From Public Law to State Punishment: A Review of Victor Tadros, The Ends of Harm: The Moral Foundations of Criminal Law.

This article adopts what Frederick Schauer calls a ‘non-essentialist’ approach to understanding the nature of law, which can be contrasted with the widely practised method of ‘conceptual analysis’. Instead of seeking a set of necessary conditions for the existence of law in all possible worlds, non-essentialism reflects upon pervasive features of actual legal systems. The article focuses on constitutional and administrative law and contrasts modern standard accounts of public law with HLA Hart’s highly influential threefold list of ‘necessary’ types of (...) public ‘secondary rules’: rules of recognition, change and adjudication. The argument is that non-essentialist methodology not only yields a rich descriptive account of certain fundamental characteristics of modern legal systems but also provides theoretically significant insights into how law is conceived in many contemporary societies. Because the resulting account is firmly rooted in actual social and legal practices, it provides a more fine-grained and less abstract theory of those practices than is offered by Hart’s approach, based as it is on hypothetical stories about how law ‘might have developed’. (shrink)

This chapter studies Habermas’s discourse doctrines of law and constitutional democracy. It first examines Habermas’s concepts of the genesis of public law, public law as a system of knowledge and action, the relationship between morality and law, the facticity and validity of law, the distinction between moral and legal norm, and the source of the validity of law. It then examines the discursive concepts of constitutional democracy, the distinction between ethnos and demos, the distinction between nation-state, popular sovereignty, nationalism, constitutional (...) patriotism, post-nation democracy, the three normative models of democracy, and global democracy. (shrink)

The practice of using courts to foster social change, once confined to the USA, has emerged as a worldwide phenomenon. Foreign practice reflects indigenous forms but faces criticisms similar to that in the USA: that it is ineffective, antidemocratic, and counterproductive. The essay meets these criticisms, first, by recasting US public law litigation as a form of politics that challenges the status quo by forging alliances, changing discursive frames, and disciplining private and public decision making. Looking abroad, the essay emphasizes (...) public law litigation as a meditative institution that facilitates political action and aids in regulatory enforcement where administrative mechanisms are weak or regulation requires ongoing elaboration. Finally, the essay suggests that criticisms of public law litigation tend to neglect three factors: the actual and not assumed comparative advantages of different institutional actors, the role of temporal conditions in affecting social change, and the ubiquity of complex, not dichotomous, relations. (shrink)

This book tackles the relationship between the common law of judicial review, the written constitution and public international law.

In the UK, comparative law is an influence but not a determining one in judicial decisions, unless it comes from a familiar source, mainly from the common law. Scholarly comparative law, which is substantial and thriving, contributes in a more indirect fashion to create an environment in which some decisions become thinkable to judges and legislators. In the current atmosphere of a retreat from European-wide legal rules, comparing different national legal systems will be more influential than the appeal to pan-European (...) standards in both judicial decisions and in inspiring legislation. (shrink)

The book outlines the historical development of Public Law and the state from ancient times to the modern day, offering an account of relevant events in parallel with a general historical background, establishing and explaining the relationships between political, religious, and economic events.

What is the relevance of sex characteristics and gender identity in public law? Why do these personal characteristics matter for the legal relations between individuals and between individuals and the state? What happens when people do not fit the legal assumptions about sexual anatomy and gender identity? Are these ‘unruly’ personal characteristics erased or protected? How is the understanding of sex characteristics and gender identity evolving in public law, and how does this development change the relationship between the person and (...) the legal system? This book addresses these questions through an extensive analysis of jurisdictions from Europe, Latin America, and Asia. By combining comparative law with gender and constitutional studies, the volume examines how gender diversity is recognized and controlled within different jurisdictions. The monograph demonstrates that sex characteristics and gender identity matter for public law. It reveals that the legal order is not grounded solely in the existence of men and women, but also depends on the existence of men, women, and nonbinary people with specific physical and identity characteristics. When individuals differ from the norm, public law actively shapes the subjects that it requires. At the same time, legal systems are gradually opening to gender diversity, and this book explores how emerging models of recognition are changing public law to include gender-diverse people. Ultimately, the monograph examines the complex relationship between gender diversity and public law in a comparative context and illuminates a central aspect of this legal field, which has remained understudied until now. (shrink)

