The dispute settlement mechanism in FTAs is necessary as they provide means to settle disagreements on interpretation or compliance with treaty obligations. The dispute settlement mechanism help ease tensions among FTA parties and maintain healthy relationships among trading partners. Bashar H. Malkawi.

This research aimed to examine the agreement between body mass index -based nutritional status and perceived nutritional status overall and by socio-demographic factors and to state the association between the accuracy of weight perception and weight control practices in the Chilean adult population. A population-based cross-sectional study was carried out with 5,192 Chilean adult participants from the Chilean National Health Survey 2016–2017. Agreement between BMI-based weight status and body weight perception for the total sample and across subgroups (...) was determined using the weighted kappa coefficient. The agreement between BMI-based and perceived nutritional status of the total sample was fair. A higher rate of weight perception accuracy was identified in women, younger respondents, and participants with higher education, a higher income, and from urban areas than their counterparts. Respondents with overweight or obesity tended to underestimate their nutritional status. Actions to lose weight were higher in those who had the right perception of their overweight/obesity condition and those who overestimated their body weight, regardless of their nutritional status. In all groups, weight loss behaviors were more related to the perceived than the BMI-based nutritional status. The consequences of accurate perception of the nutritional status are discussed including its effects on body weight and mental health. (shrink)

The inclusion of animals in research studies involves a great responsibility to ensure animal welfare within the relevant ethical and legal frameworks. This study aimed to review compliance with the ARRIVE Essential 10 requirements and the ethical oversight of animal behaviour and welfare studies in farm animals. Three journals and a total of 133 articles were reviewed for compliance with the ARRIVE Essential 10 items and criteria. Each article obtained a final score according to whether or not each criterion was (...) met within each item. Likewise, ethical declaration in each article was recorded. Chi-square test and linear models were built to assess associations between the ethical statement presentation and the final ARRIVE Essential 10 score with the country, the species, and the journal. We found that 15% of the articles did not present an ethical statement. The journal with the highest impact factor and the countries of the Global South presented an ethical statement more frequently. Regarding the Essential 10, the item with the lowest agreement score was ‘Blinding’ and the one with the highest agreement was ‘Outcome Measures’. Also, significant differences were found between journals in terms of the Essential 10 score. Essential 10 provides relevant information that allows reviewers and readers to identify possible welfare risks and the validity of the results in animal welfare science publications. (shrink)

Narcissism is a truly Janusian phenomenon, consisting of both narcissistic grandiosity, exhibitionism, admiration-seeking, boldness, and dominance on the one hand, and narcissistic vulnerability, introversion, withdrawal, hypersensitivity, and anxiety on the other hand. While there is broad consensus that these two seemingly contradictory faces of narcissism can be empirically discerned and have different implications for psychological functioning and mental health, there is not yet agreement on whether grandiose and vulnerable narcissism should be regarded as independent traits or as two manifestations (...) of one personality trait. Previous research indicates that both views hold true when the level of grandiosity is considered a moderating factor: while grandiose and vulnerable narcissism are largely unrelated in the range of normal personality variation, they are correlated in the range of high grandiosity ( Jauk et al., 2017b ). Here, we replicate and extend this work in an independent sample ( N = 891) using a more comprehensive narcissism inventory grounded in a new trifurcated model of narcissism. The trifurcated model partitions narcissism into three main personality dimensions: agentic extraversion, antagonism, and neuroticism. We found a significant breakpoint in the association between narcissistic grandiosity and vulnerability at 75% cumulative frequency of grandiosity. While grandiosity and vulnerability are unrelated below this breakpoint ( r = 0.02), they are strongly correlated above ( r = 0.45). In the lower range of grandiose narcissism, grandiosity draws more upon agentic extraversion and is largely associated with mental health. In the upper range, however, grandiosity is more strongly linked to antagonism and is substantially associated with fear, negative affect, and depression. These findings provide evidence for the view that grandiose and vulnerable narcissism are distinct traits at lower levels of grandiosity, but blend into an antagonistic core with signs of psychological maladjustment at higher levels. Implications for research on narcissism as a personality trait, as well as clinical practice, are discussed. (shrink)

We recorded Event-Related Potentials to investigate differences in the use of gender information during the processing of reflexive pronouns. Pronouns either matched the gender provided by role nouns (such as “king” or “engineer”) or did not. We compared two types of gender information, definitional information, which is semantic in nature (a mother is female), or stereotypical (a nurse is likely to be female). When they followed definitional role-nouns, gender-mismatching pronouns elicited a P600 effect reflecting a failure in the agreement (...) process. When instead the gender violation occurred after stereotypical role-nouns the Event Related Potential response was biphasic, being positive in parietal electrodes and negative in anterior left electrodes. The use of a correlational approach showed that those participants with more “feminine” or “expressive” self sex-role descriptions showed a P600 response for stereotype violations, suggesting that they experienced the mismatch as an agreement violation; whereas less “expressive” participants showed an Nref effect, indicating more effort spent in linking the pronouns with the possible, although less likely, counter-stereotypical referent. (shrink)

This paper examines the legal conception of political parties. It does so by unearthing the history and ontology of the common law relating to political parties in international perspective. The flexibility of the unincorporated association, in which parties are understood through the private law of contract as networks of internal rules or agreements, rather than as legal entities, has proven to be a mask. In the common laws imagination, the ideal party is a ground-up organization animated by its membership. (...) But the law mandates no such thing, and in its statutory and constitutional conception intra-party democracy may be sublimated as parties need be no more than an electoral persona or brand. (shrink)

The Lithuanian success of implementing international obligation in order to encourage the regulation of labour relations by means of collective agreements is analyzed in this article. It is emphasized that development of social partnership is too slow, coverage of regulation of labour relations by means of collective agreement also is low-level and collective agreements basically are made at the plant level. It is noticed that, because of the need to find a suitable balance between implementing the international obligation to (...) encourage regulation of labour relations by means of collective agreements, and the necessity to undermine the raison d’être of the regulation by means of collective agreements itself, as the process, where attitudes of social partners has to be harmonised at maximum, the state has limited scope to influence the process of making collective agreements. (shrink)

Abstract:In contrast to “social contract” theories of the corporation, a moral justification of the corporation as actual, not hypothetical, agreement is presented. Central to the justification is the idea of personal projects, as developed by Loren Lomasky. The key idea is the role that corporations can play in the construction and advancement of personal, value-creating projects. The concept of the corporation as actual agreement, as a type of “right of association” theory, is defended against influential criticism of (...) such theories by Thomas Donaldson. (shrink)

The prevailing assumption is that anResearch underlying this study was conducted with support of the Russian Foundation for Basic Research grant #17-06-00460.agreement feature originates in one linguistic element, that is a controller, and is copied onto another one, a target. This form-to-form approach encounters massive difficulties when confronted with data, such as missing controllers or feature mismatches. A cognition-to-form mapping approach is proposed instead, suggesting that agreement features, such as person, number, and gender, are associated with referents in (...) the cognitive representation. They serve to specify referents on either notional or conventional grounds, and are thus referential features. Referential features are mapped onto various sites in linguistic structure, including inflections. Parallel agreement between various sites is observed, as a side effect of mappings from the same cognitive source. Languages differ in which and how many sites for marking referential features they require. Analysis of Russian evidence suggests that the cognition-to-form mapping approach has a much greater explanatory force than the traditional form-to-form approach. There are only peripheral classes of instances in which form-to-form agreement may be needed as a supplementary factor. In general, the roots of agreement lie in cognitively motivated discourse processes associated with reference. (shrink)

An international legal agreement governing the global antimicrobial commons would represent the strongest commitment mechanism for achieving collective action on antimicrobial resistance (AMR). Since AMR has important similarities to climate change—both are common pool resource challenges that require massive, long-term political commitments—the first article in this special issue draws lessons from various climate agreements that could be applicable for developing a grand bargain on AMR. We consider the similarities and differences between the Paris Climate Agreement and current governance (...) structures for AMR, and identify the merits and challenges associated with different international forums for developing a long-term international agreement on AMR. To be effective, fair, and feasible, an enduring legal agreement on AMR will require a combination of universal, differentiated, and individualized requirements, nationally determined contributions that are regularly reviewed and ratcheted up in level of ambition, a regular independent scientific stocktake to support evidence informed policymaking, and a concrete global goal to rally support. (shrink)

