Person and Disability: Legal Fiction and Living Independently

Without extending the historical analysis, this article analyzes the relationship between the legal concept of person with regard to the notion of living independently. The concept is normatively established in Article 19 of the CRPD and is presented as a legal fiction. The legal technique of fictio iuris is the premise for analyzing contemporary problems, for example, the attribution of responsibilities to non-human personalities, such as robots. The article, however, develops the problem of attributing rights to persons with disabilities. The contraposition of robots and disabled people, understood as opposing visions of anthropological and human models, is part of the philosophical dispute between humanism and post- or transhumanism. The conception of man appears different if created in the image and likeness of God, or as the fruit of evolution from primates, or as a transhumanist entity that can be replaced by the robot. The latter vision is rooted in the mechanization of the mind triggered by cybernetics and cognitive sciences and referable to problems of justice theory and political philosophy concerning the inclusion in society of disabled people. In this article I will limit myself to analyzing, against the background of this complex problem, the link between person, legal fiction and the right to disability starting from the criticism addressed by Nussbaum to Rawls based on the convention and following the methodology developed by Marchisio and Curto in order to clarify the legal connection between thirdness, disability, and person. However, I go one step further by including the issue of disability as justice within the evolution of the notion of the legal person, through the inclusion of fictio iuris and rhetorical methodology in positive law, as a criterion for the interpretation of art. 19 CRPD

The Shadow of Affectivity Inside the ‘Is/Ought’ Debate’: Siniscalchi, Fuller, Manderson and Vico’s Ghosts in the Legal Machine

The article reconstructs the is/ought debate in legal theory through a phenomenological reading of the concept of normality. An analysis of Siniscalchi, Fuller and Manderson looks at the issue from the perspective of law and literature, and then applies Giambattista Vico's rhetorical methodology within the contemporary debate. The question: "is Hume's law really visible within Hume's thought?" also paradoxically poses the figure of phantoms and fictions at the heart of the current theoretical debate on law. A history of the phantom placed at the centre of the history of Western institutions still remains to be written, but a comparison of very diverse and incongrous approaches such as the extended order of Hayek, the dogmatic anthropology of Legendre, the eunomics of Fuller and the new science of Vico shows how the mystery of consciousness and the mystery of institutions are inextricably entwined. It is impossible at the moment to draw a coherent doctrine from these conflicting perspectives, but their convocation is sufficient to demonstrate how the theory of law is always suspended between the unknown and the human attempt to inhabit it, moving us toward an affective turn that has yet to be fully conceived in the theory of law, following the iconic turn. The anthropological primacy of fictio and the aesthetic-legal dimension in the constitution of language is not that of a logic and separation from the body and meaning, but the exact inverse, even in the unavoidable constant tension between the two poles: logic is born through the gesture of the body that precedes it, as myth precedes the foundation of the State; the origin of the concept is affective, as Hume, and perhaps Vico himself, would have passionately affirmed

Coexistence of Superconductivity and Spin Density Wave orderings in the organic superconductor (TMTSF)_2PF_6

The phase diagram of the organic superconductor (TMTSF)_2PF_6 has been revisited using transport measurements with an improved control of the applied pressure. We have found a 0.8 kbar wide pressure domain below the critical point (9.43 kbar, 1.2 K) for the stabilisation of the superconducting ground state featuring a coexistence regime between spin density wave (SDW) and superconductivity (SC). The inhomogeneous character of the said pressure domain is supported by the analysis of the resistivity between T_SDW and T_SC and the superconducting critical current. The onset temperature T_SC is practically constant (1.20+-0.01 K) in this region where only the SC/SDW domain proportion below T_SC is increasing under pressure. An homogeneous superconducting state is recovered above the critical pressure with T_SC falling at increasing pressure. We propose a model comparing the free energy of a phase exhibiting a segregation between SDW and SC domains and the free energy of homogeneous phases which explains fairly well our experimental findings.Comment: 13 pages, 10 figures, revised v: fig.9 added, section 4.2 rewritten, accepted v: sections 4&5 improve

Solving the Richardson equations for Fermions

Forty years ago Richardson showed that the eigenstates of the pairing Hamiltonian with constant interaction strength can be calculated by solving a set of non-linear coupled equations. However, in the case of Fermions these equations lead to singularities which made them very hard to solve. This letter explains how these singularities can be avoided through a change of variables making the Fermionic pairing problem numerically solvable for arbitrary single particle energies and degeneracies.Comment: 5 pages, 4 figures, submitted to Phys.Rev.

