An investigation of criminal attempts unearths some of the most fundamental, intriguing and perplexing questions about criminal law and its place in human action. When does attempting begin? What is the relationship between attempting and intending? Do we always attempt the possible and, if so, possible to whom? Does attempting involve action and does action involve attempting? Is my attempt fixed by me or can another perspective reveal what it is? How 'much' action is needed for an attempt, how 'much' (...) intention is needed and can these matters be decided categorically? Bebhinn Donnelly-Lazarov's answers to these questions will interest criminal law theorists, philosophers and lawyers or law reformers, who encounter the mixed practical and philosophical phenomenon of attempting. Inspired by G. E. M. Anscombe's philosophy, Part I examines attempting generally and its relationship with intention, action subjectivity, and possibility. From the conclusions reached, Part II proposes a specific theory of criminal attempts. (shrink)

Sarch understands human actions to be ontologically rich and so descriptively broad.1 He provides a careful account of how this is so and of the ensuing implications for posited and normative culpa...

Intention is at the heart of criminal law. If it is not the mens rea requirement found most often in offences, it is still the standard against which other grades of fault tend relatively to be judged. It has generated much controversy, as the crucial question, “Did the defendant intend X?” is resistant to clear answers. This paper argues that intention-questions are difficult because intention is not the thing law takes it to be: Importantly, contrary to law's assumptions, it is (...) neither a state of mind nor is it connected in an exclusive manner to the reasons for which we act. (shrink)

Law as a Claim-Maker: A review of Stefano Bertea, The Normative Claim of Law.

Jurisprudential debate about the grounds of law often focuses on the status of morality. Given the undoubted fact of judicial engagement with morality in legal reasoning, the key question is whether morality legitimately counts as a ground of law. This article seeks to challenge the special status accorded to morality in debates about the grounds of law. The claim I seek to advance is that very often judicial engagement with morality is not different in kind to judicial engagement with other (...) diverse objects of legal reasoning. What the comparison tends to show is that instances of “moral reasoning” in law do not obviously challenge our account of the grounds of law. Rather these instances can be viewed as central case examples of legal reasoning. Conventional grounds of law are left untouched. (shrink)

Recent work on complex adaptive systems in the natural sciences, and the growing relational turn in the social sciences both reject the "systems theories" of earlier generations. This book builds on these entities to advance a relational processual approach to the comparative study of historical and contemporary international systems.

Studies prove that positive thinkers are happier, healthier, and more successful than everyone else. Discover the simple, proven techniques for becoming a more positive person... Positive thinking leads to positive outcomes. Study after study proves this. Researchers have found that optimistic people live longer, live healthier, have more energy, have more successful careers, make better decisions, are more productive, are less stressed, have healthier relationships, and (not surprisingly) are much happier than pessimists. However, a lot has been misunderstood about what (...) it means to be a positive thinker and what it takes to maintain an optimistic mindset. It takes a lot more than repeating feel-good platitudes to make positive thinking work in your life. It takes discipline, commitment, and a proper understanding of what optimism really means in a world that is constantly throwing new challenges at us. This is a book for anyone who has ever questioned whether positive thinking really "works." It's also a book for those who have tried to develop a more positive attitude, but have found it difficult to eliminate the voices of fear, doubt, and cynicism. This is a book for anyone who wants to put optimism to work in their life with practical, proven techniques. In this inspirational fable, you'll meet Bobby Kane, a 31-year-old minor league baseball player who realizes his dream of making it to the majors is finally coming to a disappointing end. His dream, he believes, was not meant to be. That is, until Bobby meets an unconventional manager named Wally Hogan. More mental coach than baseball manager, Wally teaches Bobby that if you want to change your life, you have to first change your thinking. As you'll see in this book, developing a positive mindset gives Bobby a renewed chance to make his dreams come true-not just in baseball, but in all areas of his life. Wally teaches Bobby what it means to be an optimist and what it takes to maintain a positive attitude through the ups and downs of life. He teaches him proven, real-world techniques for building and sustaining optimism. These methods have an immediate impact on Bobby's life and they will have an immediate impact on yours as well. This book will show you just how powerful a positive attitude can be and it will teach you how to use positive thinking to make your biggest dreams come true. (shrink)

