The right to ‘domestic remedies’, which ideally connects ‘subsidiarity’ and ‘embeddedness’ of the ECHR in the legal systems of member States, is deemed to play a crucial role for the Strasbourg machinery survival as well as for an effective protection of human rights, especially in the field of the ‘reasonable-time’ requirement. In this respect the Italian case seems an excellent test. Once a compensatory remedy was introduced in the Italian legal system by Law No. 80 of 2001 (the ‘Pinto Act’), (...) it soon appeared that such a remedy could be considered ‘effective’ in so far as it was implemented in accordance with the ECtHR’s jurisprudence. Therefore a legal tool for the interaction between ECtHR and Italian courts had to be found. Nevertheless, the results of this interaction might suggest that the domestic remedy has neither increased the protection of the reasonable-time requirement in Italy nor is it the final solution to the ECtHR’s overload. (shrink)

There are indications that simple reaction time might have slowed in Western countries, based on both cohort- and multi-study comparisons. A possible limitation of the latter method in particular is measurement error stemming from methods variance, which results from the fact that instruments and experimental conditions change over time and between studies. We therefore set out to measure the simple auditory reaction time (SRT) of 7,081 individuals (2,997 males and 4,084 females) born in Sweden 1959-1985 (subjects were aged between 27 (...) and 54 years at time of measurement). Depending on cut-offs and adjustment for ageing related slowing on SRT, the data suggest that SRT has increased between 3 and 16 ms in the 27 birth years covered in the present sample. The slowing is unlikely to be explained by attrition, as evaluated by comparing the general intelligence × birth-year interactions and standard deviations for both male participants and dropouts, utilizing military conscript cognitive ability data. The present result is consistent with previous studies employing alternative methods, and may result from several synergistic factors, such as possible recent micro-evolutionary trends favouring lower g in Sweden and the effects of industrially produced neurotoxic substances on peripheral nerve conduction velocity. (shrink)

Part of the educational system in England has been geared towards the preparation of particular professions, while the identity and status of members of some professions have depended significantly on the general education they have received. Originally published in 1973, this volume explores the interaction between education and the professions. It also looks at the education of the main professions in sixteenth century England and at how twentieth century university teaching is a key profession for the training of new (...) recruits to other professions. (shrink)

Bullying often results in negative coping in victims, including an increased consumption of alcohol. Recently, however, an increase in alcohol use has also been reported among perpetrators of bullying. The factors triggering this pattern are still unclear. We investigated the role of empathy in the interaction between bullying and alcohol use in an adolescent sample (IMAGEN) at age 13.97 (±0.53) years (baseline (BL), N = 2165, 50.9% female) and age 16.51 (±0.61) years (follow-up 1 (FU1), N = 1185, 54.9% (...) female). General empathic distress served as a significant moderator of alcohol use in perpetrators (F9, 493 = 17.978, p < 0.01), which was specific for males and FU1. Male perpetrators, who are generally less sensitive to distress, might thus be more vulnerable to alcohol abuse. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Convention for Protection of Human Rights and Dignity of the Human Being with Regard to the Application of Biology and Biomedicine: Convention on Human Rights and BiomedicineCouncil of EuropePreambleThe Member States of the Council of Europe, the other States and the European Community signatories hereto,Bearing in mind the Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations on 10 December 1948;Bearing in mind the (...) Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950;Bearing in mind the European Social Charter of 18 October 1961;Bearing in mind the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights of 16 December 1966;Bearing in mind the Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data of 28 January 1981;Bearing also in mind the Convention on the Rights of the Child of 20 November 1989;Considering that the aim of the Council of Europe is the achievement of a greater unity between its members and that one of the methods by which that aim is to be pursued is the maintenance and further realisation of human rights and fundamental freedoms;Conscious of the accelerating developments in biology and medicine;Convinced of the need to respect the human being both as an individual and as a member of the human species and recognising the importance of ensuring the dignity of the human being; [End Page 277]Conscious that the misuse of biology and medicine may lead to acts endangering human dignity;Affirming that progress in biology and medicine should be used for the benefit of present and future generations;Stressing the need for international co-operation so that all humanity may enjoy the benefits of biology and medicine;Recognising the importance of promoting a public debate on the questions posed by the application of biology and medicine and the responses to be given thereto;Wishing to remind all members of society of their rights and responsibilities;Taking account of the work of the Parliamentary Assembly in this field, including Recommendation 1160 (1991) on the preparation of a Convention on bioethics;Resolving to take such measures as are necessary to safeguard human dignity and the fundamental rights and freedoms of the individual with regard to the application of biology and medicine;Have agreed as follows:Chapter IGeneral provisionsArticle 1. (Purpose and object)Parties to this Convention shall protect the dignity and identity of all human beings and guarantee everyone, without discrimination, respect for their integrity and other rights and fundamental freedoms with regard to the application of biology and medicine.Each Party shall take in its internal law the necessary measures to give effect to the provisions of this Convention.Article 2. (Primacy of the human being)The interests and welfare of the human being shall prevail over the sole interest of society or science.Article 3. (Equitable access to health care)Parties, taking into account health needs and available resources, shall take appropriate measures with a view to providing, within their jurisdiction, equitable access to health care of appropriate quality. [End Page 278]Article 4. (Professional standards)Any intervention in the health field, including research, must be carried out in accordance with relevant professional obligations and standards.Chapter IIConsentArticle 5. (General rule)An intervention in the health field may only be carried out after the person concerned has given free and informed consent to it.This person shall beforehand be given appropriate information as to the purpose and nature of the intervention as well as on its consequences and risks.The person concerned may freely withdraw consent at any time.Article 6. (Protection of persons not able to consent)1. Subject to Articles 17 and 20 below, an intervention may only be carried out on a person who does not have the capacity to consent, for his or her direct benefit.2. Where, according to law, a minor does not have the capacity to consent to an intervention, the intervention may only be carried out with the authorisation of his or her representative or an authority or a person or... (shrink)

