13 research outputs found

    Student rights and revival of immaturity: can jurisprudence account for coercion?

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    The problem of this paper is prompted by the claim of Zagreb University students residing in government subsidized dormitories that their duty to act for free as dorm night porters amounts to forced labour. After a preliminary note on the nature and types of legal scholarship, the paper restates jurisprudential arguments against student rights and analyses limitations inherent in legal scholarship in action, or jurisprudence, that make it unresponsive to student rights: a limited normative framework and a limited subject-matter, most notably a limited focus of inquiry when it comes to force or coercion. A glimpse at an analysis of force in international law indicates that the naked force typical of elementary criminal law has dissolved long ago into phenomena remotely related to naked force, such as economic pressure and ideological propaganda. Two legal and social contexts of force are of primary interest to understanding student rights. The first is legal recognition of the vulnerability of children to naked force. The second is the blind eye of jurisprudence for the vulnerability of workers to economic need. The belief in economic necessity and subjugation of the state to capital has resulted in a bizarre reversal of the roles of corporations and students. Jurisprudence cannot change the world but can interpret it more sensibly. What is required is a re-examination of maturity and emancipation within the emerging world law

    Approaching Aliens: A Plea For Jurisprudential Recovery as a Theoretical Introduction to (Ex)Socialist Legal Systems

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    It might be wise to stop here. Even a reader who is sympathetic to jurisprudential imagination must regard the communicable part of my title with considerable misgiving. For he or she can hardly be unaware of the double jeopardy in which the general theorist of law places himself when dealing with socialist legal systems. The first has been aptly described by Alasdair MacIntyre in his parable of a man who aspired to be the author of the general theory of holes.\u27 The moral of the story, that the concept of a hole is a poor foundation for a general theory that would explain all holes, is, to put it mildly, not devalued by the fact that, in construing a theory of socialist legal systems, one may lack concepts of both socialism and law, not to speak of the concept of a legal system

    Fairness as an Essential Element of Law

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    Among institutions of advanced legal systems, few have been more perplexing than the right to a fair trial. An important reason is its content, especially the relation of the institution to fairness or equity. The purpose of this paper is to provide, by correlating some well known episodes of legal philosophy that are usually kept apart, a new look at fairness of equity as an essential element of law understood as a way of reasoning. To that end the paper is divided in the following three sections: (1) Aristotle\u27s conception of fairness as higher justice and an essential element of law; (2) the modern conception of equity, which relies on Kant\u27s philosophy and assumes that equity is subjective and arbitrary unlike legal justice, which is objective and reasonable; (3) A recent turn in philosophy of law. The brief analysis of selected key episodes of the history of the idea of equity or fairness allows some tentative conclusions. First, contemporary discussion in legal philosophy, most notably contributions of Lon Fuller, John Rawls and Ronald Dworkin, suggest, like Aristotle\u27s practical philosophy, that there are good reasons to understand equity as a way of reasoning that is an essential element of law. Second, equity is a way of reasoning that involves moral insight into a unique constellation of both a characteristically unique detail of a practical situation and the peculiar structure of the whole to which the detail belongs. Third, the holistic nature of equity explains such phenomena as the diversity of rights lumped together under the label the right to a fair trial. What makes a trial fair is precisely a proper balance of a wide variety of rights and duties, which is in principle unique in every single case

    Obstetric Outcomes in Women with Rheumatic Disease and COVID-19 in the Context of Vaccination Status

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    OBJECTIVE: To describe obstetric outcomes based on COVID-19 vaccination status, in women with rheumatic and musculoskeletal diseases (RMDs) who developed COVID-19 during pregnancy. METHODS: Data regarding pregnant women entered into the COVID-19 Global Rheumatology Alliance registry from 24 March 2020-25 February 2022 were analysed. Obstetric outcomes were stratified by number of COVID-19 vaccine doses received prior to COVID-19 infection in pregnancy. Descriptive differences between groups were tested using the chi -square or Fisher's exact test. RESULTS: There were 73 pregnancies in 73 women with RMD and COVID-19. Overall, 24.7% (18) of pregnancies were ongoing, while of the 55 completed pregnancies 90.9% (50) of pregnancies resulted in livebirths. At the time of COVID-19 diagnosis, 60.3% (n = 44) of women were unvaccinated, 4.1% (n = 3) had received one vaccine dose while 35.6% (n = 26) had two or more doses. Although 83.6% (n = 61) of women required no treatment for COVID-19, 20.5% (n = 15) required hospital admission. COVID-19 resulted in delivery in 6.8% (n = 3) of unvaccinated women and 3.8% (n = 1) of fully vaccinated women. There was a greater number of preterm births (PTB) in unvaccinated women compared with fully vaccinated 29.5% (n = 13) vs 18.2%(n = 2). CONCLUSION: In this descriptive study, unvaccinated pregnant women with RMD and COVID-19 had a greater number of PTB compared with those fully vaccinated against COVID-19. Additionally, the need for COVID-19 pharmacological treatment was uncommon in pregnant women with RMD regardless of vaccination status. These results support active promotion of COVID-19 vaccination in women with RMD who are pregnant or planning a pregnancy

