Cranston argued that scarcity makes universal welfare rights impossible. After showing that this argument cannot be avoided by denying scarcity, I consider four challenges to the argument which accept the possibility of conflicts between the duties implied by rights. The first denies the agglomeration principle; the second embraces conflicts of duties; the third affirms the violability of all rights-based duties; and the fourth denies that duties to compensate are overriding. I argue that all four challenges to the (...) scarcity argument are unsuccessful. I then discuss Eddy’s recent challenge, which makes welfare rights context dependent, but I argue that this also fails because it makes rights unknowable. I conclude that the scarcity argument, restated in the light of the discussion, shows that universal welfare rights, as ordinarily understood, are impossible and I explain the philosophical and practical significance of this conclusion. (shrink)
The rationalization of context-based choice is usually based on the assumption that preferences are context-dependent. In this paper, we show that context-based choice can be due to the characteristics of the choice procedure applied by the individual and not to the dependence of preferences (stochastic or deterministic) on the context. Our arguments are illustrated focusing on the much-studied dominated-alternative effects.
In this article, I outline a framework for the sociological study of culture that connects three intertwined elements of human culture and demonstrates the concrete contexts under which each most critically influences actions and their subsequent outcomes. In contrast to models that cast motivations, resources, and meanings as competing explanations of how culture affects action, I argue that these are fundamental constituent elements of culture that are inseparable, interdependent, and simultaneously operative. Which element provides the strongest link to action, and (...) how this link operates, must be understood as a function of the actor's position within wider social contexts. I argue that on average motivations have the most discernable link to action within a social strata, cultural resources provide the strongest link across strata, and meanings have the greatest direct influence when codified and sanctioned. I then offer a reframing and synthesis that reintegrates previously “competing” theories of culture into a more holistic context-dependent model of culture in action. Finally, I use evidence from prior empirical research, as well as new data from an ongoing ethnographic study of health behaviors among the aged, to show how various elements of culture are concretely linked to action in eight different social contexts. In doing so, I provide a roadmap for the transition out of the “either-or” logic underlying much of cultural theory and reemphasize the importance of the classical sociological concern for “when” and “how” various aspects of culture influence action and outcomes in concrete social contexts. (shrink)
Object identification via a perceptual-demonstrative mode of presentation has been studied in cognitive science as a particularly direct and context-dependent means of identifying objects. Several recent works in cognitive science have attempted to clarify the relation between attention, demonstrative identification and context exploration. Assuming a distinction between ‘ demonstrative reference' and ‘perceptual-demonstrative identification', this article aims at specifying the role of attention in the latter and in the linking of conceptual and non conceptual contents while exploring a spatial context. (...) First, the analysis presents an argument to the effect that selection by overt and covert attention is needed for perceptual-demonstrative identification since overt/covert selective attention is required for the situated cognitive access to the target object. Second, it describes a hypothesis that makes explicit some of the roles of attention: the hypothesis of identification by epistemic attention via the control of perceptual routines. (shrink)
There exist several phenomena breaking the classical probability laws. The systems related to such phenomena are context-dependent, so that they are adaptive to other systems. In this paper, we present a new mathematical formalism to compute the joint probability distribution for two event-systems by using concepts of the adaptive dynamics and quantum information theory, e.g., quantum channels and liftings. In physics the basic example of the context-dependent phenomena is the famous double-slit experiment. Recently similar examples have been found (...) in biological and psychological sciences. Our approach is an extension of traditional quantum probability theory, and it is general enough to describe aforementioned contextual phenomena outside of quantum physics. (shrink)
Our visual systems account for stimulus context in brightness perception, but whether such adjustments occur for stimuli that we are unaware of has not been established. We therefore assessed whether stimulus context influences brightness processing by measuring unconscious priming with metacontrast masking. When a middle-gray disk was presented on a darker background, such that it could be consciously perceived as brighter via simultaneous brightness contrast , reaction times were significantly faster to a bright annulus than to a dark annulus. We (...) further show that context-dependent brightness priming does not correlate with visibility using an objective measure of awareness and that context-dependent, but not context-independent brightness priming, occurs equally strongly for stimuli below or above the subjective threshold for awareness . These results suggest that SBC occurs at early levels of visual input and is not influenced by conscious perception. (shrink)
This paper argues that truth is by nature context-dependent – that no truth can be applied regardless of context. I call this “strong contextualism”. Some objections to this are considered and rejected, principally: that there are universal truths given to us by physics, logic and mathematics; and that claiming “no truths are universal” is self-defeating. Two “models” of truth are suggested to indicate that strong contextualism is coherent. It is suggested that some of the utility of the “universal framework” (...) can be recovered via a more limited “third person viewpoint”. Keywords: philosophy, universality, context, truth, knowledge. (shrink)
This study explored the influence of the context-dependent effect of mood as well as individual differences in neuroticism and action vs. state/volatility orientation on predecisional processing in a multiattribute choice task. One hundred and twenty participants acquired information about choice options after filling out personality questionnaires. Results showed that participants in a positive mood processed the information longer in enjoy than in done-enough context. In turn, participants in a negative mood processed the information more selectively in enjoy than in (...) done-enough context. It also appeared that this effect is reinforced for participants with low neuroticism and volatility orientation, while it is weakened for those with low neuroticism and action orientation. Results were interpreted in accordance with the differential-processual approach. (shrink)
Context-dependent rules are an obstacle to cut elimination. Turning to a generalised sequent style formulation using deep inferences is helpful, and for the calculus presented here it is essential. Cut elimination is shown for a substructural, multiplicative, pure propositional calculus. Moreover we consider the extra problems induced by non-logical axioms and extend the results to additive connectives and quantifiers.
