WorldWideScience

Sample records for legal event reasoning

  1. Defeasibility in Legal Reasoning

    OpenAIRE

    SARTOR, Giovanni

    2009-01-01

    I shall first introduce the idea of reasoning, and of defeasible reasoning in particular. I shall then argue that cognitive agents need to engage in defeasible reasoning for coping with a complex and changing environment. Consequently, defeasibility is needed in practical reasoning, and in particular in legal reasoning

  2. Argumentation in Legal Reasoning

    Science.gov (United States)

    Bench-Capon, Trevor; Prakken, Henry; Sartor, Giovanni

    A popular view of what Artificial Intelligence can do for lawyers is that it can do no more than deduce the consequences from a precisely stated set of facts and legal rules. This immediately makes many lawyers sceptical about the usefulness of such systems: this mechanical approach seems to leave out most of what is important in legal reasoning. A case does not appear as a set of facts, but rather as a story told by a client. For example, a man may come to his lawyer saying that he had developed an innovative product while working for Company A. Now Company B has made him an offer of a job, to develop a similar product for them. Can he do this? The lawyer firstly must interpret this story, in the context, so that it can be made to fit the framework of applicable law. Several interpretations may be possible. In our example it could be seen as being governed by his contract of employment, or as an issue in Trade Secrets law.

  3. The legal reasoning skills. Theoretical considerations

    Directory of Open Access Journals (Sweden)

    Lisett D. Páez Cuba

    2014-06-01

    Full Text Available This research analyzes the legal reasoning as essential skills to the teaching - learning process of law. This approach is based on a theoretical systematization of the Theory of Legal Argumentation (TLA that allows the conception of law as an argumentative act itself. It also determines, as a new element, the inclusion of legal argumentation as the final phase of the law cycle, which has particular impact on the teaching of this science. In this regard, the proposal of three skills of legal reasoning is made: interpreting the law, enforce the rule of law and legally argue the legal decision.

  4. Artificial intelligence approach to legal reasoning

    International Nuclear Information System (INIS)

    Gardner, A.V.D.L.

    1984-01-01

    For artificial intelligence, understanding the forms of human reasoning is a central goal. Legal reasoning is a form that makes a new set of demands on artificial intelligence methods. Most importantly, a computer program that reasons about legal problems must be able to distinguish between questions it is competent to answer and questions that human lawyers could seriously argue either way. In addition, a program for analyzing legal problems should be able to use both general legal rules and decisions in past cases; and it should be able to work with technical concepts that are only partly defined and subject to shifts of meaning. Each of these requirements has wider applications in artificial intelligence, beyond the legal domain. This dissertation presents a computational framework for legal reasoning, within which such requirements can be accommodated. The development of the framework draws significantly on the philosophy of law, in which the elucidation of legal reasoning is an important topic. A key element of the framework is the legal distinction between hard cases and clear cases. In legal writing, this distinction has been taken for granted more often than it has been explored. Here, some initial heuristics are proposed by which a program might make the distinction

  5. How clear is transparent? Reporting expert reasoning in legal cases

    NARCIS (Netherlands)

    Sjerps, M.J.; Berger, C.E.H.

    2012-01-01

    Experts providing evidence in legal cases are universally recommended to be transparent, particularly in their reasoning, so that legal practitioners can critically check whether the conclusions are adequately supported by the results. However, when exploring the practical meaning of this

  6. Constitutional Legal Regulation And The Reasons For The Legal Nihilism Existence In Modern Russian Society

    Directory of Open Access Journals (Sweden)

    Dmitriy E. Nekrasov

    2014-09-01

    Full Text Available In the present article questions of constitutional and legal regulation and reason for the legal nihilism existence, methods and forms of fight against legal nihilism are considered. Reasons of low legal culture in modern Russian society and ways of the population's legal literacy increase in general are allocated. These problems are extremely topical today as at the 1990th when there was a reorientation of values, ideals and the principles and legislative base was significantly changed, people were simply lost, and it was extremely difficult for them to realize and accept new, absolutely other reality. Today peculiar spiritual and valuable "reconstruct" did not pass completely and the state is obliged to help citizens to carry out it most without serious consequences and successfully. In the conclusion authors draw a conclusion that: first, the problem of legal nihilism more than ever now is particularly acute for modern Russian society. The policy of the state has to be directed by the consciousness of citizens, who understand that law is the integral and obligatory part of the order in the country and that it is one of the basic for any person. Secondly, one of the ways to overcome the legal nihilism consists in the increase of the legal culture level along with the development of effective legal policy. Thirdly, legal idealism, reevaluation of opportunities in law gains especially wide circulation in the years of changes in response to social expectations an insufficiently skilled legislator forms a belief that it is enough to adopt good laws, and all problems would be solved.

  7. The principle of optimisation: reasons for success and legal criticism

    International Nuclear Information System (INIS)

    Fernandez Regalado, Luis

    2008-01-01

    The International Commission on Radiological Protection (ICRP) has adopted new recommendations in 2007. In broad outlines they fundamentally continue the recommendations already approved in 1990 and later on. The principle of optimisation of protection, together with the principles of justification and dose limits, remains playing a key role of the ICRP recommendations, and it has so been for the last few years. This principle, somehow reinforced in the 2007 ICRP recommendations, has been incorporated into norms and legislation which have peacefully been in force in many countries all over the world. There are three main reasons to explain the success in the application of the principle of optimisation in radiological protection: First, the subjectivity of the sentence that embraces the principle of optimisation, 'As low as reasonably achievable' (ALARA), that allows different valid interpretations under different circumstances. Second, the pragmatism and adaptability of ALARA to all exposure situations. And third, the scientific humbleness which is behind the principle of optimisation, which makes a clear contrast with the old fashioned scientific positivism that enshrined scientist opinions. Nevertheless, from a legal point of view, there is some criticism cast over the principle of optimisation in radiological protection, where it has been transformed in compulsory norm. This criticism is based on two arguments: The lack of democratic participation in the process of elaboration of the norm, and the legal uncertainty associated to its application. Both arguments are somehow known by the ICRP which, on the one hand, has broadened the participation of experts, associations and the professional radiological protection community, increasing the transparency on how decisions on recommendations have been taken, and on the other hand, the ICRP has warned about the need for authorities to specify general criteria to develop the principle of optimisation in national

  8. The Use and Incorporation of Extralegal Insights in Legal Reasoning

    Directory of Open Access Journals (Sweden)

    Ivo Giesen

    2015-01-01

    Full Text Available Following the US example, European scholarship has seen more and more interdisciplinary or multidisciplinary academic work being carried out over the last few decades, not only in criminal law but also relating to private law and civil procedure. In such studies ‘extralegal’ knowledge from, for example, psychology, sociology and economics, is combined with existing legal insights and transformed into ‘novel’ legal knowledge. This has often led to new thoughts on how to organize our legal landscape and to new public policy issues and solutions.An intriguing question underlying these studies is whether it is in fact possible – and if so, how, why and when – to leap from such ‘extralegal’ insights to normative legal conclusions. How and when can any researcher step over from, for example, empirical psychological facts to legal normative value judgments (as one is required to do from a legal end, for instance as a judge ruling on a case? What, if anything, allows anyone to do so? What are the conditions under which it would be safe to say that one could cross over from one side to the other?By reviewing the existing methodological literature on this topic and by linking up with ideas about the (analogous use of comparative law materials, this paper – methodological in nature – tries to come up with a workable ‘method’ for crossing the border between social science disciplines and the law. As it turns out, a due process approach is the best available option. This approach asks of judges, practitioners and scholars to become familiar with the methodology of the social sciences. That hurdle might be overcome by using court-appointed experts to evaluate the usefulness of the extralegal materials. The judge would thus resort to an expert to advise him on how to be a decent gatekeeper when it comes to the possible use of insights from social sciences.

  9. Colonial Legal Reasoning in the Post-Colonial African State: A ...

    African Journals Online (AJOL)

    Colonial Legal Reasoning in the Post-Colonial African State: A Critique and a Defense of the Argument from African Metaphysical Epistemology. ... Africa, as it has the advantageous result of helping in the search for truth concerning such offences, thereby promoting the delivery of effective legal justice, and thus contributing ...

  10. 3. RO Badru and TR Eegunlusi Colonial Legal Reasoning pp.11-39

    African Journals Online (AJOL)

    REGINALDS

    Glossary. Epistemology: a branch of philosophy which focuses on a critical and systematic ..... very slender accomplishments, like a parrot, who speaks a few words .... Colonial Legal Reasoning and African Metaphysical Epistemology 25.

  11. Modelling Legal Argument: Reasoning with Cases and Hypotheticals

    Science.gov (United States)

    1988-02-01

    case- based reasoning plays an important role in such diverse domains as law [Levi, 1949), historical political analysis [Neustadt and May, 1986; Alker...contained information on physical, economic and political disputes and common mediation 5 tactics, their failures and corrections for those failures...library of 13 Wall Street. He had opera tickets in his pocket for 8:00 that night - "Pagliacci" - and his socialite fiance and her parents were to

  12. Disgust and biological descriptions bias logical reasoning during legal decision-making.

    Science.gov (United States)

    Capestany, Beatrice H; Harris, Lasana T

    2014-01-01

    Legal decisions often require logical reasoning about the mental states of people who perform gruesome behaviors. We use functional magnetic resonance imaging (fMRI) to examine how brain regions implicated in logical reasoning are modulated by emotion and social cognition during legal decision-making. Participants read vignettes describing crimes that elicit strong or weak disgust matched on punishment severity using the US Federal Sentencing Guidelines. An extraneous sentence at the end of each vignette described the perpetrator's personality using traits or biological language, mimicking the increased use of scientific evidence presented in courts. Behavioral results indicate that crimes weak in disgust receive significantly less punishment than the guidelines recommend. Neuroimaging results indicate that brain regions active during logical reasoning respond less to crimes weak in disgust and biological descriptions of personality, demonstrating the impact of emotion and social cognition on logical reasoning mechanisms necessary for legal decision-making.

  13. Negligence and the legal standard of care: what is 'reasonable' conduct?

    Science.gov (United States)

    Miola, José

    Medical negligence has become a big issue for medical practitioners. Fear of the law, and of litigation, has led to claims of defensive medical practice among doctors and nurses. At the heart of this lies the legal definition of the standard of care, where the law seeks to determine when conduct is 'reasonable' (and thus not negligent), or 'unreasonable' (and thus a breach of the legal duty of care and potentially negligent). In this article the author clarifies what the law means by 'reasonableness' with respect to nurses, drawing on both the law and the NMC Code. Furthermore, the article shall demonstrate that the law is not something to be fearful of but, rather, demands a standard no higher than that of the NMC.

  14. ["Reasonable cause"--an undefined legal term for the justification of the killing of equids].

    Science.gov (United States)

    Deegen, E

    2008-03-01

    Killing of a vertebrate animal in Germany is allowed or not punishable only if a "reasonable cause" can be identified (Article 17 No. 1 TierSchG). A legal definition of the term "reasonable cause" does not exist. Currently the following definitions of the "reasonable cause" for the killing of equids are accepted: 1. Slaughter (in accordance with the equid pass and waiting periods) reasonable cause: Food production, initiated by the owner's desire. The requirements for slaughter of a sick animal or an emergency slaughter are defined through EU-legislations. 2. Euthanasia (in its original meaning) Reasonable cause: a) Compassion, initiated through medical indication b) scientific purposes (experimental animals) initiated through governmental authorization of a research request c) Epidemiological reasons initiated through veterinary legislative measures. According to the law for the protection of animals (TierSchG) "non curable pain or suffering" is a prerequisite for the killing of an animal because of a medical indication. Presuming an adequate knowledge base of the veterinarian this should leave enough room for an adequate medically reasoned decision. However, both a faulty veterinary explanation of a reasonable cause and an undue delay of the euthanasia (follow Article 17) can lead to an illegal punishable act (severe pain or suffering). Examples of veterinary medical indications for euthanasia will be presented. In addition, the question whether euthanasia can be considered as an alternative to treatment will be discussed. Finally, the more restrictive interpretations of the "reasonable cause" put forth by insurance companies will be explained. Future higher court decisions should lead to an adaptation of the insurance companies' interpretations of the "reasonable cause" to the outline presented above.

  15. New Serbian criminal procedure: New reasons for harmonization with European legal standards

    Directory of Open Access Journals (Sweden)

    Đurđić Vojislav

    2014-01-01

    Full Text Available The new criminal procedure, set forth in 2011, represents a compilation of the inquisitive model of preliminary proceedings, on the one hand, and adversarial trial of the Anglo-American type of criminal procedure on the other. Introduction of the public prosecutor's investigation required a subtle legislative approach to the protection of human rights in criminal proceedings, in order to establish equilibrium between efficient and just procedure. Instead of the expected, the erroneous conception based on the ideas that the public prosecutor's investigation should be strictly formal as that of a court, that evidence taken by the non-judicial authorities should have the same bearing as those taken by the courts, and that the court should have no role in conducting investigation, resulted in an overly inferior position of the accuses compared to that of the public prosecutor. Beside the fact that such conception can not pass the ECJ test, the specific legal solutions referring the investigation open the question of harmonization with the European legal standards. The provisions on initiation of this phase of the proceedings, not being legally sanctioned, put in question the right of the accused to access justice, as well as his right to an effective legal remedy, and the introduced investigation against the unknown perpetrator, the right to be present at one's own trial is being jeopardized. Neither do all procedural rules pertaining to the trial support the fair procedure principle: the indirect extortion of evidence from the defense is discordant with the rule that the burden of proof lies on the prosecutor, as one of the main pillars of the assumption of innocence; as well as the broad opportunity to use non-judicial evidence at the hearing without any major legal obstacles, have demolished the principles of directness and contradictoriness. Even some of the minimal right of the defense as well as the guarantees of personal freedom in the course

  16. Just and reasonable distribution of funds for limited damages in the event of nuclear disasters

    International Nuclear Information System (INIS)

    Schattke, H.

    1985-01-01

    A suggestion is made to make legal dispositions for the distribution of funds before a nuclear event. The concept incorporates the following material-legal elements: Proportionate reduction of damages compensation claims in case the funds for liability and coverage are insufficient; creation of reserve funds for late damage; legal preference of personal damage and only subsequent satisfaction of demand for compensation of nuclear industries. (orig.) [de

  17. Semantic reasoning in zero example video event retrieval

    NARCIS (Netherlands)

    Boer, M.H.T. de; Lu, Y.J.; Zhang, H.; Schutte, K.; Ngo, C.W.; Kraaij, W.

    2017-01-01

    Searching in digital video data for high-level events, such as a parade or a car accident, is challenging when the query is textual and lacks visual example images or videos. Current research in deep neural networks is highly beneficial for the retrieval of high-level events using visual examples,

  18. A Legal Reasoning Component of a Network Security Command and Control System

    Science.gov (United States)

    2010-03-01

    United States Code VA Vulnerability Assessment VLC Virtual Legal Cell xv ACKNOWLEDGMENTS The authors would like to humbly thank Professor Bret...cyberspace environment. In this thesis, the authors address the information warrior’s challenge of obtaining just-in-time legal advice. They...PROPOSED VIRTUAL DYNAMIC LEGAL CELL One of the challenges in cyberspace is to define and detect a hostile act or the use of force. Another major

  19. THE FUNCTION OF LEGAL REASONITY IN COURT JUDGEMENT (MODEL ON FINDING THE LAW REFLECTY PANCASILA VALUE

    Directory of Open Access Journals (Sweden)

    Deka Rachman Budihanto

    2017-09-01

    Full Text Available Legal research is a process to determine the rule of law, principles of law and legal doctrines in order to address the legal issues at hand. This study using a type of normative juridical (legal research. Rechtvinding understanding in Indonesian as legal discovery (translated literally could mislead rechtvinding function is to find concrete norm to associate the relevant legal facts. Adhering to the understanding of the rechtvinding the judge in carrying out its functions prosecute a legal case can not be separated from efforts to find concrete norms to be linked to the fact the law. Furthermore, when the facts of law has no grounding norms that govern mutatis mutandis thus not regulated in the rules of positive law and customary law. Scholasticism and dialectic method is used as a support hermeneutic interpretation of legal facts to me recht construction of a new legal norm normative ideas should not be separated from Idee recht itself. Rechvinding model contained in the provisions of the Basic Law of Judicial Authority Article 1 in Conjunction with Article 5, Article 10 in conjunction with Article 50 1 for the model Rechtvinding is the approach taken by norma series is a concept of morals and justice and practices considered society as law and the criminal law model rechtvinding is also banned norma concrete (new, to assess the actions (act so that an exit permit from the actions that have not been regulated in the act so that such actions are not punished.

  20. The reasons of the nursing staff to notify adverse events

    Directory of Open Access Journals (Sweden)

    Miriam Cristina Marques da Silva de Paiva

    2014-10-01

    Full Text Available OBJECTIVE: this research aimed to understand the motivation for reporting adverse events from the perspective of nursing staff in the work environment.METHOD: qualitative study that used the phenomenology of Alfred Schutz for reference, which offers a systematic approach to understand the social aspects of human action. Data were collected by open interviews with 17 nurses and 14 technicians/assistant nurses in a university hospital.RESULTS: motivation was revealed through six categories: all types of occurrences must be reported; the incident report is an auxiliary instrument to health care provision management; the culture of punishment in transition; nurses as the agents responsible for voluntary reporting; sharing problems with higher management and achieving quality in the work process.DISCUSSION: it was unveiled that, when reporting adverse events, team members perceived themselves to be in a collaborative relationship with the institution and trusted that they would receive administrative support and professional security, which encouraged them to continue reporting. Reporting allows health care professionals to share responsibilities with managers and encourages corrective actions.FINAL CONSIDERATIONS: the study revealed the nursing staff's motivation for adverse event reporting, contributing to reflections on institutional policies aimed at patient safety in health care.

  1. Repression of violence at public meetings and sporting events within the European legal space

    Directory of Open Access Journals (Sweden)

    Božović Milenko

    2014-01-01

    Full Text Available Violence and unbecoming behaviour at sporting events stand for a most acute problem in numerous European countries. However, the method and modes of its' repression have been determined within the frames of each country, that is its' national legislation. Thus, a wide range of various regulations referring to the distinctions of this type of violence can be spotted in legislative of each European country. Nevertheless, along with the development and maturing of the idea of the necessity of implementation of both international and regional legal instruments, used for setting up national law of individual states, a number of European legal instruments have also come to life. It comes as no surprise, though, the growing need for more both general and separate legal instruments in the repression of violence and unbecoming behaviour at sporting events in the European legislative. Based on the analysis, it is possible to single out the ones to achieve the strongest effect to our national legislative. Consequently, the general frames of the repression of violence and unbecoming behaviour at sporting events are founded on European Convention on Human Rights and Fundamental Freedoms (1950, whereas the separated ones lie in the Convention of the European Council on the Repression of Violence and Unbecoming Behaviour at Sporting Events, especially the soccer games, with the Recommendation (1985. The subject of this paper is based on analysis of the legal frames established by the European legal instruments in the field of the repression of violence and unbecoming behaviour at sporting events. The methodological framework throughout the research considers the usage of various methods: historical, linguistic, sociological, logical, normative, analysis of content, etc.

  2. Reasons for omission of enforcement of an administrative judge's verdict and means of legal protection

    Directory of Open Access Journals (Sweden)

    Alen Rajko

    2015-01-01

    Full Text Available Besides general repercussions of an omission of enforcement of court decisions on the protection of the rights of the parties and on the functioning of the legal system, such an omission in the administrative dispute has additional implications, related primarily to the realization of the constitutional guarantee of judicial review of administrative decisions, the concept of separation of powers, construction of a democratic state, etc. After general considerations of the matter of enforcement of court decisions, the author analyzes the normative framework of the enforcement of judgments of the administrative courts, as well as the evolution of this framework, points out the open questions regarding mentioned regulation, as well as the means of legal protection in case of an omission of enforcement of the verdict.

  3. Some medical and biological reasons of drunkenness and alcoholism and feature of their medico-legal establishment

    Directory of Open Access Journals (Sweden)

    Г. А. Білецька

    2014-12-01

    Full Text Available The article is sanctified to some вiomedical questions of reasons of drunkenness and alcoholism, and also features of their establishment in practice of medico-legal expert in the process of examining and dead body of living man. Study of constitutional and individual features of organism of man, terms of stay and reception of алкогоя help more exactly to diagnose the state of alcoholic intoxication, that is reflected in the conclusion of expert and can be proof on criminal and civil cases.

  4. Identifying health insurance predictors and the main reported reasons for being uninsured among US immigrants by legal authorization status.

    Science.gov (United States)

    Vargas Bustamante, Arturo; Chen, Jie; Fang, Hai; Rizzo, John A; Ortega, Alexander N

    2014-01-01

    This study identifies differences in health insurance predictors and investigates the main reported reasons for lacking health insurance coverage between short-stayed (≤ 10 years) and long-stayed (>10 years) US immigrant adults to parse the possible consequences of the Affordable Care Act among immigrants by length of stay and documentation status. Foreign-born adults (18-64 years of age) from the 2009 California Health Interview Survey are the study population. Health insurance coverage predictors and the main reasons for being uninsured are compared across cohorts and by documentation status. A logistic-regression two-part multivariate model is used to adjust for confounding factors. The analyses determine that legal status is a strong health insurance predictor, particularly among long-stayed undocumented immigrants. Immigration status is the main reported reason for lacking health insurance. Although long-stayed documented immigrants are likely to benefit from the Affordable Care Act implementation, undocumented immigrants and short-stayed documented immigrants may encounter difficulties getting health insurance coverage. Copyright © 2013 John Wiley & Sons, Ltd.

  5. Transport package response to severe thermal events, part 2: legal weight truck cask

    International Nuclear Information System (INIS)

    Greiner, M.; Faulkner, R.J.; Jin, Y.Y.

    1998-01-01

    The response of intact and damaged versions of the GA-4 Legal Weight Truck Cask to a range of severe thermal events is simulated using finite element computer analysis. The minimum fire durations that cause the containment seals and fuel cladding to reach their respective temperature limits are evaluated for a range of hydrocarbon fire temperatures. Containment seals reach their temperature limit in shorter duration fires as compared to the cladding, for both an undamaged package and a cask whose impact limiter is destroyed moments before the fire begins. However, if the neutron shield is destroyed, the cladding reaches its limit first in high temperature fires. A margin of safety exists between the conditions of the IAEA regulatory fire test and all of the performance envelopes calculated in this work. (author)

  6. "Everything happens for a reason": children's beliefs about purpose in life events.

    Science.gov (United States)

    Banerjee, Konika; Bloom, Paul

    2015-01-01

    Do children believe that "everything happens for a reason?" That is, do children endorse purpose-based, teleological explanations for significant life events, as they do for social behavior, artifacts, biological properties, and natural kinds? Across three experiments, 5- to 7-year-olds (N = 80), 8- to 10-year-olds (N = 72), and adults (N = 91) chose between teleological and nonteleological accounts of significant life events and judged how helpful those accounts were for understanding an event's cause. Five- to 7-year-olds favored teleological explanations, but this preference diminished with age. Five- to 7-year-olds and 8- to 10-year-olds also found teleological explanations more helpful than did adults. Perceiving purpose in life events may therefore have roots in childhood, potentially reflecting a more general sensitivity to purpose in the social and natural worlds. © 2014 The Authors. Child Development © 2014 Society for Research in Child Development, Inc.

  7. Shall we marry? Legal marriage as a commitment event in same-sex relationships.

    Science.gov (United States)

    Schecter, Ellen; Tracy, Allison J; Page, Konjit V; Luong, Gloria

    2008-01-01

    This study is a part of an exploratory study of 50 married and unmarried same-sex couples in Massachusetts conducted by the Wellesley Centers for Women following legalization of same-sex marriage in Massachusetts in 2004. This article examines whether and how legalization of same-sex marriage impacted same-sex partners' commitment to one another, presentation to others as a couple, and treatment as a couple by others. Roughly one-quarter of the couples studied chose not to mark their commitment with ceremonies of any kind, while nearly three-fourths of the couples had either commitment (non-legal) ceremonies, legal weddings, or both. While decisions to legally marry largely were based on gaining legal protections, unforeseen impacts on self and relationships with family, friends, and the larger society revealed multiple layers of meaning. Implications of the study for public policy and social change are discussed.

  8. CleavPredict: A Platform for Reasoning about Matrix Metalloproteinases Proteolytic Events.

    Directory of Open Access Journals (Sweden)

    Sonu Kumar

    Full Text Available CleavPredict (http://cleavpredict.sanfordburnham.org is a Web server for substrate cleavage prediction for matrix metalloproteinases (MMPs. It is intended as a computational platform aiding the scientific community in reasoning about proteolytic events. CleavPredict offers in silico prediction of cleavage sites specific for 11 human MMPs. The prediction method employs the MMP specific position weight matrices (PWMs derived from statistical analysis of high-throughput phage display experimental results. To augment the substrate cleavage prediction process, CleavPredict provides information about the structural features of potential cleavage sites that influence proteolysis. These include: secondary structure, disordered regions, transmembrane domains, and solvent accessibility. The server also provides information about subcellular location, co-localization, and co-expression of proteinase and potential substrates, along with experimentally determined positions of single nucleotide polymorphism (SNP, and posttranslational modification (PTM sites in substrates. All this information will provide the user with perspectives in reasoning about proteolytic events. CleavPredict is freely accessible, and there is no login required.

  9. Tracking cognitive phases in analogical reasoning with event-related potentials.

    Science.gov (United States)

    Maguire, Mandy J; McClelland, M Michelle; Donovan, Colin M; Tillman, Gail D; Krawczyk, Daniel C

    2012-03-01

    Analogical reasoning consists of multiple phases. Four-term analogies (A:B::C:D) have an encoding period in which the A:B pair is evaluated prior to a mapping phase. The electrophysiological timing associated with analogical reasoning has remained unclear. We used event-related potentials to identify neural timing related to analogical reasoning relative to perceptual and semantic control conditions. Spatiotemporal principal-components analyses revealed differences primarily in left frontal electrodes during encoding and mapping phases of analogies relative to the other conditions. The timing of the activity differed depending upon the phase of the problem. During the encoding of A:B terms, analogies elicited a positive deflection compared to the control conditions between 400 and 1,200 ms, but for the mapping phase analogical processing elicited a negative deflection that occurred earlier and for a shorter time period, between 350 and 625 ms. These results provide neural and behavioral evidence that 4-term analogy problems involve a highly active evaluation phase of the A:B pair. 2012 APA, all rights reserved

  10. The neuromechanism underlying verbal analogical reasoning of metaphorical relations: an event-related potentials study.

    Science.gov (United States)

    Zhao, Ming; Meng, Huishan; Xu, Zhiyuan; Du, Fenglei; Liu, Tao; Li, Yongxin; Chen, Feiyan

    2011-11-24

    Using event-related potentials (ERPs), this study investigated the neuromechanism underlying verbal analogical reasoning of two different metaphorical relations: attributive metaphor and relational metaphor. The analogical reasoning of attributive metaphor (AM-AR) involves a superficial similarity between analogues, while the analogical reasoning of relational metaphor (RM-AR) requires a structural similarity. Subjects were asked to judge whether one word pair was semantically analogous to another word pair. Results showed that the schema induction stage elicited a greater N400 component at the right anterior scalp for the AM-AR and RM-AR tasks, possibly attributable to semantic processing of metaphorical word pairs. The N400 was then followed by a widely distributed P300 and a late negative component (LNC1) at the left anterior scalp. The P300 was possibly related to the formation of a relational category, while the LNC1 was possibly related to the maintenance of a reasoning cue in working memory. The analogy mapping stage elicited broadly distributed N400 and LNC2, which might indicate the presence of semantic retrieval and analogical transfer. In the answer production stage, all conditions elicited the P2 component due to early stimulus encoding. The largest P2 amplitude was in the RM-AR task. The RM-AR elicited a larger LPC than did the AM-AR, even though the baseline correction was taken as a control for the differential P2 effect. The LPC effect might suggest that relational metaphors involved more integration processing than attributive metaphors. Copyright © 2011 Elsevier B.V. All rights reserved.

  11. THE SUSPENSION OF CRIMINAL INVESTIGATION IN THE EVENT OF INCIDENCE OF A TEMPORARY LEGAL IMPEDIMENT

    Directory of Open Access Journals (Sweden)

    Nadia Claudia CANTEMIR – STOICA

    2018-05-01

    Full Text Available The criminal investigation is the first stage of the criminal proceeding, necessary to be carried out under legality, so as to collect the necessary evidence to find the truth in order to prosecute or not to prosecute a person subject to the criminal investigation. Sometimes, depending on the quality at the time the criminal offense was committed or on the occasion of the investigations, it is not possible to order the criminal proceedings to be initiated, given that there is a temporary legal impediment. The present study aims to bring to the debate the theoretical and practical elements regarding the institution of temporary legal impediment

  12. Relating derived relations as a model of analogical reasoning: reaction times and event-related potentials.

    Science.gov (United States)

    Barnes-Holmes, Dermot; Regan, Donal; Barnes-Holmes, Yvonne; Commins, Sean; Walsh, Derek; Stewart, Ian; Smeets, Paul M; Whelan, Robert; Dymond, Simon

    2005-11-01

    The current study aimed to test a Relational Frame Theory (RFT) model of analogical reasoning based on the relating of derived same and derived difference relations. Experiment 1 recorded reaction time measures of similar-similar (e.g., "apple is to orange as dog is to cat") versus different-different (e.g., "he is to his brother as chalk is to cheese") derived relational responding, in both speed-contingent and speed-noncontingent conditions. Experiment 2 examined the event-related potentials (ERPs) associated with these two response patterns. Both experiments showed similar-similar responding to be significantly faster than different-different responding. Experiment 2 revealed significant differences between the waveforms of the two response patterns in the left-hemispheric prefrontal regions; different-different waveforms were significantly more negative than similar-similar waveforms. The behavioral and neurophysiological data support the RFT prediction that, all things being equal, similar-similar responding is relationally "simpler" than, and functionally distinct from, different-different analogical responding. The ERP data were fully consistent with findings in the neurocognitive literature on analogy. These findings strengthen the validity of the RFT model of analogical reasoning and supplement the behavior-analytic approach to analogy based on the relating of derived relations.

  13. The neural basis of analogical reasoning: an event-related potential study.

    Science.gov (United States)

    Qiu, Jiang; Li, Hong; Chen, Antao; Zhang, Qinglin

    2008-10-01

    The spatiotemporal analysis of brain activation during the execution of easy analogy (EA) and difficult analogy (DA) tasks was investigated using high-density event-related brain potentials (ERPs). Results showed that reasoning tasks (schema induction) elicited a more negative ERP deflection (N500-1000) than did the baseline task (BS) between 500 and 1000 ms. Dipole source analysis of difference waves (EA-BS and DA-BS) indicated that the negative components were both localized near the left thalamus, possibly associated with the retrieval of alphabetical information. Furthermore, DA elicited a more positive ERP component (P600-1000) than did EA in the same time window. Two generators of P600-1000 were located in the medial prefrontal cortex (BA10) and the left frontal cortex (BA6) which was possibly involved in integrating information in schema abstraction. In the stage of analogy mapping, a greater negativity (N400-600) in the reasoning tasks as compared to BS was found over fronto-central scalp regions. A generator of this effect was located in the left fusiform gyrus and was possibly related to associative memory and activation of schema. Then, a greater negativity in the reasoning tasks, in comparison to BS task, developed between 900-1200 ms (LNC1) and 2000-2500 ms (LNC2). Dipole source analysis (EA-BS) localized the generator of LNC1 in the left prefrontal cortex (BA 10) which was possibly related to mapping the schema to the target problem, and the generator of LNC2 in the left prefrontal cortex (BA 9) which was possibly related to deciding whether a conclusion correctly follows from the schema.

  14. Moving Beyond Drinking to Have a Good Time: a Person-Centered Approach to Identifying Reason Typologies in Legal-Aged College Student Drinkers.

    Science.gov (United States)

    Weybright, Elizabeth H; Cooper, Brittany R; Beckmeyer, Jonathon; Bumpus, Matthew F; Hill, Laura G; Agley, Jon

    2016-08-01

    Alcohol use, reasons for use, and consequences of use continue to be a major concern in college student populations. This is especially true for students of legal drinking age who may experience different reasons for and greater negative consequences of alcohol use than students under 21 years old. Although multiple studies have used person-centered approaches to understand motivations for and ultimately prevent alcohol use, few have identified multiple typologies of reasons for alcohol use. The current study used latent class analysis to identify homogeneous subtypes of reasons for alcohol use and how classification was associated with alcohol-related consequences in college students aged 21 years old and older (N = 2300) from the 2013 Indiana College Substance Use Survey. Four profiles of reasons for alcohol use emerged across males and females: social drinkers, feel good drinkers, relaxed escaping drinkers, and emotion coping drinkers. Although the likelihood of consequences differed across gender, the emotion coping drinkers were more likely to experience all negative consequences, suggesting that it was a high-risk class. In general, this pattern of risk continued with the feel good drinkers and female relaxed escaping drinkers. These results can help optimize college substance use prevention and intervention efforts to (1) identify and understand characteristics of high- and low-risk student drinkers and (2) tailor the content of interventions to those specific profiles resulting in more effective approaches to reducing alcohol use.

  15. Domestic Violence against Children: Nature, Reason and Some Solutions for Its Treatment in the Light of Legal Attempts

    Directory of Open Access Journals (Sweden)

    Seyed Masoud Noori

    2007-11-01

    Full Text Available International and national documents consider family as the fundamental social institute and the natural base of growth and development of the personality of children. On the basis of this principle and according to the religious teachings and local traditions and customs, the positive laws consider family as a strong sanctuary. The governments are not much inclined to extend the field of their supervision to the inner perimeters of family. The judicial procedures too more or less follow the same pattern. On the other hand, the studies conducted in different parts of the world indicate that child abuse in the family occurs by the parents, legal custodians and the close relatives of the children and adolescents. Overemphasis on the sanctity of family and weak incentive of the families in interfering in the perimeters of family have landed the children and adolescents in an undesirable situation. The present paper is an attempt to define violence against children and introduce its various kinds. Then attempts have been made to discuss the reasons for child abuse in the family. The principles of the convention on the child’s rights (CRC for protection of the children against violence as well as Iranian laws have been taken into consideration in this study. Also the media, religion, and the social functions of the religious leaders and their role in campaign against domestic violence against children have been also discussed. اسناد بین المللی و ملی، خانواده را رکن اساسی اجتماع و جایگاه طبیعی رشد و شکوفایی شخصیت کودکان شمرده‌اند. بر این اساس و همسو با آموزه‌های دینی و آداب و رسوم محلی، قوانین موضوعه برای خانواده حریم مستحکمی قائل شده‌اند و دولت‌ها نیز کمتر مایلند نظارت و حوزه رفتار خود را به درون خانواده تسری

  16. The reasons for Chinese nursing staff to report adverse events: a questionnaire survey.

    Science.gov (United States)

    Hong, Su; Li, QiuJie

    2017-04-01

    To investigate the impact of nurses' perception of patient safety culture and adverse event reporting, and demographic factors on adverse event reporting in Chinese hospitals. Accurate and timely adverse event reporting is integral in promoting patient safety and professional learning around the incident. In a cross-sectional survey, a sample of 919 nurses completed a structured questionnaire composed of two validated instruments measuring nurses' perception of patient safety culture and adverse event reporting. Associations between the variables were examined using multiple linear regression analysis. The positive response rates of five dimensions of the Patient Safety Culture Assessment Scale varied from 47.55% to 80.62%. The accuracy rate of Adverse Event Reporting Perception Scale was 63.16%. Five hundred and thirty-one (58.03%) nurses did not report adverse event in past 12 months. Six variables were found to be associated with nurses' adverse event reporting: total work experience (P = 0.003), overall patient safety culture score (P teamwork climate (P importance or reporting (P = 0.002). The results confirmed that improvements in the patient safety culture and nurses' perception of adverse event reporting were related to an increase in voluntary adverse event reporting. The knowledge of adverse event reporting should be integrated into the patient safety curriculum. Interventions that target a specific domain are necessary to improve the safety culture. © 2017 John Wiley & Sons Ltd.

  17. Heuristic and analytic processes in reasoning: an event-related potential study of belief bias.

    Science.gov (United States)

    Banks, Adrian P; Hope, Christopher

    2014-03-01

    Human reasoning involves both heuristic and analytic processes. This study of belief bias in relational reasoning investigated whether the two processes occur serially or in parallel. Participants evaluated the validity of problems in which the conclusions were either logically valid or invalid and either believable or unbelievable. Problems in which the conclusions presented a conflict between the logically valid response and the believable response elicited a more positive P3 than problems in which there was no conflict. This shows that P3 is influenced by the interaction of belief and logic rather than either of these factors on its own. These findings indicate that belief and logic influence reasoning at the same time, supporting models in which belief-based and logical evaluations occur in parallel but not theories in which belief-based heuristic evaluations precede logical analysis.

  18. Automated reasoning with dynamic event trees: a real-time, knowledge-based decision aide

    International Nuclear Information System (INIS)

    Touchton, R.A.; Gunter, A.D.; Subramanyan, N.

    1988-01-01

    The models and data contained in a probabilistic risk assessment (PRA) Event Sequence Analysis represent a wealth of information that can be used for dynamic calculation of event sequence likelihood. In this paper we report a new and unique computerization methodology which utilizes these data. This sub-system (referred to as PREDICTOR) has been developed and tested as part of a larger system. PREDICTOR performs a real-time (re)calculation of the estimated likelihood of core-melt as a function of plant status. This methodology uses object-oriented programming techniques from the artificial intelligence discipline that enable one to codify event tree and fault tree logic models and associated probabilities developed in a PRA study. Existence of off-normal conditions is reported to PREDICTOR, which then updates the relevant failure probabilities throughout the event tree and fault tree models by dynamically replacing the off-the-shelf (or prior) probabilities with new probabilities based on the current situation. The new event probabilities are immediately propagated through the models (using 'demons') and an updated core-melt probability is calculated. Along the way, the dominant non-success path of each event tree is determined and highlighted. (author)

  19. The finish. About the reasons and events leading to the nuclear bombing of Hiroshima and Nagasaki

    International Nuclear Information System (INIS)

    Goldberg, S.

