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McCabe and Turner raise a number of perceptive points concerning my treatment of John Stuart Mill's political economy of progress and its relation to socialism. In giving context to their points this article first tries to clarify Mill's understanding of socialism as anchored in his positive classical economics. Mill the utilitarian philosopher endorses socialism, but he anticipates its arrival based on his materialist understanding of history. In this materialist context, the article argues that Mill expects the economy of worker cooperatives to advance from one focused on relational equality to one focused on luck egalitarianism. This shift is again supported by Mill's own utilitarian principles, but it is ultimately the product of what he anticipates will be the political economy of the cooperative mode of production.
Through a close reading of Konrad Zweigert's 1961 essay and related writings, the paper discusses his use of the term ‘style’ in the classification of legal families, making three arguments. First, Zweigert's use of style is methodologically naive. He uses style as a cluster concept, grouping an eclectic mix of features characteristic for the history, language, techniques, doctrines and values of national laws. His explicit sources seem to have provided associative and superficial inspiration rather than a theoretical basis for this terminological move. Second, Zweigert's methodology could have been improved by using more rigorous style concepts – and he seems to have been aware of the necessary theoretical resources. Third, such a commitment to a humanistic and cultural approach to comparative law is not easily reconciled with the blunt functionalism of Zweigert's programmatic methodological statements. His style doctrine is only compatible with a weak version of functionalism as a ‘methodological metaphor’: the version he actually espoused.
In this paper, the author argues that Joseph Fins’ mosaic decisionmaking model for brain-injured patients is untenable. He supports this claim by identifying three problems with mosaic decisionmaking. First, that it is unclear whether a mosaic is a conceptually adequate metaphor for a decisionmaking process that is intended to promote patient autonomy. Second, that the proposed legal framework for mosaic decisionmaking is inappropriate. Third, that it is unclear how we ought to select patients for participation in mosaic decisionmaking.
For individuals whose mental illness impair their ability to accept appropriate care—the depressed, acutely suicidal mother, or the psychotic lawyer too paranoid to eat any food—statutes exist to permit involuntary hospitalization, a temporary override of paternalistic benefice over personal autonomy. This exception to the primacy of personal autonomy at the core of bioethics has the aim of restoring the mental health of the temporarily incapacitated individual, and with it, their autonomy.
This paper discusses the promises and limits of a Peircean semiotic approach to the concept of style in law. It does so in two steps: first (1) by identifying the place of style within the structure of law as a system of signs, then (2) by conceptualising the link between law and style in the thought of C.S. Peirce and highlighting some of the insights from a Peircean take on legal semiotics that may contribute to our understanding of the role of style in making meaning in law. It is argued that, for a Peircean analysis of law, three levels can be distinguished, from the ‘surface structure’ down to the ‘deep structure’. It is at the middle level (that of the ‘basic structure’) that a semiotic approach can yield coherent insights in terms of style, by examining the symbols and metaphors that make for the expressibility of ‘habits’, namely experience-based patterns of action and interpretation.
The microbiome is proving to be increasingly important for human brain functioning. A series of recent studies have shown that the microbiome influences the central nervous system in various ways, and consequently acts on the psychological well-being of the individual by mediating, among others, the reactions of stress and anxiety. From a specifically neuroethical point of view, according to some scholars, the particular composition of the microbiome—qua microbial community—can have consequences on the traditional idea of human individuality. Another neuroethical aspect concerns the reception of this new knowledge in relation to clinical applications. In fact, attention to the balance of the microbiome—which includes eating behavior, the use of psychobiotics and, in the treatment of certain diseases, the use of fecal microbiota transplantation—may be limited or even prevented by a biased negative attitude. This attitude derives from a prejudice related to everything that has to do with the organic processing of food and, in general, with the human stomach and intestine: the latter have traditionally been regarded as low, dirty, contaminated and opposed to what belongs to the mind and the brain. This biased attitude can lead one to fail to adequately consider the new anthropological conceptions related to the microbiome, resulting in a state of health, both physical and psychological, inferior to what one might have by paying the right attention to the knowledge available today. Shifting from the ubiquitous high-low metaphor (which is synonymous with superior-inferior) to an inside-outside metaphor can thus be a neuroethical strategy to achieve a new and unbiased reception of the discoveries related to the microbiome.