The relationship between students and higher education is seen to have become increasingly transactional. We approach the study of the student–HE relationship in a novel way, by focusing on students’ behaviour post-university, rather than on student narratives. Conceptually, the article builds on multidimensional views of student engagement and the differentiation between psychological transactional contracts – where students who achieve better academic results are more likely to donate – and relational contracts – where students donate more following engagement in social experiences. (...) Making use of longitudinal data on donation behaviour from over 50,000 alumni from an English university over two decades, we find that while students who get better degree outcomes are more likely to donate, the association between participation in social experiences and donations is much stronger. This questions prevalent transactional models of HE and underlines the limitations of purely consumerist views of the relation between students and higher education institutions, even in the marketized UK context. (shrink)

Prediction-based accounts of language acquisition have the potential to explain several different effects in child language acquisition and adult language processing. However, evidence regarding the developmental predictions of such accounts is mixed. Here, we consider several predictions of these accounts in two large-scale developmental studies of syntactic priming of the English dative alternation. Study 1 was a cross-sectional study (N = 140) of children aged 3−9 years, in which we found strong evidence of abstract priming and the lexical boost, but (...) little evidence that either effect was moderated by age. We found weak evidence for a prime surprisal effect; however, exploratory analyses revealed a protracted developmental trajectory for verb-structure biases, providing an explanation as for why prime surprisal effects are more elusive in developmental populations. In a longitudinal study (N = 102) of children in tightly controlled age bands at 42, 48, and 54 months, we found priming effects emerged on trials with verb overlap early but did not observe clear evidence of priming on trials without verb overlap until 54 months. There was no evidence of a prime surprisal effect at any time point and none of the effects were moderated by age. The results relating to the emergence of the abstract priming and lexical boost effects are consistent with prediction-based models, while the absence of age-related effects appears to reflect the structure-specific challenges the dative presents to English-acquiring children. Overall, our complex pattern of findings demonstrates the value of developmental data sets in testing psycholinguistic theory. (shrink)

Artificial intelligence (AI) will drastically change the healthcare system. Radiology is one speciality that is most affected as AI algorithms are increasingly used in diagnostic imaging. AI‐enhanced health technologies will, inter alia, increase workflow efficiency, improve diagnostic accuracy, reduce healthcare‐related costs, and help alleviate medical personnel shortages in under‐resourced settings. However, the development of AI‐enhanced technologies in healthcare is fraught with legal, ethical, and human rights concerns. Currently, the use of AI in South African healthcare is not governed by sui (...) generis legislation or ethical guidance focused exclusively and specifically on AI, although various provisions and principles from law and ethics find application. This article outlines these normative principles and explains their relationship with the extant legal obligations and regulatory framework as applied to the use of AI in radiology services in South Africa. The article concludes with three key recommendations for radiology practitioners using AI in South Africa. These are the need for: vigilant monitoring of AI use in practice, reforms to the liability framework, and appropriate guidance from local regulators and the Health Professions Council of South Africa on the ethical use of AI. (shrink)

Canada has recently published a new Clinical Practice Guideline on the diagnosis and management of brain death. It states that consent is not necessary to carry out the interventions required to make the diagnosis. A supporting article not only sets out the arguments for this but also contends that ‘UK laws similarly carve out an exception, excusing clinicians from a prima facie duty to get consent’. This is supplemented by the claim that recent court decisions in the UK similarly confirm (...) that consent is not required, referencing two judgements inBattersbee. We disagree with the authors’ interpretation of the law on consent in the UK and argue that there is nothing inBattersbeeto support the conclusion that consent to testing is not necessary. Where there is a disagreement about testing for brain death in the UK, court authorisation is required. (shrink)

This paper provides an axiomatic formalization of a theory of foundational relations between three categories of entities: individuals, universals, and collections. We deal with a variety of relations between entities in these categories, including the is-a relation among universals and the part-of relation among individuals as well as cross-category relations such as instance-of, member-of, and partition-of. We show that an adequate understanding of the formal properties of such relations – in particular their behavior with respect to time – is critical (...) for formal ontology. We provide examples to support this thesis from the domain of biomedicine. (shrink)

