The author examines the role of discourse in a democratically organized society, where socially significant issues are resolved through collective discussion and criticism of the parties' claims. Discourse is considered as a practice of communicative relations aimed at achieving social harmony. It appears as the highest instance of social life, which determines norms, values and individual aspects of social life. However, there are also difficulties that Karl Otto Apel faces in justifying democracy, in particular in the context of the existence (...) of "institutions of discourse". It is assumed that discourse as an institution should overcome the limits of other institutions. The author infers the ultimate nature of philosophical reasoning in transcendental pragmatics and insists on the defined institution of the transcendental language game as a meta-institution that encompasses rational conventions between social subjects. (shrink)

The author suggests that law is best represented, understood, and taught in the form of open‐ended, defeasible, normative, conditional propositions. The meaning, role, and significance of defeasibility is explained by presenting three ‘canonical forms’ and by distinguishing exceptions and overrides. The role of equity in the law of contract, as understood by the author, is taken as an exemplar of override and parallels are drawn with policy in the English law of tort and with mercy in the criminal law of (...) England and Wales. The third and preferred canonical form is sequenced and internally differentiated and seeks a satisfactory middle way between all‐or‐nothing rules and wild‐card discretion and a reconciliation of the surface demands of legal rules and the deeper values embedded in law. The suggested approach therefore resists closure and seeks a conceptual restructuring of law which opens it up to the influence of notions such as justice and equity and locates them as open‐ended conditions of defeasance inhabiting the express or implied ‘unless…’ clause which is taken to be an element in every fully‐formed statement of law. This approach accommodates law as a locus not only of traditional rule‐based reasoning, but also of open‐ended internal moral reasoning invoking deeper values inherent in law and only imperfectly captured and implemented by formal legal rules. (shrink)

Given statements like these about current developments in intellectualizing about law in America it is an exciting time to look at American legal philosophy. Given the ferment in the law schools and the volume of literature in the law journals it is also a difficult task confidently to extract the main lines of current thought and adequately to assess the significance of current intellectual movements. American lawyers are inclined to point out that there is no such thing as ‘American law’. (...) Rather, in addition to Federal law and the Supreme Court's jurisdiction there are some fifty jurisdictions each with its own Constitution, Legislature and Supreme Court and consequently diversity rather than uniformity is the rule. Equally, the very idea that there is some single, coherent and widely accepted theory of law deserving description as ‘American legal philosophy’ obviously begs all manner of significant questions. (shrink)

This book presents papers that deal with Hans Kelsen's legal philosophy, and includes contributions from Hedley Bull, J.W. Harris, Phillip Pettit, Joseph Raz, Jes Bjarup, and Stanley L. Paulson.

We show that Dedekind, in his proof of the principle of definition by mathematical recursion, used implicitly both the concept of an inductive cone from an inductive system of sets and that of the inductive limit of an inductive system of sets. Moreover, we show that in Dedekind’s work on the foundations of mathematics one can also find specific occurrences of various profound mathematical ideas in the fields of universal algebra, category theory, the theory of primitive recursive mappings, and set (...) theory, which undoubtedly point towards the mathematics of twentieth and twenty-first centuries. (shrink)

ABSTRACT If it could be shown that law is, in some sense, a moral system the apparent contradiction between (moral) autonomy and (legal) heteronomy might be challenged. In order to prepare for such a challenge this paper questions the prevailing view that law is not in the business of enforcing morals. That is done primarily by using decisions of the criminal courts to show that the law does not always criminalise conduct merely to prevent harm to others. Paternalism is distinguished (...) from the harm principle in order to show that the law (rightly or wrongly) sometimes seeks to secure that which is (thought to be) morally good, irrespective of the prevention of harm, at least overall harm. If such an insight is well founded there are consequences for legal theory in that neither of the ruling paradigms (naturalism and positivism) seems able adequately to accommodate the view of law which emerges. Consequently, an attempt is made in the essay to develop a middle theory of law, between naturalism and positivism, which is referred to as ‘normative positivism‘. The theory presented has, in turn, consequences for political practice. If law can be seen as community morality rather than as merely the morality of officials, then everyone has a stake in the moral content of law and there may be good moral reasons for disobeying official laws. Civil disobedience is the citizen's ultimate resort against the official morality that has appropriated to itself the eulogistic name of ‘law‘. That law may be seen as community morality also calls into question some ruling paradigms as to the nature of morality but, if the claim can be sustained, then the legal system may be seen as applied moral philosophy in action. (shrink)