Ukraine is the largest country that is included in European Neighborhood Policy. That is why the European Union should spotlight relations with this eastern partner, especially by foreign policy instruments like association agreement. The focus here is on the EU’s involvement in the Ukrainian crisis in period from Maidan revolution at the end of 2013, which was occasioned by the rejection of the association agreement with the EU by President Viktor Yanukovych, and to the presidential election (...) in 2014. The main issue is to evaluate the EU’s scope to stabilize the political environment in the nearby neighborhood and eliminate threats, which are the results of war between Ukraine and Russia. (shrink)

Although the neural systems that underlie spoken language are well-known, how they adapt to evolving social cues during natural conversations remains an unanswered question. In this work we investigate the neural correlates of face-to-face conversations between two individuals using functional near infrared spectroscopy and acoustical analyses of concurrent audio recordings. Nineteen pairs of healthy adults engaged in live discussions on two controversial topics where their opinions were either in agreement or disagreement. Participants were matched according to their a priori (...) opinions on these topics as assessed by questionnaire. Acoustic measures of the recorded speech including the fundamental frequency range, median fundamental frequency, syllable rate, and acoustic energy were elevated during disagreement relative to agreement. Consistent with both the a priori opinion ratings and the acoustic findings, neural activity associated with long-range functional networks, rather than the canonical language areas, was also differentiated by the two conditions. Specifically, the frontoparietal system including bilateral dorsolateral prefrontal cortex, left supramarginal gyrus, angular gyrus, and superior temporal gyrus showed increased activity while talking during disagreement. In contrast, talking during agreement was characterized by increased activity in a social and attention network including right supramarginal gyrus, bilateral frontal eye-fields, and left frontopolar regions. Further, these social and visual attention networks were more synchronous across brains during agreement than disagreement. Rather than localized modulation of the canonical language system, these findings are most consistent with a model of distributed and adaptive language-related processes including cross-brain neural coupling that serves dynamic verbal exchanges. (shrink)

This is an excerpt from the contentThe Khmer Rouge Tribunal is charged with prosecuting senior leaders and those most responsible for mass crimes committed in Cambodia during the 1970s. It has a unique structure as a court formally embedded in the Cambodian domestic system but with international participation by the UN. Under the agreement between Cambodia and the UN, the Tribunal has been composed of both local and international judges. On July 19, 2007, the prosecutors submitted a list of (...) five persons to the Tribunal’s co-investigating judges and requested that they be indicted and brought to trial.The current volume III of a series of volumes in this collection provides for the final trial evidence submitted by the co-lawyers for civil parties and the final closing statements by the co-prosecutors as of 2009 in the trial of Kaing Guek Eav , chairman of Tuol Sleng prison, Security Center 21 where at least 12,272 ‘enemies of the revolution’ were sent to be “smashed” . T. (shrink)

Fifty years ago, on 12 September, 1963, the association agreement between the European Economic Community (EEC) and Turkey was signed in Ankara. However, in contrast to many other countries who applied later on, Turkey has not yet become a member of the EU. Nevertheless, Turkey’s candidacy to join the EU is still one of the most considerable and controversial topics within the European political arena. Within the accession negotiations, apart from human rights and the Kurdish and the Cypriot (...) issues, one of the greatest challenges to Turkey’s successful candidacy is the issue of respect for and protection of minorities. It might indeed represent an unsolvable problem, which will ultimately block Turkey joining the EU. Neither the EU nor Turkey has really come to terms or dealt with what the EU sees as an “unsatisfactory” protection of minorities in Turkey. What lies at the root of this disagreement is what the term “minority” actually means. Due to Turkey’s own nation state concept as being a united and undivided country and to the terms of the Treaty of Lausanne signed in 1923, which defined Turkey as a nation, the country only recognises non-Muslim minorities. Moreover, contrary to the wording of the minority protection clauses in the Treaty of Lausanne, Turkey restricts its recognition of non-Muslim minorities only to the Greek, Armenian and Jewish religious populations. Although being a non-Muslim group as well, the Assyrians are excluded from the Turkish concept of minorities and, therefore, also from minority protection. In contrast to that, the EU’s concept of minority includes ethnic, linguistic and religious minorities, which means that according to the EU’s concept of minorities, also ethnic minorities like the Kurds, linguistic minorities like the Laz and religious minorities like the Alevis are included in the term “minority” and, therefore, these minorities should benefit from specific minority protection rights. To find a common basis for discussing the unsatisfactory issue of minority rights in Turkey, the concept of “ethnic groups” is introduced by the author as the most promising approach to deal with this unreconciled conceptual difference. According to this concept, ethnic groups could form a sub-identity of Turkishness and help build a legal basis to the treatment of minority groups founded on human rights, which would be compatible with both Turkish and EU Law. (shrink)

An attentional-associative model (Schmajuk et al. 1996), previously evaluated against multiple sets of classical conditioning data, is applied to causal learning. In agreement with Mitchell et al.'s suggestion, according to the model associative learning can be a conscious, controlled process. However, whereas our model correctly predicts blocking following or preceding subadditive training, the propositional approach cannot account for those results.

The author has elsewhere defended the view that accepting a bribe involves the violation of an implicit or explicit promise or understanding associated with an office or position that one occupies and that therefore it is prima facie wrong to accept a bribe. Michael Philips has criticized this position in a recent paper. He argues that (a) there are cases in which accepting a bribe violates no promises or agreements, and (b) there are cases in which there is no prima (...) facie duty to refuse an offer of a bribe. The author offers replies to both of these objections. (shrink)

ABSTRACT:We examine supervisor-subordinate agreement regarding perceptions of the supervisor’s ethical leadership and its relationship to organizational deviance. We find that, on average, supervisors rate themselves more favorably on ethical leadership compared to how followers rate them. In addition, polynomial regression results reveal that unit-level organizational deviance is higher when there is agreement about lower levels of ethical leadership, and disagreement when supervisors rate themselves higher on ethical leadership than subordinates’ ratings of the supervisors. Finally, drawing on social influence (...) theories, we look at antecedents of agreement and find that supervisors’ beliefs about themselves and others are associated with self-other agreement on ethical leadership. (shrink)

Opioid treatment agreements are written agreements between physicians and patients enumerating the risks associated with opioid medications along with the requirements that patients must meet to receive these medications on an ongoing basis. The choice to use such agreements goes beyond the standard informed consent process, and has a distinctive symbolic significance. Specifically, it suggests that physicians regard it as important to hold their patients accountable for adhering to various protocols regarding the use of their opioid medications. After laying out (...) a taxonomy of accountability relationships between physicians and patients, I argue that opioid treatment agreements are only justifiable for physicians to use in their provision of care if they improve public health outcomes, which has yet to be demonstrated. (shrink)

The Stabilization and Association Agreement with the Republic of Kosovo is a new chapter in the new institutional and social functioning because it has direct impact on the citizens’ life in our country. The effects of the agreement are not only in trading but those are multiple effects, since they do touch the political stability, the rule of law, democratic governance, economic development, trade exchange, regional economic cooperation, etc. and therefore the relevance of this agreement should (...) not be seen from a single viewpoint, but rather from a wider perspective and we should dedicate more attention to the direct legal and trading issues. This agreement in the short term will create perspective and hope, in the middle term, it will create political stability, whereas in the long term, it will bring economic development, and genuinely trading exchange. (shrink)