Nathaniel Boyd's pathbreaking book argues that Hegel's political thought was shaped by German public law. This tradition of legal discourse, especially through its imperial tradition, was crucial to European modernity, influencing foundational philosophical concepts such as sovereignty, the state and the diverse legal systems that emerged from them. Hegel and German Public Law examines the impact of Johann Jacob Moser, Johann Stephan Pütter and Johann Christian von Majer on Hegel's intellectual development. It reveals how the collapse of the Holy Roman (...) Empire informed his early speculative system and constitutional theory. In doing so, Boyd extends our understanding of Hegel's relation to European legal and political thought while offering an original interpretive framework for Hegel's absolute idealism and unfolding institutional theory of the state. (shrink)

In an earlier article, it was established that the rules which govern the relations between universities and their students may find their legal source in prescription, royal charter, parliamentary legislation or contract. This article compares judicial review of student rules according to these different sources, whether this review forms part of public law (the review of byelaws, delegated legislation or the expression of other statutory rule‐making powers) or of contract law (as a matter of the fairness of the rules as (...) terms of the student contract or by the inherent qualification of any contractual rule‐making power in a university by reference to reasonableness). Both similarities and differences in these different types of review are identified and their implication in the student context assessed (notably, as to the exclusivity of the visitorial jurisdiction in the case of chartered universities). Finally, it is argued that the compatibility of student rules with students' human rights may be relevant to review in contract law as well as in public law as a result of the very inclusive nature of the grounds of this review. (shrink)

This article analyses the work of Martin Loughlin on the nature of public law, and in particular, his ostensibly strident anti-positivism. It is argued that despite this, Loughlin's work can be reconciled with a normative account of legal positivism, based on the work of Jeremy Waldron. The article maintains that Loughlin's account of public law as political jurisprudence is methodologically compatible with, and potentially even substantively complementary to, normative legal positivism. It is ultimately suggested that this reconciliation provides a methodology (...) for public law scholarship which is both positivist and political, and which may offer insight into the subject beyond that which either approach might generate alone. (shrink)

The present religious constitution of the Federal Republic of Germany is the product of protracted historical conflicts and political settlements that began in the sixteenth century. The mediation of these conflicts and settlements and the piecemeal establishment of the constitution was the achievement of imperial public law and diplomacy. Germany’s religious constitution—a secular and relativistic juridical framework protecting a plurality of confessional religions—pre-dated liberalism and democracy, and owes nothing to normative philosophical constructions of individual freedoms and rights, or social justice (...) and moral community. Rather, it was the product of a political compromise between warring confessional blocs, and of the institutions of public law that were the instruments and effects of this compromise. (shrink)

ABSTRACTThis article critically considers a state-centred approach to public law that has been epitomised in Martin Loughlin’s claim that the concept of the state is the sine qua non of public law....

The volume ‘Questioning the Foundations of Public Law’ is co-edited by Michael. A Wilkinson and Michael W. Dowdle and its core aim is to engage critically with the magnum opus of Martin Loughlin, ‘...

American public law scholarship views law as a purposive instrument for the achievement of democratic purposes. It has analyzed how this instrument can best be employed within the historical context of the legal institutions and traditions of particular nation-states. Emerging forms of international law, articulated by international tribunals, challenge these fundamental premises of American public law scholarship. Much international law does not reflect the will of an indentifiable demos, and it is articulated through innovative legal institutions that combine the procedures (...) and organizational forms of many distinct states and legal cultures. Attempting to omprehend the sources and limitations of the legitimacy of this kind of international law will force American public law scholarship to re-examine deep and implicit presuppositions, inherited from legal realism, about the inherent normativity of the rule of law. The author speculates about possible effects of this re-examination on the substantive and methodological agenda of American public law scholarship. (shrink)

An important feature of some recent jurisprudential writings is the tendency to reject the precept of liberal individualism which affirms the priority of the principles of the "right conduct" over the substantive conceptions of "the good". This rejection, explicit in a recent book by Rogers M. Smith, and implicit in a recent work by Guido Calabresi, leads to strikingly illiberal consequences; hence, this provides indirect confirmation that the priority of the right over the good constitutes the most reliable defense of (...) individual liberty against majoritarian oppression. In Smith, an attempt to replace this priority with the principle of "rational liberty" leads to the disappearance of the guarantees of minority rights against orthodox majorities; in Calabresi, the doctrine of weighing and balancing competing moral principles of "the good" fails to provide an explanation for the strongly held moral intuition that some external preferences have to be disqualified at the outset, before they enter the forum of moral bargaining. (shrink)

