Theories of health and disease which oppose evaluative and descriptive claims or opt for one or the other in defining fundamental concepts err, it is argued, due to an oversimplified conception of both the science of medicine and the art of clinical judgment. The work of Georges Canguilhem on the biological dimensions of value and subjectivity is explored. I conclude that he avoids the falsehoods of (a) neutral, pure fact-based medical science, and (b) cultural, arbitrary notions of value.

So-called transitional justice has become more universal and in doing so now approximates a more general sense of justice, law, or the rule of law. The inquiry of the essay proceeds by way of a brief analysis of ‘transitional justice’ and related qualifying terms, such as ‘restorative’, ‘reconciliatory’, and ‘retroactive’. I consider the plausibility of identifying, deflating, or reducing each of them, with, or, to, the rule of law, or other general justicial notions. I illustrate the analysis, in a condensed (...) form, through a case study of the Preamble to the Carcross/Tagish First Nation Constitution, a particular situation in the context of indigenous politics on the Canadian scene, one that focuses on negotiation of land-claims and self-government agreements in an historical epoch of continuing colonization and partial decolonization. I conclude by proposing that there is positive promise in the perpetual reconstruction of justice, or constitutionalizing. (shrink)