Remarks on a Legal Positivist Misuse of Wittgenstein's Later Philosophy

Law and Philosophy -     

Free Movement of Persons and European Solidarity1

Abstract: This article explores the tension between freedom of movement within the EC/EU and the principle of social solidarity, a tension which has increased in step with the progressive enlargement over the years of the circle of potential beneficiaries of the right to cross‐border access to the social and welfare benefits guaranteed by the social protection systems of the Member States. The article aims to re‐construct the system of Community rules regarding the free movement of persons within the EU from the point of view of the justifying criteria for the cross‐border access to national welfare systems of the different categories of ‘migrants’. The focus of the article is on the different degrees and models of solidarity which, at least at the present stage of the European integration process, justify correspondingly graduated and differentiated forms of cross‐border access to Member States' social and welfare benefits for the various categories of persons who move about within the EU.     

Russia and its supporters in Europe: trans-ideology à la carte?

The impact of crisis in Ukraine on EU–Russia relations appears twofold. On the one hand, it revealed the high degree of disdain all across Europe to Moscow's neo-imperial approach. On the other hand, it unveiled a great deal of affection and sympathy to Kremlin's policy among a number of non-mainstream but significant groups within the EU. In this article, we mirror the major troubles of today’s Europe, as seen from Moscow’s perspective, with four nodal points of the Kremlin’s hegemonic discourse: social conservatism, nation state-based policies, independence from the US influence and the glorification of Russia’s self-inflicted mission of fighting contemporary neo-fascism. Our analysis of non-mainstream political parties in EU member states, sensitive and responsive to the Kremlin’s agenda, suggests that Putin's regime and Russia sympathizers in Europe pragmatically use each other, thereby challenging the classical ideological paradigms. This translates Russia’s policies into a trans-ideological repertoire of different discourses that differently resonate among the groups of Russia sympathizers.     

Decisional Capacity to Consent to Clinical Research Involving Placebo in Psychiatric Patients

Evidence from a few studies indicates the existence of several issues related to psychiatric patients' decisional capacity to give informed consent to clinical research. Clinicians often face difficulties in acquiring valid informed consent in clinical practice and even more so in drug trials. Participants often fail to fully understand or retain information regarding the actual implications of research protocols. The Brief Assessment for Consent to Clinical Research (BACO) was developed to investigate capacity to consent to clinical trials and further compare patients with schizophrenia and healthy comparisons' decisional capacity. A method to avoid possible confounding effects of choosing a treatment regarding a current disease was applied. The study groups were administered the BACO and the MacArthur Competence Assessment Tool for Clinical Research. Psychiatric patients performed poorer in comprehending, appreciating, and reasoning abilities, than their healthy counterparts. Impaired cognitive functioning and psychiatric symptoms severity were associated with reduced capacity to consent.     

The Back-Door Governance of Crime: Confiscating Criminal Assets in the UK

European Journal on Criminal Policy and Research - The policy and practice of confiscating criminal assets to control crime and recover illicit wealth has come to occupy a central position in...     

Exploring the Relationship between Operational and Financial Indicators: The Case of Water and Sewer Utilities

ABSTRACT

There is debate in the literature on whether or not general management principles are applicable to the study and practice of public administration. This research responds by exploring how local officials manage the performance of public services with private good characteristics, where general management principles could be embraced for service delivery. The relationship between operational and financial indicators is explored within the functional areas of water and sewer, with the hypothesis that operational outcomes impact financial outcomes similar to private enterprises. Because the findings do not support this hypothesis, the authors conclude that general management principles may not be applicable to all forms of administration given that public cannot be removed from the management of public services even with private good characteristics.