The Swiss Confederation is characterised by a long constitutional evolution that can be divided into several important periods: the Old Swiss Confederacy (13–14 C.), Helvetica (1798–1848), Mediation (1803–1814), Restoration (1815–1830), Regeneration (1830–1848) and development since 1874. It can be stated that Switzerland adopted a modern, democratic constitution early; this state is the oldest democratic republic in Europe. In 1874, many amendments to the effective Constitution were made and a lot of gaps in legal regulation came to light, which led to (...) the opinion that in order to remove those shortcomings, a few specific amendments were no longer sufficient; therefore, it was decided to make substantial changes to the Constitution. The new Constitution was approved by the people and the cantons in the referendum of 18 April 1999 and came into effect on 1 January 2000. The most significant features of this Constitution include the entrenchment of the principles of democracy, federalism, and of the state of law and social welfare. Pursuant to the principle of division of governmental powers, the governing of the state is carried out by the following federal institutions: the Federal Assembly, the Bundesrat and the Federal Court. (shrink)

While analysing constitutions of various countries in the legal literature, usually not only the form and the content but also the structure of the constitution is discussed. The structure of the constitution is an internal organisational order of the norms of the constitution. Although every state has a unique structure of their constitution, however, certain regularities can be discerned. The analysis of the structure of various constitutions leads to a conclusion that normally each constitution consists of the following standard structural (...) parts: the preamble, the main part, the final, transitional or additional provisions, in some constitutions there can also be annexes. The article ascertains that most of the constitutions begin with the introductory part, the preamble. Only the constitutions of several countries (e.g. Norway, the Netherlands, Belgium, Italy, Greece) contain no preamble. After analysing the preambles of the Lithuanian Constitutions adopted in 1918-1940, the Lithuanian Constitution of 1992, the Constitution of the United States of America of 1787, the Constitution of Federal Republic of Germany of 1949, and the constitutions of several Central and Eastern European countries (the Constitution of the Republic of Estonia of 1992, the Constitution of Czech Republic of 1992 and the Constitution of the Republic of Poland of 1997) it is stated that a preamble is considered as an inseparable part of an official text of a constitution. The preamble reflects the historical context and the circumstances of the adoption of a constitution, names the goals of the constitutional regulation, fortifies the values to be attained, declares the key political principles or even the fundamental human rights and freedoms, etc. Often the preamble reveals the methods of adoption of a constitution. The preamble is an important structural part of the constitution that helps to understand the established constitutional regulation. The principles enshrined in it can be considered as significant argument for the constitutional justice institutions while solving the case of whether the law or any other legal act in question contradicts with the constitution. While interpreting and applying the constitution as a single act, its separate sections, clauses or certain provisions it is necessary to take the content of the preamble into account, since no text of the constitution shall be interpreted in a way to contradict the statements of the preamble and its spirit. The preamble is not only a category of a political, ideological or philosophical nature, it undoubtedly has the legal burden, therefore it is considered to have legal validity. Constitutions usually do not contain any particular preamble amendment procedures. The preambles are characterised to have the so-called higher style; they are usually formulated not in compliance with the requirements of legal technique. Therefore, they differ from other constitutional provisions that are usually set out in official writing style according to certain rules of legal technique. (shrink)

This paper discusses the results of the international applied research project ‘UniDiversity – Universities Towards Diversity’ that examined what discriminatory attitudes, beliefs and behaviours based on sexual orientation, gender identity and sex characteristics (SOGISC) exist in the Lithuanian, Greek and Italian academic environment. Specifically, this paper analyses how LGBTI+ individuals conceive of different forms of discrimination in the Lithuanian academic environment. The paper fills the knowledge gap in terms of intolerance and discrimination against LGBTI+ individuals at Lithuanian higher education institutions (...) and provides its theoretical explanation. By focusing on the empirical data collected from survey and focus group interviews, the paper interprets them within the framework of both the sociopolitical context and theoretical debates about heteronormative attitudes. The paper argues that there exists a gap between the declarative openness to LGBTI+ people within Lithuanian universities and persisting stereotypes and discriminatory attitudes towards them. (shrink)

