at this time. (shrink)

L’ouvrage de Evyatar Marienberg reprend en partie sa thèse d’anthropologie religieuse soutenue à l’EHESS en 2002. Monument d’érudition, travail d’exégète averti, l’ouvrage, passionnant pour ce qu’il révèle des représentations des rabbins concernant les femmes, tente d’analyser « l’histoire longue, complexe, toujours en devenir de la conceptualisation de la menstruation chez les juifs ». Il s’appuie sur de multiples sources : les textes de la Bible, du Talmud tout autant que ceux des grands dé...

In the modern world, technology has enabled us to understand the connections between the menstrual cycle and female fertility and to observe the reproductive process even from conception. Unable to see inside the living body, however, eighteenth-century people imagined reproduction and fertility holistically. Their understanding of fertility was inseparable from the way in which they imagined the inner-workings of the humoral body. Although menstruation was understood to be connected to reproduction, it was considered unreliable, a peripheral indicator of fertility. (...) Above all, the best marker of a woman’s fecundity was good overall health. (shrink)

Most religious texts and practices warrant the exclusion of women from religious rituals and public spheres during the menstrual flow. This is seemingly at odds with the very idea of ‘Religion’ which binds the human beings with God without any gender and sexual discrimination. The present article attempts to problematize the ascription of negative values on menstruating women prevalent in both Hinduism and Christianity, two major world religions of the East and the West. After briefly stating the patriarchal values that (...) restrict women from participating in religious rituals and shaming them during menstruation as seen from both these religions, the article highlights the alternate feminist perspectives in beliefs that positively value the menstruating bodies. Thus, the notion of profanity is revalued as sacred in these alternate religious perspectives.Drawing from the writings of Mary Douglas, we then examine the connection between the notion of purity/impurity and menstruation and argue that what makes something pure or impure depends upon the archetype the society chooses to represent itself. In itself, nothing is either pure or impure in the sense of having a value or disvalue. This argument is exemplified through a feministic-hermeneutic approach to the religious practices in two major world religions. The article concludes by uncovering the patriarchal values held by religions as the cause of menstrual taboos in religious practices and argues that the notions of purity/impurity and sacred/profane are the results of the valuations made—from a patriarchal or feministic perspective. (shrink)

Menstrual taboos are nearly ubiquitous and assume parallel forms in geographically distant populations, yet their function has baffled researchers for decades. This paper proposes that menstrual taboos are anticuckoldry tactics. By signaling menstruation, they may advertise female reproductive status to husbands, affines, and other observers. Females may therefore have difficulty in obfuscating the timing of the onset of pregnancy. This may have three consequences: (a) males are better able to assess their probabilities of paternity and to direct their parental (...) investment toward genetic offspring; (b) adulterous pregnancies are more easily detected and penalized, enhancing sexual fidelity; and (c) males avoid marrying pregnant females by relying on menstruation as evidence of nonpregnancy. This hypothesis is tested with 29 months of field data on menstrual taboos among the Dogon of Mali. Key results include the following: (a) cuckoldry is a major Dogon concern, (b) menstrual huts advertise female reproductive status, (c) husbands impose the taboos upon their wives, (d) female defiance of the taboos is undetectable and probably rare, and (e) informants think that the taboos help husbands and patrilineages to avoid cuckoldry. Thus the anti-cuckoldry hypothesis provides helpful insight into the menstrual taboos of the Dogon and should be tested among other populations. (shrink)

Menstruation leave for women workers brings into the public domain of mining ongoing debates around protective legislation for women. It brings into focus the presumed tensions between gender equity and gender difference with regard to women's economic citizenship. Large-scale mining in East Kalimantan in Indonesia has offered some opportunities to poor and unskilled rural women to find formal jobs in the mines as truck and heavy equipment operators. This paper presents a case study of women in mining occupations, considers (...) the implications of current menstruation leave provisions on the employment of women in the mines and raises serious issues related to gender equity in the workplace. The involvement of women in a non-conventional workplace such as the mine pits, providing a novel site for contestation over the rights of women workers, illuminates a less-debated area in feminist studies, especially in view of the significant ongoing changes in the Indonesian framework for industrial relations. (shrink)

