One of the most prevalent rationales for public healthcare policies is a human right to healthcare. Governments are the typical duty-bearers, but they differ vastly in their capacity to help those vulnerable to serious health problems and those with severe disabilities. A right to healthcare is out of the reach of many developing economies that struggle to provide the most basic services to their citizens. If human rights to provision of such goods exist, then governments would be violating rights without (...) doing anything wrong. I argue that such variable ability to provide healthcare depends not only on financial resources, but on institutional capacity, and that the latter represents a more fundamental challenge to the existence of a human right to healthcare than previously recognized. This challenge does not imply that government has no obligations to protect and improve the health of their citizens, but that it is best to think of such obligations as generated by conventional rights, namely rights arising from local legal and social conventions, which require governments to pursue health-related moral goals such as reducing suffering, closing opportunity gaps for the disadvantaged, and preventing the spread of contagious diseases. We need not think of such moral goals in terms of human rights. (shrink)

International and domestic law offer a study in contrasts: States' legal obligations often depend on their consent to specific international legal norms, whereas domestic law applies to individuals with or without their consent; enforcement in international law is weak and, for many international treaties, non‐existent, whereas states spend considerable resources to create centralized coercive enforcement mechanisms; and international law is characterized by much less institutional differentiation and specialization of functions than domestic legal systems are. These differences have invited a number (...) of skeptical challenges to international law, 3 of which we explore in this essay. The first points to 1 or more of the deviations of international law's institutional structure from that of a modern state's legal system as a basis for denying that international law is really “law.” Central to the debates over international law's status as law are concerns about whether and why the concepts of law inherited from domestic legal systems should serve as the blueprint for theorizing law in general and international law in particular. The second skeptical challenge targets international law's legitimacy. It claims that we lack reasons to treat international legal norms or the exercise of political power by international institutions, as anything other than an attempt by states to advance their national interests. If this challenge succeeds, states and other subjects of international law have merely prudential reasons to comply with it rather than a moral duty to obey it. Following a brief description of recent debates over how we ought to understand the concept of legitimacy when used to assess international political practices or global governance, we survey several possible bases for a moral duty to obey or respect international law. These include state consent, instrumental accounts of legitimate authority, and global democracy. The third set of challenges focuses on the relationship between state sovereignty and international law. International rules and institutions often make demands for reform affecting the domestic law of a state in order to elicit compliance with international law. Skeptics argue that the rule of international law is incompatible with states' political self‐determination. Regardless of whether their defense of this claim ultimately succeeds, thoughtful engagement with it may well require us to rethink some of the fundamental concepts and normative ideals in political philosophy, including state sovereignty, democracy, individual rights, political authority, and political obligation. (shrink)

H. L. A. Hart proposed one of the most influential accounts of law, according to which law is a union of primary rules, which guide the behavior of the law’s subjects, and secondary rules, which guide officials in recognizing, changing, and interpreting primary rules. Writing at the end of the 1950s, Hart had serious doubts about whether international law meets the necessary criteria for a legal system. But there are several reasons to reconsider his position. One is that international law (...) has grown significantly since then, but a more important reason is that Hart provided an oversimplified description of the necessary and sufficient conditions for law provided by his account, and therefore of the nature of the international legal order. A proper understanding of Hart’s view gives us a richer and more accurate understanding of the essential features of law, but also a less precise yardstick by which to measure and characterize the various systems of rules, including international law. According to this new yardstick, international law fails to meet the criteria for a Hartian legal system, but for reasons other than those identified by Hart. (shrink)

There are no moral entitlements with respect to pollution prior to legal conventions that establish them, or so I will argue. While some moral entitlements precede legal conventions, pollution is part of a category of harms against interests that stands apart in this regard. More specifically, pollution is a problematic type of harm that creates liability only under certain conditions. Human interactions lead to harm and to the invasion of others’ space regularly, and therefore we need an account of undue (...) harm as a basis of assigning legal protections and obligations to different agents, which creates standards for holding those agents responsible for harm. Absent such positive standards with respect to pollution at the domestic or international level, it does not make sense to hold agents responsible. This fact has two fundamental implications. First, contrary to what some defenders of environmental justice argue, we cannot hold people responsible for polluting without a system of legal rights in place that assigns entitlements, protections, and obligations, and second, contrary to what opponents of environmental regulation claim, the lack of moral entitlements to pollute creates room for quite extensive legal restrictions on people’s ability to pollute for the sake of the environment and human health. Indeed the scope of those restrictions is wide and open-ended. (shrink)

