This article focuses on the ethical implications of so-called ‘collateral damage’. It develops a moral typology of collateral harm to innocents which occurs as a side effect of military or quasi-military action. Distinguishing between accidental and incidental collateral damage, it introduces four categories of such damage: negligent, oblivious, knowing, and reckless collateral damage. Objecting mainstream versions of the doctrine of double effect, in the article it is argued that in order for any collateral damage to (...) be morally permissible, violent agents must comply with high standards of care. In order for incidental harm to be permissible, an agent must take pains to avoid such harm even at higher cost to him. Adding to the doctrine, it is argued that accidentally, but negligently caused collateral damage may be just as difficult to excuse as incidental harm. Only if high precautionary standards of care are met, unintended harm to innocents – incidental or accidental – can be permissible. In practice, such a strong commitment to avoiding harm to civilians may well lead us to question more generally and rethink more radically how violent conflicts ought to be fought, how military violence ought to be used and whether there are better ways of achieving those aims that we think are legitimate than those we are currently taking. (shrink)
The present article is aimed at dealing with certain questions of compensation for damage, caused by the criminally insane person. Disposal of a civil action on compensation for damage, caused by the criminally insane person, in the criminal procedure is analyzed in the first part of the article. The subjects, who are responsible for compensating for damage, caused by the criminally insane person’s deed, are dealt with in the second part. Not only the respective rules of law, (...) stated in the Civil Code of the Republic of Lithuania and in the Criminal Process Code of the Republic of Lithuania, are systemically analyzed in the present article, but the court practice is considered from the aspect of the items, which are relevant to the theme under investigation, and is systematized. (shrink)
This article begins by comparing terror and death and then focuses on whether killing combatants and noncombatants as a mere means to create terror, that is in turn a means to winning a war, is ever permissible. The role of intentions and alternative acts one might have done is examined in this regard. The second part of the article begins by criticizing a standard justification for causing collateral (side effect) deaths in war and offers an alternative justification that makes use (...) of the idea of group liability. (shrink)
We argue that Graziano and Kastner are mistaken to claim that neglect favors their self-directed social perception account of consciousness. For the latter should not predict that neglect would result from damage to mechanisms of social perception. Neglect is better explained in terms of damage to attentional mechanisms.
Recent neuroscientific evidence brings into question the conclusion that all aspects of consciousness are gone in patients who have descended into a persistent vegetative state (PVS). Here we summarize the evidence from human brain imaging as well as neurological damage in animals and humans suggesting that some form of consciousness can survive brain damage that commonly causes PVS. We also raise the issue that neuroscientific evidence indicates that raw emotional feelings (primary-process affects) can exist without any cognitive awareness (...) of those feelings. Likewise, the basic brain mechanisms for thirst and hunger exist in brain regions typically not damaged by PVS. If affective feelings can exist without cognitive awareness of those feelings, then it is possible that the instinctual emotional actions and pain "reflexes" often exhibited by PVS patients may indicate some level of mentality remaining in PVS patients. Indeed, it is possible such raw affective feelings are intensified when PVS patients are removed from life-supports. They may still experience a variety of primary-process affective states that could constitute forms of suffering. If so, withdrawal of life-support may violate the principle of nonmaleficence and be tantamount to inflicting inadvertent "cruel and unusual punishment" on patients whose potential distress, during the process of dying, needs to be considered in ethical decision-making about how such individuals should be treated, especially when their lives are ended by termination of life-supports. Medical wisdom may dictate the use of more rapid pharmacological forms of euthanasia that minimize distress than the de facto euthanasia of life-support termination that may lead to excruciating feelings of pure thirst and other negative affective feelings in the absence of any reflective awareness. (shrink)
Michael Cholbi thinks that the claim that motive internalism (MI), the thesis that moral beliefs or judgments are intrinsically motivating, is the best explanation for why moral beliefs are usually accompanied by moral motivation. He contests arguments that patients with ventromedial (VM) frontal brain damage are counterexamples to MI by denying that they have moral beliefs. I argue that none of the arguments he offers to support this contention are viable. First, I argue that given Cholbi's own commitments, he (...) cannot account for VM patients' behavior without attributing moral beliefs to them. Secondly, I show that his arguments that we should not believe their self-reports are unconvincing. In particular, his argument that they cannot self-attribute moral beliefs because they have a defective theory of mind is flawed, for it relies upon a misreading of both the empirical and theoretical literatures. The avenues remaining to Cholbi to support motive internalism are circular, for they rely upon an internalist premise. I provide an alternative picture consistent with neuroscientific and psychological data from both normals and those with VM damage, in which connections between moral belief and motivation are contingent. The best explanation for all the data is thus one in which MI is false. (shrink)