"The location of the author’s investigations, the body itself rather than the sphere of subjective representations of self and of function in cultures, is wholly new.... I believe this work will be a landmark in future feminist thinking." —Alphonso Lingis "This is a text of rare erudition and intellectual force. It will not only introduce feminists to an enriching set of theoretical perspectives but sets a high critical standard for feminist dialogues on the status of the body." —Judith Butler Volatile (...) Bodies demonstrates that the sexually specific body is socially constructed: biology or nature is not opposed to or in conflict with culture. Human biology is inherently social and has no pure or natural "origin" outside of culture. Being the raw material of social and cultural organization, it is "incomplete" and thus subject to the endless rewriting and social inscription that constitute all sign systems. Examining the theories of Freud, Lacan, Merleau-Ponty, Foucault, Deleuze, Derrida, etc. on the subject of the body, Elizabeth Grosz concludes that the body they theorize is male. These thinkers are not providing an account of "human" corporeality but of male corporeality. Grosz then turns to corporeal experiences unique to women—menstruation, pregnancy, childbirth, lactation, menopause. Her examination of female experience lays the groundwork for developing theories of sexed corporeality rather than merely rectifying flawed models of male theorists. (shrink)

Written over a span of more than two decades, the essays by Iris Marion Young collected in this volume describe diverse aspects of women's lived body experience in modern Western societies. Drawing on the ideas of several twentieth century continental philosophers--including Simone de Beauvoir, Martin Heidegger, Luce Irigaray, Julia Kristeva, and Maurice Merleau-Ponty--Young constructs rigorous analytic categories for interpreting embodied subjectivity. The essays combine theoretical description of experience with normative evaluation of the unjust constraints on their freedom and opportunity that (...) continue to burden many women. The lead essay rethinks the purpose of the category of "gender" for feminist theory, after important debates have questioned its usefulness. Other essays include reflection on the meaning of being at home and the need for privacy in old age residences as well as essays that analyze aspects of the experience of women and girls that have received little attention even in feminist theory--such as the sexuality of breasts, or menstruation as punctuation in a woman's life story. Young describes the phenomenology of moving in a pregnant body and the tactile pleasures of clothing. While academically rigorous, the essays are also written with engaging style, incorporating vivid imagery and autobiographical narrative. On Female Body Experience raises issues and takes positions that speak to scholars and students in philosophy, sociology, geography, medicine, nursing, and education. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Secret Inside MeDiana GarciaGrowing up, our Chicano household was loud and boisterous. There were eight of us in one small house with one small bathroom. All five of us girls shared one bedroom so there was not much privacy, if any. Watching my sisters go through their puberty was isolating—I was never on the receiving end of the secret whispers and knowing looks I saw my mother exchange (...) with my sisters when they started menstruating. It made me feel “different” and excluded from that mother–daughter connection. My only comfort was that my sister, who was one year younger, had not started her period either, and we shared our fears that we were different from our other sisters.In 1979, when I was a senior in high school, I approached my mother and assertively told her that I had made the decision to seek out a doctor as soon as I turned eighteen years old because I felt I needed to get answers for myself and my sister. I was positive that something was not right. From the time I was about twelve years old, I would question my mom about why I hadn’t started my period. She always shooed me away saying that I was a late bloomer and that every girl starts at different ages, some at nine, some at fourteen years old. However, I always knew something was not right. I just knew.My mother was annoyed, but she said, “Alright mija, I’ve just been worried because you are a virgin and I don’t think I want anyone probing you down there.”I remember telling her something like, “Mom, at this point, if that is what needs to happen for me to find out, then so be it. But can you come with me to the doctor? Please?” [End Page 92]She said, “I know; I’m worried, too and yes, I’ll go with you.” My mom and I hugged, and I could feel the worry and tension in our hug. I was not sure if it was coming from me or her.The day of my gynecology appointment finally came. I had been looking forward to it for so long. This was my first experience as an adult other than having that grownup feeling the day I graduated from high school. The nurse told me to undress and to put on the paper gown and then left the room. I told my mother to stay sitting in her chair, that I did not want her to leave me for a second. The young doctor entered the room and introduced himself to us and asked me to sit on the examining table as he asked, “So, what is the reason for this visit?” I told him, “I want to know why I haven’t started my period. I feel like something is very wrong with me.”He had me lay back and put my feet in the stirrups, instructing me to relax. I reached my hand out to my mother and she stood and came by my side and held my hand tightly.He squeezed some gel on his gloved hand and again asked me to relax and to just let my knees drop back. His fingers with the cold gel probed and after a few seconds of probing he looked up and said,“What the heck?! There’s no cervix?”My mother and I looked at each other in confusion and then he said, “There’s nothing!”He then stood up and said, “Please get dressed and the nurse will show you to my office.” He exited the room, leaving us to look at each other with tears in our eyes, stunned at his outbursts.I will never forget his reaction or his words.A sympathetic nurse led us into the doctor’s office and we sat down.He looked at me and said, “You need to have surgery immediately or you will die of cancer.”I turned to look at my mother and we both started tearing up. I asked, “Why? What do you mean? I have cancer?”He said, “No you don’t. Not right now... (shrink)

