In der rechtswissenschaftlichen Literatur besteht Einigkeit darüber, dass Rechtsontologie im wörtlichen Sinne als die Lehre vom Sein des Rechts zu definieren ist. Was aber das inhaltliche Verständnis der Rechtsontologie angeht, herrscht hier vielmehr Uneinheitlichkeit und Unbestimmtheit. Um die fundamentale Grundlage des Rechts zu finden, wurde das Thema der Rechtsontologie in der deutschen Rechtsphilosophie der Nachkriegszeit heftig diskutiert, letztendlich befindet sie sich aber in einem labyrinthähnlichen Zustand. Ausgehend von dieser Problemlage wurde in dieser Arbeit versucht, die verbreiteten Missverständnisse über die Rechtsontologie (...) zu beseitigen und zugleich eine Möglichkeit ihrer Weiterentwicklung in der Hegelschen Rechtslehre aufzuzeigen. Es handelt sich um die interpersonale Anerkennung als ontologische Grundlage des Rechts und zugleich die Letztbegründung des Rechts. (shrink)

A superconducting transition temperature as high as 100 K was recently discovered in one monolayer FeSe grown on SrTiO3. The discovery ignited efforts to identify the mechanism for the markedly enhanced Tc from its bulk value of 8 K. There are two main views about the origin of the Tc enhancement: interfacial effects and/or excess electrons with strong electron correlation. Here, we report the observation of superconductivity below 20 K in surface electron-doped bulk FeSe. The doped surface layer possesses all (...) the key spectroscopic aspects of the monolayer FeSe on SrTiO3. Without interfacial effects, the surface layer state has a moderate Tc of 20 K with a smaller gap opening of 4.2 meV. Our results show that excess electrons with strong correlation cannot induce the maximum Tc, which in turn reveals the need for interfacial effects to achieve the highest Tc in one monolayer FeSe on SrTiO3. (shrink)

This article aims to contribute to the understanding of Roy Bhaskar's philosophical evolution from critical realism to the philosophy of meta-Reality. Following Bhaskar's own terminology, I define his intellectual journey as the ‘identification of dualism and duality within non-duality’ by proposing that anti-anthropism plays a key role in the developmental consistency of his system from critical realism via dialectical critical realism to meta-Reality. For this purpose, I compare Bhaskar's philosophy with Andrew Collier's theory of human rationality and spiritual emancipation based (...) on Christianity and Tu Wei-Ming's anthropocosmic understanding of human beings and nature based on Confucianism. (shrink)

In times of crisis, one of the areas heavily affected has been food, as a direct consequence of the damage caused to family farming and therefore to Food and Nutrition Security (SAN). Climate change, in turn, causes widespread crises, which, due to their impact on humanity, and above all, on SAN, provide complex humanitarian crises, worsening hunger. The military conflict imposes difficulties in access to food and production. This study aimed to critically describe the panorama of climate change and armed (...) conflicts in Africa, relating them to the pandemic of COVID-19 as a factor of aggravating the situation of food insecurity in African countries. A literature review study was carried out in various databases, journals and portals for this purpose, with emphasis on Google Scholar, CAPES and governmental portals. The results point to climate change, as being multicausal, and constitute a risk factor for agriculture and SAN, in African countries, characterized by the destruction of crops and the reduction of food availability. Armed conflicts makes difficult to produce and distribute food, especially for people who’s affected. (shrink)

BackgroundEthical sensitivity is a prerequisite for ethical nursing practices. Efforts to improve nurses’ ethical sensitivity are required to correctly recognise ethical conflicts and for sound decision-making. Because an emerging infectious disease response involves complex ethical issues, it is important to understand the factors that influence public health nurses’ ethical sensitivity while caring for patients with COVID-19, an emerging infectious disease.ObjectivesThis study aims to identify the relationship between nursing professionalism, the organisation’s ethical climate, and the ethical sensitivity of nurses who care (...) for emerging infectious disease patients in Korean public health centres. Further, it sought to identify factors influencing ethical sensitivity and the mediating effect of the organisational ethical climate to inform guidelines and improve ethical sensitivity.Research designThis was a cross-sectional descriptive study.Participants and research contextData were collected from February 3 to 8 March 2021. Participants included 167 nurses caring for patients with COVID-19 in public health centres in South Korea.Ethical considerationThis study was approved by the Institutional Review Board of the Chung-Ang University and followed the principles of research ethics.ResultsThe factors influencing ethical sensitivity were working at a COVID-19 disease direct response department, nursing professionalism, and organisation’s ethical climate. The organisation’s ethical climate showed a partial mediating effect on the influence of nursing professionalism on ethical sensitivity.ConclusionOur findings show that nurses’ ethical sensitivity can be improved by refining the organisation’s ethical climate and nursing professionalism. (shrink)

