Despairing Justice and the Ethics of Legal Interpretation

This study discusses legal interpretation. The question is how legal texts, for instance laws, statutes and regulations, can and do have meaning. Language makes interpretation difficult as it holds no definite meanings. When the theoretical connection between semantics and legal meaning is loosened and we realise that language cannot be a means of justifying legal decisions, the responsibility inherent in legal interpretation can be seen in full. We are thus compelled to search for ways to analyse this responsibility. The main argument of the book is that the responsibility of legal interpretation contains a responsibility towards the text that is interpreted (and through the mediation of the text also towards the legal system), but not only this. It is not simply a responsibility to read and read well, but it transcends on a broader scale. It includes responsibility for the effects of the interpretation in a particular situation and with regard to the people whose case is decided. Ultimately, it is a responsibility to do justice. These two aspects of responsibility are conceptualised here as the two dimensions of the ethics of legal interpretation: the textual and the situational. The basic conception of language presented here is provided by Ludwig Wittgenstein s later philosophy, but the argument is not committed to only one philosophical tradition. Wittgenstein can be counterpointed in interesting ways by Jacques Derrida s ideas on language and meaning. Derrida s work also functions as a contrast to hermeneutic theories. It is argued that the seed to an answer to the question of meaning lies in the inter-personal and situated activity of interpretation and communication, an idea that can be discerned in different ways in the works of Wittgenstein, Derrida and Hans-Georg Gadamer. This way the question of meaning naturally leads us to think about ethics, which is approached here through the philosophy of Emmanuel Levinas. His thinking, focusing on topics such as otherness, friendship and hospitality, provides possibilities for answering some of the questions posed in this book. However, at the same time we move inside a normativity where ethics and politics come together in many ways. The responsibility of legal interpretation is connected to the political and this has to be acknowledged lest we forget that law always implies force. But it is argued here that the political can be explored in positive terms as it does not have to mean only power or violence.

Kysymys esineellisyydestä : Georg Lukácsin esineellistymisteoria ja Martin Heideggerin fundamentaaliontologia

Käsilläolevan tutkielman aiheena on esineellistymisen käsite. Sitä tarkastellaan yhtäältä sellaisena kuten se esitetään Georg Lukácsin (1885-1971) teoksessa Historia ja luokkatietoisuus (1923), toisaalta kuten sitä koskeva teoria on luettavissa esiin Martin Heideggerin (1889-1976) läpimurtoteoksesta Oleminen ja aika (1927). Molemmat ajattelijat pyrkivät teoksissaan rakentamaan kokonaisvaltaista tulkintaa länsimaisen ajattelun ja toiminnan taipumuksesta tulkita todellisuus esineellisenä (dinglich), so. eletystä elämästä ja toiminnasta irrallisena olioiden (Dinge) maailmana. Sekä Lukács että Heidegger pyrkivät osoittamaan, että esineellistyneen todellisuuden ontologisena perustana toimii inhimillisen praktisen toiminnan kenttä, josta käsin esineellistävät ja objektivoivat suhtautumistavat todellisuuteen voivat vasta jälkikäteisesti syntyä. Molemmille ajattelijoille esineellisyyden muodostuminen ontologiaa hallitsevaksi tulkinnaksi todellisuuden luonteesta edellyttää myös tietynlaisia sosiaalisen olemisen rakenteita. Tutkielmassa tehdään vertailevaa käsiteanalyysia Lukácsin ja Heideggerin teoreettisten diskurssien välillä. Tavoitteena on rakentaa mahdollisuutta lukea mainittuja filosofeja saman, modernille olemassaololle keskeisen ontologisen sekä eksistentiaalisen ongelman tarkastelijoina. Toisaalta vertaileva lähestymistapa pyrkii myös tuomaan esiin olennaisia ja perustavia eroja Lukácsin marxilaisen ja Heideggerin fundamentaaliontologisen orientaation välillä. Tutkielmassa pyritäänkin osoittamaan, että Heideggerin fundamentaaliontologia ei tarkastele kauppatavaran rakennetta eikä sosiaalisen vaihdon prosesseja marxilaisesta näkökulmasta riittävällä tavalla, kun taas Lukácsin teoreettinen projekti tulee edellyttäneeksi tuottavaan subjektiviteettiin pohjautuvan ontologisen perusasenteen. Tämä ontologinen positio voidaan puolestaan kritisoida hedelmällisesti heideggerilaisesta näkökulmasta. Viime kädessä tutkielma pyrkii avaamaan esineellistymisteorioiden vertailun kautta kysymyksen länsimarxilaisen materialistisen dialektiikan ja Heideggerin fenomenologisen ontologian välisestä suhteesta.

