41 research outputs found
Medieval Emergencies and the Contemporary Debate
Abstract The contemporary debate on emergencies and the state of exception often relies on historical examples. Yet, the most recent discussions on the state of exception (a legal construct that deals with emergencies) also assume its modern inception. This article shows that medieval France formulated its own state of exception, meant to deal with emergencies, based on the legal principle of necessity. This article has two purposes. First, it challenges the historical narrative inherent in the contemporary debate, which assumes the modern inception of the state of exception. Second, it reinforces the trepidation with which many scholars today view the uses and abuses of the state of exception. This article does so by showing that the French crown used and abused the medieval principle of necessity in ways similar to current uses of the state of exception; it served similar purposes. Just as some scholars fear today, the French medieval state of exception often served as a pretext meant to change the legal order, turning the exception into the ordinary. The French crown used the state of exception to enhance its power, and it was central in the long process of building the early-modern French state
Cardiopoietic cell therapy for advanced ischemic heart failure: results at 39 weeks of the prospective, randomized, double blind, sham-controlled CHART-1 clinical trial
Cardiopoietic cells, produced through cardiogenic conditioning of patients' mesenchymal stem cells, have shown preliminary efficacy. The Congestive Heart Failure Cardiopoietic Regenerative Therapy (CHART-1) trial aimed to validate cardiopoiesis-based biotherapy in a larger heart failure cohort
Beyond Relativism: Where Is Political Power in Legal Pluralism?
Both decentralization of state law and cultural relativism have been fundamentally embedded in legal pluralism. As a scholarly trend in law and society, it has insightfully challenged the underpinnings of analytical positivist jurisprudence. Nevertheless, a theoretical concept of political power has significantly been missing in research on the plurality of legal practices in various jurisdictions. This Article aims to critically offer a theoretical concept of political power that takes legal decentralization and cultural relativism seriously and yet points to how and where we should look into political power, assuming that legal pluralism itself may be a strategy of elites and nation-states amid globalization. First, the Article explores the contributions of legal pluralism, and its limits, in intellectually revolting against analytical positivist jurisprudence. Second, it explicates why a concept of political power has been missing, and why such a concept is required for better comprehension of legal pluralism. Third, it calls for a look into three sites of political power in the praxis of legal pluralism: politics of identities, non-ruling communities, and neo-liberal globalization. Last, the Article constructs a concept of political-legal transformations that enables us to unveil political power in the context of de-centralized legal pluralities. Power is produced in, resides in and is generated in the dynamic interactions between nation-states, localities and global agents. Transformative relations along these dimensions allow the nation-state to forfeit some elements of power, both in economics and in law, but they also enable it to maintain some essential ingredients of political power that are often veiled in the rhetoric of globalized pluralism
Social Protest and the Absence of Legalistic Discourse: In the Quest for New Language of Dissent
Abstract Legalistic discourse, lawyers and lawyering had minor representation during the 2011 summer protest events in Israel. In this paper we explore and analyze this phenomena by employing content analysis on various primary and secondary sources, among them structured personal interviews with leaders and major activists involved in the protest, ?yers, video recordings made by demonstrators and songs written by them. Our ?ndings show that participants cumulatively produced a pyramid-like structure of social power that is anchored in the enterprise of organizing the protest. Our ?ndings explicate how the non-legalistic and even anti-legalistic discourse of the protest was formed, shaped and generated within the power relations of the protest, and how a pyramid of power produced a new poetics of protest that rejected the traditional poetics of state law. The power relations that generated the discourse regarding state law were embedded in socioeconomic strati?cation along the divide of center and periphery in Israel.Keywords Social protest and law Legal poetics Pyramid of power relatio
The Decline of the Arab-Israeli Conflict: Middle East Politics and the Quest for Regional Order. By Avraham Sela. Albany: SUNY Press, 1998. 423p. $24.95
Meron Benvenisti, Intimate Enemies, Jews and Arabs in a Shared Land (Berkeley: University of California Press, 1995). Pp. 273.
Cultured technology: The Internet and religious fundamentalism. The Information Society 21(1):25–40
This paper presents a theoretical framework to understand the relationship between religious fundamentalist communities and the Internet, through addressing four dimensions of tensions and challenges: hierarchy, patriarchy, discipline, and seclusion. We develop the concept of cultured technology, and analyze the ways communities reshape technology and make it as part of their culture, while on the other hand allowing this technology to make certain changes in their customary way of life and in their unwritten laws. Later, we exemplify our theoretical framework through an empirical examination of ultra-Orthodox Jewish communities in Israel. Our empirical study is based on original dataset of 686,192 users and 60,346 virtual communities, while also relying on extensive literature review and secondary data. The results show the complexity of interactions between religious fundamentalism and Internet, and invite further discussions of cultured technology as a means to adapt Internet and to be adapted into it in various communities that incline to challenge technological innovations