In this paper, I discuss from a philosophical viewpoint the so-called radiation problem that resulted from the Fukushima Daiichi Nuclear Power Station accident after the Great East Japan Earthquake in 2011. The starting point lies in the conceptual distinction between “damage due to radiation” and “damage caused by avoiding radiation.” We can recognize the direct “damage due to radiation” in Fukushima as not serious based on the empirical data so that I focus upon the problem of (...) the “damage caused by avoiding radiation,” particularly the damage due to evacuation actions. Actually, evacuation actions caused more refugees to die of suicide and diseases than supposed. Obviously, there is a practical problem on whether the forceful and emergent evacuationwas needed. In addition, I will point out that some people psychologically had negative feelings about the radiation problem altogether, for example, absurdity, discomfort, anxiety, or distrust, where some of them tend to twistedly solve those by giving moral censure to people and the product in affected areas. This brought about serious harm to people in Fukushima. I will interpret some people’s careless adoption of precautionary principle and their misunderstanding of the legal standard in radiation protection as being latent in this tragedy. (shrink)

Informed consent has become the most obvious instantiation of patient autonomy in contemporary medicine, though as a practice it does not encompass all spheres of medicine. While diagnostic radiological procedures carry some risk due to the use of radiation, there is no standardized practice of informed consent in the United States. The authors describe the ethical justification of informed consent, the legal background surrounding it, and a brief history of radiology and radiological protection. They ultimately argue that (...) informed consent should become a common practice in computed tomography given the risks involved due to radiation exposure, especially considering the overuse of this technology, since it respects patient autonomy. (shrink)

This paper examines constitutional issues concerning same-sex marriage. Although same-sex relations concern broader ethical issues as well, I set these aside to concentrate primarily on legal questions of privacy rights and equal protection. While sexual orientation is neither a suspect classification like race, nor a quasi classification like gender, there are strong reasons why it should trigger heightened scrutiny of legislation using sexuality as a standard of classification. In what follows, I argue that equal-protection doctrine is (...) better suited for including same-sex couples where legal benefits and burdens of marriage are at stake. (1) I reconstruct arguments from privacy and the controversial ruling of Bowers v. Hardwick but discount this strategy for problematic legal reasons. (2) In order for equal protection to apply, sexual orientation must meet the criteria of suspect classification that the Court has established. (3) Since sexual orientation meets these criteria, heightened scrutiny should be applied to such legislation on equal-protection grounds. (4) Finally, I rely on some familiar Rawlsian arguments of public justification that demonstrate why this extension of marriage rights is consistent with basic constitutional principles. (shrink)

This article claims that legal time has excluded and submerged an important sense of time inside structured time. Structured time has two forms. Each form of structured time identifies a beginning to a legal order (droit, Recht) as a whole. The one form has focussed upon a critical date. The critical date is exemplified by a basic text, such as the Constitution, or the judicially identified date of settlement, sovereignty or territorial control of a territory by the state. (...) The second form of structured time has begun with the judicial recognition of a value such as the rule of law, the protection of minorities, equal treatment, or due process of law. With the two forms of structured time, jurists have proceeded to identify a binding law. Such a law has been considered a rule, principle, doctrine or other intelligible standard. Once structured legal time has thus begun, events of legal relevance have been represented by jurists in a distinct phase or period of time. Each such a distinct period is parsed through reference to its named, or labelled, starting point and the latter, in turn and ultimately, with reference to the beginning of the very constitutional order as a whole. Legal justification and the conceptual structures of justification are presumed to follow suit. The article argues, however, that another sense of time, excluded and submerged inside structured time, is experienced. An experienced event, manifested as a discrete incident in experiential time, opens to a condition of the possibility of the existence of law. (shrink)

The aim of this study is to proof the argument – i.e. ‘there are significant linkages amongst tolerance, hybrid identities and migration.’ These linkages can be comprehended by means of conceptualising extensions of hybrid identities in aggregate trans/inter-migration processes. It can be put forward that arising hybrid identities are embedded in a blurring structure of thoughts, beliefs, states of affairs, facts, belongings and so forth. From multiculturalism and cosmopolitanism viewpoints, it is argued that tolerance and migration ought to be analysed (...) in frame of sociology of law, human rights, international migration law, and of course the European Union law. So far, normative arguments and soft law approaches are very much well integrated with social aspects of migration, tolerance, identity and culture. In this context, the study examines to what extent cultural and human components are protected by law in multiple levels from an interdisciplinary perspective. In this framework, it is crucial to raise the research enquiries: What are possible criteria for the limits of tolerance? To what extent tolerance is related to human rights and morality? What ought to be the limit of tolerance towards hybrid identities in multicultural and cosmopolitan societies? In a consistent manner, the criteria and standards developed by some leading scholars were reconstructed and discussed throughout this paper. These criteria and standards are both moral (part of a universal system of morality) and legal (international, supranational, or national – i.e. constitutional). In order to apply such standards their validity was discussed (i.e. the respective normative power has the norms at the various levels). In the case of morals, their difference to particular ethnic systems was established (i.e. criteria by which the two can be distinguished). Then the research argument was elaborated on whether and how the legal standards comply with the moral standards, how national standards comply with supranational or international standards. Likewise, the study highlights the crucial contributions of “World Society and World System Paradigms” that are associated with social space, global civil society, cosmopolitanism, ethnic diversity, cultural hybridity, human rights activism and public sphere. Recent debates in Refugee Studies (e.g. Syrian Refugee Crisis, Dual and Multiple Citizenship Issues and so forth) highlight the fact that the European Union needs to consider new aspects of tolerance for hybrid identities and tolerate cultural rights of hybrid identities, create cohesion in communities and establish intercultural dialogue amongst home-states and host-states. Sanguinely, the efforts of hybrid identities are strengthening the relations between home-host states and these ought to attract some considerable attention. The authors of this study hope that their endeavours may contribute somewhat towards that. (shrink)

This article first of all attempts to assess the proposals of 2006–2007 to amend Poland’s Constitution, aimed mostly at strengthening constitutional protection of unborn human life. Parliamentary work on this proposal begins with the submission of the Deputy’s bill on amendment of the Constitution, published in the Sejm Paper No. 993 of September 5, 2006, and ends with a series of votes at the 39th sitting of the Sejm of the fifth term of office, held on April 13, 2007, (...) on which it was decided not to adopt any amendment. In the course of the legislative process, several modifi cation were offered not only to Article 38 concerning protection of life, but also to Article 30 dealing with dignity as a source of rights. Each of these proposals had drawbacks, including inter alia: the lack of a definite period of protection or entitlement to dignity, resulting in the decreased protection in relation to issues concerning euthanasia; the application of new categories granting a specific status to unborn human life; specifying the standards for protection by means of legislative acts ranking lower than a constitution, resulting in the transfer of life protection into the sphere of regulation of ordinary legislation. The most conducive for strengthening of the protection of unborn human life, even if not free of imperfections, was an amendment of Article 30 proposed by the Committee in the following wording: “The inherent and inalienable dignity, conferred on the person from the moment of conception, shall be a source of freedoms and rights of persons and citizens. It shall be inviolable; the respect and protection thereof shall be the obligation of public authorities.” From the rejection of the proposals it is diffi cult to draw conclusions that are vital for interpretation of the existing provisions. However, a conclusion that the intention of the authors of the constitution was not to strengthen the constitutional protection of life is not legitimate, mostly because of their doubts about formal correctness of the proposed amendments (when deciding to reject them), particularly the doubts about legal consequences of their adoption. -/- Streszczenie Zasadniczym celem opracowania jest próba całościowej oceny propozycji nowelizacji Konstytucji RP mającej miejsce w latach 2006-2007, zmierzającej przede wszystkim do wzmocnienia konstytucyjnej ochrony życia człowieka przed narodzeniem. Prace parlamentarne nad analizowaną nowelizacją otwiera poselski projekt ustawy o zmianie Konstytucji zawarty w druku sejmowym 993 z dnia 5 września 2006 (projekt wpłynął do Sejmu 7 września); zamyka seria głosowań na 39 posiedzeniu Sejmu V kadencji, dnia 13 kwietnia 2007 roku; głosowań, które przesądziły o niewprowadzeniu żadnych zmian. W trakcie procesu legislacyjnego proponowano szereg formuł, zmieniających nie tylko art. 38 dotyczący ochrony życia, ale także art. 30, który dotyczy godności jako źródła praw. W zasadzie wszystkie zgłoszone propozycje posiadały wady, wśród których najważniejsze to: brak domknięcia okresu ochrony lub przysługiwania godności, skutkujący obniżeniem ochrony w kwestiach związanych z eutanazją; stosowanie nowych kategorii, prowadzące do nadania specyficznego statusu człowiekowi przed narodzeniem; określanie standardu ochrony za pośrednictwem aktów o randze niższej od konstytucji, prowadzące do przesunięcia ochrony życia przed narodzeniem w sferę ustawodawstwa zwykłego. Z punktu widzenia celu, jakim było wzmocnienie konstytucyjnej ochrony życia człowieka przed narodzeniem i wzmocnienie jego pozycji prawnej, najlepsza, choć nie pozbawiona usterek, była zaproponowana przez Komisję zmiana brzmienia art. 30 prowadząca do formuły: „Źródłem wolności i praw człowieka i obywatela jest przyrodzona i niezbywalna godność człowieka, przynależna mu od chwili poczęcia. Jest ona nienaruszalna, a jej poszanowanie i ochrona jest obowiązkiem władz publicznych.”. Na podstawie odrzucenia propozycji zmian trudno wyciągać wnioski istotne dla interpretacji aktualnie obowiązujących przepisów; wniosek, że ustrojodawca nie chciał wzmocnienia konstytucyjnej ochrony życie nie jest prawomocny, przede wszystkim ze względu na – istotne w procesie podejmowania decyzji o odrzuceniu propozycji zmian – wątpliwości, co do formalnej poprawności formułowanych propozycji, w tym wątpliwości co do konsekwencji prawnych ich przyjęcia. (shrink)

According to a common conception of legal proof, satisfying a legal burden requires establishing a claim to a numerical threshold. Beyond reasonable doubt, for example, is often glossed as 90% or 95% likelihood given the evidence. Preponderance of evidence is interpreted as meaning at least 50% likelihood given the evidence. In light of problems with the common conception, I propose a new ‘relevant alternatives’ framework for legal standards of proof. Relevant alternative accounts of knowledge state that a (...) person knows a proposition when their evidence rules out all relevant error possibilities. I adapt this framework to model three legal standards of proof—the preponderance of evidence, clear and convincing evidence, and beyond reasonable doubt standards. I describe virtues of this framework. I argue that, by eschewing numerical thresholds, the relevant alternatives framework avoids problems inherent to rival models. I conclude by articulating aspects of legal normativity and practice illuminated by the relevant alternatives framework. (shrink)

