In this paper, we present a method for introducing law students to the writing of legal documents. The method uses a machine-readable representation of the legal knowledge to support document assembly and to help the students to understand how the assembly is performed. The knowledge base consists of enacted legislation, document templates, and assembly instructions. We propose a system called LEDAS (LEgal Document Assembly System) for the interactive assembly of legal documents. It guides users through the assembly (...) process and provides explanations of the interconnection between input data and claims stated in the document. The system acts as a platform for practicing drafting skills and has great potential as an education tool. It allows teachers to configure the system for the assembly of some particular type of legal document and then enables students to draft the documents by investigating which information is relevant for these documents and how the input data shape the final document. The generated legal document is complemented by a graphical representation of legal arguments expressed in the document. The system is based on existing legal standards to facilitate its introduction in the legal domain. Applicability of the system in the education of future lawyers is positively evaluated by the group of law students and their TA. (shrink)

Summary The fragmentary inscription on the ludi saeculares contains mention of two senatus consulta of year 17 BCE. This paper gives new arguments for identifying the five known consulars heading the drafting commission of the senatus consultum of 17 February: M. Iunius Silanus, Cn. Cornelius Lentulus, L. Marcius Censorinus, C. Asinius Pollio and L. Vinicius. This list challenges the accepted notion that senators named as members of the drafting commissions of senatus consulta were always arranged according to their (...) seniority. Such an open new approach could question or even significantly alter the chronology of Roman magistracies that has been accepted on the basis of seniority hierarchy so far. (shrink)

This paper is based on a doctoral thesis which aimed at investigating on whether the use of strategic vagueness in Security Council resolutions relating to Iraq has contributed to the breakout of the 2002–2003s Gulf war instead of a diplomatic solution of the controversies. This work contains a linguistic and legal comparative analysis between UN and U.S. documents and their drafts in order to demonstrate how vagueness was deliberately added to the final versions of the documents before being passed, and (...) thus strategically used vagueness has played a crucial role in UN resolutions related to the outbreak of war in Iraq, and in relevant legislation produced by the United States for its Congressional authorisation for war. The comparative analysis between S/RES/1441(2002) and US legislation has evidenced that that there would have been diplomatic solutions to the Iraq crises which were not synonymous of light-handed intervention against Iraq, but deliberately vague UN wording allowed the US to build its own legislation with a personal interpretation implying that the UN did not impede military action. (shrink)

The goal of this project is to identify guidelines for privacy policies that children and teens can accurately interpret with relative ease. A three-pronged strategy was used to achieve this goal. First, an analysis of the relevant literature on reading was undertaken to identify the document features that affect comprehension. Second, focus groups were conducted to examine their experience and practices in the interpretation of privacy policies found on sites that have been identified as favorite kids’ sites. Based on (...) the results of the literature review and focus groups, a set of potential guidelines were identified. Finally, the efficacy of these guidelines was tested in the final phase of the research project. The result of this work is a set of 14 guidelines for the drafting of privacy policies that make a difference, by improving the comprehensibility of privacy policies encountered by Canadian children and teens as they surf the Net. (shrink)

Documents as we encounter them in everyday life are complex and diverse things, whether on paper, computer disk or on the World Wide Web. They play many roles vis-à-vis human beings, and the humans engaged with them have diverse responsibilities that are not always easy to fulfil. Added to this is the issue of how a document or literary work can change and yet retain its identity, as found in maintenance, drafting and versioning of documents. This paper explores (...) how the meaning-oriented philosophy of Herman Dooyeweerd may be used to understand the complex nature of documents, to throw light on the roles, responsibilities and culture surrounding them, and to tackle issues of identity and change. (shrink)

This study seeks to explore the major errors that frequently emerge when novice translators translate technical texts, namely legal documents released by the Department of Lands and Survey in Jordan. The goal behind this investigation is to improve legal translation training, develop students’ drafts based on the types of their mistakes, and deliver a message to curricula designers in the field of legal translation. To this end, 20 Jordanian novice translators (MA students) are chosen from two private universities to translate (...) three legal documents from Arabic into English. The main findings revealed that different problems emerged, namely the participants’ inability to translate near-synonym technical terms, grammatical problems, and stylistic problems at both lexical level and sentence level. These findings are hoped to be insightful for both learners and teachers. A number of pedagogical recommendations are proposed by the researchers to develop learners’ competence and reach a professional level and open the venue for trainers to achieve advances in the quality of the target text and in the translation teaching–learning process. (shrink)

Amongst the recent documents released by the Greek Ecumenical Patriarchate of Constantinople, the one titled ‘For the Life of the World’, published before the beginning of the COVID-19 pandemic, touches upon an important section of the life of the Orthodox Church, namely, the social one. As a result of the fact that, so far, there is no official document of the aforementioned Church dedicated to this aspect, whilst the Reformed Churches and the Catholic one have already issued similar documents, (...) I consider the existence of such an article, with all its minuses, important. Moreover, it can constitute a bridge and an invitation to dialogue with other Christian traditions or backgrounds. Being aware of this fact, I have decided to analyse this document in this article to emphasise its influence and its elements of novelty and to speak about both its utility and its weaknesses. As a result of the fact that the Ecumenical Patriarch Bartholomew has had an important contribution to its drafting, I will also try to present this aspect and to show how the ecological vision that he has, amongst other aspects, influenced its content. Contribution: Considering the importance of the recent document ‘For the Life of the World of the Ecumenical Patriarchate of Constantinople’, I will try to analyse it and to present its social relevance and meaning. (shrink)

Current developments in biomedicine are presenting us with difficult ethical decisions and raising complex policy questions about how to regulate these new developments. Particularly vexing for governments have been issues related to human embryo experimentation. Because some of the most promising biomedical developments, such as stem cell research and nuclear somatic transfer, involve such experimentation, several international bodies have drafted documents aimed to provide guidance to governments when developing biomedical science policy. Here I focus on two such documents: the Council (...) of Europe's Convention for the Protection of Human Rights and Dignity of the Human Being and the Additional Protocol to the Convention for the Protection of Human Rights and Dignity of the Human Being.I argue that by using human dignity as a criterion to determine the permissibility of particular human embryo research practices, these documents cannot aid in identifying research that would be contrary to human dignity. Thus, they fail to guide public policy on embryo experimentation. Their use of human dignity as a criterion makes their task of offering guidance unfeasible because the concept as used in these documents is too vague and is applied in contradictory ways. I discuss the main goals of these documents and their claims in relation to human embryo research. I then discuss how they have influenced public policy in several countries. Finally, I show that although these Council of Europe treaties attempt to serve as public policy guides in the area of embryo research, they fail to do so. (shrink)

