Sinthome Law: Theoretical Constructions upon Lacan’s Concept of the Sinthome

Lacan’s psychoanalytical theory is of interest to legal theorists for a number of reasons. In particular, the concept of the Name of the Father allows a sophisticated theorisation of law and legal institutions. However, the Name of the Father was not Lacan’s only theory of law. In his final Seminars, Lacan developed a second and fundamentally different theory of law: the sinthome. By drawing upon Roberto Harari’s commentary on Lacan’s concept of the sinthome, the sinthome can be investigated in terms of topology, chaos, and morphogenetic theories. This can allow a complex theory of the sinthome to be put forward as real, immanent, emergent ordering through the de-limiting of singularities. From this a concept of Sinthome Law can be developed as a novel concept of law, and as a potential way to understand some contemporary problematics in law. The example of the emerging law on electronic signatures is introduced to indicate this.     

Deliberation,Democratic Decision-Making and Internal Political Efficacy

Empirical research into the possible positive consequences of deliberation increasingly reveals that there is a complex relationship between deliberation and its effects on citizens. In this experimental study I examine the relationship between internal political efficacy and one type of deliberation: deliberative decision-making. I also test whether different structures of decision-making mediate between deliberation and internal political efficacy. The data suggest that deliberative decision-making had no direct effect on a global measure of internal political efficacy. Participants in face-to-face deliberative decision-making, though, had higher scores on a situation-specific measure of internal political efficacy than participants who only voted. The structures of decision-making had no effect on either measure of internal political efficacy. These results support claims that deliberation will not necessarily lead to direct, positive effects on citizens internal political efficacy, but they also highlight the likelihood that face-to-face deliberation can lead citizens to feel more competent in their deliberative abilities.     

The role of the state in voluntary environmental reform: A case study of public land

Conventional environmental reform is characterized by the compliance of firms with direct regulatory pressure from the state. Scholars are now turning their attention to alternative modes of reform where firms proactively improve their operations through the implementation of voluntary environmental strategies (VES). While previous research on VES has typically focused on the manufacturing sector, this study explores challenges to corporate greening in the natural resource extractive sector when strategies are undertaken on public land. Findings from two case study regions in the Canadian province of Alberta suggest that VES undertaken on public land are significantly constrained by certain features of the system of environmental governance and the regulatory regime, particularly the reluctance of the state to be involved as a co-regulator of public land. The importance of solid leadership from the state in environmental reform – including cases of voluntary corporate initiatives – is discussed.     

Roadside detection of impairment under the influence of ketamine--evaluation of ketamine impairment symptoms with reference to its concentration in oral fluid and urine

Although there are many roadside testing devices available for the screening of abused drugs, none of them can be used for the detection of ketamine, a popular abused drug in Hong Kong. In connection to local drug driving legislation, effective roadside detection of ketamine in suspected drug-impaired drivers has to be established. According to the drug evaluation and classification program (DEC), ketamine is classified in the phencyclidine (PCP) category. However, no study has been performed regarding the signs and symptoms exhibited by users under the influence of ketamine. In a study to develop a protocol for effective roadside detection of drug-impaired drivers, 62 volunteers exiting from discos were assessed using field impairment tests (FIT) that included measurements of three vital signs (i.e. body temperature, pulse rate and blood pressure), three eye examinations [pupil size, lack of convergence (LOC) and horizontal gaze nystagmus (HGN)] and four divided attention tests (Romberg, one-leg stand, finger-to-nose and walk-and-turn tests). Subsequent laboratory analysis of oral fluid and urine samples from the participants revealed the presence of common abused drugs in both the urine and oral fluid samples of 55 subjects. The remaining 7 subjects with no drug in their oral fluid samples were used as drug-free subjects. In addition, 10 volunteers from the laboratory who were regarded as drug-free subjects were also assessed using the same FIT. Among the 62 volunteers, 39 of them were detected with ketamine in their oral fluid. Of these ketamine users, 21 of them (54%) with only ketamine found in their oral fluid samples while the rest (18 subjects) of them had other drugs (i.e. MA, MDMA, benzodiazepines and/or THC) in addition to ketamine. Of the 21 ketamine-only users, 15 of them (71%) were successfully identified by FIT. It was found that when salivary ketamine concentrations were greater than 300 ng/mL, signs of impairment became evident, with over 90% detection rate using the FIT. By comparing the FIT observations on the 21 ketamine-only users with the drug-free subjects, the typical signs and symptoms observable for subjects under the influence of ketamine included LOC, HGN, elevated pulse rate and in general, failing the divided attention tests, especially the walk-and-turn and one-leg stand.     