The debate on the ethical permissibility of autonomous weapon systems (AWS) is deadlocked. It could therefore benefit from a differentiated assignment of the burden of proof. This is because the discussion is not purely philosophical in nature, but has a legal and security policy component and aims to avoid the most harmful outcomes of an otherwise unchecked development. Opponents of a universal AWS ban must clearly demonstrate that AWS comply with the Law of Armed Conflict (LOAC). This requires extensive (...) testing of specific models to verify compliance in realistic combat situations; working on appropriate testing regimes is also one of the most important future tasks for AWS ethics. In this context, however, it is easy to refute the claim put forward by prohibitionists that AWS violate LOAC a priori. A state’ s right to ensure security and the protection of human rights through military capacity has a high ethical value. Other arguments against the use of AWS that are not based on LOAC conformity must therefore meet a substantial burden of proof, as they call on governments to abandon a military technology which is at least potentially transformative. None of those objections meet this standard. They include not only culturally or even individually divergent norms and ideas regarding the use of weapons, but also consequentialist (security policy) concerns on the one hand and so-called deontological arguments on the other. While the former at least point to the need for essential regulation, the latter are based on rather dubious premises. For the purposes of solutions beneficial to humanity, prohibitionist should formulate narrower and more specific points of criticism. (shrink)

Mistakes are a fact of life, and the criminal law is sadly no exception to the rule. Wrongful convictions are rightfully abhorred, and false acquittals can likewise inspire outrage. In these cases, we implicitly draw a distinction between a court’s finding and a defendant’s actual guilt or innocence. These are intuitive concepts, but as this paper aims to show, contemporary use of the reasonable person standard in the law of self-defense muddles them. -/- Ordinarily, we can distinguish between a (...) person's material guilt or innocence and his juridical guilt or innocence. Someone is materially guilty if his actions in fact matched the conduct proscribed by the penal law. Someone is juridically guilty if he is found guilty by a tribunal, i.e., convicted by a judge or jury. When a tribunal convicts a innocent person or acquits a guilty person, the accuracy of its verdicts can be criticized. -/- There are three definitions of the reasonable person extant amongst courts and commentators: the reasonable person is either (1) a hypothetical ordinary, average person; (2) the embodiment of a community ideal; or (3) an embodiment of an objective ethical standard, i.e., ethical principles independent of community opinion. Nonetheless, after observing the circularity, vagueness, and lack of consistency in the definitions, wise courts and commentators have sometimes resorted to identifying the reasonable person with the judgment of the jury. -/- This piece argues that failure to settle on a fixed definition of the "reasonable person" in the criminal law of self-defense effectively conflates material guilt and innocence and juridical guilt and innocence at the doctrinal level. When courts do not clearly and consistently choose between standards one, two, and three, or when they expressly treat the reasonable person as a form of words standing in for the judgment of the jury, they make it conceptually impossible for observers outside the court system to apply a fixed, definite standard to assess the actual guilt of a person apart from the judgments of tribunals. -/- This paper's main purpose is to identify a conceptual knot rather than propose reforms. Still, it recommends two small changes meant to lift the confusion surrounding the reasonable person. First, it urges that courts expressly settle on one of the three definitions canvassed above. Second, it recommends that courts be mindful of the nature of the reasonable person standard and as such, be wary of treating conclusions about reasonableness as ordinary legal precedents, and wield the power of directed verdict aggressively to protect unpopular defendants from abuse by juries. (shrink)

Background: The internationalization of clinical studies requires a shared understanding of the fundamental ethical values guiding clinical studies. It is important that these values are not only embraced at the legal level but also adopted by clinicians themselves during clinical studies. Objective: Our goal is to provide an insight on how clinicians in Germany and Poland perceive and identify the different ethical issues regarding informed consent in clinical studies. Methods: To gain an understanding of how clinicians view clinical studies (...) in the countries they work in, we carried out semi-structured problem-centered interviews per telephone in Poland (n = 6) and Germany (n = 6). Our interviewees concentrated on three main topics: an appraisal of the normative framework, challenges in the information process and the protection of all participants in clinical studies. Results: Clinicians generally supported the normative framework, even though they considered it quite complex. In the two study countries, a widely noted dilemma in the information process was whether to overburden participants with extensive information or risking leaving out important facts. Clinicians were ready to exclude larger population groups from participating in clinical studies when the information process could not be carried out with standard procedures or when their inclusion was ethically sensitive. Conclusion: Clinicians need to gain a better understanding of the consequences of excluding larger population groups form participating in clinical studies. They should seek assistance in improving the information process for the inclusion of underrepresented groups in clinical studies. (shrink)

The author examines the arguments for applicability of the limitation clause which specifies the requirements for limitation of constitutional freedoms and rights (Article 31 para. 3 of the Constitution) to the right to protection of life (Article 38). Even if there is almost a general acceptance of such applicability, this approach does not hold up to criticism based on the rule existing in the Polish legal order that treaty commitments concerning human rights have supremacy over national statutory regulations. (...) Due to an international pattern which does not provide application of the limitation clause to the right to life protection, despite the recognition — at the level of a constitutional standard — of applicability of the clause of Article 31 para. 3 to Article 38, and to protection of life in general, this will be made impossible at any attempt to formulate a statutory standard. He also points out the defectiveness of the reasoning leading to acceptance of certain limitations of a particular value (e.g. life) on the basis of the ex definitione exemptions existing in the international standard to the assumption of applicability of the limitation clause when shaping statutory standards in the Polish legal system. The discussed issues are related to the question of interpretation of the inviolability of human rights. This term takes different meaning in the context of: 1) inviolability of all human rights understood in abstracto as normative structures of a general and abstract nature; 2) right protecting certain values with no exception; 3) rights to which an application of the limitation clause is forbidden; 4) rights not subject to derogation; 5) inviolability of understood in concreto, as that is (here and now) due to the subject of dignity; 6) inviolable essence of freedoms and rights. One should also clearly distinguish between (7) the descriptive and (8) the normative meaning of inviolability. -/- Punktem wyjścia jest analiza argumentacji na rzecz tezy o stosowalności do prawa do ochrony życia (art. 38 Konstytucji RP), klauzuli limitacyjnej określającej warunki ograniczania konstytucyjnych wolności i praw (art. 31 ust. 3). Mimo niemal powszechnej akceptacji tej tezy, nie wytrzymuje ona krytyki opartej na pierwszeństwie, które w polskim porządku prawnym mają zobowiązania traktowe dotyczące praw człowieka, wobec regulacji ustawowych. Ze względu na wzorzec międzynarodowy, który nie przewiduje stosowania klasycznej klauzuli limitacyjnej do prawa do życia, mimo uznania - na poziomie standardu konstytucyjnego - stosowalności klauzuli z art. 31 ust. 3 do art. 38 i ochrony życia w ogóle, stosowalność tej klauzuli będzie uniemożliwiona przy każdej próbie formułowania standardu ustawowego. Autor zwraca uwagę na wadliwość wnioskowania prowadzącego od uznania dopuszczalności pewnych ograniczeń ochrony jakiejś wartości (np. życia) na podstawie wyjątków ex definitione obecnych w standardzie międzynarodowym, do tezy o stosowalności klauzuli limitacyjnej przy kształtowaniu standardu ustawowego w polskim systemie prawnym. (shrink)

Multiple states are at risk of becoming uninhabitable due to climate change, forcing their populations to flee. While the 1951 Refugee Convention provides the gold standard of international protection, it is only applied to a limited subset of people fleeing their countries, those who suffer persecution, which most people fleeing climate change cannot establish. While many journalists and non-lawyers freely use the term “climate refugees,” governments, and courts, as well as UNHCR and many refugee experts, have excluded most (...) climate refugees from the Convention as a matter of legal interpretation. In our 2015 paper, “Unable to Return in the 1951 Refugee Convention: Stateless Refugees and Climate Change”, we sought to reopen the debate on “climate refugees” by arguing that some climate refugees qualify under the 1951 Convention as it is currently written (even if they are not persecuted): those who are stateless and are unable to return to their country of origin because climate change has rendered it uninhabitable. Our interpretation, however, has been rejected by Goodwin-Gill and McAdam (2021) and by Foster and Lambert (2019), which explicitly responds to our paper. Here, we address and respond to their arguments, and develop a new supplementary one, drawing on the principle of systemic integration, as enshrined in Article 31(3)(c) of the Vienna Convention on the Law of Treaties. (shrink)

The Report presents insights which illuminates the intertwinements of European regulatory policies and global governance arrangements. By pinning down the exact nature of the interaction between these two levels, the EU’s dilemma becomes obvious: On the one hand, stronger global governance can be a chance, through which the EU can clarify its own raison d’être of increased integration to the wider world. On the other hand, the design of the European project is being challenged by more assertive global structures. This (...) is especially the case in relation to the WTO regime, which is constraining the decisional autonomy of the EU, regarding the appropriateness of its content and its external effects. Thus, the regulation of services in the EU and the WTO are discussed in the first section of this report. Section two focuses on labour standards, which are analysed from different angles in order to clarify the functions of the WTO and the ILO, multinational companies as well as other private actors within this specific field. The final section deals with the legitimacy problematic of transnational governance. Table of contents: Introduction Christian Joerges and Poul F. Kjaer Section One: Freedom of Services Chapter 1 The Multiple Understandings of Conflict between Trade in Services and Labour Protection Alexia Herwig Chapter 2 Competing in Markets, not Rules: The Conflict over the Single Services Market Susanne K. Schmidt Chapter 3 Competitiveness and Labour Protection: A Comment Markus Krajewski Section Two: Labour Standards Chapter 4 WTO and ILO: Can Social Responsibility be maintained in International Trade? Josef Falke Chapter 5 Reframing RECON: Perspectives on Transnationalisation and Post-national Democracy from Labour Law Claire Methven O’Brien Chapter 6 Transnational Governance and Human Rights: The Obligations of Private Actors in the Global Context Regina Kreide Section Three: The Legitimacy of Transnational Governance Chapter 7 Legitimacy through Precaution in European Regulation of GMOs? From the Standpoint of Governance as Analytical Perspective Maria Weimer Chapter 8 The Justice Deficit of the EU and other International Organisations Jürgen Neyer Chapter 9 Towards Normative Legitimacy of the World Trade Order Alexia Herwig and Thorsten Hüller Chapter 10 From Utopia to Apology – The Return to Inter-state Justice in Normative IR Scholarship: Comments on Neyer and Herwig & Hüller Jens Steffek. (shrink)

Individual health assessments (IHAs) for asymptomatic individuals provide a challenge to traditional distinctions between patient care and non-medical practice. They may involve undue radiation exposure, lead to false positives, and involve high out-of-pocket costs for recipients. A recent paper (Journal of the American College of Radiology 13(12): 1447–1457.e1, 2016) has criticised the use of IHAs and argued that recipients should be classified as ‘presenters’, not ‘patients’, to distinguish it from regular medical care. I critique this classificatory move, on two (...) grounds: one, it is conceptually suspect. Two, it obviates the medical ethics framework for IHAs, potentially exposing recipients of IHAs to lower standards of oversight and protection. Responsible regulation of IHAs will be easier to ethically justify if those seeking IHAs are considered patients and not merely presenters. (shrink)