The original version of this article unfortunately contained a mistake: The equation on page 34 was incorrect. The corrected equation is given below.

In this article we examine the association between national welfare regime and the propensity of middle–aged and older individuals with adult children of their own to provide social support to aged parents. Using data from mature adults (50+) in 26 European countries, we examine whether older and younger generations compete for the time resources of the middle “sandwiched” generation, and whether national policy context shapes this competition. Contrary to expectations, we found that sandwich generation members were less likely to provide (...) support to their parents in Conservative–Mediterranean and East European regimes, but more likely to do so in universalistic Social–Democratic regimes. This evidence supports the hypothesis that well–developed welfare states “crowd–in” family support to older individuals. Middle generation members who provided social support to their adult children tended to provide to their older parents as well. This was particularly true in the two regimes where resources and public benefits tend to be more generous and may be interpreted as state benefits that reduce intergenerational competition. Findings are discussed in terms of the capacity of state policies to shape the allocation of family resources to older adults where extended family lineages have become the norm. (shrink)

The objective of this study is to analyze the relationship between views and social interaction generated by YouTuber videos in Spanish. A quali-quantitative analysis is conducted on a sample of 100 videos, 10 YouTube channels, 997 minutes of video, with 116,934,321 views, 12,297,021 likes/dislikes, and 1,041,191 comments on YT, 306,000 retweets/favorites on TW and 140,852 comments, shares, and reactions on FB. The existence of social media tools on YouTube does not in itself guarantee interaction by users who prefer to watch (...) videos and adopt a passive attitude. In this analysis, we propose a social interaction indicator that takes into account the total number of social media reactions made on social networks and the age of the video. Cultivating realistic conversation and interaction on platforms with audiences numbering in the millions represents a serious challenge for YouTubers. (shrink)

The monograph includes works of specialists and scientists - active members of the bioethical movement In Ukraine, and regular participants in national congresses on bioethics in Kyiv for the last 20 years. Over the years, bioethics has become widely used our lives It is evidenced, in particular, by the list of topics that are presented in the collective monographs, namely: philosophical and philosophical aspects of bioethics and dissemination bioethical norms and rules in various spheres of human activity. Most articles include (...) both theoretical aspects of bioethics and examples of practical application of bioethical principles. The book is intended for scientists, doctors, philosophers, jurists, teachers and students of higher educational institutions, as well as a wide range of readers who are interested in bioethical issues. (shrink)

Gastronomic experiences offer a set of stimuli that affect the customer’s perception of chef-designed food. This empirical study aims to analyze the influence on the consumer, at a cerebral level, of the stimuli characteristic of a high-level gastronomic experience, in a Michelin starred restaurant. The presentation by the waiter or chef, the plate design, the dish served, the taste of food, interaction or moment in which the food is served are the variables analyzed. Through the use of neuromarketing techniques – (...) galvanic skin response to register emotional arousal, eye tracking to identify where consumers look, and electroencephalography to interpret emotional reactions – combined with qualitative research technique (In-depth interviews with all consumers), in order to know the natural and suggested memories, the objective of this research is to determine the emotional impact of the variables analyzed against the actual taste of food, obtaining conclusions about each variable in overall experience and allowing the authors to propose a model of order design of dishes, designed by the chef, based on emotions and thereby achieving greater efficiency in results of the experience and the memory of it. Results indicate a favorable influence on emotions when the chef presents the food. Likewise, dishes with special presentation have a greater influence at the level of interest than conventional dishes. It is important to highlight that the levels of emotion and attention fall after the midway point of the experience, due to the duration of the experience. Therefore, the dishes do not have the same emotional impact, despite being as special as at the beginning of the experience. (shrink)

