Generally, the testimony of intoxicated witnesses has been considered relatively unreliable, but recent research has nuanced the knowledge base regarding these vulnerable witnesses.PurposeTo demonstrate the application of recent research findings regarding intoxicated witnesses to the statements made by a key witness to the murder of Olof Palme, Sweden's prime minister, in 1986. An additional purpose was to illustrate the use of a nuanced calculation of blood alcohol concentration for researchers.MethodsThe Palme murder has been debated since the crime was committed and (...) no one has yet been sentenced. One of the witnesses was intoxicated and to estimate a range for his BAC at the time, a comprehensive BAC calculation was conducted in this study to illustrate important factors to consider in these types of cases.ResultsThrough the demonstration of the use of a nuanced BAC formula and by applying recent research results from studies on intoxicated witnesses, it was estimated that the possible BAC of the witness in the Palme-case at the time of the witnessed crime ranged between BAC = 0 to BAC = 0.13, depending on the type of alcoholic beverage consumed and whether the witness was a social or heavy drinker. This puts the witness either well within the span of maintained completeness as well as maintained accuracy rate, or slightly exceeding this span into the BAC-range of reduced completeness but maintained accuracy rate. He was questioned immediately, and thereafter repeatedly, and he reported similar information throughout the interviews, which is in line with previous results on information maintenance over repeated interviews among intoxicated witnesses.ConclusionThe current case example shows how recent research on intoxicated witnesses can be applied in praxis, illustrating important factors for legal practitioners to consider when interpreting information from intoxicated witnesses. It also provides legal practitioners and researchers with an example of a structured approach to more nuanced BAC-calculations. (shrink)

In the Gogarene region, the period of peak production of the area’s stone crosses - the mid-sixth century through the seventh - was particularly favorable for local governors. This paper investigates the practice of incorporating real persons into devotional images, focusing on many depictions of local personages included in Gogarene crosses’ pictorial compositions amid biblical scenes, with local saints, and in symbolic imagery. The desired effect of this practice was to guarantee the commemoration of these persons in prayers said before (...) the crosses. In the case of the cross at Mtskheta, comparison between the Georgian Lectionary’s content and information surrounding the stational liturgy of Jerusalem confirms that, besides prayers, biblical texts were also read before such crosses. (shrink)

Nurses are encountering an increasing number of ethical dilemmas in clinical practice. Ethics courses for baccalaureate nursing students provide the opportunity for the development of critical thinking skills in order to deal with these effectively. The purpose of this descriptive qualitative study was to describe ethical reasoning in 70 baccalaureate nursing students enrolled in a nursing ethics course. Reflective clinical journals were analyzed as appropriate for qualitative inquiry. The overriding theme emerging from the data was `in the process of becoming', (...) which includes: practicing as a professional, lacking the confidence as a student nurse to take an ethical stand, advocating for patients, being just in the provision of care, identifying the spiritual dimensions of nursing practice, confronting the `real world' of health care, making a commitment to practice with integrity, and caring enough to care. The development of critical thinking and ethical reasoning within the framework of knowing and connecting is essential in nursing education. (shrink)

This paper delves into the nature of intellectual property rights in aesthetic creations, particularly works of visual art and literary works. The discussion focuses on copyrights interests, but there are also implications for trademark and patent rights. The argument assumes a fairly conventional definition of "property," namely, the set of legal relations between the owner and all other persons relating to the use, enjoyment and disposition of a tangible thing. The problem with such a definition as applied to aesthetic creations (...) is that no ordinary tangible thing necessarily embodies a creation which can exist in multiple copies, so the paper takes the transcendent view that the tangible thing subject to legal relations is the entire terra firma or material universe being shaped in the image, sounds or words of the aesthetic creation. Therefore, the paradigm suggested for intellectual property is a monopoly on shaping the entire physical universe, thus the Worldmaking concept. It then follows that intellectual property in an aesthetic creation enables the owner to stop plagiarists from using any part of the material world to recreate in the audience the imaginative experiences first created by the protected work. (shrink)