At the heart of the tension between state autonomy and international law is the question of whether states should willingly restrict their freedom of action for the sake of international security, human rights, trade, communication, and the environment. David Hume offers surprising insights to answer this question. He argues that the same interests in cooperation arise among individuals as well as states and that their interactions should be regulated by the same principles. Drawing on his model of dynamic coordination, I (...) will reconstruct the Humean case for developing international law into a more robust legal system and also highlight the limitation of Hume’s account of justice for such a reconstructive project. Hume’s lessons are enduring; we must strengthen the essential features of international law that allow states and individuals to reap the benefits of its protections, such as nonoptional rules that articulate a moral minimum, courts with compulsory jurisdiction, and stronger mechanisms of enforcement. (shrink)

The use of private security companies by national governments is met with widespread skepticism. Less understood is the role these companies can play in international humanitarian interventions in the service of international organizations. I argue here that despite valid concerns about the use of such private entities, we should nonetheless see them as legitimate participants in efforts to secure human rights protection around the globe. In order to assess their legitimacy, we need to ensure, among other things, that they can (...) adhere to ethical standards when serving in humanitarian missions, that they can be held accountable when they fail to uphold the standard of justice enshrined in international law, and that their for-profit status does not have implications detrimental to humanitarian concerns. (shrink)

The rule of law is a moral ideal that protects distinctive legal values such as generality, equality before the law, the independence of courts, and due process rights. I argue that one of the main goals of an international rule of the law is the protection of individual and state autonomy from the arbitrary interference of international institutions, and that the best way to codify this protection is through constitutional rules restraining the reach of international law into the internal affairs (...) of a state. State autonomy does not have any intrinsic value or moral status of its own. Its value is derivative, resulting from the role it plays as the most efficient means of protecting autonomy for individuals and groups. Therefore, the goal of protecting state autonomy form the encroachment of international law will have to be constrained by, and balanced against the more fundamental goal of an international rule of law, the protection of the autonomy of individual persons, best realized through the entrenchment of basic human rights. (shrink)

Dienes & Perner argue that the explicit representation of an individual to which a property is attributed requires explicit representation of the attributed property. The reasons for this conclusion are similar to the reasons why another of their conclusions may be considered suspect: A property may be explicit without an explicit representation of an individual or the predication of the property to an individual. We question the latter conclusion and draw connections to neurophysiological and cognitive evidence.

The United States Court of Appeals for the District of Columbia Circuit held that the district court did not have jurisdiction over the American Chiropractor's Association's federal question claims brought under the Medicare Act, despite affirming the ACA's prudential standing to pursue its claims. The Appeals Court reversed the lower court's decision allowing a doctor of medicine or osteopathy to perform manual manipulations of the spine on Medicare beneficiaries to correct a subluxation.The Medicare program “subsidizes medical insurance for elderly and (...) disabled persons.” An enrollee selects a physician or obtains medical services through a managed-care provider, such as a health maintenance organization. (shrink)

We present a proof of the equivalence between two deductive systems for constructive necessity, namely an axiomatic characterisation inspired by Hakli and Negri's system of derivations from assumptions for modal logic , a Hilbert-style formalism designed to ensure the validity of the deduction theorem, and the judgmental reconstruction given by Pfenning and Davies by means of a natural deduction approach that makes a distinction between valid and true formulae, constructively. Both systems and the proof of their equivalence are formally verified (...) using the state-of-the-art proof assistant Coq. The proof approach taken throughout the paper unveils the use of some alternative proof methods that allow for a smooth transition from the high-level mathematical proofs to their mechanised counterparts. (shrink)

The United States Court of Appeals for the District of Columbia Circuit held that the district court did not have jurisdiction over the American Chiropractor's Association's federal question claims brought under the Medicare Act, despite affirming the ACA's prudential standing to pursue its claims. The Appeals Court reversed the lower court's decision allowing a doctor of medicine or osteopathy to perform manual manipulations of the spine on Medicare beneficiaries to correct a subluxation.The Medicare program “subsidizes medical insurance for elderly and (...) disabled persons.” An enrollee selects a physician or obtains medical services through a managed-care provider, such as a health maintenance organization. (shrink)