Terror may have dire implications for the public’s behavior. According to Kirschenbaum (J Homel Secur Emerg Manag 3(1/3):1–33, 2006), in order to minimize the expected impact of a terror incident the public has to adopt a “survival strategy”. According to the underlying research hypothesis of the study, the longer the terror incidents continue, the more the public accepts the possibility that it will be in this situation for the long term; therefore, the extent of its deviation from its ordinary consumer (...) behavior steadily declines after each terror incident. By using daily trade data and an Event Studies econometric methodology, we found the existence of an adaptation trend among the consumer public. Thus, over time, the Israeli public internalized the realization that if it wishes to sustain a reasonable standard of living, it must minimize the disparity between its consumer economic behavior before a terror event and its behavior afterwards. Announcing more assassinations of terrorists was found to calm the public’s fears, when fears are judged by a return to more normal consumption patterns. Another finding is the existence of variance in the pace of this adaptation as a dependency of the type of good consumed: consistently, the adaptation is faster in regard to non-durable goods than to durable goods. This outcome is subject to interpretation, since durable goods may be viewed as “half-consumption goods, half-capital goods,” it stands to reason that capital goods would be more strongly affected than consumption goods. (shrink)

It must be considered that a man who only does what everyone of the society to which he belongs would do is not a dishonest man.A lack of confidence in the ability of a tribunal correctly to estimate evidence of states of mind and the like can never be sufficient ground for excluding from enquiry the most fundamental element in a rational and humane criminal code.

After defining, for each many-sorted signature Σ = (S, Σ), the category Ter ( Σ ), of generalized terms for Σ (which is the dual of the Kleisli category for , the monad in Set S determined by the adjunction from Set S to Alg ( Σ ), the category of Σ -algebras), we assign, to a signature morphism d from Σ to Λ , the functor from Ter ( Σ ) to Ter ( Λ ). Once defined the mappings (...) that assign, respectively, to a many-sorted signature the corresponding category of generalized terms and to a signature morphism the functor between the associated categories of generalized terms, we state that both mappings are actually the components of a pseudo-functor Ter from Sig to the 2-category Cat . Next we prove that there is a functor Tr Σ , of realization of generalized terms as term operations, from Alg ( Σ ) × Ter ( Σ ) to Set , that simultaneously formalizes the procedure of realization of generalized terms and its naturalness (by taking into account the variation of the algebras through the homomorphisms between them). We remark that from this fact we will get the invariance of the relation of satisfaction under signature change. Moreover, we prove that, for each signature morphism d from Σ to Λ , there exists a natural isomorphism θ d from the functor to the functor , both from the category Alg ( Λ ) × Ter ( Σ ) to the category Set , where d * is the value at d of the arrow mapping of a contravariant functor Alg from Sig to Cat , that shows the invariant character of the procedure of realization of generalized terms under signature change. Finally, we construct the many-sorted term institution by combining adequately the above components (and, in a derived way, the many-sorted specification institution), but for a strict generalization of the standard notion of institution. (shrink)

Those who campaign for law reform to permit “euthanasia” may seek different things and at least some of what they seek may already be permissible under the criminal law of England and Wales. In this paper I examine one means whereby the criminal law delivers outcomes acceptable to the euthanasia lobby, that is the curious notion of “causation” deployed by the law, which adds a value override to the more usual notion of factual causation such that, for example, if medical (...) treatment falls within the acceptable range as normal and proper, the pre–existing injury or illness is treated as exclusively the cause of death and the doctor escapes criminal liability, even where the medical treatment will shorten life to the certain knowledge, possibly even the wish, of the doctor. Thus the law may already be delivering a range of outcomes — euthanasia in a weak sense — acceptable to the euthanasia lobby. If so, it achieves this by stealth. That is inappropriate to the doctor–patient relationship, which is one of trust. So there is a strong case for greater transparency. Moreover, there are limits to the acceptable outcomes which an unreformed criminal law can deliver and in a range of cases the criminal law condemns the doctor to impotence and the patient to a prolonged, miserable and undignified death. So there is also a case for going beyond the current law and legalising euthanasia in a strong sense. (shrink)

