Looking for Coherence within the European Community*

Abstract: This paper discusses the relationship between the idea of coherence and the legal order set up by the European Community. It focuses on a specific dimension of this relationship and shows how the appeals to coherence made by the European Court of Justice have shaped a particular branch of the European legal order, namely, the judicial review of Community acts. The analysis of the Court of Justice's case law in this field shows that in its extensive use of coherence the Court of Justice explored and brought into play different types of coherence and, while it failed to distinguish between them, it made use of sorts of coherence that thus far legal theorists have disregarded. The article concludes that a closer collaboration between legal theory and legal practice would be profitable for both legal theorists and Community law specialists.     

DNA internal standard for the quantitative determination of hallucinogenic plants in plant mixtures

Here, we show a new, simple, and rapid SYBR Green-based Real-Time PCR assay for the quantification of hallucinogenic plants in plant mixtures. As a test plant, Salvia divinorum Epling & Játiva-M., a perennial herb belonging to the Lamiaceae family able to induce hallucinations, changes in perception, or other psychologically induced changes with similar potency as LSD, was used. The method was tested on seven mixtures 100/0%, 80/20%, 60/40%, 40/60%, 20/80%, 10/90%, 0/100% (w/w) S. divinorum versus a non-hallucinogenic plant, Salvia officinalis. Total DNA was extracted from samples and quantified by Real-Time PCR. Arabidopsis thaliana genomic DNA was added, as internal standard, at the beginning of each extraction. A new formula for the interpretation of Real-Time PCR data, based on the relative quantification of DNA extracted from mixture versus a reference DNA extracted from a known amount of pure S. divinorum, was developed. The results of this work show an almost perfect correspondence between Real-Time PCR-calculated weight and the weight estimated by an analytical weighted method, proving the effectiveness of this method for the quantitative analysis of a given species in a plant mixture.     

The Arguments from Coherence: Analysis and Evaluation

In this article, the theory of argumentation set out by theDutch scholars Frans van Eemeren and Rob Grootendorst is broughtto bear in subjecting the general form of the argument fromcoherence to a critical analysis. First, a distinction is broughtout between two basic kinds of argument from coherence: in oneuse this argumentative structure occurs as a sequence of twoarguments establishing that a standpoint constitutes a particularinstantiation or a inherent quality of the system it will becomepart of (symptomatic argument); in the other use we have a mainsymptomatic argument supported by a subordinate argument appealingto instrumental considerations (pragmatic argument). It is thenclaimed that arguments from coherence are complex types of argumentation,structured at various argumentative levels, where the premisesmust be taken together to yield an adequate defence of the conclusion(coordinative argumentation). Finally, an evaluative assessmentis made as to whether arguments from coherence can serve acceptablyas tools for settling disputes: it will be maintained that wecan generally welcome these argumentative structures as soundand fully acceptable provided we are aware of the interpretivediscretion their use entails.     

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

Law and Philosophy -