We propose an ontological theory that is powerful enough to describe both complex spatio-temporal processes and the enduring entities that participate therein. For this purpose we introduce the notion a directly depicting ontology. Directly depicting ontologies are based on relatively simple languages and fall into two major categories: ontologies of type SPAN and ontologies of type SNAP. These represent two complementary perspectives on reality and employ distinct though compatible systems of categories. A SNAP (snapshot) ontology comprehends enduring entities such as (...) organisms, geographic features, or qualities as they exist at some given moment of time. A SPAN ontology comprehends perduring entities such as processes and their parts and aggregates as they unfold themselves through some temporal interval. We give an axiomatic account of the theory of directly depicting ontologies and of the core parts of the metaontological fragment within which they are embedded. (shrink)

In R. Holte and A. Howe (eds.), Proceedings of the Twenty-Second AAAI Conference on Artificial Intelligence (AAAI-07).

What should authorities establish as the job of ethics committees and review boards? Two answers are: review of proposals for consistency with the duly established and applicable code and review of proposals for ethical acceptability. The present paper argues that these two jobs come apart in principle and in practice. On grounds of practicality, publicity and separation of powers, it argues that the relevant authorities do better to establish code-consistency review and not ethics-consistency review. It also rebuts bad code and (...) independence arguments for the opposite view. It then argues that authorities at present variously specify both code-consistency and ethics-consistency jobs, but most are also unclear on this issue. The paper then argues that they should reform the job of review boards and ethics committees, by clearly establishing code-consistency review and disestablishing ethics-consistency review, and through related reform of the basic orientation, focus, name, and expertise profile of these bodies and their actions. (shrink)

The prime number theorem, established by Hadamard and de la Vallée Poussin independently in 1896, asserts that the density of primes in the positive integers is asymptotic to 1/ln x. Whereas their proofs made serious use of the methods of complex analysis, elementary proofs were provided by Selberg and Erdos in 1948. We describe a formally verified version of Selberg's proof, obtained using the Isabelle proof assistant.

This paper is an adventure of ideas. More specifically, it is a continuation of the adventure of ideas concerning the relations between creativity and logic at the level of being one finds in the work of Whitehead and his interpreters/inheritors. The “argument” of the paper, such as it is, is that ontological creativity may be fruitfully described by two logical functions, one exploding the movement from possibility to actuality, and the other from actuality to possibility. The paper explores both functions, (...) or “senses,” as fruitful ways of understanding ontological creativity, especially within processual thought. The two senses of creativity, the paper also argues, ought to be understood as primitive and inexorably “together.”. (shrink)

This paper interrogates and reclaims clown practices in children’s rehabilitation as ‘foolish.’ Attempts to legitimize and ‘take seriously’ clown practices in the health sciences frame the work of clowns as secondary to the ‘real’ work of medical professionals and diminish the ways clowns support emotional vulnerability and bravery with a willingness to fail and be ridiculous as fundamental to their work. Narrow conceptualizations of clown practices in hospitals as only happy and funny overlook the ways clowns also routinely engage with (...) sadness, despair, discomfort and many other ways of being and doing. Our exploration of clown practices as foolish exposes the ways children’s rehabilitation upholds particular neoliberal models of success and invites a re-centring of rehabilitation and health care research and practice towards relationship building, supporting meaningful projects and a continued nurturing of aesthetic and pleasurable ways of being-in-the-world in the present moment as valuable unto themselves. (shrink)

The decision of the House of Lords in Gillick v West Norfolk Area Health Authority carved out a safe space for competent minors to confidentially access sexual and reproductive health care and advice in the UK. Ireland is one of the few common law jurisdictions that has not endorsed Gillick or a similar mature minor doctrine, nor has it securely legislated for the right to consent of those aged 16 and 17 years. The legal lacuna created by this deficiency has (...) left young persons in Ireland seeking sexual and reproductive healthcare, and the clinicians who provide this, in a challenging place. While this void has been partially filled with policy statements by bodies such as the Irish College of General Practitioners and the Health Service Executive, nonetheless the legal shortcomings leave both a sense of insecurity, and real world difficulties for adolescents seeking to access to sexual and reproductive healthcare. (shrink)