Although gains in generational intelligence test scores have been widely demonstrated around the world, researchers still do not know what has caused them. The cognitive stimulation and nutritional hypotheses summarize the several diverse potential causes that have been considered. This article analyses data for a sample of 499 children tested in 1930 and one equivalent sample of 710 children tested 72 years later, the largest gap ever considered. Both samples comprised children aged between 7 and 11 who were assessed by (...) the Draw-a-Man test in the city of Belo Horizonte, Brazil. Further, one additional sample of 132 children was assessed in 2004 in a rural area very similar in several diverse factors to the 1930 urban sample. The results are consistent with both the cognitive stimulation and the nutritional hypotheses. (shrink)

Data are lacking with regard to participants' perspectives on return of genetic research results to relatives, including after the participant's death. This paper reports descriptive results from 3,630 survey respondents: 464 participants in a pancreatic cancer biobank, 1,439 family registry participants, and 1,727 healthy individuals. Our findings indicate that most participants would feel obligated to share their results with blood relatives while alive and would want results to be shared with relatives after their death.

The Oxford Handbook of Freedom crafts the first wide-ranging analysis of freedom in all its dimensions: legal, cultural, religious, economic, political, and psychological. This volume includes 28 new essays by well regarded philosophers, as well some historians and political theorists.

The Oxford Handbook of Freedom crafts the first wide-ranging analysis of freedom in all its dimensions: legal, cultural, religious, economic, political, and psychological. This volume includes 28 new essays by well regarded philosophers, as well some historians and political theorists.

International law informs, and is informed by, concerns for global justice. Yet the two fields that engage most with prescribing the normative structure of the world order – international law and the philosophy of global justice – have tended to work on parallel tracks. Many international lawyers, with their commitment to formal sources, regard considerations of substantive (and not merely procedural) justice as ultra vires for much of their work. Philosophers of global justice, in turn, tend to explore the moral (...) commitments of international actors without grappling with the international legal doctrine or institutions. In recent years, however, both disciplines have begun to engage with one another more. This discussion among international lawyers and philosophers addresses the promises of and challenges to interdisciplinary approaches to global justice. The contributors consider the added value of philosophical inquiry to issues facing international law practitioners or scholars, the salience of of international law for political philosophy, and the methodological distinctions between the two fields. The contributors also identify promising lines and examples of interdisciplinary scholarship. (shrink)

This article explores the loss of social justice reported by individuals living in the environs of industrial wind turbines (IWTs). References indicate that some individuals residing in proximity to IWT facilities experience adverse health effects. These adverse health effects are severe enough that some families have abandoned their homes. Individuals report they welcomed IWTs into their community and the negative consequences were unexpected. Expressions of grief are exacerbated by the emotional and physical toll of individuals’ symptoms, loss of enjoyment of (...) homes and property, disturbed living conditions, financial loss, and the lack of society’s recognition of their situation. The author has investigated the reported loss of social justice through a review of literature, personal interviews with, and communications from, those reporting adverse health effects. The author’s intention is to create awareness that loss of social justice is being associated with IWT development. This loss of justice arises from a number of factors, including the lack of fair process, the loss of rights, and associated disempowerment. These societal themes require further investigation. Research by health professionals and social scientists is urgently needed to address the health and social impacts of IWTs operating near family homes. (shrink)

Bird kill rate and disruption of habitat has been reported when industrial wind turbines are introduced into migratory bird paths or other environments. While the literature could be more complete regarding the documentation of negative effects on birds and bird habitats during the planning, construction, and operation of wind power projects, there is sufficient evidence to raise concerns. Authoritative and mandatory vigilance monitoring and long-term surveillance over the life of the industrial wind facility are lacking. By the time the documentation (...) of the rate of bird kills, including that of endangered species is available in an environs of an industrial wind turbine facility, the damage may be irreversible. This article briefly explores the negative environmental impacts of the siting of industrial wind turbines and associated infrastructure, including transformer stations and transmission lines, in proximity to migratory bird corridors, wetlands, and nesting grounds. Research is required prior to proceeding with further industrial wind development in these environs. The authors propose that there is sufficient scientific evidence to require invoking the precautionary principle and halting further development until these risks are resolved. (shrink)