Neuroimaging studies of brain-damaged patients diagnosed as in the vegetative state suggest that the patients might be conscious. This might seem to raise no new ethical questions given that in related disputes both sides agree that evidence for consciousness gives strong reason to preserve life. We question this assumption. We clarify the widely held but obscure principle that consciousness is morally significant. It is hard to apply this principle to difficult cases given that philosophers of mind distinguish between a range (...) of notions of consciousness and that is unclear which of these is assumed by the principle. We suggest that the morally relevant notion is that of phenomenal consciousness and then use our analysis to interpret cases of brain damage. We argue that enjoyment of consciousness might actually give stronger moral reasons not to preserve a patient's life and, indeed, that these might be stronger when patients retain significant cognitive function. (shrink)
It is often assumed that similar domain-specific behavioural impairments found in cases of adult brain damage and developmental disorders correspond to similar underlying causes, and can serve as convergent evidence for the modular structure of the normal adult cognitive system. We argue that this correspondence is contingent on an unsupported assumption that atypical development can produce selective deficits while the rest of the system develops normally (Residual Normality), and that this assumption tends to bias data collection in the field. (...) Based on a review of connectionist models of acquired and developmental disorders in the domains of reading and past tense, as well as on new simulations, we explore the computational viability of Residual Normality and the potential role of development in producing behavioural deficits. Simulations demonstrate that damage to a developmental model can produce very different effects depending on whether it occurs prior to or following the training process. Because developmental disorders typically involve damage prior to learning, we conclude that the developmental process is a key component of the explanation of endstate impairments in such disorders. Further simulations demonstrate that in simple connectionist learning systems, the assumption of Residual Normality is undermined by processes of compensation or alteration elsewhere in the system. We outline the precise computational conditions required for Residual Normality to hold in development, and suggest that in many cases it is an unlikely hypothesis. We conclude that in developmental disorders, inferences from behavioural deficits to underlying structure crucially depend on developmental conditions, and that the process of ontogenetic development cannot be ignored in constructing models of developmental disorders. Key Words: Acquired and developmental disorders; connectionist models; modularity; past tense; reading. (shrink)
Everyday there are revelations of organizations behaving in discreditable ways. Sometimes these actions result in damage to an organization's reputation, but often they do not. In this article, we examine the question of why external stakeholders may overlook disclosed discreditable actions, even those entailing ethical breaches. Drawing on stigmatization theory, we develop a model to explain the likelihood of reputational loss following revelations of discreditable actions. The model integrates four properties of actions (perceived control, perceived certainty, perceived threat, and (...) perceived deviance), stakeholder motivation, and media coverage. Implications for theory and for practitioners concerned with reputation management are discussed. (shrink)
In the discussion about consequences of the release of genetically modified (GM) crops, the meaning of the term “environmental damage” is difficult to pin down. We discuss some established concepts and criteria for understanding and evaluating such damages. Focusing on the concepts of familiarity, biological integrity, and ecosystem health, we argue that, for the most part, these concepts are highly ambiguous. While environmental damage is mostly understood as significant adverse effects on conservation resources, these concepts may not relate (...) directly to effects on tangible natural resources but rather to parameters of land use or ecological processes (e.g., the concept of biological integrity). We stress the importance of disclosing the normative assumptions underlying damage concepts and procedures for the evaluation of damages by GM crops. A conceptualization of environmental damage should precede its operationalization. We recommend an unambiguous definition for damage developed earlier and recommend that evaluation criteria be based on this. However, a general damage definition cannot replace case-specific operationalization of damage, which remains an important future challenge. (shrink)
I set forth and defend an analysis of corporate moral responsibility (retrospective moral liability), which, I argue, ought to serve as the foundation for corporate legal responsibility, punishment, and compensation for environmental damage caused by corporations.
