This article investigates some special criteria of implementation of the EU directives into the national legal order and the consequences of their non-compliance, that could arise from the EU membership obligation to the European Union law. The most important acting form for the Institutions of European Union comes after the Reform treaty of Lisbon the form of the EU directive. The law-making practice of the Institution of the European Union set out with different levels of full or partial harmonization (...) of the EU directives. Consequently, there comes the problem of the enforcement of the adopted EU directives into the domestic legal order. The article analyses the changes in European Union law after the Reform of Lisbon. The investigation begins with treatment of the general characteristic of the EU directive. After that it analyses the choice of primary legal ground for adopting of the EU directive and the consequences of its wrong choice for the legality of the EU directive. (shrink)

The European Clinical Trials Directive was issued in 2001 and aimed to simplify and harmonise the regulatory framework of clinical trials throughout Europe, thus stimulating European research. However, significant complexity and inconsistency remains due to disparate interpretation by EU member states. Critical care research has been particularly impacted due to variable and often restrictive consenting procedures for incapacitated subjects, with some countries requiring a court-appointed representative, while others recognise consent from family members and occasionally professional representatives. Furthermore, the absence (...) of a waiver of consent threatened to put an end to emergency research in Europe and was met with varied responses. Approval procedures by ethics committees are equally inconsistent, particularly those relating to provision of a single opinion for multi-centre trials. Although evidence is somewhat mixed, this complexity as well as a general increase in administrative and financial burden following the Directive has been shown to cause a reduction in clinical trial activity in Europe, particularly academic trials. We aim to clarify some of these inconsistent procedures, particularly those relating to informed consent of incapacitated subjects, as well as discussing some general weaknesses and possible improvements of the Directive ahead of its planned revision in 2011. (shrink)

In November 2019 the EU Whistleblower Directive came into force. Whistleblowing has been described as a human right and a freedom fundamental to democracy. But it is not always straightforward to understand concrete cases of reporting wrongdoing in terms of abstract political philosophy. This paper uses a discussion between Berlin and Skinner about what negative freedom is, as a theoretical framework to understand the struggles of a campaigning platform of trade unions and civil society organizations, in the coming about (...) of the EU Whistleblower Directive. The paper is empirically based on a document analysis of two Resolutions in the European Parliament, the European Commission’s proposal text, the approved text in the European Parliament, and messages on the listserv of the campaigning platform between February 2017 and April 2019. The paper provides insights on how whistleblowing freedom relates to public interest and autonomy. (shrink)

This article concerns the implementation of new EU Directives coordinating the procedures for awarding public contracts in European Union Member States. In a number of countries, including Poland, the process of their implementation (Directive 2014/24/eu of the European Parliament and of the Council of 26 February 2014 on public procurement; Directive 2014/25/eu of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport, and postal services sectors; (...) class='Hi'>Directive 2014/23/eu of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts) was delayed. In most cases, the modernization of EU regulations on public procurement required a thorough modification of national regulations in this respect. As a result of the introduction of the package of new Directives, the European Union public procurement market has undergone substantial changes. The need to adjust legal regulations to the changing political, social, and economic situations in a better way has resulted in the transposition of the modernized EU Directives concerning public procurement to the Polish legal system, affecting the final shape of the new Polish Public Procurement Law. The implementation of the package of new Directives has significantly affected the functioning of the Polish public procurement market. For the entities operating in this market, this means the necessity to expand their knowledge, so as to become familiar with the new legal solutions in this respect. (shrink)

The upcoming Regulation No 536/2014 on clinical trials on medicinal products for human use, which will replace the current Clinical Trial Directive at the end of 2021, has triggered a significant reform of research ethics committee systems in Europe. Changes related to ethics review of clinical trials in the EU were considered to be essential to create a more favourable environment to conduct clinical trials in the EU. The concern is, however, that the role of the research ethics committees (...) will weaken in at least some of the Member States because the new Regulation allows narrowing down the scope of ethics review as compared with the currently valid Clinical Trial Directive. Although the new Regulation may lead to faster approval procedures for clinical trials, which is especially relevant in the context of pandemics, high-quality ethics reviews integrating methodological aspects of a clinical trial should nevertheless be ensured. To maintain high research ethics standards as well as to foster measures to mitigate potential negative consequences of the reform, it is therefore of vital importance to start debating and sharing the reflections about the potential consequences of these transformations and trends as soon as possible. (shrink)

The quality of doctoral-level biochemistry (N=139), botany (N=83), cellular/molecular biology (N=89), microbiology (N=134), physiology (N=101), and zoology (N=70) programs at United States universities was assessed, using 16 measures. These measures focused on variables related to: (1) program size; (2) characteristics of graduates; (3) reputational factors (scholarly quality of faculty, effectiveness of programs in educating research scholars/scientists, improvement in program quality during the last 5 years); (4) university library size; (5) research support; and (6) publication records. Chapter I discusses prior (...) attempts to assess quality in graduate education, development of the study plans, and the selection of disciplines and programs to be evaluated. Chapter II discusses the methodology used, focusing on each of the assessment measures. Chapters III to VIII present, respectively, findings from the analyses of the biochemistry, botany, cellular/molecular biology, microbiology, physiology, and zoology programs. Chapter IX includes a summary of results, correlations among measures, several additional analyses, and suggestions for future studies. Among the findings reported are those indicating that cellular/molecular biology programs had, on the average, the largest number of faculty and that students in cellular/molecular biology, biology, biochemistry, microbiology, and physiology received a relatively high fraction of financial support. (Survey instruments and supporting documentation are included in appendices.) (JN). (shrink)