For more than two decades, police in the United States have used facial recognition to surveil civilians. Local police departments deploy facial recognition technology to identify protestors’ faces while federal law enforcement agencies quietly amass driver’s license and social media photos to build databases containing billions of faces. Yet, despite the widespread use of facial recognition in law enforcement, there are neither federal laws governing the deployment of this technology nor regulations settings standards with respect to its development. To make (...) matters worse, the Fourth Amendment—intended to limit police power and enacted to protect against unreasonable searches—has struggled to rein in new surveillance technologies since its inception. -/- This Article examines the Supreme Court’s Fourth Amendment jurisprudence leading up to Carpenter v. United States and suggests that the Court is reinterpreting the amendment for the digital age. Still, the too-slow expansion of privacy protections raises challenging questions about racial bias, the legitimacy of police power, and ethical issues in artificial intelligence design. This Article proposes the development of an algorithmic auditing and accountability market that not only sets standards for AI development and limitations on governmental use of facial recognition but encourages collaboration between public interest technologists and regulators. Beyond the necessary changes to the technological and legal landscape, the current system of policing must also be reevaluated if hard-won civil liberties are to endure. (shrink)

Development economist Hernando de Soto Polar has effectively advocated for property rights in the Third World, as his ideas have influenced the policies of the World Bank, International Monetary Fund and United Nations Development Programme. He envisions land titling as a means of lifting the poor out of poverty. I argue that his classical liberal interpretations of property and the good life are dangerously naive. One can see the dangers of de Soto’s imperialist and one-dimensional vision after considering the cultural (...) destruction that results from his brand of development in pastoral Kenya. Also, this article demands a reframing of standardized development approaches. It argues that the conventional view is prone to creating unstable, culturally hegemonic relationships between the government and entrepreneurs, and the people of the land. Asymmetrical lawfare is another nondemocratic feature of de Soto’s development. This article emphasizes that Kenyan pastoralists are not inherently vulnerable people but that they have been rendered vulnerable by society. Lastly, the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is the basis for an alternative to de Soto’s development design. UNDRIP was a hard-fought legal protection for the world’s indigenous peoples that makes human dignity central to development. The Global North and Global South produce differing visions of development. This article points to Kenya as an example of how the Global North’s vision has fundamentally failed because it disenfranchises pastoralists—the very people policymakers and policy supporters claim it is intended to benefit. (shrink)

US criminal courts have recently moved toward seeing juveniles as inherently less culpable than their adult counterparts, influenced by a growing mass of neuroscientific and psychological evidence. In support of this trend, this chapter argues that the criminal law’s notion of responsible agency requires both the cognitive capacity to understand one’s actions and the volitional control to conform one’s actions to legal standards. These capacities require, among other things, a minimal working set of executive functions—a suite of mental processes, (...) mainly realized in the prefrontal cortex, such as planning and inhibition—which remain in significant states of immaturity through late adolescence, and in some cases beyond. Drawing on scientific evidence of how these cognitive and volitional capacities develop in the maturing brain, the authors sketch a scalar structure of juvenile responsibility, and suggest some possible directions for reforming the juvenile justice system to reflect this scalar structure. (shrink)

In order to perform certain actions – such as incarcerating a person or revoking parental rights – the state must establish certain facts to a particular standard of proof. These standards – such as preponderance of evidence and beyond reasonable doubt – are often interpreted as likelihoods or epistemic confidences. Many theorists construe them numerically; beyond reasonable doubt, for example, is often construed as 90 to 95% confidence in the guilt of the defendant. -/- A family of influential cases (...) suggests standards of proof should not be interpreted numerically. These ‘proof paradoxes’ illustrate that purely statistical evidence can warrant high credence in a disputed fact without satisfying the relevant legal standard. In this essay I evaluate three influential attempts to explain why merely statistical evidence cannot satisfy legal standards. (shrink)