Despite a significant effort to reduce civilian casualties, a large number of civilians have been killed and injured by the military forces of the Western powers undertaking military operations in remote regions. However, there is no requirement in the just war tradition (JWT) and international humanitarian law (IHL) to provide reparation for the victims of unintended and proportional attacks. This article seeks to establish moral grounds for responsibility to provide reparation for “collateral damage” by focusing on the distinct characteristics (...) of expeditionary intervention and supplementing JWT with the frameworks of corrective justice and restorative justice. We propose that the elective, non-reciprocal, and asymmetrical natures of expeditionary interventions give rise to a special obligation to provide reparation for the civilian harms permitted by the JWT, on the basis of the fair distribution of risks and the need to restore damaged relationships. (shrink)
Cerebro-vascular events are, after neurodegenerative disorders, the most frequent cause of brain damage that leads to the patient's impaired cognitive and/or bodily functioning. While the medico-scientific discourse related to stroke suggests that patients experience a change in identity and self-concept, the present analysis focuses on the patients' personal presentation of their experience to, first, highlight their way of thinking and feeling and, second, contribute to the clinician's actual understanding of the meaning of stroke within the life of each individual. (...) As stroke ‘victims’ necessarily speak from the position of having undergone very abrupt degeneration followed by being confronted with a gradual relocation within their ‘recovery’, the present study addresses how narrative texts describe the condition, that is, the insult itself and its impairing consequences for body and mind, and how patients portray themselves within their illness. Furthermore, given that all illness narrative must remain non-representative, especially when exploring conditions that impair cognitive abilities, autobiographically inspired fiction, equally, contributes to neuroscientific perspectives on embodiment: it gives further insight into how the condition is perceived and alerts us to those aspects of the experience that are understood as particularly momentous. (shrink)
This paper considers a much neglected, but distinctive and increasingly prevalent kind of mediation work: the mediation of large money damage cases by acting and former judges. The research finds that judicial mediation is a law-infused procedure different from forms of mediation in which the stuff of law and lawyers'' work is only marginally relevant, if at all. The study details how judge-mediators draw on their knowledge of the law, technically and as a matter of professional practice, to make (...) legally persuasive arguments that critically evaluate each side''s case and what is likely to occur at future points, adversely altering the litigants'' understanding of the risks and costs of failing to settle and thus facilitating dispute resolution. The study was developed and pursued as an ethnographic and ethnomethodological study of work. (shrink)
Richard McCormick justified his move to proportionalism in part because of the perceived inadequacy of the Grisez-Finnis approach to morality to answer the following question: “What is to count for turning against a basic good, and why?” In this paper, I provide the beginnings of an account of what it means to intend damage to a good; I then show that the account is readily exportable to judgments regarding killing and lying defended by Grisez and others. I then indicate (...) that the account comports well with some of what Grisez says about sexual morality and suggest areas in which further clarification is necessary. In thus proceeding, I hope to inoculate the Grisez view from McCormick's reservations. (shrink)
This paper introduces a mathematical model which describes the continuum damage of non-linear geo-materials. The model accounts for full thermo-mechanical coupling as well as irreversible failure and its effect on shear heating. It involves multi-mechanisms creep to describe the material rheology depending on time, temperature, pressure and water content. This coupled thermo-mechanical model combined with the upper bound theory is used to formulate a potential capable of predicting the damage evolution. The model is implemented and applied to a (...) cross-sectional geological layer subjected to extension. It reveals that damage accelerates the creation of faults and accentuates the localization of shear zones, thereby competing with the increase in material rigidity due to rate dependency, especially at high temperature. (shrink)
Health care professionals’ and trainees’ conceptions of their responsibilities to patients can change over time for a number of reasons: evolving career goals, desires to serve different patient populations, and changing family obligations, for example. Some changes in conceptions of responsibility are healthy, but others express moral damage. Clinicians’ changes in their conceptions of what they are responsible for express moral damage when their responses to others express a meager, rather than robust, sense of what they owe others. (...) At least two important expressions of moral damage in the context of health care are these: callousness and divestiture. Callousness describes the poor condition of a clinician's capacity for moral perception; when her capacity to accurately appreciate features of moral relevance that configure others’ needs, vulnerabilities, and desert of care diminishes, such that she fails to respond with care to those for whom she has duties to care, she is callous. Callousness has been explored in detail elsewhere,1 and so the focus of this paper is divestiture. A clinician divests when the value of responding with care to others becomes less centrally and importantly constitutive of his personal and professional identity. Divestiture has important consequences for patients and health professions education, which I will explore here. (shrink)
As revealed by standard neuropsychological testing, patients with damage either to the frontal lobe or to the hippocampus suffer from distinct impairments of working memory. It is unclear how Ruchkin et al.'s model integrates the role played by the hippocampus.