In several obiter dicta, judges of the UK Supreme Court have gestured to the idea that there might be primary legislation purporting to license a violation of common law rights so egregious that the courts would hold that such legislation has no legal effect. I argue that our ability to make philosophical sense of these developments depends on arguments at the level of general jurisprudence. I set out two models for making philosophical sense of these dicta, based on familiar positivist (...) and non-positivist theories of general jurisprudence. By clarifying the links between theories of general jurisprudence and theories of public law practice, we can avoid begging important questions and open new ways of thinking about public law doctrines. (shrink)

Most people think that the state may incarcerate those who commit serious crimes. Most also think that a criminal justice system characterized by mass incarceration is unjust. Yet a state could bring about mass incarceration while only incarcerating those who commit serious crimes. In response to this puzzle, this paper offers a framework to explain how mass incarceration can be unjust even if each individual punishment that makes it up is independently justifiable. It argues that resolving this puzzle requires adopting (...) a holistic approach to criminal law focusing on its relationship to the broader political order rather than narrowly on the moral quality of individual punishments. This approach reveals how mass incarceration is presumptively in tension with the state’s claim to legitimate public authority. In all but exceptional circumstances, mass incarceration involves the state using its power to punish in ways that are inconsistent with the public purposes that justify and constrain that power. (shrink)

Proportionality is a German, and thus continental European, concept in public law that is applied by both the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The principle specifies that measures adopted by executive authorities should not exceed the limits of what is appropriate and necessary in order to achieve legitimate objectives in the interest of the public. Using a functional comparative approach, this book evaluates the extent to which proportionality has been (...) integrated into the English and Hong Kong judicial systems by comparing case law in these courts with that of the CJEU and the ECtHR. The text also reviews the development of proportionality and presents a topical understanding of why its adoption and application have encountered difficulties, particularly regarding socio-economic rights, in some jurisdictions, such as the United Kingdom and Hong Kong. Written by a scholar with experience from both within the Hong Kong judicial system and from international research, this book is the first all-encompassing reference for legal practitioners worldwide." -- Provided by publisher. (shrink)

At first sight constitutionalism appears to be a key concept in public law discourse in the United Kingdom. It appears in all the major academic discussions from the rule of law and judicial review to the ‘new constitutional settlement’ and in relation to constitutional culture. And yet attempts to define the scope, meaning and role of constitutionalism remain vague. This article discusses the different fields in which constitutionalism is discussed and the different meanings that are attributed to the concept. It (...) shows that constitutionalism is routinely conflated by public law scholars with other constitutional values and principles, like the rule of law or separation of powers. This article argues that constitutionalism should either be conceived as distinct from those concepts or, failing that, can safely be eliminated from public law discourse. The article concludes by asking whether a nuanced and normative discussion of constitutionalism could have any meaningful application in the United Kingdom constitution. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Laws of the Roman People: Public Law in the Expansion and Decline of the Roman RepublicDaniel J. GargolaCallie Williamson. The Laws of the Roman People: Public Law in the Expansion and Decline of the Roman Republic. Ann Arbor: University of Michigan Press, 2005. xxviii + 506 pp. 39 tables. 4 maps. Cloth, $75.Laws enacted by citizen assemblies occupy a prominent place in the history of the Roman (...) Republic. In this large book, Williamson aims to examine the culture and practices of lawmaking and to link legislation to Roman expansion over Italy and to the creation of structures of accommodation of sufficient strength to allow the formation of a fairly integrated Italian world. Williamson has set a large task for herself, one that addresses many major themes in Roman history, and she has produced a wide-ranging and complicated argument that should be set out in detail.The book is divided into three broad parts, each made up of three substantial chapters. Part 1 is the core. In the first chapter, Williamson addresses change over time in the frequency of legislative assemblies, the relationship between frequency of lawmaking and periods of crisis, and the functions of public lawmaking. She finds that legislative activity was concentrated in times of crisis, but that the number of laws proposed or enacted in non-crisis years increased markedly from the third to the first centuries and that Roman officeholders proposed laws primarily in instances where the matter was controversial, suggesting that the primary function of lawmaking through popular assemblies was a legitimizing one in just those circumstances where the legitimacy of an action might be questioned.In general, these conclusions are possible and, in some cases, probable, [End Page 469] but they rest on foundations that are not as firm as one would like. Williamson's demonstration centers on a collection of laws and proposed laws from c. 350 to 44 B.C.E., which she has arranged chronologically in twenty-five-year segments that furnish the means to discern changes over time and that, in later chapters, provide the essential temporal structure to integrate lawmaking with a wide range of developments. In appendix B, intended to justify her approach, she acknowledges and dismisses two potential sources of error: the possible use of a statistically invalid sampling procedure and the possible bias introduced by the differing interests of the authors who provide the bulk of the evidence: Cicero, Livy, Cassius Dio, Appian, Plutarch, and Polybius. Yet there is another possibility that Williamson does not consider. Our sources certainly favor some periods over others. Thus, historical accounts become fuller for the Second Punic War and as they approach the first century, just the periods that supposedly exhibit clear signs of an increase in legislative activity. We may know of more laws or proposed laws in periods of war and political conflict than in times of peace, not only because more laws were put forward then but also because such times attracted more interest on the part of historians. Finally, substantial portions of the texts of Livy, Dio Cassius, and Polybius are lost, and the gaps cover much of the third and second centuries. The evidence, then, is extremely uneven over time.One way that Williamson uses the evidence is especially problematic. She notes that three methods of enacting programs or regulations existed simultaneously: magisterial edicts, senatorial decrees, and popular legislation. Since she finds that the kinds of matters addressed in legislation are indistinguishable from the range of issues addressed by the senate, she concludes that, to some extent, it was a matter of choice whether a magistrate went to the senate or to the people for authorization. Thus, when a proposal was moved forward by a law rather than by an edict or senatorial decree, she suggests that the measure was probably controversial and required the legitimizing function of a popular assembly. Unfortunately, our sources often fail to set out clearly just what procedures a magistrate followed. Sometimes, as Williamson notes, a senatorial decree and the proposal of legislation mark successive stages in the legislative process. And certain operations, such as the creation of provincial assignments or promagistracies, could be addressed... (shrink)

