Since the post-August 5 discourse among public intellectuals has centered around op-eds and commentaries, the buzzwords "reform" and "rewrite" dominate discussions about our Constitution. But how many of us have paused to explore what these terms truly mean? In this commentary, I delve into the ongoing debate about reforming vs. rewriting Bangladesh’s Constitution. My op-ed explores the semantics of these terms and insinuates a bold argument: You don’t need to invoke the “spirit of 2024” to justify rewriting the (...) 1972 Constitution. Instead, the answer lies in returning to the core spirit of Bangladesh’s 1971 Liberation War: equality, human dignity, and social justice. Even substantial reformation may fall short to abolish all elements that contradict the Liberation War. A comprehensive rewrite is the only way to uphold the true spirit of our Liberation War and lay the foundation for a genuinely democratic Bangladesh, free from Hasinocratic authoritarianism. (shrink)

Promising, consenting, and even attacking someone are ways to ‘rewrite’ our rights, permitting others to treat us in ways that would otherwise have violated the duties they owe us. When unsure whether such a change has been made, we face ‘normative opacity’. Incorrect guesses cause injurious mistakes, so it’s urgent to ask how we owe it to each other to respond to normative opacity. Rewriting Rights highlights the social dimension of the question: at scale, any bias in the error (...) tendencies of the rules we use yields uneven distributions of actual harm. At the individual level this problem is intractable: we can’t do better than responsibly following our best evidence, even when this predictably leads us to make mistakes that injure women and Black men at disproportionate rates. -/- ​Analogizing the problem to safe driving, Jorgensen argues that we must coordinate to adequately control the risks we pose to each other. The book’s main project is to construct and defend a standard for navigating uncertainty about rights-changes that is not overly demanding, but avoids compounding extant gender and racial bias. It offers a characterization that is essentially social, mediated by convention, and communicated through social signals. She argues that when carefully constrained, social norms can significantly resolve normative opacity—and urges that it is only by recognizing this that we can recognize and reform the unjust norms that do already shape our conception of which mistakes are reasonable. (shrink)

Rewriting the Self is an exploration of ideas of the self in the western cultural tradition from the Renaissance to the present. The contributors analyze different religious, philosophical, psychological, political, psychoanalytical and literary models of personal identity from a number of viewpoints, including the history of ideas, contemporary gender politics, and post-modernist literary theory. Challenging the received version of the "ascent of western man," they assess the discursive construction of the self in the light of political, technological and social (...) changes. Contributors include: Peter Burke, Roger Cardinal, Stephen Connor, Jonathan Dollimore, Terry Eagleton, Kate Flint, E.J. Hundert, John Mullan, Linda Nead, Daniel Pick, Nikolas Rose, Jonathan Sawday, Jane Shaw, Roger Smith, Sylvana Tomaselli and Carolyn D. Williams. (shrink)

This paper builds a three-part argument in favour of a more transcendentally focused form of ‘postphenomenology’ than is currently practised in philosophy of technology. It does so by problematising two key terms, ‘constitution’ and ‘postphenomenology’, then by arguing in favour of a ‘transcendental empiricist’ approach that draws on the work of Foucault, Derrida, and, in particular, Deleuze. Part one examines ‘constitution’, as it moves from the context of Husserl’s phenomenology to Ihde and Verbeek’s ‘postphenomenology’. I argue that the term tends (...) towards different senses in these contexts, and that this renders its sense more problematic than the work of Ihde and Verbeek makes it appear. Part two examines ‘postphenomenology’. I argue that putatively ‘poststructuralist’ thinkers such as Derrida, Foucault, and Deleuze may be better characterised as ‘postphenomenologists’, and that approaching them in this way may allow better access to their work from a philosophy of technology perspective. Part three argues for a ‘transcendental empiricist’ approach to philosophy of technology. In doing so, it argues for a rewriting of contemporary philosophy of technology’s political constitution: since an ‘empirical turn’ in the 1990s, I argue, philosophy of technology has been too narrowly focused on ‘empirical’ issues of fact, and not focused enough on ‘transcendental’ issues concerning conditions for these facts. (shrink)

Here the distinguished philosopher Ian Hacking uses the MPD epidemic and its links with the contemporary concept of child abuse to scrutinize today's moral...