Background U.S. federal regulations require that certain ethical elements be followed to protect human research subjects. The location and clinical circumstances of a proposed research study can differ substantially and can have significant implications for these ethical considerations. Both the location and clinical circumstances are particularly relevant for research in intensive care units (ICUs), where patients are often unable to provide informed consent to participate in a proposed research intervention. Purpose Our goal is to elaborate on the updated 2013 U.S. (...) Food and Drug Administration (FDA) guidance document regarding an exemption from the requirement of obtaining informed consent from patients or their surrogates and to address certain elements within that document, thereby assisting clinicians in developing a framework for emergency research in accordance with the regulatory bodies at their own institutions and in the United States. Methods Review of the 2011 and updated FDA guidance document on exemption from informed consent. Results The current process of obtaining informed consent within ICUs needs to be revisited, especially for research in which timely informed consent is not likely. In particular, the process of obtaining informed consent may not be appropriate or even ethical for critically ill patients in extremis who require an intervention for which there is no current acceptable standard of care and clinical equipoise exists. We provide clinicians with a viewpoint that further elaborates on the FDA guidance document. Limitations The viewpoints provided herein are those of the authors and are therefore inherently limited by the personal views of a selected few. Other clinicians or researchers may not interpret the FDA guidelines in a similar manner. Moreover, the discussion of a guideline document is a limitation in and of itself. The guidelines set forth by the FDA are precisely that—guidelines. Therefore, they may not be followed as outlined in the guidance document within one’s own institution. Our goal is that, by elaborating on the guidelines for planned research involving human subjects in the ICU, institutional regulatory bodies may gain a better understanding in drafting their own document when faced with a clinician or a researcher who wishes to conduct planned research in an ICU. Conclusions We believe that the interpretations provided will allow clinicians to safely undertake planned research in ICUs without endangering the main tenets of ethical research involving human participants. This research is needed for the advancement of care in the critically ill. (shrink)

Cette édition numérique a été réalisée à partir d'un support physique, parfois ancien, conservé au sein du dépôt légal de la Bibliothèque nationale de France, conformément à la loi n° 2012-287 du 1er mars 2012 relative à l'exploitation des Livres indisponibles du XXe siècle. Pages de début -- I -- Phénoménologies hégelienne et husserlienne Hegel et Husserl sur l'intersubjectivité Itinéraires phénoménologiques La dialectique de l'intentionnalité Essai de synthèse d'une méthode phénoménologique -- II -- Classes sociales selon Marx Imaginaire social et (...) creation des idéologies Production et classes sociales dans Le Capital L'évolution du concept de la lutte des classes dans la pensée de Marx Lesclasses sociales dans la philosophie de l'histoire de Marx Pages de fin. (shrink)

Document assembly and other substantive legal practice applications are the most knowledge-intense forms of software now widely available in the legal technology marketplace. This article provides an illustrative look at two contemporary practice system engines-CAPS and Scrivener-and examines their relevance for AI-and-law researchers.

During its first four congresses, held annually under Lenin, the Communist International went through two distinct phases: while the first two congresses focused on programmatic and organisational aspects of the break with Social-Democratic parties, the third congress, meeting after the putsch known as the ‘March Action’ of 1921 in Germany, adopted the slogan ‘To the masses!’, while the fourth codified this new line in the ‘Theses on the Unity of the Proletarian Front’. The arguments put forward by the first two (...) congresses were originally drafted by leaders of the Russian Communist Party, but the initiative for the adoption of the united-front policy came from the German Communist Party under the leadership of Paul Levi. This article explores the historical circumstances that turned the German Communists into the pioneers of the united-front tactic. In the documentary appendix we add English versions of two documents drafted by Levi: the ‘Letter to the Central Committee of the Communist Party of Germany’ on the Kapp Putsch, dated 16 March 1920, and thekpd’s ‘Open Letter’ of 8 January 1921, which gave rise to the united-front tactic. (shrink)

The advent and expanding role of jurilinguistics as part of the federal legislative process are closely associated with the gradual recognition of the equal authority of the two linguistic versions of federal legislation, as well as the implementation of co-drafting as the most effective method of taking into account the equal authority of the two official languages of the country. Jurilinguistics gradually made its way into the federal legislative process starting in the mid 70s and quickly resulted in the (...) establishment of a formal group dealing with French jurilinguistics, comprised of Francophone drafters and jurilinguists. Jurilinguists played a key role in the development of drafting standards for the drafting of a truly authentic French version of federal legislation. In the late 90s, Anglophone jurilinguists were also hired to ensure the highest quality possible for the English version of the federal laws and, along with their Francophone counterparts, to ensure the functional equivalence of the two language versions. The implementation of the departmental policy on legislative bijuralism constituted an additional challenge for the drafter who, fortunately, can rely on comparative law experts, as well as the sound advice of the jurilinguists, to produce legislative texts that are consistent with the principles of clarity in drafting legal documents. (shrink)

Artificial Intelligence (AI) applied to the legal domain is gaining ground. AI is argued to be particularly helpful with labour-intensive activities and repetitive tasks. Amongst the various AI solutions, ChatGPT has gathered momentum and its acclaimed advantages are, amongst others, document generation and contract review. This paper wishes to assess the effectiveness of two chatbots in contract drafting. To this aim, ChatGPT (by OpenAI) and Gemini (by Google) are prompted to write two supply contracts each, the first one (...) written in English according to the laws of England and Wales, and the other one still written in English, but according to the laws of the Republic of Italy. The paper finds that each contract pair generated by the AI solutions is identical, thus disregarding legal-system specificities and language conventions. Therefore, the drafts present a number of fallacies, either because they are incomplete, or because they include clauses that are redundant or inapplicable in a given legal system. The paper claims that human intervention and supervision are necessary to tackle the shortcomings generated by AI, at least as far as contract generation is concerned and with regard to the two chatbots addressed. (shrink)

Volume Eight of the project documenting Thomas Jefferson's last years presents 591 documents dated from 1 October 1814 to 31 August 1815. Jefferson is overjoyed by American victories late in the War of 1812 and highly interested in the treaty negotiations that ultimately end the conflict. Following Congress's decision to purchase his library, he oversees the counting, packing, and transportation of his books to Washington. Jefferson uses most of the funds from the sale to pay old debts but spends some (...) of the proceeds on new titles. He resigns from the presidency of the American Philosophical Society, revises draft chapters of Louis H. Girardin's history of Virginia, and advises William Wirt on revolutionary-era Stamp Act resolutions. Jefferson criticizes those who discuss politics from the pulpit, and he drafts a bill to transform the Albemarle Academy into Central College. Monticello visitors Francis W. Gilmer, Francis C. Gray, and George Ticknor describe the mountaintop and its inhabitants, and Gray's visit leads to an exchange with Jefferson about how many generations of white interbreeding it takes to clear Negro blood. Finally, although death takes his nephew Peter Carr and brother Randolph Jefferson, the marriage of his grandson Thomas Jefferson Randolph is a continuing source of great happiness. Some images inside the book are unavailable due to digital copyright restrictions. (shrink)