Industrial wind turbines (IWTs) are a new source of community noise to which relatively few people have yet been exposed. IWTs are being erected at a rapid pace in proximity to human habitation. Some people report experiencing adverse health effects as a result of living in the environs of IWTs. In order to address public concerns and assess the plausibility of reported adverse health effects, a number of literature reviews have been commissioned by various organizations. This article explores some of (...) the recent literature reviews on IWTs and adverse health effects. It considers the completeness, accuracy, and objectivity of their contents and conclusions. While some of the literature reviews provide a balanced assessment and draw reasonable scientific conclusions, others should not be relied on to make informed decisions. The article concludes that human health research is required to develop authoritative guidelines for the siting of IWTs in order to protect the health and welfare of exposed individuals. (shrink)

Industrial wind turbines (IWTs) are being installed at a fast pace globally. Researchers, medical practitioners, and media have reported adverse health effects resulting from living in the environs of IWTs. While there have been some anecdotal reports from technicians and other workers who work in the environs of IWTs, little is known about the occupational health sector. The purpose of this case study is to raise awareness about the potential for adverse health effects occurring among workers. The authors propose that (...) there is a need for research regarding occupational worker exposure relating to IWTs. (shrink)

Wind turbines produce sound that is capable of disturbing local residents and is reported to cause annoyance, sleep disturbance, and other health-related impacts. An acoustical study was conducted to investigate the presence of infrasonic and low-frequency noise emissions from wind turbines located in Falmouth, Massachusetts, USA. During the study, the investigating acousticians experienced adverse health effects consistent with those reported by some Falmouth residents. The authors conclude that wind turbine acoustic energy was found to be greater than or uniquely distinguishable (...) from the ambient background levels and capable of exceeding human detection thresholds. The authors emphasize the need for epidemiological and laboratory research by health professionals and acousticians concerned with public health and well-being to develop effective and precautionary setback distances for industrial wind turbines that protect residents from wind turbine sound. (shrink)

There is probably only one information system in living nature — the macromolecular system including DNA, RNA and protein. Its unity for the genetic and nervous activity can be followed in the storage of information (heredity, memory) and in its processing (recombination and selection of both genetic and mental information). According to the hypothesis of the code of nerve impulses, nucleotide triplets of the nucleus, or more likely amino acids of the surface protein of the impulse generating area of a (...) neuron, generate a limited variety of interspike intervals so that each amino acid corresponds to a certain interspike interval and this particular interval initiates by means of a specific neurotransmitter, the synthesis of the same amino acid (or nucleotide triplet) in the postsynaptic neuron. Thus, a series of impulses produces in the postsynaptic neuron a sequence of amino acids in a form of a polypeptide identical to the polypeptide of the presynaptic neuron. (shrink)

Marta Suria writes *Ella soy yo* as part of her response to the irruption of the memories of the sexual aggressions she had suffered since childhood. She is convinced that the way she narrates her experience will transform and liberate her. How is it at all possible that a certain kind of narrative may transform and li- berate us? In this paper, we will first describe the conception of the relationship between language and experience that lies behind this perplexity and, (...) secondly, we will sketch an alternative conception that will hopefully allow us to account for the transformative power of certain kinds of narratives. This alternative conception will hinge on the idea of expression and on the concept of aspect perception. For this purpose, we will firstly argue that language can be used not only to describe or evaluate our experience, but also to express it; we will, then, defend the view that linguistic or gestural expressions of our experiences not only announce or manifest them, but contribute to shaping and modulating them; finally, we will highlight the transformative, humanizing power of certain expressive uses of language. (shrink)