Two traps currently ensnare Heideggerian scholarship: the “language trap” and the “being trap”. To avoid them, the text argues we should follow Heidegger’s important indication that movement (aka ex-sistential becoming or Zeit) determines all forms of meaning (aka the significance of things or Sein). This requires a radical rewriting of the terminology and the structure of Zeitlichkeit in § 65 of Sein und Zeit. The text also argues for moving beyond Heidegger’s early and late formulations of fundamental ontology and (...) into a meta- ontological ethics that would apply to the economic, social, and political worlds in which we live our daily lives. (shrink)

The termination of rewrite systems for parameter recursion, simple nested recursion and unnested multiple recursion is shown by using monotone interpretations both on the ordinals below the first primitive recursively closed ordinal and on the natural numbers. We show that the resulting derivation lengths are primitive recursive. As a corollary we obtain transparent and illuminating proofs of the facts that the schemata of parameter recursion, simple nested recursion and unnested multiple recursion lead from primitive recursive functions to primitive recursive functions.

(2001). Rewriting the Utilitarian Market: Colonial Law and Custom in mid-Nineteenth-Century British India. The European Legacy: Vol. 6, No. 2, pp. 177-188.

The term “complex system” permeates contemporary science yet suffers from deep ontological ambiguity. This paper argues that complex systems do not exist as onto- logically discrete entities. Instead, what persists in empirical domains are regimes of constraint stabilization, relational patterns without identity or causal closure. We cri- tique the reification of emergence and propose a structural realist alternative centered on constrained coherence. We conclude by outlining the implications of this framework for modeling practice, scientific realism, and metaphysical parsimony.

The “official” history of connexive logic was written in 2012 by Storrs McCall who argued that connexive logic was founded by ancient logicians like Aristotle, Chrysippus, and Boethius; that it was further developed by medieval logicians like Abelard, Kilwardby, and Paul of Venice; and that it was rediscovered in the 19th and twentieth century by Lewis Carroll, Hugh MacColl, Frank P. Ramsey, and Everett J. Nelson. From 1960 onwards, connexive logic was finally transformed into non-classical calculi which partly concur with (...) systems of relevance logic and paraconsistent logic. In this paper it will be argued that McCall’s historical analysis is fundamentally mistaken since it doesn’t take into account two versions of connexivism. While “humble” connexivism maintains that connexive properties only apply to “normal” antecedents, “hardcore” connexivism insists that they also hold for “abnormal” propositions. It is shown that the overwhelming majority of the forerunners of connexive logic were only “humble” connexivists. Their ideas concerning connexive implication don’t give rise, however, to anything like a non-classical logic. (shrink)

For the first time in the history of civilization, humans have procured the power to rewrite nature's book of life. Following the discovery of CRISPR and other key scientific developments at the dawn of the twenty-first century, humankind has-for better or worse-reached the Rubicon of precise genetic manipulation, which existed only in science fiction until now. Those familiar with genome editing understand its colossal power and potential to become a global transformative agent that surpasses the impact of electricity, the atomic (...) bomb, or the Internet. REWRITING NATURE is an interdisciplinary odyssey through the law, science, and policy of genome editing-the most significant breakthrough of our generation. The volume addresses a critical need to bridge gaps between law, science, and policy, and challenges the conventional, false dichotomy frequently associated with mutually exclusive normative roles for science and law. Through exploration of heuristic inquiries into an array of interdisciplinary fields, the book seeks to ignite thoughtful dialogues about authentic-rather than manufactured or sensationalized-issues raised by the technology. This timely resource is intended for keen audiences focused on venturing beyond the headlines and talking points to develop a deeper understanding of the prospects and challenges of genome editing. (shrink)