    EndoVAscular treatment and ThRombolysis for Ischemic Stroke Patients (EVA-TRISP) registry: basis and methodology of a pan-European prospective ischaemic stroke revascularisation treatment registry.

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    PURPOSE The Thrombolysis in Ischemic Stroke Patients (TRISP) collaboration was a concerted effort initiated in 2010 with the purpose to address relevant research questions about the effectiveness and safety of intravenous thrombolysis (IVT). The collaboration also aims to prospectively collect data on patients undergoing endovascular treatment (EVT) and hence the name of the collaboration was changed from TRISP to EVA-TRISP. The methodology of the former TRISP registry for patients treated with IVT has already been published. This paper focuses on describing the EVT part of the registry. PARTICIPANTS All centres committed to collecting predefined variables on consecutive patients prospectively. We aim for accuracy and completeness of the data and to adapt local databases to investigate novel research questions. Herein, we introduce the methodology of a recently constructed academic investigator-initiated open collaboration EVT registry built as an extension of an existing IVT registry in patients with acute ischaemic stroke (AIS). FINDINGS TO DATE Currently, the EVA-TRISP network includes 20 stroke centres with considerable expertise in EVT and maintenance of high-quality hospital-based registries. Following several successful randomised controlled trials (RCTs), many important clinical questions remain unanswered in the (EVT) field and some of them will unlikely be investigated in future RCTs. Prospective registries with high-quality data on EVT-treated patients may help answering some of these unanswered issues, especially on safety and efficacy of EVT in specific patient subgroups. FUTURE PLANS This collaborative effort aims at addressing clinically important questions on safety and efficacy of EVT in conditions not covered by RCTs. The TRISP registry generated substantial novel data supporting stroke physicians in their daily decision making considering IVT candidate patients. While providing observational data on EVT in daily clinical practice, our future findings may likewise be hypothesis generating for future research as well as for quality improvement (on EVT). The collaboration welcomes participation of further centres willing to fulfill the commitment and the outlined requirements

    Performance of the 2019 EULAR/ACR classification criteria for systemic lupus erythematosus in early disease, across sexes and ethnicities.

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    Funder: American College of Rheumatology Research and Education Foundation; FundRef: http://dx.doi.org/10.13039/100000960Funder: National Institute of Arthritis and Musculoskeletal and Skin Diseases; FundRef: http://dx.doi.org/10.13039/100000069Funder: European League Against Rheumatism; FundRef: http://dx.doi.org/10.13039/501100008741OBJECTIVES: The European League Against Rheumatism (EULAR)/American College of Rheumatology (ACR) 2019 Classification Criteria for systemic lupus erythematosus (SLE) have been validated with high sensitivity and specificity. We evaluated the performance of the new criteria with regard to disease duration, sex and race/ethnicity, and compared its performance against the Systemic Lupus International Collaborating Clinics (SLICC) 2012 and ACR 1982/1997 criteria. METHODS: Twenty-one SLE centres from 16 countries submitted SLE cases and mimicking controls to form the validation cohort. The sensitivity and specificity of the EULAR/ACR 2019, SLICC 2012 and ACR 1982/1997 criteria were evaluated. RESULTS: The cohort consisted of female (n=1098), male (n=172), Asian (n=118), black (n=68), Hispanic (n=124) and white (n=941) patients; with an SLE duration of 1 to <3 years (n=196) and ≥5 years (n=879). Among patients with 1 to <3 years disease duration, the EULAR/ACR criteria had better sensitivity than the ACR criteria (97% vs 81%). The EULAR/ACR criteria performed well in men (sensitivity 93%, specificity 96%) and women (sensitivity 97%, specificity 94%). Among women, the EULAR/ACR criteria had better sensitivity than the ACR criteria (97% vs 83%) and better specificity than the SLICC criteria (94% vs 82%). Among white patients, the EULAR/ACR criteria had better sensitivity than the ACR criteria (95% vs 83%) and better specificity than the SLICC criteria (94% vs 83%). The EULAR/ACR criteria performed well among black patients (sensitivity of 98%, specificity 100%), and had better sensitivity than the ACR criteria among Hispanic patients (100% vs 86%) and Asian patients (97% vs 77%). CONCLUSIONS: The EULAR/ACR 2019 criteria perform well among patients with early disease, men, women, white, black, Hispanic and Asian patients. These criteria have superior sensitivity than the ACR criteria and/or superior specificity than the SLICC criteria across many subgroups