Equational reasoning arises in many areas of mathematics and computer science. It is a cornerstone of algebraic reasoning and results essential in tasks of specification and verification in functional programming, where a program is mainly a set of equations. The usual manipulation of identities while conducting informal proofs obviates many intermediate steps that are neccesary while developing them using a formal system, such as the equationally complete Birkhoff calculus ${\mathcal{B}}$. This deductive system does not fit in the common manner of (...) doing mathematical proofs, and it is not compatible with the mechanisms of proof assistants. The aim of this work is to provide a deductive system ${\mathcal{B}}^{\textrm{GOAL}}$ for equality, equivalent to ${\mathcal{B}}$ but suitable for constructing equational proofs in a backward fashion. This feature makes it adequate for interactive proof-search in the approach of proof assistants. This will be achieved by turning ${\mathcal{B}}^{\textrm{GOAL}}$ into a transition system of formal tactics in the style of Edinburgh LCF, such transformation allows us to give a direct formal definition of backward proof in equational logic. (shrink)

In eukaryotic cells the nucleus and its contents are separated from the cytoplasm by the nuclear envelope. Macromolecules, as well as smaller molecules and ions, can cross the nuclear envelope through the nuclear pore complex. Molecules greater than approx. 60 kDa and containing a nuclear localization signal are actively transported across the nuclear membranes, but there has been little evidence for regulatory mechanisms for smaller molecules and ions. Recently, diffusion across the nuclear envelope has been observed to be regulated by (...) nuclear cisternal Ca2+ concentrations. Following depletion of Ca2+ from the nuclear store by inositol 1,4,5‐trisphosphate or Ca2+ chelators, a fluorescent 10 kDa marker molecule was no longer able to enter the nucleus. Distinct conformational states of the nuclear pore complexes depended on the Ca2+ filling state of the nuclear envelope, supporting the assumption that a switch in the conformation of the nuclear pore complex may control the transport of intermediate‐sized molecules across the nuclear envelope. Thus nuclear Ca2+ stores may regulate the conformational state of the nuclear pore complex, and thereby passive diffusion of molecules between the cytosol and the nucleoplasm. The physiological significance of this finding is currently unknown. (shrink)

Industrial wind turbines have been operating in many parts of the globe. Anecdotal reports of perceived adverse health effects relating to industrial wind turbines have been published in the media and on the Internet. Based on these reports, indications were that some residents perceived they were experiencing adverse health effects. The purpose of the WindVOiCe health survey was to provide vigilance monitoring for those wishing to report their perceived adverse health effects. This article discusses the results of a self reporting (...) health survey regarding perceived adverse health effects associated with industrial wind turbines. (shrink)

Studie má za cíl představit strukturu Hayekova evolucionismu. Argumentace postupuje v několika krocích: Východiskem je historicko- systematická expozice způsobu, jakým evoluční teorie ovlivnila Hayekovu filosofii, především s ohledem na periodizaci vývoje jeho myšlení a systematické odlišení explanans a explanandum v rámci jeho teorie vědy. Dále je rozebírán způsob, jakým Hayek rozvíjí svoji metodologii vědy. V této souvislosti je argumentováno ve prospěch teze, že Hayekovo pojetí metodologického dualismu je důsledkem ovlivnění evoluční teorií. Zároveň je evoluční teorie představena jako nástroj vysvětlení, konkrétně (...) pak tzv. vysvětlení vzorce. Následně je představeno Hayekovo pojetí společnosti v kontextu kulturní evoluce. Společnost je interpretována jako řád jednání a je kladen důraz na Hayekovo vnímání společnosti jako řádu vyvíjejícího se společně s lidskou myslí. Na základě těchto předpokladů je v poslední části rozvinuto Hayekovo pojetí mysli. Toto pojetí vychází z konekcionistické pozice. Dále argumentuji proti tradičnímu pohledu na Hayekovu filosofii jako rozvíjení Kantovy filosofie. Závěr rekapituluje základní body Hayekova evolucionismu. (shrink)

We give an exponential lower bound on the number of proof-lines in intuitionistic propositional logic, IL, axiomatised in the usual Frege-style fashion; i.e., we give an example of IL-tautologies A1,A2,… s.t. every IL-proof of Ai must have a number of proof-lines exponential in terms of the size of Ai. We show that the results do not apply to the system of classical logic and we obtain an exponential speed-up between classical and intuitionistic logic.