    1995-01-01

    The bombing was decided not only for military reasons. For the Manhattan Project managers, and for General Groves in particular, it was a question of justification of their own work and commitment. The bomb may have actually prolonged the war. (orig.) [de

  20. Relating Derived Relations as a Model of Analogical Reasoning: Reaction Times and Event-Related Potentials

    Science.gov (United States)

    Barnes-Holmes, Dermot; Regan, Donal; Barnes-Holmes, Yvonne; Commins, Sean; Walsh, Derek; Stewart, Ian; Smeets, Paul M.; Whelan, Robert; Dymond, Simon

    2005-01-01

    The current study aimed to test a Relational Frame Theory (RFT) model of analogical reasoning based on the relating of derived same and derived difference relations. Experiment 1 recorded reaction time measures of similar-similar (e.g., "apple is to orange as dog is to cat") versus different-different (e.g., "he is to his brother as…

  1. Rodin: an open toolset for modelling and reasoning in Event-B

    DEFF Research Database (Denmark)

    Abrial, Jean-Raymond; Butler, Michael J.; Hallerstede, Stefan

    2010-01-01

    . In this article we present the Rodin modelling tool that seamlessly integrates modelling and proving. We outline how the Event-B language was designed to facilitate proof and how the tool has been designed to support changes to models while minimising the impact of changes on existing proofs. We outline...

  2. The explanatory structure of unexplainable events: Causal constraints on magical reasoning.

    Science.gov (United States)

    Shtulman, Andrew; Morgan, Caitlin

    2017-10-01

    A common intuition, often captured in fiction, is that some impossible events (e.g., levitating a stone) are "more impossible" than others (e.g., levitating a feather). We investigated the source of this intuition, hypothesizing that graded notions of impossibility arise from explanatory considerations logically precluded by the violation at hand but still taken into account. Studies 1-4 involved college undergraduates (n = 357), and Study 5 involved preschool-aged children (n = 32). In Studies 1 and 2, participants saw pairs of magical spells that violated one of 18 causal principles-six physical, six biological, and six psychological-and were asked to indicate which spell would be more difficult to learn. Both spells violated the same causal principle but differed in their relation to a subsidiary principle. Participants' judgments of spell difficulty honored the subsidiary principle, even when participants were given the option of judging the two spells equally difficult. Study 3 replicated those effects with Likert-type ratings; Study 4 replicated them in an open-ended version of the task in which participants generated their own causal violations; and Study 5 replicated them with children. Taken together, these findings suggest that events that defy causal explanation are interpreted in terms of explanatory considerations that hold in the absence of such violations.

  3. Sex Difference in Draft-Legal Ultra-Distance Events - A Comparison between Ultra-Swimming and Ultra-Cycling.

    Science.gov (United States)

    Salihu, Lejla; Rüst, Christoph Alexander; Rosemann, Thomas; Knechtle, Beat

    2016-04-30

    Recent studies reported that the sex difference in performance in ultra-endurance sports such as swimming and cycling changed over the years. However, the aspect of drafting in draft-legal ultra-endurance races has not yet been investigated. This study investigates the sex difference in ultra-swimming and ultra-cycling draft-legal races where drafting - swimming or cycling behind other participants to save energy and have more power at the end of the race to overtake them, is allowed. The change in performance of the annual best and the annual three best in an ultra-endurance swimming race (16-km 'Faros Swim Marathon') over 38 years and in a 24-h ultra-cycling race ('World Cycling Race') over 13 years were compared and analysed with respect to sex difference. Furthermore, performances of the fastest female and male finishers ever were compared. In the swimming event, the sex difference of the annual best male and female decreased non-significantly (P = 0.262) from 5.3% (1976) to 1.0% (2013). The sex gap of speed in the annual three fastest swimmers decreased significantly (P = 0.043) from 5.9 ± 1.6% (1979) to 4.7 ± 3.1% (2013). In the cycling event, the difference in cycling speed between the annual best male and female decreased significantly (P = 0.026) from 33.31% (1999) to 10.89% (2011). The sex gap of speed in the annual three fastest decreased significantly (P = 0.001) from 32.9 ± 0.6% (1999) to 16.4 ± 5.9% (2011). The fastest male swimmer ever (swimming speed 5.3 km/h, race time: 03:01:55 h:min:s) was 1.5% faster than the fastest female swimmer (swimming speed 5.2 km/h, race time: 03:04:09 h:min:s). The three fastest male swimmers ever (mean 5.27 ± 0.13 km/h) were 4.4% faster than the three fastest female swimmers (mean 5.05 ± 0.20 km/h) (P swimming and cycling, the sex difference in the annual top and annual top three swimmers and cyclists decreased (i.e. non-linearly in swimmers and linearly in cyclists) over the years. The sex difference of the

  4. A Reasoning Agent for Credit Card Fraud on the Internet Using the Event Calculus

    Science.gov (United States)

    Blackwell, Clive

    We illustrate the design of an intelligent agent to aid a merchant to limit fraudulent payment card purchases over the Internet. This is important because increasing fraud may limit the rise of e-commerce, and difficult because of the uncertainty in identifying and authenticating people remotely. The agent can advise the merchant what actions to take to reduce risk without complete knowledge of the circumstances. It can also negotiate flexibly to conclude transactions successfully that would otherwise be rejected. We use the Event Calculus to model the transaction system including the participants and their actions. The idea has applications in other distributed systems where incomplete knowledge of a system may be exploited by adversaries to their advantage.

  5. "...because I am something special" or "I think I will be something like a guinea pig": information and assent of legal minors in clinical trials – assessment of understanding, appreciation and reasoning

    Directory of Open Access Journals (Sweden)

    Schulze Ulrike

    2009-01-01

    Full Text Available Abstract Background The aim of this study is to assess and evaluate the capacities for understanding, appreciation and reasoning of legal minors with psychiatric disorders and their parents and their competence to consent or assent to participation in clinical trials. The beliefs, fears, motivation and influencing factors for decision-making of legal minors and parents were also examined. Methods Using the MacArthur Competence Assessment Tool for Clinical Research (MacCAT-CR, an instrument developed for adults whose capacities to consent are unclear, we provided information about clinical trials and assessed understanding, appreciation and reasoning. We adapted this tool for legal minors and examined 19 children and adolescents between the ages of 7 and 15 with attention deficit/hyperactivity disorder (ADHD or ADHD combined with oppositional defiant disorder (DSM-IV 314.00/314.01/312.8 enrolled in clinical trials. Parents were also examined using the MacCAT-CR. Results Facts such as the procedures involved in trials or their duration were well understood by legal minors, but more abstract issues like the primary purpose of the trial were not understood by children and adolescents or by many parents. Legal minors also had difficulties understanding the nature of placebo and the probability of receiving placebo. Children's and adolescents' decisions were influenced by fears about their disorder worsening and by problems in their relationship with their parents. Parents wanted the best therapy for their children in order to minimize problems in school. Conclusion Legal minors and parents need to be informed more precisely about specific issues like placebo and the primary purpose of trials. In general, the reasoning of children and adolescents was influenced by their experience with their disorder and decision making was based on reasonable arguments. Their fears were based on everyday experiences such as school performance or family relationships.

  6. "...because I am something special" or "I think I will be something like a guinea pig": information and assent of legal minors in clinical trials – assessment of understanding, appreciation and reasoning

    Science.gov (United States)

    Koelch, Michael; Singer, Hanneke; Prestel, Anja; Burkert, Jessica; Schulze, Ulrike; Fegert, Jörg M

    2009-01-01

    Background The aim of this study is to assess and evaluate the capacities for understanding, appreciation and reasoning of legal minors with psychiatric disorders and their parents and their competence to consent or assent to participation in clinical trials. The beliefs, fears, motivation and influencing factors for decision-making of legal minors and parents were also examined. Methods Using the MacArthur Competence Assessment Tool for Clinical Research (MacCAT-CR), an instrument developed for adults whose capacities to consent are unclear, we provided information about clinical trials and assessed understanding, appreciation and reasoning. We adapted this tool for legal minors and examined 19 children and adolescents between the ages of 7 and 15 with attention deficit/hyperactivity disorder (ADHD) or ADHD combined with oppositional defiant disorder (DSM-IV 314.00/314.01/312.8) enrolled in clinical trials. Parents were also examined using the MacCAT-CR. Results Facts such as the procedures involved in trials or their duration were well understood by legal minors, but more abstract issues like the primary purpose of the trial were not understood by children and adolescents or by many parents. Legal minors also had difficulties understanding the nature of placebo and the probability of receiving placebo. Children's and adolescents' decisions were influenced by fears about their disorder worsening and by problems in their relationship with their parents. Parents wanted the best therapy for their children in order to minimize problems in school. Conclusion Legal minors and parents need to be informed more precisely about specific issues like placebo and the primary purpose of trials. In general, the reasoning of children and adolescents was influenced by their experience with their disorder and decision making was based on reasonable arguments. Their fears were based on everyday experiences such as school performance or family relationships. PMID:19175905

  7. Counterfactual reasoning for regretted situations involving controllable versus uncontrollable events: the modulating role of contingent self-esteem.

    Science.gov (United States)

    Wilkinson, Meredith R; Ball, Linden J; Alford, David

    2015-01-01

    We report a study that examined the modulating impact of contingent self-esteem on regret intensity for regretted outcomes associated with controllable versus uncontrollable events. The Contingent Self-Esteem Scale (e.g., Kernis & Goldman, 2006) was used to assess the extent to which a person's sense of self-worth is based on self and others' expectations. We found that there was an influence of self-esteem contingency for controllable but not for uncontrollable regret types. For controllable regret types individuals with a high contingent (i.e., unstable) self-esteem reported greater regret intensity than those with a low contingent (i.e., stable) self-esteem. We interpret this finding as reflecting a functional and adaptive role of high contingent self-esteem in terms of mobilizing the application of counterfactual reasoning and planning mechanisms that can enable personal expectations to be achieved in the future.

  8. Counterfactual Reasoning for Regretted Situations Involving Controllable Versus Uncontrollable Events: The Modulating Role of Contingent Self-Esteem

    Science.gov (United States)

    Wilkinson, Meredith R.; Ball, Linden J.; Alford, David

    2015-01-01

    We report a study that examined the modulating impact of contingent self-esteem on regret intensity for regretted outcomes associated with controllable versus uncontrollable events. The Contingent Self-Esteem Scale (e.g., Kernis & Goldman, 2006) was used to assess the extent to which a person’s sense of self-worth is based on self and others’ expectations. We found that there was an influence of self-esteem contingency for controllable but not for uncontrollable regret types. For controllable regret types individuals with a high contingent (i.e., unstable) self-esteem reported greater regret intensity than those with a low contingent (i.e., stable) self-esteem. We interpret this finding as reflecting a functional and adaptive role of high contingent self-esteem in terms of mobilizing the application of counterfactual reasoning and planning mechanisms that can enable personal expectations to be achieved in the future. PMID:25883697

  9. Do people reason rationally about causally related events? Markov violations, weak inferences, and failures of explaining away.

    Science.gov (United States)

    Rottman, Benjamin M; Hastie, Reid

    2016-06-01

    Making judgments by relying on beliefs about the causal relationships between events is a fundamental capacity of everyday cognition. In the last decade, Causal Bayesian Networks have been proposed as a framework for modeling causal reasoning. Two experiments were conducted to provide comprehensive data sets with which to evaluate a variety of different types of judgments in comparison to the standard Bayesian networks calculations. Participants were introduced to a fictional system of three events and observed a set of learning trials that instantiated the multivariate distribution relating the three variables. We tested inferences on chains X1→Y→X2, common cause structures X1←Y→X2, and common effect structures X1→Y←X2, on binary and numerical variables, and with high and intermediate causal strengths. We tested transitive inferences, inferences when one variable is irrelevant because it is blocked by an intervening variable (Markov Assumption), inferences from two variables to a middle variable, and inferences about the presence of one cause when the alternative cause was known to have occurred (the normative "explaining away" pattern). Compared to the normative account, in general, when the judgments should change, they change in the normative direction. However, we also discuss a few persistent violations of the standard normative model. In addition, we evaluate the relative success of 12 theoretical explanations for these deviations. Copyright © 2016 Elsevier Inc. All rights reserved.

  10. Defining Legal Moralism

    DEFF Research Database (Denmark)

    Thaysen, Jens Damgaard

    2015-01-01

    This paper discusses how legal moralism should be defined. It is argued that legal moralism should be defined as the position that “For any X, it is always a pro tanto reason for justifiably imposing legal regulation on X that X is morally wrong (where “morally wrong” is not conceptually equivalent...... to “harmful”)”. Furthermore, a distinction between six types of legal moralism is made. The six types are grouped according to whether they are concerned with the enforcement of positive or critical morality, and whether they are concerned with criminalising, legally restricting, or refraining from legally...... protecting morally wrong behaviour. This is interesting because not all types of legal moralism are equally vulnerable to the different critiques of legal moralism that have been put forth. Indeed, I show that some interesting types of legal moralism have not been criticised at all....

  11. At the Edge of US Immigration’s “Halt of Folly:” Data, Information, and Research Needs in the Event of Legalization

    Directory of Open Access Journals (Sweden)

    Fernando Riosmena

    2013-12-01

    Full Text Available Virtually all accounts of the state of the US immigration system point to its patently broken condition, with the presence of almost 12 million people without legal status paramount to this characterization. Because of several recent developments including continued and renewed interest in regularizing the status of most unauthorized migrants in executive and legislative branch agendas, the Center for Migration Studies of New York, with support from the John D. and Catherine T. MacArthur Foundation, convened a group of immigration specialists, researchers, scholars, and advocates in Washington, DC in September 2013 to discuss potential data, information, and research needs in the event of the enactment of large-scale legalization programs for the unauthorized population.This paper describes the results of this one-and-a-half day discussion. It begins with a description of the contours of a legalization program if it were to follow a similar form as S. 744, the Border Security, Economic Opportunity, and Immigration Modernization Act passed by the Senate in June 2013. In addition to being the most recent effort in this area, S. 744 includes a relatively complex set of conditions for “earning” legalization. A number of data, information, and research needs would need to be met to ensure the proper implementation of such a program. First, planning for effective local outreach and service delivery efforts requires estimating the eligible population at finer-scale geographies; understanding financial and time disincentives to apply and adhere to the program and skill levels required; assessing capacity in service delivery relative to the size and service needs of the local eligible population; tracking the progress of applicants through the legalization process; and understanding effective forms of outreach and service delivery. Second, assessing the effects of legalization on immigrant integration, future immigration, and fiscal and economic life

  12. Socratic Method for the Right Reasons and in the Right Way: Lessons from Teaching Legal Analysis beyond the American Law School

    Science.gov (United States)

    Szypszak, Charles

    2015-01-01

    Socratic method is associated with law school teaching by which students are asked questions in class that require them to analyze cases and derive legal principles. Despite the method's potential benefits, students usually do not view it as supportive and enriching but rather as a kind of survival ritual. As a pedagogical approach for use in any…

  13. A prospective study on a cohort of horses and ponies selected for participation in the European Eventing Championship : reasons for withdrawal and predictive value of fitness tests

    NARCIS (Netherlands)

    Munsters, Carolien C B M; van den Broek, Jan; Welling, Emile; van Weeren, René; Sloet van Oldruitenborgh - Oosterbaan, Marianne M

    2013-01-01

    BACKGROUND: Eventing is generally recognized as a challenging equestrian discipline and wastage figures for this discipline are relatively high. There is a need for information that provides insight into the causes of wastage and withdrawal from competition, for animal welfare and economic reasons.

  14. Neural Correlates of Belief- and Desire-Reasoning in 7- and 8-Year-Old Children: An Event-Related Potential Study

    Science.gov (United States)

    Bowman, Lindsay C.; Liu, David; Meltzoff, Andrew N.; Wellman, Henry M.

    2012-01-01

    Theory of mind requires belief- "and" desire-understanding. Event-related brain potential (ERP) research on belief- and desire-reasoning in adults found mid-frontal activations for both desires and beliefs, and selective right-posterior activations "only" for beliefs. Developmentally, children understand desires before beliefs; thus, a critical…

  15. Reasons for conversion and adverse intraoperative events in Endoscopic Port Access™ atrioventricular valve surgery and minimally invasive aortic valve surgery.

    Science.gov (United States)

    van der Merwe, Johan; Van Praet, Frank; Stockman, Bernard; Degrieck, Ivan; Vermeulen, Yvette; Casselman, Filip

    2018-02-14

    This study reports the factors that contribute to sternotomy conversions (SCs) and adverse intraoperative events in minimally invasive aortic valve surgery (MI-AVS) and minimally invasive Endoscopic Port Access™ atrioventricular valve surgery (MI-PAS). In total, 3780 consecutive patients with either aortic valve disease or atrioventricular valve disease underwent minimally invasive valve surgery (MIVS) at our institution between 1 February 1997 and 31 March 2016. MI-AVS was performed in 908 patients (mean age 69.2 ± 11.3 years, 45.2% women, 6.2% redo cardiac surgery) and MI-PAS in 2872 patients (mean age 64.1 ± 13.3 years, 46.7% women, 12.2% redo cardiac surgery). A cumulative total of 4415 MIVS procedures (MI-AVS = 908, MI-PAS = 3507) included 1537 valve replacements (MI-AVS = 896, MI-PAS = 641) and 2878 isolated or combined valve repairs (MI-AVS = 12, MI-PAS = 2866). SC was required in 3.0% (n = 114 of 3780) of MIVS patients, which occurred in 3.1% (n = 28 of 908) of MI-AVS patients and 3.0% (n = 86 of 2872) of MI-PAS patients, respectively. Reasons for SC in MI-AVS included inadequate visualization (n = 4, 0.4%) and arterial cannulation difficulty (n = 7, 0.8%). For MI-PAS, SC was required in 54 (2.5%) isolated mitral valve procedures (n = 2183). Factors that contributed to SC in MI-PAS included lung adhesions (n = 35, 1.2%), inadequate visualization (n = 2, 0.1%), ventricular bleeding (n = 3, 0.1%) and atrioventricular dehiscence (n = 5, 0.2%). Neurological deficit occurred in 1 (0.1%) and 3 (3.5%) MI-AVS and MI-PAS conversions, respectively. No operative or 30-day mortalities were observed in MI-AVS conversions (n = 28). The 30-day mortality associated with SC in MI-PAS (n = 86) was 10.5% (n = 9). MIVS is increasingly being recognized as the 'gold-standard' for surgical valve interventions in the context of rapidly expanding catheter-based technology and increasing

  16. LEGAL ASPECTS OF THE TRANSPOSITION OF DIRECTIVE 2001/23/EC REGARDING THE SAFEGUARDING OF EMPLOYEES’ RIGHTS IN THE EVENT OF TRANSFERS IN THE ROMANIAN LAW

    Directory of Open Access Journals (Sweden)

    FELICIA BEJAN

    2013-05-01

    Full Text Available The transfer of undertakings, businesses or parts of undertakings or businesses by legal transfer or merger determine important changes in the structure of the participant entities. The change of their juridical organisation has significant consequences on the employees’ rights, reason why, both nationally and internationally, normative acts that would regulate appropriate safeguarding mechanisms have been adopted. The paper aims to analyse the transposition into national law of the communitarian norms in the field. As a result, the legal aspects with regards to which the legislator chose a restrictive transposition, as well as the additional rights established by them in favour of the employees, in comparison to the directive are identified. At the same time, the study emphasizes the aspects with regards to which the Romanian law requires to be changed and therefore makes some proposals de lege ferenda, so that the transposition of the communitarian normative act into national law would be a precise one and consistent to the other dispositions regarding national law.

  17. Prerequisites for Correctness in Legal Argumentation

    OpenAIRE

    Mackuvienė, Eglė

    2011-01-01

    A phenomenon called legal argumentation is analyzed in the dissertation. The aim of the thesis is to identify the prerequisites that allow to consider the legal argumentation to be correct, also to evaluate those prerequisites logically. Legal argumentation is analyzed as a phenomenon per se, without relating it to any particular arguing subject. Other dimensions of the process of making a legal decision, such as legal reasoning, legal discourse, interpretation of law and others are discu...

  18. Healthy lifestyle factors and risk of cardiovascular events and mortality in treatment-resistant hypertension: the Reasons for Geographic and Racial Differences in Stroke study.

    Science.gov (United States)

    Diaz, Keith M; Booth, John N; Calhoun, David A; Irvin, Marguerite R; Howard, George; Safford, Monika M; Muntner, Paul; Shimbo, Daichi

    2014-09-01

    Few data exist on whether healthy lifestyle factors are associated with better prognosis among individuals with apparent treatment-resistant hypertension, a high-risk phenotype of hypertension. The purpose of this study was to assess the association of healthy lifestyle factors with cardiovascular events, all-cause mortality, and cardiovascular mortality among individuals with apparent treatment-resistant hypertension. We studied participants (n=2043) from the population-based Reasons for Geographic and Racial Differences in Stroke (REGARDS) study with apparent treatment-resistant hypertension (blood pressure ≥140/90 mm Hg despite the use of 3 antihypertensive medication classes or the use of ≥4 classes of antihypertensive medication regardless of blood pressure control). Six healthy lifestyle factors adapted from guidelines for the management of hypertension (normal waist circumference, physical activity ≥4 times/week, nonsmoking, moderate alcohol consumption, high Dietary Approaches to Stop Hypertension diet score, and low sodium-to-potassium intake ratio) were examined. A greater number of healthy lifestyle factors were associated with lower risk for cardiovascular events (n=360) during a mean follow-up of 4.5 years. Multivariable-adjusted hazard ratios [HR (95% confidence interval)] for cardiovascular events comparing individuals with 2, 3, and 4 to 6 versus 0 to 1 healthy lifestyle factors were 0.91 (0.68-1.21), 0.80 (0.57-1.14), and 0.63 (0.41-0.95), respectively (P-trend=0.020). Physical activity and nonsmoking were individual healthy lifestyle factors significantly associated with lower risk for cardiovascular events. Similar associations were observed between healthy lifestyle factors and risk for all-cause and cardiovascular mortality. In conclusion, healthy lifestyle factors, particularly physical activity and nonsmoking, are associated with a lower risk for cardiovascular events and mortality among individuals with apparent treatment

  19. Events

    Directory of Open Access Journals (Sweden)

    Igor V. Karyakin

    2016-02-01

    Full Text Available The 9th ARRCN Symposium 2015 was held during 21st–25th October 2015 at the Novotel Hotel, Chumphon, Thailand, one of the most favored travel destinations in Asia. The 10th ARRCN Symposium 2017 will be held during October 2017 in the Davao, Philippines. International Symposium on the Montagu's Harrier (Circus pygargus «The Montagu's Harrier in Europe. Status. Threats. Protection», organized by the environmental organization «Landesbund für Vogelschutz in Bayern e.V.» (LBV was held on November 20-22, 2015 in Germany. The location of this event was the city of Wurzburg in Bavaria.

  20. Legal Hybrids

    DEFF Research Database (Denmark)

    Herrmann, Janne Rothmar

    2009-01-01

    in which embryos and foetuses are placed are much more complex. These categories are identified using Danish legislation as an example and on that basis the article extracts and identifies the different parameters that play a part in the legal categorisation of the human conceptus.......The article discusses the inadequacy of traditional theory on legal personhood in relation to embryos and foetuses. To challenge the somewhat binary view of legal personhood according to which the ‘born alive' criterion is paramount the article demonstrates that the number of legal categories...

  1. [Communication in health care - legal aspects].

    Science.gov (United States)

    Mina, András

    2016-04-24

    This paper is focusing on the legal aspects of communication in health care, especially on doctor-patient relationship, responsibility for information, communication of adverse events, and legal declarations.

  2. Observing Reasonable Consumers.

    Science.gov (United States)

    Silber, Norman I.

    1991-01-01

    Although courts and legislators usually set legal standards that correspond to empirical knowledge of human behavior, recent developments in behavioral psychology have led courts to appreciate the limits and errors in consumer decision making. "Reasonable consumer" standards that are congruent with cognitive reality should be developed.…

  3. The Multiplication Effect of Legal Insurance

    NARCIS (Netherlands)

    J.P.B. De Mot (Jef); B. Depoorter (Ben); M.G. Faure (Michael)

    2016-01-01

    textabstractBecause legal insurance policies cover the expenses of plaintiffs in bringing legal claims, such policies increase the risk of negligent or careless acts by tortfeasors. For this reason, potential tortfeasors would prefer to avoid injuring holders of legal insurance policies. Since

  4. Two conceptions of legal principles

    Directory of Open Access Journals (Sweden)

    Spaić Bojan

    2017-01-01

    Full Text Available The paper discusses the classical understanding of legal principles as the most general norms of a legal order, confronting it with Dworkin's and Alexy's understanding of legal principles as prima facie, unconditional commands. The analysis shows that the common, classical conception brings into question the status of legal principles as norms, by disreguarding their usefulness in judicial reasoning, while, conversely, the latterhas significant import forlegal practice and consequently for legal dogmatics. It is argued that the heuristic fruitfulness of understanding principles as optimization commands thusbecomesapparent. When we understand the relation of priciples to the idea of proportionality, as thespecific mode of their application, which is different from the supsumtive mode of applying rules, the theory of legal principles advanced by Dworkin and Alexy appears therefore to be descriptively better than others, but not without its flaws.

  5. Legal terminology

    DEFF Research Database (Denmark)

    Engberg, Jan

    2013-01-01

    texts disseminating legal concepts in different situations (Wikipedia article for general public, article from ministry aimed at children and adolescents) and especially investigate, to what extent the paraphrase concept is applicable also for describing dissemination strategies in such situations...

  6. Legality in multiple legal orders

    NARCIS (Netherlands)

    Besselink, L.F.M.; Pennings, F.J.L.; Prechal, A.

    2010-01-01

    This is the Introductory chapter to The Eclipse of the Legality Principle in the European Union, Edited by Leonard Besselink, Frans Pennings, Sacha Prechal [European Monographs, vol. 75], Kluwer Law International, Alphen aan den Rijn, 2011 [2010], xxv + 303 pp.

  7. CONFLICTING REASONS

    OpenAIRE

    Parfit, Derek

    2016-01-01

    Sidgwick believed that, when impartial reasons conflict with self-interested reasons, there are no truths about their relative strength. There are such truths, I claim, but these truths are imprecise. Many self-interested reasons are decisively outweighed by conflicting impar-tial moral reasons. But we often have sufficient self-interested reasons to do what would make things go worse, and we sometimes have sufficient self-interested reasons to act wrongly. If we reject Act Consequentialism, ...

  8. Analysis of the Portuguese legal framework concerning the safeguarding of employees' rights in the event of the transfer of an undertaking or an establishment compliance with the directive 2001/23/CE of 12 march 2001

    Directory of Open Access Journals (Sweden)

    Sónia de Carvalho

    2015-12-01

    Full Text Available The undertaking, business, or part of an undertaking or business can be transferred to another person or corporation as a result of a merger or a legal transfer, transitory or definitive. As a consequence of the transfer, there is subrogation ex lege of the transferee in the rights and obligations arising from the employment relationship existing on the date of a transfer. This issue is of the utmost importance to accomplish the freedom of the employer negotiate the undertaking and the protection of employees' rights as well. The Portuguese legal framework has been shaped by Directive 77/187/ CEE and subsequently by Directive 2001/23/CE. In this paper, in order to assess the compliance of the legal framework concerning the enshrined in Labor Code with the Directive 2001/23/CE, it will be performed a comparative analysis between both regulations, which will be coordinated with the case law from the Court of Justice and Portuguese Courts. We will conclude that, apart from some issues, the Portuguese labour law regarding the safeguarding of employees' rights in the event of the transfer of an undertaking complies with the Directive 2001/23 /CE and the case law from the Court of Justice.

  9. The Legal Ethical Backbone of Conscientious Refusal

    DEFF Research Database (Denmark)

    Munthe, Christian; Nielsen, Morten Ebbe Juul

    2017-01-01

    This article analyzes the idea of a legal right to conscientious refusal for healthcare professionals from a basic legal ethical standpoint, using refusal to perform tasks related to legal abortion (in cases of voluntary employment) as a case in point. The idea of a legal right to conscientious...... refusal is distinguished from ideas regarding moral rights or reasons related to conscientious refusal, and none of the latter are found to support the notion of a legal right. Reasons for allowing some sort of room for conscientious refusal for healthcare professionals based on the importance of cultural...... identity and the fostering of a critical atmosphere might provide some support, if no countervailing factors apply. One such factor is that a legal right to healthcare professionals’ conscientious refusal must comply with basic legal ethical tenets regarding the rule of law and equal treatment...

  10. INTERACTION OF EUROPEAN AND RUSSIAN LEGAL CONSCIOUSNESS

    Directory of Open Access Journals (Sweden)

    A. Tyrtyshny

    2015-01-01

    Full Text Available This article provides an overview of certain ideologemes of Western (European and Russian legal consciousness – prominent works of Ivan Ilyin and Duncan Kennedy are taken as examples. The article analyzes the tabula rasa principle and its place in legal consciousness. We use legal scholarship, judicial practice and opinion polls to examine the relationship between legal consciousness and the lack of trust in Russian courts, as well as their inefficiency from the point of view of public opinion. There are a number of shocking cases of torture of innocent people by the Russian police. Why is this so? The answer lies in the legal consciousness of police officers and of judges. This is something that has been inherited from the Soviet period. It is completely different from the Western legal consciousness, one of the key features of which is denial of authority. The critical legal studies branch of American legal realism almost denies the very existence of law, and, perhaps for this reason, American culture is less open to abuses like torture. At the same time, there is no possibility to shift legal consciousness immediately, the tabula rasa principle does not work. The final objective of the article is to provide a perspective on the reform of higher legal education and its relation to legal consciousness and legal anthropology. We propose that a greater part of the university curriculum is devoted to legal anthropology.

  11. Abusive Legalism

    OpenAIRE

    Cheung, Alvin

    2018-01-01

    This paper suggests that one response to growing scrutiny of authoritarian tactics is to turn to sub-constitutional public law, or private law. By using “ordinary” law in ways that seem consistent with formal and procedural aspects of rule of law, autocrats can nonetheless frustrate the rule of law and consolidate power, while also avoiding drawing unfavourable attention to that consolidation. I refer to this phenomenon as “abusive legalism.” This paper makes three main contributions to the s...

  12. Pertinent reasoning

    CSIR Research Space (South Africa)

    Britz, K

    2010-05-01

    Full Text Available In this paper the authors venture beyond one of the fundamental assumptions in the non-monotonic reasoning community, namely that non-monotonic entailment is supra-classical. They investigate reasoning which uses an infra-classical entailment...

  13. The latitude of logic in legal hermeneutics

    Directory of Open Access Journals (Sweden)

    Medar Suzana

    2014-01-01

    Full Text Available Legal hermeneutics (the interpretation of law] has always taken a highly significant place in general hermeneutics. The interpretation of laws involves an intricate task of determining the real meaning or rationale of legal norms. Considering the complexity of this goal, the most frequent classification of legal hermeneutics is based on the interpretation instruments. In traditional theory, the most widely recognized instruments for the interpretation of legal norms are language, logic, legal system, history and purpose of a legal norm. Under the influence of general analytic philosophy, the particular interest in language as the basic instrument for the interpretation of law may be found in mid-20th century. The interest in the language of law is closely related to the study of legal logic and legal argumentation. In theory, there is no dispute about the logical interpretation in a narrow sense which is based on drawing true conclusions by applying the basic rule of formal reasoning. Yet, it has given a head start to argumentation as 'a problem-based reasoning skill' which provides answers to the questions raised in contentious cases. Argumentation is closely associated with the dialectic method of reasoning (which has been widely recognized since the Ancient Greece], where conclusions are based on probable premises. One of the most significant goals of the argumentation theory is to locate the sources or common grounds for developing arguments; these basic argumentative patterns are generally known as 'topoi' or 'loci, sedes argumentorum'. On the other hand, 'topica' is part of rhetoric art dealing with the theoretical explanation of the basic argumentative patterns (topoi] and how they are structured, including the location of new topoi and arguments. The most significant proponents of the topical reasoning are Chaïm Perelman and Theodor Viehweg. Perelman relates topical reasoning to judicial reasoning and considers that specific legal topoi

  14. Real time incorporation of random events in the reasoning of an on-line expert system. Application to the acoustic surveillance of vapor generators

    International Nuclear Information System (INIS)

    Launay, T.

    1989-03-01

    A study for improving an expert system applied in diagnostic assistance is presented. The results will be implemented in the vapor generators surveillance system. The aim of the work is to improve performances by reducing the time spent on reasoning and to strengthen the vigilance system. The investigation consists of four parts. In the first part, the state of the art of the different logics used in the artificial intelligence techniques is discussed, and the TMS and ATMS systems are presented. The second part of this thesis deals with problematics. Each point of the problem is studied and answered by applying the basic concepts used in the generation of on-line expert systems. In the third part, the on-line expert system generator ACTE is described. The ACTE aspects concerning the user, the inner structure and the functionality are considered. In the fourth part, an application to the surveillance of vapor generators and concluding remarks are presented [fr

  15. Legal Radiopathology

    International Nuclear Information System (INIS)

    Andrade Lima, L. de

    1986-01-01

    The author comments about the knowledge evolution about radioactivity and describes the most important chemical elements capable of discharging it and all the types of radioactivity according with Mendelejef's classification. He analyses the celular sensibility related to many variables, listing the biological effects that may happen depending on the quantity of radiation and exposition time to radiation. He also calls attention to procedures of dosimetry and radioprotection that must be done when anatomo-pathological examination of body fluids, discharges and tissues are carried out, stressing that protective clothing must be wear, decontamination or to make useless the material involved are important to get the job done. A description of the appropriated conditions to perform autopsy, to anoint and to cremate contaminated bodies and the procedures used by the Navy Hospital Marcilio Dias service of anatomo-pathology, Instituto de Radioprotecao e Dosimetria (IRD) and Comissao Nacional de Energia Nuclear (CNEN) is given, based on the experience gained in performing necropsy of dead patients and one anatomo-pathological examination of upper limb amputated inside the surgical room. He finishes describing the macroscopic injuries observed and listing the instrumental used, the reports made, giving details about the necropsy carried out and answering medical-legal matters. (author)

  16. The Legal Ethical Backbone of Conscientious Refusal.

    Science.gov (United States)

    Munthe, Christian; Nielsen, Morten Ebbe Juul

    2017-01-01

    This article analyzes the idea of a legal right to conscientious refusal for healthcare professionals from a basic legal ethical standpoint, using refusal to perform tasks related to legal abortion (in cases of voluntary employment) as a case in point. The idea of a legal right to conscientious refusal is distinguished from ideas regarding moral rights or reasons related to conscientious refusal, and none of the latter are found to support the notion of a legal right. Reasons for allowing some sort of room for conscientious refusal for healthcare professionals based on the importance of cultural identity and the fostering of a critical atmosphere might provide some support, if no countervailing factors apply. One such factor is that a legal right to healthcare professionals' conscientious refusal must comply with basic legal ethical tenets regarding the rule of law and equal treatment, and this requirement is found to create serious problems for those wishing to defend the idea under consideration. We conclude that the notion of a legal right to conscientious refusal for any profession is either fundamentally incompatible with elementary legal ethical requirements, or implausible because it undermines the functioning of a related professional sector (healthcare) or even of society as a whole.

  17. Proportional reasoning

    DEFF Research Database (Denmark)

    Dole, Shelley; Hilton, Annette; Hilton, Geoff

    2015-01-01

    Proportional reasoning is widely acknowledged as a key to success in school mathematics, yet students’ continual difficulties with proportion-related tasks are well documented. This paper draws on a large research study that aimed to support 4th to 9th grade teachers to design and implement tasks...

  18. Verbal Reasoning

    Science.gov (United States)

    1992-08-31

    Psicologia , 4(3), 183-198. 94 Guyote, M.J. and Sternberg, R.J. (1981). A transitive-chain theory of syllogistic reasoning. Cognitive Psychology, 13(4), 461...personal connections. Journal of Social Psychology, 20, 39-59. Newell, A. (1990). Unified Theories of Cognition. Cambridge, Massachusetts: Harvard

  19. Diagrammatic Reasoning

    DEFF Research Database (Denmark)

    Tylén, Kristian; Fusaroli, Riccardo; Stege Bjørndahl, Johanne

    2015-01-01

    of representational artifacts for purposes of thinking and communicating is discussed in relation to C.S. Peirce’s notion of diagrammatical reasoning. We propose to extend Peirce’s original ideas and sketch a conceptual framework that delineates different kinds of diagram manipulation: Sometimes diagrams...

  20. Laws of Language and Legal Language: A Study of Legal Language in Some Indonesian Regulations

    Directory of Open Access Journals (Sweden)

    Shidarta Shidarta

    2017-01-01

    Full Text Available Legal language must follow the laws of language (grammar that widely known and commonly used by the public, including groups of the scientist. Legal language on the other hand also recognizes specific terminologies. These terminologies were introduced by jurists or by legislative power holders. Accordingly, legal language became the product of legal doctrines or political decisions. The problems arose when a number of compositions and legal terms turned out to be elusive, convoluted, and ambiguous due to the pattern of writing that was once done and because of certain considerations. This article proposed reviewing the factors that result in problems. The author presented a solution to observe using hermeneutic methods of law and legal reasoning. The author argued that the text of the law was not neutral since it was trapped not only by the laws of language but also by the perspective of the interpreters as they believed such a perspective was based on the guidance of legal science. By using legal hermeneutics can be checked the depth of the meaning of the law; while over the legal reasoning can be seen its rationale according to legal science.