The evolution of the present legal system is powered by the contradictory double-structure of a law that is at once is repressive and emancipatory. I take three examples, one from the early stage of the twentieth century’s legal transformations, and two from the present. They all show that the latent emancipatory potential of public law can be activated to challenge repressive function of hegemonic law. The first example is concerned with the challenge of imperial law from within the managerial mindset (...) of the legal system, the second shows that every modern constitutional law “can strike back”. The third one emphasizes the tension between the Kantian constitutional mindset and the managerial mindset that dominates present international law. (shrink)

The obligation of the legalization of entrepreneurial activity from Article 14 of The Act of July 2, 2004 on the freedom of entrepreneurial activity caused deliberations regarding constitutive or declarative character of the legalization entry and as a result, created a problem with indication of the moment when the public law status of an entrepreneur is acquired. The answer to the question whether Central Register and Information of Entrepreneurial Activity or the register of entrepreneurs of the National Court Register have (...) also the creation function incites many controversies and is subject to discussions, in the process of which two main standpoints were formed. It is also important to note that the resolution of the discussed issue not only holds scientific value, but above all, it has significant importance in practice. Therefore, it is necessary and even essential. Furthermore, it is typical for this issue that concerns related thereto and arguments raised during the discussion have their basis in the legislation in force and in fact, encapsulate the favoured path of its interpretation. (shrink)

Robert Post's work in constitutional theory is engaging in an exceptional way: it always forces one to rethink and reconsider the basic tenets of the field. In his article The Challenge of Globalization to American Public Law Scholarship, Post discusses American public law and human rights scholarship in the age of globalization. In this comment, I will make a few remarks on some of the points raised in the article.

An increasing number of Italian scholars are beginning to share the idea that the conceptual basis of legal positivism (LP) is wrong, particularly in the field of Public Law. According to a group of theories called “neoconstitutionalism,” constitutionalism is to be understood not only as a principle based on the need to impose legal limits to political power, but also as an aggregation of values capable of continually remodelling legal relationships, positioning itself as a “pervasive” point of reference for legal (...) experience. A recent essay by Professor Antonio Baldassarre, President Emeritus of the Constitutional Italian Court, about the “misery of legal positivism” is a good expression of this view. In this article, the ideas outlined by Baldassarre are examined and criticized. The paper also tries to defend a version of legal positivism, which has both a conceptual and prescriptive meaning, relating to decisions made on the basis of rules. This view is based on the two correlated concepts of primary formalism and secondary formalism of “competence and procedure.”. (shrink)