The text considers the impossibility of abstracting away from the sense of formal con­structions in logical and mathematical researches. The validity of the application of the “formal methodology” is allowed only after some system of conventional notations and agreements has been accepted. The context determined by such agreements is called formal. A correlation of constructions and results obtained by formal methods within sev­eral formal contexts is impossible without a consideration of the various semantic aspects of the correlated formal constructions. The (...) author calls such correlations intercontextual. The paper examines two examples of such intercontextual comparisons to demonstrate the necessity of taking into account different semantic components of the compared for­mal constructions. In the context of these conclusions, the author raises the question of the structure and origin of some senses of the “symbols” used in formal constructions and of the “sequences of symbols” constructed from them. The author identifies three main sources of the semantic load carried by formal constructions. Firstly, these are the various aspects of semiotic usage: first of all, the general cultural and general profes­sional semiotic skills of the “interpreter”. Secondly, it is the sense given to formal con­structions by verbal comments, descriptions of the construction process and the associ­ated knowledge of the “interpreter”. Thirdly, these are the senses set by the formal con­structions themselves: at the stage of defining a formal language and at the stage of con­structing a formal deductive or semantic system. The author also considers the fallacy of the assumption of the existence of some universal “global intuition” associated with the very possibility of formal methodology. (shrink)

Objectives: The objectives of the study were to assess similarities and differences between breast cancer patients and their husbands in terms of doctor-patient/spouse relationships and shared decision making; and to investigate the association between breast cancer patients and husbands in terms of preference of type of doctor, doctor-patient relationship, and shared decision making regarding medical treatment. Method: Fifty-seven women with breast cancer, and their husbands, completed questionnaires measuring doctor-patient/spouse relationships, and decision making regarding medical treatment. Results: Patients believe they (...) have a key role in the medical decision-making process and that the participation of their husbands, and their agreement with the decision, is important. Both breast cancer patients and their husbands prefer a shared decision-making process to paternalistic or autonomy-based approaches. Conclusion: In contrast to legal and bioethical approaches, which focus on the patient as the primary decision maker, this study reflects a practical recognition of the role of the breast cancer patient's husband in the decision-making process. It also reflects a relational rather than an individualistic perception of patient autonomy. (shrink)

Greenland has a special relationship with the European Union due to its link with the Kingdom of Denmark - Greenland’s mother country. As a result, Greenland shares some parts of the EU’s internal market via association agreements. Greenland, has become a meeting place of American, European and Asian interests in the Arctic. It is therefore essential that the EU doesn’t lose the North and keeps strengthening its relationship with Greenland. After having focused its attention on the East and the (...) South, it is high time that the European Union looks further North, notably through a more ambitious Arctic Window in its Northern sphere of influence. (shrink)

According to the fear module theory, humans are evolutionarily predisposed to perceive snakes as prioritized stimuli and exhibit a fast emotional and behavioral response toward them. In Europe, highly dangerous snake species are distributed almost exclusively in the Mediterranean and Caspian areas. While the risk of a snakebite is relatively low in Central Europe, Azerbaijan, on the other hand, has a high occurrence of the deadly venomous Levant viper ( Macrovipera lebetina ). We hypothesize that co-habitation with this dangerous snake (...) has shaped the way in which humans evaluate snake species resembling it. For that purpose, we asked respondents from the Czech Republic and Azerbaijan to rank photographs depicting 36 snake species according to perceived fear and beauty. The results revealed a high cross-cultural agreement in both evaluations (fear r 2 = 0.683, p r 2 = 0.816, p. (shrink)

A conflict of interest is a situation in which a person has competing loyalties or interests that make it difficult to fulfil his or her duties impartially. Conflict of interest is not categorically improper in itself but requires proper management. A SCOPUS literature search was performed for publications on the efficacy/safety of Phospho-Di-Esterase Inhibitors for treating erectile dysfunction. A categorization tool was used to review and classify the publications as supportive/not-supportive for the discussed active ingredient and reporting or not reporting (...) a COI for that specific drug or for the remaining PDEIs. Multivariable binary logistic regression was performed. In the 419 selected records the prevalence of supportive opinions was higher when a COI for the index label was declared. The CoOpCaT showed good internal consistency, discriminative validity and intra/inter-rater agreement. The strongest predictor for a supportive opinion was the total number of financial COIs for the index label. A mild protective effect of the total number of financial COIs for any competitor label was noted. Financial COIs have frequently been associated with bias, and the measures currently adopted to restrain it lack effectiveness. Some evidence for monitoring and/or compensating this bias is reported here, but the ultimate solution remains distant. (shrink)

Measuring the rate at which the universe expands at a given time–the ‘Hubble constant’– has been a topic of controversy since the first measure of its expansion by Edwin Hubble in the 1920s. As early as the 1970s, Sandage and de Vaucouleurs have been arguing about the adequate methodology for such a measurement. Should astronomers focus only on their best indicators, e.g., the Cepheids, and improve the precision of this measurement based on a unique object to the best possible? Or (...) should they “spread the risks”, i.e., multiply the indicators and methodologies before averaging over their results? Is a robust agreement across several uncertain measures, as is currently argued to defend the existence of a ‘Hubble crisis’ more telling than a single 1% precision measurement? This controversy, I argue, stems from a misconception of what managing the uncertainties associated with such experimental measurements require. Astrophysical measurements, such as the measure of the Hubble constant, require a methodology that permits both to reduce the known uncertainties and to track the unknown unknowns. Based on the lessons drawn from the so-called Hubble crisis, I sketch a methodological guide for identifying, quantifying and reducing uncertainties in astrophysical measurements, hoping that such a guide can not only help to re-frame the current Hubble tension, but serve as a starting point for future fruitful discussions between astrophysicists, astronomers and philosophers. (shrink)

Reviewer evaluations and recommendations for 853 manuscript submissions, over a span of 4 years, are analyzed for evidence of particularistic bias, reviewer agreement, and predictive validity for forecasting a published manuscript's citation impact. Attributes of the submitters, their affiliated institutions, and the reviewers have little consistent association with reviewers' recommendations or editorial decision outcomes. Furthermore, reviewers' recommendations demonstrate a reasonable degree of agreement. However, neither reviewers' evaluative ratings across five dimensions nor publication recommendations can predict the number (...) of citations that a published article subsequently receives. Strengths and limitations of various features of the manuscript review process, as well as the importance of monitoring the process for particularistic biases and evidence of predictive validity, are discussed. (shrink)

BackgroundWhenever South African research institutions share human biological material and associated data for health research or clinical trials they are legally compelled to have a material transfer agreement in place that uses as framework the standard MTA newly gazetted by the South African Minister of Health.Main bodyThe article offers a legal analysis of the SA MTA and focuses on its substantive fit with the broader legal environment in South Africa, and the clarity and practicality of its terms. The following (...) problematic aspects of the SA MTA are highlighted: Where only data and no human biological material are transferred, the SA MTA does not apply, leaving a lacuna; Health Research Ethics Committees are required to be parties to a MTA despite it being outside their legal mandate and undermining their oversight function; the SA MTA’s consent provisions are not aligned with extant law; and, similarly, its provision on donor ownership is misaligned with extant law; its creation of fictitious performance can only cause frustration on the part of an injured party; its benefit-sharing provision is vague and will have little practical effect; its dispute-resolution provisions fail to adequately protect South African research institutions and research participants; it fails to provide substantive guidance regarding intellectual property as its provisions relating to intellectual property may cause practical problems; and, finally, its data privacy provision is insufficiently specific, is overbroad, and fails to provide terms that in general would facilitate the international sharing of human biological material and associated data in terms of existing privacy law.ConclusionsWhile some of the problematic aspects of the SA MTA are intricate and require consultative processes with stakeholders and others, to develop comprehensive solutions, most of the problematic aspects can be resolved immediately through amendments by the South African Minister of Health. The formulation of such amendments is proposed and, where possible, interim measures are suggested that may ameliorate the problems presented by the SA MTA. (shrink)

