Scott Soames argues that consideration of the practice of legal judgement gives us good reason to favor the partial-definition/context-sensitive theory of vagueness against epistemicism. Despite the fact that the value of power-delegation through vagueness is evidenced in practice, Soames says, epistemicism cannot account for it theoretically, while the partial-definition/context-sensitive theory is capable of it. In this paper, I examine the two possible arguments against epistemicism that can be extracted from Soames’s account: (i) an argument based on unknown obligations, and (ii) (...) an argument based on power-delegation through vagueness. The first argument tries to convince us that, as based on epistemicism, the law has already decided the borderline cases, so that judges have obligatory decisions even in such cases: therefore epistemicism is inconsistent with the discretion of judges in borderline cases. I show that even if we sympathize with Soames’s intuitions concerning the legal practice, the argument he offers is not conclusive since it is either invalid, unsound, or paradoxical. The second argument holds that only the gaps which the partial-definition/context-sensitive theory predicts give judges the possibility of lawmaking in borderline cases. However, by categorizing the vague laws as imperfect laws, the judges can claim the right of lawmaking without any need to refer to gaps in the law. By neutralizing these arguments, I argue that epistemicism is able to explain the phenomena just as well as the partial-definition/context-sensitive theory. (shrink)

Journal of Applied Philosophy, EarlyView.

Pour souligner le 30e anniversaire de la Convention internationale des droits de l’enfant (CIDE), le Groupe de recherche interdisciplinaire en droits de l’enfant (GRIDE) de l’Université de Moncton a organisé son premier colloque international du 26 au 28 novembre 2019, en collaboration avec le Bureau du défenseur des enfants et des jeunes du Nouveau-Brunswick. Ce colloque a permis de dresser un état des lieux éclairant, d’une part pour savoir si les objectifs énoncés dans la CIDE sont atteints avec l’application de (...) la Convention en droit interne et, d’autre part, pour évaluer les défis et les enjeux actuels de la mise en œuvre des droits de l’enfant dans une approche interdisciplinaire et interprofessionnelle. Les Actes du colloque regroupent dans le présent ouvrage cinq textes qui tentent de répondre à ces questions. Les contributions sélectionnées apportent un éclairage inédit sur les développements récents liés à l’application de la CIDE dans un contexte canadien, néo-brunswickois et international. (shrink)

Background: One of the main concerns in critical care units is the development of humanistic approaches. In this regard, recognizing the factors affecting humanistic nursing can contribute to humanizing nursing care in these units. Objective: The objective was to recognize the influential factors of humanistic nursing in critical care units. Research design: This qualitative study was carried out using a phenomenology method. Thirty-nine in-depth unstructured interviews were performed. The data were analyzed using the phenomenological nursology approach. To guarantee trustworthiness, prolonged (...) engagement, member check, triangulation of resources, and maximum variation sampling were used. Participants and research context: Purposeful sampling was employed to select 10 nurses, 8 patients, and 4 patient’s relatives from the intensive care unit and critical care unit departments. Ethical consideration: This study was approved by the ethics committee of Lorestan University of Medical Sciences with the code of LUMS.REC.1395.121. Finding: The participants’ experiences were reflected in the following three main concepts: moral, educational, and existential nature of the two humans involved in the interaction; maintenance of the nurses’ dignity; and interactions in the cultural and social context. Discussion: The nurse and patient, organizational environment, and society give rise to a set of intertwined characteristics which influence the realization of humanistic nursing. By affecting the nurses’ educational background and maintaining their dignity, the atmosphere of the hospital and cultural readiness of the society pave the way for delivering the humanistic care. (shrink)

Commercial advertisements are considered informative discourse, whereas the manipulative effects of their verbal and visual strategies have been ignored. According to van Dijk (2006), manipulation in mass media is performed by drawing the audience’s attention to information A rather than to B, by providing irrelevant or incomplete information, and by playing emotional games. Since the analysis of manipulative effects of semiotic features used in advertisements is scarce, the present research project investigates the potential manipulative effects of semiotic aspects used in (...) Persian printed advertisements, and the influence of the Iranian sociocultural context on designing these visual messages. A corpus of 160 Persian printed advertisements was analyzed; the results revealed that their semiotic features, especially those which are meaningful based on the sociocultural context of Iran, tend to inculcate relevant information and meaning in consumers, in order to control their minds and subsequently their purchases. The findings of this study include six theme-based categories of semiotic manipulation strategies: Celebrity images, Creative images, Punctuation marks, Natural images, Seasonal images, and Cultural images. The results are discussed along the lines of research methodology in discourse and semiotic analysis. (shrink)

This qualitative study describes ethical challenges faced by Iranian nurses in the process of pain management in surgical units. To address this issue, semistructured interviews were conducted with 26 nurses working in surgery units in three large university hospitals in Tehran. An analysis of the transcripts revealed three main categories: institutional limitations; nurses' proximity to and involvement with pain and suffering; and nurses' fallibility. Specific themes identified within the categories were: insufficient resources, medical hierarchy; difficulties with believing patients' complaints regarding (...) pain and suffering; and experiencing the consequences of poor judgments. Our findings lead us to conclude that, as nurses are much closer to patients' pain and suffering than other health professionals, being aware of their ethical problems, and being able to reflect on them and discuss and learn from them, will reduce the burden of the ethical challenges faced. The findings will help nurses in other countries to devise suitable ways to reduce the ethical burdens they bear in their daily practice. (shrink)