Proofs, Paradoxes, and Probabilities : The Logical Turn of Philosophy in Finland

This monograph describes the emergence of independent research on logic in Finland. The emphasis is placed on three well-known students of Eino Kaila: Georg Henrik von Wright (1916-2003), Erik Stenius (1911-1990), and Oiva Ketonen (1913-2000), and their research between the early 1930s and the early 1950s. The early academic work of these scholars laid the foundations for today's strong tradition in logic in Finland and also became internationally recognized. However, due attention has not been given to these works later, nor have they been comprehensively presented together. Each chapter of the book focuses on the life and work of one of Kaila's aforementioned students, with a fourth chapter discussing works on logic by authors who would later become known within other disciplines. Through an extensive use of correspondence and other archived material, some insight has been gained into the persons behind the academic personae. Unique and unpublished biographical material has been available for this task. The chapter on Oiva Ketonen focuses primarily on his work on what is today known as proof theory, especially on his proof theoretical system with invertible rules that permits a terminating root-first proof search. The independency of the parallel postulate is proved as an example of the strength of root-first proof search. Ketonen was to our knowledge Gerhard Gentzen's (the 'father' of proof theory) only student. Correspondence and a hitherto unavailable autobiographic manuscript, in addition to an unpublished article on the relationship between logic and epistemology, is presented. The chapter on Erik Stenius discusses his work on paradoxes and set theory, more specifically on how a rigid theory of definitions is employed to avoid these paradoxes. A presentation by Paul Bernays on Stenius' attempt at a proof of the consistency of arithmetic is reconstructed based on Bernays' lecture notes. Stenius correspondence with Paul Bernays, Evert Beth, and Georg Kreisel is discussed. The chapter on Georg Henrik von Wright presents his early work on probability and epistemology, along with his later work on modal logic that made him internationally famous. Correspondence from various archives (especially with Kaila and Charlie Dunbar Broad) further discusses his academic achievements and his experiences during the challenging circumstances of the 1940s.

Characterization and Acceptor Preference of a Soluble Meningococcal Group C Polysialyltransferase

Vaccines against Neisseria meningitidis group C are based on its alpha-2,9-linked polysialic acid capsular polysaccharide. This polysialic acid expressed on the surface of N. meningitidis and in the absence of specific antibody serves to evade host defense mechanisms. The polysialyltransferase (PST) that forms the group C polysialic acid (NmC PST) is located in the cytoplasmic membrane. Until recently, detailed characterization of bacterial polysialyltransferases has been hampered by a lack of availability of soluble enzyme preparations. We have constructed chimeras of the group C polysialyltransferase that catalyzes the formation alpha-2,9-polysialic acid as a soluble enzyme. We used site-directed mutagenesis to determine the region of the enzyme necessary for synthesis of the alpha-2,9 linkage. A chimera of NmB and NmC PSTs containing only amino acids 1 to 107 of the NmB polysialyltransferase catalyzed the synthesis of alpha-2,8-polysialic acid. The NmC polysialyltransferase requires an exogenous acceptor for catalytic activity. While it requires a minimum of a disialylated oligosaccharide to catalyze transfer, it can form high-molecular-weight alpha-2,9-polysialic acid in a nonprocessive fashion when initiated with an alpha-2,8-polysialic acid acceptor. De novo synthesis in vivo requires an endogenous acceptor. We attempted to reconstitute de novo activity of the soluble group C polysialyltransferase with membrane components. We found that an acapsular mutant with a defect in the polysialyltransferase produces outer membrane vesicles containing an acceptor for the alpha-2,9-polysialyltransferase. This acceptor is an amphipathic molecule and can be elongated to produce polysialic acid that is reactive with group C-specific antibody.