Rapid advancement of technologies continues to revolutionize healthcare foundations and outlook. Technological progress in medicine are not only continuing to improve quality of individual life but also generally improving quality of healthcare services. As a matter of fact, the most significant change in healthcare systems was the shift from standardized, patronizing and rigid physician–patient relationship to more patient-focused, personalized and participatory practice. With this shift came increased attention to the assurance of patient’s right to autonomy. Therefore, this article aims to (...) discuss principal problematic aspects of patient’s right to autonomy hereby the patient’s role in the context of technologies and innovation. It is argued, that one of the effective ways to ensure patient’s right to autonomy is implementation of legal instruments, such as informed consent, advance directives and Ulysses contracts. However, this article also proposes, that with a potential of new technologies and artificial intelligence, these legal instruments need to be reconsidered and transformed in more efficient and eligible model, presenting information in more individualized, appealing and convenient manner. (shrink)

Article 14 Chapter I ‘The State of Lithuania’ of the Constitution of the Republic of Lithuania of 1992 reads as follows: ‘Lithuanian shall be the State language’. This principle is not new in the Lithuanian history of constitutionalization, as Lithuanian was the official language of the State in the interwar period but lost this status during the Soviet occupation. After 1988, when many political, economic and social changes crucial for further development of the State took place in Lithuania, linguistic issues (...) re-emerged. It was recognized back then that language played a vital role in the life of the State and the society, and the Lithuanian language was given back its status of the official language by the Constitution. The principle that Lithuanian is the official language of the State, enshrined in Article 14 of the Constitution of the Republic of Lithuania, was further elaborated by the Constitutional Court of the Republic of Lithuania in its rulings and judgments. According to its official constitutional doctrine, the Lithuanian language should be treated as a very specific constitutional value, as it forms the basis of the ethnic and cultural identity of the Lithuanian nation and is the guarantor of the national identity and survival. The status of Lithuanian as the official language means that the Lithuanian language must be used in all spheres of public life. The Court also holds that having this principle enshrined in Chapter I ‘The State of Lithuania’ of the Constitution implies that the Lithuanian language enjoys particular protection since the provisions of this Chapter may be amended only by a referendum. (shrink)

The object of this study is the legal framework for the sale or purchase of company shares when the goal of the transaction is the sale of a business. The impact of such transactions on Lithuanian economic development underlines the importance of this study. The recent wave of mergers and acquisitions in Lithuania is likely to substantially increase the number of related legal disputes as well. Legislation on the purchase and sale of company shares and the resulting transfer of business (...) has been enacted in Lithuania only recently. The regulation of such cases remains rather unclear, few cases have been brought to court, and the topic has been barely addressed by legal scholarship in Lithuania to date. It is unclear whether the fact that the real purpose of the transaction is not a simple reassignment of company shares, but business transfer, results in any differences in the interpretation and application of the law. An especially delicate question, raised in Lithuania and other European countries, is whether the buyer may submit a warranty claim to the seller regarding the business acquired. (shrink)

The validity (probability) of non-competition covenants which are typical for business transfer transactions is one of those issues on which discussions go in the international business transfer theory and practice. On one hand, such covenants help ensure the business interests of the buyer, on the other hand, by their nature, they can mean a restriction of competition, which is prohibited by law. This article, based on the analysis of the European Union, the Lithuanian and foreign legislation, case-law and doctrine, is (...) designed for a disclosure of the concept of non-competition covenants, which are concluded by the parties in the context of a business transfer as well as for the identification of the conditions of the validity (admissibility) of those covenants. (shrink)

The form and registration requirements applicable for transfer of close company shares differ in various countries. Discussions on separate related aspects take place in the international business transfer theory and practice. The Lithuanian legal regulation of the said requirements is continually improved, taking into account the experience of other countries and business practice needs. Based on the analysis of the European Union, the Lithuanian and foreign legislation, case law and doctrine, this article is designed for the examination of effectiveness and (...) adequacy of current requirements for the form of share sales transactions as well as expedience of fixing the model of public registration of data about shareholders of a close company. (shrink)