Disturbing cases continue to be published of patients declared brain dead who later were found to have a few intact brain functions. We address the reasons for the mismatch between the whole-brain criterion and brain death tests, and suggest solutions. Many of the cases result from diagnostic errors in brain death determination. Others probably result from a tiny amount of residual blood flow to the brain despite intracranial circulatory arrest. Strategies to lessen the mismatch include improving brain death determination training for physicians, mandating a test showing complete intracranial circulatory arrest, or revising the whole-brain criterion.
Long-term patient outcomes after severe brain injury are highly variable, and reliable prognostic indicators are urgently needed to guide treatment decisions. Functional neuroimaging is a highly sensitive method of uncovering covert cognition and awareness in patients with prolonged disorders of consciousness, and there has been increased interest in using it as a research tool in acutely brain injured patients. When covert awareness is detected in a research context, this may impact surrogate decisionmaking—including decisions about life-sustaining treatment—even though the prognostic value of covert consciousness is currently unknown. This paper provides guidance to clinicians and families in incorporating individual research results of unknown prognostic value into surrogate decisionmaking, focusing on three potential issues: (1) Surrogate decisionmakers may misinterpret results; (2) Results may create false hope about the prospects of recovery; (3) There may be disagreement about the meaningfulness or relevance of results, and appropriateness of continued care.
Since the advent of recombinant DNA technology, expectations (and trepidations) about the potential for altering genes and controlling our biology at the fundamental level have been sky high. These expectations have gone largely unfulfilled. But though the dream (or nightmare) of being able to control our biology is still far off, gene editing research has made enormous strides toward potential clinical use. This paper argues that when it comes to determining permissible uses of gene editing in one important medical context—germline intervention in reproductive medicine—issues about enhancement and eugenics are, for the foreseeable future, a red herring. Current translational goals for gene editing research involve a different kind of editing than would be required to achieve manipulation of complex traits such as intelligence, and there are more pressing (and unresolved) questions that need attention if clinical use of gene editing in reproductive medicine ever becomes a possibility.
Most studies of the antibureaucratic revolution have focused on political elites and activists in Serbia, Montenegro, and the autonomous provinces of Vojvodina and Kosovo. Recent scholarship has focused on individual participants, often workers, and takes their agency seriously. Building upon such research, this article explores the antibureaucratic revolution as a particular manifestation of a larger sociocultural process, constitutive of long-term structural changes across the whole of Yugoslavia. An analysis of workplace documents and local newspapers in northwest Croatia demonstrates that antibureaucratic sentiment was not the prerogative of Serbian and Montenegrins but of Yugoslav citizens more generally. Yugoslavs were conditioned by the party-state to be critical of bureaucracy. Workers began to admonish the expansion of administrative positions, which they blamed for their falling living standards. Despite decentralizing and autarkic tendencies in political and economic life in late socialist Yugoslavia, working class discontents (and representations of it) remained remarkably similar across republican boundaries. In Rijeka and its environs, a shift does not occur until in mid-1988. Condemnations of nationalism become more urgent and a skepticism toward the mass protests occurring in Serbia is palpable from this point onward.
Popular protest, which repeatedly occurred in Communist regimes, turned into massive mobilizational waves in the late Communist period. Why did some protests result in state cooptation and particularist nationalism (Yugoslavia and the Soviet Union), and others in state-society polarization (Poland) and protest containment (China), when these states shared important historical, political, and institutional legacies? Political regimes with origins in indigenous popularly-based revolutionary movements are more resilient to popular protests and other major crises than other authoritarian regimes. Protracted ideological armed struggle largely overlaps with broader patriotic causes, such as liberation wars or struggles against foreign intervention. The revolutionary regimes thus acquire patriotic credentials, while boundaries between partisan and patriotic identities become blurred, which strengthens their elite unity and popular base. Popular protests thus facilitate a complex political game of old and new actors that may result in regime survival or transformation. In other regimes, popular unrest tends to produce state-society polarization and, ultimately, regime delegitimation and breakdown. Popular contention in complex multinational institutional settings, if there is no major external threat, highlights old and triggers new conflicts along these structural and institutional divides and, where dual political identities prevail, facilitates identity shifts in particularist direction.