The Continuous Parameter Estimation Model is applied to develop individual genomic-level heritabilities for the latent hierarchical structure and developmental dynamics of Life History (LH) strategy LH strategies relate to the allocations of bioenergetic resources into different domains of fitness. LH has moderate to high population-level heritability in humans, both at the level of the high-order Super-K Factor and the lower-order factors, the K-Factor, Covitality Factor, and General Factor of Personality (GFP). Several important questions remain unexplored. We developed measures of genome-level (...) heritabilities employing an American sample of 316 monozygotic (MZ) and 274 dizygotic (DZ) twin dyads and a Swedish sample of 863 MZ and 475 DZ twin dyads. This novel heritability index measures individual genetic transmissibility, therefore opening new avenues for analyzing complex interactions among heritable traits inaccessible to standard structural equations methods. For these samples: (1) moderate to high heritability of factor loadings of Super-K on its lower-order factors is demonstrated, evidencing biological preparedness, genetic accommodation, and the gene-culture coevolution of biased epigenetic rules of development; (2) moderate to high heritability of the magnitudes of the effect of the higher-order factors upon their loadings on their constituent factors, evidencing genetic constraints upon phenotypic plasticity; and (3) that heritability of the LH factors, of factor loadings, and of the magnitudes of the correlations among factors are weaker among those with slower LH speeds, demonstrating that inter-individual variation in transmissibility is a function of individual socioecological selection pressures. (shrink)

Many jurisdictions have put regulatory strategies in place to provide incentives and safeguards to whistleblowers to encourage whistleblowing on corporate wrongdoings. One such strategy is the provision of a financial incentive to the whistleblower if the complaint leads to a successful regulatory enforcement action against the offending organization. We conducted an experiment using professional accountants as participants to examine whether such an incentive encourages potential whistleblowers to report an observed financial reporting fraud to a relevant external authority. We also (...) examine the effect of perceived seriousness of the wrongdoing on accountants’ intention to whistleblow. We find that a financial incentive results in a higher intention to whistleblow to a relevant external authority. We also find that perceptions of the seriousness of the wrongdoing are significantly and positively associated with accountants’ intention to whistleblow to a relevant external authority. We find a significant interaction between the provision of a financial incentive and the perceived seriousness of the wrongdoing on the intention to report the wrongdoing externally. The intention to report the financial reporting fraud externally is higher when the level of perceived seriousness is higher, regardless of the availability of a financial incentive. However, when the perceived level of seriousness is lower, the presence of financial incentive results in a higher intention to report the financial reporting fraud externally. These findings indicate that the impact of a financial incentive on the intention to whistleblow is moderated by perceptions of the seriousness of the wrongdoing. (shrink)

Opponents of medically assisted dying have long appealed to ‘slippery slope’ arguments. One such slippery slope concerns palliative care: that the introduction of medically assisted dying will lead to a diminution in the quality or availability or palliative care for patients near the end of their lives. Empirical evidence from jurisdictions where assisted dying has been practiced for decades, such as Oregon and the Netherlands, indicate that such worries are largely unfounded. The failure of the palliation slope argument is (...) nevertheless instructive with respect to how slippery slope arguments can be appraised without having to await post-facto evidence regarding the effects of a proposed change in public policy. Close attention in particular to the norms operative in a given institution and how changes to policy will interact with those norms enable slippery slopes to be credibly appraised. (shrink)

Many studies have emphasized the importance of medical, insurance, and workplace systems treating individuals fairly in work disability prevention and return-to-work. However, ethical theories and perspectives from these different systems are rarely discussed in relation to each other, even though in practice these systems constantly interact. This paper explores ethical theories and perspectives that may apply to the WDP–RTW field, and discusses these in relation to perspectives attributed to dominant stakeholders in this field, and to potential differences in different jurisdictional (...) contexts. Literature was sought primarily in biomedical ethics, business ethics, and public administration ethics. In biomedical ethics, four ethical principles are dominant: autonomy, beneficence, nonmalevolence, and justice. Business ethics involve theories on Corporate Social Responsibility, social contracts, and organizational justice. Public administration ethics focus on constitutional theory, citizenship, social equity, virtue, and public interest. Several concepts were identified as relevant for ethical analyses in the WDP–RTW field, including justice; individual autonomy; nonmalevolence; economic and social responsibility; and social contracts. These concepts provide a vocabulary that may be used to analyze stakeholders’ actions and interactions in RTW processes. It was also noted how the power balance between stakeholders will influence which ethical perspectives will influence RTW. Jurisdictional differences that influence RTW processes with regard to stakeholder responsibilities were identified, as well as varying beliefs as to who is the client in different compensation systems. A social contractual approach may inform an analysis of cultural and legal differences. (shrink)