The model of atonement presented in Anselm of Canterbury's Cur Deus Homo has aroused a host of worries from theologians. The gist of their criticism is that Anselm inscribes redemptive violence into theology and thus encourages passive acquiescence to abusive power structures or even licenses the violence of abusers. Some suggest that the way forward would be to jettison Anselm's account and develop alternatives that are not liable to the same abuses. This paper argues that while alternatives may be desirable, (...) Cur Deus Homo looms so large in theological imaginations as to defy jettisoning. We should instead try to perform better readings. This paper presents a close reading of this text as a monastic meditation on mortality oriented less toward resolving a problem of systematic theology than drawing readers into a renewed experience of devotion to God. To do that, Anselm works to rewrite the meaning of human mortality, making it less about the necessity of losing one's life and more about the possibility of a gift of death. The ethical paradigm that emerges is far from a complete moral vision, but is still more alluring than the one about which Anselm's contemporary critics worry. (shrink)

This paper proposes a reformulation of scientific ontology grounded not in representational accuracy or metaphysical postulation, but in the dynamic stabilization of referents across regimes of constraint. Drawing on structural realism, category theory, and case studies in quantum field theory, measurement theory, and general relativity, we develop a criterion of ontological significance based on structural mediation. What is real, we argue, is not what is statically posited, but what persists under transformations that preserve constraintdefined functionality. This framework enables a reconciliation (...) of epistemic contextuality with ontological robustness, by anchoring existence in the modal invariance of structures across scientific practices. We further suggest that mathematics functions not merely as a language of description, but as a constraint-preserving medium that shapes the ontology of science. The result is a shift toward a dynamically grounded metaphysics, in which being is not what is assumed, but what is stabilized. We conclude by arguing that this approach provides a unified ontological criterion applicable across domains, without recourse to speculative metaphysics or naive correspondence realism. (shrink)

True to his longstanding bias against grand unifying theories, Hacking chooses to pursue these questions by focusing on a specific case of memory-thinking: the history of multiple personality. His excavation of the contemporary terrain leads him, however, to the surprisingly grand conclusion that the various sciences of memory—including neurological studies of localization, experimental studies of recall, and studies in the psychodynamics of memory—all emerged in connection with attempts to “scientize the soul,” as a result of which spiritual battles have been (...) recast as scientific controversies “where we suppose there is such a thing as knowledge to be had”. (shrink)

The corpus of saints' lives surviving from the medieval period forms an enormous body of material which, as has long been recognized, demands the application of a specialized critical apparatus. Hagiographical vitae must be mastered as a genre, a kind of writing with its own conventions and topoi. But this should not lead to the conclusion that vitae are timeless, that they can be plucked at random from any period of the past and placed indifferently under the lens of informed (...) hagiological scrutiny. Saints' lives are both part of a genre of immense longevity and the products of individual circumstances and environments. The situation which brings this out most clearly is the rewriting of a vita, and it is the purpose of this paper to explore the rewriting of two saints' lives at the end of the twelfth century and to see what the process reveals. (shrink)

Resumen Este artículo aborda dos reescrituras de William Shakespeare en la dramaturgia chilena actual, Shakespeare falsificado: reconstrucción falsificada de un manuscrito censurado de Luis Barrales y La Tempestad de Juan Radrigán. Para ello propone la reescritura como ejercicio metadramático, un gesto consciente, dramático y político, que busca dialogar y discutir con el original, inscribiendo la nueva perspectiva autorial en el continuum de la tradición cultural. Dentro de este enfoque, el trabajo expone, en primer lugar, las características de la dramaturgia renacentista (...) inglesa como una praxis híbrida, colaborativa, refundidora y política. Luego, caracteriza ambas reescrituras como prácticas que muestran la vigencia y continuación de un canon cultural, literario y dramático, por medio de las distintas modulaciones que se imprimen desde estas nuevas voces. Asimismo, las perspectivas de Barrales y Radrigán se exhiben como gestos políticos expresados hacia sus contextos.The following article approaches two rewritings of William Shakespeare’s work within current Chilean playwriting:Shakespeare falsificado: reconstrucción falsificada de un manuscrito censurado, by Luis Barrales andLa Tempestad, by Juan Radrigán. It proposes rewriting as a metadramatic exercise, a conscious gesture -both political and dramatic- that seeks to establish dialogue and discussion with its original, inscribing a new authorial perspective within the cultural tradition continuum. With this approach, this work exposes, first, characteristics from English renaissance dramaturgy as a hybrid praxis, collaborative, refounding and political. Then, it characterises both rewritings as practice that showcase the currency and continuation of a cultural, literary and dramatic canon through different articulations that print themselves in our voices. Likewise, Barrales and Radrigan’s perspectives display themselves as political gestures expressed towards their contexts. (shrink)