The quality of doctoral-level chemistry (N=145), computer science (N=58), geoscience (N=91), mathematics (N=115), physics (N=123), and statistics/biostatistics (N=64) programs at United States universities was assessed, using 16 measures. These measures focused on variables related to: program size; characteristics of graduates; reputational factors (scholarly quality of faculty, effectiveness of programs in educating research scholars/scientists, improvement in program quality during the last 5 years); university library size; research support; and publication records. Chapter I discusses prior attempts to assess quality in graduate (...) education, development of the study plans, and the selection of disciplines and programs to be evaluated. Chapter II discusses the methodology used, focusing on each of the assessment measures. Chapters III to VIII present, respectively, findings from the analyses of the chemistry, computer science, geoscience, mathematics, physics, and statistics/biostatistics programs. Chapter IX includes a summary of results, correlations among measures, several additional analyses, and suggestions for future studies. Among the findings reported are those indicating that mathematics programs had, on the average, the largest number of faculty (N=33) in December 1980 followed closely by physics (N=28) and chemistry (N=23), and that 80 percent of computer science students had job commitments by graduation. (Survey instruments and supporting documentation are included in appendices.) (JN). (shrink)

BackgroundAdvance directives (ADs) were implemented in Portugal in 2012. Although more than a decade has passed since Law 25/2012 came into force, Portuguese people have very low levels of adherence. In this context, this study aimed to identify and analyse the attitudes of people aged 18 or older living in Portugal towards ADs and to determine the relationships between sociodemographic variables (gender/marital status/religion/level of education/residence/whether they were a health professional/whether they had already drawn up a living will) and people’s attitudes (...) towards ADs.MethodsAn online cross-sectional analytical study was conducted using a convenience sample. For this purpose, a request (email) that publicized the link to a –form—which included sociodemographic data and the General Public Attitudes Toward Advance Care Directives (GPATACD) scale—was sent to 28 higher education institutions and 30 senior universities, covering all of mainland Portugal and the islands (Azores and Madeira). The data were collected between January and February 2023.ResultsA total of 950 adults from completed the online form. The lower scores (mean 1 and 2) obtained in most responses by applying the GPATACD scale show that the sample of the Portuguese population has a very positive attitude towards ADs. The data showed that women, agnostics/atheists, health professionals and those who had already made a living will had more positive attitudes (p < 0.001) towards ADs. There were no statistically significant differences in the attitudes of the Portuguese population sample towards ADs in relation to marital status, education level, and residence.ConclusionThe results obtained enable us to confirm that this sample of the Portuguese population has a positive attitude towards ADs. We verify that there are certain fringes of this sample with certain sociodemographic characteristics (women, agnostics/atheists, health professionals and those who had already made a living will) that have a more positive attitude towards ADs. This data could facilitate the implementation and adjustment of relevant measures, particularly in the field of health education and aimed at groups with less favourable attitudes, to increase the effectiveness of voluntary exercise of citizens’ autonomy in end-of-life care planning. (shrink)

This work discusses the creation, development, and key characteristics of philosophical periodicals in Serbia, as one of the most important institutional pillars for the development of a philosophical culture. The author shows that Serbian philosophical periodicals played a significant role in the development and dissemination, not only of its primary goal, philosophical culture, but also in building general standards of criticism, necessary for critical thinking in science and our society. At the end of the account, the author emphasizes that (...) Serbian philosophical periodicals, in over a century of development, have managed to establish a broad philosophical communication with various traditions, directions and streams of philosophical thought. However, due to strong ideological breaks in history, it was not able of maintaining the continuity necessary for establishing clear and strong scientific criteria in assessing philosophical output and other philosophical activity in our milieu. (shrink)

This work discusses the creation, development, and key characteristics of philosophical periodicals in Serbia, as one of the most important institutional pillars for the development of a philosophical culture. The author shows that Serbian philosophical periodicals played a significant role in the development and dissemination, not only of its primary goal, philosophical culture, but also in building general standards of criticism, necessary for critical thinking in science and our society. At the end of the account, the author emphasizes that (...) Serbian philosophical periodicals, in over a century of development, have managed to establish a broad philosophical communication with various traditions, directions and streams of philosophical thought. However, due to strong ideological breaks in history, it was not able of maintaining the continuity necessary for establishing clear and strong scientific criteria in assessing philosophical output and other philosophical activity in our milieu. (shrink)

Much of what we believe we know, we know through the testimony of others. While there has been long-standing evidence that people are sensitive to the characteristics of the sources of testimony, for example in the context of persuasion, researchers have only recently begun to explore the wider implications of source reliability considerations for the nature of our beliefs. Likewise, much remains to be established concerning what factors influence source reliability. In this paper, we examine, both theoretically and empirically, (...) the implications of using message content as a cue to source reliability. We present a set of experiments examining the relationship between source information and message content in people's responses to simple communications. The results show that people spontaneously revise their beliefs in the reliability of the source on the basis of the expectedness of a source's claim and, conversely, adjust message impact by perceived reliability; hence source reliability and message content have a bi-directional relationship. The implications are discussed for a variety of psychological, philosophical and political issues such as belief polarization and dual-route models of persuasion. (shrink)

Feminist legal efforts to make sense of the external migration policies of the European Union (EU) have focused almost exclusively on the EU’s initiatives against trafficking in women. This article examines one of the more neglected areas of EU immigration policy—the return of ‘illegal immigrants’. It analyses the so-called 2008 Returns Directive in the light of the multidimensional inequalities experienced by migrant women, which affect their migration status and expose some of them to the threat of removal. Owing to (...) insecurities over external migration, the Directive constructs even the most vulnerable migrants as a threat to be controlled and is likely to result in detrimental consequences for many migrants, and in particular already vulnerable women who are likely to be further disadvantaged by it. (shrink)

Publication date: 2 May 2019 Source: Author: Doina Gavrilov The Economy has always been considered an essential pillar of the development. This is why, when the European Union appeared, the idea of a community based on economic relations with the purpose of empowering the common economy seemed to be an attractive idea to the outside states of the European Economic Community. Even at first, the idea of empowering the Economy was a very good one, after politics, culture, agriculture, science, and (...) other domains were directly linked to the economic development, the Economy was seen as the nucleus of development of all. Giving its role, we are asking ourselves: Is the Economy role only a positive one in the development of other domains? To understand the role that the fall of the Economy can have on other domains, we focus on Economy- culture relation. Assuming the role of the spillover effect of the Economic crises on the culture we conclude that the Economy should not be the only basis of development, but we should enlarge our possibilities of independence of other domains. (shrink)