Large Language Models (LLMs) could be a useful tool for lawyers. However, empirical research on their effectiveness in conducting legal tasks is scant. We study securities cases involving cryptocurrencies as one of numerous contexts where AI could support the legal process, studying GPT-3.5’s legal reasoning and ChatGPT’s legal drafting capabilities. We examine whether a) GPT-3.5 can accurately determine which laws are potentially being violated from a fact pattern, and b) whether there is a difference in juror decision-making based on (...) complaints written by a lawyer compared to ChatGPT. We feed fact patterns from real-life cases to GPT-3.5 and evaluate its ability to determine correct potential violations from the scenario and exclude spurious violations. Second, we had mock jurors assess complaints written by ChatGPT and lawyers. GPT-3.5’s legal reasoning skills proved weak, though we expect improvement in future models, particularly given the violations it suggested tended to be correct (it merely missed additional, correct violations). ChatGPT performed better at legal drafting, and jurors’ decisions were not statistically significantly associated with the author of the document upon which they based their decisions. Because GPT-3.5 cannot satisfactorily conduct legal reasoning tasks, it would be unlikely to be able to help lawyers in a meaningful way at this stage. However, ChatGPT’s drafting skills (though, perhaps, still inferior to lawyers) could assist lawyers in providing legal services. Our research is the first to systematically study an LLM’s legal drafting and reasoning capabilities in litigation, as well as in securities law and cryptocurrency-related misconduct. (shrink)

India has produced several drafts of data policies. In this work, they are referred to [1] JBNSCR 2018, [2] DPDPR 2018, [3] NSAI 2018, [4] RAITF 2018, [5] PDPB 2019, [6] PRAI 2021, [7] JPCR 2021, [8] IDAUP 2022, [9] IDABNUP 2022. All of them consider Artificial Intelligence (AI) a social problem solver at the societal level, let alone an incentive for economic growth. However, these policy drafts warn of the social disruptions caused by algorithms and encourage the careful use (...) of computational technologies in various social contexts. Hence, the emerging data society and its implications in India's social contexts demand immense social science attention, which needs to be improved in the policy drafts, primarily because they are creations of industry stakeholders, technocrats, bureaucrats, and experts from tech schools. In the larger social milieu of digital infrastructure emerging, the fundamental question is whether India's national philosophy envisioned in the Indian constitution is reflected in the policy papers. The paper enquires whether the national data policy upholds the core values dispersed through the philosophy of the Indian constitution, which, among other things, is not confined only to inclusion, diversity, rights, liberty, justice and equality. By focusing on constitutional values, the paper seeks to offer a broader and more critical understanding of India's approach to AI policy by bringing together analyses of a wide array of policy documents available in the public realm. (shrink)

In the summer of 1886, shortly before his fifty-eighth birthday, Leo Tolstoy was seriously injured while working in the fields of his estate. Bedridden for over two months, Tolstoy began writing a meditation on death and dying that soon developed into a philosophical treatise on life, death, love, and the overcoming of pessimism. Although begun as an account of how one man encounters and laments his death and makes this death his own, the final work, On Life, describes the optimal (...) life in which we can all be happy despite our mortality. After its completion, On Life was suppressed by the tsars, attacked by the hierarchs of the Russian Orthodox Church, and then censored by the Stalinist regime. This critical edition is the first accurate translation of this unsung classic of Russian thought into English, based on a study of manuscript pages of Tolstoy's drafts, and the first scholarly edition of this work in any language. It includes a detailed introduction and annotations, as well as historical material, such as early drafts, documents related to the presentation of an early version at the Moscow Psychological Society, and responses to the work by philosophers, religious leaders, journalists, and ordinary readers of Tolstoy's day. (shrink)

Advance directives are written documents that give patients the opportunity to communicate their preferences regarding treatments they do or do not want to receive in case they become unable to make decisions. Commonly used pre-printed forms have different formats. Some offer space for patients to appoint a surrogate decision maker, and/or to determine future medical treatments and/or give a statement of personal values. So far it is unknown which forms GPs preferably use and why they decide to do so. 23 (...) semi-structured interviews with GPs were analysed using content analysis. Interviewees mainly use short templates and medium length templates with checkboxes to indicate patients’ preferences in regards to life prolonging measures. Especially when patients faced the progression of a disease, participants use the latter version. Only then, the interviewees remarked, patients are capable to rate concrete situations reliably. GPs also realize the importance of the verbal assessment of patients’ preferences; however they rarely keep a written form of the conversation. Some GPs hand out one or more templates and ask their patients to read and think about them at home with the option to talk to them about it later on, while others prefer their patients to fill them out alone at home. Regardless of template usage, most GPs emphasize that ADs require regular updates. GPs tend to see standardized advance directives mainly as a tool to start a conversation with their patients and to identify their real preferences and values. When the patient is still not facing the progression of an already existing disease it could be sufficient to only appoint a surrogate decision maker instead of creating a full AD. However, in all other situations, appointing a surrogate decision maker should be backed up by a written statement of a patient’s general values. Patients and their relatives should always have the opportunity to ask their GP for medical advice when drafting an AD. It is crucial to regularly verify and update existing ADs within the course of a disease. (shrink)

This volume of the Complete Works provides the first English translation of Nietzsche's unpublished notes from Summer 1886 through Fall 1887. In these writings we find drafts of new prefaces for the second editions of his earlier works, notes for the soon-to-appear On the Genealogy of Morality, and crucially, fragments and plans for an anticipated "master work" under the title "The Will to Power." This projected work, as is now well-known, was never written by Nietzsche; instead, it was fraudulently assembled (...) by his sister Elisabeth Förster-Nietzsche and his friend Heinrich Köselitz (aka Peter Gast), and published under Nietzsche's name after his death. Only now, with the publication of this volume and the ones that precede and follow it, are English readers able to examine for themselves the full set of unpublished writings of the last creative period of Nietzsche's life. Taking into account the latest editorial work on his final notebooks, and including a detailed account by Mazzino Montinari of Nietzsche's decision not to complete a "master work," this volume documents the evolution of Nietzsche's thinking on such important themes as nihilism, eternal recurrence, and the revaluation of all values as it presents his late 'Nachlass' free from the distortions perpetrated against it over a century ago. (shrink)