Predatory pricing is one of the forms of the abuse of a dominant position. Judicial institutions of the European Union and Commission during analysis of predatory pricing devote main attention to the relationship between costs and prices of the dominant undertaking. Moreover, attention is paid also to various cost benchmarks: average variable costs, average avoidable costs, average total costs and long run average incremental costs. European judicial institutions should pay less attention to the costs of a dominant undertaking than to (...) evaluation of the effect of the actions of a dominant undertaking to consumers and competition in the market. Moreover, proposition of the Commission to use average avoidable costs in predation cases does not correspond to the practice of the Court of Justice and the General Court. The Commission should stipulate more clearly how average avoidable costs and long-run average incremental costs should be calculated in order to increase legal certainty of the undertakings. Establishment of prices higher than average total costs by the dominant undertaking should not be recognized as predatory pricing. (shrink)

In contrast to the assumptions of standard economic theory, recent experimental evidence shows that the income of peers has a systematic impact on observed degrees of risk aversion. This paper reports the findings of two experiments examining the impact of income inequality on risk preferences and whether the knowledge of inequality mediates the decisions. In Experiment 1, participants who were recruited for a real-effort task were paid either a low wage or a high wage. Half of the participants were aware (...) of the income inequality, while the other half were not. After completing their task, they were invited to invest a part of their salary in a risky asset. In Experiment 2, we replicated the same experiment in the laboratory with windfall endowments to test the consistency of results in the laboratory settings. The results of the first experiment show that high-wage subjects take higher risks than low-wage participants do if they are aware of the inequality in wages. This finding supports the idea that income comparisons shape risky decisions. In Experiment 2, on the other hand, we did not observe any significant differences in decisions. This may suggest that the income comparison is sensitive to house-money effect. (shrink)

Lietuvos, kaip ir kitų Europos valstybių, teisės aktai numato bendrovės visuotinio akcininkų susirinkimo sprendimų teisėtumo užtikrinimo priemonę – tokių sprendimų pripažinimo negaliojančiais institutą. Civiliniame kodekse išvardijami teisiniai šio instituto taikymo pagrindai. Kita vertus, visuotinio akcininkų susirinkimo sprendimų pripažinimo negaliojančiais pagrindų sistemos skirtingose valstybėse skiriasi. Šiame straipsnyje siekiama pateikti bendrą įstatymo numatytų bendrovės visuotinio akcininkų susirinkimo sprendimų pripažinimo negaliojančiais pagrindų Lietuvos teisėje apžvalgą, minėtų pagrindų sistemą lyginant su užsienio valstybių teisiniu reglamentavimu.

Philosophy Bites brings together the twenty-five best interviews from this hugely successful website.

This paper scrutinizes the tension between individuals’ rights and paternalism. I will argue that no normative account that includes rights of individuals can justify hard paternalism since the infringement of a right can only be justified with the right or interest of another person, which is never the case in hard paternalism. Justifications of hard paternalistic actions generally include a deviation from the very idea of having rights. The paper first introduces Tom Beauchamp as the most famous contemporary hard paternalist (...) by outlining his moral theory (principlism) and showing why it, as it stands, has to allow for hard paternalism. Secondly, the paper focuses on the notion of rights within principlism. I will employ traditional theories of rights to make sense of rights in principlism. Unfortunately, this attempt fails. In the third part, then, I claim that rights can only be limited with reference to the rights or interests of others. This structure is the very point of rights, it is their bite. I will argue for this claim and show its implications. The most important implication is that not only principlism, but every normative theory that includes rights of individuals, has to abolish hard paternalism. (shrink)

In Philosophy Bites Again, a brand new selection of interviews from the popular podcast, leading philosophers explore some of the major philosophical questions that affect us all. Both thought-provoking and engaging, the discussion ranges from pleasure, pain, and himour, to free will, the self, and the meaning of life.

