The Toulmin model has been proved useful in law and argumentation theory. This model describes the basic process in justifying a claim, which comprises six elements, i.e., claim (C), data (D), warrant (W), backing (B), qualifier (Q), and rebuttal (R). Specifically, in justifying a claim, one must put forward ‘data’ and a ‘warrant’, whereas the latter is authorized by ‘backing’. The force of the ‘claim’ being justified is represented by the ‘qualifier’, and the condition under which the claim cannot be (...) justified is represented as the ‘rebuttal’. To further improve the model, (Goodnight, Informal Logic 15:41–52, 1993) points out that the selection of a backing needs justification, which he calls legitimation justification. However, how such justification is constituted has not yet been clarified. To identify legitimation justification, we separate it into two parts. One justifies a backing’s eligibility (legitimation justification 1 ; LJ 1 ); the other justifies its superiority over other eligible backings (legitimation justification 2 ; LJ 2 ). In this paper, we focus on LJ 1 and apply it to the legal justification (of judgements) in hard cases for illustration purposes. We submit that LJ 1 refers to the justification of the legal interpretation of a norm by its backing, which can be further separated into several orderable subjustifications. Taking the subjustification of a norm’s existence as an example, we show how it would be influenced by different positions in the philosophy of law. Taking the position of the theory of natural law, such subjustification is presented and evaluated. This paper aims not only to inform ongoing theoretical efforts to apply the Toulmin model in the legal field, but it also seeks to clarify the process in the justification of legal judgments in hard cases. It also offers background information for the possible construction of related AI systems. In our future work, LJ 2 and other subjustifications of LJ 1 will be discussed. (shrink)

Motivated by the developments in contemporary mathematical physics and the related interpretive and historiographical works on these developments, a structuralist and historically constitutive and constructive approach to scientific realism (SHASR) is proposed to address the challenges Thomas Kuhn raised against scientific realism, and to remove the defects of the currently available dissatisfactory responses the structuralists put forward to the challenges. The paper shows that SHASR productively exploits the insights from both Kuhn’s historicism and his critics’ structuralism, while avoids the traps (...) in both traditions. Then, after a brief comparison between SHASR and the increasingly popular neo-Kantian post-Kuhnian philosophy of science recommended and defended by Michael Freedman and some others, it concludes with a big picture about the science-world relationship derived from the notion of emergence conceptualized within the framework of SHASR, whose bearings on the Kantian question of the phenomenal - noumenal relationship are worth further explorations. (shrink)

This paper proposes a new system whose potential function is with three types of asymmetric potential wells, driven by trichotomous noise. Firstly, the three types of asymmetric bistable system are described in detail, and the changes of asymmetric bistable system potential function under different asymmetric factors are analyzed. Secondly, the effect of potential function parameters, asymmetric factorα, noise intensity D, and the probability of particle transition q is discussed, using numerical simulation. The detection effects of traditional symmetric SR and three (...) types of asymmetric SR are observed and compared under the driving of trichotomous noise and periodic signals. The mean of signal-to-noise ratio gain is the indicator of the system's effectiveness on enhancing weak signal. The results indicate that it can make the detection effect of the asymmetric system better than that of the traditional bistable system by adjusting the parameters of the asymmetric stochastic resonance system and trichotomous noise. (shrink)

Variable responses to transcranial direct current stimulation protocols across individuals are widely reported, but the reasons behind this variation are unclear. This includes tDCS protocols meant to improve attention. Attentional control is impacted by top-down and bottom-up processes, and this relationship is affected by state characteristics such as anxiety. According to Attentional Control Theory, anxiety biases attention towards bottom-up and stimulus-driven processing. The goal of this study was to explore the extent to which differences in state anxiety and related measures (...) affect visual attention and category learning, both with and without the influence of tDCS. Using discovery learning, participants were trained to classify pictures of European streets into two categories while receiving 30 min of 2.0 mA anodal, cathodal, or sham tDCS over the rVLPFC. The pictures were classifiable according to two separate rules, one stimulus and one hypothesis-driven. The Remote Associates Test, Profile of Mood States, and Attention Networks Task were used to understand the effects of individual differences at baseline on subsequent tDCS-mediated learning. Multinomial logistic regression was fit to predict rule learning based on the baseline measures, with subjects classified according to whether they used the stimulus-driven or hypothesis-driven rule to classify the pictures. The overall model showed a classification accuracy of 74.1%. The type of tDCS stimulation applied, attentional orienting score, and self-reported mood were significant predictors of different categories of rule learning. These results indicate that anxiety can influence the quality of subjects’ attention at the onset of the task and that these attentional differences can influence tDCS-mediated category learning during the rapid assessment of visual scenes. These findings have implications for understanding the complex interactions that give rise to the variability in response to tDCS. (shrink)

In this study, we examine the nature of the relationship between ethical leadership and unethical pro-organizational behavior (UPB), defined as unethical behavior conducted by employees with the aim of benefiting their organization, and whether the strength of the relationship differs between subordinates experiencing high and low identification with supervisor. Based on three-wave survey data obtained from 239 public sector employees in China, we find that ethical leadership has an inverted u-shaped (curvilinear) relationship with UPB. As the level of ethical leadership (...) increases from low to moderate, UPB increases; as the level of ethical leadership increases from moderate to high, UPB decreases. Further, we find that the strength of this inverted u-curve relationship differs between subordinates with high and low identification with supervisor. That is to say, the inverted u-shaped relationship between ethical leadership and UPB was stronger when subordinates experienced high levels of identification with supervisor. The theoretical and managerial implications of our findings for understanding how to manage UPB in an organizational context are discussed. (shrink)