An historical review of authorship definitions and publication practices that are embedded in directions to authors and in the codes of ethics in the fields of psychology, sociology, and education illuminates reasonable agreement and consistency across the fields with regard to (a) originality of the work submitted, (b) data sharing, (c) human participants’ protection, and (d) conflict of interest disclosure. However, the role of the professional association in addressing violations of research or publication practices varies among these fields. (...) Psychology and sociology provide active oversight with sanction authority. In education, the association assumes a more limited role: to develop and communicate standards to evoke voluntary compliance. With respect to authorship credit, each association’s standards focus on criteria for inclusion as an author, other than on the author’s ability to defend and willingness to take responsibility for the entire work. Discussions across a broad range of research disciplines beyond the social sciences would likely be beneficial. Whether improved standards will reduce either misattribution or perceptions of inappropriate attribution of credit within social science disciplines will likely depend on how well authorship issues are addressed in responsible conduct of research education (RCR), in research practice, and in each association’s ongoing efforts to influence normative practice by specifying and clarifying best practices. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Diacritics 30.3 (2000) 28-39 [Access article in PDF] Chateaubriand and the Politics of (Im)mortality Marie-hélène Huet In the twenty-sixth book of his Mémoires d'outre-tombe, Chateaubriand recounts his 1821 arrival at the French embassy in Berlin. He cites a flattering portrait of him written by the Baroness of Hohenhausen and published in the morning press on March 22: "M. de Chateaubriand is of a somewhat short, yet slender, stature. His (...) oval face has an expression of reverence and melancholy. He has black hair and black eyes that glow with the fire of his mind." 1 At this point, Chateaubriand flatly adds: "Mais j'ai les cheveux blancs; j'ai plus d'un siècle, en outre, je suis mort" ("But I have white hair; I am more than a century old, besides, I am dead") [2:39]. 2 Of course, those startling words, "en outre, je suis mort" do not refer to the year 1821, nor to the time Chateaubriand is writing this account. Rather, they refer to the time we, readers, turn to this specific page of the Mémoires: as you are reading this, Chateaubriand reminds us, I am dead. The words wrest us away from the event he is relating, his arrival in Berlin, to remind us in the most direct terms that our reading of these words necessarily entails the death of their author. Moreover, the French en outre brings us back to the very title of the Mémoires d'outre-tombe: outre-tombe, from beyond the grave.In 1836, Chateaubriand signed a contract with a society of shareholders: in exchange for an immediate payment of 156,000 francs and a life annuity, he sold "the literary ownership of his Mémoires as they existed and as they would exist at his death." 3 Commenting on this transaction, Maurice Levaillant notes: "With this agreement, Chateaubriand bought material security at the price of a concession that he never got over: instead of appearing after a period he had first prescribed as fifty years after his death, his Mémoires would suddenly appear, so to speak, live from his grave" [xv]. As Chateaubriand put it in his avant-propos, the publication would take place "as soon as my bell tolls!" [1:1].The contract for the Mémoires is described as a painful necessity: "No one can know how much I have suffered from having been required to mortgage my grave" [1:1]. The formula "mortgage my grave" is suggestive in that it metonymically shifts the object of economic exchange from the work being sold, that is, the Mémoires, to the grave, which Chateaubriand always associated with literary creation. Indeed, the association between memoirs and tomb that provides the title of the work is echoed and amplified by a constant relation within the text between the grave and the act of writing. [End Page 28]In the avant-propos, a few lines after lamenting the mortgaging of his grave, Chateaubriand also reports that he has secured an islet in the bay of Saint-Malo, the Grand-Bé, to serve as his burial site. 4 Proposing an arrangement rigorously parallel to the desired legal agreement for the Mémoires, he adds that, should he die outside of France: "I wish that my body not be brought back to my homeland until fifty years after an initial burial" [1:3]. A half-century of silent mourning seemed to be the ideal length of time for the public to wait before discovering, and possibly disturbing, both his mortal remains and his immortal work.Not that this intimate relationship between death and writing resulted from the specific circumstances of the Mémoires. Twenty years earlier, in the second preface to the Essai sur les Révolutions, Chateaubriand had already described himself as "a writer who believed he had reached the end of his life, and who, in the destitution of exile, had nowhere to write, but upon his own gravestone" [7]. The tomb stands for death, just as it stands for Chateaubriand's creative works. In an essay... (shrink)

Many psychological scientists and behavioral neuroscientists affirm that “emotion” influences thinking, decision-making, actions, social relationships, well-being, and physical and mental health. Yet there is no consensus on a definition of the word “emotion,” and the present data suggest that it cannot be defined as a unitary concept. Theorists and researchers attribute quite different yet heuristic meanings to “emotion.” They show considerable agreement about emotion activation, functions, and regulation. The central goal of this article is to alert researchers, students, and (...) other consumers of “emotion” research to the multiple meanings or aspects that distinguished scientists attribute to ”emotion,” increase appreciation of its interesting and challenging complexity, and sharpen perspectives on “emotion” and the associated body of literature that is of critical significance to science and society. (shrink)

The review examines different essays from the context set by the idea of 'everyday aesthetics'. Confronted with the notion of "everyday aesthetics," one is immediately faced with some problems of definition. Such problems potentially threaten the viability of the everyday aesthetics project to extend the scope of philosophical aesthetics, so that, as Jonathan Smith suggests in his introduction to this collection of essays, "nothing in the everyday world (or at least very little) can be supposed devoid of the power to (...) excite an aesthetic response." "Everyday" can mean both "daily" and "ordinary," and while the two definitions often coincide in practice, there's no necessary connection: we can conceive the "daily" as remarkable, and the "ordinary" may not be a regular occurrence. If we focus on the aesthetics of the "daily," we might wonder which particular daily occurrences we can be properly said to experience aesthetically and if this means some reassessment of the category of "aesthetic objects" is required, given that "daily" is so often associated with the mundane, the nonaesthetic. Alternatively, if we conceive an aesthetics of the "ordinary" (with agreement on this classification of certain events and objects), then our notion of the "aesthetic" now seems vulnerable on either of two counts: (1) to claims of incoherence, given any agreement that exemplary aesthetic experience, at least, is fundamentally not of the "ordinary" (and never of the "ugly," of the stained, damp, cracked, and so on, in our domestic lives) but of an extraordinary class of events and objects called "art"; (2) to claims of cognitive and moral triviality (to amorality too, perhaps, that it's possible then, after Thomas de Quincy, to appreciate the way a murder is done), so that the aesthetic response is understood as merely a subjective, noncritical "look and feel" response to (almost) everything. It should be evident, then, that the notion of everyday aesthetics needs clarification before it can be of value to those interested in instructing or helping people to live aesthetic lives, and that such work of clarification gets to the very heart of philosophical aesthetics: answers to questions about what constitutes the "aesthetic" in life will inform all aspects of aesthetic inquiry, education, and practice, including the making and appreciating of artworks. (shrink)

Feminist argumentation theorists have criticized the Dominant Adversarial Model in argumentation, according to which arguers should take proponent and opponent roles and argue against one another. The model is deficient because it creates disadvantages for feminine gendered persons in a way that causes significant epistemic and practical harms. In this paper, I argue that the problem that these critics have pointed out can be generalized: whenever an arguer is given a role in the argument the associated tasks and norms of (...) which she cannot fulfill, she is liable to suffer morally significant harms. One way to react to this problem is by requiring arguers to set up argument structures and allocate roles so that the argument will be reasons-reflective in as balanced a way as possible. However, I argue that this would create to heavy a burden. Arguers would then habitually have to take on roles that require them to divert time and energy away from the goals that they started arguing for and instead serve the goal of ideal reasons-reflectiveness. At least prima facie arguers should be able to legitimately devote their time and energy towards their own goals. This creates a problem: On the one hand, structures that create morally significant harms for some arguers should be avoided—on the other hand, arguers should be able to take argument-roles that allow them to devote themselves to their own argumentative goals. Fulfilling the second requirement for some arguers will often create the morally significant harms for their interlocutors. There are two possible solutions for this problem: first, arguers might be required to reach free, consensual agreements on the structure they will adopt for their argument and the way they will distribute argumentative roles. I reject this option as both fundamentally unfeasible and practically unrealistic, based on arguments developed by theorists like Krabbe and Jacobs. I argue that instead, we should take a liberal view on argument ethics. Arguers should abide by moral side constraints to their role taking. They should feel free to take roles that will allow them to concentrate on their argumentative goals, but only if this does not create a situation in which their interlocutors are pushed into a role that that they cannot effectively play. (shrink)

