L’Oeuvre de Jerzy Wróblewski: Aux confins du paradigme analytique

Sans résumé     

The Constitutional Court of the Republic of Austria 1918–1920

Abstract.   Constitutional review was the most original idea stemming from the Austrian Federal Constitution of 1920. It is argued that the politician Karl Renner gave birth to the idea of a constitutional court. Hans Kelsen played the predominant role in the drafting of constitutional provisions. The new Constitutional Court provided for a centralized system of review, with an eye to a number of politically important issues. Owing to the pressure that stemmed from various discussions between and among the politicians of the national state and the Länder , Kelsen was obliged to depart from the German model of the federal state and to develop in its place a new theory.     

Complex Individualism and Legitimacy of Absolute Property Rights

In this article my purpose is to go thoroughly into the ideas expressed by economists regarding the legitimacy of absolute property rights. I visit the Lockian argument taken up by Murray Rothbard (1.1) and the principle of the finder keeper clarified by Israel Kizner (1.2). I argue that it is impossible to legitimate either the property of the finder keeper or the property of oneself if man does not think of himself as an individual. Indeed individualism becomes the cultural prerequisite required to acknowledge the rights of the finder keeper and the goods obtained through labour. Here, Hayek's complex individualism is akin to the hypothesis of the social animal of Benjamin Constant and the work of Gabriel Tarde on the transformation of law. The individual is both an effect and a cause of property rights.     

Undiagnosed, untreated acute promyelocytic leukemia presenting as a suspicious sudden death

Acute promyelocytic leukemia (APL) is a subtype of acute myelogenous leukemia frequently associated with clotting abnormalities and severe hemorrhagic diathesis. The disease is associated with a high incidence of early fatal hemorrhage. We report the sudden death of a 40-year-old male without significant medical history in which foul play had been initially suspected. A thorough postmortem investigation performed on the decedent lead to the diagnosis of APL. Cause of death was a cerebellar hematoma. Underlying APL should be considered in the differential diagnosis when unexplained bleeding is encountered in a decedent. This case emphasizes the value of routinely collecting bone marrow during an autopsy to enable accurate testing and diagnosis.     

Associative Learning of Nasonia vitripennis Walker (Hymenoptera:Pteromalidae) to Methyldisulfanylmethane

Traditional methods of volatile detection used by police typically consist of reliance on canine olfaction. However, dogs have some limitations such as cost of training and time of conditioning. The possibility of using parasitic wasps for detecting explosives and narcotics has been developed. Moreover, wasps are cheap to produce and can be conditioned with impressive speed for a specific chemical detection task. We examined the ability of Nasonia vitripennis Walker to learn and respond to methyldisulfanylmethane (DMDS), a volatile discriminator of cadaver. The training aimed to form an association between an unconditioned stimulus (pupae) and the conditioned stimulus (odor source). After the training, the time spent by conditioned wasps in the DMDS chamber was measured. Statistical analysis showed that the increasing concentrations involved an increase in the time spent in the chamber containing DMDS. This study indicates that N. vitripennis can respond to DMDS, which provide further support for its development as a biological sensor.     

Why Tolerate Conscience?

In Why Tolerate Religion?, Brian Leiter argues against the special legal status of religion, claiming that religion should not be the only ground for exemptions to the law and that this form of protection should be, in principle, available for the claims of secular conscience as well. However, in the last chapter of his book, he objects to a universal regime of exemptions for both religious and secular claims of conscience, highlighting the practical and moral flaws associated with it. We believe that Leiter identifies a genuine and important contemporary legal and philosophical problem. We find much to admire in his reasoning. However, we raise questions about two claims that are crucial for his argument. The first claim is that it is not religion as such, but conscience that deserves toleration and respect. The second claim is that respect for religion and conscience demands ‘principled toleration’ but does not entail stronger policies of legal exemptions. Against the first claim, we argue that Leiter does not successfully distinguish religious belief from secular conscience and morality; and he does not explain why secular conscience (which shares many of religious conscience’s epistemic features) deserves respect. Against the second claim, we argue that the most promising theories of legal exemptions are not classical theories of liberal toleration.