This paper argues that in Silvae 3.3, written to console Claudius Etruscus on the death of his beloved father, Statius reverses his own account of the contentious relationship between Tisiphone and Pietas in Thebaid Books 1 and 11 to present his patron's affectionate bond with his father as antithetical to Oedipus’ resentful relationship with his sons. In the Thebaid, Oedipus summons Tisiphone from the Underworld to punish his own children by stirring up civil war, and the Fury promptly obeys, banishing (...) Pietas from earth to prevent her from stopping the conflict. In Silvae 3.3, on the other hand, the poet asks Pietas to come back to earth, and urges the Furies to stay away from the deceased. The return of Pietas, also portrayed in Silvae 5.2, shows that in his collection of occasional poetry Statius rewrites his own epic to restore cosmos: while in the chaotic narrative universe of the Thebaid all fundamental values, including filial devotion, are turned upside down, the Silvae describe a more conventional and reassuring world, founded on virtue rather than vengeance. (shrink)

Arguing in support of Aristotle, Aquinas conceptualised the cognitive functioning of the human as exceeding that of other animals. In its base form, the Thomistic position asserts that the intellective functioning of the human animal is superior to the instinctual operation of the non-human animal. For Aquinas, it is the intellect that determines the enactment of the human will. Thus, if a non-human animal is devoid of intellect, no willing of any action is possible. Consequently, an action of a non-human (...) animal which is humanly perceived as immoral, is in fact morally agnostic because the animal lacks the reasoning capacity to judge the potential action's moral status. Given that Aquinas’ argument centres on the role of reason in determinations of moral status, we seek to determine the status theoria of the Thomistic moral theory in light of contemporary studies into animal cognition. The assertion is made that this particular aspect of Aquinas’ moral theory requires rewriting because reason is evident in animal cognition to a greater extent than Aquinas would have been able to appreciate given his contextual limitations. This presence of reason, we argue, ascribes moral status to some non-human animals, analogous to their human counterparts. However, we will also contend that rather than dismissing Aquinas’ reason-founded ethics, value could be found in retaining a rewritten Thomistic theoretical construction which extends Aquinas’ ethic to include animals apart from the human that are bearers of the faculty of reason. (shrink)

This article responds to Ryan’s and Savulescu’s claim that semaglutide enhances autonomy by reducing problematic desires. Drawing on Frankfurt’s hierarchical model of autonomy, this article argues that pharmacological alignment between first-order and higher-order desires can only be autonomy-enhancing if individuals also endorse the process by which their desires are reshaped. Further, it contends that socially influenced motivations, including those shaped by fatphobic norms, need not undermine autonomy so long as agents critically reflect on and endorse them. By reframing autonomy as (...) a process of reconciling conflicting desires rather than a matter of outcomes, this analysis clarifies the ethical permissibility of pharmacological desire modification interventions. The broader implication is that respect for autonomy requires recognition of authentic authorship in contexts where medical and cultural forces shape desire, an approach that extends beyond weight-loss drugs to parallel debates about plastic surgery, gender-affirming care and addiction treatment. (shrink)