The development of nursing began in Poland much later than it did elsewhere, for instance in the United Kingdom, the United States, or Germany, and it came up against difficult conditions. After a brief twenty‐year period of development between 1918 and 1939, it almost stalled during the war (1939–45), only to be followed by nearly twenty years of chaos. Nursing started to come out of this difficult period at the beginning of the 1960s. The turn of the 21st century saw (...) the emergence of extensive professional development and training opportunities for nurses. This change was brought about as much by political, social and economic issues, health care requirements, and the advancement of science, medicine, the birth of humanitarism, the growth of the feminist movement, the European Agreement on the Instruction and Education of Nurses, the WHO European Strategy for Nursing and Midwifery Education, the Bologna declaration, as well as the activities undertaken by the European Union, the International Council of Nurses, the American and Polish Red Cross, the Rockefeller Foundation, the Polish Association of Nurses, and the professional self‐governing body. The transformation of nursing into an independent profession was further boosted by physicians deeply involved in the issue and female pioneers of nursing. (shrink)

The most important reason underlying the success of the Crusaders taking Antakya from Muslims and entering the Syrian and Palestinian territories is undoubtedly the division among the Muslims. This division was not only among the dynasties, but also the cities. The Muslim rulers of Damascus have sat up alliances with the Crusaders to protect themselves from neighboring Muslim rulers. Of course, this alliance was more of a role for the Crusaders, making it easier for them to hold on to the (...) region, and strengthening them by acquiring new lands. Damascus's opposition posture caused power and time loosing to Muslim rulers, which served the Crusaders and to take the advantage of this controversy. Damascus continued its opponent position after Saladin (d. 589/1193), and quarrels within the dynasty caused the Crusaders to breathe deeply and as well as Jerusalem to fall into the hands of the Crusaders for a while again. During the Mamluks period, Damascus, who showed his opposing face for a short period of time, but afterwards he attained peace and obedience and also occupied comply with Rukn al-Dīn Baybars al-Bunduqdārī (d. 676/1277). In this article we will analyze the opposing stance of Damascus and his role in the Crusades. Summary: Pearl of Syria, Damascus has a rebellious and oppositional aspect as well. This feature of the city came into prominence further with the coming of the Crusaders to the region. Its oppositional stance and uncompromising aspect sometimes played into the hands of the Crusaders unintentionally. When the Crusaders first came to the surrounding of Antakya, the governor of Damascus, Duqāq did not provide the necessary support to Yaghisiyan who was encircled in Antakya by the Crusaders, due to his inexperience, jealousy and his hostile competition with his brother, Ridvan who is emir of Aleppo. Thus, the Crusaders used this opportunity.Atabeg of Duqāq, Tughtakīn who started to command the city after the death of Duqāq did not support especially Mawdūd who struggled against the Crusaders in Urfa, adequately. Besides, he was accused of getting Mawdūd killed by another separatist power of the region, the Assassins in the great mosque of the city. On top of it, he allied with the Crusaders, because he was troubled with the commander Porsuk sent to the region by the Sultan of Great Saljūq Empire, Mohammed Tapar. He caused the heroic warrior, Porsuk to be defeated near Tel-Dānis by the Crusaders and to die in Al Jazīrah after a short time.Soon after the above events, ‘Imāduddīn Zengī focused on Damascus and tried to establish the Islamic unity. The son of the ruler Böri, called Ismail became isolated because of the poor administration in the city. He resorted to inviting Zangī to the city. However, Ismail was killed by the opponents before the arrival of Zangī, so no result could be accomplished. Later, Zangī focused on the city again. Although he mercilessly treated the resisters in Ba’lebek after occupying there to demotivate the community of Damascus, he faced the serious resistance of the forces of Damascus. While Zangī spent all his energy to Damascus, the king of Jerusalem, Foulque improved his policy for Syria to some extent and could reestablish communication with the states of the Crusaders. The community Damascus helped the Crusaders and eased their work unintentionally once more.The Mamlūk called Uner began to govern Damascus on behalf of the forces of Bori who lost their influence in the city. Uner who developed a close relationship with the Crusaders to prevent the dominance of Zangī in the city did not hesitate to send an envoy to them. He promised to give Banyas to the Crusaders in return for moving Zangī away from Damascus. After the Franks accepted the proposal of Uner, Zangī remained in between the forces of Damascus and the Crusaders and was obliged to recede to Aleppo. In this way, the Crusaders occupied the castle of Banyas. Several locations until Buzaa were seized by the Crusaders in Antakya who found the opportunity.Zangī was martyred in front of Jaabar castle in 541/1146, so his son Nūr al-dīn became the new ruler of Damascus. Nevertheless, the following incidents caused Nūr al-dīn and Uner to get closer to each other, and the Crusaders had to move away from Damascus. First, the administrator of Havran under the control of Uner rose against his governor and turned to the Crusaders. Besides, the Second Crusade in Damascus contributed to the association of Damascus and Aleppo for a while. Following the elimination of both endangers, the association of Damascus and Aleppo resumed. Uner established a close contact with the Crusaders and made a two-year agreement with them to prevent Nūr al-dīn from seizing the city. Uner died after some time, but almost nothing changed. The new governor of the city Mucīruddin ‘Abaq kept the association of the Crusaders. An operation of Nūr al-dīn against the city was averted with the help of the Crusaders again. Mucīruddin got closer to the Crusaders after their help. Their close relationship was strengthened with the mutual visits of the committees of the Crusaders and Damascus. The Artuquid governor Timurtāsh decided to organize a military expedition to Jerusalem after a little while. However, Mucīruddin who worried about the possible dissolution of their association with the Crusaders stopped supporting him, so Timurtāsh failed in his expedition. Mucīruddin improved his relations with the Crusaders further and started to pay tribute to them following their invasion of ‘Asqalān’s in 548/1153. Even, ‘Abaq offered officially his commitment to Jerusalem. Even though the spoilt Crusaders plundered and destroyed the surrounding of Damascus, they kept the administrators of Damascus with them. Moreover, they went further and offered them to give Ba’lebek to them in return for moving Nūr al-dīn away from Damascus. Such acts provoked the community of Damascus who opposed to the dynasty of Bori in the city afterward. Nūr al-dīn welcomed this opportunity and seized Damascus in 549/1154 by means of the public without giving any chance to coming of the Crusaders. Damascus was governed by Nūr al-dīn for approximately twenty years. A disagreement arose among the community of Zangī in the city after the decease of Nūr al-dīn in 569/1174, thus leading to the dominance of Ṣalādīn Ayyubi in the city. The Ayyubids began to govern Damascus, but internal conflicts started among them with the death of Ṣalādīn in 589/1193. Similarly, Damascus was the focus of these conflicts. The Ayyubids in Egypt were the other party of the disagreement. Unfortunately, the Crusaders benefited from such rivalries. When the senior member of the family al-Adil dominated Damascus in 592/1196, the Crusaders who increased their domain had seized Beirut. Egypt and Damascus got closed temporarily during the Fifth Crusade. After the Crusaders withdrew from Damietta, two brothers, al-Muazzam and al-Kᾱmil fought with each other again. Damascus and Egypt chose the Khwarezmian dynasty and Friedrich in Sicilia as ally, respectively. Unexpected death of al-Muazzam during the preparations for the Sixth Crusade resulted in the siege of Damascus by the forces of Egypt. Friedrich reached Akkā over the course of the siege. al-Kᾱmil who played for time to seize Damascus delivered Jerusalem to the Crusaders. Later, the internal conflicts about the new dynasty which arose in Damascus weakened the Ayyubids and made the Crusaders advantageous. Finally, Damascus found tranquility with the dominance of Baybars in the city. (shrink)