In lieu of an abstract, here is a brief excerpt of the content:Biting the Bullet:The Ethics and Aesthetics of ViolenceJonathan AllenThe Bullet's Song: Romantic Violence and Utopia, by William Pfaff. New York. Simon & Schuster, 2004, 368 pp.Regarding the Pain of Others, by Susan Sontag. New York, Picador, 2003, 131 pp.In the nineteenth century a broadly influential branch of Romantic philosophy insisted that goodness and beauty were intimately related. The goals of ethical and aesthetic education were taken to be one (...) and the same—the cultivation of the kalokagathos or "noble-and-beautiful" individual.1 This robust view of the relation between ethical and aesthetic education is now rarely defended; it was dealt a mortal wound by the inconvenient fact that highly cultured or Gebildete individuals have been implicated in the twentieth century's worst political crimes.This does not mean, however, that connections between ethical and aesthetic projects are no longer made. One such attempt to relate ethics and aesthetic—a bleak, somber, and deeply chastened attempt—is presented in the late Susan Sontag's Regarding the Pain of Others. In this small but dense book, Sontag assesses the hope that the reproduction of images, especially photographic images, of violence and atrocity might help to abolish war, or at least to play a role in combating genocide or the commission of gross violations of the laws of war. While she evidently wishes to find "an antidote to the perennial seductiveness of war," Sontag is doubtful that photography is equal to this moral burden.2Sontag's work concentrates on the aesthetic and ethical challenges that confront any attempt to convey the horrors of war to uninvolved observers. Her focus is thus trained on an attempt to exorcise what she refers to as the "seductiveness of war"; she is not primarily concerned to identify the source of war's allure (though she does have some interesting observations to make on the issue).3 William Pfaff, by contrast, is both repelled and fascinated by the modern embrace of violence. The Bullet's Song: Romantic Violence and Utopia offers an enthralling account of the intellectual and aesthetic forces that provoked the feverish modern love affair with violence and war. Pfaff is at least as doubtful as Sontag, however, that that love affair [End Page 100] is over and that we are in a position to forge a more pacific sensibility. Nevertheless, he insists that if we are to have the slightest hope of avoiding a full-scale repetition of the twentieth-century's "carnival of inhumanity," we need to understand the nature of its romance with violence.So how did that romance come about? The central theme of The Bullet's Song is the consequences of the loss of "chivalry." This, according to Pfaff, was a code that "held that what an individual or society could licitly do to another was limited by a morality linked to the essential values of Western civilization."4 Within this framework, it was expected that states would sometimes go to war with one another, but war was seen merely as an extreme means of settling disputes, not of eliminating entire societies or remaking the world. For individuals, war was presented as "a test of valor, rewarded by 'honor'"—in other words, it was seen as an occasion to test oneself in the light of a set of ideals of conduct that operated as constraints on permissible behavior in war.5 All of this came to a sticky end in the trenches of World War I, replaced by a morally nihilistic idea of total war. Pfaff claims that this moral vacuum proved intolerable to many individuals. They reacted in several different ways. Some attempted to construct "codes of individual transcendence" and "collective will," while others gave themselves over to "utopias based on historical fictions."6This is a very large story, and it is in fact too bulky for the confines of this book. First, it must be said that Pfaff fails to present his central claims clearly. He is unclear, for example, as to exactly what was lost with the destruction of the chivalric code, as well as what caused its destruction. At times, he seems to be suggesting that the rise of... (shrink)

Gaunilo assumes that there is no greatest conceivable island, and most philosophers have followed him in this assumption. But the option was open for Anselm (and remains open for us) to bite the bullet and ‘give him his island.’ I argue that such a response is perfectly reasonable for a Platonist like Anselm, and that even a theist who isn’t a Platonist can tolerate the island as a fairly minor addition his or her ontology.

Tick bite induced α‐gal syndrome (AGS) following consumption of mammalian meat is a recently described intriguing disease occurring worldwide. Here we argue that AGS and delayed allergy in general is an adaptive defence method against cancer. Our hypothesis synthesizes two lines of supporting evidence. First, allergy has been shown to have direct anti‐cancer effects with unknown mechanism. Second, eating processed meat was shown to be linked to developing cancer. Humans lost their genes encoding molecules α‐gal 30 MYA and Neu5Gc 2 (...) MYA, the latter co‐occurring with the start of using fire. These molecules are acquired from external sources, as tick bite for α‐gal and mammalian meat for Neu5Gc, the latter accumulating in tumors. The resulting specific delayed allergic response is a molecular adaptation to fight cancer. By further testing and applying our hypothesis, new avenues in cancer research and therapy will open that might save lives and decrease human suffering. (shrink)

Terence Horgan and Mark Timmons? Moral Twin Earth thought experiment shows that realist ethical naturalism entails a kind of conceptual relativism about moral predicates. This conceptual relativism implies, further, that Earthlings and Twin Earthlings do not express substantive disagreement with one another. Because this latter implication clashes with considered linguistic intuitions, Horgan and Timmons conclude that we should reject realist ethical naturalism. Against this, several critics recommend that realists ?bite the bullet? with respect to Moral Twin Earth: despite our intuitions, (...) we should accept that the speakers do not disagree. These critics argue that the intuitions elicited by the thought experiment are either the result of a failure on the part of readers to appreciate hidden details of the Moral Twin Earth case, or else they are mere artifacts of readers? epistemic limitations. In this paper, I show that the Moral Twin Earth argument prevails against this line of attack. (shrink)