This paper provides a critical analysis of Martin Loughlin's pure theory of public law as developed in his more recent work. I argue that the pure theory makes a series of errors and rests on a set of assumptions that make it inappropriate to provide the legal framework for any social‐democratic polity. Specifically, the theory concedes too much latitude to the functional needs of the state and organised politics, and pays too little deference to processes of political opinion and will (...) formation in civil society. As such, it only succeeds in establishing law's connection to the public realm, at the cost of effacing its internal relationship to the rule of law and democracy. (shrink)

The recent research of Helena Rosenblatt, Hilail Gildin, Arthur Meltzer, and John Scott calls for a reconsideration of Rousseau's stance towards and effect on the natural public law tradition. This reconsideration is especially called for given the persuasive evidence and arguments that these scholars marshal to demonstrate the positive contribution of Rousseau to that tradition and to suggest that his pre-Kantian rational law teaching in the Social Contract is rooted in his post-Hobbesian stance towards natural law, especially in the Second (...) Discourse. The work of these scholars builds upon others, especially on Leo Strauss, Victor Gourevitch, Jean Starobinski, Marc Plattner, Roger Masters and John Charvet, as well as Asher Horowitz, R. A. Leigh, Franz Haymann, and Robert Derathe, and completes the full range of alternative answers to our question. Their contributions are an invaluable scaffolding for fully grasping the issue and for proposing theses that could resolve it. Given the great debt owed to these scholars, the present inquiry begins with an overview and general assessment of their opinions on the issue, which is then followed by a close analysis of the relevant texts of Rousseau, especially the “Preface” to the Second Discourse. (shrink)

This article discusses the concept of publicity in Kant’s moral philosophy. Insofar as the concepts of ‘public’ and ‘private’ can describe our relations with others, they can be considered to be moral concepts. I argue that we can find in Kant a moral duty not to keep our maxims of action private, or secret. Whereas Korsgaard argues that sometimes in the face of evil it is permissible to sidestep the moral law, I argue that it is rather through (...) class='Hi'>publicity that we can deal with evil in the non-ideal world. Moreover, by being open with our maxims, moral progress is possible. View HTML Send article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.Making the Ideal Real: Publicity and Morality in KantVolume 21, Issue 2Melissa Zinkin DOI: https://doi.org/10.1017/S1369415416000042Your Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. Making the Ideal Real: Publicity and Morality in KantVolume 21, Issue 2Melissa Zinkin DOI: https://doi.org/10.1017/S1369415416000042Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. Making the Ideal Real: Publicity and Morality in KantVolume 21, Issue 2Melissa Zinkin DOI: https://doi.org/10.1017/S1369415416000042Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation. (shrink)

This dissertation evaluates the efforts of modern philosophers of aesthetics and politics to distinguish judgment from both cognition and volition. To see the rule under which any given particular is to be subsumed as a law fabricated and imposed by either God or reason is to characterize free judgment in terms of sovereignty. This generates the skeptical dilemma of an infinite regress of the legitimacy of the rule's application that can only be avoided by seeing the act of judgment as (...) an act of will. Such a voluntarist account of politics and judgment must in the end deny plurality for identity, and efface the categorical Aristotelian distinction between the public and the private. The rejection of the teleology of publicity is thus tied to the collapse of phronesis back into a Platonic techne that strives to produce society and man in the image of the eidos. ;Three "solutions" to this aporia are considered. The first is Hannah Arendt's appropriation for politics of Kant's aesthetic judgment, which allows for categorical distinctions between the public and the private and between judgment and the observance of rules. This project fails on account of the extreme formalism of that aesthetics. The second reads the third Critique as an allegory of politics. This too fails, as Kant's aesthetic community relies upon the productive legislation of the genius, a figure whose lineage reaches back to the half divine, half bestial figure of Machiavelli's founding prince. The third is a direct return to Aristotle. While his ethical philosophy offers us our best account of phronesis and epieikeia, it does not sufficiently engage the motivations for its own rejection. Hobbes, Locke, and Kant were not so taken with the model of mechanistic science that they simply forgot that in their common lives they regularly made judgments without the implicit or explicit guidance of a rule. The modern is better seen as a Weltanschauung, less a description that might be right or wrong than a desire. The alternative to the aporia of judgment is not found in the aesthetic but in a Wittgensteinian form of philosophical therapy. (shrink)