The Universal Declaration on Bioethics and Human Rights adopted by the United Nations Educational, Scientific, and Cultural Organisation on 19 October 2005 is an important step in the search for global minimum standards in biomedical research and clinical practice. As a member of UNESCO International Bioethics Committee, I participated in the drafting of this document. Drawing on this experience, the principal features of the Declaration are outlined, before responding to two general charges that have been levelled at UNESCO’s (...) bioethical activities and at this particular document, are outlined. One criticism is to the effect that UNESCO is exceeding its mandate by drafting such bioethical instruments—in particular, the charge is that it is trespassing on a topic that lies in the responsibility of the World Health Organization. The second criticism is that UNESCO’s reliance on international human rights norms is inappropriate. (shrink)

Medical ghostwriting is the practice in which pharmaceutical companies engage an outside writer to draft a manuscript submitted for publication in the names of “honorary authors,” typically academic key opinion leaders. Using newly-posted documents from paroxetine litigation, we show how the use of ghostwriters and key opinion leaders contributed to the publication of a medical journal article containing manipulated outcome data to favor the proprietary medication. The article was ghostwritten and managed by SmithKline Beecham, now GlaxoSmithKline (GSK) and Scientific Therapeutics (...) Information, Inc. without acknowledging their contribution in the published article. The named authors with financial ties to GSK, had little or no direct involvement in the paroxetine 352 bipolar trial results and most had not reviewed any of the manuscript drafts. The manuscript was originally rejected by peer review; however, its ultimate acceptance to the American Journal of Psychiatry was facilitated by the journal editor who also had financial ties to GSK. Thus, GSK was able to take an under-powered and non-informative trial with negative results and present it as a positive marketing vehicle for off-label promotion of paroxetine for bipolar depression. In addition to the commercial spin of paroxetine efficacy, important protocol-designated safety data were unreported that may have shown paroxetine to produce potentially harmful adverse events. (shrink)

Following considerable debate, the practice of euthanasia was legalized in Belgium in 2002, thereby making Belgium one of the few places in the world where this practice is legal. In 2014 the law was amended for the first time. The 2014 amendment makes euthanasia legally possible for all minors who repeatedly and voluntarily request euthanasia and who are judged to possess “capacity of discernment”, as well as fulfil a number of other criteria of due care. This extension of the 2002 (...) euthanasia law generated a lot of national and international debate and has been applauded by many and heavily criticized by others. This evolution is clearly of interest to end-of-life debates in the entire world. This paper will therefore describe how this amendment came to get passed using official documents from Belgium's Senate and Chamber of Representatives where this amendment was discussed and subsequently passed. Next, some of the most commonly given arguments in favour of the law are identified, as well as the arguments most often voiced against the amendment. All these arguments will be expanded upon and it will be examined whether they hold up to ethical scrutiny. Analysing the official documents and identifying the most commonly voiced arguments gives valuable insight into how Belgium came to amend its euthanasia law and why it did so in 2014. It also becomes clear that although the current amendment is often seen as far-reaching, more radical ideas were proposed during the drafting of the law. Also, in analysing those arguments in favour of the amendment and those against, it is clear that the validity of some of these is questionable. (shrink)

The executive board of the Academy for Ethics in Medicine and two AEM working groups formulated standards and recommendations for clinical ethics consultation in 2010, 2011, and 2013. These guidelines comply with the international standards like those set by the American Society for Bioethics and Humanities. There is no empirical data available yet that could indicate whether these standards and recommendations have been implemented in German hospitals. This desideratum is addressed in the present study. We contacted 1.858 German hospitals between (...) September 2013 and January 2014. A follow-up survey was conducted between October 2014 and January 2015. The data of the initial survey and the follow-up survey were merged and evaluated. The statements of the participants were compared with the standards and recommendations. The standards of the AEM concerning the tasks of clinical ethics consultation are employed by a majority of participants of the study. Almost all of these participants document their consultation activities by means of protocols or entries in the patient file. There are deviations from the recommendations of the AEM working groups regarding the drafting of statutes, activity reports, and financial support. The activities of clinical ethics consultation predominantly comply with the standards of the AEM and recommendations for the documentation. The recommendations for evaluation should be improved in practice. This applies particularly for activity reports in order to evaluate the activities. Internal evaluation could take place accordingly. (shrink)

Purpose The paper aims to analyze the content of the newly published National AI Ethics Guideline in Thailand. Thailand’s ongoing political struggles and transformation has made it a good case to see how a policy document such as a guideline in AI ethics becomes part of the transformations. Looking at how the two are interrelated will help illuminate the political and cultural dynamics of Thailand as well as how governance of ethics itself is conceptualized. Design/methodology/approach The author looks at (...) the history of how the National AI Ethics Guidelines came to be and interprets its content, situating the Guideline within the contemporary history of the country as well as comparing the Guideline with some of the leading existing guidelines. Findings It is found that the Guideline represents an ambivalent and paradoxical nature that characterizes Thailand’s attempt at modernization. On the one hand, there is a desire to join the ranks of the more advanced economies, but, on the other hand, there is also a strong desire to maintain its own traditional values. Thailand has not been successful in resolving this tension yet, and this lack of success is shown in the way that content of the AI Ethics Guideline is presented. Practical implications The findings of the paper could be useful for further attempts in drafting and revising AI ethics guidelines in the future. Originality/value The paper represents the first attempt, so far as the author is aware, to analyze the content of the Thai AI Ethics Guideline critically. (shrink)

In the 225 years since the United States Constitution was first drafted, no single book has addressed the key questions of what constitutions are designed to do, how they are structured, and why they matter. In From Words to Worlds, constitutional scholar Beau Breslin corrects this glaring oversight, singling out the essential functions that a modern, written constitution must incorporate in order to serve as a nation's fundamental law. Breslin lays out and explains the basic functions of a modern constitution (...) -- including creating a new citizenry, structuring the institutions of government, regulating conflict between layers and branches of government, and limiting the power of the sovereign. He also moves into the esoteric, discussing the theoretical concepts behind the fundamentals of written constitutions and examining in-depth some of the most important constitutional charters from around the world. In assaying how states put the structural ideas into practice, Breslin asks probing questions about why -- and if -- constitutions matter. His answer is a resounding yes. Solidly argued and engagingly written, this comparative study in constitutional thought demonstrates clearly the key components that a state's foundational document must address. In doing so, Breslin draws a critically important distinction between constitutional texts and constitutional practice. (shrink)

