Resettled and unsettled: Syrian refugees and the intersection of race and legal status in the United States

ABSTRACT

In this article, I examine how the intersection of legal status and racialization shapes immigrant’s sense of security; or of legal and interpersonal safety. I draw on an ethnography of Syrian refugees who hold a permanent legal status, and who entered the United States in 2015, as Donald Trump was launching his campaign, amplifying anti-Muslim and anti-refugee sentiment. Following refugee experiences from their arrival, through the issuance of the first executive order banning travel in January 2017, I show how this group, racialized as Muslim and Arab, was categorized as a threat to national security. I also capture the uneven way they came to recognize their racialization. While a permanent legal status is likely a necessary condition for feeling a sense of security in the United States, I argue that it is an insufficient one. I show that Syrian refugees’ racialization attenuated their sense of security despite their legal status.     

‘VAGUE OVIEDO’: AUTONOMY,CULTURE AND THE CASE OF PREVIOUSLY COMPETENT PATIENTS

The paper examines the ethical and legal challenges of making decisions for previously competent patients and the role of advance directives and legal representatives in light of the Oviedo Convention. The paper identifies gaps in the Convention that result in conflicting instructions in cases of a disagreement between the expressed prior wishes of a patient, and the legal representative. The authors also examine the legal and moral status of informally expressed prior wishes of patients unable to consent. The authors argue that positivist legal reasoning is insufficient for a consistent interpretation of the relevant provisions of the Convention and argue that ethical argumentation is needed to provide guidance in such cases. Based on the ethical arguments, the authors propose a way of reconciling the apparent inconsistencies in the Oviedo Convention. They advance a culturally sensitive approach to the application of the Convention at the national level. This approach understands autonomy as a broader, relational consent and emphasizes the social and cultural embeddedness of the individual. Based on their approach, the authors argue that there exists a moral obligation to respect the prior wishes of the patient even in countries without advance directives. Yet it should be left to the national legislations to determine the extent of this obligation and its concrete forms.     

Respect of law or respect through law?

What is the role of law and legality in social resilience? This review essay highlights how a sociology of law, culture, and institutions underwrites many of the findings of Getting Respect: Responding to Stigma and Discrimination in the United States, Brazil &; Israel. The book provides a trenchant analysis of group boundaries, stigma, and destigmatization across three cities worldwide. I suggest that in addition to the role of formal law and legal constraints that the book identifies, we can attend to how legality offers a repertoire for resilience on which people draw when faced with stigma, discrimination, or contentious situations, even when formal law falls short. In this way, combining a sociology of law with a sociology of culture can provide us with an understanding of how societies offer social resilience, and how this resource varies across social, national, and legal contexts.     

Karl Popper,Forensic Science,and Nested Codes

This paper utilizes the framework of Karl Popper’s 3-world ontology to make the case that forensic science is a specialized coding system that establishes meaningful connections between the world of biology (world 1) and the world of human society (world 3). Forensic science is a cross-disciplinary endeavor that uses scientific methods to determine what transpired in a crime so the legal system can determine how to prosecute the offender(s). On a Popperian analysis of forensic science, world 1 consists of evidence gathered at the crime scene, which enables investigators to develop a detailed reconstruction of the incident for consideration under the legal and ethical codes of society, which are products of world 3. Understanding forensic science in this way serves two purposes: first, it extends Marcello Barbieri’s code biology into the realm of philosophical considerations in science, law and ethics; and second, it situates forensic science within the larger context of debates in contemporary philosophy of science.     

The development of property rights in biotechnology

The translation of biological theory into engineering (biotechnology) has resulted in the development of novel products and processes. Some of these products are living organisms, usually containing unique genetic arrangements not found in nature. The extension of legal protection to products and processes was required in order for biotechnology to become an unexceptional way in which to do business. The American experience with biotechnology, repeated elsewhere, is demonstrated to have proceeded first through the negotiation of obstacles in administrative law and second through challenges to property law. This outcome for the regulatory management of biotechnology and the legal protection of its products may be interpreted as a function of a cultural bias for scientific authority and progress ideology.     