So the Uruguayan footballer Luis Suárez has confessed, apologised and given assurances as to future good behaviour, after his 2014 World Cup assault on the Italian defender Chiellini. There were three immediate excuses and mitigations offered, which we dismiss: that it was inconsequential; that it was no different from many other ‘assaults’; and that it was not particularly serious. Our central question has a different focus: what makes biting in sport such a bad thing, especially since it does not seem (...) always to threaten as much harm to opponents as some other practices? We examine the place of biting in sports rules, especially in combat and contact sports, and the role of consent and criminal liability, before considering when and why biting is seen as unacceptable. We consider arguments from harm, skin penetration, ‘dirty fighting’ and animalism. Finally, we consider the topical case of Luis Suárez, distinguishing reactive from proactive bitin.. (shrink)

This article explores the negative framing of environmental concern in the context of food procurement and consumption, through the lens of the myth of Eden considering the ontological and genealogical aspects of the experienced exile from nature. The article first considers the theoretical context of the negative framing of food ethics. Demonstrating the consequences of the experience of food as abject, the article then goes on to discuss the exile from Eden as an explanatory myth for the perceptual inbetweenness of (...) humankind. The aim of the article is to outline the genealogical markers of the negative framing of food ethics via the discussion of the exile from Eden. In the context of a new materialist understanding of the nature–culture continuum, the article depicts the exile as a perceptual rather than ontological divide that does not reflect a factual human inbetweenness but mirrors the objectification of nature by stripping the flesh of its spirit. Such reenvisioning is thought to be a pivotal aspect for mitigating the affectual abjectivity of food and recapturing the factual entanglement of body–environment to enable affirmative environmental ethics. (shrink)

Looks at the history, people, and venues that make up hot dog culture in America, profiling notable hot dog sellers and neighborhood stands while offering recipes for cooking frankfurters at home.

In one of his many defenses of rhetoric, Aristotle states that "even if we were to have the most exact knowledge, it would not be very easy for us in speaking to use it to persuade [some audiences] … it is necessary for pisteis and speeches [as a whole] to be formed on the basis of common [beliefs]". Dana Cloud's Reality Bites advances a similar position, suggesting that the political left needs to reclaim rhetorical appeals as a form of (...) argumentation if it is to defeat the conservative forces that have taken control of the public sphere. Focusing on what she calls the "big five", Cloud argues that the American left is losing political ground to the right... (shrink)

Drawing on the culture’s history before and after the birth of rap music, this book argues that the values attributed to Hip Hop by ‘postmodern’ scholars stand in stark contrast with those that not only implicitly guided its aesthetic elements, but are explicitly voiced by Hip Hop’s pioneers and rap music’s most consequential artists. It argues that the structural evacuation of the voices of its founders and organic intellectuals in the postmodern theorization of Hip Hop has foreclosed the culture’s ethical (...) values and political goals from scholarly view, undermining its unity and progress. Through a historically informed critique of the hegemonic theoretical framework in Hip Hop Studies, and a re-centering of the culture’s fundamental proscription against ‘biting,' this book articulates and defends the aesthetic and ethical values of Hip Hop against their concealment and subversion by an academic discourse that merely ‘samples’ the culture for its own reactionary ends. (shrink)

This study examines the use of a video news release in a specific story. Press coverage and editorial criticism in the case showed that journalists do not articulate sufficiently how the news owners' sway, through institutional controls, can lead to a hegemony of expedient action in the newsroom. Critical self-reflection by news workers will better enable journalists to ethically deliberate news choices that balance their responsibilities to owners, peers, and the public.

Volume 26, Issue 2, June 2020, Page 81-81.

Twenty-seven of today's leading philosophers each introduce and explore ideas from one of history's greatest minds." -- Cover.