More than 25 years into the HIV epidemic, in excess of 2 million new infections continue to occur each year. HIV prevention research is crucial for groups at heightened risk for HIV, but the design and conduct of HIV prevention research with vulnerable populations worldwide raises considerable ethical challenges. The HIV Prevention Trials Network (HPTN) is a global collaborative network that conducts clinical and behavioural studies on non-vaccine interventions to reduce the transmission of HIV. In 2003, the HPTN developed ethical (...) guidance to enhance the responsible conduct of its research activities and as a distinctive contribution to global research ethics. In what follows, the developments that motivated the drafting of a revised ethics document in 2009 are described, including the process by which that revision took place and some of the key differences between the HPTN ethics guidance and other relevant guidelines in the field. (shrink)

This article focuses on whether a certain form of consent used by biobanks – open consent – is compatible with the Proposed Data Protection Regulation. In an open consent procedure, the biobank requests consent once from the data subject for all future research uses of genetic material and data. However, as biobanks process personal data, they must comply with data protection law. Data protection law is currently undergoing reform. The Proposed Data Protection Regulation is the culmination of this reform and, (...) if voted into law, will constitute a new legal framework for biobanking. The Regulation puts strict conditions on consent – in particular relating to information which must be given to the data subject. It seems clear that open consent cannot meet these requirements. 4 categories of information cannot be provided with adequate specificity: purpose, recipient, possible third country transfers, data collected. However, whilst open consent cannot meet the formal requirements laid out by the Regulation, this is not to say that these requirements are substantially undebateable. Two arguments could be put forward suggesting the applicable consent requirements should be rethought. First, from policy documents regarding the drafting process, it seems that the informational requirements in the Regulation are so strict in order to protect the data subject from risks inherent in the use of the consent mechanism in a certain context – exemplified by the online context. There are substantial differences between this context and the biobanking context. Arguably, a consent transaction in the biobanking does not present the same type of risk to the data subject. If the risks are different, then perhaps there are also grounds for a reconsideration of consent requirements? Second, an argument can be made that the legislator drafted the Regulation based on certain assumptions as to the nature of ‘data’. The authors argue that these assumptions are difficult to apply to genetic data and accordingly a different approach to consent might be preferable. Such an approach might be more open consent friendly. (shrink)

Limits of the Conversation about Forms. Types of Knowledge and Necessity of Forms in Plato's "Parmenides". - Forms (ideas) are among the things that Plato is serious about. But about these things he says in his "Seventh Letter": "There neither is nor ever will be a treatise of mine on the subject." (341c, transl. J. Harward). Plato's statement suggests the question, why one does not and never can do justice to the Platonic forms by means of a written text about (...) the forms. Another big question of Plato research is whether the conversations documented in the Platonic dialogues are also affected by this verdict. This paper aims to provide, as far as possible, newly substantiated answers to these two questions. To this end, the systematic limits of the discussion about forms, which are particularly evident in Plato's dialogue "Parmenides", are examined in eight steps: First, two types of knowledge are presented that play an important systematic role in Plato's philosophy with regard to the limits of conversation: knowledge-how (practical knowledge) and knowledge-that (propositional knowledge) (I). Then the Socratic model of these two types of knowledge is interpreted, which is drafted in the tenth book of the "Republic". This model uses the example of bridle, bridlemaker and rider to explain the primacy of practical knowledge and the limits of propositional knowledge (II). Subsequently, it will be shown how the dialogues "Republic" and "Parmenides" are connected with each other in content and form (III). The gradation of the two types of knowledge, which is indicated by the motifs of the bridle and the horse on the image level of the "Parmenides", proves to be the structure that systematically underlies the structure of the entire dialogue (IV). It also makes clear why the conversation about the forms in the first part of the "Parmenides" has to fail (V). The assumption that the two parts of the "Parmenides" express two different types of knowledge in dealing with forms is supported by the results of a logical analysis of the last defence of the acceptance of forms (135b-c). This analysis shows why, for reasons of principle, it is impossible to speak adequately about forms (VI). Forms have the function of being presuppositions of 'talking about something'. Thus forms are always presupposed in conversation when one talks about them, and thus elude appropriate discussion in conversation (VII). That this is not only a methodical insight of the Platonic Parmenides, but can also be attributed to Plato himself, is demonstrated by the concluding reinterpretation of the central sentence of the critique of writing in Plato's "Seventh Letter". It will become apparent that, contrary to the now widespread view of the representatives of the Tübingen school, philosophical and also good philological reasons speak for the fact that Plato related his criticism only to the communicability of forms through treatises, i.e. tract-like writings (VIII). (shrink)

In the Dreams of a Spirit-Seer, Elucidated by Dreams of Metaphysics (1766), Kant remarks that Stahl, with his admission of immaterial forces for the explanation of organisms, was “closer to the truth than Hoffmann and Boerhaave, to name but a few,” although the latter adopted a “more philosophical method.” This puzzling statement is very significant for the understanding of Kant’s reception of animism, as it documents Kant’s reaction to the issues raised by the Leibniz-Stahl controversy and his striking preference for (...) Stahl’s nonmechanistic account of organisms. Kant agrees with Stahl that organisms suggest the existence of immaterial thinking beings, but at the same time, the example of this speculative hypothesis leads him to question the explanatory power of metaphysical hypotheses in natural philosophy in general, as well as the possibility of empirically distinguishing among different hypotheses, such as monadology, materialism, and hylozoism. After the analysis of Kant’s skeptical conclusions in the Dreams of a Spirit-Seer, I discuss how this earlier connection of medicine, life sciences, and metaphysics leaves traces in Kant’s later work, by analyzing Kant’s discussion of Samuel Sömmering’s claim that matter “can be animated” in On the Organ of the Soul (1796) and the preliminary drafts for this essay. (shrink)