In Brazil, the social demand for veterinary expertise is growing. However, there is still a shortage of professionals trained in this area to apply specific knowledge to each case. Studies and research into forensic veterinary medicine are necessary for veterinary experts to assist in investigations and legal proceedings. Veterinary medicine has subjects on its curriculum that cover the knowledge needed to apply in the fields of animal health, public health and the environment. The interaction between human and veterinary medicine, (...) as well as other areas of health, is of great importance in the prevention and control of various diseases, both in animals and humans. Some cases of infectious bovine abortion have a major impact not only on cattle farming and animal health, but also on public and environmental health. The concept of "One Health" integrates human medicine and health professionals. In this context, knowledge of infectious abortive diseases that affect animal, human and environmental health is fundamental. Cattle are affected by specific infectious abortive diseases, caused by pathogens with different forms of presentation and transmission mechanisms. These include brucellosis, leptospirosis and listeriosis, which are potentially zoonotic diseases. Controlling these diseases can contribute to effective public health actions and reduce global health risks. In order to establish the diagnosis of these diseases, it is essential to properly collect specimens from live or dead animals under biosafety and biosecurity conditions, following the chain of custody for each case. These procedures allow for greater success in diagnosing the suspected agent and facilitate the investigation of other causes. Animal health standards for the prophylaxis and control of these diseases are established by specific legislation, including those of the Ministry of Agriculture, Livestock and Supply (MALS). This literature review was based on current knowledge on the Pubmed platform, Google Scholar, articles and textbooks. The aim of this article is to identify, understand and discuss the main infectious abortive diseases of cattle in the legal and forensic context, which have an impact on cattle farming, animal health, food safety, public and environmental health. -/- Referências bibliográficas Abdullah, N. M., Mohammad, W. M. Z. W., Shafei, M. N., Sukeri, S., Idris, Z., Arifin, W. N., Nozmi, N., Saudi, S. N. S., Samsudin, S., & Zainudin, A.-W. (2019). Leptospirosis and its prevention: knowledge, attitude and practice of urban community in Selangor, Malaysia. BMC Public Health, 19(1), 1–8. Agrimani, D. S. R., Rui, B. R., Cruz, I. V, Romano, R. M., & Lopes, H. C. (2011). Retenção de Placenta em Vacas e Éguas: Revisão de Literatura. Revista Científica Eletrônica de Medicina Veterinária, 9(16), 1–12. Albuquerque, F. R. G., Dessanti, G. A., Neto, J. A. A., Marinho, M. R., & Barros, R. B. P. (2018). Os efeitos e consequências da leptospirose na gestação. Cadernos da Medicina-UNIFESO, 1(1), 75–82. Alencar, Á. G. (2001). Do conceito estratégico de segurança alimentar ao plano de ação da FAO para combater a fome. Revista Brasileira de Política Internacional, 44(1), 137–144. Almeida, Í. C., Sena, L. M., Maretto, V., & Martins, C. B. (2019). Aspectos relacionados a retenção de placenta em vacas. PUBVET, 13(1), 1–7. Amaral, J. B., & Tremori, T. M. (2022). Exame de corpo de delito nas perícias de bem-estar em bovinos leiteiros: Revisão. PUBVET, 16(4), 1–14. Amaral, J. B., Tremori, T. M., Silva, W. L., & Reis, H. M. G. (2023). Perícias legal e forense no laboratório veterinário: Revisão. PUBVET, 17(7), e1420. Amaral, J. B., Trevisan, G., Tremori, T. M., & Guerra, S. T. (2018). Fundamentos e aplicações da medicina veterinária forense no bem-estar de bovinos leiteiros: Revisão. PUBVET, 12(2), 1–13. Antoniassi, N. A. B., Santos, A. S., Oliveira, E. C., Pescador, C. A., & Driemeier, D. (2007). Diagnóstico das causas infecciosas de aborto em bovinos. Biológico, 69(2), 69–72. Assis, A. C. S. G., & Braga, R. S. (2020). Responsabilidade técnicas na medicina veterinária. Medvep. Autran, A., Alencar, R., & Viana, R. B. (2017). Cinco liberdades. PETVet Radar, 1(3), 1–2. Barancelli, G. V., Silva-Cruz, J. V., Porto, E., & Oliveira, C. A. F. (2011). Listeria monocytogenes: ocorrência em produtos lácteos e suas implicações em saúde pública. Arquivos Do Instituto Biológico, 78, 155–168. Barbosa, G., Baptista, R. F., Naame, G., & Batalha, F. (2023). Principais irregularidades identificadas pela vigilância sanitária em açougues localizados no município de Nilópolis, Rio de Janeiro. PUBVET, 17(3), 1–9. Basso, D. P., Balzan, V. Z., Schrenk, R. D., Santos, J. L. L., & Cardoso, J. S. (2022). Suspeita de infecção por Rhodococcus equi em pônei neonato: relato de caso. Salão Do Conhecimento, 8(8). BRASIL (1968). Lei Federal nº 5.550, de 28 de dezembro de 1968. Dispõe sobre o exercício da profissão de Médico Veterinário e cria os Conselhos Federal e Regionais de Medicina Veterinária. Diário Oficial da União, Brasília, DF, 29 dez. 1968. BRASIL (1990). Lei Federal nº 8.080, de 19 de setembro de 1990. Dispõe sobre as condições para a promoção, proteção e recuperação da saúde, a organização e o funcionamento dos serviços correspondentes e dá outras providências. Diário Oficial da União, Brasília, DF, 20 set. 1990. BRASIL (1998). Lei Federal nº 9.605, de 12 de fevereiro de 1998. Dispõe sobre as sanções penais e administrativas derivadas de condutas e atividades lesivas ao meio ambiente, e dá outras providências. Diário Oficial da União, Brasília, DF, 13 fev. 1998. BRASIL (1998). Ministério da Saúde, Conselho Nacional de Saúde, Resolução 287, de 8 de outubro de 1998. Dispõe sobre o Plenário do Conselho Nacional de Saúde em reunião nos dias 7 e 8 de 1998. BRASIL (2017). Decreto Federal nº 9.013, de 29 de março de 2017. Estabelece normas para a inspeção técnica e fiscalização sanitária de animais vivos, produtos e subprodutos de origem animal. Diário Oficial da União, Brasília, DF, 30 mar. 2017. BRASIL (2006). Ministério da Agricultura, Pecuária e Abastecimento. Instrução Normativa MAPA nº 65, de 3 de novembro de 2006. Estabelece padrões para garantir a qualidade do sêmen utilizado na reprodução bovina. Diário Oficial da União, Brasília, DF, 6 nov. 2006. BRASIL (2013). Ministério da Agricultura, Pecuária e Abastecimento. Instrução Normativa MAPA nº 50, de 21 de novembro de 2013. Estabelece diretrizes para a coleta de materiais biológicos destinados a exames laboratoriais em animais terrestres. Diário Oficial da União, Brasília, DF, 22 nov. 2013. BRASIL (2017). Ministério da Agricultura, Pecuária e Abastecimento. Instrução Normativa MAPA nº 44, de 20 de setembro de 2017. Estabelece medidas para o controle e erradicação da leptospirose bovina. Diário Oficial da União, Brasília, DF, 21 set. 2017. BRASIL (2018). Ministério da Agricultura, Pecuária e Abastecimento. Portaria MAPA nº 1.138, de 8 de junho de 2018. Normas para a prevenção, controle e erradicação da brucelose e da tuberculose animal. Diário Oficial da União, Brasília, DF, 11 jun. 2018. BRASIL (2017). Instrução normativa nº 10, de 3 de março de 2017. Brasília, Distrito Federal: Diário Oficial da União. 2017. Carvalho, R. F. B., Santos, H. P., Mathias, L. A., Pereira, H. M., Paixão, A. P., Costa Filho, V. M., & Alves, L. M. C. (2016). Frequência de brucelose bovina em rebanhos leiteiros e em seres humanos na região central do estado do Maranhão, Brasil. Arquivos do Instituto Biológico, 83, e1042014. Castro, J. R., Salaberry, S. R. S., Cardoso Neto, A. B., Ávila, D. F., Souza, M. A., & Lima-Ribeiro, A. M. C. (2010). Leptospirose canina-Revisão de literatura. PUBVET, 4, Art-917. Castro, J. R., Salaberry, S. R. S., Ribeiro, V. C., Souza, M. A., & Lima-Ribeiro, A. M. C. (2010). Brucelose canina-Revisão de literatura. PUBVET, 4(41), Art-981. CFMV. (2017). Código de ética do médico veterinário. Diário Oficial da União. Chaiblich, J. V., Lima, M. L. S., Oliveira, R. F., Monken, M., & Penna, M. L. F. (2017). Estudo espacial de riscos à leptospirose no município do Rio de Janeiro (RJ). Saúde em Debate, 41, 225–240. Coiro, C. J., Langoni, H., Silva, R. C., & Ullmann, L. S. (2011). Fatores de risco para leptospirose, leishmaniose, neosporose e toxoplasmose em cães domiciliados e peridomíciliados em Botucatu-SP. Veterinária e Zootecnia, 18(3), 393–407. Correa Júnior, F. F., & Silva, J. R. G. (2021). Responsabilidade técnica de animais de produção na área de produção animal – Confinamento de bovinos. In A. C. S. G. Assis & R. S. Braga (Eds.), Responsabilidade técnico na medicina veterinária. MED VET Livros. Corrêa, S. H. R., Vasconcelos, S. A., Teixeira, A. A., Dias, R. A., Guimarães, M. A. B., & Ferreira Neto, J. S. (2000). Epidemiologia da leptospirose em animais silvestres na Fundação Parque Zoológico de São Paulo. Brazilian Journal of Veterinary and Animal Science, 41(3), 189–193. Costa, M. (2001). Brucelose bovina e equina. In F. Riet-Correa, A. L. Schild, & R. A. A. Lemos (Eds.), Doenças de ruminantes e equinos (pp. 187–197). Varela Editora e Livraria Ltda. Cruz, C. D., Martinez, M. B., & Destro, M. T. (2008). Listeria monocytogenes: Um agente infeccioso ainda pouco conhecido no Brasil. Alimentos e Nutrição, 19, 195–206. Dallari Júnior, J. A. (2021). Direito médico veterinário. Editora Recanto. DA SILVA, Emanuel Isaque Cordeiro. Relação e Efeitos Bioquímico-nutricionais Sobre a Retenção de Placenta em Vacas. 2020. Dias, F. E. F., Aoki, S. M., Mesquita, L. G., Nunes, C. M., & Garcia, J. F. (2006). Detecção de Leptospira pomona em sêmen bovino por eletroforese capilar fluorescente. Brazilian Journal of Veterinary Research and Animal Science, 43(3), 394–399. Donate, B. R. S., Prado, L. B., Espinoza, L. H. C., Fernandes, M. C., Pedrão, M. B. M., & Santos, E. W. C. O. (2022). Conhecimento da população brasileira quanto à leptospirose, sua profilaxia e transmissão. PUBVET, 16(5), 1–8. Esteves, S. B., Santos, C. M., Silva, B. C. S., Salgado, F. F., Guilloux, A. G. A., Cortez, A., Lucco, R. C., & Miotto, B. A. (2023). Time for change? A systematic review with meta-analysis of leptospires infecting dogs to assess vaccine compatibility in Brazil. Preventive Veterinary Medicine, 105869. Ferreira Júnior, J. A., Nascimento, K. A., & Miguel, M. P. (2015). Aborto e morte neonatal por Listeria monocytogenes em ruminantes. Revista de Literatura: Clínica e Cirurgia de Grandes Animais, 14, 85–89. Ferreira, V., Wiedmann, M., Teixeira, P., & Stasiewicz, M. J. (2014). Listeria monocytogenes persistence in food-associated environments: epidemiology, strain characteristics, and implications for public health. Journal of Food Protection, 77(1), 150–170. Fogaça, D. C., Dutra, H., & Oliveira, C. H. (2018). Leptospirose em propriedade rural com histórico de aborto em vacas leiteiras no município de Trindade, Estado de Goiás: Relato de Caso. Enciclopédia Biosfera, 15(27), 108–120. França, C. R., Silva, I. L. N., Costa, W. A., Ferreira, V. L., Castro, L. L., & Toniolli, R. (2023). Aborto em bovinos e bubalinos: Causas específicas e inespecíficas. Ciência Animal, 33(1), 114–128. Freitas, J. A., Galindo, G. A. R., Santos, E. J. C., Sarraf, K. A., & Oliveira, J. P. (2001). Risco de brucelose zoonótica associado a suínos de abate clandestino. Revista de Saúde Pública, 35(1), 101– 102. Genovez, M. E. (2014). Brucelose humana reemerge como preocupante doença ocupacional. Boletim APAMVET, 5(5), 15–19. Genovez, M. E. (2016). Leptospirose em animais de produção. In J. Megid, M. G. Ribeiro, & A. C. Paes (Eds.), Doenças Infecciosas em Animais de Produção e de Companhia (pp. 378–386). Roca, Brasil. Genovez, M. E., & Pituco, E. M. (2020). Causas infecciosas de mortalidade embrionária e fetal em bovinos. In J. Megid, M. G. Ribeiro, & A. C. Paes (Eds.), Doenças infecciosas em animais de produção e de companhia. Roca Ltda. Gombas, D. E., Chen, Y., Clavero, R. S., & Scott, V. N. (2003). Survey of Listeria monocytogenes in ready-to-eat foods. Journal of Food Protection, 66(4), 559–569. Gonçalves, R. C., Faleiro, J. H., Santos, M. N. G., Carvalho, S. A., & Malafaia, G. (2016). Micro- organismos emergentes de importância em alimentos: Uma revisão de literatura. Revista de Saúde e Biologia, 11, 71–83. Kahn, L. H. (2017). Perspective: The one-health way. Nature, 543(7647), S47–S47. Kells, J., & Gilmour, A. (2004). Incidence of Listeria monocytogenes in two milk processing environments, and assessment of Listeria