Conscious but incapacitated patients need protection from both undertreatment and overtreatment, for they are exceptionally vulnerable, and dependent on others to act in their interests. In the United States, the law prioritizes autonomy over best interests in decision making. Yet U.S. courts, using both substituted judgment and best interests decision making standards, frequently prohibit the withdrawal of life-sustaining treatment from conscious but incapacitated patients, such as those in the minimally conscious state, even when ostensibly seeking to determine what patients would have wanted. In the United Kingdom, under the Mental Capacity Act of 2005, courts decide on the best interests of incapacitated patients by, in part, taking into account the past wishes and values of the patient. This paper examines and compares those ethicolegal approaches to decision making on behalf of conscious but incapacitated patients. We argue for a limited interpretation of best interests such that the standard is properly used only when the preferences of a conscious, but incapacitated patient are unknown and unknowable. When patient preferences and values are known or can be reasonably inferred, using a holistic, all-things-considered substituted judgment standard respects patient autonomy.

This article investigates whether environmental planning law can demonstrate ethical responsibility for its role in settler colonialism. Planning law contributes to settler colonialism by diminishing, excluding, and eliminating alternative views of land that are fundamental to First Nations culture, philosophy, and law/lore. The article adopts a transnational legal frame that recognizes and promotes First Nations as sovereign. The investigation is focused primarily on the planning law system in New South Wales (NSW), Australia, while being guided by interpretations and applications of the rights of First Nations peoples by courts in Canada. It is argued that state planning law in NSW fails to give effect to ethical responsibility because its operation continues to dominate and marginalize Aboriginal legal culture by eroding the necessary ontological and epistemic relationships with land. However, there is potential for change. Opportunities to disrupt settler colonialism have emerged through bottom-up litigation, which has promoted interpretations, applications, and implementation of law that can be performed in ways that resonate with Canadian case law. While the absence of treaty or constitution-based rights protection in NSW and Australia means that the transplant is not seamless, the article argues that laws should not be interpreted and applied in ways that perpetuate settler colonialism where alternative interpretations can lead to a different outcome.

Which implications follow for the value of freedom on a hybrid account of wellbeing that appeals to endorsement? On the basis of Olsaretti’s empirical claim that one is unlikely to endorse wellbeing when one is forced to achieve it, I show that standardly on the hybrid account there is a reason to protect people’s freedom to dysfunction, and hence that the freedoms to dysfunction are valuable. I also discuss whether freedom is non-specifically valuable on grounds of endorsement. I advance an epistemic version of freedom’s non-specific value that is especially relevant for a theory of justice that appeals to publicity.

This paper examines the development of the University of Ghana’s Institute of African Studies (IAS), arguing that the landscape of decolonial epistemology is more complex than is often assumed. Drawing on new archival documents it maps out the different landscape of ideas regarding its decolonial origins — phase one (1948–50), phase two (1954–61), and phase three (1960–63) — not only to elucidate problems of defining what decolonial work should entail but also as a historical study of how people associated with the IAS contributed to defining and activating a decolonial project. It shows Nkrumah’s specific instrumentality to its emergence through an African-centred or “Afroepistemic” approach to African Studies. It also highlights how the decolonial imperative was shaped by different historical moments.

This paper investigates Korean nominal coordination, a distant conjunct of which is semantically incompatible with the subcategorizing verb in a sentence. This type of nominal coordination is supported by both corpus-based and experimental data. Such coordinations pose a challenge to previous approaches to coordination in the literature. Specifically, any theory directly linking the subcategorizing verb to such a distant conjunct encounters the issue of semantic incompatibility. To address this issue, based on Lee (2020), I propose associating the distant conjunct with a direct hypernym of the verb. While the primary focus is on conjunctive nominal coordinations, the hypothesis also extends to disjunctive nominal coordinations. This semantic taxonomy-based account is then formally implemented in Head-driven Phrase Structure Grammar (Pollard & Sag 1994; Sag et al. 2003), adapting the generalized conjunction from Partee & Rooth (1983). Furthermore, I argue that this analysis can serve as a basis for explaining other related constructions in Korean.