To understand the interactions between defects and grain boundaries (GBs) in oxides, two atomistic modeling methods were used to examine the role of GBs in a model system, rutile TiO2, in modifying radiation-induced defect production and annealing. Molecular dynamics was used to investigate defect production near a symmetric tilt GB at both 300?K and 1000?K. The damage production is found to be sensitive to the initial distance of the primary knock-on atom from the GB. We find three distinct regimes (...) in which GBs have different effects. Similar to GBs in metals, the GB absorbs more interstitials than vacancies at certain distances while this behavior of biased loading of interstitials diminishes at other distances. Further, we obtain the statistics of both interstitial and vacancy clusters produced in collision cascades in terms of their compositions at two temperatures. Perfectly stoichiometric defect clusters represent a small fraction of the total clusters produced. Moreover, a significant reduction in the number of interstitial clusters at 1000?K compared to 300?K is thought to be a consequence of enhanced migration of interstitials towards the GB. Finally, the kinetic properties of certain defect clusters were investigated with temperature accelerated dynamics, without any a priori assumptions of migration mechanisms. Small interstitial clusters become mobile at high temperatures while small vacancy clusters do not. Multiple migration pathways exist and are typically complex and non-intuitive. We use this kinetic information to explain experimental observations and predict their long-time migration behavior near GBs. (shrink)
Most experiments on neutron or heavy-ion cascade-produced irradiation of pure metals and metallic alloys demonstrate unlimited void growth as well as development of the dislocation structure. In contrast, the theory of radiation damage predicts saturation of void size at sufficiently high irradiation doses and, accordingly, termination of accumulation of interstitial-type defects. It is shown in the present paper that, under conditions of steady production of one-dimensionally (1-D) mobile clusters of self-interstitial atoms (SIAs) in displacement cascades, any one of the (...) following three conditions can result in indefinite damage accumulation. First, if the fraction of SIAs generated in the clustered form is smaller than some finite value of the order of the dislocation bias factor. Second, if solute, impurity or transmuted atoms form atmospheres around voids and repel the SIA clusters. Third, if spatial correlations between voids and other defects, such as second-phase precipitates or dislocations, exist that provide shadowing of voids from the SIA clusters. The driving force for the development of such correlations is the same as for void lattice formation and is argued to be always present under cascade-damage conditions. It is emphasised that the mean-free path of 1-D migrating SIA clusters is typically at least an order of magnitude longer than the average distance between microstructural defects; hence, spatial correlations on the same scale should be taken into consideration. A way of developing a predictive theory is discussed. An interpretation of the steady-state swelling rate of ?1%/displacement per atom (dpa) observed in austenitic steels is proposed. (shrink)
Predicting the behaviour of a component under irradiation or submitted to an external load often requires understanding the evolution of its microstructure. This usually requires knowledge of the mechanisms taking place at the atomic level, which are introduced in multiscale-type modelling suites. In this context, interatomic potentials are necessary ingredients for most simulation techniques at the atomic level. They have been used for more than 40 years in various areas of materials science and, in particular, in the fields of radiation (...)damage and plasticity. These simulations have shed particular light on the role of solute atoms in the formation of the primary damage or the motion of dislocations. However, ab initio calculations, as well as comparison of the results obtained with different interatomic potentials have indicated some failures in these potentials, which led to the building of new potentials. This article highlights how ab initio calculations, which nowadays constitute the state of the art method to predict atomic properties can (and will) increasingly contribute to the assessment, validation and building of interatomic potentials. (shrink)
Sir Alan Cottrell has made huge seminal contributions to our basic understanding of radiation damage processes in both fissile and non-fissile materials. Much of this ground-breaking work was accomplished in the mid-1950s when Cottrell was working at Birmingham University and later at Harwell Laboratory. It is interesting to relate the earlier progress in the 1950s to our present understanding of the phenomenon.