monocytogenes blood agar for isolation. International Journal of Food Microbiology, 91(2), 167–174. Krauzer, A. S., Acher, D. P. F., Oliveira, K. D., Gabriel, J., & Berto, V. (2022). Avaliação do conhecimento dos proprietários e vacinação contra às doenças reprodutivas em bovinos das propriedades na linha Cocal-Rondônia. Revista Ibero-Americana de Humanidades, Ciências e Educação, 8(10), 1893–1902. Kuibida, K. V., & Borges, C. M. N. (2021). Responsabilidade técnica na área de produção animal: confinamento de bovino. Medvep, 179–201. Langoni, H. (1999). Leptospirose: aspectos de saúde animal e de saúde pública. Revista de Educação Continuada Em Medicina Veterinária e Zootecnia Do CRMV-SP, 2(1), 52–58. Larson, C. R., Dennis, M., Nair, R. V, Llanes, A., Peda, A., Welcome, S., & Rajeev, S. (2017). Isolation and characterization of Leptospira interrogans serovar Copenhageni from a dog from Saint Kitts. JMM Case Reports, 4(10), e005120. Lawinsky, M. L. J., Ohara, P. M., Elkhoury, M. R., Faria, N. C., & Cavalcante, K. R. L. J. (2010). Estado da arte da brucelose em humanos. Revista Pan-Amazônica de Saúde, 1(4), 75–84. Leitão, M. V. N., & Cantarino, L. (2021). Hospital escola de grandes animais: Papel na vigilância de zoonoses de importância em saúde pública. PUBVET, 15(7), 1–6. Lima, N. T. S., Araújo, L. R. T., Araújo, B. V. S., Batista, V. H. T., Veloso, L. S., & Leite, A. I. (2020). A Saúde Única na perspectiva da educação popular em saúde. Research, Society and Development, 9(10), e8839109314. Llano, H. A. B. (2013). Revisão e situação atual da brucelose e leptospirose em bovinos no Brasil e na Colômbia. Seminário Apresentado Junto à Disciplina Seminários Aplicados Do Programa de Pós- Graduação Em Ciência Animal Da Escola de Veterinária e Zootecnia da Universidade Federal de Goiás, Goiânia. Loureiro, A. P., & Lilenbaum, W. (2020). Genital bovine leptospirosis: A new look for an old disease. Theriogenology, 141, 41–47. Macedo, I., Homem, J. S., & Carlot, P. A. (2021). A importância da brucelose bovina na saúde pública - Revisão Bibliográfica. Anais Congrega MIC, 17, 7–10. Machado, G. B., Neto, A. C. S., Dewes, C., Fortes, T. P., Pacheco, P. S., Freitas, L. S., Felix, S. R., & Silva, É. F. (2017). Leptospirose Humana: uma revisão sobre a doença e os fatores de risco associados à zona rural. Science And Animal Health, 5(3), 238–250. Maia, A. K., & Pagotto, R. F. (2018). Atuação do médico veterinário na área forense. In G. C. M. Garcia, Y. S. Gonçalves, K. A. Rosa, & L. R. Wolf (Eds.), Tópicos em medicina veterinária legal. Universidade Federal do Paraná, UFPR. Massad, M. R. R., & Massad, J. M. (2017). Responsabilidade profissional. In R. A. Tostes, S. T. J. Reis, & V. V Castilho (Eds.), Tratado de Medicina Veterinária Legal. Medvep. Medeiros, M. I. M., & Oliveira, H. F. (2021). Responsabilidade técnica na área ambiental. In A. C. S. G. Assis & R. S. Braga (Eds.), Responsabilidade técnico na medicina veterinária. MED VET Livros. Megid, J., Ribeiro, M. G., & Paes, A. C. (2016). Doenças infecciosas em animais de produção e de companhia. Guanabara, Koogan. Meirelles-Bartoli, R. B., Sousa, D. B., & Mathias, L. A. (2014). Aspectos da brucelose na saúde pública veterinária. PUBVET, 8, 1136–1282. Mesquita, M. O., Trevilato, G. C., Saraiva, L. H., Schons, M. S., & Garcia, M. I. F. (2016). Material de educação ambiental como estratégia de prevenção da leptospirose para uma comunidade urbana reassentada. Cadernos Saúde Coletiva, 24(1), 77–83. Mineiro, A. L. B. B., Bezerra, E. E. A., Vasconcellos, S. A., Costa, F. A. L., & Macedo, N. A. (2007). Infecção por leptospira em bovinos e sua associação com transtornos reprodutivos e condições climáticas. Arquivo Brasileiro de Medicina Veterinária e Zootecnia, 59, 1103–1109. Miranda, M. (2018). A contribuição do médico veterinário a saúde única-one health. Psicologia e Saúde em Debate, 4(Suppl1), 34. Mohammed, H. O., Atwill, E., Dunbar, L., Ward, T., McDonough, P., Gonzalez, R., & Stipetic, K. (2010). The risk of Listeria monocytogenes infection in beef cattle operations. Journal of Applied Microbiology, 108(1), 349–356. Nardi Júnior, G., Ribeiro, M. G., Monteiro, F. M., Jesus, T. L., & Vieira, R. M. (2012). Brucelose em touros: Uma visão da doença no Brasil com ênfase ao diagnóstico e sua importância ao agronegócio. Tekhne e Logos, 3(3), 33–53. Nascimento, A. J. S., & Nardi Júnior, G. (2022). Programa de controle e erradicação da brucelose e tuberculose animal. Tekhne e Logos, 13(2), 34–43. Nascimento, R. A. P. (2017). Gestão de laboratórios oficiais de defesa agropecuária. Universidade de Brasília. Nobre, M. M., Azevedo, R. A., Campos, E. F., Lage, C. F. A., Glória, J. R., Saturnino, H. M., & Coelho, S. G. (2018). Impacto econômico da retenção de placenta em vacas leiteiras. Pesquisa Veterinária Brasileira, 38(3), 450–455. NUTRICIONAL. (2011). Plano Nacional de Segurança Alimentar e Nutricional: 2012/2015. Ministério da Agricultura. Oliveira, S. V., Arsky, M. L. N. S., & Caldas, E. P. (2013). Reservatórios animais da leptospirose: Uma revisão bibliográfica. Saúde (Santa Maria), 39(1), 9–20. Oliveira-Neto, R. R., Souza, V. F., Carvalho, P. F. G., & Frias, D. F. R. (2018). Nível de conhecimento de tutores de cães e gatos sobre zoonoses. Revista de Salud Pública, 20, 198–203. Ortigoza, S., & José, M. (2018). Aborto bovino: Revisión de sus factores etiológicos. In Universidad Cooperativa de Colombia (pp. 1–22). Universidad Cooperativa de Colombia, Facultad de Ciencias de la Salud. Pellegrin, A. O., Guimaraes, P. H. S., Sereno, J. R. B., Figueiredo, J. P., Lage, A. P., Moreira, E. C., & Leite, R. C. (1999). Prevalência da leptospirose em bovinos do Pantanal Mato-Grossense. Corumbá: Embrapa Pantanal, 1999. Pereira, P. A. C., Ferreira, A. M., & Carvalho, L. B. (2009). Perfil sorológico das leptospiroses em rebanhos bovinos leiteiros da região do Vale do Parnaíba-SP. Revista Brasileira de Reprodução Animal, 28(3), 174–176. Pfuetzenreiter, M. R., Zylbersztajn, A., & Avila-Pires, F. D. (2004). Evolução histórica da medicina veterinária preventiva e saúde pública. Ciência Rural, 34(5), 1661–1668. Pinillos, R. G. (2018). One welfare: A framework to improve animal welfare and human well-being. Cabi. Poester, F. P., Goncalves, V. S. P., & Lage, A. P. (2002). Brucellosis in Brazil. Veterinary Microbiology, 90(1–4), 55–62. Porto, Y. F., Pinto Neto, A., Bernardi, F., Possa, M. G., Mota, M. F., Martinez, A. C., Merlini, L. S., & Berber, R. C. (2018). Occurrence of brucellosis, leptospirosis and neosporosis in cows with retained placenta in Southwest Paraná, Brazil. Pesquisa Veterinária Brasileira, 38(8), 1537–1542. Radostits, O. M., Gay, C. C., Blood, D. C., Hinchcliff, K. W., & McKenzie, R. A. (2010). Clínica Veterinária: um tratado de doenças dos bovinos, ovinos, suínos, caprinos e eqüinos (Vol. 1). Guanabara Koogan. Ramos, T. M. V., Balassiano, I. T., Silva, T. S. M., & Nogueira, J. M. R. (2022). Leptospirose: Características da enfermidade em humanos e principais técnicas de diagnóstico laboratorial. Revista Brasileira de Análises Clínicas, 53(3), 211–218. Ribeiro, A. C. A., Araújo, R. V., Rosa, A. S. M., Silva, P. N., Moraes, S. C., & Katagiri, S. (2020). Zoonoses e educação em saúde: Conhecer, compartilhar e multiplicar. Brazilian Journal of Health Review, 3(5), 12785–12801. Rocha, C. F., Mol, J. P. S., Garcia, L. N. N., Costa, L. F., Santos, R. L., & Paixão, T. A. (2017). Comparative experimental infection of Listeria monocytogenes and Listeria ivanovii in bovine trophoblasts. Plos One, 12, 1–13. Rocha, N. S. (2017). Corpo de delito e processos por erro médico veterinário. In R. A. Tostes, S. T. J. Reis, & V. V Castilho (Eds.), Tratado de medicina veterinária legal. Medvep. Rossi, M., Paiva, A., Tornese, M., Chianelli, S., & Troncoso, A. (2008). Brotes de infección por Listeria monocytogenes: Una revisión de las vias que llevan a su aparición. Revista Ciencia y Tecnologia, Escuela de Postgrado, 25, 328–335. Sá, M. I., & Ferreira, C. (2007). Importância das zoonoses na segurança alimentar. Infoqualidade, 11, 14–17. Sakate, R. I., Aragon, L. C., Raghiante, F., Landgraf, M., Franco, B. D. G. M., & Destro, M. T. (2003). Quantificação de Listeria monocytogenes em salames fatiados embalados a vácuo. Archivos Latinoamericanos de Nutrición, 53, 1–5. Salmanov, A. G., Kotsyumbas, I. Y. А., & Trokhymchuk, V. V. (2018). One World — One Health. International Journal of Antibiotics and Probiotics, 2(1), 8–17. Santana, L., Novelli, M., Vidal, A., Pereira, S., Gasparinni, L., Alvarenga, A. M. O., & Motta, O. J. R. (2020). Brucelose: atualização para a prática clínica. Saúde Dinâmica, 5(3), 1–14. Santos-Filho, A. M. P., & Mayrink, R. R. (2017). Medicina Veterinária Forense. In J. A. Velho, G. C. Geiser, & A. Espíndula. (Eds.), Ciências Forenses, uma introdução às principais áreas da criminalística moderna. Millennium. Schmitt, C. I., Krug, F. D. M., Cereser, N. D., & Pinto, F. R. (2017). Brucelose: uma questão de saúde pública. REDVET. Revista Electrónica de Veterinária, 18(9), 1–17. Silva, H. R., Gianoglou, F. M., Campos, M. F., Graciano, E. M. A., & Toledo, R. C. C. (2016). Listeriose: Uma doença de origem alimentar pouco conhecida no Brasil. Higiene Alimentar, 30, 17– 20. Simões, L. S., Sasahara, T. H. C., Favaron, P. O., & Miglino, M. A. (2016). Leptospirose–Revisão. PUBVET, 10, 111–189. Slowinski, K., Tremori, T. M., Massad, M. R. R., Tasaka, A. C., & Rocha, N. S. (2016). Responsabilidade ética e civil do médico-veterinário no ambiente hospitalar. Revista de Educação Continuada em Medicina Veterinária e Zootecnia Do CRMV-SP, 14(2), 30–37. Snak, A., & Osaki, S. C. (2019). Uma revisão sobre três importantes agentes causadores de aborto em bovinos: Neospora caninum, Leptospira sp. e Trypanosoma vivax. Revista de Ciência Veterinária e Saúde Pública, 6(1), 160–195. Sobrinho, O. P. L., Véras, G. M. C., Silva, L. F. B., Oliveira, L. S., Xavier, R. S., Alvim, J. F., Costa, D. A. S., Pereira, Á. I. S., Carlos, M. A. S., Cantanhede, E. K. P., & Santos, M. L. C. (2018). Brucelose bovina: Situação epidemiológica em rebanhos no município de Codó-MA. PUBVET, 12(12), 1–4. Souza, A. O. (2010). Listeriose na gravidez. Revista Médica de Minas Gerais, 20, 433–434. Suárez, Á. C. A., & Parra, C. A. B. (2017). Actualización de la leptospirosis bovina en Colombia. Conexión Agropecuaria JDC, 7(1), 57–77. Tonin, A. A., Azevedo, M. I., Escobar, T. P., Casassola, I., Santos, L. G., Cocco, M., Martins, J. L. R., Schaefe, P. C., & Badke, M. R. T. (2010). Leptospirose bovina: aumento na incidência da Leptospira interrogans sorovar butembo no rebanho do Estado de Santa Catarina, Brasil. Acta Veterinaria Brasilica, 4(4), 294–297. Topazio, J., Tonin, A. A., Machado, G., Noll, J. C. G., Ribeiro, A., Moura, A. B., Carmo, G. M., Grosskopf, H. M., Martins, J. L. R., & Badke, M. R. T. (2015). Antibodies to Leptospira interrogans in goats and risk factors of the disease in Santa Catarina (West side), Brazil. Research in Veterinary Science, 99, 53–57. Tremori, T. M., & Rocha, N. S. (2013). Exame do corpo de delito na Perícia Veterinária (ensaio). Revista de Educação Continuada em Medicina Veterinária e Zootecnia do CRMV-SP, 11(3), 30–35. Urzêda, M., Ribeiro, P. G. M., Nascente, E. P., Espíndola, W. R., Teodoro, J. V. S., Gonçalves, G. B., Carneiro, Y. F., & Souza, W. J. (2020). Soroprevalência de leptospirose em fêmeas bovinas na microrregião do Vale Do Rio Dos Bois, Goiás, Brasil. Brazilian Journal of Development, 6(9), 69614–69622. Vallim, D. C., Barroso Hofer, C., Lisbôa, R. de C., Barbosa, A. V., Rusak, L. A., Reis, C. M. F., & Hofer, E. (2015). Twenty years of Listeria in Brazil: Occurrence of Listeria species and Listeria monocytogenes serovars in food samples in Brazil between 1990 and 2012. BioMed Research International, 2015. Vasconcelos, C. H., Fonseca, F. R., Lise, M. L. Z., & Arsky, M. (2012). Fatores ambientais e socioeconômicos relacionados à distribuição de casos de leptospirose no Estado de Pernambuco, Brasil, 2001-2009. Caderno de Saúde Coletiva, 20(1), 49–56. Viana, K. F., & Zanini, M. S. (2009). Perfil de produtores frente à vacinação contra doenças infecciosas abortivas em rebanhos bovinos do município de Alegre/ES. Archives of Veterinary Science, 14(2), 103–108. Vitas, A. I., & Garcia-Jalon, V. A. E. I. (2004). Occurrence of Listeria monocytogenes in fresh and processed foods in Navarra (Spain). International Journal of Food Microbiology, 90(3), 349–356. (shrink)