We argue that mathematical knowledge is context dependent. Our main argument is that on pain of distorting mathematical practice, one must analyse the notion of having available a proof, which supplies justification in mathematics, in a context dependent way.
Schyns et al. make a strong case for context-dependent feature discovery. The features computed from specialized and diverse data-sets help to coordinate their activity by adapting so as to emphasize what is related across sets. Their perspective can be strengthened and extended by formal arguments for the contextual guidance of learning and processing and by neurobiological and psychological evidence of structures and processes that implement this guidance.
Based on the premise that what is relevant, consistent, or true may change from context to context, a formal framework of relevance and context is proposed in which • contexts are mathematical entities • each context has its own language with relevant implication • the languages of distinct contexts are connected by embeddings • inter-context deduction is supported by bridge rules • databases are sets of formulae tagged with deductive histories and the contexts they belong to • abduction and revision (...) are supported by a notion of consistency of formulae and sets of formulae which are relative to a context, and which can, in turn, be seen as constituents of agendas. (shrink)
Within liberal democratic theory, ‘democratic accountability’ denotes an aggregative method for linking political decisions to citizens’ preferences through representative institutions. Could such a notion be transferred to the global context of human rights? Various obstacles seem to block such a transfer: there are no ‘world citizens’ as such; many people in need of human rights are not citizens of constitutional democratic states; and the aggregative methods that are supposed to sustain the link are often used in favour of (...) nation-state strategic action rather than human rights. So what could accountability mean in relation to human rights? This article argues that discourse theory offers resources for approaching these problems and for rethinking a normative notion of accountability in relation to human rights. It is suggested that accountability should link political decisions to universal agreements through global rights institutions and that the link should be sustained by deliberative rather than aggregative procedures. (shrink)
The paper discusses the context, substance and likely implications of the European Court of Human Rights’ very recent but, in our view, historic decision in the case of Lautsi v. Italy. The article offers an outline of the case and of the decision’s motivation, a presentation of the responses, and a brief discussion of its relevance to the similar Romanian case. We examine in some detail the objections leveled against the ruling, track the progress of the Court’s relevant jurisprudence (...) on the issue, and suggest some possible consequences. (shrink)
A member of Jehovah’s Witnesses agreed to receive blood when alone, but rejected it once the elders were present. She insisted that the elders should stay, they were allowed to do so, and she bled to death. Was it all right to allow her to have the elders present when she made her final decision? Was it all right to allow her to bleed to death? It was, according to an anti-paternalist principle, which I have earlier defended on purely utilitarian (...) grounds. The thrust of the present argument is that the principle stands even in cases with context-sensitive preferences. However, my utilitarian argument to this effect must now rely on something other than J.S. Mill’s standard presumption that in most cases the individual makes the right choices for herself. A reference to the general trust in the system of healthcare is essential to the utilitarian defense of the anti-paternalistic principle. (shrink)
Selection theory requires multiple, simultaneously-actualized states. In cognition, each thought changes the “selection pressure” against which the next is evaluated; they are not simultaneously selected amongst. Cognitive change occurs not through selection among discrete “neural configurations,” but through interaction between conceptual web and context. This introduces a non-Kolmogorovian probability distribution, hence a classical formalism (e.g., selection theory) cannot be used.