We explore the surprising lexical be construction in English (e.g. Why don’t you be quiet?). After an overview of previous discussions, an investigation of the use of lexical be in the COCA and SOAP corpora is provided. It is shown that its distribution is highly skewed and that it is completely felicitous only under a very limited set of conditions. An account of lexical be is then provided showing that the conditions that license it are inherited from more general constructions, most importantly the negative imperative construction and the ‘Why don’t you’ construction. In this light, it is suggested that the lexical be construction, with its special properties, provides strong evidence for a constructional approach to linguistic competence along the lines of Goldberg (1995), Culicover and Jackendoff (2005), Sag (2012).

Financial redress for victims of occupational diseases can be offered through no-fault compensation schemes. No-fault compensation schemes have an explicit mission in promoting perceived fairness and justice. The objective is to offer a quick, fair and just procedure and outcome, while preventing civil court procedures and restoring trust. However, the question is whether applicants of these no-fault schemes indeed experience perceived fairness and justice. This paper discusses the result of an in-depth interview study with fifty-eight victims involved in no-fault schemes for occupational diseases in the Netherlands. We focus on the role of perceived procedural justice, outcome concerns and trust in the (former) employer.

Franz Liszt's symphonic poem Mazeppa (1854) recreates a narrative that portrays Cossack commander Ivan Mazeppa's torturous Ride – bound naked to an unbroken horse – to miraculous survival and triumph. To evoke this legend, Liszt incorporated familiar musical tropes: persistent galloping triplets, fanfares, apotheosis and a march-like finale. These tropes illustrate a consistent story, but they risk sounding merely clichéd and mimetic. To appreciate how Liszt uses these tropes to create depth and compositional creativity in Mazeppa requires consideration of the myth's intertextuality. This article considers the broader sources that informed Liszt's Mazeppa and offers an interpretation that includes the programme's preface and an array of Mazeppa ‘texts’ that have appeared since the mid-eighteenth century. These texts include a quasi-historical narrative, poetry and visual art along with Liszt's original commentary for Mazeppa and his defence of programme music in his Berlioz and His ‘Harold’ Symphony essay. Taking all of this together, my approach in this article is to analyse Mazeppa as if listening for the protagonist and letting the character of his musical subject inform my interpretation. Hearing the musical subject in this work requires attention to voice, expressivity, motives, gestures, themes and extramusical intertexts to construct, layer by layer, an interpretation of Mazeppa's symbolic significance. I argue that connecting these threads of cultural history illuminates the piece's theme of suffering and death as inescapable companions in the life of the creative genius.

The nineteenth century was an era of rapid urban growth, increasing temporal awareness, and a rising demand for precision. Time measurement and display became particularly important in this context, not just for scientific or military purposes, but also for administrations, businesses and for the general public. There was, however, one significant problem: making all the public clocks show the same and correct time, which led to the development of urban temporal infrastructures as symbols of urban modernity and a source of civic pride. This article presents an account of the origins of two temporal infrastructures in Paris, focusing particularly on the electrical network devised by the scientists of the Paris Observatory.

The securitization of Russian-speakers has been central to nation-building in Estonia and Latvia since they regained their independence in 1991. Securitization at the levels of discourse and policy varies over time as a result of historical legacies, Russia’s kin state activism, and the minority protection requirements of European institutions. This article introduces a typology that links discursive frames with policies to map securitizing trends in Estonia and Latvia after the Soviet collapse: securitizing exclusion — less accommodating policies are justified by presenting the minority as a threat to the state or core nation; securitizing inclusion — more accommodating policies are justified to “win over” the minority in order to decrease the threat; and desecuritizing inclusion — more accommodating policies are justified on grounds of fairness or appropriateness without reference to security. The utility of the typology is demonstrated by analyzing frames in the public broadcast media and recent policy developments in Estonia and Latvia immediately following Russia’s invasion of Ukraine in 2022. The analysis points to increasing convergence across countries in favor of securitizing exclusion. The analysis points to increasing convergence across countries in favor of securitizing exclusion. We conclude by evaluating these trends in light of minority mobilization and recent data on support for the active defense of the state among Russian-speakers and titulars.