With his contribution on "The Natural Law in the American Tradition," Judge Diarmuid O'Scannlain has begun the indispensable task of laying the groundwork for sound jurisprudential reasoning in the natural law tradition. It is on the basis of this groundwork that we can begin to appreciate what natural law reasoning might mean, and what it does not mean, for contemporary American legal thinking. More specifically, it is on the basis of this groundwork that one can begin to articulate what (...) might be called a "third way" of jurisprudential reasoning. This "third way" would steer clear of two opposed and equally problematic jurisprudential views; that is, it would steer clear of what we might call "standard legal positivism" (on the one hand), and (on the other hand) what Judge O'Scannlain calls the "aggressive" natural law jurisprudence of some contemporary theorists. (shrink)

Some types of solar radiation management (SRM) research are ethically problematic because they expose persons, animals, and ecosystems to significant risks. In our earlier work, we argued for ethical norms for SRM research based on norms for biomedical research. Biomedical researchers may not conduct research on persons without their consent, but universal consent is impractical for SRM research. We argue that instead of requiring universal consent, ethical norms for SRM research require only political legitimacy in decision-making about global SRM (...) trials. Using Allen Buchanan & Robert Keohane's model of global political legitimacy, we examine several existing global institutions as possible analogues for a politically legitimate SRM decision-making body. (shrink)

In three empirical studies we examined how people reason about prior convictions in child abuse cases. We tested whether the disclosure of similar prior convictions prompts a mental representation or an additive probative value (Criminal Justice Act, 2003). Asymmetrical use of similar priors were observed in three studies. A pilot study showed that disclosure of a second prior did not contribute a weight equivalent to that of the first disclosure. Study 1 showed jurors did not see left-handed evidence (i.e. matching (...) victim bruising) as more indicative of guilt than right-handedness unless a prior conviction was present, and the presence of priors suppressed the generation of alternative possibilities indicative of innocence. Study 2 showed that disclosure did not decrease community ratings of reoffending propensity and dangerousness as much as a similar prior conviction increased them. We consider the results in the context of a new psychological theory of prior conviction bias and the consequences for the implementation of Section 100 of the Criminal Justice Act (2003). (shrink)

The present paper argues that a right to work, defined as social and legal guarantees to fair conditions of employment, should be an essential part of a democratic state with market arrangements. This argument proceeds along the following lines. First, I reconstruct an account of rights that defends the “correlativity” thesis of rights and duties. The basic idea is that a social member’s legitimate demand to something of value, such as gainful employment, implies duties on the part of others (...) to respect and fulfill it. These duties include the following with regard to that demand: avoiding actions that cause the harm, protecting it against standard threats, and otherwise providing aid in case it is deprived. Second, I sketch an outline of what a right to work will entail in terms of the correlative duties just described. This means that respect and fulfillment of the demand will require both social members and the democratic state alike to guarantee fair conditions of employment: first, by forbearing from actions that deprive members of access to work; and second, by protecting members against threats of deprivation and aiding them when they are so deprived. Third, I answer some ethical and empirical objections to the idea of a right to work: that it violates the legal rights of owners and employers, fails to impart self-respect, lacks economic efficiency, and erodes human capital by undermining competitive incentives. Finally, I make some concluding observations that a democratic right to work so conceived is ethically and economically superior to alternative arrangements that neither respect nor fulfill these correlative duties to avoid harm, protect against threats, and provide aid in cases of deprivation. (shrink)

The meaning of an utterance is often enriched by the pragmatic context in which it is uttered. This is because in ordinary conversations we routinely and uncontroversially compress what we say, safe in the knowledge that those interpreting us will ‘add in’ the content we intend to communicate. Does the same thing hold true in the case of legal utterances like ‘This constitution protects the personal rights of the citizen’ or ‘the parliament shall have the power to lay and (...) collect taxes’? This article addresses this question from the perspective of the constitutional originalist—the person who holds that the meaning of a constitutional text is fixed at some historical moment. In doing so, it advances four theses. First, it argues that every originalist theory is committed to some degree of pragmatic enrichment, the debate is about how much. Second, that in determining which content gets ‘added in’, originalists typically hold to a common knowledge standard for enrichment, protestations... (shrink)

This article considers the role of law as an active force in educating citizens on norms of the society. The norms are created and enforced in the law in general, but of particular importance are those in environmental law. In environmental law the environment is not protected only for the sake of serving human beings. To learn this lesson, however, one must look at the specifics of the law and its application. Some laws purport to be concerned with the environment (...) for its own sake, but a review of the language of that law shows it to be indirectly benefitting humans. (shrink)

Since approval of the EU General Data Protection Regulation (GDPR) in 2016, it has been widely and repeatedly claimed that the GDPR will legally mandate a ‘right to explanation’ of all decisions made by automated or artificially intelligent algorithmic systems. This right to explanation is viewed as an ideal mechanism to enhance the accountability and transparency of automated decision-making. However, there are several reasons to doubt both the legal existence and the feasibility of such a right. In contrast (...) to the right to explanation of specific automated decisions claimed elsewhere, the GDPR only mandates that data subjects receive meaningful, but properly limited, information (Articles 13-15) about the logic involved, as well as the significance and the envisaged consequences of automated decision-making systems, what we term a ‘right to be informed’. Further, the ambiguity and limited scope of the ‘right not to be subject to automated decision-making’ contained in Article 22 (from which the alleged ‘right to explanation’ stems) raises questions over the protection actually afforded to data subjects. These problems show that the GDPR lacks precise language as well as explicit and well-defined rights and safeguards against automated decision-making, and therefore runs the risk of being toothless. We propose a number of legislative and policy steps that, if taken, may improve the transparency and accountability of automated decision-making when the GDPR comes into force in 2018. (shrink)

Over the last decade, philosophers of science have extensively criticized the epistemic superiority of randomized controlled trials for testing safety and effectiveness of new drugs, defending instead various forms of evidential pluralism. We argue that scientific methods in regulatory decision-making cannot be assessed in epistemic terms only: there are costs involved. Drawing on the legal distinction between rules and standards, we show that drug regulation based on evidential pluralism has much higher costs than our current RCT-based system. We analyze (...) these costs and advocate for evaluating any scheme for drug regulatory tests in terms of concrete empirical benchmarks, like the error rates of regulatory decisions. (shrink)

Internal audit, management review, and account reconciliation are popular tools for combating corporate fraud, but whistle-blowing is the most prevalent. Whistle-blowers frequently fear reprisal from coworkers and bosses. That is why they require protection and support. Many international organizations have advocated that countries adopt regulatory frameworks for protecting whistle-blowers. Therefore, the current study investigates the notion of whistle-blowing to compare it to Public Interest Disclosure Act 2017 of Pakistan, which was enacted. It identifies the influence of legal and (...) ethical cultural norms in organizations on whistle-blowing behaviour. (shrink)

Many of us assume that all the free editing and sorting of online content we ordinarily rely on is carried out by AI algorithms — not human persons. Yet in fact, that is often not the case. This is because human workers remain cheaper, quicker, and more reliable than AI for performing myriad tasks where the right answer turns on ineffable contextual criteria too subtle for algorithms to yet decode. The output of this work is then used for machine learning (...) purposes to generate algorithms constructed from large data sets containing thousands of correctly coded observations. The fact that ghost workers are treated as consumers distorts the basic logic of the employment relationship, effectively placing the worker-as-consumer in the worst of both worlds, in which they hold the legal rights of neither group. This puts them in a regulatory limbo position in which they have little or no protection, control, or guarantee of return on investment. This is because the platforms that facilitate ghost work have orchestrated a three-way virtual relationship that absolves all parties of responsibility, while placing nearly all the risks and opportunity costs squarely on the shoulders of the workers. As a result, we believe such a work arrangement as it stands, does not uphold basic standards of Rawlsian justice as fairness. (shrink)

This piece of writing has investigated the legal and institutional frameworks regulating rural land governance in Ethiopia by taking the comparative analysis of rural land governance of other African countries, namely Ghana, Kenya and Uganda. The best experience of these countries on the legal and institutional frameworks is examined so as to draw a lesson for the Ethiopian land governance system. The article has employed doctrinal legal research approach and rural land legislations of the country were investigated (...) in great detail. The article has also comparative aspect because, it has drawn lessons from the legal regimes of other African countries that have best experience on the legal and institutional frameworks governing rural lands. Ethiopia can draw many good practices from Ghanaian, Kenyan and Ugandan rural land governance. Rural land legislations in these countries have given sufficient room for the protection of customary land rights and these rights are equally compensated at the time of compulsory acquisition of land use rights. In addition to these, land legislations in these countries compensate owners not only for the value of the produce upon their land but also for the market value of the land taken, cost of disturbance and other damage like severance and injurious affection. So, this can be a good lesson for Ethiopia in order to consider the life of individuals whose land is being expropriated but unable to rehabilitate to their past economic situation after compulsory acquisition. Ethiopia can also acquire a good lesson from these countries on the mode of institutional arrangement governing rural land administration is concerned. In all these African countries, the mandate to administer land is arranged at the ministry level at the apex and there are also other independent sector based institutions up to the lowest administrative hierarchy. Ethiopia, that governs land at the directorate level under the Ministry of Agriculture at the top and bureau of land and environmental protection at the middle and land and environmental protection offices/departments at the lower administrative level can capture this good practice from Ghana, Kenya and Uganda in order to give sufficient room for this vital economic resource that is livelihood for mass populations of the country. (shrink)

The article deals with relations between the individual and human rights on the one hand, and the State on the other, in the context of the Constitution of the Republic of Poland. The author poses the question whether the idea of subordination of the State to the individual is really a central idea of that constitution. He puts forward many arguments against such suggestion. These arguments relate, above all, to the arrangement of the constitution: a chapter concerning human rights is (...) chapter II, while chapter I deals with foundation of the State; the goals of the State are specified in the preamble including the following initial phrase “the existence and future of Poland as our Homeland” and in Article 5 where human rights are as subject of protection by the State is mentioned after independence and integrity of [its] territory; a general concept of human rights protection adopted in the constitution is dominated by the structures typical of law in its objective sense; the way of regulation admissible limitations on human rights differs from international standards; possibility of claiming human rights is constitutionally guaranteed, mostly by constitutional complaint which is above all aimed at correction of legal system, rather than claiming of rights by the individual; Article 1 (“The Republic of Poland shall be the common good of all its citizens”) interpreted as referring to Article 1 paragraph 1 of the April Constitution of 1935, one of the main ideas of which was precedence of the State over the individual. He also analyses the arguments in favour of the recognition of the idea of subordination of the State. Nevertheless, they cannot be accepted as resolving the question of whether it is a central idea of the constitution. These arguments include in particular: the principle of subsidiarity contained in the preamble, even if it has not been appropriately emphasized there; recognition of inherent and inalienable dignity of the person, but it was not until Article 30 that this provision has been contained and it does not determine the relations between the human dignity and rights and the State. The author suggests that the only conclusive way to justify the subordination of the State in relation to the individual as a central idea of the constitution is by means of Article 1. Taking into account, above all, preparatory work, we should reject the interpretation of that article referring to the April (1935) Constitution. Essential interpretative context may be found in preparatory work and social teachings of the Catholic Church, referred to therein. In that case, the common good means the entirety of the conditions of social life which favour the human development. These conditions include above all the respect for human dignity. Such interpretation of Article 1 gives priority to proposals on what the State should be to serve the individual rather than to safeguard obligations of citizens in relation to the State. (shrink)

