European health systems reforms: looking backward to see forward?

In this article we outline the different schools of new institutionalism and a few other selected political science theories. Moreover, we relate the insights offered by a series of analyses of health sector change in a large number of European countries over the past twenty to thirty years to these theoretical frameworks. Our main conclusion is that it is unlikely that a single explanatory theory will ever be able to account for all of the health sector developments in any one country, let alone across many countries with diverse cultures, histories, institutions, and interest groups. Consequently, a real understanding of health sector change will require a recognition that different theoretical approaches will be more (or less) appropriate in some circumstances than in others.     

“Sealfie”, “Phoque you” and “Animism”: The Canadian Inuit Answer to the United-States Anti-sealing Activism

A corpus made by online Canadian newspaper articles, coming from the archives of CBC News, Vice Canada and Huffington Post Canada, and related multimedia contents such us audio interviews, videos and especially links to images and comments shared on Twitter, allows us to reconstruct the debate on the seal hunt that involved Canadian media in 2014. In specific, we propose an interpretation of the pro-sealing discourse by Canadian Inuit and Newfoundlanders as an ironic and incisive answer to the serious United States animal rights activists discourse, explaining how these two different points of view on animals come from a different experience of the environment and a different conception of nature. The image of the seal became the friction point between Western naturalism against Inuit animism: a multinaturalist (Descola in Beyond nature and culture, The University of Chicago Press, Chicago, 2013) clash in the North America post-colonial situation. A clash solved by people as Tanya Tagaq and other Inuit artists that belong to these two different semiospheres (Lotman in Universe of the mind. A semiotic theory of culture. Indiana University Press, Bloomington 1990) and thanks to their border placement can allow a dialog between Inuit and North American cultures traducing aesthetic forms, values and meanings. To study the structures of meaning at the base of this clash and iconoclash (Latour, in Weibel, Latour (eds) Iconoclash. Beyond the image-wars in science, religion and art, pp 14–37, ZKM and MIT Press, Boston, 2002) on the artic seal between opposite cultures, it has been necessary to use the socio-semiotic approach (Greimas and Courtés in Semiotics and language: an analytical dictionary, Indiana University Press, Bloomington, 1982, Marrone in Corpi sociali. Processi comunicativi e semiotica del testo, Einaudi, Torino, 2001) with the help of semiotics of culture tools (Lotman in Universe of the mind. A semiotic theory of culture. Indiana University Press, Bloomington, 1990, Culture and explosion. Mouton de Gruyter, Berlin, 2009].     

“Legitimacy” of international law: The source, development and the paths to overcome crisis

The source or basis of the force of international law or legitimacy of international law is a basic issue in international jurisprudence and the heart of controversy among scholars pro and con international law. In the development of the discipline of international law, this issue has been extensively discussed along various academic paths. In the background of globalization, the demonstration on the “legitimacy” of international institutions by the school of international institution in the field of international relations, including the “source of legitimacy”, the acquisition of legitimacy or legalization, and even the “legitimationskrise”, sheds helpful light on further study of the “legitimacy” of international law.     

The obligation to provide “non-personalised” search results under the Chinese E-commerce law

Pursuant to Article 18(1) of the Chinese E-Commerce Law, e-commerce business has an obligation, when providing search results for goods and services based on consumers’ hobbies, consumption habit, or any other traits, to provide them with options that do not target their identifiable personal traits. The law does not provide any elaboration on the precise scope of application of the said provision. Yet, a plain literal interpretation of this obligation may lead to a broad requirement where the business operator has to provide a truly random “non-personalised” set of search results in all circumstances whenever personalised services are provided. Such an interpretation is in all likelihood unreasonable and impractical. This article argues that the proper interpretation of Article 18(1) should be based on its regulatory purpose to protect the lawful rights and interests of consumers. It further considers the precise types of rights and interests that ought to be protected by Article 18(1), and concludes that its appropriate scope of application should be limited to targeted personalisation of search results, which infringe on the consumers’ right to obtain true information and entitlement to human dignity. Personalisation which does not violate the said right and entitlement, should not fall within the regulatory ambit of Article 18(1).     