From the point of the EU law, the CJEU has the exclusive competence to interpret the EU legal norms and decide upon validity of the legal acts adopted by the EU institutions because it is the most effective method to ensure the unilateral interpretation of the EU law and to prevent its fragmentation. Thus, it can be presumed that all disputes between the Member States regarding the EU law must be solved by the CJEU. The paper aims at finding the (...) answer to the question whether international courts under the international law must refuse their jurisdiction in cases where disputes of the Member States relate with the EU law. With the view of this aim, arguments arising from the international law (for instance, prohibition of intervening into affairs of another legal system, prohibition of abuse of laws), on the basis of which an international court should decline its jurisdiction, and applicability of such arguments to the situation discussed is assessed and an independent approach is formulated. (shrink)

Questions of jurisdiction -- The metaphysics of jurisdiction -- On the founding of law's jurisdiction and the politics of sexual difference : the case of Roman law -- Guantanamo Bay, abandoned being and the constitution of jurisdiction -- Conjuring Palestine : the jurisdiction of dispossession -- Jurisdiction and nation-building : tall tales in nineteenth-century Aotearoa/New Zealand -- The suppression of state interests in international litigation -- Mapping territories -- Placing jurisdiction -- A jurisdiction of body and desire : exploring the (...) boundaries of bodily control in prostitution law -- Subjects of jurisdiction : the dying, Northern Territory, Australia, 1995-1997 -- Embracing jurisdiction : John Ford's The man who shot Liberty Valance -- Jurisdiction and the colonisation of sublime enjoyment. (shrink)

In the early months of 2020, the deadly Covid-19 disease spread rapidly around the world. In response, national and regional governments implemented a range of emergency lockdown measures, curtailing citizens’ movements and greatly limiting economic activity. More recently, as restrictions begin to be loosened or lifted entirely, the use of so-called contact tracing apps has figured prominently in many jurisdictions’ plans to reopen society. Critics have questioned the utility of such technologies on a number of fronts, both practical and (...) ethical. However, little has been said about the ways in which the normative design choices of app developers, and the products that result therefrom, might contribute to ethical reflection and wider political debate. Drawing from scholarship in critical design and human–computer interaction, this paper examines the development of a QR code-based tracking app called Zwaai (‘Wave’ in Dutch), where its designers explicitly positioned the app as an alternative to the predominant Bluetooth and GPS-based approaches. Through analyzing these designers’ choices, this paper argues that QR code infrastructures can work to surface a set ofethical–political seams, two of which are discussed here—responsibilizationandnetworked (im)permanence—that more ‘seamless’ protocols like Bluetooth actively aim to bypass, and which may go otherwise unnoticed by existing ethical frameworks. (shrink)

Frequent and open interaction between venture capitalists and entrepreneurs is necessary for venture capital investments to occur. Increasingly, these investments are made across jurisdictions. The vast majority of these cross-border investments are carried out in a syndicate of two or more VCs, indicating the effects of intra-industry networks needing further analysis. Using China as a model, we provide a novel multidimensional framework to explain cross-border investments in innovative ventures across developed and emerging economies. By analyzing a unique international (...) dataset, we examine worldwide venture capital investment flows from 2000–2012 and consider the effects of geographical, cultural, and institutional proximity as well as institutional and relational trust. We find trust to mitigate the negative effects of geographical and cultural distance, where institutional trust is more relevant for investments in emerging economies, and relational trust is more relevant for investments in developed economies. (shrink)

This volume surveys 150 law books of fundamental importance in the history of Western legal literature and culture. The entries are organized in three sections: the first dealing with the transitional period of fifteenth-century editions of medieval authorities, the second spanning the early modern period from the sixteenth to the eighteenth century, and the third focusing on the nineteenth and twentieth centuries. The contributors are scholars from all over the world. Each 'old book' is analyzed by a recognized specialist in (...) the specific field of interest. Individual entries give a short biography of the author and discuss the significance of the works in the time and setting of their publication, and in their broader influence on the development of law worldwide. Introductory essays explore the development of Western legal traditions, especially the influence of the English common law, and of Roman and canon law on legal writers, and the borrowings and interaction between them. The book goes beyond the study of institutions and traditions of individual countries to chart a broader perspective on the transmission of legal concepts across legal, political, and geographical boundaries. Examining the branches of this genealogical tree of books makes clear their pervasive influence on modern legal systems, including attempts at rationalizing custom or creating new hybrid systems by transplanting Western legal concepts into other jurisdictions. (shrink)