We examine the role flexible working has for gender equality during the pandemic, focusing on arrangements that give workers control over when and where they work. We use a survey of dual-earning working parents in the United Kingdom during the peak of the first lockdown, namely, between mid-May and mid-June 2020. Results show that in most households in our survey, mothers were mainly responsible for housework and child care tasks both before and during the lockdown period, although this proportion has (...) slightly declined during the pandemic. In households where fathers worked from home during the pandemic, respondents were less likely to say that mothers were the ones solely or mostly responsible for housework and child care. Fathers who worked from home were more likely to say that they were doing more housework and child care during the lockdown period than they were before. Finally, we explore what we expect to happen in the postpandemic times in relation to flexible working and gender equality. The large expansion of flexible working we expect to happen may help reduce some of the gender inequalities that have exacerbated during the pandemic, but only if we reflect on and change our existing work cultures and gender norms. (shrink)

Since the publication of Roy Bhaskar's A Realist Theory of Science in 1975, critical realism has been evolved as one of the new developments in the areas of philosophy of natural and social science which offers an alternatively fresh view to the existing theories including positivism and post-modernism. Bhaskar's intellectual movement, which is now fully international and multi-disciplinary, and continues to influence the philosophies of natural and social science, has transformed into 'Dialectical Critical Realism' and the philosophy of 'meta-Reality.' MinGyu (...) will conclude that his anti-anthropic Non-duality continues through all the steps of Bhaskar's thought, maintaining the consistency of his scientific, metaphysical, and spiritual journey. The anti-anthropic motif is fully realized in the philosophy of Non-duality - the 'constellational identification of dualism, duality and non-duality' in his meta-Reality. Defending Bhaskar against Collier, Agar, and Morgan, MinGyu tries to show how its anti-anthropic and non-dualistic foundation is sustained through the whole of Bhaskar's journey, involving a transformation of its subject matters from reality, to the dialectic of reality, to the real truth underlying the former stages. This book provides an indispensible resource for all students of philosophy and the human sciences. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:You Mean It’s Not My Fault:Learning about Lipedema, a Fat DisorderCatherine A. Seo“As a surgeon there is nothing more I can do for you. You need to lose 75 pounds before I can even consider repairing the damage done.” Implied and not directly stated, “… Because it’s your fault.” I sat listening, dumbfounded. I was at one of the top teaching hospitals in the country, face to face with (...) a respected Harvard Medical School trained surgeon who came highly recommended.I had seemingly irreversible damage that was leading to permanent immobility. I was experiencing excessive and uncontrollable swelling in my extremities. I was in unrelenting pain that prevented me from sleeping through the night.The surgeon looked down at the floor avoiding my gaze and—after never before mentioning weight as a possible contraindication to surgery during any of our interactions associated with five surgeries, in over two years, including at least 25 consultations, pre-op, post-op, or follow-up visits stated—in essence, “I can’t help you. You are too fat. It’s your fault.” Not until now, this moment, a couple of months after “the-surgery-gone-wrong-that-ended-in-terrible-complications,” I was being told that it was my fault.He then looked down at his pager that had conveniently buzzed within minutes after he delivered this news, and then walked out of the examining room leaving me to fend for myself in dealing with serious and life-changing complications. Susan1*, his Nurse Practitioner, printed out and handed me a standard listing of BMI calculations, marched me into the common hallway to weigh me, pointed out my BMI >30, reinforced the message that he would do nothing to remedy this horrific situation unless I lost 75 pounds, and then sent me on my way.I stood outside the hospital in shock. This just wasn’t happening, and it couldn’t be happening to me. I had grown to trust this surgeon, and I was struggling to comprehend what had just happened. As the shock wore off, I reengaged in several failed attempts to get help from him. He seemed to have convinced himself that the reason the surgery had gone awry was because of my excess weight, and not because, as I later learned, I had been misdiagnosed and the procedure, as it was performed, was far too aggressive. My health condition was deteriorating and it appeared as if weight was being scapegoated for the complications.If a solution was to be found, I was going to have to find it. After many months of research, I discovered that I have lipedema, an unrecognized [End Page E6] and generally misdiagnosed hereditary, genetically-based fat disorder. I had always had lipedema, which in my case seems to have been triggered at least since puberty. There are an estimated 17 million women in the USA alone who have lipedema, unrecognized or misdiagnosed.I, like most other women in America, knew that weight was a personal choice, and fat is a result of eating too much. Or was it? This ingrained and culturally accepted structure of knowledge began to disintegrate. I then asked the question, if this disease of lipedema is a fat disorder—and I had been to many, many doctors in my 63 years—why was it never identified? Why was I left to struggle in a constant battle trying to accomplish the impossible? I then learned about and named “anti-fat bias” and began to unravel the answers.About LipedemaAccording to Karen L. Herbst, Ph.D., M.D., endocrinologist and expert on fat disorders, lipedema (lipoedema in Europe) is an inherited genetic disease, affecting at least 11% of women of all sizes, from the extremely thin to the morbidly obese, resulting in localized fat that is bilateral, symmetrical and usually from the waist to just above the ankles. It can also affect the upper arms. Unlike the “normal” fat of obesity, lipedemic fat cannot be lost through diet and exercise. It is not uncommon for the comorbidity of overweight or obesity to accompany lipedema. Allen and Hines, physicians at the Mayo Clinic, first named Lipedema in 1940.Believed... (shrink)