We argue that are no such things as literal categories in human cognition. Instead, we argue that there are merely temporary coalescences of dimensions of similarity, which are brought together by context in order to create the similarity structure in mental representations appropriate for the task at hand. Fodor contends that context‐sensitive cognition cannot be realised by current computational theories of mind. We address this challenge by describing a simple computational implementation that exhibits internal knowledge representations whose similarity structure alters (...) fluidly depending on context. We explicate the processing properties that support this function and illustrate with two more complex models, one applied to the development of semantic knowledge , the second to the processing of simple metaphorical comparisons . The models firstly demonstrate how phenomena that seem problematic for literal categorisation resolve to particular cases of the contextual modulation of mental representations; and secondly prompt a new perspective on the relation between language and thought: language affords the strategic control of context on semantic knowledge, allowing information to be brought to bear in a given situation that might otherwise not be available to influence processing. This may explain one way in which human thought is creative, and distinctive from animal cognition. (shrink)
Advance directives are not a part of the healthcare service in Turkey. This may be related with the fact that paternalism is common among the healthcare professionals in the country, and patients are not yet integrated in the decision-making process adequately. However, starting from the enactment of the Regulation of Patient Rights in 1998, this situation started to change. While the paternalist tradition still appears to be strong in Turkey, the Ministry of Health has been taking concrete measures in (...) the recent years to ensure that patient rights are implemented in healthcare practice. Therefore, Turkey now seems to be in a transitional period where a move towards a more patient-autonomy centred approach is being supported by the regulatory authorities, as well as the academic circles and the public at large. In the light of this background, this paper aims to examine the potential benefits of advance directives, particularly with regard to their possible effect in the clinical decision-making process of Turkey's context. It will be argued that advance directives, if correctly understood and implemented in the right settings, may be beneficial, particularly for improving communication between patients and healthcare professionals and for implementing of the right to refuse treatment. (shrink)
This paper examines how international law contributes to contemporary understandings of transitional justice with respect to reparations for victims of gross and systematic human rights abuses. The author surveys the jurisprudence of the Inter-American Court of Human Rights through 2003 to determine how the Court’s practice can be used to guide the formulation of reparatory policies during political transition. Recognizing that the direct application of Inter-American case law to situations of mass atrocity is not always viable in practice, (...) the author analyzes regional human rights jurisprudence, particularly that relating to compensation, to determine what role the Court’s rules can and cannot play as a reference for policymakers and societies faced with the challenge of designing a reparations program. He concludes that while landmark Court decisions like Velásquez Rodríguez provide general normative guidance, there are significant obstacles to extending to the transitional justice context many of the measures, amounts, and formulas relied upon by the Court in awarding compensation. The fairness of compensation outside the courtroom cannot be determined with reference to predetermined rules, but depends on the factual context in which the measures are adopted including the number of victims involved. A better source of comparative inspiration is found in the Court’s growing practice of adopting non-monetary reparations measures to deal with moral harm. (shrink)
With the arrival of another wave of “boat people” to Australian waters in late 2009, issues of human rights of asylum seekers and refugees once again became a major feature of the political landscape. Claims of “queue jumping” were made, particularly by some sections of the media, and they may seem populist, but they are also ironic, given the protracted efforts on the part of the federal government to stymie any orderly appeals process, largely through resort to “privative clauses”. (...) Such clauses demonstrate the many ways in which human rights of those seeking asylum in far-off lands and are potential future immigrants, who often lack much-touted needed papers, yet who are for the most part genuine refugees, are subject to the slings and arrows of political fortune (and misfortune). Approaching the courts if treated unfairly or seeking a further decision as to your fate would seem one of the fundamental premises of human rights. Yet privative clauses—or attempts to ouster the jurisdiction of the courts and to insulate decisions from appeal—have become an increasingly frequent feature of the Australian migration legislation. With a seemingly watertight federal constitutional power set in stone since 1901, to deal with migration and aliens, and without the tempered contemporary update of a federal Bill of Rights, the Australian federal government has been able to narrow the grounds of judicial review in those contexts. We argue that the concerted efforts to deny such fundamental rights of appeal to those most in need of the full armoury of the protection of the law in a modern, affluent democracy, constitutes both a breach of their human rights and a breach of core constitutional principles such as separation of powers. Those principles may not be formally articulated in the text of the Australian Constitution, but in our view they are implicit in the constitutional arrangements, and hence we can conclude with the arguments of former Justice of the High Court of Australia, Michael Kirby, who asked—to whom does sovereignty truly belong? (shrink)