  1. Book Scarcity, Law Libraries and the Legal Profession in Nigeria.

    Science.gov (United States)

    Jegede, Oluremi

    1992-01-01

    Discussion of the effect of book scarcity on law libraries and the legal profession in Nigeria addresses the country's law library collections, reasons for book scarcity, local publication of legal literature, reasons why Nigerians publish abroad, and measures already taken and suggested measures to combat book scarcity. (14 references) (MES)

  2. The Reasonableness Test of the Principal Purpose Test Rule in OECD BEPS Action 6 (Tax Treaty Abuse) versus the EU Principle of Legal Certainty and the EU Abuse of Law Case Law

    OpenAIRE

    Weber, Dennis

    2017-01-01

    textabstractThe OECD BEPS Action 6 report contains a principal pur- pose test rule (PPT rule) for the purpose of combating abuse of tax treaties. This PPT rule is also included in the OECD Multilateral Instrument. The PPT rule is (amongst others) applicable when ‘it is rea- sonable to conclude’ that a benefit (granted by a tax treaty) was one of the principal purposes of any arrangement/ transaction. This requirement contains two elements: the reasonableness test and the principal purpose tes...

  3. [Abortion: towards worldwide legalization].

    Science.gov (United States)

    1998-09-01

    A table showing the current status of abortion in the world based on two recent and detailed studies is presented. Countries are categorized according to whether they totally prohibit abortion, permit it to save the mother's life, permit it to preserve her physical health or mental health, permit it for maternal socioeconomic reasons, or provide it at the mother's request. The countries are grouped into 5 geographic areas: America and the Caribbean; Central Asia, Middle East, and North Africa; East and South Asia and the Pacific; Europe; sub-Saharan Africa. The trend toward liberalization of laws is clear. The development of abortion laws is moving in the direction of complete legalization, that is, the creation of health norms that facilitate abortion for all women, with guarantees of medical safety. There are still countries that move to restrict access to abortion, and in a few cases, such as Colombia and Poland, legalization and prohibition have alternated depending on the social and political circumstances of the moment. In the past 12 years, 28 countries liberalized their laws in some way, while 4 countries with close ties to the Vatican restricted or prohibited access.

  4. Legal Philosophy - Five Questions

    DEFF Research Database (Denmark)

    This collection gathers together a host of the most eminent contemporary legal philosophers, who writes about their take on legal philosophy, its fundamental questions and potential.......This collection gathers together a host of the most eminent contemporary legal philosophers, who writes about their take on legal philosophy, its fundamental questions and potential....

  5. Assessing potential future environmental legal events

    Energy Technology Data Exchange (ETDEWEB)

    Tonn, B. [Oak Ridge National Lab., TN (United States); Petrich, C. [The Ernst and Yound Center for Business Innovation, Cambridge, MA (United States)

    1997-10-28

    This report addresses the topic of environmental citizenship in the United States. The term refers to responsibilities each of us have with respect to helping our communities and nation make sound environmental decisions. This research centers on the citizens and what we ought to be doing, as opposed to what the government ought to be doing for us, to improve environmental citizenship. This report examines four central questions: What are the requirements (i.e., responsibilities) of citizenship vis-a-vis environmental decision- making processes; what constraints limit people`s ability to meet these requirements; what does our form of governance do to help or hinder in meeting these requirements; and what recommendations can be put forth to improve public participation in environmental decision making?

  6. Properties of inductive reasoning.

    Science.gov (United States)

    Heit, E

    2000-12-01

    This paper reviews the main psychological phenomena of inductive reasoning, covering 25 years of experimental and model-based research, in particular addressing four questions. First, what makes a case or event generalizable to other cases? Second, what makes a set of cases generalizable? Third, what makes a property or predicate projectable? Fourth, how do psychological models of induction address these results? The key results in inductive reasoning are outlined, and several recent models, including a new Bayesian account, are evaluated with respect to these results. In addition, future directions for experimental and model-based work are proposed.

  7. Inductive reasoning.

    Science.gov (United States)

    Hayes, Brett K; Heit, Evan; Swendsen, Haruka

    2010-03-01

    Inductive reasoning entails using existing knowledge or observations to make predictions about novel cases. We review recent findings in research on category-based induction as well as theoretical models of these results, including similarity-based models, connectionist networks, an account based on relevance theory, Bayesian models, and other mathematical models. A number of touchstone empirical phenomena that involve taxonomic similarity are described. We also examine phenomena involving more complex background knowledge about premises and conclusions of inductive arguments and the properties referenced. Earlier models are shown to give a good account of similarity-based phenomena but not knowledge-based phenomena. Recent models that aim to account for both similarity-based and knowledge-based phenomena are reviewed and evaluated. Among the most important new directions in induction research are a focus on induction with uncertain premise categories, the modeling of the relationship between inductive and deductive reasoning, and examination of the neural substrates of induction. A common theme in both the well-established and emerging lines of induction research is the need to develop well-articulated and empirically testable formal models of induction. Copyright © 2010 John Wiley & Sons, Ltd. For further resources related to this article, please visit the WIREs website. Copyright © 2010 John Wiley & Sons, Ltd.

  8. Heuristic reasoning

    CERN Document Server

    2015-01-01

    How can we advance knowledge? Which methods do we need in order to make new discoveries? How can we rationally evaluate, reconstruct and offer discoveries as a means of improving the ‘method’ of discovery itself? And how can we use findings about scientific discovery to boost funding policies, thus fostering a deeper impact of scientific discovery itself? The respective chapters in this book provide readers with answers to these questions. They focus on a set of issues that are essential to the development of types of reasoning for advancing knowledge, such as models for both revolutionary findings and paradigm shifts; ways of rationally addressing scientific disagreement, e.g. when a revolutionary discovery sparks considerable disagreement inside the scientific community; frameworks for both discovery and inference methods; and heuristics for economics and the social sciences.

  9. Regional Legal Assistance

    Directory of Open Access Journals (Sweden)

    Abdul Fatah

    2015-06-01

    Full Text Available Legal aid policy in the area carried out on several considerations including: Implementation of the authority given to the legal aid act, granting the guarantee and protection of access to justice and equality before the law in the area, equitable distribution of justice and increase public awareness and understanding of the law, and legal implications that accompanied the emergence of the right to legal counsel without pay and the right to choose the legal settlement. How To Cite Fatah, A. (2015. Regional Legal Assistance. Rechtsidee, 2(1, 1-10. doi:http://dx.doi.org/10.21070/jihr.v2i1.7

  10. The legal status of Uncertainty

    Science.gov (United States)

    Altamura, M.; Ferraris, L.; Miozzo, D.; Musso, L.; Siccardi, F.

    2011-03-01

    An exponential improvement of numerical weather prediction (NWP) models was observed during the last decade (Lynch, 2008). Civil Protection (CP) systems exploited Meteo services in order to redeploy their actions towards the prediction and prevention of events rather than towards an exclusively response-oriented mechanism1. Nevertheless, experience tells us that NWP models, even if assisted by real time observations, are far from being deterministic. Complications frequently emerge in medium to long range forecasting, which are subject to sudden modifications. On the other hand, short term forecasts, if seen through the lens of criminal trials2, are to the same extent, scarcely reliable (Molini et al., 2009). One particular episode related with wrong forecasts, in the Italian panorama, has deeply frightened CP operators as the NWP model in force missed a meteorological adversity which, in fact, caused death and dealt severe damage in the province of Vibo Valentia (2006). This event turned into a very discussed trial, lasting over three years, and intended against whom assumed the legal position of guardianship within the CP. A first set of data is now available showing that in concomitance with the trial of Vibo Valentia the number of alerts issued raised almost three folds. We sustain the hypothesis that the beginning of the process of overcriminalization (Husak, 2008) of CPs is currently increasing the number of false alerts with the consequent effect of weakening alert perception and response by the citizenship (Brezntiz, 1984). The common misunderstanding of such an issue, i.e. the inherent uncertainty in weather predictions, mainly by prosecutors and judges, and generally by whom deals with law and justice, is creating the basis for a defensive behaviour3 within CPs. This paper intends, thus, to analyse the social and legal relevance of uncertainty in the process of issuing meteo-hydrological alerts by CPs. Footnotes: 1 The Italian Civil Protection is working

  11. The legal status of Uncertainty

    Directory of Open Access Journals (Sweden)

    M. Altamura

    2011-03-01

    Full Text Available An exponential improvement of numerical weather prediction (NWP models was observed during the last decade (Lynch, 2008. Civil Protection (CP systems exploited Meteo services in order to redeploy their actions towards the prediction and prevention of events rather than towards an exclusively response-oriented mechanism1.

    Nevertheless, experience tells us that NWP models, even if assisted by real time observations, are far from being deterministic. Complications frequently emerge in medium to long range forecasting, which are subject to sudden modifications. On the other hand, short term forecasts, if seen through the lens of criminal trials2, are to the same extent, scarcely reliable (Molini et al., 2009.

    One particular episode related with wrong forecasts, in the Italian panorama, has deeply frightened CP operators as the NWP model in force missed a meteorological adversity which, in fact, caused death and dealt severe damage in the province of Vibo Valentia (2006. This event turned into a very discussed trial, lasting over three years, and intended against whom assumed the legal position of guardianship within the CP. A first set of data is now available showing that in concomitance with the trial of Vibo Valentia the number of alerts issued raised almost three folds. We sustain the hypothesis that the beginning of the process of overcriminalization (Husak, 2008 of CPs is currently increasing the number of false alerts with the consequent effect of weakening alert perception and response by the citizenship (Brezntiz, 1984.

    The common misunderstanding of such an issue, i.e. the inherent uncertainty in weather predictions, mainly by prosecutors and judges, and generally by whom deals with law and justice, is creating the basis for a defensive behaviour3 within CPs. This paper intends, thus, to analyse the social and legal relevance of uncertainty in the process of issuing

  12. Case Briefs in Legal English Classes

    Directory of Open Access Journals (Sweden)

    Bilová Stĕpánka

    2016-06-01

    Full Text Available A case brief can be described as a succinct summary of a case which specifies the facts, procedural history, legal issue(s, court decision and legal reasoning supporting the judgment, even though exact formats may vary. Case briefing is a demanding activity which is required from students during their law studies. The goal is to teach students to focus on the essential parts of the case and to obtain a thorough understanding of the case and the reasoning, which means the students need to employ their analytical and critical thinking skills.

  13. Dementia and Legal Competency

    OpenAIRE

    Filaković, Pavo; Petek Erić, Anamarija; Mihanović, Mate; Glavina, Trpimir; Molnar, Sven

    2011-01-01

    The legal competency or capability to exercise rights is level of judgment and decision-making ability needed to manage one's own affairs and to sign official documents. With some exceptions, the person entitles this right in age of majority. It is acquired without legal procedures, however the annulment of legal capacity requires a juristic process. This resolution may not be final and could be revoked thorough the procedure of reverting legal capacity – fully or partially. Given ...

  14. The Legal Case

    NARCIS (Netherlands)

    Sartor, Giovanni; Contissa, Giuseppe; Schebesta, H.; Laukyte, Migle; Lanzi, Paola; Marti, Patrizia; Paola, Tomasello

    2013-01-01

    This paper presents the first release of the Legal Case, recently developed by the ALIAS Project and still under refinement. The Legal Case is a methodological tool intended to address liability issues of automated ATM systems: it provides for a legal risk management process that can be applied

  15. Consentimento informado na investigação psicológica com imputáveis e inimputáveis no âmbito do ordenamento jurídico português Informed consent in psychological research with citizens able-to-stand-trial and not-guilty-by-reason-of-insanity under the Portuguese legal

    Directory of Open Access Journals (Sweden)

    Emília Tavares Marques

    2012-12-01

    Full Text Available Neste artigo, enquadrado numa investigação mais ampla na área da psicologia, que envolve imputáveis e inimputáveis, realizada num estabelecimento prisional em Portugal, pretendemos fazer uma breve revisão bibliográfica sobre a utilidade ea importância do consentimento informado na pesquisa, quer com cidadãos livres, quer com cidadãos juridicamente privados de liberdade. Consideramos que todo o profissional de saúde, nomeadamente psicólogo, deve pugnar pela obediência a firmes padrões de ética nas investigações, independentemente do grupo que esteja a estudar. Começamos por definir as noções de de ontologia e ética, e depois nos debruçamos sobre os princípios éticos contemplados no ordenamento jurídico português sobre o consentimento informado, entre os quais o respeito pela dignidade da pessoa, a competência, a responsabilidade e a beneficência e não mal eficência.In this paper, framed in a broader research in the field of psychology that involves able-to-stand-trial and not-guilty-by-reason-of-insanity in a prison in Portugal, we intend to briefly review the literature on the usefulness and importance of informed consent in research with free citizens and with citizens legally deprived of freedom. We believe that all health professionals, namely psychologists, should strive for compliance with firm standards of ethics in research, regardless of the group being studied. We begin, then, define the concepts of deontology and ethics, and then turning to the ethical principles covered in the portuguese legal informed consent, including respect for human dignity, competence, responsibility and kindness and not nonmaleficence. Within this framework, we discuss issues that arise when citizens informed consent in legally deprived of their liberty: and attributable indictment.

  16. Legalized abortion in Japan.

    Science.gov (United States)

    Hart, T M

    1967-10-01

    The enactment of the Eugenic Protection Act in Japan was followed by many changes. The population explosion was stemmed, the birth rate was halved, and while the marriage rate remained steady the divorce rate declined. The annual total of abortions increased until 1955 and then slowly declined. The highest incidence of abortions in families is in the 30 to 34 age group when there are four children in the family. As elsewhere abortion in advanced stages of pregnancy is associated with high morbidity and mortality. There is little consensus as to the number of criminal abortions. Reasons for criminal abortions can be found in the legal restrictions concerning abortion: Licensing of the abortionist, certification of hospitals, taxation of operations and the requirement that abortion be reported. Other factors are price competition and the patient's desire for secrecy. Contraception is relatively ineffective as a birth control method in Japan. Oral contraceptives are not yet government approved. In 1958 alone 1.1 per cent of married women were sterilized and the incidence of sterilization was increasing.

  17. Dementia and legal competency.

    Science.gov (United States)

    Filaković, Pavo; Erić, Anamarija Petek; Mihanović, Mate; Glavina, Trpimir; Molnar, Sven

    2011-06-01

    The legal competency or capability to exercise rights is level of judgment and decision-making ability needed to manage one's own affairs and to sign official documents. With some exceptions, the person entitles this right in age of majority. It is acquired without legal procedures, however the annulment of legal capacity requires a juristic process. This resolution may not be final and could be revoked thorough the procedure of reverting legal capacity - fully or partially. Given the increasing number of persons with dementia, they are often subjects of legal expertise concerning their legal capacity. On the other part, emphasis on the civil rights of mentally ill also demands their maximal protection. Therefore such distinctive issue is approached with particular attention. The approach in determination of legal competency is more focused on gradation of it's particular aspects instead of existing dual concept: legally capable - legally incapable. The main assumption represents how person with dementia is legally capable and should enjoy all the rights, privileges and obligations as other citizens do. The aspects of legal competency for which person with dementia is going to be deprived, due to protection of one's rights and interests, are determined in legal procedure and then passed over to the guardian decided by court. Partial annulment of legal competency is measure applied when there is even one existing aspect of preserved legal capability (pension disposition, salary or pension disposition, ability of concluding contract, making testament, concluding marriage, divorce, choosing whereabouts, independent living, right to vote, right to decide course of treatment ect.). This measure is most often in favour of the patient and rarely for protection of other persons and their interests. Physicians are expected to precisely describe early dementia symptoms which may influence assessment of specific aspects involved in legal capacity (memory loss, impaired task

  18. Legal liability and claims for the hotel industry

    OpenAIRE

    Dimcho Todorov

    2017-01-01

    The paper presents a review of various aspects of legal liability and claims to hotel management arising in the hotel industry in the context of the legal framework and possible legal consequences for hotels and other types of commercial accommodation establishments. The main reasons for accidents' occurrence in the hotel industry are chronologically traced. Possible claims to the hotel management are also presented in detail. The problem with workplace discrimination, which is considered as ...

  19. The Use and Incorporation of Extralegal Insights in Legal Reasoning

    NARCIS (Netherlands)

    Giesen, Ivo

    2015-01-01

    Following the US example, European scholarship has seen more and more interdisciplinary or multidisciplinary academic work being carried out over the last few decades, not only in criminal law but also relating to private law and civil procedure. In such studies ‘extralegal’ knowledge from, for

  20. Legal method in danish law

    DEFF Research Database (Denmark)

    Blume, Peter Erik

    and furthermore a brief account of Danish legal history is provided. The following chapters concern: • Legal institutions, • Statute and Statutory Law • Legal Decisions • Legal Literature and Legal Knowledge • Other National Legal Sources • External Influences on Danish Law......This book describes how legal method is used within the Danish legal system. Its target group is foreign lawyers and law students who have an interest in knowing how Danish law commonly is determined and applied. In the first chapters legal method and legal sources in general are defined...

  1. Medico legal issues.

    Science.gov (United States)

    Mackenzie, Geraldine; Carter, Hugh

    2010-01-01

    This chapter gives an educational overview of: * An awareness of the legal issues involved in health informatics * The need for the privacy and security of the patient record * The legal consequences of a breach of the security of the patient record * The concept of privacy law and what precautions ought to be taken to minimize legal liability for a breach of privacy and/or confidentiality.

  2. Legal Problems of the Principal.

    Science.gov (United States)

    Stern, Ralph D.; And Others

    The three talks included here treat aspects of the law--tort liability, student records, and the age of majority--as they relate to the principal. Specifically, the talk on torts deals with the consequences of principal negligence in the event of injuries to students. Assurance is given that a reasonable and prudent principal will have a minimum…

  3. Should Drugs Be Legalized?

    Science.gov (United States)

    Chambliss, William; Scorza, Thomas

    1989-01-01

    Presents two opposing viewpoints concerning the legalization of drugs. States that control efforts are not cost effective and suggests that legalization with efforts at education is a better course of action (W. Chambliss). The opposing argument contends that the cost in human suffering negates any savings in dollars gained through legalization…

  4. The flash flood event in the catchment of the river Weisseritz (eastern Erzgebirge, Saxony) from 12.-14. August 2002 - meteorological and hydrological reasons, damage assesment and disaster managment

    Science.gov (United States)

    Goldberg, V.; Bernhofer, Ch.

    2003-04-01

    Between 12. and 14. August 2002 the region of eastern Erzgebirge (Saxony/Eastern Germany) was affected by the heaviest rainfall event recorded since beginning of the measuring period in 1883. The synoptic reason of this event was the advective precipitation due to the strong and very slowly shifting Vb-low "Ilse" combined with a noticeable topographic intensification by north-westerly winds. All stations in the catchment area of the river Weisseritz recorded new all-time records. E.g., at the meteorological station Zinnwald-Georgenfeld situated at the crest of eastern Erzgebirge a daily sum of 312 mm was measured for the 13. August. This value is close to the maximum physically possible rainfall. The intensive rainfall in the catchments of Rote Weisseritz and Wilde Weisseritz led to unexperienced heavy flash floods with large material transport and flow damages. The buffer effect of the existing dam systems was comparatively small because the reserved retaining capacity for flood protection was only about 20 percent of the total capacity. The reservoirs filled quickly due to the very high maximum inflow. So a long-time overflow of the dam system occurred with a maximum of about 300 cubic meters per second at the combined river Weisseritz through the cities of Freital and Dresden (This situation led, e.g., to the flooding of Central Railway Station in Dresden). This water flow is comparable with a medium flow rate of the river Elbe in Dresden, and it is about 300 times higher than the normal drain of the river Weisseritz in Freital! The material damages in the Weisseritz region account for several hundred millions EURO, and several causalties occurred. The damages of the University buildings in Tharandt (including one building of the Department of Meteorology) account for 15 millions EURO alone. The disaster management during the flood was not optimal. For many people, e.g. in Tharandt, there was neither an officially warning nor an organised rescue of movable goods

  5. One good reason to speak of ‘climate refugees’

    Directory of Open Access Journals (Sweden)

    François Gemenne

    2015-05-01

    Full Text Available The concept of ‘environmental refugees’, or ‘climate refugees’, has been progressively abandoned, as having no legal basis. I want to argue that there are good reasons to use the term.

  6. Methodology in Legal Research

    Directory of Open Access Journals (Sweden)

    Tom R. Tyler

    2017-12-01

    Full Text Available Recent legal scholarship demonstrates increased attention to empirical research in the design and evaluation of law and the policies and practices of legal authorities. The growth of evidence informed law is an exciting development and one that promises to improve the legal system. In this paper I argue for the particular value of drawing not just upon empirical research methods when evaluating existing policies and practices but upon social science theories. Theory based research provides a basis for imagining and testing different models about how the legal system might operate. I support this argument by presenting research on social science frameworks for legal authority which are alternatives to the currently prevalent instrumental model.

  7. Ethical issues in medico-legal exposures

    International Nuclear Information System (INIS)

    O'Reilly, G.; Malone, J. F.

    2008-01-01

    The Medical Exposure Directive (MED) 97/43/Euratom defines medico-legal procedures as 'procedures performed for insurance or legal purposes without a medical indication'. The term 'medico-legal exposures' covers a wide range of possible types of exposures, very different in nature, for which the only feature in common is the fact that the main reason for performing them does not relate directly to the health of the individual being exposed to ionising radiation. The key issue in medico-legal exposures is justification. Balancing the advantages and disadvantages of such exposures is complex because not only can these be difficult to quantify and hence compare, but often the advantage may be to society whereas the disadvantage is usually to an individual. This adds an additional layer of ethical complexity to the problem and one, which requires input from a number of sources beyond the established radiation protection community. Because medico-legal exposures are considered to be medical exposures, they are not subject to dose limits. In medico-legal exposures where the benefit is not necessarily to the individual undergoing the exposure, the question must be asked as to whether or not this is an appropriate framework within which to conduct such exposures. This paper looks at the current situation in Europe, highlighting some of the particular problems that have arisen, and tries to identify the areas, which require further clarification and guidance. (authors)

  8. SENTINEL EVENTS

    Directory of Open Access Journals (Sweden)

    Andrej Robida

    2004-09-01

    the surveyed persons agreed to disclosure of the event to a patient but this was the case in less than half of the occasions.Conclusions. The small number of reports of sentinel events, late or incomplete reporting of conducted analyses of root causes and plans for future prevention of these events and survey data showed the state of culture in the majority of hospitals. Fear of reporting and therefore, hiding of errors or ascribing errors to the »usual« complications of a disease or procedures, the reaction of leadership to quickly find a culprit for the event, disregarding a serious approach to analyze the event and taking measures for their future prevention leads to the culture of silence. Root cause analysis of the events showed that the reason frequently lies in systems and processes and not in individuals. Health care will never be without risks for patients. However, with an open approach without the blaming and shaming of individuals, implementation of reporting the events in hospitals and other health care facilities with clear goals of patient safety, standardization of equipment, materials, and processes and education on patient safety many sentinel events and medical errors could and should be prevented.

  9. Society as a crime victim of legal entities

    Directory of Open Access Journals (Sweden)

    Tanjević Nataša

    2011-01-01

    Full Text Available Tortious acts of legal entities have unforeseen harmful consequences in all areas. In the greedy desire to gain profit, certain legal entities do not have any regard for the most important resources of individuals and society. Damage resulting from the commission of criminal acts is very high for the whole society, especially when it comes to crimes against the environment. In order to prevent and combat corporate crime in criminal law, an increasingly wider acceptance of criminal liability of legal entities was adopted. This paper discusses the basic characteristics of corporate crime, as well as the reasons for the introduction of the criminal responsibility of legal entities. In this regard, we analyzed the law provisions regarding the liability of legal entities for criminal offenses, and concluded that despite the criminal-political need to react with more serious sanctions to the offenses of legal entities, there are certain obstacles and problems that stand in the way of introducing this responsibility.

  10. Abortion legalized: challenges ahead.

    Science.gov (United States)

    Singh, M; Jha, R

    2007-01-01

    To see whether advocacy for abortion law and comprehensive abortion care (CAC) sites after legalization of abortion in Nepal is adequate among educated people (above school leaving certificate). 150 participants were assigned randomly who agreed to be in the survey and were given structured questionnaires to find out their perception of abortion and CAC sites. Majority know abortion is legalized and majority have positive attitude about legalization of abortion, however majority are not aware of abortion service in CAC sites and none knew the cost of abortion service. Proper and adequate advocacy of the new abortion law and CAC service is essential.

  11. Relations between Inductive Reasoning and Deductive Reasoning

    Science.gov (United States)

    Heit, Evan; Rotello, Caren M.

    2010-01-01

    One of the most important open questions in reasoning research is how inductive reasoning and deductive reasoning are related. In an effort to address this question, we applied methods and concepts from memory research. We used 2 experiments to examine the effects of logical validity and premise-conclusion similarity on evaluation of arguments.…

  12. Whistleblowing: a legal commentary.

    Science.gov (United States)

    Cornock, Marc

    2011-10-01

    This article examines the legal position of a nurse who believes that a colleague is performing below the level of competence required, witnesses inappropriate action by a colleague, or who believes that the care environment is putting patients at risk.

  13. Legal nature of affatomia

    Directory of Open Access Journals (Sweden)

    Stanković Miloš

    2015-01-01

    Full Text Available In Salian and Ripuarian Code affatomia represented a bilateral legal transaction that was aimed at changing of the scoped of heirs determined by the customs, at least insofar being applied in the absence of biological descendants only. However, almost all further similarities in the field cease at this point. The form for using affatomia with Ripuarian Franks was much simpler than the one with the Salian Franks. Unlike the Salian Franks, affatomia could by all odds be used by Ripuarian Franks spouses in determining each other for a heir. Legal nature of the Salian Franks affatomia is most similar to the mancipatio familiae type of will in the Roman law (which does not mean it emerged from this law, while its form in the Ripuarian Code is much closer to testamentary adoption. As with Ripuarian Franks, affatomia seems to have definitely produced legal effects only after the death of the disposant, while its legal effects with the Salian Code performed inter vivos. Contemporary authors are trying to designate the legal nature of legal affairs from the early development of human and legal civilization through modern institutes that represent the completion of their evolutionary path. Taking the inheritance contract of the German or Swiss law, or the future assets donation of the French law, for example, and then comparing them to affatomia and thinx is an anachronism. This is evident by the fact that the legal nature of these ancient Germanic institutes can not be viewed unilaterally, but always through a combination of those institutes which we know today as adoption, gift or mixed donation with retention of different modalities for the transferor or the testator (usually usufruct. In this sense, if we are looking for a inheritance agreement in the Middle Ages, the contract in which a person determines other person for his/her universal or singular successor in the modern sense, we will certainly not find one. However, if within this institute we

  14. Indonesian legal framework to support innovation sustainability

    Science.gov (United States)

    Pratama, Bambang

    2018-03-01

    The successful economy in a country can be measured by the number of commercializing intellectual property rights (IPR). To pursue IPR growth, triple helix component becomes a backbone to weave academia, business and government to collaborate with each other. Generally, collaborations move from their common interest, but within triple helix the collaboration can be run structurally and sustain. Depart from the arguments; the question arises: How is the condition of Indonesia Innovation System? Through legal approach, this paper will explain current legal condition and legal structure of the Indonesian innovation system. The reason to review the law is to relate with the government’s target to create 1000 digital start-ups alike as in Silicon Valley level size. Therefore, legal framework review becomes useful to explain the condition of the law as a supporting system. In this sense, the legal prescription can be generated to confirm Indonesian laws, whether supported the national innovation system or conversely. Within law perspective, Indonesian government categorizes the innovative industry as a creative industry. However, there is still no resolute concept to follow. Therefore, some of law adjustment is needed to support the government’s plan to pursue commercialized innovation.

  15. Legal regime of communal waste disposal

    OpenAIRE

    Záruba, Lukáš

    2009-01-01

    Legal regulation of Municipal Waste Management The purpose of my thesis is to analyse the national legislative frameworks on municipal waste management. The reason for my research is based on the fact that waste volumes are growing, driven by changing production and consumption patterns. As confirmed in the Sixth Environment Action Programme, waste management is one of the key priorities of EU environmental policy and the framework in this area has been progressively put in place since 1970s....

  16. The War in Afghanistan: A Legal Analysis

    Science.gov (United States)

    2009-01-01

    parts of the legal environment. Al Qaeda’ s agents and franchisees often operate across political boundaries and may be independent of or have only...with illicit drug money and benefitting from either indifferent or actively sympathetic elements in some contiguous States, rein- forced its control...occupation forces failed in their attempts to pacify the country. A major reason for this failure was that the mujahedin benefitted from US weapons and

  17. Safeguards summary event list (SSEL)

    International Nuclear Information System (INIS)

    Davidson, J.J.; MacMurdy, P.H.

    1980-12-01

    The List contains nine categories of events involving NRC licensed material or licensees. It is deliberately broad in scope for two main reasons. First, the list is designed to serve as a reference document. It is as complete and accurate as possible. Second, the list is intended to provide as broad a perspective of the nature of licensee-related events as possible. The nine categories of events are as follows: bomb-related events; intrusion events; missing and/or allegedly stolen events; transportation-related events; vandalism events; arson events; firearms-related events; sabotage events; and miscellaneous events

  18. Non-Verbal Reasoning Ability and Academic Achievement as Moderators of the Relation between Adverse Life Events and Emotional and Behavioural Problems in Early Adolescence: The Importance of Moderator and Outcome Specificity

    Science.gov (United States)

    Flouri, Eirini; Tzavidis, Nikos

    2011-01-01

    This study was carried out to model the functional form of the effect of contextual risk (number of adverse life events) on emotional and behavioural problems in early adolescence, and to test how intelligence and academic achievement compare as moderators of this effect. The effect of number of adverse life events on emotional and behavioural…

  19. UN legal advisers meet

    International Nuclear Information System (INIS)

    1969-01-01

    Legal Advisers from twelve international organizations belonging to the United Nations Organization's family met at the Agency's Headquarters in Vienna on 19 and 20 May to discuss legal problems of common administrative interest. The meeting was held on the initiative of the Agency while the UN Conference on the Law of Treaties was taking place in Vienna during April and May. With Mr. Constantin A. Stavropoulos, Under-Secretary, Legal Counsel of the United Nations, as chairman, this was the second meeting of Legal Advisers since 1954. The following organizations were represented: Food and Agriculture Organization of the United Nations, International Atomic Energy Agency, International Bank for Reconstruction and Development, International Civil Aviation Organization, International Labour Organisation, Inter-Governmental Maritime Consultative Organization, International Monetary Fund, International Telecommunication Union, United Nations, United Nations Educational, Scientific and Cultural Organization, United Nations Industrial Development Organization, World Health Organization. Topics discussed included the recruitment of legal staff and possible exchange of staff between organizations; competence and procedure of internal appeals committees, experience with cases before the Administrative Tribunals and evaluation of their judgments; experience with Staff Credit Unions; privileges and immunities of international organizations; headquarters and host government agreements; and patent policies of international organizations. Consultations will continue through correspondence and further meetings. (author)

  20. Legal highs - legal aspects and legislative solutions.

    Science.gov (United States)

    Kapka-Skrzypczak, Lucyna; Kulpa, Piotr; Sawicki, Krzysztof; Cyranka, Małgorzata; Wojtyła, Andrzej; Kruszewski, Marcin

    2011-01-01

    In recent years the attention of society, the media and politicians has focused on the negative phenomenon of the occurrence of an enormous amount of new psychoactive substances flooding the European market. In Poland and in Europe they are known under the name 'legal highs' or 'smart drugs'. In many countries these compounds present a serious social and health problem. The core of the problem is the fact that in the light of the law these substances are legal, while actually they imitate the eff ect of illegal narcotics. Smart drugs are sold allegedly as 'products not intended for human consumption', under the cover of 'collector's commodities', 'incense sticks' or 'bath salts'. Efforts undertaken by many countries, including Poland, are biased towards gaining control over this pathological phenomenon by placing the subsequent substances on the list of prohibited agents. However, the resilient chemical and pharmaceutical industry still remains one step ahead by introducing new derivatives of already banned products, practically identical in action. The presented article is an attempt to bring closer the problem of smart drugs in Poland, from the occurrence of this alarming phenomenon, through the spread of sales in shops all over Poland, to a series of changes in the Polish anti-narcotic law, drastic actions of closing the shops throughout the entire country, and transferring the sale of smart drugs to the internet.

  1. Argumentation from reasonableness in the justification of judicial decisions

    NARCIS (Netherlands)

    Feteris, E.T.; Bustamante, T.; Dahlman, C.

    2015-01-01

    In legal decision-making reasonableness plays an important role. In the literature, generally speaking, there is a consensus that reasonableness as a norm for judges in the application of law implies that they take into account a combination of different considerations of a normative and factual

  2. Relations between inductive reasoning and deductive reasoning.

    Science.gov (United States)

    Heit, Evan; Rotello, Caren M

    2010-05-01

    One of the most important open questions in reasoning research is how inductive reasoning and deductive reasoning are related. In an effort to address this question, we applied methods and concepts from memory research. We used 2 experiments to examine the effects of logical validity and premise-conclusion similarity on evaluation of arguments. Experiment 1 showed 2 dissociations: For a common set of arguments, deduction judgments were more affected by validity, and induction judgments were more affected by similarity. Moreover, Experiment 2 showed that fast deduction judgments were like induction judgments-in terms of being more influenced by similarity and less influenced by validity, compared with slow deduction judgments. These novel results pose challenges for a 1-process account of reasoning and are interpreted in terms of a 2-process account of reasoning, which was implemented as a multidimensional signal detection model and applied to receiver operating characteristic data. PsycINFO Database Record (c) 2010 APA, all rights reserved.

  3. Discrimination of legal entities: Phenomenological characteristics and legal protection

    Directory of Open Access Journals (Sweden)

    Petrušić Nevena

    2017-01-01

    Full Text Available Their social nature encourages people to associate and jointly achieve the goals that they would not be able to achieve individually. Legal entities are created as one of the legal modalities of that association, as separate entities that have their own legal personality independent of the subjectivity of their members. Legal entities are holders of some human rights, depending on the nature of the right, including the right to non-discrimination. All mechanisms envisaged for legal protection against discrimination in the national legislation are available to legal persons. On the other hand, the situation is quite different in terms of access to international forums competent to deal with cases of discrimination. Legal entities do not have access to some international forums, while they may have access to others under the same conditions prescribed for natural persons. Legal entities may be exposed to various forms of direct and indirect discrimination both in the private and in the public sphere of social relations. Phenomenological characteristics of discrimination against legal persons are not substantially different from discrimination against individuals. There are no significant differences regarding the application of discrimination test in cases of discrimination of legal entities as compared to the use of this test in cases involving discrimination of natural persons or groups of persons. Legal entities may be discriminated against on the basis of characteristics of their legal personality, such as those which are objective elements of the legal entity and part of its legal identity. Discrimination of legal entities may be based on personal characteristics of its members (i.e. people who make a personal essence of a legal entity because their characteristics can be 'transferred' to the legal entity and become part of its identity. Legal entities should also be protected from this special form of transferred (associative discrimination.

  4. Stereotypical Reasoning: Logical Properties

    OpenAIRE

    Lehmann, Daniel

    2002-01-01

    Stereotypical reasoning assumes that the situation at hand is one of a kind and that it enjoys the properties generally associated with that kind of situation. It is one of the most basic forms of nonmonotonic reasoning. A formal model for stereotypical reasoning is proposed and the logical properties of this form of reasoning are studied. Stereotypical reasoning is shown to be cumulative under weak assumptions.

  5. Theoretical Issues of Legal Regulation of Municipal Solid Waste Handling

    OpenAIRE

    Altynbekkyzy Alua; Bekezhanov Dauren Nurzhanovich

    2017-01-01

    The relevance of comparative analysis of legal regulation of environmental protection is due to several reasons. Firstly, it expands the boundaries of interpretation of legal norms and acts of environmental law. Secondly, it allows relying on experience in the latest achievements of legislative activity in developed countries. Thirdly, taking into consideration the legislative mistakes of other countries, it helps to avoid similar mistakes in the process of improving Kazakh legislation. And f...

  6. Commission on Legal Matters

    CERN Multimedia

    Staff Association

    2016-01-01

    What is a commission within the Staff Association (SA)? A commission is a working group of the CERN Staff Council, led by a staff representative. The commission is composed mainly of staff representatives, but interested members of the SA can apply to participate in the work of a commission. What is the commission on legal matters? The commission on legal matters works on texts governing the employment conditions of staff (Employed Members of Personnel and Associated Members of Personnel). This covers legal documents such as the Staff Rules and Regulations, administrative and operational circulars, as well as any other document relating to employment conditions. How is the work organised in this commission? The revision process of the text is generally done along following lines: The HR department, and its legal experts, proposes new texts or modifications to existing texts. A schedule for the study of these texts is established each year and this calendar by the commission to plan its work. The new or modi...