The 1960s was a decade dedicated to experimentation within the Kennedy and Johnson administrations. Americans witnessed many significant changes and advancements in those ten short years, including the first man on the moon, a war in Vietnam, and successes in the automobile industry. Probably the most important of these changes was the War on Poverty, introduced by John Fitzgerald Kennedy and continued by Lyndon Baines Johnson and subsequent administrations. This paper examines the creation of a new class of reliance on (...) government handouts, as well as a misallocation of resources.Poverty was a well-known tragedy in third world countries. It was hard to believe that the United States, a leading nation of the world, was hit just as badly as those other countries. In fact, many Americans denied the problem for fear of the reaction from the rest of the world. In reality, though, many American families were struggling every day to provide food, shelter, and education for their children. Once this devastating misfortune was acknowledged, Kennedy dedicated his 1960 campaign to the New Frontier, which would encourage Americans to regain faith in their country by implementing programs to eradicate poverty. To succeed, Kennedy knew that the key to recovery centered on education. Improved education would provide the youth with better job opportunities, which would increase productivity, and therefore decrease poverty. Unfortunately, Kennedy was unable to follow through with his plans. After he was assassinated, Johnson took office ready to expand on Kennedy’s drafted plan. He wanted to look at poverty in a more positive way, as an opportunity to effectively change society. Continuing with Kennedy’s ideas, Johnson felt this change would best be accomplished through publics works programs. In his State of the Union Address, Johnson declared a “war on poverty” in which he would provide Americans with the tools needed to escape the world of poverty and make a living for themselves.Under the provision of the Office of Economic Opportunity, created specifically to abolish poverty, programs were created to begin the process of recovery. Community action programs, the Jobs Corps, and Head Start are just three programs put into action to improve the status of the poor. Job training and education were the main functions of these programs, but the effectiveness is heavily debated amongst historians.Though many claim that the War on Poverty was indeed successful, evidence shows otherwise. In viewing statistics from Congressional Records and other government documents, it is clear that the short-term effects were not worth the long-term consequences, and had the problem of poverty been left to the natural market, the issue would have been solved much more sufficiently. (shrink)

The reliability of clinical practice guidelines has been disputed because guideline panel members are often burdened with financial conflicts of interest. Current recommendations for COI regulation advise not only detailed declaration but also active management of conflicts. To continuously assess COI declaration and management in German guidelines we established the public database LeitlinienWatch. We analyzed all German guidelines at the highest methodological level that included recommendations for pharmacological therapy according to five criteria: declaration and assessment of COI, composition of the (...) guideline development group, independence of the coordinators and lead authors, imposed abstentions because of COI and public external review. Each criterion was assessed using predefined outcome categories. Most guidelines contained a detailed declaration of COI. However, none of the guidelines provided full transparency of COI assessment results. The guideline group was composed of a majority of participants with COI in 55% of the guidelines, no guideline was free of participants with COI. Only 9% of guidelines had coordinators and lead authors without any financial COI. Most guidelines did not provide a rule for abstentions for participants with COI. In 21% of guidelines there was a rule, but abstentions were either not practiced or not documented, whereas in 7% partial abstentions and in 2% complete abstentions were documented. Two thirds of the guideline drafts were not externally reviewed via a public website. COI are usually documented in detail in German guidelines of the highest methodological level. However, considerable improvement is needed regarding active management of COI, including recruitment of independent experts for guideline projects, abstention from voting for participants with COI and external review of the guideline draft. We assume that the publicly available ratings on GuidelineWatch will improve the handling of conflicts of interest in guideline development. (shrink)

State law requirements for health care advance directive documents were reviewed in every state and the District of Columbia to determine whether they are consistent and/or flexible enough to permit the utilization by the public of “universal” advance directive forms, specifically a health care power of attorney, that would be valid under every state's advance directive statutes. Such documents would have to overcome the wide variability of state legal formalities for validity. If this could be accomplished, the public would benefit (...) from having a variety of multi-state or truly universal forms available that could be used with confidence in their validity.The review found that a basic, multi-state health care power of attorney appears to be feasible in 41 States and the District of Columbia, compared to 36 states and the District in 2005. Only nine states prevent recognition of a truly universal form. Some barriers were surmountable, including differing agent and witness requirements, execution requirements, and effectiveness triggers. Other barriers were insurmountable, including mandatory forms, mandatory disclosures, and decision-specific language requirements. The strategies identified for overcoming some barriers can be used by lawyers in drafting true multi-state directives. More importantly, states should simplify state advance directive laws to facilitate a more meaningful communication model of advance care planning. (shrink)

This article argues that a manuscript dated to the summer of 1927 by the editors of Bohr’s Collected Works was written a year earlier. The re-dating allows the conclusion that Bohr was well on his way to complementarity before his famous fight with Heisenberg over the uncertainty principle early in 1927. The literature that assumes that complementarity was Bohr’s response to Heisenberg is therefore in error. The editors of the Collected Works assigned the document the date of 1927 because (...) it refers to electron-diffraction experiments by Davisson and Germer, which were published in 1927. But as the article points out, Bohr and other leading physicists such as Max Born met Davisson in Britain in 1926 and discussed the experiments with him then. That demolished the basis of the earlier dating. Finally, the article argues that when the document takes its place between the Bohr–Kramers–Slater theory (1924) and the 1927 drafts of complementarity, everything falls neatly into place. (shrink)

From the Hippocratic Oath on, deontological codes and other professional self-regulation mechanisms have been used to legitimize and identify professional groups. New technological challenges and, above all, changes in the socioeconomic environment require adaptable codes which can respond to new demands.We assume that ethical codes for professionals should not simply focus on regulative functions, but must also consider ideological and educative functions. Any adaptations should take into account both contents (values, norms and recommendations) and the drafting process itself.In this (...) article we propose a process for developing a professional ethical code for an official professional association (Colegio Oficial de Ingenieros Industriales de Valencia (COIIV) starting from the philosophical assumptions of discursive ethics but adapting them to critical hermeneutics.Our proposal is based on the Integrity Approach rather than the Compliance Approach. A process aiming to achieve an effective ethical document that fulfils regulative and ideological functions requires a participative, dialogical and reflexive methodology. This process must respond to moral exigencies and demands for efficiency and professional effectiveness.In addition to the methodological proposal we present our experience of producing an ethical code for the industrial engineers’ association in Valencia (Spain) where this methodology was applied, and we evaluate the detected problems and future potential. (shrink)

En 1968 ocurrieron dos hechos sobre los cuales cabe hacer una reflexión orientada por la bioética: la llamada Revolución del 68 y la aparición de la Carta encíclica Humanae Vitae. El Concilio Vaticano II, que fue presentado como una actualización de la Iglesia católica al mundo moderno, fue el escenario de los estudios previos a la redacción del documento pontificio, donde Pablo VI dejó clara la postura del Magisterio de la Iglesia sobre la moral sexual y anticipa los errores prácticos (...) que se seguirían a planteamientos conceptuales antropológicos erróneos o equivocados sobre esa temática. Hay necesidad de rehabilitar la Humanae vitae para volver a percibir el acto conyugal en su “verdad inalterable”, donde no se puede separar el bien y la belleza de la donación mutua de los cónyuges, que redunda en el bien común de la sociedad para defender su célula básica y nuclear que es la familia. In 1968, two events occurred on which it is worth reflecting on bioethics: the so-called Revolution of 1968 and the appearance of the Encyclical Letter Humanae Vitae. The Second Vatican Council, which was presented as an update of the Catholic Church to the modern world, was the scene of the studies prior to the drafting of the pontifical document, where Paul VI made clear the position of the Magisterium of the Church on sexual morality and it anticipates the practical errors that would follow erroneous or mistaken anthropological conceptual approaches on this subject. There is a need to rehabilitate Humanae vitae in order to re-perceive the conjugal act in its "unalterable truth", where good and beauty cannot be separated from the mutual donation of the spouses, which results in the common good of society to defend its basic and nuclear cell which is the family. (shrink)