A high standard of planetary protection is important for astrobiology, though the risk for contamination can never be zero. It is therefore important to find a balance. If extraterrestrial life has a moral standing in its own right, it will also affect what we have to do to protect it. The questions of how far we need to go to protect extraterrestrial life will be even more acute and complicated when the time comes to use habitable worlds for (...) commercial purposes. There will also be conflicts between those who want to set a world aside for more research and those who want to give the green light for development. I believe it is important to be proactive in relation to these issues. The aim of my project is therefore to identify, elucidate, and if possible, suggest solutions to potential conflicts between astrobiology, planetary protection, and commercial use of space. (shrink)

The fourth amendment to the German Medicinal Products Act (Arzneimittelgesetz) states that nontherapeutic research in incompetent populations is permissible under the condition that potential research participants expressly declare their wish to participate in scientific research in an advance research directive. This article explores the implementation of advance research directives in Germany against the background of the international legal and ethical framework for biomedical research. In particular, it addresses a practical problem that arises from the disclosure requirement for advance research (...) directives. We show that, if the disclosure standard for advance research directives is set at a token level, nontherapeutic research in incompetent populations becomes practically impossible. To resolve this issue, we suggest the disclosure standard be set at a type level. (shrink)

Protection of emergent works is impossible. Without an author, there is no expression of ideas which can be original, and thus no copyrightable work. Indeed, the whole system of copyright law, its conceptual building blocks of idea-expression dichotomy, originality, authorship, and the concept of a protectable work operate in the notation of human creativity. Emergent works fall outside of copyright’s positive ontology, being akin to ideas, facts, or subject-matter predicated by technical considerations, rather than authorial creativity. In other words, (...) they do not exist as things in law and thus cannot as such be owned. Rather, like any idea, they can be transformed through creative expression of an author–– possibly becoming works, but also not being authorless or emergent anymore. This is argued as a matter of the U.S. and EU legal doctrines, the international framework, and copyright theory. (shrink)

Disciplinary issues -- Field studies -- Appendix: Theory of law : legal ethnography, or, the theoretical fruits of the inquiries into folkways. /// Reedition of papers in English spanning from 1995 to 2008 /// DISCIPLINARY ISSUES -- LAW AS CULTURE? [2002] 9–14 // TRENDS IN COMPARATIVE LEGAL STUDIES [2002] 15–17 // COMPARATIVE LEGAL CULTURES: ATTEMPTS AT CONCEPTUALISATION [1997] 19–28: 1. Legal Culture in a Cultural-anthropological Approach 19 / 2. Legal Culture in a Sociological Approach 21 (...) / 3. Timely Issues of Central and Eastern Europe 24 // COMPARATIVE LEGAL CULTURES? [2001] 29–48: 1. Legal Comparativism Challenged 29 / 2. Comparative Legal Cultures versus Comparative Law 34 / 3. Contrasting Fields 40 [a) The Historical Understanding of Socialist Law 42 / b) Convergence of Civil Law and Common Law 44] 4. Concluding Remarks 46 // THEATRUM LEGALE MUNDI: ON LEGAL SYSTEMS CLASSIFIED [2005] 49–75: 1. Preliminaries 49 / 2. Proposals 50 / 3. Impossible Taxonomy, or the Moment of Practicality in Legal Mapping 69 / 4. Diversity as a Fundamental Quality of Human Existence 74 // LEGAL TRADITIONS? IN SEARCH FOR FAMILIES AND CULTURES IN LAW [2004] 77–97: 1. Comparative Law and the Comparative Study of Legal Traditions 78 / 2. ‘System’, ‘Family’, ‘Culture’, and ‘Tradition’ in the Classification of Law 80 / 3. Different Traditions, Differing Ways of Thinking 85 / 4. Different Expectations, Differings Institutionalisations in Law 88 / 5. Different “Rationalities”, Differing “Logics” 92 / 6. Mentality in Foundation of the Law 94 / 7. Defining a Subject for Theoretical Research in Law 96 // SOMETHING NEW, SOMETHING OLD IN THE EUROPEAN IDENTITY OF LAW? [1995] 99–102 --- FIELD STUDIES -- MEETING POINTS BETWEEN THE TRADITIONS OF ENGLISH–AMERICAN COMMON LAW AND CONTINENTAL-FRENCH CIVIL LAW: DEVELOPMENTS AND EXPERIENCE OF POSTMODERNITY IN CANADA [2002] 105–130: I. Canadian Law in General 105 / II. Canadian Legal Developments in Particular [1. The Transformation of the Role of Precedents 112 / 2. The Transformation of Law-application into a Collective, Multicultural and Multifactorial Search for a Solution 116 / 3. Practical Trends of Dissolving the Law’s Positivity 120 / 4. New Prerogatives Acquired by Courts 125 {a) Unfolding the Statutory Provisons in Principles 126 / b) Constitutionalisation of Issues 127 / c) The Supreme Court as the Nation’s Supreme Moral Authority 129}] // MAN ELEVATING HIMSELF? DILEMMAS OF RATIONALITY IN OUR AGE [2000] 131–163: I. Reason and its Adventures 1. Progress and Advance Questioned 131 / 2. The Human Search for Safety Objectified 133 / 3. Knowledge Separated from Wisdom 135 / 4. Pure Intellectuality thereby Born 137 / II. The Will-Element Formalised in Law 5. Mere Voluntas in the Foundation of Legal Positivism 141 / 6. Formalism with Operations Fragmented 145 / III. The State of America Exemplified 7. “Slouching into Gomorrah” 147 / IV. Consequences 8. Utopianism-cum-Voluntarism 154 / 9. With Logic in Posterior Control of Human Formulations Only 159 / V. Perspectives 10. And a Final Resolution Dreamed about 161 // RULE OF LAW? MANIA OF LAW? ON THE BOUNDARY BETWEEN RATIONALITY AND ANARCHY IN AMERICA [2002] 165–180: {Transformation of American Law and Legal Mentality 165 / With Repercussions on the Underlying Ethos 168 / Legislation through Processualisation 170 / With Hyperrationalism Added 172 / Example: Finding Lost Property 172 / Practicalness Veiled by Verbal Magic 173 / Ending in Jurispathy 175 / Transubstantiating the Self-interest of the Legal Profession 178 / Post-modernity, Substituting for Primitiveness 178} // TRANSFERS OF LAW: A CONCEPTUAL ANALYSIS [2003] 181–207: 1. Terms 182 / 2. Technicality 190 / 3. Contrasts in Transfers of Law 200 {Contrasts 200 / Criticisms 202 / Alternatives205} 4. Conclusions 206 // THE DANGERS FOR THE SELF OF BEING SELF-CENTRED: ON STANDARDS AND VALUES [2002] 209–212 --- APPENDIX -- THEORY OF LAW – LEGAL ETHNOGRAPHY, OR THE THEORETICAL FRUITS OF THE INQUIRIES INTO FOLKWAYS [2008] 213–234 1. Encounters 213 / 2. Disciplines 218 / 3. The Lawyerly Interest 223 / 4. Law and/or Laws 226 / 5. Conclusion 233 --- Index of Subjects 235 / Index of Normative Materials 242 / Index 244 . (shrink)

Awarding rights to rivers, forests, and other environmental entities (EEs) is a new and increasingly popular approach to environmental protection. The distinctive feature of such rights of nature (RoN) legislation is that direct duties are owed to the EEs. This paper presents a novel rebuttal of the strongest argument against RoN: the no interest argument. The crux of this argument is that because EEs are not sentient, they cannot possess the kinds of interests necessary to ground direct duties. Therefore, (...) they cannot be legitimate rights-bearers. After considering and rejecting standard responses to this argument, the paper challenges its fundamental assumption: that rights-correlative duties must be grounded in the interests of the rights-bearer. The paper then presents the RoN critic with a dilemma. The critic must either accept that EEs are legitimate rights-bearers, or delegitimise many well-established rights-bearers along with EEs. Either way, the no interest argument loses its force. (shrink)

The concept of artificial intelligence is not new nor is the notion that it should be granted legal protections given its influence on human activity. What is new, on a relative scale, is the notion that artificial intelligence can possess citizenship—a concept reserved only for humans, as it presupposes the idea of possessing civil duties and protections. Where there are several decades’ worth of writing on the concept of the legal status of computational artificial artefacts in the USA (...) and elsewhere, it is surprising that law makers internationally have come to a standstill to protect our silicon brainchildren. In this essay, it will be assumed that future artificial entities, such as Sophia the Robot, will be granted citizenship on an international scale. With this assumption, an analysis of rights will be made with respect to the needs of a non-biological intelligence possessing legal and civic duties akin to those possessed by humanity today. This essay does not present a full set of rights for artificial intelligence—instead, it aims to provide international jurisprudence evidence aliunde ab extra de lege lata for any future measures made to protect non-biological intelligence. (shrink)

For the past three years, Coronavirus-19 (Covid-19) has become one of the major global health problems. Unlike any previous virus in the past decades, Covid-19 has shown its unprecedented spreading speed, infection rate, fatality rate, etc. Under this urgent disease outbursting event, scientists around the globe, through the myriad of research and experiments, successfully developed effective vaccines. However, like many other medical innovations, Covid-19 vaccines are categorized as intellectual properties and a scarce resource. As a consequence, the citizens of developed (...) and developing countries face an imbalanced distribution of affordable vaccines. The formation of this issue is not only due to manufacturing, transportation, and other infrastructures, but also strongly correlated with aspects in the legal field, such as intellectual property rights (IPRs). With a humane common sense of vaccination many people, through comparative research method, this article aims to discuss the conflicts between the global crisis of Force Majeure and the interests of certain countries or corporations, possible solutions to resolve this conflict, and future coping strategies that ought to be published. (shrink)

A safe and secure environment is an essential part of the early childhood development of any child. This study aims to investigate the safety and protection practices of early childhood centers in the Anambra state, Nigeria, and to determine if any improvements can be made to them. This study analyzed data collected from 60 Early Childhood Care Centers (ECCE Centers) and 60 Pre-Primary Schools (Preprimary School) in Anambra State using the Evaluation of ECCE Implementation Kit (KEIEP), direct observation, and (...) unstructured interviews, all of which were conducted using the evaluation tool. Using descriptive statistics, chi-squares, and student t-statistics, the data were analyzed. According to the results of this study, 28.0% of the private ECCE centers were in compliance with the requirements for enough space for children to play, fenced facilities, a standard first aid box, a splint bandage and an antiseptic. It is important to note that the majority of public early childhood education centers (62.0%) comply with the requirements for fencing, a first aid box, splint bandages, cotton wool, antiseptic, scissors, methylated spirit, liniment, analgesics, and thermometers, whereas 31% of those centers do not have the remaining seven practices. A conclusion of the study was that both private and public ECCE centers in Anambra State comply with the safety and protection provisions and practices in place. (shrink)