Internal protection alternative (further—IPA) as the element of refugee definition is interpreted very differently in the practice of the State Parties to the 1951 Convention and the 1967 Protocol relating to the Status of Refugees (further—Geneva Convention). Thus it is important to regulate this concept clearly in the EC directive 2004/83/EB (further—Qualification directive) and its coming amendments. The definition of the IPA concept does not contain adequate criteria for assessing the level and effectiveness of protection required, in line (...) with the Geneva Convention and the ECHR, thus allowing Member States to reject claims and return applicants to their country of origin despite the lack of effective protection. Moreover, this concept is defined in a broad and vague manner which creates a risk of diverse recognition practices. (shrink)

Starting from 2009, national courts of the EU Member States for the first time gained a “real” right to request the EU Court of Justice for preliminary rulings in asylum matters. First judgments of this Court demonstrate equivocal tendencies: some are blaming the Court for incompetence in asylum matters, others believe that the adoption of authoritative decisions at the European level will assist in developing consistent practice of applying asylum law in the European Union, something that failed at international level (...) due to absence of a single authoritative body to provide guidance on interpretation and application of the 1951 Refugee Convention. Considering that the judgments of the EU Court are part of the EU law, the Member States should develop their national asylum law with due regard being taken to those judgments. By the beginning of 2012, the Court has issued eight judgments on the interpretation of various problematic issues of EU asylum law. This Article analyses the jurisprudence of the EU Court in asylum cases, related to the granting of refugee status and subsidiary protection. It also provides a critical evaluation of those judgments. The main objective of the Article is to familiarise the relevant Lithuanian institutions and lawyers with the first judgments of the EU Court in asylum cases and encourage discussions concerning the application of rules established by the Court in the Lithuanian context. Due to limited size, this Article presents the analysis of two EU Court judgments adopted on interpretation of the 2004 Qualification Directive: Elgafaji v. The Netherlands (2009) dealing with granting of subsidiary protection, and Abdulla and others v. Bundesrepublik Deutschland (2010), dealing with cessation of refugee status. The value of those judgments first of all lies in the guidance they provided to the Member States on such concepts as: protection in a situation of an armed conflict, agents of protection, effectiveness of protection; as well as determination of a relationship between refugee status and subsidiary protection, relationship of the Qualification Directive with the European Convention on Human Rights and Fundamental Freedoms (ECHR), also cessation of protection. Elgafaji decision, while quite liberal with regard to persons seeking international protection, is not so liberally applied in the Member States’ practice and does not in itself guarantee positive outcome of the application of a concrete individual fleeing from an armed conflict, or a liberal approach to granting subsidiary protection in the Member States. Based on Elgafaji judgment it is clear that: Art. 15(b) of the Qualification Directive correspond to Art. 3 ECHR, while Art. 15(c) provides additional protection and in that it expands the Member States’ obligations beyond the ECHR to provide protection to persons fleeing in situations of armed conflict. While not every person arriving from an armed conflict situation would automatically fall under the granting of subsidiary protection, in certain exceptional situations indiscriminate violence may amount to individual threat without invoking personal circumstances. The EU Court departed from the individualisation requirement applied by the European Court of Human Rights in Art. 3 cases and did not also rely on international humanitarian law, by introducing a “sliding scale” formula for establishing an individual threat in armed conflict situation instead. This formula addressed the alleged internal discrepancy between “individual threat” and “indiscriminate violence”. The Abdulla decision brought in the human rights and law enforcement perspectives to the interpretation of cessation clauses, however it represents a rather superficial approach in the context of the analysed concepts (e.g. towards effectiveness of protection provided by the multinational armed forces) and is likely to be incompatible with the latest legislative trends in the EU asylum instruments (e.g. determination of refugee status and subsidiary protection by means of a single procedure) and the recent jurisprudence under the ECHR (e.g. failure to ensure a minimum standard of living may violate the ECHR). (shrink)

It is well documented that the language skills of preschool children differ substantially and that these differences are highly predictive of their later academic success and achievements. Especially in the early phases of children’s lives, the importance of different structural and process characteristics of the home learning environment has been emphasized and research results have documented that process characteristics such as the quality of parental interaction behavior and the frequency of joint activities vary according to the socio-economic status (...) of the family. Further, both structural and process characteristics are associated with children’s language development. As most of the studies focus on single indicators or didn’t take the dynamics of parenting behavior across age into account, the present paper aims to investigate the associations of different characteristics of the home learning environment as well as their potentially changing impact on the language skills of 2-year-old children. Using data of 2.272 families of the infant cohort study of the German National Educational Panel Study, longitudinally assessed process characteristics and structural characteristics were considered. Language skills of the children at the age of two were measured by a standardized and validated parent report instrument. Results showed that all three process characteristics of the home learning environment are associated with the family’s SES; across three assessment waves nearly all process characteristics predicted children’s vocabulary and grammar skills with some process-specific changes across waves; despite separate direct effects of nearly all HLE-process characteristics in each wave, the amount of explained variance in a joint model including the HLE facets from each wave is hardly higher than in the separate models; and socioeconomic background predicted both language facets of the children in each model even when controlling for the assessed process characteristics of the home learning environment. (shrink)

The present research examines how children’s time spent online is associated with their perceived life satisfaction accounting for their age, gender, socio-economic status, emotional problems, country, and family environmental factors. This article is based on the data of the large scale cross-sectional EU Kids Online survey from 16 European countries with nationally representative samples of children aged 9–17. The results indicated that the time children spent online appeared to have no considerable negative effect on their self-reported life satisfaction. Comparatively, the (...) positive effects of children’s SES and family environment accounted for 43% of the overall 50% of the variance in children’s SRLS scores. Considering that children’s SES alone accounted for 42% of the variance, children’s emotional problems, country of residence, and enabling parental mediation accounted for the remaining 3, 4, and 1% of the variance, respectively. In line with previous studies that urge caution when discussing the negative influence of time spent online on children’s mental health and overall wellbeing, the current findings suggest that social-ecological characteristics and how children use the Internet, need to be examined further. (shrink)