The emergence of H1N1 in 2009 shows that it is a mistake to regard the scenario of having to implement pandemic plans as merely hypothetical. This recent experience provides an opportunity to inquire into the current state of pandemic preparedness plans with regard to their ethical adequacy. One aspect that deserves consideration in this context is the disclosure of ethical reasoning. Accordingly, the following is an analysis of examples of pandemic plans and drafts of plans from Southeast Asia and the (...) Western Pacific. It is an analysis of the occurrence of explicit ethical reflection in these documents as well an inquiry into the related question of how ethical reflection can be understood as a constitutive element of ethical pandemic preparedness.In the analysis, different fields of ethical consideration concerning equity, personal rights and accountability are distinguished. There are both pragmatic and genuinely ethical reasons to explicitly address issues of these types in pandemic plans. The extent to which ethical language appears in the national plans in South East Asia and the Western Pacific suggests that there is limited awareness of ethical considerations, or at least insufficient ethical substantiation of pandemic action. The aim of the analysis is to show that further inclusion of ethical considerations into pandemic plans is ethically demanded. It is of particular significance that these considerations are formulated and remain discernible as instances of ethical deliberation. (shrink)

Resumen Ésta es la primera traducción al español de las guías “Atención después de la investigación: un marco para los comités de ética de investigación del National Health Service (NHS) (borrador versión 8.0)”. El documento afirma que existe una fuerte obligación moral de garantizar que los participantes enfermos de un estudio clínico hagan una transición después del estudio hacia una atención de la salud apropiada. Con “atención de la salud apropiada” se hace referencia al acceso para los participantes a la (...) atención de la salud, proporcionada principalmente por el National Health Service (en adelante NHS), el sistema de salud del Reino Unido, y/o a la intervención en estudio, también llamada producto o tratamiento en investigación. Las guías “Atención después de la investigación” están dirigidas principalmente a los miembros de los 79 comités de ética de investigación del NHS y a quienes presentan sus estudios de investigación ante estos comités. Se trata de un documento borrador muy avanzado, trabajado en numerosas reuniones, durante más de 3 años, que ha sido discutido por participantes de estudios y miembros de la comunidad, miembros y presidentes de comités de ética de investigación del Reino Unido, especialistas internacionales en ética de la investigación, representantes de la industria y otras partes interesadas. La redacción de las guías es producto de la colaboración de Neema Sofaer y Penney Lewis, ambas investigadoras del King’s College London, en el Centre of Medical Law and Ethics del Dickson Poon School of Law, y Hugh Davies, Asesor en Ética de la Investigación de la Health Research Authority (HRA) del NHS. El traductor del presente documento, Ignacio Mastroleo, participó del workshop en la Fundación Brocher (Ginebra, Suiza, diciembre de 2011) donde se revisó el borrador versión 7.0 y contribuyó en la revisión del borrador de la versión 8.0 durante el 2012. -/- Abstract This is the first Spanish translation of the guidelines “Care after research: a framework for NHS RECs (8th draft)”. The document states that there is a strong moral obligation to ensure that participants in a clinical study who are ill transition after the study to appropriate healthcare. The terms "appropriate healthcare" refer to participants’ access to health care, mainly provided by the National Health Service (NHS), the health system in the UK, and/or to the intervention study also named investigational treatment or product. The guides "Care after research" are mainly directed to members of the 79 NHS committees of research ethics (RECs) and to those who submit their research to these committees. This is a very advanced draft document, worked in several meetings, for more than three years, that has been discussed with study participants and community members, members and chairs of RECs in the UK, international specialists in research ethics, industry representatives and other stakeholders. The drafting of the guidelines is the result of the collaboration of Neema Sofaer and Penney Lewis, both researchers at King's College London, at the Centre of Medical Law and Ethics of Dickson Poon School of Law, and Hugh Davies, Research Ethics Advisor of the Health Research Authority (HRA) of the NHS. The translator of this document, Ignacio Mastroleo, attended the workshop at the Brocher Foundation (Geneva, Switzerland, December 2011) where draft version 7.0 was revised and contributed in the revision of draft version 8.0 during 2012. (shrink)

The political independence of the United States of America was proclaimed in a Declaration of Independence by the Second Continental Congress, in Philadelphia, on July 4, 1776. Thomas Jefferson drafted the document, and the changes made in the text reflected the struggle among different factions in the revolutionary camp. Jefferson's initial version was fundamentally retained, however; and that is precisely what makes the Declaration of Independence not merely a legal document but a vivid example of a bourgeois revolutionary (...) program expressing in concentrated form the ideology of the radical wing of the American Enlightenment. The form of the Declaration was an address to world public opinion explaining the causes and bases for the decisive political break of the 13 British colonies with the home country. In fact it provided a general philosophical justification for the validity of revolutionary change in the social order by the people. The Declaration became the legal ground for the American system of government, sanctioning its independence and serving as the basis for the documents of a constitutional nature that followed. The treatment of the nature of man and his rights is the most important feature of the revolutionary conclusions of the Declaration. (shrink)

Human rights legislation pertaining to applications of human genetic science is still lacking at an international level. Three international human rights documents now serve as guidelines for countries wishing to develop such legislation. These were drafted and adopted by the United Nations Educational, Scientific and Cultural Organization, the Human Genome Organization, and the Council of Europe. It is critically important that the international nursing community makes known its philosophy and practice-based knowledge relating to ethics and human rights, and contributes to (...) the globalization of genetics. Nurses have particular expertise because they serve in a unique role at grass roots level to mediate between genetic science and its application to public health policies and medical interventions. As a result, nurses worldwide need to focus a constant eye on human rights ideals and interpret these within social, cultural, economic and political contexts at national and local levels. The purpose of this article is to clarify and legitimate the need for an international declaration on nursing, human rights, human genetics and public health policy. Because nurses around the world are the professional workforce by which genetic health care services and genetic research protocols will be delivered in the twenty-first century, members of the discipline of nursing need to think globally while acting locally. Above all other disciplines involved in genetics, nursing is in a good position to articulate an expanded theory of ethics beyond the principled approach of biomedical ethics. Nursing is sensitive to cultural diversity and community values; it is sympathetic to and can introduce an ethic of caring and relational ethics that listen to and accommodate the needs of local people and their requirements for public health. (shrink)