  7. Minimally legally invasive dentistry.

    Science.gov (United States)

    Lam, R

    2014-12-01

    One disadvantage of the rapid advances in modern dentistry is that treatment options have never been more varied or confusing. Compounded by a more educated population greatly assisted by online information in an increasingly litigious society, a major concern in recent times is increased litigation against health practitioners. The manner in which courts handle disputes is ambiguous and what is considered fair or just may not be reflected in the judicial process. Although legal decisions in Australia follow a doctrine of precedent, the law is not static and is often reflected by community sentiment. In medical litigation, this has seen the rejection of the Bolam principle with a preference towards greater patient rights. Recent court decisions may change the practice of dentistry and it is important that the clinician is not caught unaware. The aim of this article is to discuss legal issues that are pertinent to the practice of modern dentistry through an analysis of legal cases that have shaped health law. Through these discussions, the importance of continuing professional development, professional association and informed consent will be realized as a means to limit the legal complications of dental practice. © 2014 Australian Dental Association.

  8. Euthanasia: Some Legal Considerations

    Science.gov (United States)

    Koza, Pamela

    1976-01-01

    Several sections of the Criminal Code of Canada which are relevant to the issue of euthanasia are discussed. In addition, the value placed on the sanctity of life by the law, the failure to recognize motive in cases of euthanasia, and disparate legal and medical definitions of death are also considered. (Author)

  9. Documents and legal texts

    International Nuclear Information System (INIS)

    2017-01-01

    This section treats of the following documents and legal texts: 1 - Belgium 29 June 2014 - Act amending the Act of 22 July 1985 on Third-Party Liability in the Field of Nuclear Energy; 2 - Belgium, 7 December 2016. - Act amending the Act of 22 July 1985 on Third-Party Liability in the Field of Nuclear Energy

  10. MEDICAL ERROR: CIVIL AND LEGAL ASPECT.

    Science.gov (United States)

    Buletsa, S; Drozd, O; Yunin, O; Mohilevskyi, L

    2018-03-01

    The scientific article is focused on the research of the notion of medical error, medical and legal aspects of this notion have been considered. The necessity of the legislative consolidation of the notion of «medical error» and criteria of its legal estimation have been grounded. In the process of writing a scientific article, we used the empirical method, general scientific and comparative legal methods. A comparison of the concept of medical error in civil and legal aspects was made from the point of view of Ukrainian, European and American scientists. It has been marked that the problem of medical errors is known since ancient times and in the whole world, in fact without regard to the level of development of medicine, there is no country, where doctors never make errors. According to the statistics, medical errors in the world are included in the first five reasons of death rate. At the same time the grant of medical services practically concerns all people. As a man and his life, health in Ukraine are acknowledged by a higher social value, medical services must be of high-quality and effective. The grant of not quality medical services causes harm to the health, and sometimes the lives of people; it may result in injury or even death. The right to the health protection is one of the fundamental human rights assured by the Constitution of Ukraine; therefore the issue of medical errors and liability for them is extremely relevant. The authors make conclusions, that the definition of the notion of «medical error» must get the legal consolidation. Besides, the legal estimation of medical errors must be based on the single principles enshrined in the legislation and confirmed by judicial practice.

  11. Intelligent Flowcharting Developmental Approach to Legal Knowledge Based System

    Directory of Open Access Journals (Sweden)

    Nitin Balaji Bilgi

    2011-10-01

    Full Text Available The basic aim of this research, described in this paper is to develop a hybrid legal expert system/ knowledge based system, with specific reference to the transfer of property act, within the Indian legal system which is often in demand. In this paper the authors discuss an traditional approach to combining two types of reasoning methodologies, Rule Based Reasoning (RBR and Case Based Reasoning (CBR. In RBR module we have interpreted and implemented rules that occur in legal statutes of the Transfer of property act. In the CBR module we have an implementation to find the related cases. The VisiRule software made available by Logic Programming Associates is used in the development of RBR part this expert system. The authors have used java Net Beans for development of CBR. VisiRule is a decision charting tool, in which the rules are defined by a combination of graphical shapes and pieces of text, and produces rules.

  12. Abortion as empowerment: reproductive rights activism in a legally restricted context.

    Science.gov (United States)

    McReynolds-Pérez, Julia

    2017-11-08

    This paper analyzes the strategies used by activist health professionals in Argentina who justify providing abortion despite legal restrictions on the procedure. These "insider activists" make a case for abortion rights by linking pregnancy termination to a woman's ability to exert agency at a key point in her reproductive life, and argue that refusing women access to the procedure constitutes a grievous health risk. This argument frames pregnancy termination as an issue of empowerment and also as a medical necessity. This article is based on ethnographic research conducted in Argentina in 2013 and 2015, which includes in-depth interviews with abortion activists and health professionals and ethnographic observation at activist events and in clinics. During the period of my field research, the medical staff in one clinic shifted from abortion counseling, based on a harm reduction model, to legal pregnancy termination, a new mode of abortion provision where they directly provided abortions based on the legal health exception. These insider activists formalized the latter approach by creating a diagnostic instrument that frames women's "bio-psycho-social" reasons for wishing to terminate a pregnancy as medically justified. The clinical practice analyzed in this article raises important questions about the potential for health professionals to take on an activist role by making safe abortion accessible, even in a context where the procedure is highly restricted.

  13. The Legalization of Higher Education

    Science.gov (United States)

    Badke, Lara K.

    2017-01-01

    A complete discussion of intellectual property (IP), faculty rights, and the public good requires a thorough framing of higher education's legal context, from which the rise of legalistic criteria (or legalization) and current IP regime have grown.

  14. Multiculturalism and legal autonomy for cultural minorities

    Directory of Open Access Journals (Sweden)

    Morten Ebbe Juul Nielsen

    2013-11-01

    Full Text Available Does multiculturalism imply that certain cultural minorities – nomos groups, whose cultural conceptions extend in important ways into views about the law – should have forms of legal autonomy that go beyond normal multicultural accommodations such as exemptions and special protection? In other words: should we allow «minority jurisdictions» for multicultural reasons and give certain minorities powers of legislation and adjudication on certain issues? The paper sketches how one might arrive at such a conclusion given some standard multicultural reasoning, and then proceeds by examining eight key rejoinders to such a proposal. None of these rejoinders provide by themselves knockdown arguments against extending multicultural rights to forms of legal autonomy, but together they do provide a basis for some skepticism about the cogency and desirability of at least more ambitious forms of legal autonomy for cultural minorities within a liberal framework.http://dx.doi.org/10.5324/eip.v7i2.1798

  15. Calibrating Legal Judgments

    Directory of Open Access Journals (Sweden)

    Frederick Schauer

    2017-09-01

    Full Text Available Objective to study the notion and essence of legal judgments calibration the possibilities of using it in the lawenforcement activity to explore the expenses and advantages of using it. Methods dialectic approach to the cognition of social phenomena which enables to analyze them in historical development and functioning in the context of the integrity of objective and subjective factors it determined the choice of the following research methods formallegal comparative legal sociological methods of cognitive psychology and philosophy. Results In ordinary life people who assess other peoplersaquos judgments typically take into account the other judgments of those they are assessing in order to calibrate the judgment presently being assessed. The restaurant and hotel rating website TripAdvisor is exemplary because it facilitates calibration by providing access to a raterrsaquos previous ratings. Such information allows a user to see whether a particular rating comes from a rater who is enthusiastic about every place she patronizes or instead from someone who is incessantly hard to please. And even when less systematized as in assessing a letter of recommendation or college transcript calibration by recourse to the decisional history of those whose judgments are being assessed is ubiquitous. Yet despite the ubiquity and utility of such calibration the legal system seems perversely to reject it. Appellate courts do not openly adjust their standard of review based on the previous judgments of the judge whose decision they are reviewing nor do judges in reviewing legislative or administrative decisions magistrates in evaluating search warrant representations or jurors in assessing witness perception. In most legal domains calibration by reference to the prior decisions of the reviewee is invisible either because it does not exist or because reviewing bodies are unwilling to admit using what they in fact know and employ. Scientific novelty for the first

  16. Clarity Versus Accuracy and Objectivity in Written Legal English

    Directory of Open Access Journals (Sweden)

    Violeta Janulevičienė

    2011-12-01

    Full Text Available This paper is an attempt to analyse the most important grammatical and, specifically, syntactic features and to point out some prominent lexical ones, which aim at accuracy and objectivity of a written legal document, and to discuss how these features influence clarity and transparency of the legal documents. The study covers the analysis of some EU, UK, US legislative acts alongside with some extracts from contract samples. The analysis reveals that written legal English is distinguished by long compound sentences, often with inverted word order and numerous embeddings, passive constructions and nominalisations, specific use of personal pronouns and collocations of synonyms (doublets and triplets, etc. These means allow to achieve the most possible accuracy and objectivity in legal texts but make them complicated and difficult to comprehend at once. Formality, achieved by the mentioned means, makes legal English distant from everyday language and often becomes a reason for criticism. Plain English supporters encourage simplifying legal language; however, long traditions of legal English make changes slow and difficult. Therefore, comprehension and usage of legal English still requires special knowledge of its lexical and grammatical features.

  17. Teaching for Ethical Reasoning

    Science.gov (United States)

    Sternberg, Robert J.

    2012-01-01

    This article argues for the importance of teaching for ethical reasoning. Much of our teaching is in vain if it is not applied to life in an ethical manner. The article reviews lapses in ethical reasoning and the great costs they have had for society. It proposes that ethical reasoning can be taught across the curriculum. It presents an eight-step…

  18. Inductive Reasoning and Writing

    Science.gov (United States)

    Rooks, Clay; Boyd, Robert

    2003-01-01

    Induction, properly understood, is not merely a game, nor is it a gimmick, nor is it an artificial way of explaining an element of reasoning. Proper understanding of inductive reasoning--and the various types of reasoning that the authors term inductive--enables the student to evaluate critically other people's writing and enhances the composition…

  19. Did Legalized Abortion Lower Crime?

    Science.gov (United States)

    Joyce, Ted

    2004-01-01

    Changes in homicide and arrest rates were compared among cohorts born before and after legalization of abortion and those who were unexposed to legalized abortion. It was found that legalized abortion improved the lives of many women as they could avoid unwanted births.

  20. Legal Institutions and Economic Development

    NARCIS (Netherlands)

    Beck, T.H.L.

    2010-01-01

    Legal institutions are critical for the development of market-based economies. This paper defines legal institutions and discusses different indicators to measure their quality and efficiency. It surveys a large historical and empirical literature showing the importance of legal institutions in

  1. Analysis - what is legal medicine?

    Science.gov (United States)

    Beran, Roy G

    2008-04-01

    Legal medicine addresses the interface between medicine and law in health care. The Australian College of Legal Medicine (ACLM) established itself as the peak body in legal and forensic medicine in Australia. It helped establish the Expert Witness Institute of Australia (EWIA), the legal medicine programme at Griffith University and contributes to government enquiries. Public health, disability assessment, competing priorities of privacy verses notification and determination of fitness for a host of pursuits are aspects of legal medicine. Complementing the EWIA, the ACLM runs training programmes emphasising legal medicine skills additional to clinical practice, advocating clinical relevance. Assessment of athletes' fitness and ensuring that prohibited substances are not inadvertently prescribed represent a growing area of legal medicine. Ethical consideration of health care should respect legal medicine principles rather than armchair commentary. International conventions must be respected by legal medicine and dictate physicians' obligations. The NSW courts imposed a duty to provide emergency medical care. Migration and communicable diseases are aspects of legal medicine. Police surgeons provide a face to legal medicine (which incorporates forensic medicine) underpinning its public perception of specialty recognition. Legal medicine deserves its place as a medical specialty in its own right.

  2. Photovoltaic facilities, legal guidebook

    International Nuclear Information System (INIS)

    Maincent, G.

    2011-01-01

    Important debates about the photovoltaic industry took place in 2009 and 2010 which have led to some evolutions of the French law having an economical impact on the arrangement of photovoltaic projects. The aim of this supplement to 'Droit de l'Environnement' journal is to answer some important questions at a time when the electricity market is not fully structured: the setting up of solar cell panels, town planing and property constraints; connection to the grid; project financing: power generation tariffs, partnership contract; the new legal framework set up in 2011: moratorium and new legal scheme; is 'green fiscality' still green and attractive? Settlement of disputes with the French government; actors reactions: authorities and professionals, opinion of an expert. (J.S.)

  3. Action-Based Jurisprudence: Praxeological Legal Theory in Relation to Economic Theory, Ethics, and Legal Practice

    Directory of Open Access Journals (Sweden)

    Konrad Graf

    2011-08-01

    Full Text Available Action-based legal theory is a discrete branch of praxeology and the basis of an emerging school of jurisprudence related to, but distinct from, natural law. Legal theory and economic theory share content that is part of praxeology itself: the action axiom, the a priori of argumentation, universalizable property theory, and counterfactual-deductive methodology. Praxeological property-norm justification is separate from the strictly ethical “ought” question of selecting ends in an action context. Examples of action-based jurisprudence are found in existing “Austro-libertarian” literature. Legal theory and legal practice must remain distinct and work closely together if justice is to be found in real cases. Legal theorizing was shaped in religious ethical contexts, which contributed to confused field boundaries between law and ethics. The carrot and stick influence of rulers on theorists has distorted conventional economics and jurisprudence in particular directions over the course of centuries. An action-based approach is relatively immune to such sources of distortion in its methods and conclusions, but has tended historically to be marginalized from conventional institutions for this same reason.

  4. Collaborative Legal Pluralism

    Directory of Open Access Journals (Sweden)

    Wim Decock

    2017-01-01

    Full Text Available Legal pluralism calls into question the monopoly of the modern state when it comes to the production and the enforcement of norms. It rests on the assumption that juridical normativity and state organization can be dissociated. From an early modern historian’s perspective, such an assumption makes perfect sense, the plural nature of the legal order being the natural state of affairs in imperial spaces across the globe in the sixteenth and seventeenth centuries. This article will provide a case study of the collaborative nature of the interaction between spiritual and temporal legal orders in Spain and its overseas territories as conceived by Tomás de Mercado (ca. 1520–1575, a major theologian from the School of Salamanca. His treatise on trade and contracts (1571 contained an extended discussion of the government’s attempt to regulate the grain market by imposing a maximum price. It will be argued that Mercado’s view on the bindingness of economic regulations in conscience allowed for the internalization of the regulatory power of the nascent state. He called upon confessors to be strict enforcers of state law, considering them as fathers of the republic as much as fathers of faith. This is illustrative of the »collaborative form of legal pluralism« typical of the osmotic relationship between Church and State in the early modern Spanish empire. It contributed to the moral justification of state jurisdictions, while at the same time, guaranteeing a privileged role for theologians and religious leaders in running the affairs of the state.

  5. Legal consequences of kleptomania.

    Science.gov (United States)

    Grant, Jon E; Odlaug, Brian L; Davis, Andrew A; Kim, Suck Won

    2009-12-01

    Although studies have examined clinical characteristics of kleptomania, no previous studies have examined the legal consequences of kleptomania. From 2001 to 2007, 101 adult subjects (n = 27 [26.7%] males) with DSM-IV kleptomania were assessed on sociodemographics and clinical characteristics including symptom severity, comorbidity, and legal repercussions. Of 101 subjects with kleptomania, 73.3% were female. Mean age of shoplifting onset was 19.4 +/- 12.0 years, and subjects shoplifted a mean of 8.2 +/- 11.0 years prior to meeting full criteria for kleptomania. Co-occurring depressive, substance use, and impulse control disorders were common. Sixty-nine subjects with kleptomania (68.3%) had been arrested, 36.6% had been arrested but not convicted, 20.8% had been convicted and incarcerated after conviction, while only 10.9% had been convicted and not incarcerated after conviction. Kleptomania is associated with significant legal repercussions. The findings emphasize the need for rigorous treatment approaches to target kleptomania symptoms and prevent re-offending.

  6. Episodes, events, and models

    Directory of Open Access Journals (Sweden)

    Sangeet eKhemlani

    2015-10-01

    Full Text Available We describe a novel computational theory of how individuals segment perceptual information into representations of events. The theory is inspired by recent findings in the cognitive science and cognitive neuroscience of event segmentation. In line with recent theories, it holds that online event segmentation is automatic, and that event segmentation yields mental simulations of events. But it posits two novel principles as well: first, discrete episodic markers track perceptual and conceptual changes, and can be retrieved to construct event models. Second, the process of retrieving and reconstructing those episodic markers is constrained and prioritized. We describe a computational implementation of the theory, as well as a robotic extension of the theory that demonstrates the processes of online event segmentation and event model construction. The theory is the first unified computational account of event segmentation and temporal inference. We conclude by demonstrating now neuroimaging data can constrain and inspire the construction of process-level theories of human reasoning.

  7. Rhetoric by Avistotel: a Legal View

    Directory of Open Access Journals (Sweden)

    Karina Kh. Rekosh

    2015-01-01

    Full Text Available Analysis of any phenomenon, which is far from the researcher for thousands years, in the light of this or that department of knowledge, highlights one and obscures another, prefers one over another. It happened to the rhetoric which was snatched by philology and neglected by lawyers. Although nowadays it is natural that the same phenomena are studied by different Sciences, the ancient rhetoric is looked at by most researchers as the art of philology. But the approach by Aristotle, in his Rhetoric, was legal rather than linguistic. Among the Aristotle's 4 requirements concerning good style (correctness, clarity, relevance and eloquence eloquence is only % and the % are closer to the law. Rhetoric has incorporated all the features of linguistic mechanisms and gave them to the law. The law perceived moral and ethical ideas: the good justice, virtue, ritual, law and techniques of philology and persuasion, among which the main one is syllogism already used in the dialectic, the main logic principle of legal reasoning. Towards the past, rhetoric is parallel to dialectic, but dialectic is focused on one person or on the speaker, and rhetoric aims at the audience, the first one tries to convince himself and the second tries to convince the audience and in this role rhetoric is linked with the law. As far as the evolution of law is concerned, instead of legal technique there was rhetoric (especially in its methodological form, defined by Aristotle, which can be considered as a step towards creating the law as a design in ancient Greece. It is proved by a comparison of the ancient institution of judicial process and judicial speeches with modern legal technicalities, which shows that the legal machinery embraced the principles of "rhetorical" technique. The methodological nature of the rhetoric by Aristotle is usually overlooked by linguists and lawyers.

  8. Public Reason Renaturalized

    DEFF Research Database (Denmark)

    Tønder, Lars

    2014-01-01

    . The article develops this argument via a sensorial orientation to politics that not only re-frames existing critiques of neo-Kantianism but also includes an alternative, renaturalized conception of public reason, one that allows us to overcome the disconnect between the account we give of reason and the way......This article takes up recent discussions of nature and the sensorium in order to rethink public reason in deeply divided societies. The aim is not to reject the role of reason-giving but rather to infuse it with new meaning, bringing the reasonable back to its sensorially inflected circumstances...... it is mobilized in a world of deep pluralism. The article concludes with a discussion of how a renaturalized conception of public reason might change the positioning of contemporary democratic theory vis-a-vis the struggle for empowerment and pluralization in an age of neo-liberalism and state-surveillance....

  9. Learning clinical reasoning.

    Science.gov (United States)

    Pinnock, Ralph; Welch, Paul

    2014-04-01

    Errors in clinical reasoning continue to account for significant morbidity and mortality, despite evidence-based guidelines and improved technology. Experts in clinical reasoning often use unconscious cognitive processes that they are not aware of unless they explain how they are thinking. Understanding the intuitive and analytical thinking processes provides a guide for instruction. How knowledge is stored is critical to expertise in clinical reasoning. Curricula should be designed so that trainees store knowledge in a way that is clinically relevant. Competence in clinical reasoning is acquired by supervised practice with effective feedback. Clinicians must recognise the common errors in clinical reasoning and how to avoid them. Trainees can learn clinical reasoning effectively in everyday practice if teachers provide guidance on the cognitive processes involved in making diagnostic decisions. © 2013 The Authors. Journal of Paediatrics and Child Health © 2013 Paediatrics and Child Health Division (Royal Australasian College of Physicians).

  10. Metacognition and reasoning

    Science.gov (United States)

    Fletcher, Logan; Carruthers, Peter

    2012-01-01

    This article considers the cognitive architecture of human meta-reasoning: that is, metacognition concerning one's own reasoning and decision-making. The view we defend is that meta-reasoning is a cobbled-together skill comprising diverse self-management strategies acquired through individual and cultural learning. These approximate the monitoring-and-control functions of a postulated adaptive system for metacognition by recruiting mechanisms that were designed for quite other purposes. PMID:22492753

  11. Competitive Legal Professionals’ use of Technology in Legal Practice and Legal Research

    Directory of Open Access Journals (Sweden)

    T du Plessis

    2008-12-01

    Full Text Available Advances in the information and communication technologies have led to the availability of a range of primary and secondary legal research publications online via the Internet, rather than on other storing devices such as compact discs or publications in the print media. Not only has information and communication technology (ICT impacted on the availability of legal information resources, but its effects are also noticed in various law-related areas such as legal practice management, legal education, corporate governance and the law per se. The question addressed by this article is whether the application of ICTs has an effect on the practice of law, and specifically whether information and knowledge management affects the processes of legal research in modern legal practice. Various issues are considered in this regard, including what the concept of knowledge management (KM entails in a law firm and what the current KM trends in South African law firms are. The article investigates global trends in the application of ICTs for legal research purposes, what the specific applications of KM in support of legal research may be, how information technology applications and KM systems and strategies can support the legal research process, and what the benefits of KM are to legal research. It finally discusses the impact technology has had on the skills required of competitive legal professionals.

  12. Legal aspects of teleradiology

    International Nuclear Information System (INIS)

    Ulsenheimer, K.; Heinemann, N.

    1997-01-01

    It is hoped that the implementation of teleradiology will improve the quality and economic effectiveness of health care in the future. The German federal government has submitted a bill for a legal statute, thereby creating the necessary framework to guarantee the essential 'document security'. The responsibility of those involved with orderly data transmission as well as the limited responsibility for physicians' findings are both government by general liability. General principles apply also with regard to professional discretion. Authorized utilization of external networks depends upon the quality of data security. Networks with unlimited public access may not be used without explicit concent from those concerned. (orig.) [de

  13. Legal Assistance Guide: Wills

    Science.gov (United States)

    1990-09-01

    presente testamento de mi puno y letra para hacer constar mi ultima y firme voluntad para que sea cumplida fielmente conforme a las siguientes clausulas...ruego se le de fiel cumplimiento. Y para que asi conste, a todos los f ines legales pertinentes otorgo el presente testamrento bajo mi firma en el lugar...Transiers to ,- -Al" t’ het (4., m4 Us %put Ortronew. It 1111. tOOlise -ur" se me. thens 1 61%0 all rmv 14oo Act at anv &late ..t ..... i, 𔃺 le. ~~rt n the

  14. Legal and institutional issues

    International Nuclear Information System (INIS)

    Anon.

    1991-01-01

    Leaving aside the natural desire to avoid the difficulties imposed by the enormously complex siting and certification process, a utility might decide to forego adding new capacity because of a variety of legal and institutional disincentives. Some of these are discussed in this chapter. The addition of new lines to support a competitive generating market also raises unique institutional issues. Perhaps the most important of these is the question of who should pay for the necessary capital expenditures. This issue also is discussed in this section

  15. Documents and legal texts

    International Nuclear Information System (INIS)

    2016-01-01

    This section treats of the following documents and legal texts: 1 - Brazil: Law No. 13,260 of 16 March 2016 (To regulate the provisions of item XLIII of Article 5 of the Federal Constitution on terrorism, dealing with investigative and procedural provisions and redefining the concept of a terrorist organisation; and amends Laws No. 7,960 of 21 December 1989 and No. 12,850 of 2 August 2013); 2 - India: The Atomic Energy (Amendment) Act, 2015; Department Of Atomic Energy Notification (Civil Liability for Nuclear Damage); 3 - Japan: Act on Subsidisation, etc. for Nuclear Damage Compensation Funds following the implementation of the Convention on Supplementary Compensation for Nuclear Damage

  16. FUZZY LOGIC IN LEGAL EDUCATION

    Directory of Open Access Journals (Sweden)

    Z. Gonul BALKIR

    2011-04-01

    Full Text Available The necessity of examination of every case within its peculiar conditions in social sciences requires different approaches complying with the spirit and nature of social sciences. Multiple realities require different and various perceptual interpretations. In modern world and social sciences, interpretation of perception of valued and multi-valued have been started to be understood by the principles of fuzziness and fuzzy logic. Having the verbally expressible degrees of truthness such as true, very true, rather true, etc. fuzzy logic provides the opportunity for the interpretation of especially complex and rather vague set of information by flexibility or equivalence of the variables’ of fuzzy limitations. The methods and principles of fuzzy logic can be benefited in examination of the methodological problems of law, especially in the applications of filling the legal loopholes arising from the ambiguities and interpretation problems in order to understand the legal rules in a more comprehensible and applicable way and the efficiency of legal implications. On the other hand, fuzzy logic can be used as a technical legal method in legal education and especially in legal case studies and legal practice applications in order to provide the perception of law as a value and the more comprehensive and more quality perception and interpretation of value of justice, which is the core value of law. In the perception of what happened as it has happened in legal relationships and formations, the understanding of social reality and sociological legal rules with multi valued sense perspective and the their applications in accordance with the fuzzy logic’s methods could create more equivalent and just results. It can be useful for the young lawyers and law students as a facilitating legal method especially in the materialization of the perception and interpretation of multi valued and variables. Using methods and principles of fuzzy logic in legal

  17. Ethical and Legal Issues in Gestational Surrogacy.

    Science.gov (United States)

    Casella, Claudia; Capasso, Emanuele; Terracciano, Lucia; Delbon, Paola; Fedeli, Piergiorgio; Salzano, Francesco Antonio; Policino, Fabio; Niola, Massimo

    2018-01-01

    This study originated from events that occurred in 2014 in an Italian hospital, where the embryos of a couple, obtained by means of homologous insemination, were mistakenly implanted into the uterus of another woman who, along with her husband, underwent the same treatment. Faced with this serious adverse circumstance, that gives rise to ethical and legal issues, the authors conducted a comparative examination of how to consider the division of maternity (between biological mother and uterine mother) and the related division of paternity (between genetic father and legal father, husband or partner of the gestational mother). Some preliminary observations are made concerning parenthood and filiation within the context of currently applicable Italian law. The following is a detailed analysis of the arguments in favour of the parental figures involved (gestational mother/genetic mother).

  18. Ethical and Legal Issues in Gestational Surrogacy

    Science.gov (United States)

    Casella, Claudia; Capasso, Emanuele; Terracciano, Lucia; Delbon, Paola; Fedeli, Piergiorgio; Salzano, Francesco Antonio; Policino, Fabio; Niola, Massimo

    2018-01-01

    Abstract This study originated from events that occurred in 2014 in an Italian hospital, where the embryos of a couple, obtained by means of homologous insemination, were mistakenly implanted into the uterus of another woman who, along with her husband, underwent the same treatment. Faced with this serious adverse circumstance, that gives rise to ethical and legal issues, the authors conducted a comparative examination of how to consider the division of maternity (between biological mother and uterine mother) and the related division of paternity (between genetic father and legal father, husband or partner of the gestational mother). Some preliminary observations are made concerning parenthood and filiation within the context of currently applicable Italian law. The following is a detailed analysis of the arguments in favour of the parental figures involved (gestational mother/genetic mother). PMID:29675478

  19. Eventos adversos e motivos de descarte relacionados ao reuso de produtos médicos hospitalares em angioplastia coronária Adverse events and reasons for discard related to the reuse of cardiac catheters in percutaneous transluminal coronary angioplasty

    Directory of Open Access Journals (Sweden)

    Margarete Ártico Batista

    2006-09-01

    Full Text Available OBJETIVO: Descrever os eventos adversos ocorridos durante e após angioplastia coronária (ATC, possivelmente relacionados ao reuso de produtos médico-hospitalares, além de quantificar e identificar os motivos de descarte em relação ao primeiro uso e ao reuso. MÉTODO: Foram estudados 60 pacientes, sendo que 29 (48,3% apresentavam angina instável, 27 (45% IAM e quatro (6,7% outros diagnósticos. Durante o procedimento e na permanência na Unidade Intensiva Coronariana, atentou-se à possibilidade de ocorrência dos eventos adversos febre, hipertensão, hipotensão, calafrios, sudorese, sangramento, náuseas e vômitos. Foram avaliados sete produtos médico-hospitalares: introdutor, cateter-guia, fio-guia 0.35, fio-guia 0.014, cateter- balão para angioplastia, seringa com manômetro para insuflar balão (indeflator e torneira de três vias (manifold. No total de produtos (76 de primeiro uso e 410 reprocessados, verificou-se se houve descarte e se isto ocorreu antes ou durante o procedimento e quais os motivos para tanto. Utilizou-se o teste Qui Quadrado, admitindo-se erro alfa de 5%. RESULTADOS: Vinte e seis pacientes apresentaram eventos adversos. A hipotensão foi o evento mais prevalente e ocorreu em 11(18,3% casos. Não houve, porém, significância estatística entre o evento adverso hipotensão e reuso ou não dos produtos médico-hospitalares. Por não estarem íntegros, foram descartados três produtos de primeiro uso e 55 produtos dos reutilizados. CONCLUSÃO: Os eventos adversos apresentados pelos pacientes submetidos à angioplastia não estão associados ao reuso dos produtos médico-hospitalares. A integridade e funcionalidade foram os motivos principais de descarte.OBJECTIVE: To describe the adverse effects that occur during and after percutaneous transluminal coronary angioplasty (PTCA possibly related to the reuse of medical equipment. An additional objective is to quantify and identify the reasons of discard in respect to

  20. IMPROVING LEGAL ARGUMENT CRITICALLY IN THE LITIGATION MECHANISM IN INDONESIA (AN EMPIRICAL STUDY OF ENVIRONMENTAL VERDICTS

    Directory of Open Access Journals (Sweden)

    Edy Lisdiyono

    2017-01-01

    Full Text Available Legal argument is a debate or argument in explaining the issues between two or more people performed in court. Legal argument is one way to perform law finding with the purpose to avoid legal vacuum when the judge makes a legal reasoning in a verdict. In making a legal argument, it is at least performed by legal reasoning, logic, facts. However, some judges, in making a decision, did not use the legal arguments by legal reasoning and facts so that it resulted in debates and arguments. It is  interesting to study on how to build legal argument in the litigation mechanism in Indonesia. Some verdicts in Indonesia have been the debate among the public through social media, by both academic and non-academic communities, because they were not based on the legal facts revealed at the trials and not in favor of the public sense of justice. Some of the examples are the verdict in the case of the environmental lawsuits of Lapindo Brantas Mud in Sidoarjo, the case verdict in Palembang District Court on the lawsuit filed by the Ministry of Environment and Forestry on forest fires and land concessions of PT. Bumi Mekar Hijau in 2014. From the decisions, it turned out that the judges, in making the legal arguments for their decisions, had deviated from the analogy and were not based on the existing legal facts. In building legal arguments, it would have to be conducted by collecting data (evidence and clear fact so that its solutions do not deviate from the rules of law

  1. THE RELEVANCE OF SOCIO-LEGAL STUDIES IN LEGAL SCIENCE

    Directory of Open Access Journals (Sweden)

    Victor Imanuel W. Nalle

    2015-02-01

    Full Text Available Some law schools in Indonesia reject socio-legal studies with epistemological arguments that puts jurisprudence as sui generis. Rejection is based argument that jurisprudence is a normative science. In fact socio-legal studies in the development of jurisprudence outside Indonesia has long existed and contributed to the legal reform. Socio-legal studies also significant for legal reform. It is caused by the existence of non doctrinal aspect in law making and implementation of the law. Therefore the position and relevance of socio-legal research is not related to the benefits that provided for the development of national law or jurisprudence. Beberapa fakultas hukum di Indonesia menolak penelitian sosio-legal dengan argumentasi epistemologis yang menempatkan ilmu hukum sebagai sui generis. Penolakan tersebut didasarkan argumentasi bahwa ilmu hukum adalah ilmu yang bersifat normatif. Kenyataannya studi sosio-legal dalam perkembangan ilmu hukum di luar Indonesia telah lama eksis dan berperan dalam pembaharuan hukum. Selain itu, studi sosiolegal juga berperan dalam pembaharuan hukum. Hal ini disebabkan adanya aspek-aspek nondoktrinal yang berperan dalam pembentukan hukum dan implementasi hukum di masyarakat. Oleh karena itu kedudukan dan relevansi penelitian sosio-legal pada ada tidaknya manfaat yang diberikan bagi perkembangan hukum nasional ataupun ilmu hukum.

  2. THE RELEVANCE OF SOCIO-LEGAL STUDIES IN LEGAL SCIENCE

    Directory of Open Access Journals (Sweden)

    Victor Imanuel W. Nalle

    2015-02-01

    Full Text Available Some law schools in Indonesia reject socio-legal studies with epistemological arguments that puts jurisprudence as sui generis. Rejection is based argument that jurisprudence is a normative science. In fact socio-legal studies in the development of jurisprudence outside Indonesia has long existed and contributed to the legal reform. Socio-legal studies also significant for legal reform. It is caused by the existence of non doctrinal aspect in law making and implementation of the law. Therefore the position and relevance of socio-legal research is not related to the benefits that provided for the development of national law or jurisprudence.   Beberapa fakultas hukum di Indonesia menolak penelitian sosio-legal dengan argumentasi epistemologis yang menempatkan ilmu hukum sebagai sui generis. Penolakan tersebut didasarkan argumentasi bahwa ilmu hukum adalah ilmu yang bersifat normatif. Kenyataannya studi sosio-legal dalam perkembangan ilmu hukum di luar Indonesia telah lama eksis dan berperan dalam pembaharuan hukum. Selain itu, studi sosiolegal juga berperan dalam pembaharuan hukum. Hal ini disebabkan adanya aspek-aspek nondoktrinal yang berperan dalam pembentukan hukum dan implementasi hukum di masyarakat. Oleh karena itu kedudukan dan relevansi penelitian sosio-legal pada ada tidaknya manfaat yang diberikan bagi perkembangan hukum nasional ataupun ilmu hukum.

  3. Probabilistic reasoning in data analysis.

    Science.gov (United States)

    Sirovich, Lawrence

    2011-09-20

    This Teaching Resource provides lecture notes, slides, and a student assignment for a lecture on probabilistic reasoning in the analysis of biological data. General probabilistic frameworks are introduced, and a number of standard probability distributions are described using simple intuitive ideas. Particular attention is focused on random arrivals that are independent of prior history (Markovian events), with an emphasis on waiting times, Poisson processes, and Poisson probability distributions. The use of these various probability distributions is applied to biomedical problems, including several classic experimental studies.

  4. Numeracy, frequency, and Bayesian reasoning

    Directory of Open Access Journals (Sweden)

    Gretchen B. Chapman

    2009-02-01

    Full Text Available Previous research has demonstrated that Bayesian reasoning performance is improved if uncertainty information is presented as natural frequencies rather than single-event probabilities. A questionnaire study of 342 college students replicated this effect but also found that the performance-boosting benefits of the natural frequency presentation occurred primarily for participants who scored high in numeracy. This finding suggests that even comprehension and manipulation of natural frequencies requires a certain threshold of numeracy abilities, and that the beneficial effects of natural frequency presentation may not be as general as previously believed.

  5. Negligence--When Is the Principal Liable? A Legal Memorandum.

    Science.gov (United States)

    Stern, Ralph D., Ed.

    Negligence, a tort liability, is defined, discussed, and reviewed in relation to several court decisions involving school principals. The history of liability suits against school principals suggests that a reasonable, prudent principal can avoid legal problems. Ten guidelines are presented to assist principals in avoiding charges of negligence.…

  6. Cyberspace in the Curricula: New Legal and Ethical Issues.

    Science.gov (United States)

    Smethers, J. Steven

    1998-01-01

    Finds that most journalism and mass communication programs integrate legal and ethical issues surrounding cyberspace and interactive media into existing courses, especially into ethics and communication law courses, but also into introductory survey courses, communication technology, and reporting classes. Details reasons why some programs do not…

  7. Legal aspects of radiation therapy in Republic of Belarus

    International Nuclear Information System (INIS)

    Gatskevich, G.V.; Tarutin, I.G.; Khoruzhik, S.A.

    2014-01-01

    The reasons that lead to harm to patients during radiotherapy considered. Some examples of radiation damage presented. The types of liability for harm to the patient used in the Republic of Belarus described. The recommendations to ensure legal protection for medical and technical personnel suggested

  8. Is nuclear energy reasonable with national economic regards?

    International Nuclear Information System (INIS)

    Scholz, L.

    1989-01-01

    In answering the question of whether a nuclear phaseout can be acceptable with national economic respects, one is confronted with the following basic question: Are the risks associated with nuclear energy reasonable in terms of safety and the conservation of the environment. Effective and responsible action in this question presupposes a clear political will and judgment. Because of the necessity of having to put up in the case of nuclear energy - a basic innovation whose development has yet a long way to go - with nuclear legal terms, are faced with a dilemma. In the opinion of energy engineers and the energy industry, the central part of the controversy on nuclear power is about the problem of coming to terms on what will be acceptable to the population as necessary precautionary measures for the event of an accident. Obviously, it is for the legislator to decide on the compatibility and social adequacy of a risk, not for the judge to interpret it on the basis of nuclear legal terms. Our national economy is now and in the future challenged with the task to research, develop, and realize hazard-prone technologies in order to shape the future. Where readiness to accept risks can no longer be assumed in the future, development prospects will be curbed in parallel. What national economic consequences will result from this, and whether they will be acceptable with national econiomic regards, is a question that has not so far been dealt with by the studies on a phaseout of nuclear energy. (orig./HSCH) [de

  9. Intuition, Reason, and Metacognition

    Science.gov (United States)

    Thompson, Valerie A.; Prowse Turner, Jamie A.; Pennycook, Gordon

    2011-01-01

    Dual Process Theories (DPT) of reasoning posit that judgments are mediated by both fast, automatic processes and more deliberate, analytic ones. A critical, but unanswered question concerns the issue of monitoring and control: When do reasoners rely on the first, intuitive output and when do they engage more effortful thinking? We hypothesised…

  10. Reasoning about emotional agents

    OpenAIRE

    Meyer, J.-J.