Income redistribution and insurance are core functions of welfare states. What role should the EU play in this domain? I examine the purchase of normative theorizing on social justice on this question, focusing on the contrast between three models of EU involvement: the EU as Support, which implies the sharing of resources through intergovernmental transfers; the EU as Provider, which implies EU cross‐border transfers towards individual citizens; the EU as Norm‐setter, which implies that the EU formulates normative policy ideals. I (...) review different accounts of justice for the EU and how they bear on the choice between these models of EU involvement. Conceptions of “background justice” have some purchase in a debate on the EU's role, but that purchase is limited. They need to be complemented by shared conceptions of domestic justice and a degree of moral cosmopolitanism. I argue that a “European Social Union” should be a Support and Norm‐setter in the realm of insurance and redistribution. Through the establishment of interstate insurance, it would be a true “insurance union.” It would engage in interstate redistribution, but there are no compelling reasons of justice for it to become a direct Provider of insurance or redistribution towards individual citizens. (shrink)

Whistleblowing can be defined as the internal or external reporting of violations and abuses of law. The protection and promotion of whistleblowing is extremely important both in the level of the European Union and the Member States. It is also well demonstrated by the fact, that the European Union has adopted a Directive in 2019 on the protection of persons who report breaches of Union law which the Member States also has to implement to their national legal system. Although (...) whistleblowing can be analyses from several points of view, this paper only focuses on its legal aspects. The objective of the article is to present the legal requirements of the European Union and the Hungarian regulation. In this context, the paper aims to analyse how successful was the implementation of the Directive into the Hungarian legal system. (shrink)

Key n-grams are useful in the analysis of legal discourse as they help bring recurrent key expressions to the fore and understand the patterning of legal language. This paper aims to generate, analyse and compare the key n-grams of two legal corpora: a corpus of European directives on distance consumer contracts and a UK national legislation corpus on the same subject-matter. The corpora are considered, alternatively, as both focus and reference corpora. In this way, keyness, i.e., the terminology that makes (...) each corpus unique, is revealed from both corpora. The paper findings mostly bring to the fore five different patterns: differences in the key n-grams due to institutional or country-related factors; legalese influences; typical n-grams of Eurolect; dichotomy in the terminology used (albeit applying the same legal principles), and polysemy (i.e., similar words with different applications in various genres). This analysis confirms the usefulness and insightfulness of key n-grams in understanding the impact of disciplinary conventions in legal language. (shrink)

Whilst the Charter of Fundamental Rights of the European Union, which became part of binding primary EU law on 1 December 2009, constitutes an important codification and clarification of fundamental rights as they exist in the European Union, the field of application of the Charter is limited in a significant way: the Charter only applies when EU law is at stake. When national courts and authorities in the EU Member States are confronted with problems of purely national law, they are (...) not obliged to apply the Charter but should instead rely on the national constitutional Bill of Rights as well as the international human rights instruments which are binding on the Member State in question. The borderline between EU law and national law is not always easy to establish in a concrete case. This article discusses theoretical and practical problems arising out of the application and interpretation of Article 51(1) of the Charter, according to which the Charter is addressed to the Member States ‘only when they are implementing Union law’. It is suggested to adopt a pragmatic case-by-case approach, asking oneself if there is another norm of Union law than a Charter provision which is directly relevant to a case in concreto. If the answer is yes, also the Charter should be applied, supposing that there is a Charter provision which could influence the outcome of the case. If the answer is in the negative, national courts and authorities are only obliged to apply national law, including the constitutional Bill of Rights and the international human rights obligations of the Member State concerned. (shrink)

Four decades have passed since the EU and China established diplomatic relations in 1975, and now became mutually indispensable economic partners, presenting both an opportunity and challenge. During that time, after the first market reforms were introduced in 1978, China has transitioned from a predominantly agricultural to industrial and service-oriented economy. On 11 December 2001, China also became the 143rd member of the WTO. The aim of this research is to quantitatively compare the US, EU and Chinese GDP from 1995 (...) to 2014, the US and Chinese outward FDI from 1995 to 2013, and the EU 28 Total Imports from and Exports to the US and China between 2002 to 2014, and analyse the impact of the exponentially rising Chinese investments in the European Union (EU). We have found that while the US economy experienced a regression in general, and exhibited outward FDI exponential decrease in particular, the Chinese outward FDI sustained an exponential growth. Our analysis has shown that the now weakened US dollar and diminished US economic and industrial power, along with the US designed and archaic post World War II European institutions, vitiated by the recent US Economic Recession, which has swept along the EU and all other US dependent foreign economies globally, are and will continue to experience the primary impact of the exponentially rising economic investment of China in the EU. Furthermore, we have found that the Chinese economic growth has been affecting both the EU identity and policies. Yet, its full effect is waiting to be realized. The Chinese investment in the EU is estimated to peak during the next decade, when China will become by far the foremost economic partner of the EU. This crossroad may be reached as soon as in few years’ time and contribute towards the EU – Asian regional stabilization. In the changing context of the Sino – EU - US relations, due to the exponentially growing economic prosperity and rising global influence of China, the EU international institutions and socio-political structures will re-emerge with the once forgotten access to the 21st Century Silk Road Economic Belt, “The Silk Road II”, between China and the EU in the foreseeable future. (shrink)

The European Clinical Trials Directive (EU 2001; 2001/20/EC) was introduced to improve the efficiency of commercial and academic clinical trials. Concerns have been raised by interested organizations and institutions regarding the potential for negative impact of the Directive on non-commercial European clinical research. Interested researchers within the European Group for Blood and Marrow Transplantation (EBMT) were surveyed to determine whether researcher experiences confirmed this view. Following a pilot study, an internet-based questionnaire was distributed to individuals in key research (...) positions in the European haemopoietic SCT community. Seventy-one usable questionnaires were returned from participants in different EU member states. The results indicate that the perceived impact of the European Clinical Trials Directive has been negative, at least in the research areas of interest to the EBMT. (shrink)