This article, the second of a two-part essay, outlines a solution to certain tensions in Thomist philosophical anthropology concerning the interaction of the human person’s immaterial intellectual or noetic operations with the psychosomatic sensory operations that are constituted from the formal organization of the nervous system. Continuing with where the first part left off, I argue that Thomists should not be tempted by strong emergentist accounts of mental operations that act directly on the brain, but should maintain, with Aquinas, (...) that noetic operations directly interact with psychosomatic operations. I develop a Thomist account of noetic–psychosomatic interactions that expands upon the first part’s rapprochement between the new mechanist philosophy of neuroscience and psychology and hylomorphic animalism. I argue that noetic–psychosomatic interactions are best understood as analogous to the way diverse higher and lower order psychosomatic powers interact by actualizing, coordinating, and directing the operations of other psychosomatic powers. I draw on James Ross’s arguments for the immateriality of intellectual operations as realizing definite pure functions in order to elucidate the way noetic operations uniquely actualize, coordinate, and direct the psychosomatic operations they interact with. I conclude with a conjectural sketch of how this presentation of Thomist philosophical anthropology understands the noetic and psychosomatic deficits brought about by damage to the nervous system. (shrink)

Ethical instruction is critical for trainee accountants. Various teaching methods, both active and passive, are normally utilised when teaching accounting ethics. However, students’ learning styles are rarely assessed. This study evaluates the learning styles of accounting students and assesses the interaction of teaching methods and learning styles in an ethics instruction environment. The ethical attitudes and preferred learning styles of a cohort (137) of final year accounting students were evaluated pre-instruction. They were then subject to three different teaching methods (...) while studying ethics during an auditing course. When ethical attitudes and preferred learning styles were re-assessed post-instruction, the teaching methods were found to have influenced active learners more than passive ones. Furthermore, when learning styles matched teaching methods used, usefulness was assessed as high but when learning styles and teaching methods differed, usefulness deteriorated significantly. Students displayed a preference for passive learning styles, despite being so advanced in their education. The implications are that instructors should consider learning styles before deciding on appropriate teaching methods, in accounting ethics environments. (shrink)

In Tague's book, An Ape Ethic and the Question of Personhood, he presents his call for what he refers to as “Ape Forest Sovereignty” in three parts. In the first part of the book, he explores “The Case for an Ape Ethic.” Here he lays the groundwork for his call for Ape Forest Sovereignty, arguing that apes are ethical players in both their ecosystems and within their society's social structures. He explores this argument through the lens of “personhood,” a concept (...) that he recognizes as having multiple facets: legal, ethical, and metaphysical. He is clear that, in his exploration of the concept of personhood, “An Ape Ethic is not a legal argument but, nonetheless, a call for recognition of great apes as persons of tropical forests” (p. 4). This point is where I find the book somewhat lacking in ways that I will explore later in this review.Tague goes on in Part 2, which deals with cognition and environmental adaptation, and Part 3, which deals with the complex social interactions in ape societies, to build a convincing and extremely well-referenced argument, leaving the reader in little doubt as to his call that, if humans can be considered “persons,” there is very good reason to also consider apes as “persons,” too. These parts of the book will be useful for those interested in ape cognition and social structure as they bring together both historical and current work on this issue from a truly global perspective. It is perhaps the most current and comprehensive analysis of these points in print today and will serve students and those with an interest in those subjects extremely well.In addition to possessing the relevant cognitive and social attributes that would see them considered “persons,” Tague further argues that great apes—and he makes particular mention of orangutans throughout the book—operate in such a way that is intrinsically morally good in their interactions with their environment. Indeed, the existence of great apes in forest environments, says Tague, actively benefits those environments, particularly in their role as important seed dispersers. Tague argues that this establishes great apes as “moral eco-engineers” who, in stark contrast to the damaging capitalist social and political structures maintained by humans that have had such devastating impact on global forest environments, actively benefit their environment.Drawing together the various threads of his analysis, Tague argues that apes should be considered “forest persons” and be granted sovereignty over their forest land.Frustratingly, having laid an intricate groundwork as the basis of his call for ape personhood that, he says, is the rationale for the call for ape land sovereignty, Tague devotes very little of the book to his radical and compelling call. I had hoped that the final chapter of the book would explore exactly what ape sovereignty might look like in practice. The book left me with more questions than answers in this regard, and I would have liked Tague to explore the practical potential of his call in his concluding chapter.An exploration of the practical outcomes would be complex and could not help but become not just ethical, but also political and legal in nature. Land sovereignty cannot just be considered through an ethical lens, but must be addressed though the political and legal constructs upon which the principle of land sovereignty is based. For example, I would have liked to have seen Tague's work explore the following questions: How would nation states within whose jurisdiction these forests are located cede sovereignty to apes and how might it be maintained or managed?How would humans living or working in these forests, particularly those with long-standing ancestral land rights over the same land in question, interact with apes within these spaces?How would other nonhuman species who also share the environment engage and exist within these spaces? Would or could there be any feasible ceding of land sovereignty to nonhuman species when the principle of land sovereignty is based on human-made political and legal principles and, indeed, while indigenous human populations continue to struggle for their sovereignty to be recognized and respected?I was also left wondering how Tague's call might apply to captive apes. The theory espoused in the book relies heavily on land sovereignty being granted to apes on the basis of them being “moral eco-engineers” of their forest homes. I would be interested to understand where this might leave apes born or maintained in captivity who cannot, and will not, ever form part of free-living societies in those forest environments. If ape personhood and, by extension, the right to land sovereignty, is contingent on those apes playing a positive conservation role in their natural environment, one can perhaps conclude that captive apes are excluded from personhood recognition due to their inability to play this role. I would be interested to understand where Tague positions captive apes within his theory.Important work has been done in this academic area, most notably by Donaldson and Kymlicka (2013) in their book Zoopolis and, specifically, in the chapter “Wild Animal Sovereignty.” Tague does reference this work in parts of his text and it may be that An Ape Ethic and Zoopolis could be read together, with the arguments of one informing, and providing context, to the other. That said, I would have been interested to understand Tague's specific view on the practical implementation of his call for ape land sovereignty, perhaps in a volume of work to accompany the text currently under consideration.Tague's book presents an urgent and compelling argument that, under human management, forest habitats are under immediate threat of irreparable harm. His call to cede land to nonhuman “forest persons” who will better care for and maintain this land—which is vital for the health and welfare of all living beings on Earth—is a radical and important one. I hope Tague continues to develop and expand on this work in the near future to explore the way in which his call might be realized in practice. (shrink)