    2004-01-01

    In this paper we discuss the role of emotions in artificial agent design, and the use of logic in reasoning about the emotional or affective states an agent can reside in. We do so by extending the KARO framework for reasoning about rational agents appropriately. In particular we formalize in this framework how emotions are related to the action monitoring capabilities of an agent.

  11. Clinical reasoning: concept analysis.

    Science.gov (United States)

    Simmons, Barbara

    2010-05-01

    This paper is a report of a concept analysis of clinical reasoning in nursing. Clinical reasoning is an ambiguous term that is often used synonymously with decision-making and clinical judgment. Clinical reasoning has not been clearly defined in the literature. Healthcare settings are increasingly filled with uncertainty, risk and complexity due to increased patient acuity, multiple comorbidities, and enhanced use of technology, all of which require clinical reasoning. Data sources. Literature for this concept analysis was retrieved from several databases, including CINAHL, PubMed, PsycINFO, ERIC and OvidMEDLINE, for the years 1980 to 2008. Rodgers's evolutionary method of concept analysis was used because of its applicability to concepts that are still evolving. Multiple terms have been used synonymously to describe the thinking skills that nurses use. Research in the past 20 years has elucidated differences among these terms and identified the cognitive processes that precede judgment and decision-making. Our concept analysis defines one of these terms, 'clinical reasoning,' as a complex process that uses cognition, metacognition, and discipline-specific knowledge to gather and analyse patient information, evaluate its significance, and weigh alternative actions. This concept analysis provides a middle-range descriptive theory of clinical reasoning in nursing that helps clarify meaning and gives direction for future research. Appropriate instruments to operationalize the concept need to be developed. Research is needed to identify additional variables that have an impact on clinical reasoning and what are the consequences of clinical reasoning in specific situations.

  12. Specification of Nonmonotonic Reasoning.

    NARCIS (Netherlands)

    Engelfriet, J.; Treur, J.

    2000-01-01

    Two levels of description of nonmonotonic reasoning are distinguished. For these levels semantical formalizations are given. The first Level is defined semantically by the notion of belief state frame, the second Level by the notion of reasoning frame. We introduce two specification languages to

  13. Specification of Nonmonotonic Reasoning

    NARCIS (Netherlands)

    Engelfriet, J.; Treur, J.

    1996-01-01

    Two levels of description of nonmonotonic reasoning are distinguished. For these levels semantical formalizations are given. The first level is defined semantically by the notion of belief state frame, the second level by the notion of reasoning frame. We introduce two specification languages to

  14. Measuring Relational Reasoning

    Science.gov (United States)

    Alexander, Patricia A.; Dumas, Denis; Grossnickle, Emily M.; List, Alexandra; Firetto, Carla M.

    2016-01-01

    Relational reasoning is the foundational cognitive ability to discern meaningful patterns within an informational stream, but its reliable and valid measurement remains problematic. In this investigation, the measurement of relational reasoning unfolded in three stages. Stage 1 entailed the establishment of a research-based conceptualization of…

  15. Predicting Reasoning from Memory

    Science.gov (United States)

    Heit, Evan; Hayes, Brett K.

    2011-01-01

    In an effort to assess the relations between reasoning and memory, in 8 experiments, the authors examined how well responses on an inductive reasoning task are predicted from responses on a recognition memory task for the same picture stimuli. Across several experimental manipulations, such as varying study time, presentation frequency, and the…

  16. A reasonable Semantic Web

    NARCIS (Netherlands)

    Hitzler, Pascal; Van Harmelen, Frank

    2010-01-01

    The realization of Semantic Web reasoning is central to substantiating the Semantic Web vision. However, current mainstream research on this topic faces serious challenges, which forces us to question established lines of research and to rethink the underlying approaches. We argue that reasoning for

  17. Model-Based Reasoning

    Science.gov (United States)

    Ifenthaler, Dirk; Seel, Norbert M.

    2013-01-01

    In this paper, there will be a particular focus on mental models and their application to inductive reasoning within the realm of instruction. A basic assumption of this study is the observation that the construction of mental models and related reasoning is a slowly developing capability of cognitive systems that emerges effectively with proper…

  18. Reasoning about emotional agents

    NARCIS (Netherlands)

    Meyer, J.-J.

    In this paper we discuss the role of emotions in artificial agent design, and the use of logic in reasoning about the emotional or affective states an agent can reside in. We do so by extending the KARO framework for reasoning about rational agents appropriately. In particular we formalize in

  19. Datafication of Automated (Legal) Decisions

    DEFF Research Database (Denmark)

    Schaumburg-Müller, Sten

    Even though I maintain that it is a misconception to state that states are “no longer” the only actors, since they never were, indeed it makes sense to “shed light on the impact of (…) new tendencies on legal regulatory mechanisms (…)” One regulatory tendency is obviously the automation of (legal......) decisions which has implications for legal orders, legal actors and legal research, not to mention legal legitimacy as well as personal autonomy and democracy. On the one hand automation may facilitate better, faster, more predictable and more coherent decisions and leave cumbersome and time consuming...... a substantial part of the components of the decisions are prefabricated. With a risk of misplacing the responsibility, this may be called the “google syndrome”. The hidden algorithms may also constitute the basis for decisions concerning individuals (the passive aspect), the “profiling syndrome”. Based on big...

  20. Legal capital: an outdated concept

    OpenAIRE

    John Armour

    2006-01-01

    This paper reviews the case for and against mandatory legal capital rules. It is argued that legal capital is no longer an appropriate means of safeguarding creditors' interests. This is most clearly the case as regards mandatory rules. Moreover, it is suggested that even an 'opt in' (or default) legal capital regime is unlikely to be a useful mechanism. However, the advent of regulatory arbitrage in European corporate law will provide a way of gathering information regarding investors' prefe...

  1. Abortion in Iranian legal system: a review.

    Science.gov (United States)

    Abbasi, Mahmoud; Shamsi Gooshki, Ehsan; Allahbedashti, Neda

    2014-02-01

    Abortion traditionally means, "to miscarry" and is still known as a problem which societies has been trying to reduce its rate by using legal means. Despite the pregnant women and fetuses have being historically supported; abortion was firstly criminalized in 1926 in Iran, 20 years after establishment of modern legal system. During next 53 years this situation changed dramatically, so in 1979, the time of Islamic Revolution, aborting fetuses before 12 weeks and therapeutic abortion (TA) during all the pregnancy length was legitimate, based on regulations that used medical justification. After 1979 the situation changed into a totally conservative and restrictive approach and new Islamic concepts as "Blood Money" and "Ensoulment" entered the legal debates around abortion. During the next 33 years, again a trend of decriminalization for the act of abortion has been continuing. Reduction of punishments and omitting retaliation for criminal abortions, recognizing fetal and maternal medical indications including some immunologic problems as legitimate reasons for aborting fetuses before 4 months and omitting the fathers' consent as a necessary condition for TA are among these changes. The start point for this decriminalization process was public and professional need, which was responded by religious government, firstly by issuing juristic rulings (Fatwas) as a non-official way, followed by ratification of "Therapeutic Abortion Act" (TAA) and other regulations as an official pathway. Here, we have reviewed this trend of decriminalization, the role of public and professional request in initiating such process and the rule-based language of TAA.

  2. [Legal statutes on sterilization].

    Science.gov (United States)

    Zupancic, K

    1980-01-01

    Sterilization in Yugoslavia is no population policy measure. Decision about the birth of children is free, a private problem of any individual, a basic right guaranteed by the Constitution. However, according to certain laws in Slovenia and Croatia, sterilization is allowed as a family planning method in persons over 35 year old. Only exceptionally can sterilization be applied in persons younger than 35 years: according to the Slovenian law, in cases when a person lacks the capacity of reasoning and also when there are medical indications, and according to the Croatian law, when there are medical and eugenic reasons (if the child is supposed to be born with negative congenital properties).

  3. Criminal sanctions for legal enties: An instrument of crime control

    Directory of Open Access Journals (Sweden)

    Jovašević Dragan

    2016-01-01

    Full Text Available Although contemporary criminal law accepts the system of subjective criminal liability for a committed crime, numerous European legal documents as well as criminal laws, especially those that have been adopted lately, envisage exceptions from this system. Thus, a new form of criminal liability is being introduced: objective liability based on the causation. One of the forms of objective liability is the criminal liability of legal entities, which has been considered disputable for a long time. Obviously, legal entities cannot be held accountable for all types of criminal offences. They cannot be held liable on the grounds of legal provisions regarding mental competence and culpability (as the elements of subjective criminal liability, nor can they be imposed all types of criminal sanctions recognized in criminal legislation in general. In their new or revised criminal legislation, many countries have recognized and inagurated the objective criminal liability of legal persons for committed criminal offences alongside with the predominant system of subjective liability (based on the perpetrator's mental competence and culpability. It is indisputable that some legal entities (such as state authorities cannot be prosecuted and held liable in criminal proceedings; consequently, there are some exemptions from criminal liability (particularly when it comes to the state and state bodies, but it does not exclude criminal liability of responsible officials (natural persons for causing the consequences of a criminal offence. Due to the specific character of legal and contractual capacity of legal entities, law in general and criminal legislations in particular prescribe special legal grounds for establishing criminal liability of legal entities, which differ from the subjective liability of a natural person (perceived as a conscious and reasonable human being acting on his/her own free will where the consequence of a criminal offence is a result of one

  4. Legality Principle of Crimes and Punishments in Iranian Legal System

    Science.gov (United States)

    Habibzadeh, Mohammad Ja'far

    2006-01-01

    The Principle of legality of crimes and punishments (nullum crimen, nulla poena sine lege) refers to the fact that an act is not considered a crime and deserves no punishment, unless the Legislator determines and announces the criminal title and its penalty before. The legality principle protects individual security by ensuring basic individual…

  5. Regulatory and legal issues

    International Nuclear Information System (INIS)

    Raisler, K.M.; Gregory, A.M.

    1999-01-01

    This chapter focuses on the legal issues relating to the derivatives market in the USA, and analyses the Commodity Futures Trading Commission's (CFTCs) information on swaps and hybrid instruments. The law and regulation in the USA is examined and the jurisdictional reach of the Securities and Exchange Commission (SEC), CFTC, and the Commodity Exchange Act (CEA) is described. The forward contract exclusion and the case of Transnor (Bermuda) Ltd. versus BP North America Petroleum, state laws, swap policy statement issues by the CFTC, the Futures Trading Practices Act of 1992, swaps exemptions, the exemption of hybrid instruments from the CEA, and energy contract exemption are discussed. Enforceability, derivatives, and issues before regulators are considered

  6. Legal aspects of Brexit

    Directory of Open Access Journals (Sweden)

    Ovidiu – Horia Maican

    2016-12-01

    Full Text Available The Brexit referendum vote has mainly political implications and no direct legal effect. The article 50 of the Treaty on European Union allows member states to withdraw from the European Union in accordance with its own constitutional requirements. After the referendum is a period of two years from the british notice of intention to withdraw to negotiate terms of exit unless all the other member states agree to extend it. Article 50 put the balance of power firmly in the hands of the 27 other states more than the leaving state. After the time limit in article 50 is expiring, Europen Union in theory law ceases to apply in the United Kingdom. In the same time, separating European law from british national law will be an complicated process.

  7. Bank guarantee in Serbian and European legal systems

    Directory of Open Access Journals (Sweden)

    Pajtić Bojan L.

    2015-01-01

    Full Text Available The paper analyses a bank guarantee as an institute derived from a surety contract. By issuing a bank guarantee the bank commits to the creditor that it will fulfill valid and due liabilities of a debtor, in the event of default by the debtor. This collateral demonstrates significant advantages as compared to other personal assets, particularly with regards to a higher level of protection to creditors in contractual relations. Due to the aforementioned benefit the institute has been increasingly applied in legal dealings, both in our and other legal systems. In the paper, I will point out normative solutions in terms of regulation of a bank guarantee as a specific legal activity in which there is no accessoriness, which is not the case with security. This research particularly focuses on the comparative legal analysis of this collateral.

  8. Reasoning in explanation-based decision making.

    Science.gov (United States)

    Pennington, N; Hastie, R

    1993-01-01

    A general theory of explanation-based decision making is outlined and the multiple roles of inference processes in the theory are indicated. A typology of formal and informal inference forms, originally proposed by Collins (1978a, 1978b), is introduced as an appropriate framework to represent inferences that occur in the overarching explanation-based process. Results from the analysis of verbal reports of decision processes are presented to demonstrate the centrality and systematic character of reasoning in a representative legal decision-making task.

  9. Effects of Instruction in Methodological Reasoning on Information Evaluation.

    Science.gov (United States)

    Leshowitz, Barry; DiCerbo, Kristen Eignor; Okun, Morris A.

    2002-01-01

    Describes an instructional program focusing on the application of causal reasoning and related principles of the scientific method to problems that occur in daily life. Reports the results of a capstone exercise that investigated the changes in students' beliefs towards legalization of marijuana after reading persuasive communications. (CMK)

  10. Legal Quality, Inequality, and Tolerance

    DEFF Research Database (Denmark)

    Bjørnskov, Christian

    Previous findings suggest that income inequality leads to lower legal quality. This paper argues that voters' tolerance of inequality exerts an additional influence. Empirical findings suggest that inequality leads to lower legal quality due to its effect on trust while the tolerance of inequality...

  11. Legal Quality, Inequality, and Tolerance

    DEFF Research Database (Denmark)

    Bjørnskov, Christian

    2004-01-01

    Previous findings suggest that income inequality leads to lower legal quality. This paper argues that voters' tolerance of inequality exerts an additional influence. Empirical findings suggest that inequality leads to lower legal quality due to its effect on trust while the tolerance of inequality...

  12. Legal Aspects of the Web.

    Science.gov (United States)

    Borrull, Alexandre Lopez; Oppenheim, Charles

    2004-01-01

    Presents a literature review that covers the following topics related to legal aspects of the Web: copyright; domain names and trademarks; linking, framing, caching, and spamdexing; patents; pornography and censorship on the Internet; defamation; liability; conflict of laws and jurisdiction; legal deposit; and spam, i.e., unsolicited mails.…

  13. Studying Legal Cultures and Encounters?

    DEFF Research Database (Denmark)

    Petersen, Hanne

    2015-01-01

    This article discusses the cultural and other turns in relation to legal culture and situates Western legal culture in context. It deals with concepts and their relations to trends and fashions and introduces methodological reflections such as use of interdisciplinary methods, personal experience...

  14. Legal Principles and Legislative Instrumentalism

    NARCIS (Netherlands)

    Gribnau, J.L.M.; Soeteman, A.

    2003-01-01

    Instrumentalist legislation usually underestimates the importance of legal principles in modern law. Legal principles are the normative core of a value oriented conception of law. They function as essential criteria of evaluation for lawmaking by the legislator and the executive. In fact,

  15. Legal risk management in shipping

    DEFF Research Database (Denmark)

    Siig, Kristina

    The book discusses the most typical legal challenges met in the chartering, broker, agent or port management part of the shipping industry. It discusses these issues in both English and Scandinavian law and gives indications on how to best ensure your legal risk management in these parts...

  16. Sources of Legal Nihilism in the Sense of Justice of the Population of Russia

    Directory of Open Access Journals (Sweden)

    Natalia A. Nazariva

    2015-12-01

    Full Text Available This article is focused on the consideration of reasons and sources of an origin of legal nihilism as forms of the deformed sense of justice of citizens in Russia. By means of use of a deductive method the understanding of the term "legal nihilism" is formed. In article approaches to understanding of legal nihilism by the analysis of comparison of various positions of the leading philosophers are considered. Article considers development of sense of justice of the population against the historical processes happening in Russia throughout centuries. Relationships of cause and effect of formation and development of legal nihilism as reactions to social changes of society come to light.

  17. Differential Involvement of Left Prefrontal Cortexin Inductive and Deductive Reasoning

    Science.gov (United States)

    Goel, Vinod; Dolan, Raymond J.

    2004-01-01

    While inductive and deductive reasoning are considered distinct logical and psychological processes, little is known about their respective neural basis. To address this issue we scanned 16 subjects with fMRI, using an event-related design, while they engaged in inductive and deductive reasoning tasks. Both types of reasoning were characterized by…

  18. Theoretical Issues of Legal Regulation of Municipal Solid Waste Handling

    Directory of Open Access Journals (Sweden)

    Altynbekkyzy Alua

    2017-06-01

    Full Text Available The relevance of comparative analysis of legal regulation of environmental protection is due to several reasons. Firstly, it expands the boundaries of interpretation of legal norms and acts of environmental law. Secondly, it allows relying on experience in the latest achievements of legislative activity in developed countries. Thirdly, taking into consideration the legislative mistakes of other countries, it helps to avoid similar mistakes in the process of improving Kazakh legislation. And finally, it is the starting point for multilateral and bilateral cooperation in the field of environmental law.

  19. Legal Aspects of Radioactive Waste Management: Relevant International Legal Instruments

    International Nuclear Information System (INIS)

    Wetherall, Anthony; Robin, Isabelle

    2014-01-01

    The responsible use of nuclear technology requires the safe and environmentally sound management of radioactive waste, for which countries need to have stringent technical, administrative and legal measures in place. The legal aspects of radioactive waste management can be found in a wide variety of legally binding and non-binding international instruments. This overview focuses on the most relevant ones, in particular those on nuclear safety, security, safeguards and civil liability for nuclear damage. It also identifies relevant regional instruments concerning environmental matters, in particular, with regard to strategic environmental assessments (SEAs), environmental impact assessments (EIAs), public access to information and participation in decision-making, as well as access to justice

  20. Science Teachers' Analogical Reasoning

    Science.gov (United States)

    Mozzer, Nilmara Braga; Justi, Rosária

    2013-08-01

    Analogies can play a relevant role in students' learning. However, for the effective use of analogies, teachers should not only have a well-prepared repertoire of validated analogies, which could serve as bridges between the students' prior knowledge and the scientific knowledge they desire them to understand, but also know how to introduce analogies in their lessons. Both aspects have been discussed in the literature in the last few decades. However, almost nothing is known about how teachers draw their own analogies for instructional purposes or, in other words, about how they reason analogically when planning and conducting teaching. This is the focus of this paper. Six secondary teachers were individually interviewed; the aim was to characterize how they perform each of the analogical reasoning subprocesses, as well as to identify their views on analogies and their use in science teaching. The results were analyzed by considering elements of both theories about analogical reasoning: the structural mapping proposed by Gentner and the analogical mechanism described by Vosniadou. A comprehensive discussion of our results makes it evident that teachers' content knowledge on scientific topics and on analogies as well as their pedagogical content knowledge on the use of analogies influence all their analogical reasoning subprocesses. Our results also point to the need for improving teachers' knowledge about analogies and their ability to perform analogical reasoning.

  1. Calvin on Human Reason

    Directory of Open Access Journals (Sweden)

    Nicolaas Vorster

    2014-10-01

    Full Text Available In his recent book The Unintended Reformation, Brad Gregory makes the statement that the Reformation replaced the teleological social ethics of Roman Catholicism based on virtue with formal social ethics based on rules and enforced by magistrates, because they regarded human reason as too depraved to acquire virtue. The result, according to Gregory, is that the relation between internalised values and rules were undermined. This article asks whether this accusation is true with regard to Calvin. The first section discusses the intellectual environment of Calvin’s day – something that inevitably influenced his theory on reason, whilst the second part analyses Calvin’s view on the created nature of reason. The third section investigates Calvin’s view on the effects of sin on reason; and the fourth section discusses Calvin’s perspective on the relation between grace and reason. The article concludes that Gregory’s accusation against the Reformation is not applicable to Calvin. Gregory fails to take into account Calvin’s modified position that the imago Dei was not totally destroyed by sin as well as his teaching on common grace that maintains that even non-believers are able to acquire virtue through the common grace of God.

  2. The legacy of legal culture and Serbia's European integration

    Directory of Open Access Journals (Sweden)

    Kovačević Slaviša

    2014-01-01

    Full Text Available In the context of the EU integration, it is certainly insufficient to harmonize only the positive law and the institutional regulatory framework. In order to provide for the implementation and application of the positive law, the political and legal culture must be congruent with the legal tradition of the European Union. The 'implantation' of legal institutes is a fashionable trend common to all transition countries, which fail to recognize a significant and inevitable fact that law is created and applied in the country-specific traditional, cultural and social context. Legal norms achieve their intended purpose only when they are reinforced by a number of other traditional, cultural, political, economic, and social circumstances. Hence, there is a specific functional and structural relation between law and social culture: on the one hand, law is the product of society; on the other hand, law is also the creator of social norms. Consequently, instead of 'copying' the legal norms of the European Union, it is necessary to create a social framework for the implementation of applicable, effective and equitable EU law. In addition to nomotechnics, scientific research on the 'harmonization of Serbian law with the EU law shall include the analysis of other factors, which are only apparently outside the legal framework but which are important for the general outcome of this process. Our legal culture is largely authoritarian, which is evident in the prevalence of power in the process of making and applying the law and in the dependence of the judicial system from the executive branch of government. Law is an instrument of political power of the legally unaccountable executive branch of government. The authoritarian legal rules are not an expression of reason, prudence, wisdom and general public interest but a temporary constellation of interests of power-holders while the normative activity is a short-term tactics for accomplishing these interests. As

  3. Documents and legal texts

    International Nuclear Information System (INIS)

    2015-01-01

    This section treats of the following Documents and legal texts: 1 - Canada: Nuclear Liability and Compensation Act (An Act respecting civil liability and compensation for damage in case of a nuclear incident, repealing the Nuclear Liability Act and making consequential amendments to other acts); 2 - Japan: Act on Compensation for Nuclear Damage (The purpose of this act is to protect persons suffering from nuclear damage and to contribute to the sound development of the nuclear industry by establishing a basic system regarding compensation in case of nuclear damage caused by reactor operation etc.); Act on Indemnity Agreements for Compensation of Nuclear Damage; 3 - Slovak Republic: Act on Civil Liability for Nuclear Damage and on its Financial Coverage and on Changes and Amendments to Certain Laws (This Act regulates: a) The civil liability for nuclear damage incurred in the causation of a nuclear incident, b) The scope of powers of the Nuclear Regulatory Authority (hereinafter only as the 'Authority') in relation to the application of this Act, c) The competence of the National Bank of Slovakia in relation to the supervised financial market entities in the financial coverage of liability for nuclear damage; and d) The penalties for violation of this Act)

  4. Documents and legal texts

    International Nuclear Information System (INIS)

    2014-01-01

    This section of the Bulletin presents the recently published documents and legal texts sorted by country: - Brazil: Resolution No. 169 of 30 April 2014. - Japan: Act Concerning Exceptions to Interruption of Prescription Pertaining to Use of Settlement Mediation Procedures by the Dispute Reconciliation Committee for Nuclear Damage Compensation in relation to Nuclear Damage Compensation Disputes Pertaining to the Great East Japan Earthquake (Act No. 32 of 5 June 2013); Act Concerning Measures to Achieve Prompt and Assured Compensation for Nuclear Damage Arising from the Nuclear Plant Accident following the Great East Japan Earthquake and Exceptions to the Extinctive Prescription, etc. of the Right to Claim Compensation for Nuclear Damage (Act No. 97 of 11 December 2013); Fourth Supplement to Interim Guidelines on Determination of the Scope of Nuclear Damage Resulting from the Accident at the Tokyo Electric Power Company Fukushima Daiichi and Daini Nuclear Power Plants (Concerning Damages Associated with the Prolongation of Evacuation Orders, etc.); Outline of 'Fourth Supplement to Interim Guidelines (Concerning Damages Associated with the Prolongation of Evacuation Orders, etc.)'. - OECD Nuclear Energy Agency: Decision and Recommendation of the Steering Committee Concerning the Application of the Paris Convention to Nuclear Installations in the Process of Being Decommissioned; Joint Declaration on the Security of Supply of Medical Radioisotopes. - United Arab Emirates: Federal Decree No. (51) of 2014 Ratifying the Convention on Supplementary Compensation for Nuclear Damage; Ratification of the Federal Supreme Council of Federal Decree No. (51) of 2014 Ratifying the Convention on Supplementary Compensation for Nuclear Damage

  5. Reasons Internalism and the function of normative reasons

    OpenAIRE

    Sinclair, Neil

    2017-01-01

    What is the connection between reasons and motives? According to Reasons Internalism there is a non-trivial conceptual connection between normative reasons and the possibility of rationally accessing relevant motivation. Reasons Internalism is attractive insofar as it captures the thought that reasons are for reasoning with and repulsive insofar as it fails to generate sufficient critical distance between reasons and motives. Rather than directly adjudicate this dispute, I extract from it two...

  6. Causal reasoning in physics

    CERN Document Server

    Frisch, Mathias

    2014-01-01

    Much has been written on the role of causal notions and causal reasoning in the so-called 'special sciences' and in common sense. But does causal reasoning also play a role in physics? Mathias Frisch argues that, contrary to what influential philosophical arguments purport to show, the answer is yes. Time-asymmetric causal structures are as integral a part of the representational toolkit of physics as a theory's dynamical equations. Frisch develops his argument partly through a critique of anti-causal arguments and partly through a detailed examination of actual examples of causal notions in physics, including causal principles invoked in linear response theory and in representations of radiation phenomena. Offering a new perspective on the nature of scientific theories and causal reasoning, this book will be of interest to professional philosophers, graduate students, and anyone interested in the role of causal thinking in science.

  7. Training propositional reasoning.

    Science.gov (United States)

    Klauer, K C; Meiser, T; Naumer, B

    2000-08-01

    Two experiments compared the effects of four training conditions on propositional reasoning. A syntactic training demonstrated formal derivations, in an abstract semantic training the standard truth-table definitions of logical connectives were explained, and a domain-specific semantic training provided thematic contexts for the premises of the reasoning task. In a control training, an inductive reasoning task was practised. In line with the account by mental models, both kinds of semantic training were significantly more effective than the control and the syntactic training, whereas there were no significant differences between the control and the syntactic training, nor between the two kinds of semantic training. Experiment 2 replicated this pattern of effects using a different set of syntactic and domain-specific training conditions.

  8. Case-based reasoning

    CERN Document Server

    Kolodner, Janet

    1993-01-01

    Case-based reasoning is one of the fastest growing areas in the field of knowledge-based systems and this book, authored by a leader in the field, is the first comprehensive text on the subject. Case-based reasoning systems are systems that store information about situations in their memory. As new problems arise, similar situations are searched out to help solve these problems. Problems are understood and inferences are made by finding the closest cases in memory, comparing and contrasting the problem with those cases, making inferences based on those comparisons, and asking questions whe

  9. Design for reasoning

    DEFF Research Database (Denmark)

    Christiansen, Ellen Tove

    2009-01-01

    The aim of this paper is to position interaction design and information architecture in relation to design of interfaces to ICT applications meant to serve the goal of supporting users’ reasoning, be it learning applications or self-service applications such as citizen self-service. Interaction...... with such applications comprises three forms of reasoning: deduction, induction and abduction. Based on the work of Gregory Bateson, it is suggested that the disciplines of interaction design and information architecture are complementary parts of information processes. To show that abduction, induction and deduction...

  10. Agent Based Reasoning in Multilevel Flow Modeling

    DEFF Research Database (Denmark)

    Lind, Morten; Zhang, Xinxin

    2012-01-01

    to launch the MFM Workbench into an agent based environment, which can complement disadvantages of the original software. The agent-based MFM Workbench is centered on a concept called “Blackboard System” and use an event based mechanism to arrange the reasoning tasks. This design will support the new...

  11. Should Pediatric Euthanasia be Legalized?

    Science.gov (United States)

    Brouwer, Marije; Kaczor, Christopher; Battin, Margaret P; Maeckelberghe, Els; Lantos, John D; Verhagen, Eduard

    2018-02-01

    Voluntary active euthanasia for adults at their explicit request has been legal in Belgium and the Netherlands since 2002. In those countries, acceptance of the practice for adults has been followed by acceptance of the practice for children. Opponents of euthanasia see this as a dangerous slippery slope. Proponents argue that euthanasia is sometimes ethically appropriate for minors and that, with proper safeguards, it should be legally available in appropriate circumstances for patients at any age. In this Ethics Rounds, we asked philosophers from the United States and the Netherlands, and a Dutch pediatrician, to discuss the ethics of legalizing euthanasia for children. Copyright © 2018 by the American Academy of Pediatrics.

  12. Legal regulation of home births

    Directory of Open Access Journals (Sweden)

    Baturan Luka O.

    2015-01-01

    Full Text Available In this paper, authors tried to find efficient legal frame for home births. The main problem is the risk of life and health of a mother and a baby. If a mother wants a home labor, there are no legal obstacles ^for her to take the risk of her own life, after consultation with health-care professionals. However, society is obligated to protect unborn child from irrational behavior of the mother, if she acts against child's best interests. Legal rules were analyzed by methods of neo-institutional economic theory, while the risks of life and health of a mother and a baby were analyzed by medical science methods.

  13. Legal Translation Dictionaries for Learners

    DEFF Research Database (Denmark)

    Nielsen, Sandro

    2010-01-01

    in conditional clauses. When translating into languages not allowing such structures, for instance, English and French, learners need their legal translation dictionaries to help them with both the legal terms and the syntactic structures. The uses of textual conventions that characterise the legal genre vary....... Lexicographers should therefore design their dictionaries so that they contain intra-lingual or contrastive descriptions of the relevant genre conventions. As illustrated in Nielsen (2000) whether the best solution is to retain the genre conventions found in the SL text or to adopt the conventions used in TL...

  14. Legal highs on the Internet.

    Science.gov (United States)

    Hillebrand, Jennifer; Olszewski, Deborah; Sedefov, Roumen

    2010-02-01

    This article describes the findings of a descriptive analysis of 27 online drug retailers selling legal alternatives to illegal drugs, commonly referred to as "herbal highs" and "legal highs" in 2008 . The study attempted to quantify the online availability of drug retailers, to describe common products and characteristics in EU-based retail sales. The findings highlight the concern about the lack of objective information about products offered, including potential risks to health. Systems should be developed to assess the contents of products and the accuracy of information provided on the Internet, alongside continued monitoring of this market for "legal high" substances.

  15. Speed of reasoning and its relation to reasoning ability

    NARCIS (Netherlands)

    Goldhammer, F.; Klein Entink, R.H.

    2011-01-01

    The study investigates empirical properties of reasoning speed which is conceived as the fluency of solving reasoning problems. Responses and response times in reasoning tasks are modeled jointly to clarify the covariance structure of reasoning speed and reasoning ability. To determine underlying

  16. The reason project

    International Nuclear Information System (INIS)

    Atwood, W.; Blankenbecler, R.; Kunz, P.F.; Mours, B.; Weir, A.; Word, G.

    1990-01-01

    Reason is a software package to allow one to do physics analysis with the look and feel of the Apple Macintosh. It was implemented on a NeXT computer which does not yet support the standard HEP packages for graphics and histogramming. This paper will review our experiences and the program

  17. Reason destroys itself

    CERN Multimedia

    Penrose, Roger

    2008-01-01

    "Do we know for certain that 2 lus 2 equals 4? Of course we don't. Maybe every time everybody in the whole world has ever done that calculation and reasoned it through, they've made a mistake." (1 page0

  18. Reasoning=working Memoryattention

    Science.gov (United States)

    Buehner, M.; Krumm, S.; Pick, M.

    2005-01-01

    The purpose of this study was to clarify the relationship between attention, components of working memory, and reasoning. Therefore, twenty working memory tests, two attention tests, and nine intelligence subtests were administered to 135 students. Using structural equation modeling, we were able to replicate a functional model of working memory…

  19. Reasoning about the past

    DEFF Research Database (Denmark)

    Nielsen, Mogens

    1998-01-01

    In this extended abstract, we briefly recall the abstract (categorical) notion of bisimulation from open morphisms, as introduced by Joyal, Nielsen and Winskel. The approach is applicable across a wide range of models of computation, and any such bisimulation comes automatically with characterist...... of reasoning about the past....

  20. Diagnostic reasoning in action

    DEFF Research Database (Denmark)

    Rasmussen, Jens

    1993-01-01

    of system failures; and in medicine, diagnosis is the basis for any patient treatment. The paper presents a discussion of the basic nature of causal reasoning as applied for diagnosis and the mental strategies applied when diagnosis is viewed as an integrated part of ''natural decision making...

  1. Reason and Less

    Directory of Open Access Journals (Sweden)

    Vinod eGoel

    2014-08-01

    Full Text Available We consider ourselves to be rational beings. We feel that our choices, decisions, and actions are selected from a flexible array of possibilities, based upon reasons. When we vote for a political candidate, it is because they share our views on certain critical issues. When we hire an individual for a job, it is be-cause they are the best qualified. However, if this is true, why does an analysis of the direction of shift in the timbre of the voice of political candidates during an exchange or debate, predict the winner of American presidential elections? Why is it that while only 3% of the American population consists of white men over 6'4 tall, 30% of the CEOs of Fortune 500 companies are white men over 6'4 tall? These are examples of instinctual biases affecting or modulating rational thought processes. I argue that existing theories of reasoning cannot substantively accommodate these ubiquitous, real-world phe-nomena. Failure to recognize and incorporate these types of phenomena into the study of human reasoning results in a distorted understanding of rationality. The goal of the article is to draw attention to these types of phenomena and propose an adulterated rationality account of reasoning to explain them.

  2. One reason, several logics

    Directory of Open Access Journals (Sweden)

    Evandro Agazzi

    2011-06-01

    Full Text Available Humans have used arguments for defending or refuting statements long before the creation of logic as a specialized discipline. This can be interpreted as the fact that an intuitive notion of "logical consequence" or a psychic disposition to articulate reasoning according to this pattern is present in common sense, and logic simply aims at describing and codifying the features of this spontaneous capacity of human reason. It is well known, however, that several arguments easily accepted by common sense are actually "logical fallacies", and this indicates that logic is not just a descriptive, but also a prescriptive or normative enterprise, in which the notion of logical consequence is defined in a precise way and then certain rules are established in order to maintain the discourse in keeping with this notion. Yet in the justification of the correctness and adequacy of these rules commonsense reasoning must necessarily be used, and in such a way its foundational role is recognized. Moreover, it remains also true that several branches and forms of logic have been elaborated precisely in order to reflect the structural features of correct argument used in different fields of human reasoning and yet insufficiently mirrored by the most familiar logical formalisms.

  3. Reasoning with Causal Cycles

    Science.gov (United States)

    Rehder, Bob

    2017-01-01

    This article assesses how people reason with categories whose features are related in causal cycles. Whereas models based on causal graphical models (CGMs) have enjoyed success modeling category-based judgments as well as a number of other cognitive phenomena, CGMs are only able to represent causal structures that are acyclic. A number of new…

  4. Varieties of clinical reasoning.

    Science.gov (United States)

    Bolton, Jonathan W

    2015-06-01

    Clinical reasoning comprises a variety of different modes of inference. The modes that are practiced will be influenced by the sociological characteristics of the clinical settings and the tasks to be performed by the clinician. This article presents C.S. Peirce's typology of modes of inference: deduction, induction and abduction. It describes their differences and their roles as stages in scientific argument. The article applies the typology to reasoning in clinical settings. The article describes their differences, and their roles as stages in scientific argument. It then applies the typology to reasoning in typical clinical settings. Abduction is less commonly taught or discussed than induction and deduction. However, it is a common mode of inference in clinical settings, especially when the clinician must try to make sense of a surprising phenomenon. Whether abduction is followed up with deductive and inductive verification is strongly influenced by situational constraints and the cognitive and psychological stamina of the clinician. Recognizing the inevitability of abduction in clinical practice and its value to discovery is important to an accurate understanding of clinical reasoning. © 2015 John Wiley & Sons, Ltd.

  5. Reason and less.

    Science.gov (United States)

    Goel, Vinod

    2014-01-01

    We consider ourselves to be rational beings. We feel that our choices, decisions, and actions are selected from a flexible array of possibilities, based upon reasons. When we vote for a political candidate, it is because they share our views on certain critical issues. When we hire an individual for a job, it is because they are the best qualified. However, if this is true, why does an analysis of the direction of shift in the timbre of the voice of political candidates during an exchange or debate, predict the winner of American presidential elections? Why is it that while only 3% of the American population consists of white men over 6'4″ tall, 30% of the CEOs of Fortune 500 companies are white men over 6'4″ tall? These are examples of "instinctual biases" affecting or modulating rational thought processes. I argue that existing theories of reasoning cannot substantively accommodate these ubiquitous, real-world phenomena. Failure to recognize and incorporate these types of phenomena into the study of human reasoning results in a distorted understanding of rationality. The goal of this article is to draw attention to these types of phenomena and propose an "adulterated rationality" account of reasoning as a first step in trying to explain them.