Job crafting has been established as a bottom-up work design instrument for promoting health and well-being in the workplace. In recent years, the concepts of job crafting have been applied to the university student context, proving to be positively related to student well-being. Building on person-centered analyses from the employment context, we assessed approach study crafting strategy combinations and the relationships to students’ exhaustion, study engagement, and general well-being. Data from 2,882 German university students were examined, collected online during the (...) summer term in 2020. Using latent profile analysis, we found five distinct crafting groups, which showed discriminate validity with regard to emotional exhaustion, engagement, and well-being. The results underscore the positive role of study crafting for students’ health and well-being. They further indicate a less important role of increasing social resources for emotional exhaustion when combined with a moderate increase in structural resources and a moderate increase in challenging demands. Our findings imply that interventions to promote study crafting should be considered to promote student health and well-being. (shrink)

The article offers a rigorous explication of the intuitive notion of verisimilitude, I.E., Of the distance of a theory from the truth. The proposal is defended against charges of material inadequacy made by popper, Niniluoto, And miller.

The article focuses on process management in public administration using the specific case study of the statutory city of Ostrava. Based on the selected part of the PAPRIS methodology, the process management is verified, and conclusions from the application of information system e-SMO are generalized. Ostrava is third the biggest city in Czech Republic with approximately 320 thousand citizen. Article describes experiences with SW implements, which are used for model of process in public administration. Particulary at local authority of Ostrava (...) town. Model of process is a basis for reengineering of process in state administration and preparation for implementation of big information systems. Mapping of process is providing implement and confirmation methodology to identify existing processes. Problem with its using consist in that, senior manager don’t informs, what organization is determination by processes. If are not described in given to organization current processes, or how would have had look new optimum processes, will not endeavour about reengineering successful. Procedural analysis namely offer tool and check methodology to identification current suit and it is possible him use either as instruction for reengineering function handling administrative and self-rule activities. Purpose of the article: The PAPRIS methodology was used when defining the objectives for implementation of the information system for public administration. This methodology has been elaborated by one of the authors and published in a very general scheme when solving many case studies,,. We assume that the PAPRIS is primarily a methodology with incorporated elements of procedural approach for project management in public administration information systems. The specific supporting process of communication between the client and the e-SMO system has been chosen for verification. The model of supporting communication process, created by ARIS tools, is crucial, and the structure of scripts is subsequently made. The aim of this article is to verify that the methodology is sufficient and appropriate to manage such a large project such, undoubtedly, is the e-SMO. Methodology/methods: Defined productive and non-productive processes with their defined process cuts represent a crucial category for the process structure of IS projects. This is fully accepted by the PAPRIS methodology. Process cuts are understood, in the logic modelling according to the PAPRIS methodology, as clearly defined logic directional cuts in three-dimensional space of all project processes. The process set is systemically categorized, in a given logic directional cut, into mutually disjoint process subsets, which are characterized by this particular directional operator. The directional operator always has a clear logical allocation that is based on the construction of a process view. Theoretically, an infinite number of process views can be used. One of the important issues in a methodology for the case studies includes the size of the research sample. It is usually assumed that there is no ideal number of cases and that the number between four and ten usually provides good results. Other authors defining against any quantitative standards for any determination of the sample size of the case studies, since such an approach denies the internal logic of this methodology and the richness of the information obtained from participants in the research. Research which is carried out using case studies does not aspire on compliance with the requirement the representativeness of the sample.. Methodology of case studies is among the established guidelines of qualitative research. Research on using case studies in the last 30 years has seen an extraordinary increase in social-scientific research, including research on business and management. Scientific aim: The essential aim of this study is to describe the way the process cut defines a productive process and non-productive process, in accordance with the PAPRIS methodology using the specific example. While the triggering mechanism of the project production process is an event causing its own production - i.e. the specific output with added value for the customer, the project of non-productive process is caused by the project management event. Therefore, it is caused by the need to control, monitor, track, inspect, evaluate outputs, decide and regulate the project implementation. Findings: Within the support of the communication process, two examples were used to verify the methodology. The global perspective on the process was created in ARIS tools and the communication between the call centre and the client was made in Visio tools. The PAPRIS methodology is based on the concept of process variability, which has been clearly formulated. The fundamental direction of the process development, anticipated changes and the opportunity to react to them in accordance with defined objectives of the PAIS project are guaranteed. (shrink)