Nanotechnology shows great promise in a variety of applications with attractive economic and societal benefits. However, societal issues associated with nanotechnology are still a concern to the general public. While numerous technological advancements in nanotechnology have been achieved over the past decade, research into the broader societal issues of nanotechnology is still in its early phases. Based on the data from the Web of Science database, we applied the main path analysis, cluster analysis and text mining tools to explore the (...) main research fronts and hierarchical structure of these societal issues. We found that the research studies fell into four categories: "General Toxicity and EHS (Environment, Health and Safety)," "Medicine and Cytotoxicity," "Assessment and Regulation," and "Environment and Ecotoxicity." These research studies have disclosed much information about the potential effect of nanotechnology on public health and the environment. Relatively speaking, the studies on the assessment, regulation, preventive solutions, and environmental protection are just emerging. This finding indicates that an abundance of effort should be conducted on these emerging themes to maximize the benefits of nanotechnology while minimizing its potential harm. The implications for various parties in this domain are also presented. (shrink)

Firearm injuries are a significant public health problem. Prior studies have analyzed firearm death data or adult firearm injury data, but few studies have analyzed firearm injury data specifically among youth. To inform the current debate surrounding gun policy in the United States, this study aims to provide an estimate of the immense burden of youth firearm injury and its associated risk factors. Therefore, we performed a descriptive analysis of the Nationwide Emergency Department Sample, the largest all-payer emergency department database (...) in the United States, from January 2006 to September 2015. All patients age < 21 who presented with any diagnosis of firearm-related injuries were included. There were an estimated 198,839 incidents of firearm-related emergency department visits for patients age < 21 from 2006 through 2015. After presenting to the ED, an estimated 11,909 cases resulted in death. The population adjusted rate of firearm-related emergency department visits was highest in the South and Midwest. This study demonstrates the significant burden of firearm injury among youth. Having a reliable estimate of the number of children harmed by firearms each year is a critical tool for policymakers — and may make common-sense gun safety measures more politically possible. (shrink)

Stylometry can be defined as the use of numerical methods for the solution of literary problems, most often problems of authorship, integrity, and chronology. As stylometry has been described it seems hardly more than the application of common sense to a literary situation. For example: It consists in collecting as many peculiarities of style and grammar as possible from these works [the dialogues of Plato], particularly the Laws, which are known, or for good reasons supposed to belong to the author's (...) latest period, and observing the frequency with which these occur in other dialogues. If it is then found, e.g., that one dialogue uses commonly 100 of these, another but 60, it is reasonable to suppose the former to be nearer in time to the Laws, i.e. later. (shrink)

Stylometry can be defined as the use of numerical methods for the solution of literary problems, most often problems of authorship, integrity, and chronology. As stylometry has been described it seems hardly more than the application of common sense to a literary situation. For example: It consists in collecting as many peculiarities of style and grammar as possible from these works [the dialogues of Plato], particularly the Laws, which are known, or for good reasons supposed to belong to the author's (...) latest period, and observing the frequency with which these occur in other dialogues. If it is then found, e.g., that one dialogue uses commonly 100 of these, another but 60, it is reasonable to suppose the former to be nearer in time to the Laws, i.e. later. (shrink)

Conventional and well-established guidelines for the ethical conduct of clinical research are necessary but not sufficient for addressing research dilemmas related to public health research. There is a particular need for a public health ethics framework when, in the face of an epidemic, research is urgently needed to promote the common good. While there is limited experience in the use of a public health ethics framework, the value and potential of such an approach is increasingly being appreciated. Here we use (...) two examples of adolescent women as potential candidates for participation in microbicide trials to illustrate how ethical decisions for public health research can be enhanced by drawing on both traditional research ethics guidance, and the emerging framework for public health ethics. (shrink)

Atomic-scale computer simulation has been used to study the thermally activated atomic transport of self-interstitial atoms in the form of planar clusters in pure Cu and f -Fe. There is strong evidence that such clusters are commonly formed in metals during irradiation with high-energy particles and play an important role in accumulation and spatial distribution of surviving defects. An extensive study of the mobility of SIA clusters containing two to 331 interstitials has been carried out using the molecular dynamics simulation (...) technique for the temperature range from 180 to 1200 K. The results obtained show that clusters larger than three to four SIAs are one-dimensionally mobile in both Cu and Fe. Large clusters of more than 100 SIAs in Cu and 300 SIAs in Fe have significantly reduced mobility. The problem of describing one-dimensional motion in three-dimensional space is discussed. An attempt is made to describe the mobility of SIA clusters within the approximation of 1D diffusion. For clusters in both metals the effective migration energy of 1D diffusion as estimated via the jump frequency of the cluster centre of mass is found to be independent of the number of SIAs in the clusters, although the cluster jump frequency decreases with increasing cluster size. Mechanisms of 1D mobility of interstitial clusters are discussed. (shrink)

Collection of Hadith (Islamic tradition) with commentry on the teachings and responsibilities of a Muslim in a Islamic society.