Social Responsibility and the State's Duty to provide Healthcare: An Islamic Ethico‐Legal Perspective

The United Nations Educational, Scientific and Cultural Organization's (UNESCO) Declaration on Bioethics and Human Rights asserts that governments are morally obliged to promote health and to provide access to quality healthcare, essential medicines and adequate nutrition and water to all members of society. According to UNESCO, this obligation is grounded in a moral commitment to promoting fundamental human rights and emerges from the principle of social responsibility. Yet in an era of ethical pluralism and contentions over the universality of human rights conventions, the extent to which the UNESCO Declaration can motivate behaviors and policies rests, at least in part, upon accepting the moral arguments it makes. In this essay I reflect on a state's moral obligation to provide healthcare from the perspective of Islamic moral theology and law. I examine how Islamic ethico‐legal conceptual analogues for human rights and communal responsibility, ?uqūq al‐’ibād and far? al‐kifāyah and other related constructs might be used to advance a moral argument for healthcare provision by the state. Moving from theory to application, I next illustrate how notions of human rights and social responsibility were used by Muslim stakeholders to buttress moral arguments to support American healthcare reform. In this way, the paper advance discourses on a universal bioethics and common morality by bringing into view the concordances and discordances between Islamic ethico‐legal constructs and moral arguments advanced by transnational health policy advocates. It also provides insight into applied Islamic bioethics by demonstrating how Islamic ethico‐legal values might inform the discursive outputs of Muslim organizations.     

DEADLY PLURALISM? WHY DEATH‐CONCEPT,DEATH‐DEFINITION,DEATH‐CRITERION AND DEATH‐TEST PLURALISM SHOULD BE ALLOWED,EVEN THOUGH IT CREATES SOME PROBLEMS

Death concept, death definition, death criterion and death test pluralism has been described by some as a problematic approach. Others have claimed it to be a promising way forward within modern pluralistic societies. This article describes the New Jersey Death Definition Law and the Japanese Transplantation Law. Both of these laws allow for more than one death concept within a single legal system. The article discusses a philosophical basis for these laws starting from John Rawls' understanding of comprehensive doctrines, reasonable pluralism and overlapping consensus. It argues for the view that a certain legal pluralism in areas of disputed metaphysical, philosophical and/or religious questions should be allowed, as long as the disputed questions concern the individual and the resulting policy, law or acts based on the policy/law, do not harm the lives of other individuals to an intolerable extent. However, while this death concept, death definition, death criterion and death test pluralism solves some problems, it creates others.     

If Unprofessional Conduct Is Charged by the California Board of Medical Quality Assurance

The right of a physician to practice his or her chosen profession must be balanced against the right of the public to be protected from unprofessional conduct by physicians. By providing notice and a hearing before imposing discipline, if any, on a physician for unprofessional conduct, the California Board of Medical Quality Assurance meets the basic requirements of procedural due process. However, although the constitutional rights of the physician may be protected in this way, the administrative disciplinary process itself is likely to be an arduous experience. A basic understanding of the nature and legal effect of such disciplinary proceedings may assist a physician in defending against the charges.     

How Are the Interests of Incapacitated Research Participants Protected through Legislation? An Italian Study on Legal Agency for Dementia Patients

Background

Patients with dementia may have limited capacity to give informed consent to participate in clinical research. One possible way to safeguard the patients'' interests in research is the involvement of a proxy in the recruitment process. In Italy, the system of proxy is determined by the courts. In this study we evaluate the timing for appointment of a legal proxy in Italy and identify predictive variables of appointment.

Methodology/Principal Findings

Subjects were recruited among the outpatients seeking medical advice for cognitive complaints at the Centre for Research and Treatment of Cognitive Dysfunctions, University of Milan, “Luigi Sacco” Hospital.The Centre was participating to the AdCare Study, a no-profit randomised clinical trial coordinated by the Italian National Institute of Health. The requirement that informed consent be given by a legal representative dramatically slowed down the recruitment process in AdCare, which was prematurely interrupted. The Centre for Research and Treatment of Cognitive Dysfunctions collected data on the timing required to appoint the legal representatives. Patients diagnosed with dementia and their caregivers were provided information on the Italian law on legal agency (law 6/2004). At each scheduled check-up the caregiver was asked whether she/he had applied to appoint a legal proxy for the patient and the time interval between the presentation of the law, the registration of the application at the law court chancellery and the sentence of appointment was registered. The study involved 169 demented patients. Seventy-eight patients (46.2%) applied to appoint a legal proxy. These subjects were usually younger, had been suffering from dementia for a longer time, had less than two children and made more use of memantine. The mean interval time between the presentation of the law and the patients'' application to the law court chancellery was two months. The mean interval time between the patient''s application to the law court chancellery and the sentence of appointment was four months.

Conclusions/Significance

In Italy the requirement that legal representatives be appointed by the courts slows down subjects'' participation in research. Other procedures for legal agency of the incapacitated patients may be adopted, taking as examples other EU countries'' systems.     