This paper attempts to address the question of how multilingualism in the EU might affect the consistency of private enforcement of competition law. In the literature, there have been concerns raised about the consistency of public enforcement of competition law, so in this paper attention has shifted to concerns about consistency of private enforcement. For the purposes of this paper, a distinction is drawn between rule-making and the application of competition law. The latter falls outside the scope of this paper. (...) The article starts by going straight into aspects of public versus private enforcement of EU competition law and consistency of private enforcement of competition law. Next, by looking at examples of national rules implementing the EU Damages Directive, the author is going to discern what challenges for consistency of private enforcement of competition law are associated with the multilingualism in the EU. (shrink)

Many research fields concerned with the processing of information contained in human faces would benefit from face stimulus sets in which specific facial characteristics are systematically varied while other important picture characteristics are kept constant. Specifically, a face database in which displayed expressions, gaze direction, and head orientation are parametrically varied in a complete factorial design would be highly useful in many research domains. Furthermore, these stimuli should be standardised in several important, technical aspects. The present article presents (...) the freely available Radboud Faces Database offering such a stimulus set, containing both Caucasian adult and children images. This face database is described both procedurally and in terms of content, and a validation study concerning its most important characteristics is presented. In the validation study, all frontal images were rated with respect to the shown facial expression, intensity of expression, clarity of expression, genuineness of expression, attractiveness, and valence. The results show very high recognition of the intended facial expressions. (shrink)

While much has been written about verbal narratives, we still lack a clear account of what makes images narrative. I argue that there are narrative characteristics of images and show this with examples of single images. The argument proceeds in three steps. First, I propose that from a semantic perspective, the following two characteristics are necessary for an image to be narrative: a representation of an event and a representation of time. Second, I argue that there are paradigmatic (...) characteristics, such as at least two events, bridging connections, and unifying subjects between these events, characters with intentions, and the representation of goal-directed actions. Third, I show that it is possible to differentiate between narrative and non-narrative images while also accounting for the idea that narrativity is a matter of degree. While I do not provide a full definition of narrative images, my account constitutes a necessary first step in this direction. (shrink)

This study examines cheating behaviors among 422 business students at two public Association to Advance Collegiate Schools of Business-accredited business schools. Specifically, we examined the simultaneous influence of attitudinal characteristics and motivational factors on reported prior cheating behavior, the tendency to neutralize cheating behaviors, and likelihood of future cheating. In addition, we examined the impact of in-class deterrents on neutralization of cheating behaviors and the likelihood of future cheating. We also directly tested potential mediating effects of neutralization on cheating (...) behavior. Using structural equations modeling procedures, we conducted an assessment of the validity of a modified version of the K. J. Smith, Davy, Rosenberg, and Haight model of cheating behavior and its antecedents. The modified model included motivation as a potential predictor of cheating behavior. Results supported the differentiation of the theoretical constructs within the specified process model. Furthermore, tests of the aforementioned theoretical model indicated a significant positive relation between extrinsic motivation and prior cheating and a significant negative relation between both intrinsic motivation and academic performance, and prior cheating. Finally, prior cheating had a significant positive relation, whereas deterrents had a significant negative relation to likelihood of future cheating. (shrink)

Traditional spiritual literature contains rich anecdotal reports of spontaneously arising experiences occurring during meditation practice, but formal investigation of such experiences is limited. Previous work has sometimes related spontaneous experiences to the Indian traditional contemplative concept of kundalini. Historically, descriptions of kundalini come out of Tantric schools of Yoga, where it has been described as a “rising energy” moving within the spinal column up to the brain. Spontaneous meditation experiences have previously been studied within Buddhist and Christian practices and within (...) eclectic groups of contemplative practitioners. Prior explorations of kundalini have emphasized extreme experiences, sometimes having clinical consequences. We conducted a first such investigation of kundalini-related experiences within a sample of meditators from a single Tantric Yoga tradition that emphasizes the role of kundalini. We developed a semi-structured questionnaire to conduct an exploratory pilot investigation of spontaneous sensory, motor and affective experiences during meditation practice. In addition to identifying the characteristics of subjective experiences, we measured quantity of meditation, supplemental practices, trait affect and trait mindfulness. We administered it to 80 volunteers at two Ananda Marga retreats. Among reported experiences, we found the highest prevalence for positive mood shifts, followed by motor and then sensory experiences. The frequency of spontaneous experiences was not related to the quantity of practiced meditation or trait measures of mindfulness and affect. Self-reports included multiple descriptions of rising sensations, sometimes being directly called kundalini. Experiences with rising sensations were complex and many included references to positive affect, including ecstatic qualities. There were also reports of spontaneous anomalous experiences. These experiences of rising sensations resemble prior clinical descriptions that were considered kundalini-related. The individuals who reported rising sensations could not be distinguished from other participants based on the incidence of experiences, quantity of meditation practice, or trait measures of mindfulness and affect. In contrast, greater amount of Tantric Yoga meditation practice was associated with greater positive affect, less negative affect and greater mindfulness. Further study of these exploratory findings and how they may be related to spiritual and well-being goals of meditation is warranted along with scientific investigation of purported kundalini phenomena. (shrink)