Costs of taxation and the size of government

Existing theory on the form of government suggests that a parliamentary system promotes a larger size of government than does a presidential system. This paper extends the existing theory by allowing for distortionary taxation. A main result is that if taxation is sufficiently distortionary, the parliamentary system may promote a smaller size of government than the presidential system. The proposed mechanism appears consistent with several empirical patterns in the data that cannot be explained by other theories.     

Nine points of the law: evidentiary rules and the costs of litigation

If the defendant in a lawsuit is better informed than the plaintiff about the value of damages that could potentially be assigned by the court, biasing the burden of proof toward the plaintiff may lower aggregate efficiency losses from litigation.     

Landnahme, das Wachstumsdilemma und die ?Achsen der Ungleichheit“

This contribution analyzes relations between capitalistLandnahme*, the current twofold??economic and ecological??crisis of capitalism and social inequality. The core assumption is that capitalist societies need to constantly seize non-capitalist social environments in order to safeguard processes of dynamic self-stabilization. At present however, a tipping point seems to have been reached as conventional economic growth, set to overcome economic crisis, inevitably increases ecological dangers. Advanced capitalist societies thus face a growth dilemma and it seems necessary to readjust the ??axes of inequality??. To this purpose a theory of capitalistLandnahme is essential, as this approach encapsulates an extended concept of exploitative relations, which allows for a pluralistic understanding of social antagonisms and relations of domination. This article offers a topical analysis of finance capitalism in order to exemplify this approach. It argues that theLandnahme theorem can be brought to bear fruitfully as an analytical link between a theory of capitalism and research in intersectionality.     

Autorisierung. Eine wissenschafts- und wirtschaftssoziologische Perspektive auf geistiges Eigentum

Property obliges??and intellectual property entails responsibility about the knowledge produced. The theoretical concept of authorization enables the development of a genuinely sociological perspective of intellectual property. Based on this perspective of intellectual property, it is possible to introduce new aspects in the current and for the advanced knowledge capitalism central debate. The concept of authorization is based on the observation that??from the perspective of knowledge users??it is very difficult (if not impossible) to assess in advance the quality of knowledge and knowledge goods, like for example drugs. This uncertainty entails the consumers?? demand for authorization for an attribution of responsibility. The need of authorization is caused by the extent of insecurity and it exists independently from the aspiration of intellectual property by a company or person (for the time being, the debate struggles only with the last problem). Starting from there, the article examines the question how authorization is being established in the social field. Thereby, it is not only contentious whether or not knowledge should be commercialized or is open access. It is also contentious to which extend the power of definition should be hierarchically monopolized or egalitarianly distributed. The theoretical perspective will be illustrated with a case study on the authorization of seed??the latter being an economic resource which is of elementary importance for human life.     

Kapitalismus und Gender. Eine Auseinandersetzung mit der kapitalismuskritischen Intersektionalitätsforschung

In intersectionality research capitalism is often analyzed as a social order that systematically produces social inequalities. Particularly the feminist literature describes capitalism as a set of gendered institutions that enforces patriarchal control structures. This paper does not engage in a critique of capitalism. Instead, it follows a strictly analytical perspective in order to discuss the basic structure, the culture and the institutions of modern capitalism with respect to gender equality. The paper argues that modern capitalism in general is neutral in respect of gender issues. Discriminations against women are caused by traditional gender stereotypes and concrete institutional settings that can be changed without tearing at the very fabric of modern capitalism.