Physicians and the minefield surrounding informed consent.

Most of the legal cases that follow the informed-consent standard set in recent court cases have involved surgical procedures. However, issues concerning a pregnant British Columbia mother who contracted chicken pox and whose child was subsequently born with severe medical complications demonstrate the complexity of medical decision making and the inadequacy of established legal requirements, especially when consent has dimensions beyond technical considerations usually associated with medical procedures. The problem physicians face, says lawyer Karen Capen, is to find a way to balance a range of professional responsibilities and the overriding fiduciary obligation to patients in matters associated with informed decision making and consent.     

Documented lives: fear and the uncertainties of law during the second Palestinian intifada

This article examines the role of identity documents in producing the particular texture of relationships between persons and states in the Israeli-Palestinian conflict. For many people in the region the forms of legal identification they hold are central to their life chances. Considerable efforts are therefore made in trying to accumulate and manipulate documents for political and economic advantage. However, the implications of holding identity documents are always partial and unstable. This article argues that identity documents penetrate into the lives of those who hold them, not as reifying abstractions, but as an unpredictable and unstable technique of governance, producing fear and uncertainty for all those subject to their use. Although the production of identity documents creates a separation between the legal and the physical person, these two aspects of personhood are recombined as, through their anxieties, people come to embody the indeterminacies of the documents that they hold. In this way documents produce legibility and illegibility, stability and instability, coherence and incoherence.     

Homo Nullius or `Where Have All the People Gone‘? Refiguring Marine Management and Conservation Approaches

In Australia, much has been said and written about recent events which finally brought about the rejection of the Western legal concept of terra nullius. The legal recognition of native title in Australia and elsewhere, does not necessarily signify a corresponding and dramatic change in the social status and political position of indigenous peoples. This discontinuity between legal and social discourses is particularly evident when it comes to matters concerning conservation, resource management and sustainable development in a marine environment. All too often in these situations indigenous peoples are ignored and their concerns are dismissed as obstacles to development. They are, to all practical extents and purposes, homo nullius. Drawing upon a range of material from Indonesia and Australia, I argue that in order to understand the phenomenon of homo nullius it is instructive to examine the way we and others think, talk and write about such things as the sea, marine species and the indigenous peoples who possess and use these spaces and resources. In this connection, I focus upon two particular discourses which not only inform marine management and conservation approaches but which also have a tendency to create similar kinds of effects in terms of power, knowledge and agency.     

Der schmale Grat zwischen Prävention und Placebo: Nahrungsergänzungsmittel

Consumers expect vitamin and mineral supplements to protect them against diseases. In Germany the legal basis of food supplements is the national food law, therefore any advertising regarding diseases is forbidden. Since there exist no definition and no legal basis for the product group by now, there are many products with illegal advertisement and without any health effect in the market. Furthermore the differentiation from other product categories, especially drugs, is difficult. Food supplements can help to meet the needs for critical nutrients and are able to ameliorate the supply of health protecting substances. This is especially important for risk groups with higher nutrient requirements or low energy intake. The bioavailability of substances from supplements is mostly better than from food. Therefore dosages should correspond to those taken by normal food consumption. It is the pragmatic way to use food supplements in order to prevent inadequate nutrient intake especially in risk groups.     

Risky subjects: narrative,literary <Emphasis Type="Italic">testimonio</Emphasis> and legal testimony

This article compares the textual production of legal testimony with that of literary testimonio. Using the controversy sparked by David Stoll’s exposé of Rigoberta Menchú’s less than “factual” account of her life lived amidst the genocide of indigenous peoples in Guatemala, the analysis asks why Menchú should be indicted or acquitted based on cultural notions of legal testimony. I use the concept of language ideologies to explore how listeners hold narrators to standards of truth. By suggesting that there are interpretive ideologies of narrative production and function at work, the argument is made that any detractor can find a way to discredit narrative truth. I show this by examining how Latina women and state actors create legal testimony about domestic abuse. While these narratives share much with the Menchú testimonio, in particular the risks they present to their narrators, I conclude that the everyday victim in the U.S. adversarial system has much more to lose, and inevitably has far less discursive power, than Menchú. I examine these topics and themes from sociolinguistic and discourse analytic perspectives.     