The Israeli health care system is looked upon by some people as one of the most advanced health care systems in the world in terms of access, quality, costs and coverage. The Israel health care system has four key components: (1) universal coverage; (2) ‘cradle to grave’ coverage; (3) coverage of both basic services and catastrophic care; and (4) coverage of medications. Patients pay a (relatively) small copayment to see specialists and to purchase medication; and, primary care is free. However, (...) during 2011 the Israeli Medical Association (IMA) spent 5 months on a strike, justifying it as trying to ‘save’ the Israeli public health. This paper describes some aspects of the Israeli Health Care System, the criteria for setting priorities for the expenditures on health care and values underlying these criteria. The paper observes that the new agreement between the IMA and the government has given timely priority to problematic areas of specialization (in which there is an acute shortage of physicians) and to hospitals in the periphery of the country. Yet weak points in the health system in Israel remain. Particularly, the extent to which national health care expenditures are being financed privately—which is rising—and the parallel decline in the role of government financing. (shrink)

The present study uses event-related potentials to examine subject–verb person agreement in Spanish, with a focus on how markedness with respect to the speech participant status of the subject modulates processing. Morphological theory proposes a markedness distinction between first and second person, on the one hand, and third person on the other. The claim is that both the first and second persons are participants in the speech act, since they play the speaker and addressee roles, respectively. In contrast, third (...) person refers to whomever is neither the speaker nor the addressee (i.e., it is unmarked for person). We manipulated speech participant by probing person agreement with both first-person singular subjects (e.g., yo…lloro “I…cry- 1ST PERSON-SG ”) and third-person singular ones (e.g., la viuda…llora “the widow…cry- 3RD PERSON-SG ”). We also manipulated agreement by crossing first-person singular subjects with third-person singular verbs (e.g., yo… ∗ llora “I…cry- 3RD PERSON-SG ”) and vice versa (e.g., la viuda… ∗ lloro “the widow…cry- 1ST PERSON-SG ”). Results from 28 native speakers of Spanish revealed robust positivities for both types of person violations, relative to their grammatical counterparts between 500 and 1000 ms, an effect that shows a central-posterior distribution, with a right hemisphere bias. This positivity is consistent with the P600, a component associated with a number of morphosyntactic operations (and reanalysis processes more generally). No negativities emerged before the P600 (between 250 and 450 ms), although both error types yielded an anterior negativity in the P600 time window, an effect that has been argued to reflect the memory costs associated with keeping the errors in working memory to provide a sentence-final judgment. Crucially, person violations with a marked subject (e.g., yo… ∗ llora “I…cry- 3RD PERSON-SG ”) yielded a larger P600 than the opposite error type between 700 and 900 ms. This effect is consistent with the possibility that, upon encountering a subject with marked features, feature activation allows the parser to generate a stronger prediction regarding the upcoming verb. The larger P600 for person violations with a marked subject might index the reanalysis process that the parser initiates when there is a conflict between a highly expected verbal form (i.e., more so than in the conditions with an unmarked subject) and the form that is actually encountered. (shrink)

Background: Nurses’ voices remain unheard in most debates about euthanasia, although their crucial role in the euthanasia process is widely acknowledged. Moreover, in Canadian euthanasia law, nurses have a more active role, which further highlights the need for knowledge about nurses’ attitudes towards their role in the euthanasia process. Research questions: What are Finnish nurses’ attitudes towards their potential role in the euthanasia process? Which characteristics are associated with those attitudes? Research design: Cross-sectional web-based survey. Participants and research context: 1003 (...) nurses, recruited via social media and the members’ bulletin of the Finnish Nurses Association. Ethical considerations: Ethical approval was obtained from the Committee on Research Ethics of the university to which the first author was affiliated. Findings: The great majority (85.2%) of nurses felt that their perspective should be considered in decision-making related to euthanasia. Furthermore, most of the participants (74.7%) reported willingness to participate in the euthanasia process if it were legal, and 88.6% agreed that a nurse should be present when euthanasia is performed if the patient wishes so. Furthermore, over half agreed that some of the preparatory tasks were part of their job description. However, a minority (32.9%) agreed with a possible obligation to participate based on their profession. Nurses’ age, religiosity and educational level influenced their attitudes in the current results. Discussion: Despite the strong agreement on decision-making concerning euthanasia and participation in the euthanasia process, obligation to participate based on the profession was rejected by most participants. Nurses regarded themselves as consultants in the decision-making process, which may indicate their unwillingness to share the responsibility for the decision itself. Conclusion: Specific safety mechanisms should be considered to protect nurses who refuse to be involved in the euthanasia process due to harm that involuntary participation might cause. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Evaluation of Implicit AnthropologiesJochen Fahrenberg (bio) and Marcus Cheetham (bio)Keywordsmind-body, philosophical assumptions, human natureThe three commentaries and the reviewer’s notes contain valuable reflections and expand on number of important points. There is general agreement that surprisingly little is known about psychologists’, psychotherapists’, clinicians’, and other professionals’ philosophical assumptions about human nature. It is conceivable that these implicit anthropologies represent a potential source of bias in research and (...) practice and that further research is therefore justified.Doctor Walach emphasizes the pluralism of world views, which is evident in the questionnaire response patterns. The findings contradict the assumption that monism, immanence, and a scientific worldview are predominant preconceptions. Instead, psychology students mostly favor ontological or methodological dualism, and con-firm that they have spiritual beliefs or indeed some belief in paranormal phenomena. From this, Dr. Walach extends his thought-provoking perspective to folk psychology, as opposed to mainstream psychology, and reflects on the influence of individual beliefs on scientific culture. It is especially from this perspective that the investigation of certain key concepts and belief systems should be given every encouragement.Doctors Wells and Rackley were particularly interested in the implicit anthropologies of clinicians. They are inclined to attribute individual differences in understanding and interaction with patients to “psychological” traits or to momentary experience rather than to philosophical beliefs. The latter view was supported by the majority of students in our investigation. With respect to psychotherapists and clinicians, our article contained only a short reference to the interviews conducted by Wider. The majority of the forty-two professionals taking part in this pilot study assumed that there may be such differential biases in their fields, but they conceded that the momentary clinical condition and pragmatic necessities would often override such biases. An empirical investigation to differentiate psychological, pragmatic–clinical, and philosophical factors and the associated bias would be an ambitious project; very careful interviews and perhaps participant observation would be necessary. But before undertaking such a study, further descriptive studies and the development of testable hypotheses are required.Doctor Brendel referred to the intricacies of the mind–body problem. We agree that many of the recent philosophical writings show nonreductive physicalism to be among the highly favored conceptions. (We do not know whether this discourse represents the majority opinion of philosophers, psychologists, clinicians, or even neuroscientists.) [End Page 213] The inclusion of this specific conception in the multiple-choice item list would require the inclusion of a specific vocabulary and some definitions that are controversial, even among the proponents of nonreductive physicalism. We decided to restrict the wide spectrum of concepts to five categories. Doctor Brendel goes on to voice explicit support for the conceptualization proposed by Horgan, who recommended a pragmatic approach and the use of double vocabularies. He suggests that context-related features in a given instance would suffice for selecting the most appropriate explanation. It is, however, conceivable that close examination of the decision process would reveal criteria containing or stemming from philosophical assumptions.Doctor Walach makes reference to the complementarity principle, which has a certain intellectual appeal when cross-category relationships are considered, and is not restricted to the domain of physics. Compared with a double-language dualism, the complementarity principle postulates that both frames of reference are fundamentally different in categories, exhaustive within their specific explanation scheme, but are essentially incomplete if, for example, brain and consciousness are viewed as a whole.Pertinent methodological aspects were already addressed in the article and endnote. However, the appropriateness of a questionnaire with which to assess philosophical standpoints will continue to be met with concern and require careful consideration. It is clear that there is no other practical method for gathering in a population like first-year students of psychology representative data about ontological beliefs, religious attitudes, or assumptions on human nature.Doctors Wells and Rackley noted discrepancies in the response to two items relating to spiritual existence after death and the cessation of consciousness with biological death. The two statements seem to be contradictory and the observed inconsistencies point to possible misunderstandings, response tendencies, context-dependent effects, or other shortcomings well-known in research using personality questionnaires. However, the assumed postmortal existence... (shrink)