Unification Theory of Angular Magnetoresistance Oscillations in Quasi-One-Dimensional Conductors

We present a unification theory of angular magnetoresistance oscillations, experimentally observed in quasi-one-dimensional organic conductors, by solving the Boltzmann kinetic equation in the extended Brillouin zone. We find that, at commensurate directions of a magnetic field, resistivity exhibits strong minima. In two limiting cases, our general solution reduces to the results, previously obtained for the Lebed Magic Angles and Lee-Naughton-Lebed oscillations. We demonstrate that our theoretical results are in good qualitative and quantitative agreement with the existing measurements of resistivity in (TMTSF)$_2$ClO$_4$ conductor.Comment: 6 pages, 2 figure

Quantum Limit in a Parallel Magnetic Field in Layered Conductors

We show that electron wave functions in a quasi-two-dimensional conductor in a parallel magnetic field are always localized on conducting layers. Wave functions and electron spectrum in a quantum limit, where the "sizes" of quasi-classical electron orbits are of the order of nano-scale distances between the layers, are determined. AC infrared measurements to investigate Fermi surfaces and to test Fermi liquid theory in Q2D organic and high-Tc materials in high magnetic fields, H = 10-45 T, are suggested.Comment: 9 pages, 2 figures; Submitted to Physical Review Letter

Soliton Wall Superlattice in Quasi-One-Dimensional Conductor (Per)2Pt(mnt)2

We suggest a model to explain the appearance of a high resistance high magnetic field charge-density-wave (CDW) phase, discovered by D. Graf et al. [Phys. Rev. Lett. v. 93, 076406 (2004)] in (Per)2Pt(mnt)2. In particular, we show that the Pauli spin-splitting effects improve the nesting properties of a realistic quasi-one-dimensional electron spectrum and, therefore, a high resistance Peierls CDW phase is stabilized in high magnetic fields. In low and very high magnetic fields, a periodic soliton wall superlattice (SWS) phase is found to be a ground state. We suggest experimental studies of the predicted phase transitions between the Peierls and SWS CDW phases in (Per)2Pt(mnt)2 to discover a unique SWS phase.Comment: 10 pages, 3 figures. Submitted to Physical Review Letters (February 19, 2007

Machine learning algorithms distinguish discrete digital emotional fingerprints for web pages related to back pain

Back pain is the leading cause of disability worldwide. Its emergence relates not only to the musculoskeletal degeneration biological substrate but also to psychosocial factors; emotional components play a pivotal role. In modern society, people are significantly informed by the Internet; in turn, they contribute social validation to a “successful” digital information subset in a dynamic interplay. The Affective component of medical pages has not been previously investigated, a significant gap in knowledge since they represent a critical biopsychosocial feature. We tested the hypothesis that successful pages related to spine pathology embed a consistent emotional pattern, allowing discrimination from a control group. The pool of web pages related to spine or hip/knee pathology was automatically selected by relevance and popularity and submitted to automated sentiment analysis to generate emotional patterns. Machine Learning (ML) algorithms were trained to predict page original topics from patterns with binary classification. ML showed high discrimination accuracy; disgust emerged as a discriminating emotion. The findings suggest that the digital affective “successful content” (collective consciousness) integrates patients’ biopsychosocial ecosystem, with potential implications for the emergence of chronic pain, and the endorsement of health-relevant specific behaviors. Awareness of such effects raises practical and ethical issues for health information providers

Far-ultraviolet aurora identified at comet 67P/ Churyumov-Gerasimenko

Having a nucleus darker than charcoal, comets are usually detected from Earth through the emissions from their coma. The coma is an envelope of gas that forms through the sublimation of ices from the nucleus as the comet gets closer to the Sun. In the far-ultraviolet portion of the spectrum, observations of comae have revealed the presence of atomic hydrogen and oxygen emissions. When observed over large spatial scales as seen from Earth, such emissions are dominated by resonance fluorescence pumped by solar radiation. Here, we analyse atomic emissions acquired close to the cometary nucleus by the Rosetta spacecraft and reveal their auroral nature. To identify their origin, we undertake a quantitative multi-instrument analysis of these emissions by combining coincident neutral gas, electron and far-ultraviolet observations. We establish that the atomic emissions detected from Rosetta around comet 67P/Churyumov-Gerasimenko at large heliocentric distances result from the dissociative excitation of cometary molecules by accelerated solar-wind electrons (and not by electrons produced from photo-ionization of cometary molecules). Like the discrete aurorae at Earth and Mars, this cometary aurora is driven by the interaction of the solar wind with the local environment. We also highlight how the oxygen line O I at wavelength 1,356 Å could be used as a tracer of solar-wind electron variability