Over the course of the Twilight series, Bella strives to and eventually succeeds in convincing Edward to turn her into a vampire. Her stated reason for this is that it will allow her to be with Edward forever. In this essay, I consider whether this type of immortality is something that would be good for Bella, or indeed for any of us. I begin by suggesting that Bella's own viewpoint is consonant with that of Leo Tolstoy, who contends that one (...) could not have meaningful life without immortality, because only immortality could allow one to make a permanent difference in the world. I argue that this characterization of a meaningful life is problematic, however, insofar as (1) immortality is neither sufficient nor necessary for having such an impact and (2) there is little reason to think that having such an impact is constitutive of a meaningful life. I go on to consider Edward's fear that vampires lack a soul as it relates to Martha Nussbaum's claim that immortal beings would be less capable of certain paradigmatic human values and virtues such as courage, love, or self-sacrifice. I suggest, contra Nussbaum, that Carlisle provides an example of an immortal who displays recognizably human virtues. However, the possibility of Carlisle's being virtuous in this way depends on the existence of other creatures who are mortal. -/- I close by considering the problem of boredom, as articulated by Bernard Williams. According to Williams, a meaningful human life is constituted by certain categorical desires such as the desire to raise children or to create art. The projects aimed at accomplishing these desires are necessarily finite in length, and cannot be repeated indefinitely without losing their value. I argue that many, though perhaps not all, of the immortals described in the series suffer from such boredom. For example, Edward and Rosalie struggle to find meaning in their lives and most werewolves choose to age and die normally after a certain time. Perhaps more significantly, many of the non-"vegetarian" vampires seem to have become entirely divorced from any recognizably human projects or values, and have become focused entirely on satisfying their immediate desires. These examples provide some reason to think that many of Bella's reasons for living, which are essentially tied to her mortality, are not likely to be met by becoming immortal. While this does not show that her choice to become a vampire will leave her ultimately unhappy, it does suggest that her doing so represents a considerable sacrifice. (shrink)

Is the mathematical function being computed by a given physical system determined by the system’s dynamics? This question is at the heart of the indeterminacy of computation phenomenon (Fresco et al. [unpublished]). A paradigmatic example is a conventional electrical AND-gate that is often said to compute conjunction, but it can just as well be used to compute disjunction. Despite the pervasiveness of this phenomenon in physical computational systems, it has been discussed in the philosophical literature only indirectly, mostly with reference (...) to the debate over realism about physical computation and computationalism. A welcome exception is Dewhurst’s ([2018]) recent analysis of computational individuation under the mechanistic framework. He rejects the idea of appealing to semantic properties for determining the computational identity of a physical system. But Dewhurst seems to be too quick to pay the price of giving up the notion of computational equivalence. We aim to show that the mechanist need not pay this price. The mechanistic framework can, in principle, preserve the idea of computational equivalence even between two different enough kinds of physical systems, say, electrical and hydraulic ones. (shrink)

This discussion focuses on veterinary practice as a form of service delivery. Based on data collected during a year of participant observation in a major veterinary hospital in the northeast, the paper examines the criteria veterinarians routinely used to define nonhuman patients as problematic and the means they employed to deal with troublesome animals. The conclusion frames veterinarians' tactics for evaluating and controlling patients within the larger context of how rule-breakers are identified in everyday interactional settings and the routine approaches (...) used in the exercise of social control. (shrink)

Drawing on phenomenological aesthetics and on the haptic aesthetics of eating as a form of everyday aesthetics, I examine the phenomenon of eating our own as meaningful in three dimensions: vital/natural, somatic/individual, and cross-cultural. Usually conceived as a concrete, rare, and foreign practice, I show how cannibalism is present in our daily lives, both symbolically and as a liminal possibility towards which – as Freud noticed in 1913 – we all tended as children. Cannibalism is present not only in cinematic, (...) literary, or visual art, and in anthropological research that situates it far from “us,” but through narratives and carnal dispositifs of differentiation/assimilation of the Same and the Other, fundamental for our subjective constitution. I conclude with a reflection on how the classical aesthetics of the sovereign subject develops towards alternative models like Pelluchon’s gourmet ego that re-establish the connexion and moral engagement lost by solipsism by means of alimentary metaphors, but also romanticizing them, failing to address the problem of voracity and overconsumption, both at a social and at an individual level. This is more suitably addressed by Viveiros de Castro’s idea of a cannibal cogito, but even better understood by Emmanuel Levinas’ enjoyment-contact model of subjectivity. (shrink)