Over the past three or four decades, the concept of medical ethics has changed from a limited set of standards to a broad field of debate and research. We define medical ethics as an arena of moral issues in medicine, rather than a specific discipline. This paper examines how the disciplines of health care ethics and health care law have developed and operated within this arena. Our framework highlights the aspects of jurisdiction (Abbott) and the assignment of responsibilities (Gusfield). This (...) theoretical framework prompted us to study definitions and changing responsibilities in order to describe the development and interaction of health care ethics and health law. We have opted for the context of the Dutch debate about end-of-life decisions as a relevant case study. We argue that the specific Dutch definition of euthanasia as 'intentionally taking the life of another person by a physician, upon that person's request' can be seen as the result of the complex jurisdictional process. This illustrates the more general conclusion that the Dutch debate on end-of-life decisions and the development of the two disciplines must be understood in terms of mutual interaction. (shrink)

Over the past three or four decades, the concept of medical ethics has changed from a limited set of standards to a broad field of debate and research. We define medical ethics as an arena of moral issues in medicine, rather than a specific discipline. This paper examines how the disciplines of health care ethics and health care law have developed and operated within this arena. Our framework highlights the aspects of jurisdiction and the assignment of responsibilities . This theoretical (...) framework prompted us to study definitions and changing responsibilities in order to describe the development and interaction of health care ethics and health law. We have opted for the context of the Dutch debate about end-of-life decisions as a relevant case study. We argue that the specific Dutch definition of euthanasia as ‘intentionally taking the life of another person by a physician, upon that person’s request’ can be seen as the result of the complex jurisdictional process. This illustrates the more general conclusion that the Dutch debate on end-of-life decisions and the development of the two disciplines must be understood in terms of mutual interaction. (shrink)

Over the past three or four decades, the concept of medical ethics has changed from a limited set of standards to a broad field of debate and research. We define medical ethics as an arena of moral issues in medicine, rather than a specific discipline. This paper examines how the disciplines of health care ethics and health care law have developed and operated within this arena. Our framework highlights the aspects of jurisdiction and the assignment of responsibilities. This theoretical framework (...) prompted us to study definitions and changing responsibilities in order to describe the development and interaction of health care ethics and health law. We have opted for the context of the Dutch debate about end-of-life decisions as a relevant case study. We argue that the specific Dutch definition of euthanasia as ‘intentionally taking the life of another person by a physician, upon that person’s request’ can be seen as the result of the complex jurisdictional process. This illustrates the more general conclusion that the Dutch debate on end-of-life decisions and the development of the two disciplines must be understood in terms of mutual interaction. (shrink)

Emergent structural approaches to institutional complexity tend to inhibit the role of agency in addressing logic multiplicity scenarios. Prior studies of logic multiplicity have documented a diverse set of outcomes, ranging from domination through hybridization, and characterized by various levels of conflict. A new stream of research has emerged that seeks to explain this heterogeneity through the structural components of complexity. These studies tend to minimize the role of agency in institutional complexity scenarios, positing that outcome diversity, and the organization’s (...) ability to exert agency, can be accounted for by the interaction of exogenously determined parameters, such as centrality, compatibility, prioritization, and jurisdictional overlap. This article revisits the role of agency in these models, suggesting that agency is not only framed by, but may itself shape, structure. The article draws on a comparative case study in five Israeli nonprofit organizations, focusing on the introduction of the business logic through a strategic planning process, and the challenge that this represents for the legacy social logic. The case studies demonstrate that organizations regularly use a set of distinctive mechanisms to manipulate the structural components of complexity, and, in so doing, agentically regulate logic multiplicity outcomes. (shrink)