Medial temporal lobe damage in humans is typically thought to produce a circumscribed impairment in the acquisition of new enduring memories, but recent reports have documented deficits even in short-term maintenance. We examined possible maintenance deficits in a population of medial temporal lobe amnesics, with the goal of characterizing their impairments as either representational drift or outright loss of representation over time. Patients and healthy comparisons performed a visual search task in which the similarity of various lures to a (...) target was varied parametrically. Stimuli were simple shapes varying along one of several visual dimensions. The task was performed in two conditions, one presenting a sample target simultaneously with the search array and the other imposing a delay between sample and array. Eye-movement data collected during search revealed that the duration of fixations to items varied with lure-target similarity for all participants, i.e., fixations were longer for items more similar to the target. In the simultaneous condition, patients and comparisons exhibited an equivalent effect of similarity on fixation durations. However, imposing a delay modulated the effect differently for the two groups: in comparisons, fixation duration to similar items was exaggerated; in patients, the original effect was diminished. These findings indicate that medial temporal lobe lesions subtly impair short-term maintenance of even simple stimuli, with performance reflecting not the complete loss of the maintained representation but rather a degradation or progressive drift of the representation over time. (shrink)
We describe a series of kinetic Monte Carlo simulations of post-cascade radiation damage evolution in α-iron that illustrates the part played by elastic interaction between defects. Elastic interactions are included as a bias to the diffusion of mobile point defects and defect clusters. The simulations show that recombination fractions are reduced, and vacancy clustering is enhanced. The sensitivity of these effects to temperature, cascade energy, and geometric description of vacancy clusters is also investigated.
The role of crystallographic orientation on damage evolution in ductile metals during shock loading has been investigated. By utilizing large-grained copper specimens, it has been shown that the development of intragranular damage, in the form of void growth and coalescence, is influenced by the grain orientation with respect to the applied load. Additionally, strain incompatibility and the inability to promote transmission or activation of secondary dislocation slip across a grain boundary, are proposed as the likely cause for intergranular (...) failure. Finally, the free surface velocity profiles of each grain, specifically the decay of the oscillations after the pull-back, correlated well with the amount of damage measured within the respective grain. (shrink)
The technique of transmission electron microscopy has been used to study neutron irradiation damage in α -iron. Foils were irradiated to a fission neutron dose of ? 2 ? 1020 cm?2 at 60°c and the effects of annealing up to 500°c on the micro-hardness and structure were studied. The irradiated foils contained visible point defect clusters which remained unchanged on annealing up to 300°c. Above 300°c the size of clusters remained fairly constant but the number decreased steadily until they (...) had all disappeared after annealing at 500°c. The micro-hardness also remained unchanged up to 300°c and then recovered steadily until it returned to the unirradiated value at 500°c. The results of a diffraction analysis carried out on loops in annealed foils indicated that their Burgers vector was in a ?111? direction and that both interstitial and vacancy loops were present. It is suggested that the visible clusters in the irradiated iron are interstitial in nature, the vacancies being trapped by interstitial impurity atoms. The annealing behaviour above 300°c is consistent with the vacancies breaking free from their traps to recombine with the clustered interstitial point defects. (shrink)
We have explored the capacity of Cu/V interfaces to absorb helium ion radiation-induced defects spanning a peak damage range of 0.6?18 displacements per atom (dpa). The study provides evidence of alleviated nucleation of He bubbles in the multilayer films from Cu/V 50?nm to Cu/V 2.5??nm. Layer interfaces are retained in all irradiated specimens. Peak bubble density increases monotonically with fluence, and is lower in multilayers with smaller individual layer thickness. Radiation hardening decreases with decreasing layer thickness and appears to (...) reach saturation upon peak radiation damage of 6?dpa. Size- and fluence-dependent radiation damage in multilayers is discussed. (shrink)
The formation of carbon nanotube networks around the structural reinforcement in fiber composites has enabled in situ monitoring of matrix damage accumulation. Real-time monitoring of damage development under fatigue loading was studied. The electrical response of the fatigue specimens change synchronously with the applied fatigue loading and enable a quantitative measure of the damage state. The fatigue response of the nanotube network was examined and the damage accumulation validated using microscopic technique. Various damage stages in (...) composite cross-ply laminates under fatigue loading can be clearly detected by adopting the quantitative parameter, damaged resistance change. The sensitivity of the technique to the onset and accumulation of damage may enable future life prediction methodologies. (shrink)