Trademarks are not just property; they are aesthetic creations that pervade everyday experience. As pervasive aesthetic creations having literary, pictorial, graphic, sculptural, and musical content, trademarks deserve aesthetic analysis. So this paper discusses the origins, strength, appeal, and effectiveness of trademarks within the context of aesthetic considerations such as meaning, intention, authorship, and mode of creation. Also reviewed are morphemic and phonemic analysis of trademarks, semantic positioning, the dichotomy between creation and discovery of trademarks, and the differences between trademarks and (...) titles. The discussion is confined to "word marks" consisting of alphanumeric characters because discussing other kinds of marks (such as designs, configurations, sounds, colors, and scents) would raise issues well beyond the scope of a single article. (shrink)

After describing a constantly changing aesthetic environment in which artistic and architectural works are created and destroyed, this paper asks how legal judgments are made to preserve such works. Specifically the paper addresses legal standards for art preservation such as "recognized quality," "serious artistic value," and "historic, artistic or aesthetic interest." The discussion surveys many of the laws which require "quality" in art, the court opinions which interpret these laws and legal standards, the rules of evidence, and suggestions for how (...) to make legal decisions about art preservation in an age whose motto may become ars brevis, vita longa. (shrink)

This paper outlines how the law has defined art and addressed problems in aesthetics. The discussion shows how the law examines the physical, temporal, and perceptual characteristics of works of art and their manner of creation to determine which works will be legally recognized and protected. The paper also discusses differentiations between various kinds of creations, including art, ornament, design, and craft. Besides outlining how the law judges art, the paper assesses the limitations of legal incursions into aesthetics. The analysis (...) is primarily based on UK law. (shrink)

Part I of this article advances a new theory of humor, the Enlightenment Theory, while contrasting it with other main theories, including the Incongruity, Repression/Relief/Release, and Superiority Theories. The Enlightenment Theory does not contradict these other theories but rather subsumes them. As argued, each of the other theories cannot account for all the aspects of humor explained by the Enlightenment Theory. The discussion is illustrated with examples of humor and explores the acts and circumstances of humor, its literary and artistic (...) expressions, and its physical reactions. Part II shows how the Enlightenment Theory meets challenging issues in humor theory where other theories sometimes falter, including issues such as failed humor, motivation for humor, tickling, laughing gas, and sadistic humor. Also mentioned are literary and musical humor and the relationship of wit to humor. (shrink)

Part I of this article advanced a new theory of humor, the Enlightenment Theory, while contrasting it with other main theories, including the Incongruity, Repression/Relief/Release, and Superiority Theories. The Enlightenment Theory does not contradict these other theories but rather subsumes them. As argued, each of the other theories cannot account for all the aspects of humor explained by the Enlightenment Theory. Part II shows how the Enlightenment Theory meets challenging issues in humor theory where other theories falter, including failed humor, (...) motivation for humor, tickling, laughing gas, and sadistic humor. Also mentioned are the Enlightenment Theory's application to literary and musical humor and the relationship of wit to humor. -/- . (shrink)

This book presents the “pleasure phenomenon” as the most important factor in individual and socio-cultural development. This study emphasizes the necessity of transformation of marketing in the 21st Century which would shift the focus from seeking pleasure to controlling desires in a way that would benefit self and society.

Name der Zeitschrift: Klio Jahrgang: 97 Heft: 1 Seiten: 398-401.

BackgroundEthics review is the process of assessing the ethics of research involving humans. The Ethics Review Committee (ERC) is the key oversight mechanism designated to ensure ethics review. Whether or not this governance mechanism is still fit for purpose in the data-driven research context remains a debated issue among research ethics experts.Main textIn this article, we seek to address this issue in a twofold manner. First, we review the strengths and weaknesses of ERCs in ensuring ethical oversight. Second, we map (...) these strengths and weaknesses onto specific challenges raised by big data research. We distinguish two categories of potential weakness. The first category concerns persistent weaknesses, i.e., those which are not specific to big data research, but may be exacerbated by it. The second category concerns novel weaknesses, i.e., those which are created by and inherent to big data projects. Within this second category, we further distinguish between purview weaknesses related to the ERC’s scope (e.g., how big data projects may evade ERC review) and functional weaknesses, related to the ERC’s way of operating. Based on this analysis, we propose reforms aimed at improving the oversight capacity of ERCs in the era of big data science.ConclusionsWe believe the oversight mechanism could benefit from these reforms because they will help to overcome data-intensive research challenges and consequently benefit research at large. (shrink)

Name der Zeitschrift: Klio Jahrgang: 98 Heft: 1 Seiten: 389-393.