Synthesis and structure of a novel terminal imido complex of titanium

The reaction of eta(5)-Cp*TiCl3 and (LiNHBu)-Bu-t in hexanes yields a novel [eta(5)-Cp*Ti(=(NBu)-Bu-t)((NHBu)-Bu-t)(2)]Li . (NH2Bu)-Bu-t complex with a terminal tert-butylimido moiety. The synthesis and X-ray structural characterization are described. (C) 1999 Elsevier Science S.A. All rights reserved.

Molecular profile of oligodendrogliomas in young patients

Several studies on molecular profiling of oligodendrogliomas (OGs) in adults have shown a distinctive genetic pattern characterized by combined deletions of chromosome arms 1 p and 19q, O6-methylguanine-methyltransferase (MGMT) methylation, and isocitrate dehydrogenase 1 (IDH1) mutation, which have potential diagnostic, prognostic, and even therapeutic relevance. OGs in pediatric and young adult patients are rare and have been poorly characterized on a molecular and biological basis, and it remains uncertain whether markers with prognostic significance in adults also have predictive value in these patients. Fourteen cases of OGs in young patients (age, <= 25 years) who received a diagnosis over 7 years were selected (7 pediatric patients age <= 18 years and 7 young adults aged 19-25 years). The cases were evaluated for 1p/19q status, MGMT promoter methylation, p53 mutation, and IDH1 mutation. None of the pediatric cases showed 1p/19q deletion. In young adults, combined 1p/19q loss was observed in 57% and isolated 1p loss in 14% of cases. The majority of cases in both subgroups (71% in each) harbored MGMT gene promoter methylation. TP53 and IDH1 mutations were not seen in any of the cases in both the groups. To our knowledge, this is the first study to show that molecular profile of OGs in pediatric and young adult patients is distinct. Further large-scale studies are required to identify additional clinically relevant genetic alterations in this group of patients.

Unusual dependence of raman mode frequency on excitation wavelength in graphite and single walled carbon nanotubes

In this paper we report resonance Raman scattering from graphite covering excitation energies in the range 2.4 eV to 6 eV. The Raman excitation profile shows a maximum at 4.94 eV (lambda = 251nm) for the G - band (1582 cm(-1)). The D-band at similar to 1350 cm(-1), attributed to disorder activated Raman scattering, does not show up in Raman spectra recorded with excitation wavelengths smaller than 257.3 nm, revealing that the resonance enhancements of the G and D-modes are widely different. Earlier Raman measurements in carbon materials have also revealed a very large and unusual dependence of the D - mode frequency on excitation laser wavelength. This phenomenon is also observed in carbon nanotubes. In this paper we show for the first time that the above unusual dependence arises from the disorder - induced double resonance mechanism.

Structural and dielectric characteristics of Bi2O3-TiO2-SrB4O7 glasses

Glasses of the composition 0.20 Bi2O3 - 0.30 TiO2 - 0.50 SrB4O7 and 0.30 Bi2O3 - 0.45 TiO2 - 0.25 SrB4O7 have been fabricated by conventional glass processing technique. These glasses have been characterized using X-ray powder diffraction (XRD), differential thermal analysis (DTA) and high resolution transmission electron microscopy (HRTEM). The frequency response of the dielectric constant and the loss tangent of these glasses has been studied. The formation of the crystalline bismuth titanate, Bi4Ti3O12 (BiT) phase in the heat treated samples has been confirmed by XRD and HRTEM studies. The measured ET Of the glass-ceramics are found to be in good agreement with those predicted by the logarithmic mixture rule. Optical second harmonic generation (SHG) at 1064 nm has been observed in the heat treated samples and is attributed to the formation of crystalline Bi4Ti3O12 (BiT) phase in the SrB4O7 (SBO) matrix.