A study of heavy-ion damage in Fe and Fe?Cr alloys started in Part 1 1 was continued with an investigation of damage development in UHP Fe and Fe?8%Cr at higher doses up to 2 ? 1019 ions m?2 (?13 dpa). In thin-foil irradiations with 150 keV Fe+ ions at 300°C and room temperature (RT), more complex microstructures started to develop in thicker regions of the foils at doses greater than about 2 ? 1018 ions m?2, apparently involving cooperative (...) interaction, alignment and coalescence of smaller loops. First strings of loops all with the same ½?111? Burgers vectors formed. In UHP Fe irradiated at 300°C the damage then developed into colonies of resolvable interstitial loops with ½?111? Burgers vectors. By a dose of 2 ? 1019 ions m?2, large (several hundred nanometre) finger-shaped loops with large shear components had developed by the growth and subsequent coalescence of smaller loops. Similar but finer-scale damage structures developed in UHP Fe irradiated at RT and in Fe?8%Cr irradiated at both RT and 300°C. (shrink)
The paper aims at revealing the key legal and political factors that determined the organization and holding of the referendum on unconditional and urgent withdrawal of the former USSR army from the territory of the Republic of Lithuania and restitution of damage to Lithuania. It is established that the main factor was that the Supreme Council-Reconstituent Seimas of the Lithuanian Republic adopted provisions on the status of the occupation army and was constant in seeking to ensure the sovereignty of (...) the state of Lithuania throughout its territory. The position of the nations, parliaments and governments of the Republics of Estonia and Latvia was yet another circumstance that the organizers of the referendum relied upon. Their position was aimed at ensuring that as a result of negotiations, the foreign military forces return to dislocation places in its own territory. Retrospective view on the phenomena and facts of the state’s internal and foreign politics in 1991-1992 makes it impossible not to notice that negotiations with the USSR and later, with the Russian Federation, took place in a complicated political arena. While Lithuania was seeking dynamism in negotiations, the other party was finding various excuses to impede dynamic actions and thus to delay positive agreements. Taking due regard to the situation, it was believed that a decision adopted by the Nation would speed up the negotiations on foreign state’s armed forces. (shrink)
Aluminium single crystals have been irradiated at room temperature with 50 keV A1+ ions along low-index crystallographic directions. Depth distributions of the produced defects have been obtained by stereo electron microscopy. They are compared with the theoretical damage distribution for an amorphous target, and good agreement is found for random irradiations. For crystals irradiated along channelling directions the distributions are shifted towards larger depths, and the damage density is reduced by an order of magnitude. For high doses (?6 (...) ? 1014 ions cm?2 in random orientation) the loops are seen to coalesce and to align along rows. This effect, probably due to the elastic loop interaction, is proposed as a stage in the damage development, preceding the formation of dislocation tangles. (shrink)
A key issue for the simulation of radiation effects in reactor pressure vessel (RPV) steels is the kinetics of formation of Cu?vacancy complexes (Cu?VC) in a ferritic matrix, starting from displacement cascade debris. In the present work the evolution of molecular dynamics (MD) and corresponding binary collision approximation (BCA) displacement cascades has been studied using two different kinetic Monte Carlo (KMC) techniques in Fe?0.2% Cu. This exercise allows an assessment of the cascade debris features that are likely to influence their (...) long-term evolution in interaction with the solute atoms, as well as the differences between simulation techniques. The results show that, at the current level of approximation of KMC methods, the use of BCA as damage input in KMC simulations does not introduce major biases, the difference with respect to the use of an MD source being a second-order effect. This justifies the use of BCA cascade debris as input damage for KMC parametric studies of Cu precipitation in Fe under irradiation, with a view to increasing the statistical representativity of the results. The main open question remains the mobility and dissociation rate of small Cu?VC, as described with different KMC techniques. (shrink)
A thermomechanical loading component facility has been built and developed for testing model copper slag tap components under ratchetting conditions due to combined damage resulting from creep and plasticity. Model copper slag tap components have been tested under dominant plasticity conditions at temperatures up to 300°C, and under balanced creep?cyclic plasticity conditions at temperatures up to 340°C. Overall ratchet deformations have been continuously measured to failure. A cycle jumping numerical technique has been used to analyse a multi-bar model of (...) the slag tap using viscoplastic constitutive equations embodying softening due to combined cyclic plasticity and creep damage. Excellent predictions of lifetimes, ratchet strains and ratchet rates have been achieved, despite the details of the rupture processes not being faithfully modelled. (shrink)