The kinds of social interaction necessary for the existence of human cultural practices and institutions and the human ability to change and survive depended on at least four conditions: biological brain evolution, cognition/affective processes, ethnographically-based cultural beliefs and practices, and the kinds of interpersonal relations that motivate or constrain social interaction. Thus human biological and cultural evolution could not have occurred without the interaction of brain processes, cognition/affective mechanisms, language, cultural beliefs, and social organization. No single one (...) of these elements could have emerged without the others. We know little about how the four elements evolved, but can at least speculate about the necessity of each for human development. For example, the kinds of socialization experiences and skills infants acquire gradually to be called competent ‘adults,’ and how adult status begins to fade towards the end of life as adults seek to retain the properties that sustain human life. (shrink)

The COVID-19 pandemic has brought the long-standing public health practice of contact tracing into the public spotlight. While contact tracing and case investigation have been carefully designed to protect privacy, the huge volume of tracing which is being carried out as part of the pandemic response in the United States is highlighting potential concerns around privacy, legality, and equity. Contact tracing during the pandemic has gained particular attention for the new use of digital technologies—both on the consumer side in the (...) form of Exposure Notification applications, and for public health agencies as digital case management software systems enable massive scaling of operations. While the consumer application side of digital innovation has dominated the news and academic discourse around privacy, people are likely to interact more intensively with public health agencies and their use of digital case management systems. Effective use of digital case management for contact tracing requires revisiting the existing legal frameworks, privacy protections, and security practices for management of sensitive health data. The scale of these tools and demands of an unprecedented pandemic response are introducing new risks through the collection of huge volumes of data, and expanding requirements for more adept data sharing among jurisdictions. Public health agencies must strengthen their best practices for data collection and protection even in the absence of comprehensive or clear guidance. This requires navigating a difficult balance between rigorous data protection and remaining highly adaptive and agile. (shrink)

Law and Economics deals with the economic analysis of legal relations, legal provisions, laws and regulations and is a research field which has a long tradition in economics. It was lost after the expulsion of some of the leading economists from Germany during 1933 to 1938, but then revived in Chicago. Both the subject of Law of Economics and the need for a concise Encyclopedia is particularly relevant in Europe today. Currently in the European Union there are several different legal (...) cultures: the Anglo-Saxon legal framework, the German legal framework, which for example also includes Greece, and the Roman legal family—three jurisdictions which have to be covered with one and the same theory. In the EU, the task of the European Commission to interact with the various European jurisdictions means different legal cultures collaborating and some degree of harmonization is necessary. The result is an immediate need, if only for the science, to show how a given problem is solved in each legal tradition and jurisdiction. This Encyclopedia provides both a common language and precise definitions in the field, which will be useful in the future to avoid misunderstandings during harmonization of EU Law. (shrink)

Shamans, including medicine men, mediums, and the prophets of religious movements, recur across human societies. Shamanism also existed among nearly all documented hunter-gatherers, likely characterized the religious lives of many ancestral humans, and is often proposed by anthropologists to be the “first profession,” representing the first institutionalized division of labor beyond age and sex. In this article, I propose a cultural evolutionary theory to explain why shamanism consistently develops and, in particular, why shamanic traditions exhibit recurrent features around the world; (...) why shamanism professionalizes early, often in the absence of other specialization; and how shifting social conditions affect the form or existence of shamanism. According to this theory, shamanism is a set of traditions developed through cultural evolution that adapts to people's intuitions to convince observers that a practitioner can influence otherwise unpredictable, significant events. The shaman does this by ostensibly transforming during initiation and trance, violating folk intuitions of humanness to assure group members that he or she can interact with the invisible forces that control uncertain outcomes. Entry requirements for becoming a shaman persist because the practitioner's credibility depends on his or her “transforming.” This contrasts with dealing with problems that have identifiable solutions, in which credibility hinges on showing results and outsiders can invade the jurisdiction by producing the outcome. Shamanism is an ancient human institution that recurs because of the capacity of cultural evolution to produce practices adapted to innate psychological tendencies. (shrink)

The temporal updating of an agent’s beliefs in response to a flow of information is modeled in a simple modal logic that, for every date t, contains a normal belief operator B t and a non-normal information operator I t which is analogous to the ‘only knowing’ operator discussed in the computer science literature. Soundness and completeness of the logic are proved and the relationship between the proposed logic, the AGM theory of belief revision and the notion of plausibility is (...) discussed. (shrink)

This article explicates the interaction between implicit and explicit processes in skill learning, in contrast to the tendency of researchers to study each type in isolation. It highlights various effects of the interaction on learning (including synergy effects). The authors argue for an integrated model of skill learning that takes into account both implicit and explicit processes. Moreover, they argue for a bottom-up approach (first learning implicit knowledge and then explicit knowledge) in the integrated model. A variety of (...) qualitative data can be accounted for by the approach. A computational model, CLARION, is then used to simulate a range of quantitative data. The results demonstrate the plausibility of the model, which provides a new perspective on skill learning. (PsycINFO Database Record (c) 2012 APA, all rights reserved). (shrink)