Total Synthesis of (+)-Eburnamonine

The enantiospecific total synthesis of vinca alkaloid (+)-eburnamonine is accomplished from L-ethyl lactate. Key feature of the synthesis is the construction of the chiral quaternary center involving a Johnson-Claisen rearrangement and assembly of the pentacyclic core by the Pictet-Spengler reaction and ring-closing metathesis.

Total Synthesis of (+)-Cladospolide A

A stereoselective total synthesis of (+)-cladospolide A from D-ribose is described. Key features of the synthesis include olefin cross metathesis and Yamaguchi lactonization.

An Expeditious Enantiospecific Total Synthesis of (-)-Crassalactone C

A concise and expeditious approach for the total synthesis of bioactive styryllactone (-)-crassalactone C is presented from tartaric acid. The main features of the synthesis include the desymmetrization of dimethylamide of tartaric acid and the effective use of cinnamoyl ester as a protecting group as well as a reactant in the ring-closing metathesis reaction.

Total Synthesis of (+)-Pinellic Acid

A straightforward strategy for the synthesis of (+)-pinellic acid in 16% overall yield and 13 steps, starting from (1R)-1-(furan-2-yl)hexan-1-ol, is described. Key reactions in the synthesis include a Sharpless kinetic resolution, oxidation of a protected furan to reveal a but-2-ene-1,4-dione moiety, and an asymmetric reduction.

Evaluation of the Genotoxic and Antigenotoxic Potential of the Alkaloid Punarnavine from Boerhaavia diffusa

Boerhaavia diffusa is a traditional herbal medicine extensively used in the Ayurveda and Unani forms of medicine in India and many parts of the world. Different parts of the plant are used as an appetizer, alexiteric, eye tonic, for flushing out the renal system, and to treat blood pressure. This study was conducted to evaluate the in vivo genotoxic and/or antigenotoxic potential of punarnavine, a separated alkaloid from the root of B. diffusa using toxicity studies (OECD guideline 474, 1997). The genotoxic and antigenotoxic potential of punarnavine was assayed using the comet assay on lymphocytes, liver, spleen, brain, and bone marrow as well as using the micronucleus test in bone marrow cells including the in vitro chromosomal aberration test. The results demonstrated that none of the tested doses of punarnavine showed genotoxic effects by the comet assay, or clastogenic effects in the micronucleus test. On the other hand, for all cells evaluated, the three tested doses of punarnavine promoted inhibition of DNA damage induced by cyclophosphamide. Based on these results, we concluded that punarnavine, an alkaloid from the Boerhaavia diffusa root, has no genotoxic or clastogenic effects in our experimental conditions. However, it caused a significant decrease in DNA damage induced by cyclophosphamide. It is suggested that the antigenotoxic properties of this alkaloid may be of great pharmacological importance and beneficial for cancer prevention.

Synthesis of Azepino4,5-b]indolones by an Intramolecular Cyclization of Unsaturated Tryptamides

A facile general route for the synthesis of azepino4,5-b]indolones is presented. The strategy involves a Bronsted acid assisted intramolecular cyclization of unsaturated tryptamides. The methodology developed has been applied to the synthesis of the ABCD tetracyclic core of the natural product tronocarpine.

Tetrathiomolybdate-Mediated Ring Opening of Isatoic Anhydrides: An Entry to S-Alkyl or S-Aryl 2-Aminobenzenecarbothioate Derivatives

Decarboxylative thioesterification of isatoic anhydrides mediated by benzyl(triethyl)ammonium tetrathiomolybdate gave the corresponding S-alkyl or S-aryl 2-aminobenzenecarbothioate derivatives at 60 degrees C. At ambient temperature, organic disulfides were reductive cleaved in the presence of tetrathiomolybdate to generate thiolate anions in situ; this was followed by attack on isatoic anhydrides to give the corresponding S-alkyl or S-aryl 2-aminobenzenecarbothioate derivatives. Additionally, it was shown that multistep reactions could be performed with tetrathiomolybdate, starting with an alkyl halide as a precursor of an alkyl disulfide, which, in turn, was used for ring opening of isatoic anhydrides.