The Soteriological Role of the ṛṣi Kapila, According to the Yuktidīpikā

A basic teaching of classical Sā?khya is that repeated embodiment is the result of an individual’s ignorance of the distinction between prak?ti and puru?a. The only exception to this is the ??i Kapila, legendary founder of Sā?khya, who was born with innate knowledge of this distinction. It is this knowledge that leads to liberation from sa?sāra when it is acquired. This brings up the question, why was Kapila incarnated in the first place? If he already possessed this knowledge, what need did he have for further experience of prak?ti’s activity? The classical commentators on the Sā?khyakārikā give various accounts of the nature and origin of Kapila, but they do not directly address this question. However, the evidence of one commentary, the Yuktidīpikā, does provide clues to the reason behind Kapila’s incarnation. In this article, I argue that the author of the Yuktidīpikā views Kapila as a direct embodiment of prak?ti’s soteriological potential for all puru?as.     

‘The rules are all over the place’: Mass Observation,time, and law in the COVID-19 pandemic

This article analyses practices of pandemic time making that surrounded the imposition and communication of laws restricting daily life in parts of the United Kingdom in spring 2020. With colleagues, we commissioned a Mass Observation Project directive in summer 2020, asking contributors about their everyday experience of time during the COVID-19 pandemic. We analyse how legal temporalities emerge across 228 responses. Initially, law making seemed belated, missing the disruptive temporalities of the pandemic. Once they arrived, pandemic rules were sudden, changeable, and confusing. Mass Observation writers forged clusters of improvised practices – tactics of anticipation – to cope with these unsettling temporalities. Meanwhile, the Hansard Society, the Joint Committee on Statutory Instruments, and legal commentators argued that ‘fast-track’ pandemic law making was error ridden, putting the public at risk of unwitting criminal liability. Attentive to ‘polyrhythmic’ temporalities operating across fields of experience and action, our study underlines the contradictory qualities of apparently resonant constructions of legal time.     

The disutility of advance directives: we know the problems, but are there solutions?

Advance directives (ADs) are recognized in some form by the laws of every state. Despite the availability of ADs for more than twenty years, few adults have completed any type of AD document. Even when ADs are validly executed, physicians routinelyfail to honor patients' wishes. The lack of communication between physicians and patients may be the primary reason why AD completion rates remain so low. The failure to honor an AD may stem from the physician's belief that to honor a directive would not be in the patient's best interest. The adoption and enforcement by all states of the Uniform Health-Care Decisions Act, recognition of a physician's ethical duty to assist patients in AD formulation, and routine third-party payor reimbursement to physicians for their role in patients' advance care planning will encourage and facilitate the completion and subsequent honoring of patients' directives.     

“I (can) see myself… But what for?” On Live Camera Feeds in Courtrooms (from the Perspective of Witnesses)

The paper’s aim is to present and critically discuss a peculiar practice noticed and studied in courtrooms in the Lower Court in Kraków, Poland. In courtrooms where different hearings take place, two cameras are installed on the wall or on the stand near the judge’s bench. One camera is aimed at the center of the courtroom, where non-professional participants such as witnesses or plaintiffs stand while being questioned by judge. The second camera’s view is more general—it covers the rest of the courtroom, including the benches for plaintiffs, claimants, defendants, and their legal representatives, and most notably the general public. Naturally, the mere presence of cameras in the modern courtroom is not surprising. What raises some questions is the presence of TV screens in the Kraków Lower Court’s courtrooms (and in Poland’s courts in general), which display the feed from both cameras during the hearing. Consequently, people gathered in the courtroom, especially people questioned by the judge (such as witnesses), can see themselves “live” in the TV screen. Even without raising the subtle details and differences between individual courtrooms, the system of displaying, in real time, live video feeds from a courtroom into the same courtroom begs for more detailed, critical analysis. For instance, one should address the system’s (presumably intended) functions (e.g. transparency, behavior control, and correction of time perception) and the real consequences for the dynamics during hearings, which are not assumptions or hypotheticals. The paper distinguishes the issues connected with the system and addressees them through the perspective of witnesses who participate in the hearings, using the collected opinions of witnesses.