The two standard interpretations of Kant’s view of the relationship between external freedom and public law make one of the terms a means for the production of the other: either public law is justified as a means to external freedom, or external freedom is justified as a means for producing a system of public law. This article defends an alternative, constitutive interpretation: public law is justified because it is partly constitutive of external freedom. The constitutive view requires conceiving of external (...) freedom in a novel, second-personal way, that is, as an irreducibly relational norm. (shrink)

Some moral philosophers argue that our personal obligations to help address the collective economic, environmental and intergenerational crises of our time are imperfect duties. According to this view, we must all do our part to help resolve these crises, but each of us enjoys some latitude to decide how and when to do so. However, given the flexibility built into these duties, it is no surprise that many of us fail to take meaningful steps to act on them. In response (...) to this problem, it has been argued that we should institutionalize our imperfect duties and so transform them into perfect duties – that is, legally enforceable duties that provide us each with specific guidance on what we must do. This paper explores whether this proposal is institutionally and normatively coherent as a matter of law. I argue that such perfected duties fit better within the institutions of public law rather than private law, but that some normative concerns remain for justifying such duties as legitimate public law duties. (shrink)

The aim of this research was to analyse Chinese legal terminology related to limits of freedom of contract in juxtaposition with other European and Asian legal systems. The study was limited to state, law and publicity. The purpose of the comparison was to add a broader perspective to the research on Chinese legal terminology. The research material included civil codes and contract laws of selected European and Asian countries. Among the European codes the great ones were obviously included – (...) French, Austrian and German, as well as those of less importance, but still relevant in Europe, such as Italian, Spanish codes or Swiss Law of Obligation, and also codes of Slavic and simultaneously post-socialist countries, like Poland, Czech Republic and Russia. In the case of Asia, the codes of China, Japan, South Korea and Vietnam were analysed. The question asked was whether the terminology used in Chinese law is unique or repeated and if so, how common it is in comparison with other legal systems. The research methods included the parametric approach to legal terminology comparison and techniques of legal construction (interpretation). (shrink)

This analysis examines the ‘girls only’ policy for publicly funded human papillomavirus (HPV) vaccination programmes. Current funding policy in most Canadian provinces covers ‘girls only’ with the goal of reducing mortality and morbidity rates of HPV‐related cervical cancer. Recent studies indicate increasing rates of other HPV‐related cancers among cisgender men and women. The HPV vaccine is proving effective against some of these cancers. Statistics on HPV vaccine uptake among individuals with different gender expressions are scarce. Critics argue that a ‘girls (...) only’ HPV vaccine policy is inequitable. We add to this critique by reflecting on the gender binary embedded in such policies and produced through epidemiological studies that attend differentially to females, reinforcing exclusionary practices that leave out those who form their gender identities across the spectrum. We then draw on deontological (duties‐based) and utilitarian (utility‐based) frameworks to show that these gendered policies are also unethical. These challenges to the assumptions underlying ‘girls only’ immunization programmes have implications for nurses and the healthcare system. If we are to advance equitable and ethical health outcomes, we entreat nurses as a collective to mobilize the public to lobby federal, provincial and territorial governments to fund more inclusive HPV vaccination policies. (shrink)

Résumé: Après la promulgation de la loi sur le mariage de la République populaire de Chine en 1950, les œuvres littéraires dérivées du besoin de publicité ont des implications politiques et une signification disciplinaire distinctes. Parce que le problème du divorce a la rationalité des “droits libres” et la sensibilité de l’agitation sociale, le récit du “divorce” à cette époque se situe dans une certaine mesure entre la politique et la réalité. D’une part, les œuvres littéraires doivent promouvoir positivement le (...) concept juridique de “liberté de divorce” et, d’autre part, elles doivent être soumises à un traitement narratif insensible. Les récits de divorce sont donc vagues et capricieux. Toutefois, la littérature a comblé dans une certaine mesure le fossé entre la loi et la réalité en réimaginant les problèmes réels causés par le divorce. (shrink)

Drawing on recently published correspondence as well as on a survey of Polish and international philosophical activity published in 1937 and details concerning the publisher and bookseller Aleksander Mazzucato, I provide evidence that, contrary to some recent assertions (but in line with older bibliographical entries), Tarski's ‘Der Wahrheitsbegriff in den formalisierten Sprachen’ was not published in journal form until 1936, although preprints, lacking two corrections and a small addendum, were likely available in the late months of 1935.