I explore the ethics of altering the body of a child with severe cognitive disabilities in such a way that keeps the child “forever small.” The parents of Ashley, a girl of six with severe cognitive and developmental disabilities, in collaboration with her physicians and the Hospital Ethics Committee, chose to administer growth hormones that would inhibit her growth. They also decided to remove her uterus and breast buds, assuring that she would not go through the discomfort of menstruation (...) and would not grow breasts. In this way she would stay “forever small” and be able to be carried and handled by family members. They claimed that doing this would ensure that she would be able to be part of the family and of family activities and to have familial care. But the procedure has raised thorny ethical questions. I wish to explore these questions philosophically by bringing to bear my own experiences as a mother of a grown daughter with severe cognitive impairments. (shrink)

This article argues that the limited influence of Ludwik Fleck's ideas on philosophy of science is due not only to their indirect dissemination by way of Thomas Kuhn, but also to an incommensurability between the standard conceptual framework of history and philosophy of science and Fleck's own more integratedly historico-social and praxis-oriented approach to understanding the evolution of scientific discovery. What Kuhn named "paradigm" offers a periphrastic rendering or oblique translation of Fleck's Denkstil/Denkkollektiv , a derivation that may also account (...) for the lability of the term "paradigm". This was due not to Kuhn's unwillingness to credit Fleck but rather to the cold war political circumstances surrounding the writing of The Structure of Scientific Revolutions . Following a discussion of Fleck's anatomical allusions, I include a brief discussion of Aristotle (on menstruation and darkened mirrors) and conclude with a reference to the productivity of error in Mach and Nietzsche. (shrink)

The historical context of body and tissue donation is deeply problematic, with patriarchal and colonial narratives. The contemporary context of molecular and genetic biology further complicates issues of bodily donation through narratives of abstraction and extraction. As practitioners working outside the conventional boundaries of scientific study learn the tools and techniques to extract and use bodily materials, they are also learning and challenging the procedures and processes. This article approaches questions of bodily donation through the edited transcript of a conversation (...) between artists who regularly use body fluids and cellular bodily materials in their practice, moderated by Louise Mackenzie and Ilke Turkmendag as part of the Taboo–Transgression–Transcendence in Art & Science Conference held online with the support of the University of Applied Arts, Vienna, 2020. The panel challenged the ethical and conceptual assumptions made in biotechnological research and reconsidered where the boundaries of the body lie, what ‘authority’ research carries and what choices researchers make when using the bodies of others. The transcribed conversation addresses taboos of the female body, specifically menstruation, the commodification of tissue from female human bodies, human milk politics and questions biopolitical treatment of the female body. The full, unedited panel conversation, including questions from the audience, and an accompanying video of edited interviews with panellists, is available online at https://www.loumackenzie.com/offering-the-body. (shrink)