     

“The big sleep: Elucidating the sequence of events in the first hours of death to determine the postmortem interval”

Recent developments on postmortem interval estimation (PMI) take an advantage of the autolysis process, pointing out to the analysis of the expression of apoptosis and autophagy genes towards this purpose. Oxidative stress plays a role in this signaling as a regulatory mechanism and/or as a consequence of cell death. Additionally, melatonin has been implicated on apoptosis and autophagy signaling, making melatonin a suitable target for PMI determination. The aim of this study was to investigate the early PMI through the analysis of the expression of autophagy genes as well as oxidative stress and melatonin receptor. Our results demonstrated a rapidly increased on the expression of autophagy genes according to the expected sequence of events, then a marked decrease in this expression, matched with the switch to the apoptosis signaling. These results revealed potential candidates to analyze the PMI in the first hours of death, helping to estimate the time-since-death.     

The “war on cops,” retaliatory violence,and the murder of George Floyd*

The police murder of George Floyd sparked nationwide protests in the summer of 2020 and revived claims that public outcry over such high-profile police killings perpetuated a violent “war on cops.” Using data collected by the Gun Violence Archive (GVA) on firearm assaults of U.S. police officers, we use Bayesian structural time series (BSTS) modeling to empirically assess if and how patterns of firearm assault on police officers in the United States were influenced by the police murder of George Floyd. Our analysis finds that the murder of George Floyd was associated with a 3-week spike in firearm assaults on police, after which the trend in firearms assaults dropped to levels only slightly above that which were predicted by pre-Floyd data. We discuss potential explanations for these findings and consider their relevance to the contemporary discussion of a “war on cops,” violence, and officer safety.     

The business of bribery: Globalization, economic liberalization, and the “problem” of corruption

This paper is intended as a critical response to the emerging consensus within both academic and policy literatures that we are currently facing an epidemic of corruption which threatens to undermine the stability of economic and political development on both a national and global scale, and which requires both immediate and wide-ranging policy interventions. Based on a review of the publications and policy statements of the leading anti-corruption crusaders — namely the OECD, the IMF, and the World Bank — it will be argued that the recent concern with corruption is attributable, not to any substantive increase incorrupt practices, but rather, to the re-framing of corruption in light of broader shifts and transformations within the global economy. This revised version was published online in July 2006 with corrections to the Cover Date.     

The pregnant woman and the good Samaritan: can a woman have a duty to undergo a caesarean section?

Although a pregnant woman can now refuse any medical treatment needed by the fetus, the Court of Appeal has acknowledged that ethical dilemmas remain, adverting to the inappropriateness of legal compulsion of presumed moral duties in this context. This leaves the impression of an uncomfortable split between the ethics and the law. The notion of a pregnant woman refusing medical treatment needed by the fetus is troubling and it helps little simply to assert that she has a legal right to do so. At the same time, the idea that a pregnant woman fails in her moral duty unless she accepts any recommended treatment or surgery--however great the burden--is also not without difficulty. This article seeks to find a way between these two somewhat polarized positions by arguing that, instead of being a question primarily about whether legally to enforce moral obligations, the 'maternal-fetal conflict' begins with previously unrecognized difficulties in determining when a woman's prima facie moral rights invoked in the treatment context should 'give way' to the interests of the fetus. This difficulty is mirrored within the law. Thus, how can we tell when a pregnant woman has the moral or legal duty to submit to a caesarean section? Seen in this way, the conflict is a problem which lies at the interface between moral and legal rights and duties, showing that there are important conceptual links between the ethics and the law. Against this background, this article explores the limits of a pregnant woman's right to bodily integrity by focusing upon the idea of her moral duty to aid the fetus through her body. Here we find difficulties in determining the existence and extent of this somewhat extraordinary duty. Such a duty is contrasted with both negative and positive duties toward others in the course of 'general conduct.' Attention to the social context of pregnancy and the refusal of treatment within this is also instructive. Overall, the purpose is to foster understanding and acceptance of the current legal position.