The idea of a data transfer agreement (DTA) template for the South African (SA) research community is receiving increasing attention. Whiledeveloping such a DTA template is certainly a worthwhile project, questions regarding the project’s practical execution should be addressed,including how to best operationalise the envisioned DTA template, and the content of the envisioned DTA template. It is proposed that anempowerment approach be followed in operationalising the envisioned DTA template, which is contrasted with the regulatory approachfollowed with the material transfer agreement (...) that the Minister of Health promulgated in 2018. While the regulatory approach would entailgovernment making the use of the envisioned DTA template compulsory regardless of the quality of such a template, the empowermentapproach, by contrast, entails a focus on developing a high-quality, professionally drafted DTA template for the SA research community andmaking the use thereof a matter of own choice. Regarding the content of the envisioned DTA template, four hot-button content provisionsare analysed, and it is argued that SA research institutions and researchers should be empowered to: (i) have clarity and legal certaintyregarding their ownership of data, where relevant; (ii) be able to commercialise their research findings without unnecessary contractualconstraints; (iii) avoid falling into the trap of unlawful benefit sharing with research participants; and (iv) be aware that their legal role asresponsible parties, where relevant, cannot be contracted out via a DTA. (shrink)

The emergence in Britain of chemical engineering, by mid‐century the fourth largest engineering specialism, was a hesitant and drawn out process. This article analyses the organisational politics behind the recognition of the technical occupation and profession from the First World War through to the end of the 1920s. The collective sense of professional identity among nascent ‘chemical engineers’ developed rapidly during this time owing to associations which promoted their cause among potential patrons. -/- .

The theory of granular partitions is designed to capture in a formal framework important aspects of the selective character of common-sense views of reality. It comprehends not merely the ways in which we can view reality by conceiving its objects as gathered together not merely into sets, but also into wholes of various kinds, partitioned into parts at various levels of granularity. We here represent granular partitions as triples consisting of a rooted tree structure as first component, a domain satisfying (...) the axioms of Extensional Mereology as second component, and a mapping (called ’projection’) of the first into the second as a third component. We define ordering relations among granular partitions the resulting structures are called partition frames. We then introduce an axiomatic theory which sentences are interpreted in partition frames. (shrink)

This article outlines the features and application of a set of model curriculum materials that utilize eco-democratic principles and humanities-based content to cultivate critical analysis of the cultural foundations of socio-environmental problems. We first describe the goals and components of the materials, then discuss results of their use in two different types of classrooms: an undergraduate humanities seminar at a mid-sized four-year college, and a developmental writing course at a community college.

1.1 Some examples of rule induction on permutations . . . . . . . 6 1.2 Ways of making new permutations . . . . . . . . . . . . . . . 7 1.3 Further results . . . . . . . . . . . . . . . . . . . . . . . . . . 8 1.4 Removing elements . . . . . . . . . . (...) . . . . . . . . . . . . . . 8.. (shrink)

Gray's integration of the different levels of description and explanation in his theory is problematic: The introduction of consciousness into his theorising consists of the mind-brain identity assumption, which tells us nothing new. There need not be correlations between levels of description. Gray's account does not extend beyond “brute” correlation. Integration must be achieved in a principled, mutually constraining way.

Mereological principles are sometimes used to support general claims about the structure and arrangement of objects in the world. I focus initially on one such mereological principle, the weak supplementation principle (WSP). It is not obvious that (WSP) is prescribed by ordinary thinking about parthood. Further, (WSP) is not needed for a fairly strong formal characterization of the part–whole relation. For these reasons, some arguments relying on (WSP) might be countered by simply denying (WSP). I argue more generally that there (...) is no reason to assume that one core mereology functions as a common basis for all plausible metaphysical theories. (shrink)