  6. Legal Aspects of Telepathology

    Directory of Open Access Journals (Sweden)

    Christian Dierks

    2000-01-01

    Full Text Available In some legal surroundings telepathology is considered a breach of registrational barriers. The recommendation of the G 8 states in Europe for required legislation in telemedicine suggests to recognise that the localization of the remote health care professional defines the site not only of licensure but also of liability. This approach must be considered helpful, since it can solve many problems brought about by the doubtful results of private international law and conventions like the European Union (EU and Lugano Convention. Under today's conditions in private international law it must be considered essential to agree upon a choice of law and stipulate a court of jurisdiction when doing telepathology. However, the opposing aims of insuring the patients claims and avoiding jurisdictions that exceed the local expectations of the medical professional must be reconciled. Data protection and data security are other crucial topics that require attention. Generally speaking, the principles of minimum data exchange, anonymity, pseudonymity and cryptography must be established as a basis for all telepathology procedures. Only when personal data is needed, its use can be legitimated. Written consent of the patient is advised. To guarantee a cross‐border security level the regulations of the EU‐Data Protection Directive need to be transformed into national law. In practise, cross‐border dataflow shall only take place where the security level can be maintained even within the other country. Finally, reimbursement questions must be answered to establish a sound economical basis for telepathology. The spatial distance between the participants may yield the question, whether the service has been rendered to an extent necessary and sufficient for reimbursement. If reimbursement takes place on a cross‐border or cross‐regional level, severe disturbances of the health systems can occur. Regulation schemes or treaties need therefore to be developed to

  7. Incidence of legal abortion in Sweden after the Chernobyl accident

    International Nuclear Information System (INIS)

    Odlind, V.; Ericson, A.

    1991-01-01

    The number of legal abortions in Sweden increased around the time of the Chernobyl accident, particularly in the summer and autumn of 1986. Although there was no recording of reasons for legal abortions, one might have suspected this increase to be a result of fear and anxiety after the accident. However, seen over a longer time perspective, the increase in the number of abortions started before and continued far beyond the time of the accident. There was also a simultaneous and pronounced increase in the number of births during the years subsequent to the accident. Therefore, it seems unlikely that fear of the consequences of radioactive fall-out after the Chernobyl accident resulted in any substantial increase of the number of legal abortions in Sweden

  8. Legal liability and claims for the hotel industry

    Directory of Open Access Journals (Sweden)

    Dimcho Todorov

    2017-10-01

    Full Text Available The paper presents a review of various aspects of legal liability and claims to hotel management arising in the hotel industry in the context of the legal framework and possible legal consequences for hotels and other types of commercial accommodation establishments. The main reasons for accidents' occurrence in the hotel industry are chronologically traced. Possible claims to the hotel management are also presented in detail. The problem with workplace discrimination, which is considered as unrightfully actions from administration towards hospitably industry personnel and the connected consequences, is discussed. A definition is given of the various forms of discrimination and the obligations of management to provide a healthy work environment without problems for the personnel are stated, as well. Regulative measures and documents are also presented, regarding measures following possible labour law violations. Conclusions and recommendations are formulated and ways to prevent and overcome problems and accidents in various accommodation establishments and the hotel industry as a whole are shown

  9. The users of legal information

    Directory of Open Access Journals (Sweden)

    Fabio Assis Pinho

    2012-04-01

    Full Text Available The decision making needs must be based on current and reliable information, especially in legal environments. In Brazil, the changes in legislation are constants because of the enactments of the provisional measures. In this sense, it is necessary to know the sources and changes to satisfy the needs of users of legal area. Therefore, through an exploratory research, it aimed to do a user study, experts on legal aspects in the law library of the Regional Procurator of the Republic of the 5th Region (Brazil, which is a unit belonging to Brazil's Federal Public Ministry, with the use of a questionnaire as data collection tool. The results shows that users of legal information is more demanding and expert in their search and uses various sources, because their information needs has a high degree of difficulty.

  10. Legal Marketing and Lawyer's Communication

    Directory of Open Access Journals (Sweden)

    Sara Casolaro

    2016-09-01

    Full Text Available The application of marketing strategies to the law firm represents a breakthrough in Italy which has struggled to establish itself as a result of a culture based on a strict code of ethics. However, in recent years there has been a turnaround and the benefits arising from the application to legal profession of the typical principles of enterprises are increasingly evident.   Il marketing legale e la comunicazione dell’avvocato L’applicazione delle strategie di marketing allo studio legale rappresenta un’innovazione che in Italia ha stentato a imporsi a causa di una cultura basata su una rigida deontologia. Tuttavia, negli ultimi anni vi è stata un’inversione di tendenza e i benefici derivanti dall’applicazione alla professione forense dei princìpi tipici delle imprese sono sempre più evidenti. Parole chiave: marketing, studio legale, comunicazione

  11. Federal Aviation Administration Legal Interpretations

    Data.gov (United States)

    Department of Transportation — Legal Interpretations and the Chief Counsel's opinions are now available at this site. Your may choose to search by year or by text search. Please note that not all...

  12. The importance of legal counsel

    Directory of Open Access Journals (Sweden)

    Betsy Fisher

    2017-02-01

    Full Text Available At each stage of the resettlement process, the presence of counsel – legal advocates – can help refugees to present their complete cases efficiently and avoid unnecessary rejections. This provides benefits to decision makers as well.

  13. Analysis of students’ mathematical reasoning

    Science.gov (United States)

    Sukirwan; Darhim; Herman, T.

    2018-01-01

    The reasoning is one of the mathematical abilities that have very complex implications. This complexity causes reasoning including abilities that are not easily attainable by students. Similarly, studies dealing with reason are quite diverse, primarily concerned with the quality of mathematical reasoning. The objective of this study was to determine the quality of mathematical reasoning based perspective Lithner. Lithner looked at how the environment affects the mathematical reasoning. In this regard, Lithner made two perspectives, namely imitative reasoning and creative reasoning. Imitative reasoning can be memorized and algorithmic reasoning. The Result study shows that although the students generally still have problems in reasoning. Students tend to be on imitative reasoning which means that students tend to use a routine procedure when dealing with reasoning. It is also shown that the traditional approach still dominates on the situation of students’ daily learning.

  14. Realistic rhetoric and legal decision

    Directory of Open Access Journals (Sweden)

    João Maurício Adeodato

    2017-06-01

    Full Text Available The text aims to lay the foundations of a realistic rhetoric, from the descriptive perspective of how the legal decision actually takes place, without normative considerations. Aristotle's rhetorical idealism and its later prestige reduced rhetoric to the art of persuasion, eliminating important elements of sophistry, especially with regard to legal decision. It concludes with a rhetorical perspective of judicial activism in complex societies.

  15. [Biopiracy: about its legal meanings].

    Science.gov (United States)

    Ramírez García, Hugo Saúl

    2009-01-01

    This article explores the legal meanings of biopiracy concept, linked to subjects such as intellectual property rights on genetic resources, bioprospecting contracts, right to food, and food security. It overcomes the critical function of biopiracy concept related to world-wide extended tendencies: privatization and technification. Likewise, protectionism shows the opportunity that biopiracy concept represents for the enrichment of the legal interpretation related to the bioethical statue of biotech developments.

  16. The Politics of Legal Arrangements

    DEFF Research Database (Denmark)

    Leander, Anna

    2018-01-01

    This article explores the place of formal legal arrangements in the politics surrounding the hybrid, enmeshed public-in-the-private forms of authority this special issue focuses on. It does so by analyzing the significance of one specific legal arrangement, the Duty of Care, for the politics...... and divisions currently organizing debates about the regulation of commercial security as well as about managerialism in international law more generally....

  17. The Legal Regulation of Cybersecurity

    OpenAIRE

    Darius Štitilis

    2013-01-01

    Cybercrime has become a global phenomenon, which is causing more harm to individual citizens, organizations, society and the state. Most countries in the world compare cybercrime with offences such as terrorism and drug trafficking due to its risks and profitability. Cybersecurity is the central category to fight cybercrime in cyberspace. Therefore, the strategic legal regulation of cybersecurity is one of the most relevant problems in EU, including Lithuania. So far cybersecurity legal regul...

  18. Legal protection against nuclear damage

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1959-04-15

    The IAEA Director General appointed an international Panel of Experts to go into the question of Civil Liability and State Responsibility for Nuclear Hazards. The Panel had before it certain basic postulates formulated after a preliminary and tentative consideration of the subject. From the viewpoint of the public, the first postulate is, of course, that the use of nuclear energy be regulated by adequate licensing and control mechanisms so as to prevent any accidents. To the extent, however, that nuclear damage cannot be prevented, there must be liability on the part of the enterprise which caused the damage and, where damage exceeds its liability or its financial resources there should be some assurance of compensation by the State. This should be so not only within the borders of one State, but especially also on an international basis. Security should be required for the possible liability of the enterprises connected with a nuclear incident. Litigation with respect to liability should be concentrated in the most convenient tribunal and be governed by a single clearly defined law. The methods of distribution should meet general standards of equity and be as expeditious as possible. Emergency measures, especially evacuation, first aid and decontamination, should be organized and financed without delay. At the same time, the liability of an enterprise should not exceed its reasonable financial capabilities. This means that a ceiling should be imposed upon the amount of third party liability to which an enterprise could be held. And the liability should generally be such as can be covered by adequate financial security. Uniformity in the treatment of victims of nuclear incidents in all these fields is a desirable goal. Yet, if a rule adopted on an international level or suggested by uniform legislation were to be viable, it should adapt itself to the social, economic and legal order already existing in individual States. This may mean that in certain fields it

  19. Legal protection against nuclear damage

    International Nuclear Information System (INIS)

    1959-01-01

    The IAEA Director General appointed an international Panel of Experts to go into the question of Civil Liability and State Responsibility for Nuclear Hazards. The Panel had before it certain basic postulates formulated after a preliminary and tentative consideration of the subject. From the viewpoint of the public, the first postulate is, of course, that the use of nuclear energy be regulated by adequate licensing and control mechanisms so as to prevent any accidents. To the extent, however, that nuclear damage cannot be prevented, there must be liability on the part of the enterprise which caused the damage and, where damage exceeds its liability or its financial resources there should be some assurance of compensation by the State. This should be so not only within the borders of one State, but especially also on an international basis. Security should be required for the possible liability of the enterprises connected with a nuclear incident. Litigation with respect to liability should be concentrated in the most convenient tribunal and be governed by a single clearly defined law. The methods of distribution should meet general standards of equity and be as expeditious as possible. Emergency measures, especially evacuation, first aid and decontamination, should be organized and financed without delay. At the same time, the liability of an enterprise should not exceed its reasonable financial capabilities. This means that a ceiling should be imposed upon the amount of third party liability to which an enterprise could be held. And the liability should generally be such as can be covered by adequate financial security. Uniformity in the treatment of victims of nuclear incidents in all these fields is a desirable goal. Yet, if a rule adopted on an international level or suggested by uniform legislation were to be viable, it should adapt itself to the social, economic and legal order already existing in individual States. This may mean that in certain fields it

  20. Reasoning about Codata

    Science.gov (United States)

    Hinze, Ralf

    Programmers happily use induction to prove properties of recursive programs. To show properties of corecursive programs they employ coinduction, but perhaps less enthusiastically. Coinduction is often considered a rather low-level proof method, in particular, as it departs quite radically from equational reasoning. Corecursive programs are conveniently defined using recursion equations. Suitably restricted, these equations possess unique solutions. Uniqueness gives rise to a simple and attractive proof technique, which essentially brings equational reasoning to the coworld. We illustrate the approach using two major examples: streams and infinite binary trees. Both coinductive types exhibit a rich structure: they are applicative functors or idioms, and they can be seen as memo-tables or tabulations. We show that definitions and calculations benefit immensely from this additional structure.

  1. How reasonable is ALARA?

    International Nuclear Information System (INIS)

    Kiefer, H.

    1991-01-01

    The linear extrapolation of the established dose-effect relation at higher doses was accepted as a simple working hypothesis to determine dose limits for professional radiation personnel. It has been misused, however, for calculations of population risks in the very low dose region. This lead to an overestimation of radiation hazards by the public, followed by an overregulation of radiation protection. The ALARA recommendations of ICRP - justification of radiation application, optimisation of protection, and protection of the individual, - was aimed at counterpoising this trend and elucidate the aims of radiation protection. But even the ALARA principle will only be successful if it is applied with reason. The lend more weight to reason in radiation protection, an award for FS members is proposed, as well as an anti-award for the most nonsensical action in radiation protection. (orig.) [de

  2. Developing geometrical reasoning

    OpenAIRE

    Brown, Margaret; Jones, Keith; Taylor, Ron; Hirst, Ann

    2004-01-01

    This paper summarises a report (Brown, Jones & Taylor, 2003) to the UK Qualifications and Curriculum Authority of the work of one geometry group. The group was charged with developing and reporting on teaching ideas that focus on the development of geometrical reasoning at the secondary school level. The group was encouraged to explore what is possible both within and beyond the current requirements of the UK National Curriculum and the Key Stage 3 strategy, and to consider the whole atta...

  3. Tactical Diagrammatic Reasoning

    Directory of Open Access Journals (Sweden)

    Sven Linker

    2017-01-01

    Full Text Available Although automated reasoning with diagrams has been possible for some years, tools for diagrammatic reasoning are generally much less sophisticated than their sentential cousins. The tasks of exploring levels of automation and abstraction in the construction of proofs and of providing explanations of solutions expressed in the proofs remain to be addressed. In this paper we take an interactive proof assistant for Euler diagrams, Speedith, and add tactics to its reasoning engine, providing a level of automation in the construction of proofs. By adding tactics to Speedith's repertoire of inferences, we ease the interaction between the user and the system and capture a higher level explanation of the essence of the proof. We analysed the design options for tactics by using metrics which relate to human readability, such as the number of inferences and the amount of clutter present in diagrams. Thus, in contrast to the normal case with sentential tactics, our tactics are designed to not only prove the theorem, but also to support explanation.

  4. REASON for Europa

    Science.gov (United States)

    Moussessian, A.; Blankenship, D. D.; Plaut, J. J.; Patterson, G. W.; Gim, Y.; Schroeder, D. M.; Soderlund, K. M.; Grima, C.; Young, D. A.; Chapin, E.

    2015-12-01

    The science goal of the Europa multiple flyby mission is to "explore Europa to investigate its habitability". One of the primary instruments selected for the scientific payload is a multi-frequency, multi-channel ice penetrating radar system. This "Radar for Europa Assessment and Sounding: Ocean to Near-surface (REASON)" would revolutionize our understanding of Europa's ice shell by providing the first direct measurements of its surface character and subsurface structure. REASON addresses key questions regarding Europa's habitability, including the existence of any liquid water, through the innovative use of radar sounding, altimetry, reflectometry, and plasma/particles analyses. These investigations require a dual-frequency radar (HF and VHF frequencies) instrument with concurrent shallow and deep sounding that is designed for performance robustness in the challenging environment of Europa. The flyby-centric mission configuration is an opportunity to collect and transmit minimally processed data back to Earth and exploit advanced processing approaches developed for terrestrial airborne data sets. The observation and characterization of subsurface features beneath Europa's chaotic surface require discriminating abundant surface clutter from a relatively weak subsurface signal. Finally, the mission plan also includes using REASON as a nadir altimeter capable of measuring tides to test ice shell and ocean hypotheses as well as characterizing roughness across the surface statistically to identify potential follow-on landing sites. We will present a variety of measurement concepts for addressing these challenges.

  5. 26 CFR 54.4980B-4 - Qualifying events.

    Science.gov (United States)

    2010-04-01

    ... of the following— (1) The death of a covered employee; (2) The termination (other than by reason of... divorce or legal separation of a covered employee from the employee's spouse; (4) A covered employee's... anticipation of a divorce or legal separation), the reduction or elimination is disregarded in determining...

  6. Labour law and communitarian legal standards

    Directory of Open Access Journals (Sweden)

    Jašarević Senad

    2014-01-01

    Full Text Available The recently adopted amendments to the Labour Code was accompanied by an extremely high resistance. While opponents consider amendments to the Law a big step back and point out that it is completely contrary to the standards of the International Labor Organization, advocates of the changes have emphasized the progressiveness. The most important argument to them was that the Code represents a substantial harmonization of our legislation with the advanced standards of EU law. Much of what have excelled both advocates and opponents of legal change is not actually correct. The main reason for the erroneous views was lack of knowledge of comparative and international labor standards. The law on the one hand is a step backwards when it comes to the protection of workers. On the other hand, it is a step forward it is a reform of the system of labor relations that was necessary and was forced by the international environment, from which our country in the era of globalization can not be excluded. Amendments to the Labour Code we see as a tendency to be in Serbia finally to establish a similar legal environment in the domain of work, as in the advanced countries of Western Europe.

  7. Informed consent: a socio-legal study.

    Science.gov (United States)

    Rathor, M Y; Rani, Mohammad Fauzi Abdul; Shah, Azarisman Mohammad; Akter, Sheikh Fariuddin

    2011-12-01

    Informed consent [IC] is a recognized socio-legal obligation for the medical profession. The doctrine of IC involves the law, which aims to ensure the lawfulness of health assistance and tends to reflect the concept of autonomy of the person requiring and requesting medical and/or surgical treatment. Recent changes in the health care delivery system and the complex sociological settings, in which it is practiced, have resulted in an increase in judicial activity and medical negligence lawsuits for physicians. While IC is a well-established practice, it often fails to meet its stated purpose. In the common law, the standard of medical care to disclose risks has been laid down by the Bolam test- a familiar concept to most physicians, but it has been challenged recently in many jurisdictions. This paper aims to discuss some important judgments in cases of alleged medical negligence so as to familiarize doctors regarding their socio-legal obligations. We also propose to discuss some factors that influence the quality of IC in clinical practice. Literature review. The law of medical consent has been undergoing changes in recent years. Case law appears to be evolving towards a more patient centered standard of disclosure. Patient's expectations are higher and they are aware of the power of exercising their rights. Failure to obtain IC is one of the common allegations in medical malpractice suits. The medical professionals need to change their mindset and avoid claims of negligence by providing information that is "reasonable" in the eyes of the court.

  8. Calvin on Human Reason

    Directory of Open Access Journals (Sweden)

    Nicolaas Vorster

    2014-10-01

    Full Text Available In his recent book The Unintended Reformation, Brad Gregory makes the statement that the Reformation replaced the teleological social ethics of Roman Catholicism based on virtue with formal social ethics based on rules and enforced by magistrates, because they regarded human reason as too depraved to acquire virtue. The result, according to Gregory, is that the relation between internalised values and rules were undermined. This article asks whether this accusation is true with regard to Calvin. The first section discusses the intellectual environment of Calvin’s day – something that inevitably influenced his theory on reason, whilst the second part analyses Calvin’s view on the created nature of reason. The third section investigates Calvin’s view on the effects of sin on reason; and the fourth section discusses Calvin’s perspective on the relation between grace and reason. The article concludes that Gregory’s accusation against the Reformation is not applicable to Calvin. Gregory fails to take into account Calvin’s modified position that the imago Dei was not totally destroyed by sin as well as his teaching on common grace that maintains that even non-believers are able to acquire virtue through the common grace of God. Calvyn oor Menslike Rede. In sy onlangse boek, The Unintended Reformation, maak Brad Gregory die stelling dat die Reformasie die substantiewe teleologiese deugde-etiek van die Rooms-Katolisisme vervang het met ‘n formele etiek gebaseer op reëls wat deur magistrate afgedwing moet word. Die Reformasie was, volgens Gregory, van mening dat die menslike rede sodanig deur sonde geskend is dat die mens nie langer deugde kan beoefen nie. Dit het tot ‘n skadelike skeiding tussen waardes en reëls gelei. Hierdie artikel ondersoek die vraag of Gregory se stelling op Calvyn van toepassing is. Die eerste afdeling bespreek die intellektuele omgewing waarin Calvyn gewerk het. Tweedens word Gregory se siening van die geskape

  9. Standard of care: the legal view.

    Science.gov (United States)

    Curley, Arthur W; Peltier, Bruce

    2014-01-01

    The standard of care is a legal construct, a line defined by juries, based on expert testimony, marking a point where treatment failed to meet expectations for what a reasonable professional would have done. There is no before-the-fact objective definition of this standard, except for cases of law and regulation, such as the Occupational Safety and Health Admintration (OSHA). Practitioners must use their judgment in determining what would be acceptable should a case come to trial. Professional codes of conduct and acting in the patient's best interests are helpful guides to practicing within the standard of care. Continuing education credit is available for this and the following article together online at www.dentalethics.org for those who wish to complete the quiz and exercises associated with them (see Course 22).

  10. Legal socialization of personality as a phenomenon of legal psychology

    Directory of Open Access Journals (Sweden)

    Borisova S.E.

    2017-01-01

    Full Text Available The relevance of the topic to the continuing importance of legal regulation of human behavior, the necessity of foreseeing the adverse consequences of social disorders and urgency of the prevention of deconditioning and deviant behavioral manifestations. In this regard, it is important to examine the phenomenon of legal socialization, causing interest among the representatives of the human Sciences and specialists in different branches of psychological knowledge. Taking into account the multidimensional nature of this phenomenon, it is an essential consideration of the trajectories of its occurrence in correlation with different interacting with other determinants. Such determinants include age psychological characteristics, experience crises of mental development, socially conditioned factors, and the influence of the professional environment. In article are characterized by individual patterns of legal socialization of a personality, revealing its essence, on the basis of summarizing opinions of scientists based on their own point of view. On the basis of the theoretical analysis made assumptions about the peculiarities of legal socialization of the individual occurring in different age periods of life; formulated likely areas for further study the phenomenon under research legal psychology.

  11. LEGAL AND ECONOMIC PERSPECTIVES ON THE LEGAL PENALTY INTEREST

    Directory of Open Access Journals (Sweden)

    Rodica Diana APAN

    2014-06-01

    Full Text Available The legal evaluation of the penalty interest, meaning the ex lege determination of its level is applicable only in the case of non-fulfillment of a monetary payment obligation. The applicability of the system of legal evaluation of the interest is generally determined by the absence of a document that ascertains the agreement of the parties, such as a contract, through which the parties, following this agreement, evaluate the prejudice caused by the non-fulfillment of a monetary payment obligation, before the prejudice has occurred. The legal evaluation of the penalty interest, as a component of the regulation in the field of legal interest has the purpose to ensure creditor’s protection. Regardless of the prejudice caused to the creditor, the legal penalty interest shall be determined by relating it to a variable benchmark that is the level of the reference interest rate of the National Bank of Romania, which is the monetary policy interest rate of the National Bank of Romania.

  12. The legal responsibilities of the health-care librarian.

    Science.gov (United States)

    Muir, A; Oppenheim, C

    1995-06-01

    This article discusses the legal responsibilities that information intermediaries have towards the users of their services. The areas of law that affect legal liability are contract law, tort and strict liability. The likelihood of health-care librarians being held liable for the service they provide is assessed, and methods of reducing this risk are discussed. The key issues are: whether the recipient is relying on the information you provide and whether this reliance is reasonable; whether money changed hands; and whether the institution is under a statutory obligation to provide the information. All-embracing exclusion clauses are often used as an attempt to exclude liability, but their validity in law is doubtful, and they should be replaced by more reasonable ones. Adhering to good professional practice, and avoiding interpreting information for laymen are ways of minimizing liability. If court proceedings do take place, professional indemnity insurance can reduce financial loss.

  13. Harmful effect of arbitration dispute settlement EU intra bits to the legal order of the European Union

    Directory of Open Access Journals (Sweden)

    Vukadinović Radovan D.

    2017-01-01

    Full Text Available The issue of interpreting and applying intra BITs, especially in cases where their solutions conflict with EU law or international law, are a reflection of the still unresolved relationship between EU law and international law. Despite the exceptional theoretical significance, the issue of hierarchy is, first and foremost, a political issue. The answer to it defines the legal nature of the EU and the direction of its further development: as a sui generis federal community or a regional community of a confederal type. In the legal theory, the opinion on sui generis and the autonomous legal order of the EU is prevalent. This was also confirmed by the Court of Justice in a series of cases. However, the analyzed decisions of investment arbitrations engaged on the basis of the ISDS mechanism call into question such a position. Arbiters believe that the rights and obligations of the BIT should be interpreted in accordance with the rules of international law and that, in the event of a conflict with EU law, priority should be given to the rules of international public law. For this reason, the European Commission and the Court of Justice only see the existence of ISDS clauses in the BITs as a threat to the preservation of the unity and autonomy of the EU legal order, because their activation is jeopardized by the 'interpretative monopoly' of the Court of Justice entrusted with the decision of previous issues to ensure unity of rights EU. The fact that the question of the effect of the ISDS mechanism is not only of theoretical importance is testified by the fact that the EU negotiations on a new generation of trade and investment agreements are examining proposals to establish a more democratic and transparent multilateral international judicial mechanism in place of the existing mechanism.

  14. Reasonable Accommodation Information Tracking System

    Data.gov (United States)

    U.S. Environmental Protection Agency — The Reasonable Accommodation Information Tracking System (RAITS) is a case management system that allows the National Reasonable Accommodation Coordinator (NRAC) and...

  15. Legal aspects of deaths associated with diagnostic and therapeutic procedures.

    Science.gov (United States)

    Puxon, M

    1984-01-01

    Informed voluntary consent in relation to the charge of assault and battery is examined. The full implication of informed consent is set out. The legal aspects of negligence is also examined in relation to obtaining consent and the possibility of a wrong diagnosis. Where reasonable doubt exist about the correctness of a diagnosis the position of a second opinion is discussed. Guidelines on the handling of errors in treatment and anaesthetic deaths in relation to negligence is clearly set out.

  16. Model Based Temporal Reasoning

    Science.gov (United States)

    Rabin, Marla J.; Spinrad, Paul R.; Fall, Thomas C.

    1988-03-01

    Systems that assess the real world must cope with evidence that is uncertain, ambiguous, and spread over time. Typically, the most important function of an assessment system is to identify when activities are occurring that are unusual or unanticipated. Model based temporal reasoning addresses both of these requirements. The differences among temporal reasoning schemes lies in the methods used to avoid computational intractability. If we had n pieces of data and we wanted to examine how they were related, the worst case would be where we had to examine every subset of these points to see if that subset satisfied the relations. This would be 2n, which is intractable. Models compress this; if several data points are all compatible with a model, then that model represents all those data points. Data points are then considered related if they lie within the same model or if they lie in models that are related. Models thus address the intractability problem. They also address the problem of determining unusual activities if the data do not agree with models that are indicated by earlier data then something out of the norm is taking place. The models can summarize what we know up to that time, so when they are not predicting correctly, either something unusual is happening or we need to revise our models. The model based reasoner developed at Advanced Decision Systems is thus both intuitive and powerful. It is currently being used on one operational system and several prototype systems. It has enough power to be used in domains spanning the spectrum from manufacturing engineering and project management to low-intensity conflict and strategic assessment.

  17. Reasoning about geography.

    Science.gov (United States)

    Friedman, A; Brown, N R

    2000-06-01

    To understand the nature and etiology of biases in geographical judgments, the authors asked people to estimate latitudes (Experiments 1 and 2) and longitudes (Experiments 3 and 4) of cities throughout the Old and New Worlds. They also examined how people's biased geographical judgments change after they receive accurate information ("seeds") about actual locations. Location profiles constructed from the pre- and postseeding location estimates conveyed detailed information about the representations underlying geography knowledge, including the subjective positioning and subregionalization of regions within continents; differential seeding effects revealed between-region dependencies. The findings implicate an important role for conceptual knowledge and plausible-reasoning processes in tasks that use subjective geographical information.

  18. Reasoning about plans

    CERN Document Server

    Allen, James; Pelavin, Richard; Tenenberg, Josh

    1991-01-01

    This book presents four contributions to planning research within an integrated framework. James Allen offers a survey of his research in the field of temporal reasoning, and then describes a planning system formalized and implemented directly as an inference process in the temporal logic. Starting from the same logic, Henry Kautz develops the first formal specification of the plan recognition process and develops a powerful family of algorithms for plan recognition in complex situations. Richard Pelavin then extends the temporal logic with model operators that allow the representation to

  19. Quantitative Algebraic Reasoning

    DEFF Research Database (Denmark)

    Mardare, Radu Iulian; Panangaden, Prakash; Plotkin, Gordon

    2016-01-01

    We develop a quantitative analogue of equational reasoning which we call quantitative algebra. We define an equality relation indexed by rationals: a =ε b which we think of as saying that “a is approximately equal to b up to an error of ε”. We have 4 interesting examples where we have a quantitative...... equational theory whose free algebras correspond to well known structures. In each case we have finitary and continuous versions. The four cases are: Hausdorff metrics from quantitive semilattices; pWasserstein metrics (hence also the Kantorovich metric) from barycentric algebras and also from pointed...

  20. "Critique of intuitive reason"

    Directory of Open Access Journals (Sweden)

    Dobrijević Aleksandar

    2005-01-01

    Full Text Available The author displays and reexamines Hare’s "two-level theory" of normative moral thinking ("intuitive" level and "critical" level, including goals that are intended by its establishing. Given Hare’s holism, the met ethical level, considered as fundamental or the "third" level, has notable effect on process of normative reasoning, especially if it is taken as one of the determinant of the critical moral thin king. Central part of the analysis is examination of utilitarian character of the theory.

  1. Charisma and Moral Reasoning

    Directory of Open Access Journals (Sweden)

    Jessica Flanigan

    2013-04-01

    Full Text Available Charisma is morally problematic insofar as it replaces followers’ capacity to engage in genuine moral reasoning. When followers defer to charismatic leaders and act in ways that are morally wrong they are not only blameworthy for wrongdoing but for failing in their deliberative obligations. Even when followers defer to charismatic leaders and do the right thing, their action is less praiseworthy to the extent that it was the result of charisma rather than moral deliberation. Therefore, effective charismatic leadership reliably undermines the praiseworthiness and amplifies the blameworthiness of follower’s actions.

  2. The Legal Regulation of Cybersecurity

    Directory of Open Access Journals (Sweden)

    Darius Štitilis

    2013-08-01

    Full Text Available Cybercrime has become a global phenomenon, which is causing more harm to individual citizens, organizations, society and the state. Most countries in the world compare cybercrime with offences such as terrorism and drug trafficking due to its risks and profitability. Cybersecurity is the central category to fight cybercrime in cyberspace. Therefore, the strategic legal regulation of cybersecurity is one of the most relevant problems in EU, including Lithuania. So far cybersecurity legal regulation analysis in scientific literature has been rather limited. The European Commission, together with the High Representative of the Union for Foreign Affairs and Security Policy, has published a cybersecurity strategy alongside a Commission proposed directive on network and information security (NIS. The cybersecurity strategy – “An Open, Safe and Secure Cyberspace” - represents the EU’s comprehensive vision on how best to prevent and respond to cyber disruptions and attacks. The purpose of its is to further European values of freedom and democracy and ensure the digital economy can safely grow. Specific actions are aimed at enhancing cyber resilience of information systems, reducing cybercrime and strengthening EU international cyber-security policy and cyber defence. The main goal of the paper is to analyze and compare the EU cybersecurity strategy and experience of several foreign countries with the strategic legal regulation of cybersecurity in Lithuania. The article consists of four parts. The first part dealt with the EU cybersecurity strategy. The second part of the article examines the comparative aspect of foreign cybersecurity strategic legal regulation. The third part deals with attempts in Lithuania to draft cybersecurity law and the holistic approach of cybersecurity legal regulation. The fourth part examines Lithuanian cybersecurity strategy and comments on the main probleas related with the strategy. Several different approaches

  3. Can legal research benefit from evaluation studies?

    Directory of Open Access Journals (Sweden)

    Frans L. Leeuw

    2011-01-01

    Full Text Available The article describes what evaluation studies have to offer to legal research. Several cases and types of evaluations are presented, in relation to legal or semi-legal questions. Also, a short overview of the contemporary history of evaluation studies is presented. Finally, it will address the question of how to ensure that in legal research and in legal training attention is paid to theories, designs and methods of evaluation studies.

  4. LEGAL CULTURES AND MEDIATION. INTERACTIONS AND EVOLUTIONS

    Directory of Open Access Journals (Sweden)

    Claudiu Ramon D. BUTCULESCU

    2014-05-01

    Full Text Available Mediation, as an alternative dispute resolution method, is closely connected with the system of legal cultures. Mediation is an important link between legal culture and the judicial system. Mediation also acts as an interface between internal legal culture and external legal culture. This paper addresses the issues regarding the links and interactions between mediation and legal cultures, as well as the effects that arise from these interactions.

  5. The reasons for deterrence

    International Nuclear Information System (INIS)

    Roche, Nicolas

    2017-01-01

    Based on a series of seminars gathering students of the French Ecole Normale Superieure in Paris, the author first proposes as introduction a discussion of lessons learned from recent Ukrainian crisis and Syrian crisis by focusing on issues related to deterrence, more precisely to the Syrian chemical program and attacks, and to the nuclear dimension of the Ukrainian crisis. The first part of this book addresses the French case with the definition of threats and of the defence policy (French white papers, overview of Russian and American defence policies, the current role of nuclear deterrence), and an historical overview of the French nuclear program. The second part proposes a brief grammar of deterrence through a presentation of the main technical data of nuclear defence, and of the main concepts related to nuclear defence and deterrence, through an historical overview of the strategic relationship between the USA and Russia, and through a discussion of the Non Proliferation Treaty (its history, its content, its current debates). The third part addresses the relationship between deterrence and regional balances by discussing issues related to various regions: South Asia (India and Pakistan), North Korea, China, role of the USA in Asia in terms of extended deterrence. It also comments the Iranian crisis: discussion of the problem, international, security and political stakes, brief history of negotiations. The fourth part addresses the relationships between non nuclear capabilities and deterrence: chemical and biological weapons as arms of massive destruction, programs and concepts of anti-missile defence, space and cyber-defence. The last and concluding part discusses the moral (or immoral) value of nuclear deterrence as it can be perceived from a humanitarian or legal point of view

  6. Legal consequences of a SETI detection

    Science.gov (United States)

    Fasan, Ernst

    If a detection of ETI takes place, this will in all probability be the result of either: (a) detecting and recognising a signal or other emission of ETI; or (b) the finding of an alien artifact (for instance on the Moon or other Celestial Body of our Solar System); or (c) the highly improbable event of an actual encounter. First and foremost, legal consequences regarding any of these contingencies will result from immediate consultations between nations on Earth. Understandings, memoranda and even agreements might be proposed and/or concluded. Such results within the field of terrestrial law will surely be a new branch of International Law, and particularly of International Space Law. At the same time, terrestrial nations will have to realize that any ETI will be self-determined intelligent individualities or organizations who might have their own understanding of "rules of behaviour" and thus, be legal subjects. Whether one calls such rules "law" or not: if two intelligent races—both of which have specific rules of behaviour—come into contact with each other, the basic understanding of such mutual rules will lead to a kind of "code of conduct". This might be the starting point for a kind of Law—Metalaw—between different races in the Universe.

  7. Legal Education: Critical of Contemporaneity

    Directory of Open Access Journals (Sweden)

    Patrícia Verônica Nunes Carvalho Sobral

    2016-10-01

    Full Text Available This study reflects on the Legal Education, considering the criticism of contemporaneity. To reach the goal, the text is divided into: Critical, idealization and reality of legal education; Professor  of  law  schools;  The  educational  legislation  Questions  of  legal  education methodology; Pedagogy and the law. The reading of the sources referred the thought inferences  about  the  teaching  of  law,  the  methodological  approach  and  the  didactic- pedagogic preparation, according to Associação Latino Americana de Metodologia do Ensino do Direito. Contributes to the continuity of academic debate in progress, it is a problem that concerns the professional higher education.

  8. Legal aspects of nuclear energy

    International Nuclear Information System (INIS)

    Kraut, A.

    1981-01-01

    The legal basis for the use of nuclear energy is generally given by an Atomic Energy Act. Additionally, however, a system of regulations and standards has to be set up to lay down more detailed requirements. The fundamental philosophy and strategy has to be specified by governmental organizations. For the specification and implementation of the requirements some minimum organizational arrangements are necessary, which are not only restricted to governmental organizations. Furthermore procedural regulations have to be laid down before the implementation phase. This includes aspects like public participation in the licensing procedure. In practice, however, the implementation of the legal requirements always shows some weakness of the basic legal requirements. To learn from this experience some examples are presented, which gave rise to difficulties in the implementation procedure. (orig./RW)

  9. Event Investigation

    International Nuclear Information System (INIS)

    Korosec, D.

    2000-01-01

    The events in the nuclear industry are investigated from the license point of view and from the regulatory side too. It is well known the importance of the event investigation. One of the main goals of such investigation is to prevent the circumstances leading to the event and the consequences of the event. The protection of the nuclear workers against nuclear hazard, and the protection of general public against dangerous effects of an event could be achieved by systematic approach to the event investigation. Both, the nuclear safety regulatory body and the licensee shall ensure that operational significant events are investigated in a systematic and technically sound manner to gather information pertaining to the probable causes of the event. One of the results should be appropriate feedback regarding the lessons of the experience to the regulatory body, nuclear industry and general public. In the present paper a general description of systematic approach to the event investigation is presented. The systematic approach to the event investigation works best where cooperation is present among the different divisions of the nuclear facility or regulatory body. By involving management and supervisors the safety office can usually improve their efforts in the whole process. The end result shall be a program which serves to prevent events and reduce the time and efforts solving the root cause which initiated each event. Selection of the proper method for the investigation and an adequate review of the findings and conclusions lead to the higher level of the overall nuclear safety. (author)

  10. Accident prevention in nuclear power plants and appropriate provisions in the current legal regime of the FRG

    International Nuclear Information System (INIS)

    Hohlefelder, W.

    1984-01-01

    Technology and hazards is a topic of concern to everybody, and legal experts are called upon to contribute their share to problem solving. Efforts towards creating a law on technical safety have to deal with the definition of terms such as: Hazards, damage, risk, probability, preventive measures. Sometimes, the question of whether an event should be judged to belong to accident prevention, risk abatement, or accepted remaining risk, is very difficult to answer. A system developed by experts is explained which offers a line of orientation along the following principles: The greater the risk, the more comprehensive and the more definite preventive measures are required. Measures to prevent damage are necessary in case of individual risks involved, such as the right to personal safety. In case of risks not affecting the individual, the principle of risk minimization is to be applied, taking into account the principle of reasonableness. (orig./HSCH) [de

  11. Legal aspects of thermal discharges

    International Nuclear Information System (INIS)

    Martin, A.J.