I argue that the duty of confidentiality is relative, not absolute; and that it is primarily a matter for the professional judgment of the reflective health practitioner to determine in the particular case whether competing public interests (or other compelling reasons) override that duty. I have supported that account with an analysis of medical practice as a recourse role and with an account of law that emphasises not only its duty‐imposing character but also, and crucially, an embedded liberty to depart (...) from the plain requirements of a primary legal rule where in the conscientious judgment of the addressee of that law, there is ‘damn good reason’ to do so. This account of the moral nullification of law at the outer limits appears to be descriptively accurate over a wide range of law and normatively appealing not only to democratic citizens but also to professionals such as doctors and lawyers whose role involves testing the law on moral grounds and who should be ready to do so, if but only if, they believe in the good faith exercise of professional judgment that the outcome mandated by the literal application of the legal rule is inconsistent with the moral mission of their role. The argument is illustrated with cases from American and English courts which, perhaps, render plausible the otherwise paradoxical notion that the law itself admits of departures from the legal rules. (shrink)

The specification of specific and often unique fates to individual cells as a function of their position within a developing organism is a fundamental process during the development of multicellular organisms. The development of the Drosophila embryonic central nervous system serves as an excellent model system in which to clarify the developmental mechanisms that link pattern formation to cell-type specification. The Drosophila embryonic central nervous system develops from a set of neural stem cells termed neuroblasts. Neuroblasts arise from the ectoderm (...) in an invariant pattern, and each neuroblast acquires a unique fate based on its position within this pattern. Two groups of genes recently have been demonstrated to govern the individual fate specification of neuroblasts. One group, the segment polarity genes, enables neuroblasts that develop in different anteroposterior positions to acquire different fates. The second group, referred to as the columnar genes, ensures that neuroblasts that develop in different dorsoventral domains assume different fates. When integrated, the activities of the segment polarity and columnar genes create a Cartesian coordinate system that bestows unique fates to individual neuroblasts as a function of their position of formation within the ectoderm. BioEssays 1999;21:922–931. © 1999 John Wiley & Sons, Inc. (shrink)

To achieve their goals, organizations for individuals with intellectual disability have to stimulate high-quality relationships between professionals and family members. Therefore, achieving professionals’ trust in family members has become a challenge. One relevant factor in explaining professional’s trust in families is the degree to which family members use the “problem-solving” conflict management strategy in their disputes–disagreements with professionals. It is reasonable to argue that when family members use problem-solving conflict management, professionals’ trust increases. Professionals’ trust, in turn, stimulates the use (...) of problem-solving strategies by family members. However, it is also plausible that professionals are the initiators of this positive spiral. To examine this relationship between problem solving and trust over time, we conducted a longitudinal survey study in which 329 professionals reported on these two constructs three times. Using structural equation modeling, we compared four nested models: stability, causality, reversed causation, and reciprocal. The results of the χ2 difference tests, regarding the comparison of the models, showed that the reciprocal model was significantly superior to the alternative proposals. Our findings supported a complex view of the relationships between problem-solving conflict management and trust, based on dynamic reciprocal relationships over time. (shrink)

