How does the understanding of law among individuals involved in the crypto phenomenon originate, and how does it impact the trajectory of this innovation? This article examines the legal consciousness of crypto industry participants and state actors, exploring their ideologies on law, property and innovation through extensive document and archival research. It highlights the interplay between the crypto industry’s perception of crypto-assets’ possessing dynamic and self-regulating qualities beyond traditional legal boundaries and the increasing willingness of state actors, despite their reservations, to utilise law as a flexible tool to embrace innovation and promote economic competitiveness. By employing Minsky’s financial instability hypothesis, this article contextualises such legal consciousness within the financial system and contends that collective legal consciousness and associated behavioural dynamics substantially shape state–industry interactions, with the potential to destabilise the financial system. This article sheds light on the challenges presented by crypto-assets and the intricate interplay between law and technological advancements.

Whether anorexic patients should be able to refuse treatment when this refusal potentially has a fatal outcome is a vexed topic. A recent proposal for a new category of “terminal anorexia” suggests criteria when a move to palliative care or even physician-assisted suicide might be justified. The author argues that this proposed diagnosis presents a false sense of certainty of the illness trajectory by conceptualizing anorexia in analogy with physical disorders and stressing the effects of starvation. Furthermore, this conceptualization is in conflict with the claim that individuals who meet the diagnostic criteria for terminal anorexia have decision-making capacity. It should therefore be rejected.

Slum clearances expose hostility between municipal authorities and residents fighting to claim urban space. In colonial contexts, these processes created conflicts between rulers and the ruled. Focusing on the ‘semi-colonial’ Shanghai International Settlement, this article examines interactions between the Shanghai Municipal Police (SMP) and slum-dwellers amid an evolving crisis of urban governance in the 1930s. This case-study, grounded in Shanghai’s complex socio-political climate, reveals how ordinary Chinese residents negotiated with the authorities and points to the frailties of semi-colonial governance, showing how the SMP deployed coercion only when it was unavoidable in slum clearances.

This article explores how the risk structure currently adopted by the sharing economy, in particular the highly formalised and contrived systems of contract constructed by platforms, is largely constituted by the rules of property law. This effectively ties sharing activities to the old model of private property and its accompanying boundaries of privatised risk and value and undermines the efforts of collaboration to supersede those boundaries through peer-to-peer co-production of value. This article aims towards presenting an alternative model of risk distribution for the sharing economy that is more reflective of its collaborative nature. To this end, I will draw on ideas from commons and mutualism and propose the possibility of creative use of contracts to stipulate positive duties and obligations between collaborative partners as a device to construct a collective and/or mutual risk system.

Using data from the understudied language Gιsιɖa Anii, we provide a formal analysis of irrealis that builds on the framework of modality proposed in Giannakidou and Mari. In particular, we propose that Anii has an irrealis modal morpheme whose meaning is that the speaker does not believe that the proposition is true at a particular time. This gives irrealis, at least in Anii, a negatively biased meaning. Giannakidou and Mari propose that the subjunctive in European languages is a positively biased modal but find no evidence in their data for a corresponding negatively biased one. However, in expanding their approach to a completely unrelated language, we show that modal bias can also be negative, filling in the paradigmatic gap left open by Giannakidou and Mari’s work. We also illustrate the utility of analyzing irrealis (in relation to the concept of veridicality) as a morphosyntactic and semantic category with a status similar to tense and aspect. Our formal analysis accounts for the obligatory realization of irrealis in a wide range of semantic contexts in Anii, including future tense, negation, and wishes, and shows how irrealis can be composed with other clausal elements. We suggest that reality status, which we analyze as (non)-veridicality, is obligatorily present in the Anii clause and discuss the implications of this for other languages.

The twentieth-century processes of legal modernization rendered transformations to the concept of authority and its public perception. This article builds on the complex Weberian articulations of these transformations to analyze a contemporary contentious debate concerning the establishment of a Rabbinical Court of Appeals, in Mandatory Palestine, between 1918 and 1921. This initiative, imposed by the British government and supported by non-religious Jewish leaders, raised a heated controversy between two rabbinical figures—Haim Hirschnson of Hoboken, New Jersey, and Ben-Zion Uziel of Jaffa. Based on a close reading of their texts, juxtaposing them to Weberian conceptualizations of modern authority, and contextualizing them in particular historical circumstances, I argue that both rabbis comprehended the appellate mechanism as transforming the concept of rabbinical authority. By instituting appellate courts, authority shifts from its “charismatic” or “traditional” form to a “legal” institutional-based form. They harshly disagreed, however, if this transformation is a positive development in the modernization of Jewish law, or, on the contrary, will have a detrimental impact on the public's trust in the judiciary. The rabbinical articulations of these Weberian themes, as I suggest to interpret their texts, shed light on the application of the Weberian theory of bureaucracy to the judicial system and legal profession and also provide illuminating insights into the analysis of current church-law relationships, in Israeli law and elsewhere.

Following Max Weber’s emphasis on a fundamental change in ethical values behind the modern capitalistic economy, this paper offers an ideational explanation for China’s economic modernization since 1978. It argues that China’s economic reform, which first and foremost changed the official rhetoric about profit-making, endowed the economic preoccupations of ordinary people with a special dignity. Since then, the Chinese masses have been allowed to proudly connect their personal prosperity with China’s national wealth and international status. This dignifying connection, in turn, led them to invest in sustaining the growth of their personal prosperity and national wealth. In other words, it converted the Chinese masses to economic nationalism that prioritized economic development as the chief means for the achievement of China’s glory. The conversion of the Chinese masses to economic nationalism marked the Chinese society’s reorientation to “the spirit of capitalism,” hence China’s economic modernization.

The sharing economy is anchored to two opposite logics: sharing and market exchange. This results in tensions between a pro-social orientation and communal norms on the one hand (i.e. solidarity, mutuality, generalized reciprocity and communal belonging) and a for-profit orientation and market norms on the other hand (i.e. profit maximization, self-interest and utilitarian motives). This article aims to distinguish among the different practices and phenomena related to the sharing economy, focusing on the tensions emanating from renting private possessions through collaborative consumption platforms.

Major depressive disorder is one of the most common serious illnesses worldwide; the disease is also among those with the lowest rates of treatment. Barriers to access to care, both practical and psychological, contribute significantly to these low treatment rates. Among such barriers are regulations in many nations that require a physician’s prescription for most pharmacological treatments including selective serotonin reuptake inhibitors (SSRIs). These rules are designed to protect patients. However, such regulations involve a tradeoff between the welfare of “visible” victims, who might suffer negative consequences from a lack of regulation, and the well-being of invisible “victims,” who likely experience negative consequences that result from increased barriers to care. This article explores these tradeoffs and argues in favor of shifting SSRIs from prescription-only to over-the-counter status.

The Well-being of Future Generations (Wales) Act 2015 is a landmark piece of sustainable development legislation and marks a significant development in the emerging legal identity of Wales. Despite the Act's significance and ambition, it has been criticized as merely ‘aspirational’ – as ‘non-law-bearing’ and unenforceable by legal means. The Act is not without difficulties. However, it also has notable legal and other qualities that are often not captured within the standard justiciability-enforceability frame of analysis. Our aim here is to broaden the context for examining the Act and other ‘aspirational’ legislation like it. To that end, we identify three sets of questions that help to bring out different ideas around the Act's varied enforceability, its possible constitutional status, and its potential role as a bearer of hope.