In 1947, Jacques Maritain argued before the UN that “men mutually opposed in their theoretical conceptions can come to a merely practical agreement regarding a list of human rights.” Maritain justified this thesis using a progressive theory of the natural law which rests on a distinction between the natural law as operative in human nature and the natural law as known and articulated. Drawing on Maritain’s 1951 Man and the State, this essay defends a MacIntyrian reading of Maritain’s thesis (...) and its plausibility against four objections from Ralph McInerny, Charles Taylor, and Alasdair MacIntyre himself. (shrink)

Large mining projects can generate highly inequitable outcomes, with affected communities bearing the burden of social and environmental costs while economic benefits accrue largely to domestic and foreign metropolitan centres. This raises important ethical and social justice issues, as does the finite nature of mineral resources, which can mean that current generations enjoy the benefits of mining while future generations bear the costs of environmental and social impacts that can continue long after mining ends. During recent decades two broad approaches, (...) voluntary industry initiatives and government regulation, have been employed in attempts to achieve a more equitable distribution of mining’s positive and negative effects. Both have serious drawbacks. Industry initiatives are ultimately voluntary and may be abandoned in tough economic times; they can be highly variable across companies and projects; and they suffer from serious compliance issues. Public regulation can be inflexible, is subject to industry capture, and in many major mineral producing nations a ‘retreat from regulation’ is reducing its relevance. This article considers whether, and under what conditions, a third and emergent instrument, community development agreements, can help overcome the shortcomings associated with industry initiatives and public regulation. It argues that CDAs have considerable potential in this regard, but that communities can encounter significant practical challenges in their negotiation and implementation. In addition, disparities in negotiation power between communities and project developers can result in inequitable agreements, indicating a continued need for government involvement to create a more level ‘negotiation terrain’. (shrink)

Must the state handle the adjudication of disputes? Researchers of different perspectives, from heterodox scholars of law who advocate legal pluralism to libertarian economists who advocate the privatization of law, have increasingly questioned the idea that the state is, or should be, the only source of law. Both groups point out that government law has problems and that non-state alternatives exist. This Article discusses some problems with the public judicial system and several for-profit alternatives. Public courts lack both incentives to (...) embrace customer orientation and pricing mechanisms, plus they face problems associated with the bureaucratic provision of services. When parties are able to choose their tribunals, in contrast, those tribunals must provide service to customers and be mindful about conserving resources. Competition between arbitrators also can allow for experimentation and the provision of customized services rather than a centrally planned, one-size-fits-all system. Contracts with arbitration clauses can easily stipulate the choice of tribunal, and we argue that if government courts simply refused to overrule binding arbitration agreements, de facto privatization could easily take place. This Article discusses how the private adjudication of disputes could enable the market to internalize externalities and provide services that customers desire. (shrink)

It is widely agreed, claims John Horton, “that the core of the concept of toleration is the refusal, where one has the power to do so, to prohibit or seriously interfere with conduct one finds objectionable”.1 Liberals champion toleration as one of the main political virtues of a just society. The tolerant society is one which protects a diverse array of fundamental freedoms ranging from freedom of conscience and religion to freedom of expression and freedom of association. Secure in (...) the knowledge that the constitution guarantees these various freedoms, citizens can freely pursue the lifestyles they find most fulfilling, regardless of the fact that the majority of people may or may not find their.. (shrink)

Habituation is defined as a decline in responding to a repeated stimulus. After more than eighty years of research, there is an enduring consensus among researchers on the existence of 9-10 behavioral regularities or parameters of habituation. There is no similar agreement, however, on the best approach to explain these facts. In this paper, we demonstrate that the Sometimes Opponent Processes (SOP) model of stimulus processing accurately describes all of these regularities. This model was proposed by Allan Wagner as (...) a quantitative elaboration of Priming Theory, which states that the processing of a stimulus, and therefore its capacity to provoke its response, depends inversely on the degree to which the stimulus is pre-represented in short-term memory. Using computer simulations, we show that all the facts involving within-session effects or short-term habituation might be the result of priming from recent presentations of the stimulus (self-generated priming). The characteristics involving between-sessions effects or long-term habituation would result from the retrieval of the representation of the stimulus from memory by the associated context (associatively-generated priming). (shrink)

Justice, one of the four Beauchamp and Childress prima facie basic principles of biomedical ethics, is explored in two excellent papers in the current issue of the journal. The papers stem from a British Medical Association essay competition on justice and fairness in medical practice and policy. Although the competition was open to all comers, of the 235 entries both the winning paper by Alistair Wardrope1 and the highly commended runner-up by Zoe Fritz and Caitríona Cox2 were written by (...) practising doctors—a welcome indication of the growing importance being accorded to philosophical reflection about medical practice and practices within medicine itself. Both papers are thoroughly thought provoking and represent two very different approaches to the topic. Each deserves a careful read. The competition was a component of a BMA 2019/2020 ‘Presidential project’ on fairness and justice and asked candidates to ‘use ethical reasoning and theory to tackle challenging, practical, contemporary, problems in health care and help provide a solution based on an explained and defended sense of fairness/justice’. In this guest editorial I’d like to explain why, in 2018 on becoming president-elect of the BMA, I chose the theme of justice and fairness in medical ethics for my 2019–2020 Presidential project—and why in a world of massive and ever-increasing and remediable health inequalities biomedical ethics requires greater international and interdisciplinary efforts to try to reach agreement on the need to achieve greater ‘health justice’ and to reach agreement on what that commitment actually means and on what in practice it requires. First, some background. As president I was offered the wonderful opportunity to pursue, with the organisation’s formidable assistance, a ‘project’ consistent with the BMA’s interests and values. As a hybrid of general medical practitioner and philosopher/medical ethicist, and as a firm defender of the Beauchamp …. (shrink)

The United Nations Scientific, Education and Cultural Organisation (UNESCO) has commenced drafting a Universal Bioethics Declaration. Some in the relevant UNESCO drafting committee have previously desired to restrict its content to general principles concerning the application (but not necessarily the goals) of science and technology. As potentially a crucial agenda-setting statement of global bioethics, however, it is arguably important the Universal Bioethics Declaration transparently address major bioethical dilemmas in the field of public health, such as universal access to affordable, essential (...) medicines. Article 13 (Social Responsibility) of the Preliminary Draft Universal Bioethics Declaration states: ‘Any decision or practice shall ensure that progress in science and technology contributes, wherever possible, to the common good, including the achievement of goals such as: (i) access to quality health care and essential medicines, including for reproductive health and the health of children.’Cost effectiveness pricing systems, such as that most notably used in Australia’s Pharmaceutical Benefits Scheme (PBS), arguably represent one of the most scientifically effective mechanisms whereby public monies may be utilised to assist in the provision of medicines for the common good. They contain two essential elements: first, a process of scientific evaluation of objectively demonstrated therapeutic significance, and then, a fiscal lever (the government reimbursement price) attached to that evaluation.It is now well established that the US Pharmaceutical Research and Manufacturers Association (Pharma), through the assistance of the US Trade Representative (USTR), saw the Australia United States Free Trade Agreement (AUSFTA) as an opportunity to fulfill a legislative mandate to ‘eliminate ’ the cost-effectiveness pricing system in Australia’s PBS. One of the most remarkable features of the arguments raised against the PBS in this context was the fact that they made almost no reference to the normative discourse of bioethics or international human rights. Provisions such as Article 13 in UNESCO’s Universal Bioethics Declaration, although they will create no immediate obligations under international law, may play an extremely valuable role in legitimising the use of bioethical and human rights concepts in access to medicines debates surrounding multilateral and bilateral international trade deals such as the AUSFTA. (shrink)