In this article, we examine how the U.N. Convention on the Rights of the Child can be useful in pediatric bioethics. Adopted in 1989, the CRC reflects norms that have been deliberated upon for a long period of time and endorsed by most nations. The United States is now the only country that has not ratified the CRC.1 International human rights law shares many key moral concepts with clinical pediatric bioethics, and the CRC provides a considered language common to many (...) jurisdictions that can assist bioethicists in their daily practice and help health-care organizations in their policy development and international interactions. There may, however, be practical challenges with using the CRC in the practice of.. (shrink)

In many artworks, both aesthetic and ethical values are present, and both can contribute to the overall artistic value of a work. The question explored in this paper is: does the presence of one kind of value affect the degree of the other? For example, does a work that expresses a morally reprehensible attitude diminish the aesthetic value of a work? Let ‘interaction’ name the view that the presence of one kind of value affects the degree of the other. (...) We will argue in favour of the existence of interaction. However, we will argue further that such interaction is a contingent feature of artworks and that the most common argument that has been offered for interaction—the affective -response -argument—fails to identify the main reason why it holds, when it in fact does. (shrink)

Rhodopsin, upon activation by light, transduces the photon signal by activation of the G‐protein, transducin. The well‐studied rhodopsin/transducin system serves as a model for the understanding of signal transduction by the large class of G‐protein‐coupled receptors. The interactive form of rhodopsin, R*, is conformationally similar or identical to rhodopsin's photolysis intermediate Metarhodopsin II (MII). Formation of MII requires deprotonation of rhodopsin's protonated Schiff base which appears to facilitate some opening of the rhodopsin structure. This allows a change in conformation at (...) rhodopsin's cytoplasmic surface that provides binding sites for transducin. Rhodopsin's 2nd, 3rd and putative 4th cytoplasmic loops bind transducin at sites including transducin's 5 kDa carboxyl‐terminal region. Site‐specific mutagenesis of rhodopsin is being used to distinguish sites on rhodopsin's surface that are important in binding transducin from those that function in activating transducin. These observations are consistent with and extend studies on the action of other G‐protein‐coupled receptors and their interactions with their respective G proteins. (shrink)

Twinned 2H martensite is observed in copper-based shape memory alloys together with basal and non-basal plane stacking faults. Knowledge of the twin-boundary structure and its interaction with the faults is important to understand the deformation mechanism by twin coalescence. High-resolution electron microscopy coupled with image simulations have been used for these studies. The interface of the type I twinning in 2H martensite shows an atomic configuration with mirror antisymmetry. An atomic plane is shared by the twinned variants in such (...) a way that the distance between the planes, parallel to the interface, is unchanged at the boundary and the mean atomic volume is conserved. The interaction of the boundary with a basal plane fault generates a shift in the interface. A mirror antisymmetrical boundary is maintained by introducing an imperfect interface dislocation. (shrink)

Using the artificial language paradigm, we studied the acquisition of morphophonemic alternations with exceptions by 160 German adult learners. We tested the acquisition of two types of alternations in two regularity conditions while additionally varying length of training. In the first alternation, a vowel harmony, backness of the stem vowel determines backness of the suffix. This process is grounded in substance, and this universal phonetic factor bolsters learning a generalization. In the second alternation, tenseness of the stem vowel determines backness (...) of the suffix vowel. This process is not based in substance, but it reflects a phonotactic property of German and our participants benefit from this language-specific factor. We found that learners use both cues, while substantive bias surfaces mainly in the most unstable situation. We show that language-specific and universal factors interact in learning. (shrink)

Using the artificial language paradigm, we studied the acquisition of morphophonemic alternations with exceptions by 160 German adult learners. We tested the acquisition of two types of alternations in two regularity conditions while additionally varying length of training. In the first alternation, a vowel harmony, backness of the stem vowel determines backness of the suffix. This process is grounded in substance (phonetic motivation), and this universal phonetic factor bolsters learning a generalization. In the second alternation, tenseness of the stem vowel (...) determines backness of the suffix vowel. This process is not based in substance, but it reflects a phonotactic property of German and our participants benefit from this language-specific factor. We found that learners use both cues, while substantive bias surfaces mainly in the most unstable situation. We show that language-specific and universal factors interact in learning. (shrink)

Davidsonian event semantics is often taken to form an unhappy marriage with compositional semantics. For example, it has been claimed to be problematic for semantic accounts of quantification Proceedings of the 16th Amsterdam Colloquium, 2007), for classical accounts of negation Semantics and contextual expression, 1989), and for intersective accounts of verbal coordination. This paper shows that none of this is the case, once we abandon the idea that the event variable is bound at sentence level, and assume instead that verbs (...) denote existential quantifiers over events. Quantificational arguments can then be given a semantic account, negation can be treated classically, and coordination can be modeled as intersection. The framework presented here is a natural choice for researchers and fieldworkers who wish to sketch a semantic analysis of a language without being forced to make commitments about the hierarchical order of arguments, the argument-adjunct distinction, the default scope of quantifiers, or the nature of negation and coordination. (shrink)