Pietsch, Chelsea In a claim of negligence, plaintiffs must be able to prove that they have suffered some sort of damage or loss. Proving damage is usually a straightforward task which involves making a comparison between the plaintiff's position before and after the alleged negligence. However, what damage has been done if a doctor's negligence results in the conception and subsequent birth of a child? Is it ever possible to conceive of life as damage? These questions (...) must ultimately be addressed in wrongful birth claims where parents seek compensation for the conception and/or birth of a life that would not have existed but for the doctor's negligent advice or treatment. However, they are not as easy for judges to answer as you may think. Judges have a duty to resolve such matters - not with reference to vague notions of 'common sense' or 'community interests' - but in accordance with established law. However, what if there is no statute or precedent that speaks on the matter? How should judges resolve such 'novel' issues? Can judges rely on 'common sense' or arguments about 'community interests' in these limited circumstances? The question of whether or not a child may be categorised as damage for the purpose of satisfying a claim in negligence is such an issue. In this essay I acknowledge that, in the absence of guiding legal rules and principles, judges have no choice but to resolve novel questions on grounds of policy considerations. I suggest, however, that a distinction should be made between legal and public policy and that reliance on the former, not the latter, may be used to assert that children are blessings, not injuries. While it may be morally desirable for the issue to end there, this is not the case. Legal policy has also developed the notion of reproductive autonomy in such a way that suggests the opposite may also be true. In an attempt to resolve these conflicting values, I propose the damage in wrongful birth cases is not the conception and/or birth of a child but rather a doctor's infringement on their patient's reproductive autonomy, which warrants legal recognition in the form of compensation. (shrink)
Ethical dilemmas are common in the neonatal intensive care setting. The aim of the present study was to investigate the opinions of Swedish physicians and the general public on treatment decisions regarding a newborn with severe brain damage. We used a vignette-based questionnaire which was sent to a random sample of physicians (n = 628) and the general population (n = 585). Respondents were asked to provide answers as to whether it is acceptable to discontinue ventilator treatment, and when (...) it actually is discontinued whether or not it was acceptable to use drugs which hasten death unintentionally or intentionally. The response rate was 67 % of physicians and 46 % of the general population. A majority of both physicians [56 % (CI 50–62)] and the general population [53 % (CI 49–58)] supported arguments for withdrawing ventilator treatment. A large majority in both groups supported arguments for alleviating the patient’s symptoms even if the treatment hastened death, but the two groups display significantly different views on whether or not to provide drugs with the additional intention of hastening death, although the difference disappeared when we compared subgroups of those who were for or against euthanasia-like actions. The study indicated that physicians and the general population have similar opinions regarding discontinuing life-sustaining treatment and providing effective drugs which might unintentionally hasten death but seem to have different views on intentions. The results might be helpful to physicians wanting to examine their own intentions when providing adequate treatment at the end of life. (shrink)
Large-scale molecular dynamics of cascade production of the primary damage state are performed in nanocrystalline nickel with an average grain diameter of 12?nm and primary knock-on atom kinetic energies ranging from 5 to 30?keV. The role of the grain boundary during the cascade production of irradiated NC Ni is discussed in terms of grain-boundary structure. It is shown that regions of misfit in the grain boundaries can absorb self-interstitials and that stacking-fault tetrahedra are formed in the neighbourhood of the (...) grain boundary. (shrink)
Among the most complicated issues in the law of delict, in the case of multiple debtors, is to determine the scope of each co-debtor’s liability. The rule of proportional liability clearly favours debtors more than the aggrieved party. And, on the contrary, the solidary liability best suits the interests of the aggrieved party as the risk of co-debtor’s insolvency is transferred to the debtors. Furthermore, in the latter case, the debtors who attempt to allocate the scope of their liability among (...) themselves and fail to reach an agreement have to undergo two legal procedures: the first concerning the compensation to the creditor, and the second concerning the determination of the scope of their liability among themselves. Adequate balancing of the interests of the two parties (the debtor and the creditor) lies among the major tasks of tort law. Therefore, he law should seek specific rules instrumental in determining the scope of the co-debtor’s liability in the case of multiple debtors. The application of the rule of solidary liability is based on the assumption that individuals whose joint actions inflicted damage must compensate it together. (shrink)