Inoperative Learning draws upon the movement towards a weak philosophy that is currently gaining ground in educational philosophy: this weak philosophy does not offer a set of solutions or guidelines for improving educational outcomes, but rather renders assumptions about the theory-practice coupling that is so popular in contemporary education inoperative. By arguing that such logic reduces education to merely instrumental ends, which can only be assessed in terms of predefined measurement tools, this book presents a challenge to contemporary notions of (...) education as learning. There are various forms of inoperative education that temporarily suspend the goal-directedness of learning. From the perspective of learning, the neutralization of progress, growth, and maturity would usually be seen as obstacles needing to be overcome on the path toward set goals. Yet Lewis argues that a serious investigation of inoperativity opens up possibilities that would be otherwise unavailable in a world fixated on the question of learning. In dialogue with philosophers (Agamben, Benjamin, and Esposito), as well as authors (Kafka and Walser), and qualitative researchers (Lather), Lewis turns our collective attention to what remains when concepts such as learning, child development, teacher effectivity, and personal growth are left idle. Inoperative Learning presents a radical rewriting of educational possibilities. It should therefore be of great interest to educational researchers and educational philosophers concerned with the question of alternative logics of education beyond learning. The book may also be of interest to educational policy specialists who are looking for new and innovative forms of critique and analysis. (shrink)

Depression is a widespread concern in the United States. Neuromodulation treatments are becoming more common but there is emerging concern for racial disparities in neuromodulation treatment utilization. This study focuses on Transcranial Magnetic Stimulation (TMS), a treatment for depression, and the structural and attitudinal barriers that racialized individuals face in accessing it. In January 2023 participants from the Twin Cities, Minnesota engaged in focus groups, coupled with an educational video intervention. Individuals self identified as non-white who had no previous TMS (...) exposure but had tried at least one treatment for their depression. Results revealed that the intervention did not notably change knowledge or stigma about TMS, but attitudes surrounding traveling for treatment changed. Notably, barriers like affordability, frequency of treatment, and lack of knowledge persist. Participants expressed a desire for more information, personal connection, and a tailored educational approach. The study suggests a need for multifaceted strategies to reduce disparities, focusing on education, community-based resources, and policy interventions. Immediate actions that can be taken include the creation of a TMS education program focused on patient engagement and awareness about TMS. (shrink)

Kenneth Silver has recently argued that backwards causation is common in the context of social institutions. I consider this claim in detail and conclude that backwards causation is not the most plausible interpretation of what is going on in the cases Silver considers. Nonetheless, I show that these cases can teach us some interesting lessons about institutional facts. In particular, I argue that in order to avoid contradiction due to conflicting declarations in these cases, we must conclude that the properties (...) involved in institutional facts are relational properties. (shrink)

One of the most prominent justifications for the use of germline gene editing (GGE) is that it would allow parents to have a “genetically related child” while preventing the transmission of genetic disorders. However, we argue that since future uses of GGE may involve large-scale genetic modifications, they may affect the genetic relatedness between parents and offspring in a meaningful way: Due to certain genetic modifications, children may inherit much less than 50% of their DNA from each parent. We show (...) that the reduction in genetic relatedness between parents and offspring has three important social and legal implications. First, the desire for a genetically related child may end up not being the strong justification it is currently thought to be for the use of GGE. Second, prospective parents may be reluctant to use GGE because of a potential loss of genetic relatedness. Third, in some jurisdictions, parents who would not pass on “enough” DNA to their child may not be recognized as the child's legal parents. We further argue that the reduction in genetic relatedness challenges current conceptions of genetic parenthood that rely on the quantity of DNA shared with the child or on whether the child was directly derived from the parent's genes. We suggest that genetic parenthood should instead be determined based on the nature of the genetic modifications and whether the child's numerical identity has been preserved after the editing process. (shrink)

Die vom Antaios Verlag herausgegebene Publikation Lieber Chef … (2016) enthält Transkriptionen der Briefe Armin Mohlers sowie ›Paraphrasen‹ der Briefe Ernst Jüngers. Der Aufsatz analysiert, wie die ›Paraphrasen‹ die im Deutschen Literaturarchiv Marbach aufbewahrten Briefe Jüngers im Sinne der Neuen Rechten politisch umschreiben. Durch diese Praxis des Umschreibens gewinnt eine Tradierung an Kohärenz, der zufolge Ernst Jünger heute politisch auf der Seite der Neuen Rechten stehe. Der Blick in die Originalbriefe Jüngers ist indessen aufschlussreich, weil er nicht nur zeigen kann, (...) welcher Aneignungstechniken diese Erzählung bedarf, sondern auch, wo – und wie – Jünger tatsächlich an neurechte Diskurse anschließt. (shrink)

Tejera examines how Platonism--a philosophy imported from outside Plato's dialogues--changed our understanding of the dialogues.