This article aims to contribute to the understanding of Roy Bhaskar's philosophical evolution from critical realism to the philosophy of meta-Reality. Following Bhaskar's own terminology, I define his intellectual journey as the ‘identification of dualism and duality within non-duality’ by proposing that anti-anthropism plays a key role in the developmental consistency of his system from critical realism via dialectical critical realism to meta-Reality. For this purpose, I compare Bhaskar's philosophy with Andrew Collier's theory of human rationality and spiritual emancipation based (...) on Christianity and Tu Wei-Ming's anthropocosmic understanding of human beings and nature based on Confucianism. (shrink)

The current age is characterised by many as secular, and a source of such a characterisation can be found in the Nietzschean claim that thoughts about there being some ultimate reality have to be jettisoned, and human existence and the world need to be embraced as they are. That claim is renewed by some secular thinkers who insist that education has to be reconceived in ways congenial to the new age. It is argued that central to their logic is the (...) dichotomy between the religious and the secular or the otherworldly and the earthly, and that this dichotomy is simplistic as well as problematic. As an alternative to the ‘two worlds’ view, the ‘two aspects’ view is suggested, with an interpretation of reality that the noumenon––the non-human––has to be taken in the negative sense. Against secularising the domain of education, it is indicated that there still remains a place for education to occupy between the two poles of religiousness and secularity. (shrink)

Objective: Even when critically ill patients are almost certain to die from their illnesses, there is generally an element of prognostic uncertainty. Little is known about how physicians handle this uncertainty in conversations with surrogate decision makers. We sought to evaluate whether and how physicians discuss prognostic uncertainty with surrogate decision makers of patients who are highly likely, but not certain, to die. Design: We audiotaped and transcribed discussions between clinicians and surrogate decision makers at two major California teaching hospitals (...) from 2006 through 2008. Physicians completed a questionnaire addressing their prognostic estimates for patients' survival to hospital discharge. Participants: We included physicians and surrogates of 12 incapacitated, critically ill patients. Measurements: We analyzed transcripts of discussions in which physicians' estimates of patients' chances of hospital survival were 1% to 5%; we coded whether physicians disclosed the prognostic uncertainty and, if so, how they conveyed that death was highly likely but not certain. Results: Physicians' estimates of short-term survival were 1% to 5% for 12 of the 70 patients enrolled in the original study. In 8 of 12 cases, physicians conveyed prognostic uncertainty by using probabilistic language or by an explicit mention of uncertainty. In four cases, physicians made at least one statement that either implied or was ambiguous about whether death was certain. Conclusion: We observed variability in how physicians handle prognostic uncertainty in their discussions with surrogates of patients who are highly likely, but not certain, to die, including some circumstances in which physicians stated or implied that death was certain. (shrink)

The generation of isometric force at the hand can be mediated by activating a few motor modules. Stroke induces alterations in motor modules underlying steady-state isometric force generation in the human upper extremity. However, how the altered motor modules impact task performance remains unclear as stroke survivors develop and converge to the three-dimensional target force. Thus, we tested whether stroke-specific motor modules would be activated from the onset of force generation and also examined how alterations in motor modules would induce (...) changes in force representation. During 3D isometric force development, electromyographic signals were recorded from eight major elbow and shoulder muscles in the paretic arm of 10 chronic hemispheric stroke survivors and both arms of six age-matched control participants. A non-negative matrix factorization algorithm identified motor modules in four different time windows: three “exploratory” force ramping phases and the stable force match phase. Motor module similarity and between-force coupling were examined by calculating the scalar product and Pearson correlation across the phases. To investigate the association between the end-point force representation and the activation of the motor modules, principal component analysis and multivariate multiple linear regression analyses were applied. In addition, the force components regressed on the activation profiles of motor modules were utilized to model the feasible force direction. Both stroke and control groups developed exploratory isometric forces with a non-linear relationship between EMG and force. During the force matching, only the stroke group showed abnormal between-force coupling in medial-lateral and backward-forward and medial-lateral and downward-upward directions. In each group, the same motor modules, including the abnormal deltoid module in stroke survivors, were expressed from the beginning of force development instead of emerging during the force exploration. The PCA and the multivariate multiple linear regression analyses showed that alterations in motor modules were associated with abnormal between-force coupling and limited feasible force direction after stroke. Overall, these results suggest that alterations in intermuscular coordination contribute to the abnormal end-point force control under isometric conditions in the UE after stroke. (shrink)