After defining, for each many-sorted signature Σ = (S, Σ), the category Ter(Σ), of generalized terms for Σ (which is the dual of the Kleisli category for $${\mathbb {T}_{\bf \Sigma}}$$, the monad in Set S determined by the adjunction $${{\bf T}_{\bf \Sigma} \dashv {\rm G}_{\bf \Sigma}}$$ from Set S to Alg(Σ), the category of Σ-algebras), we assign, to a signature morphism d from Σ to Λ, the functor $${{\bf d}_\diamond}$$ from Ter(Σ) to Ter(Λ). Once defined the mappings that assign, respectively, (...) to a many-sorted signature the corresponding category of generalized terms and to a signature morphism the functor between the associated categories of generalized terms, we state that both mappings are actually the components of a pseudo-functor Ter from Sig to the 2-category Cat. Next we prove that there is a functor TrΣ, of realization of generalized terms as term operations, from Alg(Σ) × Ter(Σ) to Set, that simultaneously formalizes the procedure of realization of generalized terms and its naturalness (by taking into account the variation of the algebras through the homomorphisms between them). We remark that from this fact we will get the invariance of the relation of satisfaction under signature change. Moreover, we prove that, for each signature morphism d from Σ to Λ, there exists a natural isomorphism θ d from the functor $${{{\rm Tr}^{\bf {\bf \Lambda}} \circ ({\rm Id} \times {\bf d}_\diamond)}}$$ to the functor $${{\rm Tr}^{\bf \Sigma} \circ ({\bf d}^* \times {\rm Id})}$$, both from the category Alg(Λ) × Ter(Σ) to the category Set, where d* is the value at d of the arrow mapping of a contravariant functor Alg from Sig to Cat, that shows the invariant character of the procedure of realization of generalized terms under signature change. Finally, we construct the many-sorted term institution by combining adequately the above components (and, in a derived way, the many-sorted specification institution), but for a strict generalization of the standard notion of institution. (shrink)

We prove, by using the concept of schematic interpretation, that the natural embedding from the category ISL, of intuitionistic sentential pretheories and i-congruence classes of morphisms, to the category CSL, of classical sentential pretheories and c-congruence classes of morphisms, has a left adjoint, which is related to the double negation interpretation of Gödel-Gentzen, and a right adjoint, which is related to the Law of Excluded Middle. Moreover, we prove that from the left to the right adjoint there is a pointwise (...) epimorphic natural transformation and that since the two endofunctors at CSL, obtained by adequately composing the aforementioned functors, are naturally isomorphic to the identity functor for CSL, the string of adjunctions constitutes an adjoint cylinder. On the other hand, we show that the operators of Lindenbaum-Tarski of formation of algebras from pretheories can be extended to equivalences of categories from the category CSL, respectively, ISL, to the category Bool, of Boolean algebras, respectively, Heyt, of Heyting algebras. Finally, we prove that the functor of regularization from Heyt to Bool has, in addition to its well-known right adjoint (that is, the canonical embedding of Bool into Heyt) a left adjoint, that from the left to the right adjoint there is a pointwise epimorphic natural transformation, and, finally, that such a string of adjunctions constitutes an adjoint cylinder. (shrink)

Variations in levels of apolipoprotein E have been tied to the risk and progression of Alzheimer's disease . Our group has previously compared and contrasted the promoters of the mouse and human ApoE gene promoter sequences and found notable similarities and significant differences that suggest the importance of the APOE promoter's role in the human disease. We examine here three specific single-nucleotide polymorphisms within the human APOE promoter region, specifically at -491 , -427 , and at -219 upstream from the (...) +1 transcription start site. The -219 and -491 polymorphic variations have significant association with instance of AD, and -491AA has significant risk even when stratified for the APOEepsilon4 allele. We also show significant effects on reporter gene expression in neuronal cell cultures, and, notably, these effects are modified by species origin of the cells. The -491 and -219 polymorphisms may have an interactive effect in addition to any independent activity. DNA-protein interactions differ between each polymorphic state. We propose SP1 and GATA as candidates for regulatory control of the -491 and -219 polymorphic sites. This work's significance lies in drawing connection among APOE promoter polymorphisms' associations with AD to functional promoter activity differences and specific changes in DNA-protein interactions in cell culture-based assays. Taken together, these results suggest that APOE expression levels are a risk factor for AD irrespective of APOEepsilon4 allele status. (shrink)