Rewriting Buddhism: Pali Literature and Monastic Reform in Sri Lanka, 1157-1270, by Alastair Gornall. UCL Press, 2020. XIII-269pp. Hb £40, ISBN 9781787355156.

Contemporary debate suggests that the new genetics may be changing ideas about the body and what it is to be human. Specifically, there are notions that the new genetics seems to erode the ideas that underpin modernity, such as the figure of the integrated, discrete, conscious individual body-self. Holding these ideas against the practices of genetic medicine, however, this article suggests a quite different picture; one that does not erase, but helps to keep in play, some crucial tenets of humanism. (...) The article examines how the genetic clinic constructs clinical pictures as new forms of portraiture: assemblages in which multiple and heterogeneous images of bodies and their parts are juxtaposed. Rather than these portraits just making the distributed and hybrid nature of personhood explicit, shifts in ground mean that what is being portrayed is the possibility of a ‘syndrome–genotype’ relation. At first sight this appears as a straightforward geneticization of the body and the unravelling of the figure of the individual. But the article illustrates how, at the same time as the portraits of syndrome–genotypes are made up of many heterogeneous parts, the clinic still keeps in play an idea of persons that remains, unlike their bodies, much more than the sum of their parts. All the parts that make up the body of the person can still, at moments, be transcended, to refigure the human: the complex individual of humanist thought. (shrink)

This article seeks to answer the following questions: is Quentin Skinner right to claim that actions in the past should not be described by means of concepts not available at the time those actions occurred? And is Ian Hacking right to claim that such descriptions do not merely describe but actually change the past? The author begins by arguing that it is not clear precisely what Skinner is claiming and shows how, under the pressure of criticism, his methodological strictures collapse (...) into trivialities. The author then argues that, although Hacking has given us no reason to accept his claim, we can make sense of it by appealing to the idea of a "Cambridge change." The author concludes by suggesting that as long as we are exercising the right kind of concepts, a suitably modified version of Hacking 's conclusion can be retained. Key Words: action • history • changes in the past • Quentin Skinner • Ian Hacking. (shrink)

A transdisciplinary reader on Luce Irigaray's reading and re-writing of Ancient Greek texts.

_A transdisciplinary reader on Luce Irigaray's reading and re-writing of Ancient Greek texts._.

The traditional way of drawing the a priori/a posteriori distinction, bequeathed to us by Kant, leads to overestimating the role that experience plays in justifying ourbeliefs. There is an irony in this: though Kant was in the rationalist camp, his way of drawing the distinction gives an unfair advantage to radical empiricism. I offer an alternative way of drawing the distinction, one that does not bias the rationalist/empiricist debate.

This article reads Maurice Merleau-Ponty's ontology of the “flesh of the world” alongside the ontology that seems to undergird Frantz Fanon's sociodiagnostics as well as his theory of sociogeny. It argues that reading Fanonian sociogeny in terms of the ambiguity and intercorporeality of the flesh of the world renders the ethical and political imperatives of Fanon's decolonial project all the more pressing, since the “new human” is prefigured—if not totally determined—in the national consciousness obtained by “les damnés” through the decolonization (...) process. It then examines how Sylvia Wynter's Fanonian call to (re)fashion the future of humanness through (re)conceptualizing “being human as praxis,” also seems to rely on this ontology of the flesh of the world. Bringing these arguments together, the article suggests that the conceptual content of the new human can be found in the liberation struggles of les damnés across what Wynter calls the “poverty archipelagos” wrought by colonial humanism. Hence, the “new skin” for which Fanon calls is fashioned through forming international solidarity with les damnés, with the conceptual content of the new humanism emerging sociogenically—and autopoetically—from those struggles themselves. (shrink)