    1974-01-01

    An overview of those legal areas which directly affect technical and planning decisions is presented in the form of 2 legal approaches which constrain the indiscriminate release of thermal discharges to receiving waters. One takes the form of private remedies which have traditionally been available to aggrieved parties who are in some way damaged by the harmful discharge. The 2nd approach utilizes the various statutory constraints leading to direct governmental action. It appears that statutory law is playing the prominent role in restricting the temperature to which receiving waters may be raised as a result of such discharges by using effluent limitations and water quality standards. (Water Resour. Abstr.)

  12. Competitive Legal Professionals' use of Technology in Legal ...

    African Journals Online (AJOL)

    Advances in the information and communication technologies have led to the availability of a range of primary and secondary legal research publications online via the Internet, rather than on other storing devices such as compact discs or publications in the print media. Not only has information and communication ...

  13. Heuristic reasoning and relative incompleteness

    OpenAIRE

    Treur, J.

    1993-01-01

    In this paper an approach is presented in which heuristic reasoning is interpreted as strategic reasoning. This type of reasoning enables one to derive which hypothesis to investigate, and which observable information to acquire next (to be able to verify the chosen hypothesis). A compositional architecture for reasoning systems that perform such heuristic reasoning is introduced, called SIX (for Strategic Interactive eXpert systems). This compositional architecture enables user interaction a...

  14. The Christological Ontology of Reason

    DEFF Research Database (Denmark)

    Nissen, Ulrik Becker

    2006-01-01

    Taking the startingpoint in an assertion of an ambiguity in the Lutheran tradition’s assessment of reason, the essay argues that the Kantian unreserved confidence in reason is criticised in Bonhoeffer. Based upon a Christological understanding of reason, Bonhoeffer endorses a view of reason which...... is treated in the essay. Here it is argued that Bonhoeffer may be appropriated in attempting to outline a Christological ontology of reason holding essential implications for the sources and conditions of public discourse....

  15. Two kinds of reasoning.

    Science.gov (United States)

    Rips, L J

    2001-03-01

    According to one view of reasoning, people can evaluate arguments in at least two qualitatively different ways: in terms of their deductive correctness and in terms of their inductive strength. According to a second view, assessments of both correctness and strength are a function of an argument's position on a single psychological continuum (e.g., subjective conditional probability). A deductively correct argument is one with the maximum value on this continuum; a strong argument is one with a high value. The present experiment tested these theories by asking participants to evaluate the same set of arguments for correctness and strength. The results produced an interaction between type of argument and instructions: In some conditions, participants judged one argument deductively correct more often than a second, but judged the second argument inductively strong more often than the first. This finding supports the view that people have distinct ways to evaluate arguments.

  16. The universal legal framework against nuclear terrorism

    International Nuclear Information System (INIS)

    Gehr, W.

    2007-01-01

    After the events of September 11, the United Nations Security Council adopted Resolution 1373 (2001) which has been called the 'Counter-Terrorism Code' of the world, because it creates legal obligations for all 192 Member States of the United Nations. UN Security Council Resolutions 1373 (2001), 1540 (2004) and 1735 (2006) as well as a defined set of 13 global treaties constitute the universal legal framework against terrorism which must be implemented in a manner consistent with international human rights obligations. Basically, these 13 treaties as well as Resolution 1373 are international criminal law instruments. Within this universal legal framework, the framework against nuclear terrorism is constituted by Resolution 1540, the Convention on the Physical Protection of Nuclear Material (CPPNM) which entered into force in 1987, and the International Convention for the Suppression of Terrorist Bombings which is in force since 2001. These three legal instruments will be supplemented by the International Convention for the Suppression of Acts of Nuclear Terrorism, an amendment to the CPPNM and two Protocols amending the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation and the Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf, once these instruments, all of which were adopted in 2005, enter into force. The Terrorism Prevention Branch (TPB) of the United Nations Office on Drugs and Crime (UNODC) assists countries which are in need of legislative assistance for the drafting of appropriate counter-terrorism laws that duly take into account the obligations contained in Resolution 1373, the United Nations sanctions against Al-Qaida and the Taliban as well as in the 13 universal conventions for the prevention and the suppression of terrorism, including the CPPNM and the new International Convention for the Suppression of Acts of Nuclear Terrorism. UNODC/TPB has also

  17. THE LEGALITY OF DIVORCE IN THE PERSPECTIVE OF HADITH

    Directory of Open Access Journals (Sweden)

    Ridwan Hasbi

    2016-05-01

    Full Text Available Cerai talak (formula for divorce and Cerai gugat (sue for divorce are two terms of termination of marriage bond in Indonesia. The formula of divorce is a term that coincides with a divorce coming from the will of a husband and sue for divorce is the desire of a wife to separate from her husband. Islamic Law legalizes the right of wives in cases of divorce redeem (khulu‘ and fasakh because of syiqaq. On the other side, there are signs setting the rights up, so that the given reasons to use the rights must be legal in syar‘i. The reasons for the legality of divorce is a common-cause factor, so that the banning with threatening hadiths as well as those of the hadiths that say wives must obey their husbands, the wives should not hurt their husband and the wives are prisoners of husbands are all categorized into general. At another angle, there also the hadiths concerning with the status a couple husband and wife is heaven and hell for them in a household. Contextualization of hadiths that ban a wife asking for divorce without any legal cause from Syar‘i, and also those of the hadiths legalize khulu‘ are the realization of the conjugal lives with regards to the mandate of Allah and religious values. The facts of a wife sue for divorce to her husband are the conditions related to a confusion occurred in a household which are influenced by a variety of factors, i.g. economy, adultery, polygamy, social strata and others. A sue for divorce which is Syar’i based condition is a disagreement prolonged strife after peace held between the two sides and act endangers a wife

  18. Consensual exploitation : the moral wrong in exploitation and legal restrictions on consensual exploitative transactions

    OpenAIRE

    van der Neut, Wendy

    2014-01-01

    This thesis is about so-­‐called consensual exploitative transactions: transactions to which all parties agree voluntarily, and which are beneficial for all parties, but which are still widely considered exploitative, and for that reason legally restricted in many countries. The thesis asks two main questions: 1. What is wrong with consensual exploitation? 2.What implications does the answer to this question have for the legal restriction of consensual transactions ...

  19. Intelligence Community Legal Reference Book

    Science.gov (United States)

    2009-01-01

    participation of the FBI in special events management , in relation to public events or other activities whose character may make them attractive targets for...responsibilities. For example, assessments may be conducted as part of the FBI’s special events management activities. More broadly, detecting and...in the context of special events management , concerning public events or activities that may be targeted for terrorist attack, is an authorized

  20. Using Relational Reasoning Strategies to Help Improve Clinical Reasoning Practice.

    Science.gov (United States)

    Dumas, Denis; Torre, Dario M; Durning, Steven J

    2018-05-01

    Clinical reasoning-the steps up to and including establishing a diagnosis and/or therapy-is a fundamentally important mental process for physicians. Unfortunately, mounting evidence suggests that errors in clinical reasoning lead to substantial problems for medical professionals and patients alike, including suboptimal care, malpractice claims, and rising health care costs. For this reason, cognitive strategies by which clinical reasoning may be improved-and that many expert clinicians are already using-are highly relevant for all medical professionals, educators, and learners.In this Perspective, the authors introduce one group of cognitive strategies-termed relational reasoning strategies-that have been empirically shown, through limited educational and psychological research, to improve the accuracy of learners' reasoning both within and outside of the medical disciplines. The authors contend that relational reasoning strategies may help clinicians to be metacognitive about their own clinical reasoning; such strategies may also be particularly well suited for explicitly organizing clinical reasoning instruction for learners. Because the particular curricular efforts that may improve the relational reasoning of medical students are not known at this point, the authors describe the nature of previous research on relational reasoning strategies to encourage the future design, implementation, and evaluation of instructional interventions for relational reasoning within the medical education literature. The authors also call for continued research on using relational reasoning strategies and their role in clinical practice and medical education, with the long-term goal of improving diagnostic accuracy.

  1. A logic for inductive probabilistic reasoning

    DEFF Research Database (Denmark)

    Jaeger, Manfred

    2005-01-01

    Inductive probabilistic reasoning is understood as the application of inference patterns that use statistical background information to assign (subjective) probabilities to single events. The simplest such inference pattern is direct inference: from '70% of As are Bs" and "a is an A" infer...... that a is a B with probability 0.7. Direct inference is generalized by Jeffrey's rule and the principle of cross-entropy minimization. To adequately formalize inductive probabilistic reasoning is an interesting topic for artificial intelligence, as an autonomous system acting in a complex environment may have...... to base its actions on a probabilistic model of its environment, and the probabilities needed to form this model can often be obtained by combining statistical background information with particular observations made, i.e., by inductive probabilistic reasoning. In this paper a formal framework...

  2. Reasoning with Previous Decisions: Beyond the Doctrine of Precedent

    DEFF Research Database (Denmark)

    Komárek, Jan

    2013-01-01

    in different jurisdictions use previous judicial decisions in their argument, we need to move beyond the concept of precedent to a wider notion, which would embrace practices and theories in legal systems outside the Common law tradition. This article presents the concept of ‘reasoning with previous decisions...... law method’, but they are no less rational and intellectually sophisticated. The reason for the rather conceited attitude of some comparatists is in the dominance of the common law paradigm of precedent and the accompanying ‘case law method’. If we want to understand how courts and lawyers......’ as such an alternative and develops its basic models. The article first points out several shortcomings inherent in limiting the inquiry into reasoning with previous decisions by the common law paradigm (1). On the basis of numerous examples provided in section (1), I will present two basic models of reasoning...

  3. Use of Statistical Heuristics in Everyday Inductive Reasoning.

    Science.gov (United States)

    Nisbett, Richard E.; And Others

    1983-01-01

    In everyday reasoning, people use statistical heuristics (judgmental tools that are rough intuitive equivalents of statistical principles). Use of statistical heuristics is more likely when (1) sampling is clear, (2) the role of chance is clear, (3) statistical reasoning is normative for the event, or (4) the subject has had training in…

  4. EWEA 2012: conference on the legal framework of wind energy

    International Nuclear Information System (INIS)

    Froeding, Veronique; Iuga, Dorina; Lintker, Stephanus; Edlich, Sophie

    2012-01-01

    At the occasion of 2012 Europe Wind energy event (EWEA), the French-German office for Renewable energies (OFAEnR) organised a conference on the legal framework of wind energy. In the framework of this French-German exchange of experience, participants exchanged views on the French and German respective regulations and administrative procedures for wind energy projects. This document brings together the available presentations (slides) made during this event: 1 - Synthesis note of the wind turbines French regulation (Veronique Froeding); 2 - Wind Barriers Presentation - Administrative and Grid access barriers (Dorina Iuga); 3 - Wind energy in France - Legal framework: what's new? (Veronique Froeding); 4 - North Rhine-Westphalia and the Wind energy Decree from July 2011: NRW Pioneer in Wind energy in Germany (Stephanus Lintker); 5 - Duration and development costs of wind energy projects in France and in Germany (Sophie Edlich)

  5. Legal incentives for minimizing waste

    International Nuclear Information System (INIS)

    Clearwater, S.W.; Scanlon, J.M.

    1991-01-01

    Waste minimization, or pollution prevention, has become an integral component of federal and state environmental regulation. Minimizing waste offers many economic and public relations benefits. In addition, waste minimization efforts can also dramatically reduce potential criminal requirements. This paper addresses the legal incentives for minimizing waste under current and proposed environmental laws and regulations

  6. Should Pediatric Euthanasia be Legalized?

    NARCIS (Netherlands)

    Brouwer, Marije; Kaczor, Christopher; Battin, Margaret P; Maeckelberghe, Els; Lantos, John D; Verhagen, Eduard

    Voluntary active euthanasia for adults at their explicit request has been legal in Belgium and the Netherlands since 2002. In those countries, acceptance of the practice for adults has been followed by acceptance of the practice for children. Opponents of euthanasia see this as a dangerous slippery

  7. Virtual Reality and Legal Education

    OpenAIRE

    Kiskinov, Vihar

    2014-01-01

    Report published in the Proceedings of the National Conference on "Education and Research in the Information Society", Plovdiv, May, 2014 The paper examines the impact of virtual reality on legal education. Association for the Development of the Information Society, Institute of Mathematics and Informatics Bulgarian Academy of Sciences, Plovdiv University "Paisii Hilendarski"

  8. Legal theology in imposed constitutionalism

    DEFF Research Database (Denmark)

    Abat Ninet, Antoni

    2018-01-01

    The focus of this paper is the question of legitimacy, and how can we consider legitimate an imposed constitution and the subsequent constitutional principles, practices and values that go hand-in-hand with the legal and political acculturation. Constitutional texts around the world are good...

  9. Learned Treatise and Legal Reform

    DEFF Research Database (Denmark)

    Münster-Swendsen, Mia

    2010-01-01

    of the royal court from the time of the reign of Cnut the Great to the author's present. In Danish as well as international scholarship this deceptively simple text has frequently been treated either as a ‘law code' or ‘law book' in itself or as a reflection of actual legal practice. Yet here I will contend...

  10. Legal Education in China Today.

    Science.gov (United States)

    Macdonald, R. St. J.

    1980-01-01

    Education in law, which was suspended during the 1976 Chinese Cultural Revolution, is now being steadily developed. Since 1978 the concept of law nihilism has been repudiated, juridical debate has expanded, publications and translated articles are appearing, and legal advisory offices have reappeared. (MSE)

  11. Legal Scholarship as a Vocation.

    Science.gov (United States)

    Luban, David

    2001-01-01

    Explores the more purely theoretical side of the legal scholar's vocation, using Max Weber's text on the scholar's role titled "Science as a Vocation." Discusses the consequences of the tension between law schools' generalist "pretensions" and increasingly specialist character, and Weber's fact/value distinction. (EV)

  12. Towards a Legal Recommender System

    NARCIS (Netherlands)

    Winkels, R.; Boer, A.; Vredebregt, B.; van Someren, A.

    2014-01-01

    In this paper we present the results of ongoing research aimed at a legal recommender system where users of a legislative portal receive suggestions of other relevant sources of law, given a focus document. We describe how we make references in case law to legislation explicit and machine readable,

  13. PLEDGES OF A LEGAL ACADEMIC

    African Journals Online (AJOL)

    eliasn

    Tsegaye Regassa is currently a PhD Candidate at Melbourne University. Law School and can be reached at ... worthy commentator of our laws for our times, a defender of the civilization embodied in the laws of the ... As a legal academic, I note that I am part of the corps of intellectuals who, as society's paid thinkers, seek to ...

  14. Legal Aspects of Drug Abuse.

    Science.gov (United States)

    Sloat, Robert S.

    Discussed from a teacher's perspective are the legal and cultural ramifications of drug abuse. The importance of teachers' examining their own values concerning drug use is emphasized. Also reviewed are the history of drug use and of narcotics legislation. Recommendations concerning legislative reform are discussed. (CL)

  15. Citizen Access to Legal Information.

    Science.gov (United States)

    Andrus, Kay L.

    1987-01-01

    Describes activities by the American Bar Association and other groups aimed at educating the public about their legal rights and responsibilities, including informational pamphlets and brochures issued by state bar associations. These public service information pamphlets are listed by state and the address of each state's bar association is…

  16. Neuromarketing from a Legal Perspective

    Czech Academy of Sciences Publication Activity Database

    Krausová, Alžběta

    2017-01-01

    Roč. 7, č. 1 (2017), s. 40-49 ISSN 1805-8396 R&D Projects: GA ČR(CZ) GA16-26910S Institutional support: RVO:68378122 Keywords : biometric data * consumer protection * data protection Subject RIV: AG - Legal Sciences OBOR OECD: Law

  17. The privatization of electricity distribution in Turkey: A legal and economic analysis

    International Nuclear Information System (INIS)

    Ulusoy, Ali; Oguz, Fuat

    2007-01-01

    This paper analyzes the recent regulatory reform in the Turkish Electricity Distribution Market from a legal and economic perspective. We highlight tensions between the judiciary, politicians and bureaucracy and discuss their economic consequences. The paper engages in a discussion of economic consequences of legal procedures. We stress interactions between legal decisions and economic institutions. The historical positions of the Constitutional Court and Danistay (Council of State), on privatizations have been ambivalent and it is hard to qualify them as an incentive for privatization and reform, despite some recent liberal decisions. We address reasons behind their decisions and offer some suggestions toward improving the privatization process

  18. Legal Field and Social Representations : Analysis of Damage of The Grounds of Failure in Moral Judgments

    Directory of Open Access Journals (Sweden)

    Morgana Neves de Jesus

    2016-11-01

    Full Text Available It is proposed to analyze the problem of the failure of judicial decisions, from the observation of the interference of social representations the lack of real motivation of judgments, from the statement of denaturation of the institute moral damage caused by internalized reproduction of concepts and meanings anchored and objectified in the collective unconscious of the various authorities and actors in the legal field. Seeks to understand the social representations reproduced in the legal and social field of the institute, which confirms the problem of inadequate statement of reasons and not resolving legal conflicts social damage morale.

  19. Forecasting Turbine Icing Events

    DEFF Research Database (Denmark)

    Davis, Neil; Hahmann, Andrea N.; Clausen, Niels-Erik

    2012-01-01

    In this study, we present a method for forecasting icing events. The method is validated at two European wind farms in with known icing events. The icing model used was developed using current ice accretion methods, and newly developed ablation algorithms. The model is driven by inputs from the WRF...... mesoscale model, allowing for both climatological estimates of icing and short term icing forecasts. The current model was able to detect periods of icing reasonably well at the warmer site. However at the cold climate site, the model was not able to remove ice quickly enough leading to large ice...

  20. Reason with me : 'Confabulation' and interpersonal moral reasoning

    NARCIS (Netherlands)

    Nyholm, S.R.

    2015-01-01

    According to Haidt’s ‘social intuitionist model’, empirical moral psychology supports the following conclusion: intuition comes first, strategic reasoning second. Critics have responded by arguing that intuitions can depend on non-conscious reasons, that not being able to articulate one’s reasons

  1. Motivated reasoning during recruitment.

    Science.gov (United States)

    Kappes, Heather Barry; Balcetis, Emily; De Cremer, David

    2018-03-01

    This research shows how job postings can lead job candidates to see themselves as particularly deserving of hiring and high salary. We propose that these entitlement beliefs entail both personal motivations to see oneself as deserving and the ability to justify those motivated judgments. Accordingly, we predict that people feel more deserving when qualifications for a job are vague and thus amenable to motivated reasoning, whereby people use information selectively to reach a desired conclusion. We tested this hypothesis with a 2-phase experiment (N = 892) using materials drawn from real online job postings. In the first phase of the experiment, participants believed themselves to be more deserving of hiring and deserving of higher pay after reading postings composed of vaguer types of qualifications. In the second phase, yoked observers believed that participants were less entitled overall, but did not selectively discount endorsement of vaguer qualifications, suggesting they were unaware of this effect. A follow-up preregistered experiment (N = 905) using postings with mixed qualification types replicated the effect of including more vague qualifications on participants' entitlement beliefs. Entitlement beliefs are widely seen as problematic for recruitment and retention, and these results suggest that reducing the inclusion of vague qualifications in job postings would dampen the emergence of these beliefs in applicants, albeit at the cost of decreasing application rates and lowering applicants' confidence. (PsycINFO Database Record (c) 2018 APA, all rights reserved).

  2. Business structures and sustainable regional legal practice: the use of incorporated legal practices by regional, rural and remote legal practitioners

    OpenAIRE

    Caroline Lydia Hart

    2012-01-01

    Since 2007 the Legal Profession Act 2007 (Qld) has offered legal practitioners a wider choice of business structure other than sole practitioner or partnership, to include incorporated legal practice ('ILP') or multidisciplinary partnership. In particular the use of ILPs offers legal practitioners a range of benefits in terms of operating a law firm consistent with business management practices. The status of ILP however comes at a cost of putting in place 'appropriate management systems'. ...

  3. Event Modeling

    DEFF Research Database (Denmark)

    Bækgaard, Lars

    2001-01-01

    The purpose of this chapter is to discuss conceptual event modeling within a context of information modeling. Traditionally, information modeling has been concerned with the modeling of a universe of discourse in terms of information structures. However, most interesting universes of discourse...... are dynamic and we present a modeling approach that can be used to model such dynamics.We characterize events as both information objects and change agents (Bækgaard 1997). When viewed as information objects events are phenomena that can be observed and described. For example, borrow events in a library can...

  4. Legal Duties and Legal Liabilities of Coaches toward Athletes

    Directory of Open Access Journals (Sweden)

    Mirsafian Hamidreza

    2016-03-01

    Full Text Available Background. It is undeniable that coaches play a major role in the development of athletes. Coaches and athletes have a close relationship and share various experiences that lead to a strong bond between them, and this is of great responsibility for the coach. Therefore, the coach should maintain this bond with mutual respect and trust. Various responsibilities are progressively placed on coaches by law to prevent or minimize injuries to athletes. In other words, since a coach is placed in a position of power and trust, the duty of care will always be placed on him. If certain requirements are not met, the coach may be held financially, or even criminally, liable. In this study, the author explains and discusses coaches’ legal duties, legal liabilities, and the elements required for liability of coaches toward athletes.

  5. Component Processes in Analogical Reasoning

    Science.gov (United States)

    Sternberg, Robert J.

    1977-01-01

    Describes alternative theoretical positions regarding (a) the component information processes used in analogical reasoning and (b) strategies for combining these processes. Also presents results from three experiments on analogical reasoning. (Author/RK)

  6. Preferential reasoning for modal logics

    CSIR Research Space (South Africa)

    Britz, K

    2011-11-01

    Full Text Available Modal logic is the foundation for a versatile and well-established class of knowledge representation formalisms in artificial intelligence. Enriching modal logics with non-monotonic reasoning capabilities such as preferential reasoning as developed...

  7. Commercial sexual practices before and after legalization in Australia.

    Science.gov (United States)

    Seib, Charrlotte; Dunne, Michael P; Fischer, Jane; Najman, Jackob M

    2010-08-01

    The nature of sex work changes over time for many reasons. In recent decades around the world, there has been movement toward legalization and control of sex economies. Studies of the possible impact of legalization mainly have focused on sexually transmitted infections and violence, with little attention to change in the diversity of sexual services provided. This study examined the practices of sex workers before and after legalization of prostitution. Cross-sectional surveys of comparable samples of female sex workers were conducted in 1991 (N = 200, aged 16-46 years) and 2003 (N = 247, aged 18-57 years) in Queensland, Australia, spanning a period of major change in regulation of the local industry. In 2003, male clients at brothels and private sole operators (N = 161; aged 19-72 years) were also interviewed. Over time, there was a clear increase in the provision of "exotic" sexual services, including bondage and discipline, submission, fantasy, use of sex toys, golden showers, fisting, and lesbian double acts, while "traditional" services mostly remained at similar levels (with substantial decrease in oral sex without a condom). Based on comparisons of self-reports of clients and workers, the demand for anal intercourse, anal play, and urination during sex apparently exceeded supply, especially in licensed brothels. Within this population, legalization of sex work coincided with a substantial increase in diversity of services, but it appears that in the regulated working environments, clients who prefer high risk practices might not dictate what is available to them.

  8. A computerized legal information management system | Ohiagu ...

    African Journals Online (AJOL)

    A computerized legal information management system. ... process through the filling system using the survey research methodology. ... A framework for the design and implementation of a legal information management system was presented.

  9. Senior Legal Counsel | IDRC - International Development Research ...

    International Development Research Centre (IDRC) Digital Library (Canada)

    Advises on a range of current legal and business issues impacting IDRC by ... legal and risk management practices, and recommending courses of action to ... in conducting its overseas operations;; advising on new legislation, such as the ...

  10. Legal technique: approaches to section on types

    Directory of Open Access Journals (Sweden)

    І. Д. Шутак

    2015-11-01

    Full Text Available Legal technique is a branch of knowledge about the rules of doing legal work and creating in the process a variety of legal documents, which had previously been part of the theory of law. In modern conditions of the legal technique are isolated in a separate branch of legal science, focused on solving practical problems. The purpose of this article is to analyze the types of legal techniques, in particular, on the basis of theoretical propositions about legal technique to allocate substantial characteristics and types of legal technique. O. Malko and M. Matuzov consider legal technique as a set of rules, techniques, methods of preparation, creation, registration of legal documents, their classification and accounting for their excellence, efficient use. A similar meaning is investing in this concept Alekseev, determining that the legal technique is a set of tools and techniques used in accordance with accepted rules in the formulation and systematization of legal acts to ensure their perfection. So, legal technique – theoretical and applied legal science, which studies the regularities of rational legal practice in the creation, interpretation and implementation of law. In relation to the type of legal techniques in the literature proposed different classifications. For example, G. Muromtsev technique, which is used only in the field of law, divide on the technique of law-making (legislative technique, technique of law enforcement, interpretation, technique of judicial speech, interrogation, notarial activities. V. Kartashov shared legal technique on law making and enforcement (prorealtime, interpretive yourself and prevacidrebatezw, judicial or investigative, prosecutorial, and the like. Some authors clearly indicate that the criterion by which to distinguish types of legal techniques. So, S. Alekseev notes that legal technique is classified from the point of view of the legal nature of the act made on: a techniques of legal acts; b the

  11. CONSIDERATIONS REGARDING THE EFFECTS OF LEGAL COMMUNICATION

    Directory of Open Access Journals (Sweden)

    Claudiu Ramon D. Butculescu

    2015-11-01

    Full Text Available This article addresses some aspects of legal communication or legal effects of communication. As such, legal communication can have positive and negative effects. Both effects are briefly analyzed, and for the negative effects of legal communication we have also presented proposals to reduce the negative effects of law communication. Thus, the article presents the positive effects of right communication in various branches of law such as civil, constitutional law or tax law. On the other hand, the negative effects of communication leading to the deterioration of the legal message, so that much of the legal message becomes legal noise. Another negative effect of miscommunication of law is the phenomenon of legislative inflation, which has a profound impact on the way in which legal rules are understood and respected by community members. All these negative effects produce serious consequencesin civil law, company law, tax law, and in many other areas of law.

  12. Analogical Reasoning in Geometry Education

    Science.gov (United States)

    Magdas, Ioana

    2015-01-01

    The analogical reasoning isn't used only in mathematics but also in everyday life. In this article we approach the analogical reasoning in Geometry Education. The novelty of this article is a classification of geometrical analogies by reasoning type and their exemplification. Our classification includes: analogies for understanding and setting a…

  13. Heuristic reasoning and relative incompleteness

    NARCIS (Netherlands)

    Treur, J.

    1993-01-01

    In this paper an approach is presented in which heuristic reasoning is interpreted as strategic reasoning. This type of reasoning enables one to derive which hypothesis to investigate, and which observable information to acquire next (to be able to verify the chosen hypothesis). A compositional

  14. Heuristic Elements of Plausible Reasoning.

    Science.gov (United States)

    Dudczak, Craig A.

    At least some of the reasoning processes involved in argumentation rely on inferences which do not fit within the traditional categories of inductive or deductive reasoning. The reasoning processes involved in plausibility judgments have neither the formal certainty of deduction nor the imputed statistical probability of induction. When utilizing…

  15. Analogical Reasoning and Computer Programming.

    Science.gov (United States)

    Clement, Catherine A.; And Others

    1986-01-01

    A study of correlations between analogical reasoning and Logo programming mastery among female high school students related the results of pretests of analogical reasoning to posttests of programming mastery. A significant correlation was found between analogical reasoning and the ability to write subprocedures for use in several different…

  16. Abortion Legalization and Adolescent Substance Use

    OpenAIRE

    Charles, Kerwin Kofi; Stephens, Melvin, Jr

    2006-01-01

    We assess whether in utero exposure to legalized abortion in the early 1970's affected individuals' propensities to use controlled substances as adolescents. We exploit the fact that some states legalized abortion before national legalization in 1973 to compare differences in substance use for adolescents across birth cohorts in different states. We find that persons exposed to early legalization were, on average, much less likely to use controlled substances. We also assess how substance use...

  17. Marketing legal services on the Internet

    OpenAIRE

    Alicja Mikołajczyk

    2014-01-01

    This article describes accessible means of marketing legal services under restrictive regulations in the Polish market. As attorneys-at-law and legal advisers face significant legal and ethical limitations in their market communication, they are forced to seek alternative tools of promoting their services and reaching potential clients. Electronic media turned out to be an effective and convenient channel in marketing legal services, often prevailing offline marketing communication. The artic...

  18. CONSIDERATIONS REGARDING THE EFFECTS OF LEGAL COMMUNICATION

    OpenAIRE

    Claudiu Ramon D. Butculescu

    2015-01-01

    This article addresses some aspects of legal communication or legal effects of communication. As such, legal communication can have positive and negative effects. Both effects are briefly analyzed, and for the negative effects of legal communication we have also presented proposals to reduce the negative effects of law communication. Thus, the article presents the positive effects of right communication in various branches of law such as civil, constitutional law or tax law. On th...

  19. Organizational Factors Affecting Legalization in Education.

    Science.gov (United States)

    Meyer, John W.

    Legalization here refers to the introduction into the educational system of new legal rules, emanating from outside the routine channels of educational management. It includes general legal rules from legislation, from the courts, or from higher administrative levels. The key to the definition is lack of integration of the new rules with the main…

  20. The interface of legal and esthetic considerations

    Science.gov (United States)

    Richard C. Smardon

    1979-01-01

    This paper is an overview of development of legal/policy factors affecting visual resource management. Review of major legal issues, court cases, laws and administrative decisionmaking reveals that the "action" regarding legal and aesthetic issues is currently in the public arena as managed by administrative agencies. Analysis of key court cases reveals that...

  1. Legal Coordinator | IDRC - International Development Research ...

    International Development Research Centre (IDRC) Digital Library (Canada)

    Develops systems and procedures for administering and tracking legal undertakings, coordinates and consolidates the legal information in order to meet deadlines. • Collaborates with the Secretary and General Counsel to ensure that all legal issues are handled efficiently, while respecting the highly confidential nature of ...

  2. Terrorism as a Social and Legal Phenomenon

    Science.gov (United States)

    Serebrennikova, Anna; Mashkova, Yekaterina

    2017-01-01

    This article examines the concept of terrorism as a social and legal phenomenon, its international legal and criminal-legal characteristics. Highlighted are the main aspects of cooperation of the states and the international community to counter terrorist activities. Terrorism as a social phenomenon is determined by paragraph 1 of article 3 of the…

  3. Legal Research in a Changing Information Environment

    African Journals Online (AJOL)

    tduplessis

    opportunities for research into constitutional issues, constitutional development and the relationship ... Legal research is a fundamental skill in the legal profession.9 Although all areas of law do not require ..... 1999 Legal RSQ 78. 56 In the print information environment lawyers use standard citation formats, e.g. X v Z 1999.

  4. Morocco : Legal and Judicial Sector Assessment

    OpenAIRE

    World Bank

    2003-01-01

    The overall legal framework in Morocco is not a priority area for reform. The law-making process, however, is weak, resulting in poorly drafted laws, and legal dissemination is inadequate. Legal education relies upon outdated curricula and is offered in competing languages, French and Arabic, the selection of which largely determines students' choices for future employment. The training of...

  5. Legal Knowledge and Agility in Public Administration

    NARCIS (Netherlands)

    Boer, A.; van Engers, T.

    2013-01-01

    To address agility in public administration, we have developed a knowledge acquisition infrastructure for legal knowledge, based on an implementation-oriented conceptualization of the legal system. Our objective is to reframe legal knowledge as a knowledge source in a design-oriented task ontology,

  6. Legal reality of Russia: constants and variables

    Directory of Open Access Journals (Sweden)

    Andrey Valeryevich Skorobogatov

    2015-06-01

    Full Text Available Objective to develop the sciencebased knowledge about essential and substantial aspects of the current legal reality of Russia in the context of postclassical paradigm. Methods the methodological basis of this research is the synthesis of classical and postclassical paradigms that determine the choice of specific methods of research formallegal comparative legal modeling method hermeneutic discursive methods. Results basing on the postclassical methodology it is proved that the legal reality of Russia consists of three levels legislation law enforcement and legal behavior. The determinant level of legal reality is legal behavior that is aimed at observing the unwritten rules. The legal reality of Russia is characterized by a transgressive state of the modern Russian society expressed in broad application of nonlegislative nonlegal practices low level of legal culture legal nihilism and legal infantilism. Scientific novelty the article for the first time analyzes the ontological and phenomenological essence of the legal reality in Russia and determines its transgressive nature at the present stage of development. Practical value the main provisions and conclusions of the article can be used in scientific and pedagogical activity when considering questions about the nature and content of legal development. nbsp

  7. 18 CFR 3b.5 - Legal guardians.

    Science.gov (United States)

    2010-04-01

    ... 18 Conservation of Power and Water Resources 1 2010-04-01 2010-04-01 false Legal guardians. 3b.5... INFORMATION General § 3b.5 Legal guardians. For the purposes of this part, the parent of any minor, or the legal guardian of any individual who has been declared to be incompetent due to physical or mental...

  8. The Christological Ontology of Reason

    DEFF Research Database (Denmark)

    Nissen, Ulrik Becker

    2006-01-01

    Taking the startingpoint in an assertion of an ambiguity in the Lutheran tradition’s assessment of reason, the essay argues that the Kantian unreserved confidence in reason is criticised in Bonhoeffer. Based upon a Christological understanding of reason, Bonhoeffer endorses a view of reason which...... is specifically Christian and yet maintains a universality. With a focus on Bonhoeffer’s »Ethik« as the hermeneutical key to his theology, Bonhoeffer’s notion is also discussed in the light of contemporary Christian ethics. In this part it is particularly the role of reason within a public dis-course which...

  9. Drug product selection: legal issues.

    Science.gov (United States)

    Christensen, T P; Kirking, D M; Ascione, F J; Welage, L S; Gaither, C A

    2001-01-01

    To review the potential legal liability of the pharmacist in the drug product selection process. Published articles identified through MEDLINE, published law reviews identified through InfoTrac, and appellate court decisions. Search terms used included pharmacist liability, drug product selection, and generic substitution. Additional articles, books, and appellate court decisions were identified from the bibliographies of retrieved articles and citations in appellate court decisions. Pharmacists engaging in drug product selection are civilly liable under three legal theories: negligence, express or implied warranties, and strict product liability. Potential criminal liability includes prosecution for insurance fraud, deceptive business practices, and violation of state drug product selection laws and regulation. Pharmacists increase their liability when engaging in drug product selection, but the increase is small. Still, the law continues to evolve as pharmacists seek expanded roles and responsibilities. When courts give closer examination to pharmacists' expanded role, it is likely that pharmacists' liability will increase.

  10. Mediation in Legal English Teaching

    Directory of Open Access Journals (Sweden)

    Chovancová Barbora

    2016-06-01

    Full Text Available Mediation is a language activity that has been unjustly neglected when preparing law students for their future professional careers. When trained in a professional context, students need to develop and improve complex communicative skills. These include not only the traditional language skills such as reading, writing, listening and speaking, but also more advanced skills such as summarizing, providing definitions, changing registers etc. All these are involved in the students’ acquisition of ‘soft skills’ that are particularly important for students of law since much of their future work involves interpersonal lawyer-client interaction. This article argues that mediation is a crucial (though previously underestimated skill and that law-oriented ESP instruction should provide training aimed at developing this skill. Showing a practical application of this approach, the paper demonstrates that mediation can be successfully integrated in the legal English syllabus and make the learning of legal English more effective.

  11. Against a Systemic Legal History

    Directory of Open Access Journals (Sweden)

    Simon Roberts

    2002-01-01

    Full Text Available This paper questions the resort to systems theory as the foundation of an evolutionary legal history. In particular, the theoretical legacy of Niklas Luhmann upon which Marie Theres Fögen proposes to draw seems to have limited application outside a context in which advanced system differentiation is present. Although (like Marx, Durkheim and Weber before him Luhmann drew in a broad evolutionary trajectory, he was concerned principally with “functionally differentiated society”. Earlier phases – covering precisely those formations that historians will presumably focus upon – are very hazily sketched in and relatively poorly theorised. In general, we should not too readily acknowledge “the exhaustion of the paradigm of modernity” (Santos, 1995 or rush to proclaim the obsolescence of multi-dimensional approaches such as those of Bourdieu (1977 and Giddens (1984. Any legal history that marginalises both human actors and the conditional environment has a considerable task in making up the ensuing deficit.

  12. Legal issues in radon affairs

    International Nuclear Information System (INIS)

    Massuelle, M.H.

    1999-01-01

    In France, it was only recently that cases related to high radon concentrations in dwellings received substantial publicity. This irruption of radon as a public health issue came with the general progress of scientific knowledge and the availability of a research capacity in France able to develop expertise. We are interested here in the legal implications of issues that arise from the lag between the activity of experts and the regulatory activity in the domain of radon. We use the term expertise very broadly, to cover the practical application of research findings, the relation of the researchers with the community, and finally the acts by which experts provide their knowledge to the community. We first examine the course by which science developed the radon issue and the way they organized to move from research to expertise; here we try to characterize the various needs for radon expertise. We then discuss the legal difficulties associated with radon expertise

  13. Legal issues in radon affairs

    Energy Technology Data Exchange (ETDEWEB)

    Massuelle, M.H. [Inst. de Protection et de Surete Nucleaire, Fontenay aux Roses (France)

    1999-12-01

    In France, it was only recently that cases related to high radon concentrations in dwellings received substantial publicity. This irruption of radon as a public health issue came with the general progress of scientific knowledge and the availability of a research capacity in France able to develop expertise. We are interested here in the legal implications of issues that arise from the lag between the activity of expertsand the regulatory activity in the domain of radon. We use the term expertise very broadly, to cover the practical application of research findings, the relation of the researchers with the community, and finally the acts by which experts provide their knowledge to the community. We first examine the course by which science developed the radon issue and the way they organized to move from research to expertise; here we try to characterize the various needs for radon expertise. We then discuss the legal difficulties associated with radon expertise.