In July 1907 the Holy Office issued the decree „Lamentabili“, which has been regarded as the first important formulation of the antimodernism prevalent under Pope Pius X. This essay offers the first reconstruction of the internal history of „Lamentabili“ as a document, based on the archival material in the Roman Congregation for the Doctrine of the Faith. The history behind Lamentabili goes back to the censuring of Loisy's main works in 1903. The long and difficult process of drafting (...) and discussing the propositions of „Lamentabili“ reveals divergent opinions about Loisy and the entire „modernist“ problem within the Holy Office. Lamentabili bears traces of attenuation and compromise, and it seems probable that the necessity of drafting the papal Encylica „Pascendi“ against the errors of the „Modernists“ sprang from the dissatisfaction of leading antimodernists with the formalized and tedious process of conducting discussions within the Roman Inquisition. (shrink)

The opening of the archives for the pontificate of Pius XII makes it possible to see the history of the drafting of the encyclical _Humani generis_, the first document in which the universal magisterium of the Catholic Church addressed the question of evolution. Although its acknowledgment that the question of the evolutionary origin of the human body was, provisionally, theologically open generated no controversy at the drafting commission, the definitiveness of its reservations about monophyletic polygenism generated a (...) disagreement resolved only by Pope Pius. An incident in 1955 reinforces these conclusions about the proper interpretation of the encyclical. (shrink)

In 1677, France took the slave trading island of Gorée located off the coast of Senegal from the Dutch and, less than a decade later, drafted Le Code Noir to formally provide regulations for slave owning practices. This document—created in response to the rapid expansion of the slave economy in French Caribbean possessions made possible by France's position in West Africa—marked the beginning of French involvement in the slave trade. The comparison of French travel narratives written before and after (...) Le Code Noir, shows that, although the descriptions of Sub-Saharan Africa tended to be universally derogatory and Eurocentric, it was not until France became deeply involved in the slave trade that the specific characterization of Africans as lazy emerged. By correlating published descriptions of African laziness with France's growing participation in the slave trade, this paper argues that these portrayals were used to justify slavery to a French public far removed from Africa, Africans, and the ugly realities of the slave trade. (shrink)

In this paper I would like to present a brief description of the issues in English-Polish translation in the field of antitrust. Ever since Poland became a part of the broadening European integration, the Polish antitrust laws have been strongly “Europeanised”. Many new linguistic elements exist in both the Polish language of antitrust law and Polish legal language. Whatever the cause, the result is a decrease in the quality of the language. The issues of concern are divided into two groups. (...) The first relates to producing Polish versions of EU legal documents concerning antitrust. The second is related to translating English language of antitrust for the purposes of drafting national documents concerning antitrust, both legal documents and documents that are not legally binding. I will then turn to areas where a change is needed and propose measures that might be helpful in the current circumstances. (shrink)

The second decade of the 21st century has seen the emergence and establishment of a series of movements that have led to the rise of Eurosceptic parties in France and Germany and the departure of the United Kingdom from the European Union. Considering the current political context and given the lack of studies addressing this object of study, this paper analyses the role of metaphor and metonymy in Eurosceptic discourse in French and Spanish. To this end, once the theoretical fundamentals (...) of this research has been submitted, the compiled textual corpus is presented. This corpus consists of documents, political programmes and manifestos drafted by a number of openly Eurosceptic political parties in France, Switzerland and Spain. From this corpus, the underlying conceptual metaphors have been analyzed, as well as the orientational metaphors and the documented metonymies from the metaphorical expressions used. This study concludes that metaphor is, in political discourse, an effective means of transmitting a certain ideology. Thus, the most used conceptual metaphors have been THE EXIT FROM THE EUROPEAN UNION IS A WAY, THE EXIT FROM THE EUROPEAN UNION IS A FIGHT and POLITICS ARE A FIGHT. It is also concluded that the use of metaphor is capable of changing the citizen’s perception and conception of European Community policies and the European Union. (shrink)

ABSTRACT For several generations before the First World War, the idea that the British constitution contained a ‘right of asylum' for foreign nationals was commonplace. Though this belief had profound consequences for Britain's treatment of political and religious exiles, its relations with foreign states, and the drafting of its extradition and immigration laws, there has been little enquiry into its origins. This article delineates the emergence of the idea of a constitutional ‘right of asylum', locating it in a series (...) of political clashes over the ‘Alien Act' that took place during the decade after the Napoleonic Wars. This legislation, which established controls over foreigners during the French Revolution and the quarter-century of war that followed, was increasingly challenged by the Whig and radical oppositions after Waterloo, both for its specific arbitrary provisions and as a more fundamental violation of the rights of aliens guaranteed by key constitutional documents like Magna Carta and the Habeas Corpus Act. By the mid-1820s these objections cohered into a conviction that asylum itself could be claimed as a right. This conviction and the arguments that spawned it were repeated for many subsequent decades, forming the basis of the widespread Victorian belief in the ‘right of asylum’. (shrink)

Thomas Sheehan and Richard E. Palmer The materials translated in the body of this volume date from 1927 through 1931. The Encyclopaedia Britannica Article and the Amsterdam Lectures were written by Edmund Hussed (with a short contribution by Martin Heideg ger) between September 1927 and April 1928, and Hussed's marginal notes to Sein und Zeit and Kant und das Problem der Metaphysik were made between 1927 and 1929. The appendices to this volume contain texts from both Hussed and Heidegger, and (...) date from 1929 through 1931. As a whole these materials not only document Hussed's thinking as he approached retirement and emeri tus status (March 31, 1928) but also shed light on the philosophical chasm that was widening at that time between Hussed and his then colleague and protege, Martin Heidegger. 1. The Encyclopaedia Britannica Article Between September and early December 1927, Hussed, under contract, composed an introduction to phenomenology that was to be published in the fourteenth edition ofthe Encyclopaedia Britannica (1929). Hussed's text went through four versions (which we call Drafts A, B, C, and D) and two editorial condensations by other hands (which we call Drafts E and F). Throughout this volume those five texts as a whole are referred to as "the EB Article" or simply "the Article. " Hussed's own final version of the Article, Draft D, was never published of it appeared only in 1962. (shrink)