This paper revisits the strained yet ubiquitous notion of sustainability to see where and how it can make a contribution to improved agricultural and natural resource management and policy making. The case of a three-year EU network on farm animal breeding and reproduction is used as a practical illustration. In this network, commercial breeders and breeding scientists were required, with professional assistance from philosophers and social scientists, to develop a definition of sustainable farm animal breeding. The word ‘sustainability’ does not (...) define a unique ethical perspective. At best it indicates a willingness to open an ethical agenda. However if the agenda is not specified in some detail, there is a real danger that necessary ethical discussion will be swept under the carpet. Even worse, the word may be used as a fig leaf in an attempt to legitimise projects which are ethically dubious. Used conscientiously, the framework of sustainability has two benefits: First, it invites parties involved in the planning of future activities in a company or sector to take a comprehensive look at potentially conflicting concerns and to face any difficult trade-offs. Second, it encourages concerns to be presented within a framework that is endorsed by society as a whole, and this enables the stakeholders to make room for communication to, and dialogue with, a broader audience than the rather narrow group of people directly involved. Adapting the definition of sustainability to specific conditions and circumstances is more than a technical or scientific task. It requires us to address carefully underlying questions about values. The fundamental dilemmas that emerge when the notion of sustainability is considered have no easy solutions, but they can be addressed by taking into account four key characteristics of sustainability discussed in this paper. (shrink)

The most pronounced and fundamental characteristic of Chinese ethical thought was the integration of ethical principles and the lineage relationships under the rule of the clan law , which brought about the formation of a clan-law system whose core components were the concepts of loyalty and filial obedience . All other characteristics of Chinese ethics in other areas stemmed from, or can be extrapolated from, this particular characteristic. The difference between China's traditional society and those of classical Greece or (...) Rome lies in the fact that it came to the stage of being a civilized society through its own peculiar route. Comrade Hou Wailu once summed up these different routes of entrance into civilized society in the following way: [The path followed by the] ancient world of the classical era [in the West] is a path represented by the transition from the tribes or clans to private property ownership, and then to the state . It is a model of transition in which the state took the place of the clan. On the other hand, [the path followed by] ancient and traditional Asia was a [more direct] transition from the clan to the state, in which the state came to be mingled with the clan—this is what is meant in Chinese by the term society . The fundamental difference between these two patterns is that in the former model, the state demolished the relationships that had existed in the lineage-bound clans, and therefore, in that model, innate and necessary connections did not exist between the clan and the state. The latter model was quite the opposite. Not only were the lineage clans never demolished; on the contrary, they became the foundation on which the state relied for its existence. The state was mingled in with the clan, and there was no separation between clan and state. It is precisely this odd mixture, or integration, of clan and state that produced the feudal clan-law system that not only existed in China for several thousands of years, but also persisted stubbornly throughout Chinese history. It is also this mixture that produced the corresponding political-ethical feudalistic clanlaw ideology. (shrink)

I respond to Karin de Boer, Thomas Land, and Claudio La Rocca’s comments on Kant’s Critique of Pure Reason and the Method of Metaphysics (CUP 2023). I first provide a quick outline of some of the main claims I make in the book. I then directly address their criticisms, which I group into three categories. The first group of comments raises doubts concerning my characterization of the central tasks of the critique of pure reason. The second targets the fact that (...) I downplay faculty analysis as an essential characteristic of the critique. The third has to do with my claim that the Critique of Pure Reason aims to show that metaphysics is capable of architectonic unity, where this unity is only achievable when we construe metaphysics according to the worldly concept of philosophy. (shrink)

The Europe that was born from Plato's "care for the soul" can today no longer be recognized; it has been replaced by the self-management of the economic EU. How can we now come back to a Europe concerned about its soul, the others, and the world, reinventing itself as a new nation? Jan Patočka's thoughts on post-Europe can show us the way. Starting from some clarifications on the definitely European initial meaning that Patočka detects in Socrates' "care for the soul", (...) the purpose of this article is to examine what in this European spirit can be saved in the post-European age, and to what extent a "European nation" can still make sense. This analysis leads us, building on the visionary texts written in the seventies by Patočka, to rethink the possibilities of a reformation of European reason, and a métanoïa of Post-Europe. (shrink)

The horror and psychological denial of our mortality, along with the corruptibility of our flesh, are persistent themes in drama. Body horror films have intensified these themes in increasingly graphic terms. The aesthetic of body horror has its origins in the ideas of the Marquis de Sade and the existential philosophies of Arthur Schopenhauer and Friedrich Nietzsche, all of whom demonstrated that we have just cause to be anxious about our physical reality and its existence in the world. This book (...) examines the relationship between these writers and the various manifestations of body horror in film. The most characteristic examples of this genre are those directed by David Cronenberg, but body horror as a whole includes many variations on the theme by other figures, whose work is charted here through seven categories: copulation, generation, digestion, mutilation, infection, mutation, disintegration and extinction. (shrink)

The characteristic temporal relationship between actions and their sensory outcomes allows us to distinguish self- from externally generated sensory events. However, the complex sensory environment can cause transient delays between action and outcome calling for flexible recalibration of predicted sensorimotor timing. Since the neural underpinnings of this process are largely unknown this study investigated the involvement of the cerebellum by means of cerebellar transcranial direct current stimulation. While receiving anodal, cathodal, dual-hemisphere or sham ctDCS, in an adaptation phase, participants were (...) exposed to constant delays of 150 ms between actively or passively generated button presses and visual sensory outcomes. Recalibration in the same and in another sensory modality was assessed in a subsequent test phase during which variable delays between button press and visual or auditory outcome had to be detected. Results indicated that temporal recalibration occurred in audition after anodal ctDCS while it was absent in vision. As the adaptation modality was visual, effects in audition suggest that recalibration occurred on a supra-modal level. In active conditions, anodal ctDCS improved sensorimotor recalibration at the delay level closest to the adaptation delay, suggesting a precise cerebellar-dependent temporal recalibration mechanism. In passive conditions, the facilitation of inter-sensory recalibration by anodal ctDCS was overall stronger and tuned to larger delays. These findings point to a role of the cerebellum in supra-modal temporal recalibration across sensorimotor and perceptual domains, but the differential manifestation of the effect across delay levels in active and passive conditions points to differences in the underlying mechanisms depending on the availability of action-based predictions. Furthermore, these results suggest that anodal ctDCS can be a promising tool for facilitating effects of temporal recalibration in sensorimotor and inter-sensory contexts. (shrink)

Modern medicine provides unprecedented opportunities in diagnostics and treatment. However, in some situations at the end of a patient’s life, many physicians refrain from using all possible measures to prolong life. We studied the incidence of different types of treatment withheld or withdrawn in 6 European countries and analyzed the main background characteristics.