Background: The coronavirus disease 2019 pandemic is impacting the delivery of healthcare worldwide, creating dilemmas related to the duty to care. Although understanding the ethical dilemmas about the duty to care among nurses is necessary to allow effective preparation, few studies have explored these concerns. Aim: This study aimed to identify the ethical dilemmas among clinical nurses in Spain and Chile. It primarily aimed to (1) identify nurses’ agreement with the duty to care despite high risks for themselves and/or (...) their families, (2) describe nurses’ well-being and (3) describe the associations between well-being and the duty to care. Research design: Cross-sectional self-reported anonymous data were collected between May and June 2020 via electronic survey distribution (snowball sampling). Ethical considerations: The Institutional Ethical Review Committees in both countries approved the study (CHUC_2020_33 and 27/2020). Findings: In total, 345 clinical nurses answered the primary question about the duty to care for the sick. Although in the total sample 77.4% agreed they have a duty to care for the sick, significant differences were found between the Spanish and Chilean samples. Overall, 53.6% of the nurses reported low levels of well-being; however, among those reporting low well-being, statistically significant differences were found between Spanish and Chilean nurses as 19.4% and 37.8%, respectively, disagreed with the statement regarding the duty to care. Discussion: Participants in both countries reported several ethical dilemmas, safety fears, consequent stress and low well-being. These results suggest that prompt actions are required to address nurses’ ethical concerns, as they might affect their willingness to work and psychological well-being. Conclusion: Our findings shed light on the ethical dilemmas nurses are facing related to the duty to care. Not only has the coronavirus disease 2019 pandemic given rise to ethical challenges, but it has also affected nurses’ well-being and willingness to work during a pandemic. (shrink)

While the benefits of including local communities in multi-stakeholder initiatives have been acknowledged, their successful involvement remains a challenging process. Research has shown that large business interests are regularly over-represented and that local communities remain marginalized in the process. Additionally, little is known about how procedural fairness and inclusion can be managed and maintained during multi-stakeholder initiatives. The aim of this study was therefore to investigate how marginalized stakeholders, and local communities in particular, can be successfully involved during the course (...) of a multi-stakeholder initiative. An action research approach was adopted where the first author collaborated with a social housing association on an initiative to involve the local community in the design and implementation of circular economy approaches in a low-income neighbourhood. This study contributes to the multi-stakeholder initiative literature by showing that the successful involvement of marginalized stakeholders requires the initiators to continuously manage a balance between uncertainty–certainty, disagreement–agreement and consensus- and domination-based management strategies. Furthermore, our study highlights that factors which are regularly treated as challenges, including uncertainty and disagreement, can actually play a beneficial role in multi-stakeholder initiatives, emphasizing the need to take a temporally sensitive approach. This study also contributes to the circular economy literature by showing how communities can play a bigger role than merely being consumers, leading to the inclusion of a socially oriented perspective which has not been recognized in the previous literature. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:45. HUME'S DIFFICULTIES WITH THE SELF One of the more baffling and apparently inconclusive parts of the Treatise is the section on personal identity. Hume himself, when he takes a backward glance at it in those notorious passages in the Appendix, singles it out as representing an unresolved problem in his philosophy. It is a matter of fairly general agreement among recent writers on the subject that one (...) of Hume's chief difficulties -- though not one he recognizes — is his assigning to the mind (or, sometimes, the "imagination") certain activities, which he claims are instrumental in generating belief in, and awareness of, the very mind or self whose activities they are said to be. Hume talks about customs and habits of the mind and the expectations arising out of these, of the acts of observing, noticing and associating, of believing, of feigning, and so on, acts which the mind is required to perform in order for us to be able to explain along acceptable empiricist lines how the idea of an abiding self arises. Such talk, it seems, already presupposes the existence of a self and our possession of the idea thereof. So does, of course, the talk involved in Hume's accounts of the external world and of causality. Insofar as these involve his theory of belief, they, too, seem to presuppose a self which is more than a fiction, more than a product of the imagination. Yet the account he gives of the self seems to yield precisely a fiction in just the sense in which our ideas of the external world and of its causal connections are ideas of fictions. Quite generally, then, if Hume's theory of belief presupposes a continually existing self, what sense can be made of his arguments to show that our belief in such a self is the belief in a fiction? I want to argue that Hume can be defended against such criticisms and that the appearance of circularity here is just that: an appearance. It results largely from 46. two features of the Treatise. The first is that since at different points in the Treatise Hume is obviously concerned with different problems, his language reflects this. It is for this reason only that at times he talks in ways which make it seem that a continually existing self is being presupposed. The second feature responsible for the appearance of circularity is that while Hume draws a distinction between "perfect" and 'imperfect" identity, he fails to make that distinction explicit enough, so that one may easily miss the all-important point that it is only the former sort of identity which is being denied of the self, and the latter sort which is being explained and accounted for along Humean empiricist lines. If we keep this in mind, we shall see that the references in his account of the identity of the self to the activities of the self are not questionbegging, and that the attribution of these activities to the very same "fiction" whose existence is being accounted for carries no absurdity. II One way to bring out the differences between the kind of self which is alleged to be presupposed by Hume's account and that which, as I shall argue, is really involved in that account, is to put pressure on Hume's doctrine of 2 association. It is frequently urged by commentators that the notion of association which is so fundamental for much of Hume's philosophy is ambiguous, showing as it does the influence of two very different models, deriving from Hutcheson and Newton respectively. On the first model, a continuing self is presupposed as the agent of the various sorts of associative acts he invokes; on the second it is the items associated (perceptions) which are themselves the entities doing the associating. Clearly, the question whether Hume's theory of belief involves the assumption that a continuing self exists (harmless in the uses of that 47. theory in other contexts, but possibly fatal in its use in a theory of personal identity) may be seen to resolve into the question, which model of association is fundamental for Hume? It is, of course, an undeniable... (shrink)

Though the psychoanalytic method of interpretation is seen by psychoanalysts as a reliable scientific tool for investigating the unconscious mind, its reputation has long been marred by what’s known as the consensus problem: where different analysts fail to reach agreement when they interpret the same phenomena. This has long been thought, by both practitioners and observers of psychoanalysis, to undermine its claim to scientific status. The causes of this problem, however, are dimly understood. In this paper I attempt to (...) illuminate one important cause of the consensus problem by investigating the role which reliance on ‘associative evidence’ has in generating consensus failures. Various options for overcoming the difficulties with this form of clinical evidence are then examined. It is argued that these problems can be mitigated by the notion of overall associative fit, though they are exacerbated by certain loose standards used for what counts as acceptable associative evidence. The possibility of using more rigorous standards is discussed. (shrink)

Driving behaviours and fitness to drive have been assessed using different tools over time: standardized neuropsychological, on-road and driving simulation testing. Nowadays, the great variability of topics related to driving simulation has elicited a high number of reviews. The present work aims to perform a scientometric analysis on driving simulation reviews and to propose a selective review of reviews focusing on critical issues related to validity and fidelity. A scientometric analysis of driving simulation reviews published from 1988 to 2019 was (...) conducted. Bibliographic data from 298 reviews were extracted from Scopus and WoS. Performance analysis was conducted to investigate most prolific Countries, Journals, Institutes and Authors. A cluster analysis on authors’ keywords was performed to identify relevant associations between different research topics. Based on reviews extracted from cluster analysis, a selective review of reviews was conducted to answer questions regarding validity, fidelity and critical issues. USA and Germany are the first two Countries for number of driving simulation reviews. USA is the leading Country with 5 Institutes in the top-ten. Top Authors wrote from 3 to 7 reviews each and belong to Institutes located in North America and Europe. Cluster analysis identified three clusters and eight keywords. The selective review of reviews showed a substantial agreement for supporting validity of driving simulation with respect to neuropsychological and on-road testing, while for fidelity with respect to real-world driving experience a blurred representation emerged. The most relevant critical issues were the a) lack of a common set of standards, b) phenomenon of simulation sickness, c) need for psychometric properties, lack of studies investigating d) predictive validity with respect to collision rates and e) ecological validity. Driving simulation represent a cross-cutting topic in scientific literature on driving, and there are several evidences for considering it as a valid alternative to neuropsychological and on-road testing. Further research efforts could be aimed at establishing a consensus statement for protocols assessing fitness to drive, in order to a) use standardized systems, b) compare systematically driving simulators with regard to their validity and fidelity, and c) employ shared criteria for conducting studies in a given sub-topic. (shrink)