This paper investigates the state of the law in Canada in regards to a public health emergency, and in particular the jurisdictional logic that might come into effect were a public health emergency to occur. Although there has yet to be a national public health emergency in Canada, threats of such crises are likely to arise in the future. It is therefore recognised as necessary to address Canada’s legal preparedness for a public health emergency and evaluate proposed reforms to the (...) legal structure that could facilitate response. This paper contributes to this goal by identifying multiple jurisdictional factors that could inform legal interpretations in a public health emergency. It considers how the legal system and the courts are dealing with public health as a national security issue while taking into account s. 7 of the Canadian Charter. It also looks at the power of the government defined in the Emergencies Act [1985, c. 22] and a proposed legal reform that would make it easier for the government to act unilaterally in a public health emergency. The paper draws on the legal theory of Robert Cover to analyse the hermeneutics of jurisdiction that characterise legal interpretations of public health in Canada, as well as the relationship between jurisdiction and legal violence that these hermeneutics imply. It then develops a case study of the use of medical triage in a public health emergency to explore the possibility of holding the state liable under private law for harm caused to individuals by public health decisions. The paper concludes by suggesting that the state’s public health power can be conceptualised as a form of legal violence and that the courts in Canada should adopt a jurisgenerative approach to legal interpretation in the area of public health. (shrink)

This article investigates agency as a way of being and acting in sustainability leadership. Our primary aim is to enhance understanding of agentic strategies that facilitate transcending systemic complexities in sustainability leadership. We make a distinction in our analytical approach by drawing from Emirbayer and Mische’s conceptualisation of agency as ‘an interactive process of reflexive transformation and relational pragmatics, a temporally embedded process of social engagement, informed by the past, oriented towards the future and enacted in the present’ . We (...) add ontological sources of agency to these dynamics which interact with habit, imagination, judgement and learning in the transformation of social systems. This approach underpins our model ‘Dynamic Interactions of Agency in Leadership’ , an integrative framework for analysing agency in sustainability leadership. We examine the efficacy of our framework in higher education initiatives in which sustainability aspirations, aims and actions are envisioned, articulated and mobilised. We conclude by offering further avenues of research in sustainability leadership designed to advance this burgeoning field and contribute to bridging the gap between sustainability challenges and our abilities to solve them. (shrink)

IntroductionEspecially in the chronic phase, individuals with traumatic brain injury may still have impairments at the discourse level, even if these remain undetected by conventional aphasia tests. As a consequence, IwTBI may be impaired in conversational behavior and disadvantaged in their socio-communicative participation. Even though handling discourse is thought to be a basic requirement for participation and quality of life, only a handful of test procedures assessing discourse disorders have been developed so far. The MAKRO Screening is a recently developed (...) screening tool designed to assess discourse impairments. The test construction is based on psycholinguistic frameworks and the concept of macro-rules, which refer to cognitive functions responsible for organizing and reducing complex information in discourse.AimThe aim of our study was to investigate discourse processing in IwTBI in different tasks and to assess problems in communicative participation in the post-acute and chronic phase. In this context, we also aimed to analyze the influence of the severity of the initial impairment and the verbal executive abilities on the discourse performance. Additionally, the impact of macrolinguistic discourse impairments and verbal fluency on perceived communicative participation was targeted in our analysis.MethodsData from 23 IwTBI and 23 healthy control subjects have been analyzed. They completed two subtests of the MAKRO screening: Text production and Inferences. Discourse performance was examined in relation to measures of semantic fluency and verbal task-switching. Socio-communicative problems were evaluated with the German version of the La Trobe Communication Questionnaire.ResultsIwTBI showed lower test results than the control group in the two subtests of the MAKRO-Screening. Difficulties in picture-based narrative text production also indicated greater perceived difficulties in communicative participation. We also found that the subject’s performance on the MAKRO-Screening subtests can partly be explained by underlying dysexecutive symptoms and the severity of their injury. The preliminary results of our study show that cognitive-linguistic symptoms in IwTBI are also evident in the chronic phase. These can be detected with procedures referring to the discourse level, such as the MAKRO-Screening. The assessment of discourse performance should be an integral part in the rehabilitation of IwTBI in order to detect cognitive-linguistic communication disorders and to evaluate their impact on socio-communicative participation. (shrink)

According to Joseph Raz's sources thesis, the existence and content of authoritative directives must be identifiable by resort to the social fact of their provenance from a de facto authority, without regard to any of the normative considerations that the authority in question is supposed to rely on in its judgment. This article argues that the sources thesis fails to account for the role of jurisdictional considerations (namely, considerations about the scope of a de facto authority's power) in the identification (...) of valid law. It examines a legal system with a legislature and courts and a practice of constitutional review of legislation by the courts for its conformity with fundamental rights and argues that the special normative status of (at least some) authoritative directives in this legal system depends on respect for jurisdiction. An assessment of whether an authority has stayed intra vires involves recourse to the normative considerations that it is the authority's job to weigh up. This criticism of the sources thesis highlights the importance of incorporating jurisdiction into our philosophical accounts of legal authority. (shrink)