The democratic criteria for representation in the European Union are complex since its representation involves several delegation mechanisms and institutions. This paper develops institutional design principles for the representation of peoples and individuals and suggests reform options of the European Union on the basis of the theory of multilateral democracy. In particular, it addresses how the equality of individuals can be realised in EU representation while guaranteeing the mutual recognition of peoples. Unlike strict intergovernmental institutions, the EU requires an additional (...) and independent legislative chamber in which individuals are directly represented. However, strict equality of individuals cannot be the guiding principle for this chamber. In order to avoid the overruling of peoples through supranational majorities, it is necessary to bind the chamber's composition by a principle of degressive proportionality. The representation of peoples, on the other hand, needs to be connected to their domestic democratic institutions. (shrink)

Meeting of the Minds records the proceedings of the S.I.E.P.M. conference held in Boston from June 14-16, 1996. The conference participants centred their attention on the relationships between medieval and classical modern philosophy. These relationships have been painted in dramatically different ways by those who have presented overviews of the two eras. Hans Blumenberg, in The Legitimacy of the Modern Age and his subsequent works, discovers the seeds of modernity in the medieval authors themselves. Leo Strauss and his followers see (...) a radical difference between the classical world views of the ancients and medievals and the successive layers of modern thought. These general portraits demand specifics, and the strength of the conference, whose results are contained in this volume, was that it provided many specific examinations of concrete relations between the philosophical positions of celebrated medieval and modern thinkers. Our hope is that this collection of papers will suggest the direction for further cooperative efforts on the interplay of the philosophical views represented by these two eras, and that the issues commonly debated by the medieval and early modern thinkers represented in this volume will give renewed consideration to important philosophical points that have been ignored in more recent debates. The volume contains contributions from E. Jennifer Ashworth (Waterloo, Ontario), Allan Back (Kutztown, Pennsylvania), Jos Decorte (Leuven), Thomas Dewender (Bochum), Idit Dobbs-Weinstein (Nashville), John P.Doyle (St.Louis), Jeremiah Hackett (Columbia, South Carolina), Simo Knuuttila (Helsinki), James McEvoy (Maynooth), A.Stephen McGrade (Storrs), Edward P.Mahoney (Durham, North Carolina), James D.Maliszewski (Toronto), Emily Michael (New York), Woosuk Park (Taejon, Korea), Horacio Santiago-Otero(+) (Madrid), Alison Simmons (Cambridge, Massachusetts), Jean-Luc Solere (Paris), Jose MariSoto Rabanos (Madrid), and Eileen C. Swe. (shrink)

In recent years consumer law has come more and more into the focus of legislation within the EU. One of the EU’s key objectives, completing the final stage of the internal market, is to place consumer rights in the centre of it. Following the adaption of various consumer law measures for some decades, the EU has undertaken a thorough review of its consumer acquis. After years of consultations, the Consumer Rights Directive 2011/83/ EU, which was supposed to set new (...) standards of consumer protection, came into force and will have to be implemented by the Member States by 13 December, 2013. Renouncing its principal practice of minimum harmonisation in the area of consumer law, i.e. allowing Member States on the basis of Directives to adopt more protective rules, the EU legislator now turned to a targeted full harmonisation approach by means of the Consumer Rights Directive, aiming at increasing the consumer protection across the EU by bringing together the currently distinct laws for distance selling and off-premises contracts as well as other types of consumer contracts in a single instrument. The article briefly introduces the background of the Directive and discusses the shift in means of harmonisation concepts. Then, it analyses the scope, concepts and content of the Directive, which mainly brings considerable reforms in the areas of information requirements and the right of withdrawal. Taking into account the Directive’s improvements and shortcomings, conclusions are drawn that further harmonisation and a uniform and universally applicable set of European consumer rights are needed. (shrink)

The lixue 理学 (learning of the Neo-Confucian principles) of the Qing Dynasty followed the tradition of lixue in the Song, Yuan and Ming dynasties, but it had its own characteristics. First, there was no primary direction and core train of ideas. Second, there was no creativity and the emphasis was made on ethics. Third, after the Opium War, the lixue of the Qing Dynasty was influenced by Western culture, partly resisting and partly integrating with the latter. Fourth, the tradition (...) of Neo-Confucianism of the Song Dynasty and the tradition of the Confucianism of the Han Dynasty co-existed and had disputes with each other, but also learned from each other. (shrink)

The COVID-19 pandemic has raised many intriguing questions both in the EU and globally, from the critical task of safeguarding lives to technical legal issues about competences to regulate health as well as the boundaries of emergency laws. This paper is interested in the connection between non-domination theory and the EU’s constitutional structure in the context of emergency laws. A key theme of the paper is that risk and emergencies are nothing new in an EU context, but concepts used by (...) the legislator in a wide range of policy areas which give rise to a number of constitutional challenges. The paper sketches out the main characteristics of non-domination and republication theory and addresses the question of how and why the notion of non-domination may be useful for understanding the EU constitutionalism venture in the framework of risk and emergency laws. (shrink)

The paper has three parts. First, a survey and analysis is given ofthe structure of individual rights in the recent EU Directive ondata protection. It is argued that at the core of this structure isan unexplicated notion of what the data subject can `reasonablyexpect' concerning the further processing of information about himor herself. In the second part of the paper it is argued thattheories of privacy popular among philosophers are not able to shed much light on the issues treated (...) in the Directive, whichare, arguably, among the central problems pertaining to theprotection of individual rights in the information society. Inthe third part of the paper, some suggestions are made for a richerphilosophical theory of data protection and privacy. It is arguedthat this account is better suited to the task of characterizingthe central issues raised by the Directive. (shrink)