Objectives: The aim of this study is to evaluate the views of cancer patients on patient rights in the context of the right to information and autonomy according to articles related to the issue in the “Patient Rights Regulation”. Methods: The research was conducted among cancer patients in the medical oncology department of a research and practice hospital using a random sampling method between June and September 2005. Data were collected during face-to-face interviews using a questionnaire. Results: There (...) was a high rate of positive response to the items that the patients have the right to be informed (86.5%), that the physician should inform the patient on the diagnosis and the treatment (92.3%) and that the physician is obliged to inform the patient (76.9%). Only 43.3% of the patients stated that the patient has the right to refuse the treatment recommended by the physician. The participants mostly agreed that the patient should participate in decisions about the treatment and that patient consent should be given (78.8%). Conclusions: There are extensive efforts in Turkey towards making patient rights a significant supportive component of health services. For patient rights to become a natural part of medical practice it is necessary to give priority to education of both patients and physicians about patient rights and to lay emphasis on an ethical approach in the patient–physician relationship. (shrink)
Biobanks are an important resource for medical research. Genetic research on biological material from minors can yield valuable information that can improve our understanding of genetic–environmental interactions and the genesis and development of early onset genetic disorders. The major ethical concerns relating to biobanks concern consent, privacy, confidentiality, commercialisation, and the right to know or not to know. However, research on paediatric data raises specific governance and ethical questions with regard to consent and privacy. We have considered the Italian normative (...) context focusing on what is mentioned in each document on the ethical and legal requirements that guarantee the rights of minors. We found out that there is no systematic reflection on the ethical and policy issues arising from the participation of minors in biobank research. Moreover, we have focused on the same aspects for the new Italian Law on the National Forensic Biobank. (shrink)
El trabajo presenta aspectos que permiten la conceptualización del enfoque del Derecho para el abordaje de la niñez y la adolescencia en el contexto chileno. A través del análisis de la evidencia existente en la literatura, se tratan aspectos bio-psico-sociales y legales que admiten la validación del niño como sujeto de derecho. Se hace especial hincapié en el análisis de los principios rectores de la Convención sobre los Derechos del Niño para la preparación hacia los próximos desafíos en el trabajo (...) con niños y adolescentes. This paper presents aspects that allow the conceptualization of the rights-based approach to childhood and adolescence in the Chilean context. Through the analysis of existing evidence in the literature, the bio-psycho-social and legal aspects that support the validation of children as subjects of law are dealt with. Special emphasis is given to the analysis of the guiding principles of the UNICEF´s Convention on the Rights of the Child in preparation for the forthcoming challenges in the work with children and adolescents in Chile. (shrink)
ABSTRACTAdvance directives are not a part of the healthcare service in Turkey. This may be related with the fact that paternalism is common among the healthcare professionals in the country, and patients are not yet integrated in the decision‐making process adequately.However, starting from the enactment of the Regulation of Patient Rights in 1998, this situation started to change. While the paternalist tradition still appears to be strong in Turkey, the Ministry of Health has been taking concrete measures in the (...) recent years to ensure that patient rights are implemented in healthcare practice. Therefore, Turkey now seems to be in a transitional period where a move towards a more patient‐autonomy centred approach is being supported by the regulatory authorities, as well as the academic circles and the public at large. In the light of this background, this paper aims to examine the potential benefits of advance directives, particularly with regard to their possible effect in the clinical decision‐making process of Turkey's context. It will be argued that advance directives, if correctly understood and implemented in the right settings, may be beneficial, particularly for improving communication between patients and healthcare professionals and for implementing of the right to refuse treatment. (shrink)
The usefulness of contextually guided processors is investigated a little further. A more general use for binding V1 cell responses than the one in Phillips & Singer's target article is proposed, which takes into account that strong responses of these cells can mean more than the presence of lines and edges. The possibility of different grouping depending on the activities of neighboring cells is essential to the approach.
In Hegel's Critique of Liberalism , Steven B. Smith examines Hegel's critique of rights-based liberalism and its relevance to contemporary political concerns. Smith argues that Hegel reformulated classic liberalism, preserving what was of value while rendering it more attentive to the dynamics of human history and the developmental structure of the moral personality. Hegel's goal, Smith suggests, was to find a way of incorporating both the ancient emphasis on the dignity and even architectonic character of political life with the (...) modern concern for freedom, rights, and mutual recognition. Smith's insightful analysis reveals Hegel's relevance not only to contemporary political philosophers concerned with normative issues of liberal theory but also to political scientists who have urged a revival of the state as a central concept of political inquiry. (shrink)
The concept of privacy as a basic human right which has to be protected by law is a recently adopted concept in Thailand, as the protection of human rights was only legally recognized by the National Human Rights Act in 1999. Moreover, along with other drafted legislation on computer crime, the law on privacy protection has not yet been enacted. The political reform and the influences of globalization have speeded up the process of westernization of the urban, educated (...) middle-class professionals. However, the strength of traditional Thai culture means that a mass awareness of the concept of privacy rights remains scarce. This paper explicates the Thai cultural perspective on privacy and discusses the influence of Buddhism on privacy rights, including the impacts of globalization and the influence of Western values on the country’s political and legal developments. The paper also discusses the legal provisions regarding privacy protection, and the debates on the smart ID cards policy and SIM cards registration for national security. (shrink)