    Društvo, pravo i moral : problemi i nedostaci metodologije pravnih i društvenih istraživanja u Jugoslaviji

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    Matica jugoslavenske teorije prava i društva (nap. R. D. Lukić, slično B. Horvat) prihvaća dva tijesno povezana uvjerenja. Prvo jest da karakteristično sociologijska (kauzalna) istraživanja mogu nadomjestiti kar.akteristično pravna i moralna (normativna) istraživanja. Drugo je pravnopozitivističko uvjerenje da je pravo moguće identificirati nezavisno od njegova mogućeg moralnog temelja. Prvo uvjerenje, koje je ukorijenjeno u filozofijskom i sociologijskom pozitivizmu te je poduprto nekim postavkama dogmatskog marksizma, objašnjava zašlo su pravna znanost i nastava u Jugoslaviji pojmovno i metodski odvojene od tzv. empirijskih društvenih znanosti. Drugo uvjerenje, koje je teško izbježiva implikacija kako filozofijskog i sociologijskog pozitivizma tako i marksizma, objašnjava zašto jugoslavenski pravni znanstvenici i nastavnici zanemaruju konkretizaciju prava, ljudska prava te historijskopravne i poredbenopravne osvrte. Ti nedostaci nisu, 1'1-zeđutim, osobitost pravne i društvene teorije u Jugoslaviji. Oni su izraz novovjekovne sumnje u spoznatljivost morala

    Društvo, pravo i moral : problemi i nedostaci metodologije pravnih i društvenih istraživanja u Jugoslaviji

    No full text
    Matica jugoslavenske teorije prava i društva (nap. R. D. Lukić, slično B. Horvat) prihvaća dva tijesno povezana uvjerenja. Prvo jest da karakteristično sociologijska (kauzalna) istraživanja mogu nadomjestiti kar.akteristično pravna i moralna (normativna) istraživanja. Drugo je pravnopozitivističko uvjerenje da je pravo moguće identificirati nezavisno od njegova mogućeg moralnog temelja. Prvo uvjerenje, koje je ukorijenjeno u filozofijskom i sociologijskom pozitivizmu te je poduprto nekim postavkama dogmatskog marksizma, objašnjava zašlo su pravna znanost i nastava u Jugoslaviji pojmovno i metodski odvojene od tzv. empirijskih društvenih znanosti. Drugo uvjerenje, koje je teško izbježiva implikacija kako filozofijskog i sociologijskog pozitivizma tako i marksizma, objašnjava zašto jugoslavenski pravni znanstvenici i nastavnici zanemaruju konkretizaciju prava, ljudska prava te historijskopravne i poredbenopravne osvrte. Ti nedostaci nisu, 1'1-zeđutim, osobitost pravne i društvene teorije u Jugoslaviji. Oni su izraz novovjekovne sumnje u spoznatljivost morala

    Approaching Aliens: A Plea For Jurisprudential Recovery as a Theoretical Introduction to (Ex)Socialist Legal Systems

    Get PDF
    It might be wise to stop here. Even a reader who is sympathetic to jurisprudential imagination must regard the communicable part of my title with considerable misgiving. For he or she can hardly be unaware of the double jeopardy in which the general theorist of law places himself when dealing with socialist legal systems. The first has been aptly described by Alasdair MacIntyre in his parable of a man who aspired to be the author of the general theory of holes.\u27 The moral of the story, that the concept of a hole is a poor foundation for a general theory that would explain all holes, is, to put it mildly, not devalued by the fact that, in construing a theory of socialist legal systems, one may lack concepts of both socialism and law, not to speak of the concept of a legal system
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