Teaching reading,writing, speaking and risk: dialoguing with Eades,French and Lecuna

This article compares the textual production of legal testimony with that of literary testimonio. Using the controversy sparked by David Stoll’s exposé of Rigoberta Menchú’s less than “factual” account of her life lived amidst the genocide of indigenous peoples in Guatemala, the analysis asks why Menchú should be indicted or acquitted based on cultural notions of legal testimony. I use the concept of language ideologies to explore how listeners hold narrators to standards of truth. By suggesting that there are interpretive ideologies of narrative production and function at work, the argument is made that any detractor can find a way to discredit narrative truth. I show this by examining how Latina women and state actors create legal testimony about domestic abuse. While these narratives share much with the Menchú testimonio, in particular the risks they present to their narrators, I conclude that the everyday victim in the U.S. adversarial system has much more to lose, and inevitably has far less discursive power, than Menchú. I examine these topics and themes from sociolinguistic and discourse analytic perspectives.     

人体器官获取的法伦理思考

尊重供者意愿的器官获取是各国普遍遵从的方式。绝大多数国家采取无偿捐献的法律模式,少数国家为解决器官短缺问题,采取强制征收尸体器官或者国家控制下的有偿交易模式。这种模式尽管一定程度上解决了器官来源不足的问题,然而,却因违背了全球公认的人权理念和生命伦理原则而受到质疑。我国无偿自愿捐献的器官获取法律模式存在激励机制缺失和体系不完善等缺陷,对此进行了深入的法伦理分析,并提出了构建器官获取激励机制和完善器官获取体系等措施。     

Cognitive neuroscience and the law

Advances in cognitive neuroscience now allow us to use physiological techniques to measure and assess mental states under a growing set of circumstances. The implication of this growing ability has not been lost on the western legal community. If biologists can accurately measure mental state, then legal conflicts that turn on the true mental states of individuals might well be resolvable with techniques ranging from electroencephalography to functional magnetic resonance imaging. Therefore, legal practitioners have increasingly sought to employ cognitive neuroscientific methods and data as evidence to influence legal proceedings. This poses a risk, because these scientific methodologies have largely been designed and validated for experimental use only. Their subsequent use in legal proceedings is an application for which they were not intended, and for which those methods are inadequately tested. We propose that neurobiologists, who might inadvertently contribute to this situation, should be aware of how their papers will be read by the legal community and should play a more active role in educating and engaging with that community.     

Law and ‘race’ in the citizenship spaces of Myanmar: spatial strategies and the political subjectivity of the Burmese Chinese

As Myanmar undergoes political and societal transition, observers are asking questions about citizenship and ethnic identity. How does one think about citizenship and people's negotiations with law in political-legal regimes that do not subscribe to liberal democratic norms? This paper investigates how law marginalizes the Burmese Chinese minority in Myanmar and the nature of their legal participation. Since law asserts cultural power impacting the way people think and behave, we engage with the concept of legal consciousness to understand how perceptions of legal vulnerability shape political subjectivity ambivalently. The paper highlights the spatial strategies and everyday practices that the Burmese Chinese deploy to navigate oppressive laws, but signals that internal social divisions and geopolitical considerations deter collective action towards rights assertion. It argues that studying the multiple sites and scales through which law is engaged contributes towards recovering citizenship aspirations where engagement with power and authority are articulated differently from Western norms.     

Ethical and legal implications of pharmacogenomics

Pharmacogenomics is the application of genomics technology to the discovery and development of drugs. A greater understanding of the way in which individuals with a particular genotype respond to a drug allows manufacturers to identify population subgroups that will benefit most from a particular drug. The increasing emphasis on pharmacogenomics is likely to raise ethical and legal questions regarding, among other things, the design of research studies, the construction of clinical trials and the pricing of drugs.     

The Selective Allure of Neuroscientific Explanations

Some claim that recent advances in neuroscience will revolutionize the way we think about human nature and legal culpability. Empirical support for this proposition is mixed. Two highly-cited empirical studies found that irrelevant neuroscientific explanations and neuroimages were highly persuasive to laypersons. However, attempts to replicate these effects have largely been unsuccessful. Two separate experiments tested the hypothesis that neuroscience is susceptible to motivated reasoning, which refers to the tendency to selectively credit or discredit information in a manner that reinforces preexisting beliefs. Participants read a newspaper article about a cutting-edge neuroscience study. Consistent with the hypothesis, participants deemed the hypothetical study sound and the neuroscience persuasive when the outcome of the study was congruent with their prior beliefs, but gave the identical study and neuroscience negative evaluations when it frustrated their beliefs. Neuroscience, it appears, is subject to the same sort of cognitive dynamics as other types of scientific evidence. These findings qualify claims that neuroscience will play a qualitatively different role in the way in which it shapes people’s beliefs and informs issues of social policy.