In Schelling’s Lectures on the Philosophy of Art, he outlines an aesthetic theory of the novel and how it communicates truth, based around his Identitätssystem. In doing so, he understands truth as symbolic, where the symbolic is tautegorical. In his later lectures on mythology he instantiates a new understanding of ontology and mythology as tautegorical, and makes gestures towards how to understand aesthetic forms based on these new accounts. This paper explores how that new aesthetic understanding of truth, ontology, and (...) aesthetics can be used to create a new Schellingian theory of the novel. To explore this, the paper looks at the worldview presented in Thomas Mann’s Doktor Faustus, arguing that it could be seen as the late Schellingian novel and as such, present a new paradigm for understanding truth as communicated through literature. (shrink)

The rules governing recovery for negligently inflicted psychiatric injury are among the most criticized of all of tort law. However, one area which, to date, has escaped with a minimum of judicial or academic scrutiny concerns the very threshold requirement for these actions: proof of a ‘recognized psychiatric illness’. This article critiques that longstanding requirement of English law from two perspectives. First, it is argued that the international classifications of psychiatric disorders (ICD-10 and DSM-IV) are being misapplied and misconstrued in (...) the English medico-legal context and that the role (and limitations) of these classifications are worthy of far greater judicial examination and critical scrutiny than has typically been the case to date. Secondly, it is contended that the insistence upon a recognized psychiatric illness, as a threshold requirement, is giving rise to inconsistencies and distortions in the law and that the requirement is neither legally nor medically supportable in the modern era. Instead, it is argued that the stage has been reached whereby something lesser than a recognized psychiatric illness should be sufficient to trigger a compensable injury in law. The article concludes by suggesting various legal avenues by which to feasibly and robustly ‘ring-fence’ the number of potential claims in negligence, should the reform-oriented approach of this article be adopted. (shrink)

The article suggests a reading of the 1st edition of H. L. A. Hart, The Concept of Law (1961) which involves bringing to the fore the elements of moral prescription which accompany the descriptive/explanatory intent which Hart himself explicitly espouses. Thus, the functionalist account of the emergence of secondary rules in complex societies draws on the importance of social benefits, relating to justice and efficiency, benefits which Hart endorses. Consideration is then given to how the posthumous Postscript in the 2nd (...) edition of The Concept of Law (1994) might be rewritten to take into account responses to Dworkin other than those adopted by Hart in the Postscript. The alternative of a tentative form of prescriptive ‘hard’ legal positivism would better preserve the prescriptive ingredients evident in the 1st edition and assist in the regeneration of contemporary analytic legal philosophy within the Hartian traditionResumen:Este artículo propone una lectura de la primera edición de El concepto de derecho (1961), de H. L. A. Hart, en la cual se recuperan los elementos de prescripción moral que acompañan a la tesis descriptiva/explicativa que Hart explícitamente defendió. De tal modo, la tesis funcionalista del surgimiento de normas secundarias en sociedades complejas depende de la importancia de los beneficios sociales, relacionados con la justicia y la eficiencia, los cuales Hart suscribe. Después se llama la atención sobre la forma en que el Post Scriptum a la segunda edición de El concepto de derecho (1994), publicado póstumamente, podría ser reescrito para tomar en cuenta respuestas a Dworkin distintas a las que ofreció el propio Hart en su Post Scriptum. La alternativa de una forma tentativa de un positivismo jurídico prescriptivo “duro” conservaría de mucho mejor manera los ingredientes prescriptivos que son tan evidentes en la 1a edición, y contribuiría a la regeneración de una filosofía del derecho analítica contemporánea dentro de la tradición hartiana. (shrink)

The formation and recall of memories are fundamental aspects of life and help preserve the complex collection of experiences that provide us with a sense of identity and autonomy. Scientists have recently started to investigate pharmacological agents that inhibit or “dampen” the strength of memory formation and recall. The development of these memory-dampening agents has been investigated for the treatment of posttraumatic stress disorder (PTSD). Currently, these agents are being tested in multicenter clinical trials and will likely soon be approved (...) for the treatment of PTSD. With advancements in technology, more targeted memory-dampening techniques may be developed in the future. Accessibility to these agents will inevitably affect one's sense of identity and also one's sense of autonomy. Therefore, it is essential that the legal and ethical implications of using these agents be examined for governments and courts to appropriately address issues that may emerge. (shrink)

First Published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.