Despite some clinical promise, using fetal transplants for degenerative and traumatic brain injury remains controversial and a number of issues need further attention. This response reexamines a number of questions. Issues addressed include: temporal factors relating to neural grafting, the role of behavioral experience in graft outcome, and the relationship of rebuilding of neural circuitry to functional recovery. Also discussed are organization and type of transplanted tissue, the of transplant viability, and whether transplants are really needed to obtain functional recovery (...) after brain damage. (shrink)
A thermomechanical model is developed within a large deformation setting in order to simulate the interactions between martensitic phase transformations and crystalline damage growth at the austenitic grain level. Subgrain information is included in the model via the crystallographic theory of martensitic transformations. The damage and transformation characteristics are dependent of the specific martensitic transformation systems activated during a loading process, which makes the model strongly anisotropic. The state of transformation for the individual transformation systems is represented by (...) the corresponding volume fractions. The state of damage in the austenite and in the martensitic transformation systems is reflected by the corresponding damaged volume fractions. The thermodynamical forces energetically conjugated to the rate of volume fraction and the rate of damaged volume fraction are the driving forces for transformation and crystalline damage, respectively. The expressions for these driving forces follow after constructing the specific form of the Helmholtz energy for a phase-changing, damaging material. The model is used to analyze several three-dimensional boundary value problems that are representative of microstructures appearing in multiphase carbon steels containing retained austenite. The analyses show that the incorporation of damage in the model effectively limits the elastic stresses developing in the martensitic product phase, where the maximum value of the stress strongly depends on the toughness of the martensite. Furthermore, in an aggregate of randomly oriented grains of retained austenite embedded in a ferritic matrix the generation of crystalline damage delays the phase transformation process, and may arrest it if the martensitic product phase is sufficiently brittle. The response characteristics computed with the phase-changing damage model are confirmed by experimental results. (shrink)
The goal of this work is to make a contribution to the understanding of the microscopic mechanisms of H-induced intergranular damage. We develop an embedded-atom method interatomic potential for H in the Al?Mg system with the main aim of reproducing the current understanding of H trapping to vacancies. This model is used to investigate the effect of the Mg?H affinity on the segregation of H on the Σ =5 (310)  grain boundary. Monte Carlo simulations in the grand canonical (...) ensemble are used to estimate equilibrium H concentrations at this boundary at T=300?K. A large structure change, associated with the H enrichment of the grain boundary, is reported. The implications on damage to the interface are discussed. (shrink)
A critically revised Aristotelian-based virtue ethics has something potentially useful to offer to those engaged in analyzing oppression and creating liberatory projects. A critical virtue ethics can help clarify one of the ways in which oppression interferes with flourishing; specifically, it helps clarify an aspect of oppression that can be called "moral damage.".
This article analyses the legal basics of the Member States liability in damages for the breach of European Union law and the conditions for liability. It is emphasized that the Member States liability in damages for the breach of European Union law has three different grounds—one direct legal background (Article 4 of the Treaty of the European Union) and two indirect basics—principles of direct effect and that of effectiveness of European Union law. The author subsequently examines the content of each (...) condition for liability established in the practice of the Court of Justice of the European Union —the intention of the rule of European Union law infringed to confer rights on private parties, the sufficiently seriousness of the breach and the direct causal link between the breach and the damage. It is stated that in order to prove that a Member State is liable for the breach of European Union law, one more condition for liability should be established—a private party must prove that he has incurred particular damage. It is also highlighted that the second condition for the Member States liability in damages for the breach of European Union law —sufficiently seriousness of the breach—restricts the right of a private party to obtain compensation. (shrink)