There is uncertainty and disagreement about the question which preventive actions are rationally justified with regard to moderately elevated levels of nuclear radiation. This may have at least four causes: ignorance, insufficient information, inconclusiveness and indeterminability. After the nuclear disaster with the Fukushima nuclear power plant the advice, given by some authorities, to leave Tokyo was largely based on the former two factors: ignorance and insufficient information. By contrast, the uncertainty and disagreement amongst experts about the size of the (...) area to be evacuated was mainly caused by the latter two factors: inconclusiveness and indeterminability. Inconclusiveness concerns the question whether moderately elevated radiation levels cause real and significant health risks that require drastic measures. Indeterminability concerns the problem of rationally weighing disparate benefits and costs of the preventive measures, to wit, expected health benefits versus the costs and burdens of mass evacuation. The International Commission on Radiological Protection (ICRP) recommends that no measures should be taken unless they produce a positive net benefit. Exposure to moderately increased levels of radiation may increase the risk of fatal cancer in the future, while mass evacuation has burdensome and disruptive consequences for the society and for the persons who have to leave their residential and/or working area for a long time. Ordering of mass evacuation seems rationally and ethically justified only if the expected future benefits outweigh the present and future burdens. Small or uncertain future health benefit may be outweighed by large costs and burdens of mass evacuation. Because we have to take into consideration not only public but also individual costs and benefits, it is important to take into account the personal absolute increase in health risk of elevated radiation in addition to relative risk. Unlike relative risk, absolute risk reveals the individual chance of getting a radiation-based disease. The increase in absolute risk – that is, the difference between the chances of getting the disease with and without the exposure to the increased level of radiation – is a useful measure to reveal the personal chance of health benefit from evacuation. This personal benefit must be balanced against the personal costs and burdens. The key question is which levels of radiation absorption and health risks outweigh the burdens of mass evacuation. There seems consensus amongst experts about the justification of mass evacuation in cases of expected individual radiation absorption > 500 mSv over a year. Similarly, experts agree that expected extra radiation absorption < 10 mSv does not justify mass evacuation. But between these two extremes there is a wide range of 50-fold increasing radiation levels in which it is not clear whether the personal and public benefits from mass evacuation outweigh the personal and public costs. This may partly explain why experts and authorities gave conflicting advice about the radius of the area around the Fukushima nuclear power plant within which people had to be evacuated. The uncertainty about the right thing to do with respect to a wide range of moderately elevated levels of radiation seems to be caused not only by inconclusiveness but also by indeterminability, that is, impossibility of determinately weighing disparate costs and benefits. (shrink)

Modern neurotechnologies are rapidly infringing on conventional notions of human dignity and they are challenging what it means to be human. This article is a survey analysis of the future of the digital age, reflecting primarily on the effects of neurotechnology that violate universal human rights to dignity, self-determination, and privacy. In particular, this article focuses on neuromarketing to critically assess potentially negative social ramifications of under-regulated neurotechnological application. Possible solutions are critically evaluated, including the human rights claim to the (...) ‘right to mental privacy’ and the suggestion of a new human right based on spiritual jurisdiction, where the human psyche is a legal space in a substantive legal setting. (shrink)

Is it right to convict a person of a crime on the basis of purely statistical evidence? Many who have considered this question agree that it is not, posing a direct challenge to legal probabilism – the claim that the criminal standard of proof should be understood in terms of a high probability threshold. Some defenders of legal probabilism have, however, held their ground: Schoeman (1987) argues that there are no clear epistemic or moral problems with convictions (...) based on purely statistical evidence, and speculates that our aversion to such convictions may be nothing more than an irrational bias. More recently, Hedden and Colyvan (2019, section VI) describe our reluctance to convict on the basis of purely statistical evidence as an ‘intuition’, but suggest that there may be no ‘in principle’ problem with such convictions (see also Papineau, forthcoming, section 6). In this paper, I argue that there is, in some cases, an in principle problem with a conviction based upon statistical evidence alone – namely, it commits us to a precedent which, if consistently followed through, could lead to the deliberate conviction of an innocent person. I conclude with some reflections on the idea that the criminal justice system should strive to maximise the accuracy of its verdicts – and the related idea that we should each strive to maximise the accuracy of our beliefs. (shrink)

The Notion of ‘civilisation’ in European and post-Enlightenment writings has recently been reassessed. Critics have especially reread the works of Immanuel Kant by highlighting his racial categories. However, this Paper argues that something is missing in this contemporary literature: namely, the role of the European legal culture in the development of a racial and ethnic hierarchy of societies. The clue to this missing element rests in how ‘civilisation’ has been understood. This Paper examines how one of the leading jurists (...) of the 19th and 20th centuries, George W. Hegel (1770-1831), took for granted a sense of a legal culture that excluded indigenous inhabitants of the Americas as legal persons worthy of legal protection. -/- Such an exclusionary legal culture represented a crucial feature of ‘civilisation’ according to Hegel. This Paper identifies a series of factors which Hegel highlighted as instrumental in constituting a civilised society: Bildung, an ethos, a written legal culture, a self-creative author (the state), territorial knowledge, and a hierarchy of societies. Hegel emphasized the need of jurists to analytically “leap” from a traditional society to a legal culture before the jurist could identify a law. The traditional societies of the Americas, according to Hegel, were considered lawless because they lacked a European sense of a legal culture. Why Hegel characterised traditional communities as lacking a legal culture is then explained. The Paper ends by suggesting that the features of a legal culture that Hegel highlights remain with us today. (shrink)

Child soldiers, who often appear to be both victims and perpetrators, present a vexing moral and legal challenge: how can we protect the rights of children while seeking justice for the victims of war crimes? There has been little stomach, either in domestic or international courts, for prosecuting child soldiers—but neither has this challenge been systematically addressed in international law. Establishing a uniform minimum age of criminal responsibility would be a major step in the right direction; we argue that (...) such a standard ought to be guided by the best evidence from neuropsychology about the development, during childhood and adolescence, of the executive functions that give rise to morally and legally responsible agents. In light of that evidence, which suggests that the brain’s executive functions are still maturing into early adulthood, we recommend a graded structure of culpability for child soldiers. (shrink)

Recent analyses have critically evaluated the connection of abstract rights with territorial nation-states. This article extends those findings by analyzing the way discourses of rights (human, political, national) are interconnected. It is argued that the system of relations that rights establish between their norms and concrete sociopolitical practices allows rights to function as overall machinery, one that both produces and governs subjects. From this perspective, this article establishes that: (a) since rights depend for their legal guarantee on the power (...) of nation-states, they are a normative standard which coincides with the political power of a nation-state; (b) since rights require a certain ethic from subjects in order that their exercise of rights be legally protectable, they govern subjects through inclusion, that is, by structuring fields of action in order that a certain “proper” conduct may take place; (c) since the nation-state framework with which rights are connected operates in a postcolonial order, the functioning of rights is also connected with the discursive dynamics of postcoloniality. The empirical focus of the discussion is on Pakistan. The first section focuses on the use of human rights’ discourse in order to counter drone attacks in Pakistan’s tribal belt. The conundrums that human rights in this context generate are then filled in by acknowledging “rights” of a state (i.e. political sovereignty and territorial integrity), which is the focus of second section. The third section comments on the way national and political rights correspond to the notions of “citizenship” and “belongingness,” which in turn shapes the conduct of subjects in a contextually apt manner. (shrink)

Criminal courts make decisions that can remove the liberty and even life of those accused. Civil trials can cause the bankruptcy of companies employing thousands of people, asylum seekers being deported, or children being placed into state care. Selecting the right standards when deciding legal cases is of utmost importance in giving those affected a fair deal. This Element is an introduction to the philosophy of legal proof. It is organised around five questions. First, it introduces the standards (...) of proof and considers what justifies them. Second, it discusses whether we should use different standards in different cases. Third, it asks whether trials should end only in binary outcomes (e.g. guilty or not guilty) or rather use more fine-grained or precise verdicts. Fourth, it considers whether proof is simply about probability, concentrating on the famous 'Proof Paradox'. Finally, it examines who should be trusted with deciding trials, focusing on the jury system. (shrink)

The UN Committee on the Peaceful Uses of Outer Space (UNCOPUOS) has played a central role in the development of standards for the sustainable exploration of the Moon. The standards, in particular, are being shaped through consultations with the major space actors namely, states, international organizations, and commercial enterprises. The Moon Village Association, for instance, was created to foster the implementation of a vision of peaceful international cooperation of governmental and non-governmental actors in the exploration of the Moon. In 2021, (...) the MVA, in its Report on the Global Expert Group on Sustainable Lunar Activities, proposed the creation of a neutral multi-stakeholder platform and framework to ensure the conduct of sustainable lunar missions in the future. According to the MVA, there is a need to consider approaches that promote future lunar sustainability or recommend practices for upcoming lunar activities. In light of the above-mentioned report and MVA’s Report on Best Practices for Sustainable Lunar Activities (2020), this article sheds light on some of the major contributions toward the development of standards for sustainable exploration of the Moon, including the recognition of its legal personhood. (shrink)

The abolition of death penalty is one commonplace issue over global jurisdictions. Nevertheless, it is also true that a surfeit of research has been dealt either in any specific way of legal research or general method of social science. This tends to create a track of practice that they approach the issue in its own national standard of research or discrete logic and narrative. The author proposes an orthodox of legal research by exemplifying the issue of death (...) penalty. By demonstrating a process of legal research in exemplary concerns of death penalty between Korea and US, the article would raise several implications for the future studies; (i) the orthodox of legal research as compared with the quantitative and qualitative methods (ii) key implications of three traditional sources of legal research, i.e., secondary, primary-statute, and primary-court cases (iii) encouragement of comparative social studies between the parallel nations. (shrink)

Most work at the intersection of law and the philosophy of action focuses on criminal responsibility. Unfortunately, this focus has been at the expense of reflecting on how the philosophy of action might help illuminate our understanding of issues in civil law. In this essay, focusing on Anglo-American jurisprudence, we examine the conditions under which a party to a legal agreement is deemed to have the capacity required to be bound by that agreement. We refer to this condition as (...) the capacity condition. We begin by showing how recent work on the metaphysics of powers might ground an account of the role of capacities in the metaphysics of intentional agency. After discussing the capacity to contract in Anglo-American jurisprudence, we show how the general ontology of capacities and agency sketched can ground and help clarify legal thinking about capacity. We argue that when we couple our understanding of capacity with relevant recent data from developmental neuropsychology, a lacuna in Anglo-American contract law becomes evident. Specifically, it appears that persons in early adulthood do not clearly satisfy the conditions requisite for them to satisfy the capacity condition. In the light of this, we sketch some potential solutions that are compatible with existing legal standards and would contribute to a more consistent application of the capacity condition in contract law. (shrink)