In the 1920s, Eastern European Jewish immigrants settled in Antwerp and became economically active in the diamond industry. While historians have focused on the role of Jewish commerce and the development of the diamond industry in Antwerp, the role of Jewish labour has been paid only scant attention. The current article focuses on the specific economic position of Eastern European Jewish immigrant diamond workers in Antwerp. It sheds light on the social and working conditions under which Jewish immigrants laboured. The reaction of Belgian diamond workers and their union towards the arrival of Jewish immigrants in the industry is also discussed. Special interest is accorded to the attempts of Jewish political parties and the Diamantbewerkersbond van België (ADB, General Diamond Workers Union of Belgium) to unionize the new arrivals. In this way, the article aims to contribute to a better understanding of the dynamics between immigrant labour, union organization, and (imported) political ideologies in the attempts to integrate foreign workers within the industry.

In September 2023, the trial at Stockholm District Court against Orrön Energy (previously Lundin Energy) and two corporate directors for complicity in war crimes in Sudan between 1999 and 2003, started. The Lundin case is part of a trend of attempts to hold corporations criminally accountable for their alleged involvement in serious human rights abuses and provides a unique opportunity to assess the possibilities of such attempts in relation to the rights of the victims. This article analyzes how human rights obligations and the objectives of reparations for victims are satisfied by Swedish law and practice in the Lundin trial. It shows that while the law allows victims participating in trial to put forward civil claims, it denies this right to the large number of victims not participating, and the decision early in the Lundin proceedings to separate damage claims from the criminal trial has left the participating victims effectively denied reparations.

Why could politicians of religious minority backgrounds become national leaders in some countries soon after modern representative institutions were adopted, whereas in some other countries, almost all the national leaders have been from the religious majority background for decades if not centuries? I argue that the most important factor explaining the incidence of national leaders of a religious minority background or lack thereof is whether the main adversary in the constitutive conflict that established the nation-state was of the same religious sectarian background or not. Nations established in a constitutive conflict against an adversary of the same religion are much more likely to have national leaders of a religious minority background. Furthermore, political leaders of religious minority backgrounds have three “secular” paths out of their marginality, which is also determined by the combination and nature of the primary external and internal conflict of the nation. I examine these paths through the cases of Britain (liberalism), France (socialism), and Hungary and Italy (nationalism). Finally, I examine a world-historical example of pattern change, the rise of Catholic-origin national leaders in previously Protestant-led Germany, which was due to a new constitutive conflict (World War II and the Holocaust) that altered the national-religious configuration.

Lara Buchak defends a Weight-Ranked Utilitarianism (WRU) that she says avoids the critique of Rawls’s that is sometimes thought fatal: utilitarianism unjustifiably blurs the distinction between persons. Buchak’s defence depends upon (i) a version of Harsanyi’s assumption that parties to a social contract should reason as if they have an equal chance of being anyone and (ii) a hypothesis she explores in a recent article. I argue that her assumption and hypothesis are untenable. WRU fails of the generality to which Buchak aspires because it fails for one of her most important cases: the distributive question posed by Rawls.

Historical research on efforts to reduce the stigma associated with venereal disease (VD) generally dates these campaigns back to the 1930s. Within the United States, one of the earliest attempts to detach VD from its traditional association with sexual immorality occurred during the late nineteenth- and early twentieth-century, when the New York City dermatologist Lucius Bulkley coined the term syphilis insontium (‘syphilis of the innocent’) in the hopes of demonstrating that many of those who contracted this disease did so through non-sexual contact. Gaining widespread acceptance within the medical community, Bulkley’s ideas served as the intellectual foundation for a discursive assault on the prevailing belief that syphilis constituted the ‘wages of sin’—one designed to destigmatise the disease and to promote more scientific responses to it. However, the effects of this anti-stigma rhetoric were often counterproductive. Encouraging doctors to discern ‘innocence’ or ‘guilt’ through assessments of a patient’s character, syphilis insontium often amplified the disease’s association with immorality. With the passage of time, physicians became increasingly aware of these problems, and in the 1910s, a backlash against Bulkley’s ideas emerged within the American medical community. Yet even with the resultant demise of his destigmatisation campaign, discourses of ‘innocent syphilis’ continued to circulate, casting a long shadow over subsequent stigma reduction efforts.