Automatic identification system is a vessel tracking system, which since 2004 has become a global tool for the detection and analysis of seagoing traffic. In this article, we look at how this technology, initially designed as a collision avoidance system, has recently become involved in debates concerning migration across the Mediterranean Sea. In particular, after having briefly discussed its emergence and characteristics, we examine how through different practices of appropriation AIS, and the data it generate, have been seized upon, (...) both to contest and to sustain the exclusionary nature of borders, and the mass dying of migrants at sea to which it leads. We do so by referring to forms of data activism we have contributed to in the frame of our Forensic Oceanography project as well as to situations in which AIS has been mobilized by xenophobic groups to demand even stronger exclusionary measures. At the same time, we point to the multiplicity of actors who participate in the politics of migration through AIS in unexpected ways. We conclude by highlighting the irreducible ambivalence of practices of appropriation and call for persistent attention to one’s own positioning within the global datascape constituted by AIS and other data. (shrink)

Next SectionPublic and healthcare professionals differ in their attitudes towards euthanasia and physician-assisted suicide (PAS), the legal status of which is currently in the spotlight in the UK. In addition to medical training and experience, religiosity, locus of control and patient characteristics (eg, patient age, pain levels, number of euthanasia requests) are known influencing factors. Previous research tends toward basic designs reporting on attitudes in the context of just one or two potentially influencing factors; we aimed to test the (...) comparative importance of a larger range of variables in a sample of nursing trainees and non-nursing controls. One hundred and fifty-one undergraduate students (early-stage nursing training, late-stage nursing training and non-nursing controls) were approached on a UK university campus and asked to complete a self-report questionnaire. Participants were of mixed gender and were on average 25.5 years old. No significant differences in attitude were found between nursing and non-nursing students. There was a significant positive correlation between higher religiosity and positive attitude toward euthanasia (r=0.19, p<0.05) and a significant negative relationship between internal locus of control and positive attitude toward PAS (r=−0.263, p<0.01). Multivariate analyses revealed differing predictor models for attitudes towards euthanasia and PAS, and confirm the importance of individual differences in determining these attitudes. The unexpected direction of association between religiosity and attitudes may reflect a broader cultural shift in attitudes since earlier research in this area. Furthermore, these findings suggest it possible that experience, more than training itself, may be a bigger influence on attitudinal differences in healthcare professionals. (shrink)

"This article is analysing the legal perspective on whistleblowing, at European and national level, focusing on the scientific studies’ results and theories, emphasizing nuances which worth discussing in order to a better understanding of the social phenomenon and of individual psychological decision process for reporting a wrongdoing or the suspicion of a possible breach. We are also arguing that current whistleblower regulations must take into account both the European directive and recent research in this field, pointing out some question (...) which are raising from the lack of the ethical and cultural focused research of Romanian society perspective on whistleblowing, considering also the recent past experiences of Romanians with ‘political police’ actions in years of communism. We are establishing a few research direction which we conclude that could bring the knowledge to drawing a more relevant and applicable whistleblowing law. Keywords: whistleblower, EU directive, Romanian law, whistleblower protection, normative conduct theories. ". (shrink)

This article starts from the observation that the Belgian level of adaptation to the requirements posed by its membership of the European Union is surprisingly low. Following an institutionalist line of thinking, it is argued that the impact of the European Union is seriously constrained by the characteristics of the Belgian federal system. This results into defining both cultural and structural indicators for the degree of Europeanisation: European opinions and awareness of political elites and the general public and the (...) Belgian domestic organisation of European co-ordination mechanisms. The article more concretely argues that the European opinions and European awareness of the political elites and the public opinion are coloured by an inwards-looking mentality that stems from the dominant focus on the ongoing federalisation process. In addition, it is also found that the limited Europeanised installation and outcomes ofthe European co-ordination mechanisms are at least partly shaped by hard and soft federal elements. (shrink)

Certification for biofuels has been developed to ensure that biofuel production methods adhere to social and environmental sustainability standards. As such, requiring biofuel production to be certified has become part of EU policy through the 2009 renewable energy directive, that aims to promote energy security, reduce emissions and promote rural development. According to the EU RED, in 2020 10 % of our transport energy should come from renewable sources, most of which are expected to be biofuels. In this paper (...) I examine what biofuel certificates are, what they can achieve and what their limitations are. Methodologically, I will evaluate them using the standards of instrumental, practical and communicative rationality. With regard to instrumental rationality, I conclude that the EU RED makes an important but unjustified assumption in demanding certified biofuels for its target: that if biofuel production is sustainable, then biofuel use is too. I also argue that, where the EU assumes that biofuel certification is a sufficient means to achieve the EU RED’s goals, it is at best an insufficient means and at worst not a means at all towards achieving these goals. With regard to practical rationality, I argue that more attention needs to be paid to trade-offs between different goals in the EU RED, particularly with regard to providing investor security and not capping transport energy consumption. With regard to communicative rationality, I argue that the policy-making process of the EU RED has been seriously flawed, and that certification development processes also can improve significantly. (shrink)

Children’s unpleasant experiences with misuse of their personal information online is among the rapidly increasing online ‘risks’. Among these, four were chosen for this study: dealing with their own hacked accounts, dealing with others’ fake accounts, dealing with fake accounts impersonating them and sending rude messages on their behalf with the intent of damaging their reputation, and dealing with receiving rude messages from hacked accounts of friends were reported as most bothersome in EU Kids Online III. These four subtypes of (...) problematic situations related to privacy were strategically chosen to illustrate children’s coping responses to situations that are related but increasingly complex, distinctions related to whether situations involved peers or strangers, whether children were direct victims of hacked accounts, or recipients of unwelcomed or rude messages sent from fake profiles and/or hacked accounts. Furthermore, the four situations were chosen to develop a more inclusive coping typology for EU Kids Online data, which can span across different types of risks. This article relies heavily on theoretical work put forward by research on coping with general and specific stressors but integrates approaches to children’s dealing with online issues relevant for online safety measures. (shrink)