This book provides a showcase for a wide range of discourse analytical work in psychology from a feminist perspective. It constitutes a thorough critical evaluation of this approach for the feminist project of intellectual, social and political change. Leading researchers explore the benefits and contradictions of discourse analysis and consider its value for feminist psychology. The first part of the book illustrates the application of discourse analysis to four key topics of feminist concern: adolescent knowledge about menstruation; sexual harassment; (...) gendered representations of childhood; and anorexia nervosa. The second part contains five assessments of the usefulness of discourse analysis - both as theory and as method. (shrink)

Dysmenorrhea, or menstrual pain, is regularly suffered by 45 to 95% of menstruating women. Despite its prevalence, and despite the philosophical importance of pain as a general phenomenon, dysmenorrhea has been all but completely overlooked in contemporary analytic philosophy of mind. This paper aims at rectifying this situation. We single out three properties of what is often considered the paradigmatic case of painful experience, what we call injury-centered pains, and argue that dysmenorrhea does not have any of them, and hence (...) that it does not neatly conform to the injury-centered model of pain. This calls into question the centrality of the injury-centered model, and suggests novel research avenues within theoretical debates on affectivity. (shrink)

‘On the 26th of January 1950, we are going to enter into a life of contradictions. In politics we will have equality and in social and economic life we will have inequality’. B. R. Ambedkar’s famous last speech to the Constituent Assembly on 25 November 1949 still resonates within contemporary Indian constitutional law, and even more so his following interrogation: ‘how long shall we continue to live this life of contradictions?’ Prima facie societal, the contradiction is however also a temporal (...) one, Indian constitutional law being founded on both the British traditional idea of ‘continuum’ and the American inspired revolutionary principles of ‘pursuance’ of a novel legal and social order. Two recent Indian Supreme Court decisions pertaining to the de-criminalisation of same sex relations ( Navtej Singh Johar v. Union of India) and for the right of menstruating women to enter the Sabarimala Temple in Kerala ( Indian Young Lawyers Association v. Union of India) offer through their differing and sometimes dissenting opinions a glimpse at those temporal contradictions. Through an analysis of both decisions and in particular that of Chandrachud J. and Malhotra J.’s judgements, this article seeks to highlight two radically differing conceptions of temporality applied to constitutional issues, which can themselves be linked back to the transposition of the legal positivist discourse in India within the colonial era: on the one hand, an attempt to continue Common law’s empirical-based tradition and on the other hand, an (apparently) a-historical perception of Law drawn from neo-Roman civilian legal discourse and later normative positivism. If both branches of legal reasoning aim at protecting minorities’ rights, the value they inscribe to History within the realm of Law cannot be further apart. (shrink)

Aristotle’s theory of seed has occupied a very important place in the history of ancient embryology and medicine. Previous studies have overemphasized, in light of the APo. II method, Aristotle’s definition of seed as male semen. In this paper, I wish to show that there are at least three independent definitions of seed working in Aristotle’s Generation of Animals: seed as male semen, seed as female menstruation and seed as embryo. Those three definitions are mutually exclusive on the one (...) hand, but on the other hand, they are also capable of being unified into one Aristotelian account, which can help us understand better Aristotle’s theory of seed. (shrink)

This paper reports on recent regulations and guidelines in the Federal Republic of Germany bearing on perinatal medical ethics, embryo research and trophoblast biopsy. Some of the regulations are defensive responses to new moral opportunities. In contrast, this paper calls for a more aggressive moral cost-benefit assessment of high technology medicine, which would include large-scale research on embryos prior to the fiftieth day post-menstruation. Keywords: abortion, embryo research, moral triage, prenatal diagnosis, withholding treatment CiteULike Connotea Del.icio.us What's this?