  14. Chernobyl and no legal consequences

    International Nuclear Information System (INIS)

    Sterzel, D.

    1987-01-01

    The author is doubtful about the judgement of the Superior Administrative Court Lueneburg of October 28, 1986 relating to the nuclear power plant of Brokdorf. Fundamental rights of citizens who live in the vicinity of a nuclear power plant are not guaranteed. The protection of life according to article 2 of the German Constitution should have priority over legal protection of atomic power plants pursuant to art. 14 of the Constitution. (CW) [de

  15. Surrogacy: Ethical and Legal Issues

    Directory of Open Access Journals (Sweden)

    Pikee Saxena

    2012-01-01

    Full Text Available Surrogacy refers to a contract in which a woman carries a pregnancy "for"another couple. Number of infertile couples from all over the World approach India where commercial surrogacy is legal. Although this arrangement appears to be beneficial for all parties concerned,there are certain delicate issues which need to be addressed through carefully framed laws in order to protect the rights of the surrogate mother and the intended parents.

  16. Surrogacy: Ethical and Legal Issues

    Science.gov (United States)

    Saxena, Pikee; Mishra, Archana; Malik, Sonia

    2012-01-01

    Surrogacy refers to a contract in which a woman carries a pregnancy “for” another couple. Number of infertile couples from all over the World approach India where commercial surrogacy is legal. Although this arrangement appears to be beneficial for all parties concerned,there are certain delicate issues which need to be addressed through carefully framed laws in order to protect the rights of the surrogate mother and the intended parents. PMID:23293432

  17. Legal Parameters of Space Tourism

    OpenAIRE

    Smith, Lesley Jane; Hörl, Kay-Uwe

    2004-01-01

    The commercial concept of space tourism raises important legal issues not specifically addressed by first generation rules of international spacelaw. The principles established in the nineteen sixties and seventies were inspired by the philosophy that exploration of space was undertaken by and for the benefit of mankind. Technical developments since then haveincreased the potential for new space applications, with a corresponding increase in commercial interest in space. If space tourism is t...

  18. Surrogacy: ethical and legal issues.

    Science.gov (United States)

    Saxena, Pikee; Mishra, Archana; Malik, Sonia

    2012-10-01

    Surrogacy refers to a contract in which a woman carries a pregnancy "for" another couple. Number of infertile couples from all over the World approach India where commercial surrogacy is legal. Although this arrangement appears to be beneficial for all parties concerned,there are certain delicate issues which need to be addressed through carefully framed laws in order to protect the rights of the surrogate mother and the intended parents.

  19. Fundamentals of legal argumentation : A survey of theories on the justification of legal decisions

    NARCIS (Netherlands)

    Feteris, E.T.

    2017-01-01

    This book is an updated and revised edition of Fundamentals of Legal Argumentation published in 1999. It discusses new developments that have taken place in the past 15 years in research of legal argumentation, legal justification and legal interpretation, as well as the implications of these new

  20. Critique of historical reason

    Directory of Open Access Journals (Sweden)

    David B. Richardson

    2009-03-01

    Full Text Available El enfoque aquí desarrollado presupone una nueva visión del mundo civilizado (Weltanschauungen. La idea del historiador de los hechos históricos presupone una visión global del mundo, a excepción de las sociedades que carecen de un lenguaje escrito. Por eso, la razón histórica discutida aquí se limita al tipo de historia que trata de civilizaciones más elevadas. El análisis de visiones del mundo aquí utilizado presupone que los símbolos son muy importantes y que pierden su poder simbólico si se cristalizan en un único sentido. Como en la teoría de Jung, un símbolo tiene la capacidad de estar activo en la mente como un transformador de la conciencia, libre de asociarse con nuevas experiencias y pensamientos. Esta teoría presta especial atención al problema de Dilthey: es decir, el problema de la calidad racional de los hechos históricos. Las visiones del mundo, que dan un significado profundo a muchos hechos históricos, se componen de símbolos y metáforas, incluyendo ideas, imágenes, valores y emociones. Estos tipos de visiones son casi todos instintivos. Es cierto que los historiadores pueden haber formulado, consciente definiciones de estos tipos de visiones del mundo así como ocurrió por las civilizaciones griega y china. Dado que la actual Weltbilt es mucho más compleja e inconsciente, se necesita algo más que una definición lógica para entenderla. Este artículo indica la forma en que puede ser alcanzada una comprensión racional de estas visiones del mundo._____________ABSTRACT:The approach here entertained presupposes a fresh theory of world pictures (Weltanschauungen of higher civilizations. For the historian's idea of historical facts presupposes a world picture, except for societies which lack a written language. That is why the historical reason discussed here is limited to the kind of history which deals with higher civilizations. The analysis of world pictures used here itself presupposes that symbols are

  1. Information processing systems, reasoning modules, and reasoning system design methods

    Science.gov (United States)

    Hohimer, Ryan E; Greitzer, Frank L; Hampton, Shawn D

    2014-03-04

    Information processing systems, reasoning modules, and reasoning system design methods are described. According to one aspect, an information processing system includes working memory comprising a semantic graph which comprises a plurality of abstractions, wherein the abstractions individually include an individual which is defined according to an ontology and a reasoning system comprising a plurality of reasoning modules which are configured to process different abstractions of the semantic graph, wherein a first of the reasoning modules is configured to process a plurality of abstractions which include individuals of a first classification type of the ontology and a second of the reasoning modules is configured to process a plurality of abstractions which include individuals of a second classification type of the ontology, wherein the first and second classification types are different.

  2. Information processing systems, reasoning modules, and reasoning system design methods

    Energy Technology Data Exchange (ETDEWEB)

    Hohimer, Ryan E.; Greitzer, Frank L.; Hampton, Shawn D.

    2016-08-23

    Information processing systems, reasoning modules, and reasoning system design methods are described. According to one aspect, an information processing system includes working memory comprising a semantic graph which comprises a plurality of abstractions, wherein the abstractions individually include an individual which is defined according to an ontology and a reasoning system comprising a plurality of reasoning modules which are configured to process different abstractions of the semantic graph, wherein a first of the reasoning modules is configured to process a plurality of abstractions which include individuals of a first classification type of the ontology and a second of the reasoning modules is configured to process a plurality of abstractions which include individuals of a second classification type of the ontology, wherein the first and second classification types are different.

  3. Information processing systems, reasoning modules, and reasoning system design methods

    Energy Technology Data Exchange (ETDEWEB)

    Hohimer, Ryan E.; Greitzer, Frank L.; Hampton, Shawn D.

    2015-08-18

    Information processing systems, reasoning modules, and reasoning system design methods are described. According to one aspect, an information processing system includes working memory comprising a semantic graph which comprises a plurality of abstractions, wherein the abstractions individually include an individual which is defined according to an ontology and a reasoning system comprising a plurality of reasoning modules which are configured to process different abstractions of the semantic graph, wherein a first of the reasoning modules is configured to process a plurality of abstractions which include individuals of a first classification type of the ontology and a second of the reasoning modules is configured to process a plurality of abstractions which include individuals of a second classification type of the ontology, wherein the first and second classification types are different.

  4. What is legal medicine--are legal and forensic medicine the same?

    Science.gov (United States)

    Beran, Roy G

    2010-04-01

    Some consider the terms "forensic" and "legal" medicine to be synonymous but this is counter to the title of the Faculty of Forensic and Legal Medicine or the dual strands for progression to fellowship of the Australian College of Legal Medicine. The paper examines a very brief historical background to legal medicine and develops a definition of the strands thereof, namely legal and forensic medicine. It demonstrates that the two are different components of the application of medical knowledge upon the legal system. Legal medicine has greater relevance to civil and tort law, impacting upon patient care, whereas forensic medicine relates to criminal law and damage to, or by, patients.

  5. LEGAL

    African Journals Online (AJOL)

    Manufacturers' Association (PMA) and most of its members took government to court. ... Since 2 May 2004, it has been unlawful to supply medicines. 'according ... This article focuses on some of the key issues that are of ... chain for some time.

  6. Emotional reasoning and parent-based reasoning in normal children.

    OpenAIRE

    Morren, M.; Muris, P.; Kindt, M.

    2004-01-01

    A previous study by Muris, Merckelbach, and Van Spauwen demonstrated that children display emotional reasoning irrepective of their anxiety levels. That is when estimating whether a situation is dangerous, childen not only rely on objective danger information but also on their own anciety-response. The present study further examined emotional reasoning in childeren aged 7-13 years (N=508). In addition, it was investigated whether children also show parent-based reasoning, which can be defined...

  7. Legal Regimes of Official Information in Ukraine

    Directory of Open Access Journals (Sweden)

    Serhii Yesimov

    2018-04-01

    Full Text Available In the article on the basis of the methodology of system analysis the legal nature and sources of legal regulation of the legal regime of official information in Ukraine in the conditions of adaptation of Ukrainian legislation to the legislation of the European Union are considered. A comparative legal analysis of official information in the public-law and private-law spheres in the context of legal regimes of restricted information, confidential information and information classified as state secrets has been conducted.

  8. Legal capacity and biomedicine: Biomedical discrimination

    Directory of Open Access Journals (Sweden)

    Cvetić Radenka

    2011-01-01

    Full Text Available The article begins with the overview of the legal capacity as a general legal qualification recognized by the legal order guaranteeing the right to be a holder of rights and obligations. The article is then focused on the scope of the absolute Constitutional guarantee of the right to legal personality as well as on the Constitutional prohibition of discrimination which gives rise to the general equality before the Constitution and the law. The focus of this article is the moment when the legal capacity, or legal personality, is considered to be acquired. It then moves to the issue whether limiting the access to techniques of assisted reproduction (biomedical conception is contrary to the general rules on legal capacity, and whether this is a genuine form of biomedical discrimination.

  9. The effects of reasons given for ineligibility on perceived gender discrimination and feelings of injustice.

    Science.gov (United States)

    Kappen, D M; Branscombe, N R

    2001-06-01

    We examine whether the reason given for a negative outcome influences the likelihood of making gender discrimination attributions. Men and women were given one of four reasons for their ineligibility to attend an event: an explicit gender reason, a reason based on an attribute correlated with gender, that same gender-related reason with explanatory information attached, or they were given no reason. Providing participants with a reason based on a gender-related attribute deflected them from making attributions to gender discrimination, indicating that discrimination attributions can easily be averted. Adding explanatory information to the gender-related reason decreased feelings of injustice, illegitimacy and anger while increasing acceptance of the outcome.

  10. e-Learning strategies in occupational legal medicine based on problem solving through "CASUS" system.

    Science.gov (United States)

    Martínez-Jarreta, B; Monsó, E; Gascón, S; Casalod, Y; Abecia, E; Kolb, S; Reichert, J; Radon, K

    2009-04-01

    The use of online teaching tools facilitate the incorporation of self-learning methods. With a view to encouraging convergence in teaching tools and methods in Occupational Legal Medicine, an initiative was set up within the classes of Legal and Forensic Medicine at Saragossa University, as part of the EU funded NetWoRM project, which has been led since 1999 by Ludwig-Maximilians-Universität in Munich (Germany). The interest of medical students in Occupational Legal Medicine has so far been low and in addition different aspects complicate the teaching of Occupational Legal Medicine at medical schools: One reason for the low interest is the limited availability of bedside teaching, one of the students' most favourite and effective way to learn. The reason for that is that most medical schools with occupational departments only have outpatient clinics. "Interesting" patients who be need for educational purposes are therefore only available for a limited part of the day. However, in order to recognize and prevent occupational disorders each medical student and physician needs profound clinical knowledge in Occupational Legal Medicine. This project has proven to be highly efficient in permitting the creation and validation of teaching tools which cover and improve the traditional training of the Occupational Legal Medicine programme imparted in the degree of Medicine.

  11. Tracing Young Children's Scientific Reasoning

    Science.gov (United States)

    Tytler, Russell; Peterson, Suzanne

    2003-08-01

    This paper explores the scientific reasoning of 14 children across their first two years of primary school. Children's view of experimentation, their approach to exploration, and their negotiation of competing knowledge claims, are interpreted in terms of categories of epistemological reasoning. Children's epistemological reasoning is distinguished from their ability to control variables. While individual children differ substantially, they show a relatively steady growth in their reasoning, with some contextual variation. A number of these children are reasoning at a level well in advance of curriculum expectations, and it is argued that current recommended practice in primary science needs to be rethought. The data is used to explore the relationship between reasoning and knowledge, and to argue that the generation and exploration of ideas must be the key driver of scientific activity in the primary school.

  12. THE PROBATION MEASURES – THE REASONS FOR THE REGULATION

    Directory of Open Access Journals (Sweden)

    Andrei-Dorin BĂNCILĂ

    2017-05-01

    Full Text Available For a proper understanding of the law institution, it is necessary to understand the reasons that gave rise to the its regulation. By reasons of regulations, we understand the social, economic, political, legal, moral justifications, but also of any other nature that established the legislation adoption represents a positive source of the institution in question. Trying to find reasons for the regulation is a useful step, even under stronger word, if the institution researched is relatively new in the normative context, character that can be easily subject to error, assigned to the probation measures into Romanian law. The utility of teh step is to know the circumstances that caused, encouraged or even imposed the settlement of the probation measures in our country, but also of the goals that the new institution will answer them.

  13. Reasons of conscience and termination of employment

    International Nuclear Information System (INIS)

    Anon.

    1990-01-01

    The plaintiff was head of a research team in a German subsidiary company of a British pharmaceutical company. The research team was to carry out tests with volounteers for medical acceptance of a newly developed agent against nausea (preliminary product name BRL 43694-5-HT receptor antagonist). The goal was to prove the agent's efficacy for prevention or treatment of acute radiation sickness due to radiotherapy, or in the event of a nuclear war. The plaintiff refused for reasons of conscience to take part in this work. As the firm could not give him other tasks to do, notice of routine dismissal was sent after several warnings, against which he brought an action in court. The Federal Labour Court's decision headnotes state among other reasons: If serious reasons of conscience (para. 315 I BGB) do not allow an employer to assign a particular job to an employee, the reason for dismissal lies with the personality of the employee, if the firm cannot offer any other job. The personal conscience of the employee may not restrict the employer's freedom to determine their activities and product range. The employee in this case is not able to perform his duty in accordance with para. 297 BGB. (orig./HP) [de

  14. Learning in Order to Reason

    OpenAIRE

    Roth, Dan

    1995-01-01

    Any theory aimed at understanding commonsense reasoning, the process that humans use to cope with the mundane but complex aspects of the world in evaluating everyday situations, should account for its flexibility, its adaptability, and the speed with which it is performed. In this thesis we analyze current theories of reasoning and argue that they do not satisfy those requirements. We then proceed to develop a new framework for the study of reasoning, in which a learning component has a princ...

  15. Logical Reasoning and Decision Making

    OpenAIRE

    Ong, D; Khaddaj, Souheil; Bashroush, Rabih

    2011-01-01

    Most intelligent systems have some form of \\ud decision making mechanisms built into their \\ud organisations. These normally include a logical \\ud reasoning element into their design. This paper reviews \\ud and compares the different logical reasoning strategies, \\ud and tries to address the accuracy and precision of \\ud decision making by formulating a tolerance to \\ud imprecision view which can be used in conjunction with \\ud the various reasoning strategies.

  16. Clinical reasoning and critical thinking.

    Science.gov (United States)

    da Silva Bastos Cerullo, Josinete Aparecida; de Almeida Lopes Monteiro da Cruz, Diná

    2010-01-01

    This study identifies and analyzes nursing literature on clinical reasoning and critical thinking. A bibliographical search was performed in LILACS, SCIELO, PUBMED and CINAHL databases, followed by selection of abstracts and the reading of full texts. Through the review we verified that clinical reasoning develops from scientific and professional knowledge, is permeated by ethical decisions and nurses values and also that there are different personal and institutional strategies that might improve the critical thinking and clinical reasoning of nurses. Further research and evaluation of educational programs on clinical reasoning that integrate psychosocial responses to physiological responses of people cared by nurses is needed.

  17. Public policy, rationality and reason

    Directory of Open Access Journals (Sweden)

    Rodolfo Canto Sáenz

    2015-07-01

    Full Text Available This work suggests the incorporation of practical reason in the design, implementation and evaluation of public policies, alongside instrumental rationality. It takes two proposals that today point in this direction: Rawls distinction between reasonable (practical reason and rational (instrumental reason and what this author calls the CI Procedure (categorical imperative procedure and Habermas model of deliberative democracy. The main conclusion is that the analysis of public policies can not be limited to rather narrow limits of science, but requires the contribution of political and moral philosophy.

  18. The Bald And Golden Eagle Protection Act, Species-Based Legal Protection And The Danger Of Misidentification

    Directory of Open Access Journals (Sweden)

    Johann C Knobel

    2015-12-01

    Full Text Available The Bald and Golden Eagle Protection Act of 1940 bestows legal protection on two North American eagle species in the United States of America. The Act was originally aimed at the legal protection of only one species: the Bald Eagle Haliaeetus leucocephalus, the national symbol of the USA. Later the Act was amended to extend protection also to the Golden Eagle Aquila chrysaetos. The Bald Eagle was an Endangered Species, but the Golden Eagle was not formally listed as Endangered nationwide in the USA. One of the reasons for extending legal protection to the Golden Eagle under the Act was to strengthen the legal protection of the Bald Eagle, because immature Bald Eagles were being misidentified as Golden Eagles and shot. Additional factors relating to Golden Eagle mortality also made legal protection of the Golden Eagle desirable. The danger that a rare and legally protected species can be misidentified and mistaken for a more common and unprotected species can therefore serve as a reason for bestowing legal protection on the more common species as well. Other factors may also indicate that legal protection of the more common species is desirable, making the case more compelling. If this line of reasoning is applied in respect of South African birds of prey, a strong case can be made in favour of extending legal protection under the national biodiversity legislation to more species than the small number of species currently enjoying such protection. Species that are listed as Vulnerable under South African national biodiversity legislation may be misidentified as species that are not subject to such protection. Additional factors are also present that make such an extension of legal protection desirable.

  19. Legal framework for food fortification

    DEFF Research Database (Denmark)

    Dijkhuizen, Marjoleine Amma; Wieringa, Frank Tammo; Soekarjo, Damayanti D

    2013-01-01

    Food fortification is a cost-effective, powerful, and sustainable strategy to combat micronutrient deficiency, with the potential to reach large sections of the population with minimal cost and effort. However, the implementation of food fortification on a systematic and large scale, for instance...... the potential success of food fortification strategies. The lessons from these experiences show that a mandatory approach to fortification, with costing, monitoring and enforcement, and social marketing clearly defined and well embedded in the legal framework and in the implementation structures, is the best...

  20. THE LEGAL CAPACITY TO TRADE

    OpenAIRE

    ADELIN UNGUREANU

    2014-01-01

    Trading is a part of our society. The man has been trading from ancient times so the amount of trades and transactions around the world is huge. In order for us to initiate, organize and deploy such trades we have to have certain rules which can help regulate the social and professional or legal aspect of trades. Therefore the sole trader capacity must be obtained and used in order for the contracts to be valid. The right and obligations that come with this capacity constitute activities t...

  1. Legal issues of tax rates

    OpenAIRE

    Sadílek, Jiří

    2010-01-01

    Tax rate problems The subject of the graduation thesis is legal problems of tax rate. The aim of this thesis is description and estimation of the flat tax rate and states, where is established. First of all I define the basic kinds of tax systems - the tax system with one tax rate, the progressive tax system and the flat tax system. Further I deal with the principles and elements of the flat tax rate as interpreted by American economists Robert E. Hall and Alvin Rabushka who are generally ack...

  2. Psychiatric diagnosis in legal settings

    Directory of Open Access Journals (Sweden)

    Alfred Allan

    2005-12-01

    Full Text Available When asked to give a diagnosis in legal settings practitioners should be mindful of the tentative nature of psychiatric diag- noses and that courts require that such a diagnosis must have scientific credibility. South African courts are not explicit about the test they will apply to determine whether a diagno- sis is scientifically credible, but some guidance can be found in United States case law. This paper examines these criteria with reference to the disorders included in the Diagnostic and Statistical Manual of Mental Disorders (DSM-IV-TR.

  3. Legal aspects of radiactive installations

    International Nuclear Information System (INIS)

    Malheiros, T.M.M.; Knoefell, T.M.J.

    1988-01-01

    The goal of this paper is to discuss the main legal aspects related to the application of ionizing radiation in the industry, medicine, agriculture, scientific activities to envisage from the in force legislation the competence and responsibility for the control of radiation facilities comprising regulation, licensing and inspection. Legislation does not embrace all the aspects related to radiation facilities regarding to the specific provisions on civil liability concerning damages caused by non nuclear radiological accidents. The law nr.6.453 is applied only to nuclear accident, as defined in its rules. (author) [pt

  4. THE LEGAL CAPACITY TO TRADE

    Directory of Open Access Journals (Sweden)

    ADELIN UNGUREANU

    2014-12-01

    Full Text Available Trading is a part of our society. The man has been trading from ancient times so the amount of trades and transactions around the world is huge. In order for us to initiate, organize and deploy such trades we have to have certain rules which can help regulate the social and professional or legal aspect of trades. Therefore the sole trader capacity must be obtained and used in order for the contracts to be valid. The right and obligations that come with this capacity constitute activities that can be reflected and analysed by obtaining and maintain the sole trader status.

  5. Medico legal investigations into sudden sniffing deaths linked with trichloroethylene.

    Science.gov (United States)

    Da Broi, Ugo; Colatutto, Antonio; Sala, Pierguido; Desinan, Lorenzo

    2015-08-01

    Sudden deaths attributed to sniffing trichloroethylene are caused by the abuse of this solvent which produces pleasant inebriating effects with rapid dissipation. In the event of repeated cycles of inhalation, a dangerous and uncontrolled systemic accumulation of trichloroethylene may occur, followed by central nervous system depression, coma and lethal cardiorespiratory arrest. Sometimes death occurs outside the hospital environment, without medical intervention or witnesses and without specific necroscopic signs. Medico legal investigations into sudden sniffing deaths associated with trichloroethylene demand careful analysis of the death scene and related circumstances, a detailed understanding of the deceased's medical history and background of substance abuse and an accurate evaluation of all autopsy and laboratory data, with close cooperation between the judiciary, coroners and toxicologists. Copyright © 2015 Elsevier Ltd and Faculty of Forensic and Legal Medicine. All rights reserved.

  6. Brazilian legal and bioethical approach about donation for research and patents of human body parts.

    Science.gov (United States)

    Fernandes, Márcia Santana; Silla, Lúcia; Goldim, José Roberto; Martins-Costa, Judith

    2017-07-01

    The aim of this paper is to explain why the Brazilian legal system does not accept commercialization or commodification of human body parts, including genes or cells. As a consequence, in Brazil, the donation of human body parts for research-including basic or translational-must be made altruistically. For the same reason, the Brazilian patent system cannot be applied to human parts, cells or genes. Here, we present a qualitative analysis of juridical, bioethical, and social reasoning related to the legal status of human body parts especially in biobanks, as well as a description of the Brazilian legal system for clarification. Our aim is to discuss the responsibility of researchers for making available the scientific information resulting from scientific research and biobank storage of human body parts and to ensure the free utilization of knowledge in human health research.

  7. Fusion events

    International Nuclear Information System (INIS)

    Aboufirassi, M; Angelique, J.C.; Bizard, G.; Bougault, R.; Brou, R.; Buta, A.; Colin, J.; Cussol, D.; Durand, D.; Genoux-Lubain, A.; Horn, D.; Kerambrun, A.; Laville, J.L.; Le Brun, C.; Lecolley, J.F.; Lefebvres, F.; Lopez, O.; Louvel, M.; Meslin, C.; Metivier, V.; Nakagawa, T.; Peter, J.; Popescu, R.; Regimbart, R.; Steckmeyer, J.C.; Tamain, B.; Vient, E.; Wieloch, A.; Yuasa-Nakagawa, K.

    1998-01-01

    The fusion reactions between low energy heavy ions have a very high cross section. First measurements at energies around 30-40 MeV/nucleon indicated no residue of either complete or incomplete fusion, thus demonstrating the disappearance of this process. This is explained as being due to the high amount o energies transferred to the nucleus, what leads to its total dislocation in light fragments and particles. Exclusive analyses have permitted to mark clearly the presence of fusion processes in heavy systems at energies above 30-40 MeV/nucleon. Among the complete events of the Kr + Au reaction at 60 MeV/nucleon the majority correspond to binary collisions. Nevertheless, for the most considerable energy losses, a class of events do occur for which the detected fragments appears to be emitted from a unique source. These events correspond to an incomplete projectile-target fusion followed by a multifragmentation. Such events were singled out also in the reaction Xe + Sn at 50 MeV/nucleon. For the events in which the energy dissipation was maximal it was possible to isolate an isotropic group of events showing all the characteristics of fusion nuclei. The fusion is said to be incomplete as pre-equilibrium Z = 1 and Z = 2 particles are emitted. The cross section is of the order of 25 mb. Similar conclusions were drown for the systems 36 Ar + 27 Al and 64 Zn + nat Ti. A cross section value of ∼ 20 mb was determined at 55 MeV/nucleon in the first case, while the measurement of evaporation light residues in the last system gave an upper limit of 20-30 mb for the cross section at 50 MeV/nucleon

  8. Ethical and legal challenges associated with disaster nursing.

    Science.gov (United States)

    Aliakbari, Fatemeh; Hammad, Karen; Bahrami, Masoud; Aein, Fereshteh

    2015-06-01

    In disaster situations, nurses may face new and unfamiliar ethical and legal challenges not common in their everyday practice. The aim of this study was to explore Iranian nurses' experience of disaster response and their perception of the competencies required by nurses in this environment. This article discusses the findings of a descriptive study conducted in Iran in 2012. This research was conducted in Iran in 2012. Participants included 35 nurses who had experience in healthcare delivery following a disaster event in the past 10 years, either in a hospital or out-of-hospital context. This research study was approved by the Ethics Committee of the Isfahan University of Medical Sciences. From this study, five themes emerged as areas that nurses require competence in to work effectively in the disaster setting. This article focusses on one theme, the ethical and legal issues that arise during disaster response. Within the theme of ethical and legal issues, two sub-themes emerged. (1) Professional ethics explores professional responsibility of nurses as well as sense of ethical obligation. (2) Adherence to law refers to nurses' familiarity with and observation of legal requirements. This article adds to a growing pool of literature which explores the role of nurses in disasters. The findings of this study emphasize the need for nurses working in the disaster setting to be aware of professional responsibilities and familiar with legal requirements and the challenges related to observing ethical responsibilities. In highlighting these issues, this article may provide a useful starting point for the development of an educational framework for preparing nurses and other health professionals to work in the disaster setting. © The Author(s) 2014.

  9. Heuristics Reasoning in Diagnostic Judgment.

    Science.gov (United States)

    O'Neill, Eileen S.

    1995-01-01

    Describes three heuristics--short-cut mental strategies that streamline information--relevant to diagnostic reasoning: accessibility, similarity, and anchoring and adjustment. Analyzes factors thought to influence heuristic reasoning and presents interventions to be tested for nursing practice and education. (JOW)

  10. Hurrah for the Reasonable Woman.

    Science.gov (United States)

    Leland, Dorothy

    1994-01-01

    Recent court cases on sexual harassment, and the outcomes, were reviewed in terms of how the court viewed a "reasonable" woman. Rulings in such cases can vary because of different interpretations of the "reasonable" concept. Also discusses how recent rulings will affect sexual harassment policymakers in the workplace and educational institutions.…

  11. Competent Reasoning with Rational Numbers.

    Science.gov (United States)

    Smith, John P. III

    1995-01-01

    Analyzed students' reasoning with fractions. Found that skilled students applied strategies specifically tailored to restricted classes of fractions and produced reliable solutions with a minimum of computation effort. Results suggest that competent reasoning depends on a knowledge base that includes numerically specific and invented strategies,…

  12. Moral Reasoning in Genetics Education

    Science.gov (United States)

    van der Zande, Paul; Brekelmans, Mieke; Vermunt, Jan D.; Waarlo, Arend Jan

    2009-01-01

    Recent neuropsychological research suggests that intuition and emotion play a role in our reasoning when we are confronted with moral dilemmas. Incorporating intuition and emotion into moral reflection is a rather new idea in the educational world, where rational reasoning is preferred. To develop a teaching and learning strategy to address this…

  13. Logic, reasoning, and verbal behavior

    OpenAIRE

    Terrell, Dudley J.; Johnston, J. M.

    1989-01-01

    This paper analyzes the traditional concepts of logic and reasoning from the perspective of radical behaviorism and in the terms of Skinner's treatment of verbal behavior. The topics covered in this analysis include the proposition, premises and conclusions, logicality and rules, and deductive and inductive reasoning.

  14. Cultural Differences in Justificatory Reasoning

    Science.gov (United States)

    Soong, Hannah; Lee, Richard; John, George

    2012-01-01

    Justificatory reasoning, the ability to justify one's beliefs and actions, is an important goal of education. We develop a scale to measure the three forms of justificatory reasoning--absolutism, relativism, and evaluativism--before validating the scale across two cultures and domains. The results show that the scale possessed validity and…

  15. Human reasoning and cognitive science

    NARCIS (Netherlands)

    Stenning, K.; van Lambalgen, M.

    2008-01-01

    In Human Reasoning and Cognitive Science, Keith Stenning and Michiel van Lambalgen—a cognitive scientist and a logician—argue for the indispensability of modern mathematical logic to the study of human reasoning. Logic and cognition were once closely connected, they write, but were "divorced" in the

  16. Archivists Killed for Political Reasons

    NARCIS (Netherlands)

    de Baets, Antoon

    2015-01-01

    This essay, Archivists Killed for Political Reasons, offers an overview of archivists who were killed for political reasons through the ages. After determining the criteria for inclusion, sixteen such political murders of archivists are briefly discussed. These cases were distributed over six

  17. Learning to reason from samples

    NARCIS (Netherlands)

    Ben-Zvi, Dani; Bakker, Arthur; Makar, Katie

    2015-01-01

    The goal of this article is to introduce the topic of learning to reason from samples, which is the focus of this special issue of Educational Studies in Mathematics on statistical reasoning. Samples are data sets, taken from some wider universe (e.g., a population or a process) using a particular

  18. Inductive Reasoning: A Training Approach

    Science.gov (United States)

    Klauer, Karl Josef; Phye, Gary D.

    2008-01-01

    Researchers have examined inductive reasoning to identify different cognitive processes when participants deal with inductive problems. This article presents a prescriptive theory of inductive reasoning that identifies cognitive processing using a procedural strategy for making comparisons. It is hypothesized that training in the use of the…

  19. From Inductive Reasoning to Proof

    Science.gov (United States)

    Yopp, David A.

    2009-01-01

    Mathematical proof is an expression of deductive reasoning (drawing conclusions from previous assertions). However, it is often inductive reasoning (conclusions drawn on the basis of examples) that helps learners form their deductive arguments, or proof. In addition, not all inductive arguments generate more formal arguments. This article draws a…

  20. Adversarial reasoning: challenges and approaches

    Science.gov (United States)

    Kott, Alexander; Ownby, Michael

    2005-05-01

    This paper defines adversarial reasoning as computational approaches to inferring and anticipating an enemy's perceptions, intents and actions. It argues that adversarial reasoning transcends the boundaries of game theory and must also leverage such disciplines as cognitive modeling, control theory, AI planning and others. To illustrate the challenges of applying adversarial reasoning to real-world problems, the paper explores the lessons learned in the CADET -- a battle planning system that focuses on brigade-level ground operations and involves adversarial reasoning. From this example of current capabilities, the paper proceeds to describe RAID -- a DARPA program that aims to build capabilities in adversarial reasoning, and how such capabilities would address practical requirements in Defense and other application areas.

  1. Notes on the legal status of non-EU foreign workers in Spain.

    OpenAIRE

    Margarita Tarabini-Castellani Aznar

    2016-01-01

    The object of this study is to analyze «grosso modo» the legal status of foreign workers from third countries, paying special attention to foreigners without a work permit. For reasons of space, I will only point out those issues which deserve greater attention and those which I have found of particular interest.

  2. Notes on the legal status of non-EU foreign workers in Spain.

    Directory of Open Access Journals (Sweden)

    Margarita Tarabini-Castellani Aznar

    2016-10-01

    Full Text Available The object of this study is to analyze «grosso modo» the legal status of foreign workers from third countries, paying special attention to foreigners without a work permit. For reasons of space, I will only point out those issues which deserve greater attention and those which I have found of particular interest.

  3. Medical negligence. An overview of legal theory and neurosurgical practice: duty of care.

    Science.gov (United States)

    Todd, Nicholas V

    2014-04-01

    A working knowledge of the legal principles of medical negligence is helpful to neurosurgeons. It helps them to act in a "reasonable, responsible and logical" manner, that is a practice that is consistent with the surgical practice of their peers. This article will review and explain the relevant medical law in relation to duty of care with illustrative neurosurgical cases.

  4. Seismic Activity: Public Alert and Warning: Legal Implications

    Science.gov (United States)

    Zocchetti, D.

    2007-12-01

    As science and technology evolve in ways that increase our ability to inform the public of potentially destructive seismic activity, there are significant legal issues for consideration. Even though countries and even states within the United States have differing legal tenets that could either change or at least re-shape the outcome of specific legal questions that this session will be pondering, there are fundamental legal principals that will permeate. It is often said that the law lags behind society and in particular its technological developments. No doubt in the area of warning the public of impending destructive forces of nature or society, the law will need to do some catching up. The law is probably adequately developed for at least some preliminary discussion of the key issues. No matter the legal scheme, if there is a failure or perceived failure in the system to warn people of a pending emergencies, albeit an earthquake, tsunami, or other predictable event, those who are harmed or believe they are harmed will seek relief under the law. Every day there are situations wherein the failure to warn or to adequately warn is key, such as with faulty or defective consumer products, escaped prisoners, and police high-speed vehicle chases. With alert and warning systems for disaster, however, we have a unique set of facts. Generally, the systems and their failures occur during emergencies or at least during situations under apparently exigent circumstances when the disaster's predictability is widely recognized as less than 100 percent. The law, in particular United States tort law, has been particularly lenient when people and organizations are operating during compressed timeframes and their actions are generally considered necessary to address circumstances relative to public safety. The legal system has been forgiving when the actor that failed or appeared to fail was government. The courts have liberally applied the principal of sovereign immunity to

  5. Investigating legal aspects of cyberbullying.

    Science.gov (United States)

    Paul, Simone; Smith, Peter K; Blumberg, Herbert H

    2012-11-01

    In the UK schools are required by law to protect students from bullying; the responsibility of teachers to govern such behaviour has been extended outside the school setting to include cyberbullying. In this investigation, cyberbullying in secondary education is explored from the student perspective using a qualitative method of enquiry. Reported awareness and understanding about the legal aspects of cyberbullying are investigated; consideration is given to legislation, cybercrime, children's rights, school sanctions and safeguarding responsibilities. A total of 197 male and female students aged between 11 and 14 years old participated. Despite the availability of information on guidelines and legislation at national, local, and school level, this does not appear to have reached ground level of the individual student. There is a considerable gap between what students should know and what they report to be aware of with regard to legal aspects of cyberbullying. To address concerns of keeping up with the pace of change in cyberbullying, a collaborative approach is required with young people and adults sharing expertise.

  6. Minors and Sexting: Legal Implications.

    Science.gov (United States)

    Lorang, Melissa R; McNiel, Dale E; Binder, Renée L

    2016-03-01

    Sexting is the sending or forwarding of sexually explicit photographs or videos of the sender or someone known to the sender via cell phone. It has become common practice among young people, as cell phones are being given to adolescents at ever younger ages. Youths often send messages without giving appropriate thought to the content of the images. In studies on the subject, rates of minors who have sent sexual images range from 4 to 25 percent, depending on the age of the youths surveyed, the content of the messages and other factors. Because transferring and viewing sexually explicit material when the subject is a minor can be considered child pornography, there can be serious legal consequences. Several states have enacted legislation to help differentiate between child pornography and sexting by minors. The trend reflected in statutes has been that minors involved in sexting without other exacerbating circumstances should be charged with a less serious offense. There is no clear national consensus on how sexting by minors is adjudicated, and therefore we compared several statutes. Case examples are used to illustrate the range of legal outcomes, from felony charges to no charges. Two sexting episodes that were followed by suicide are described. We also address the role of the forensic mental health professional. © 2016 American Academy of Psychiatry and the Law.

  7. BITCOIN - BETWEEN LEGAL AND INFORMAL

    Directory of Open Access Journals (Sweden)

    Loredana MAFTEI

    2014-09-01

    Full Text Available The proliferation of technology emphasized new forms of payment. During the last years, current literature highlighted the role of virtual currency, the channels of payment through digital coins and the importance of assimilation of such platforms. Bitcoin or BTC is known as a digital coin, issued for the first time in 2009 and based on a peer to peer system. The difference from other forms of payment is that BTC is not controlled by any institution or central authority. BTC transactions have grown rapidly, ”asking" for regulation measures or legal approval of governments. Although BTC has become very popular, the market is poor and unfortunately of no confidence. There is a lack of regulation which can determine a number of risks associated with criminal financing activities. However, the legal status of Bitcoin is present in many European countries like Belgium, Bulgaria, Denmark, Finland, Germany, Lithuania, Norway, Poland, Slovenia, Switzerland or Turkey. Also, this type of currency has experienced a rapid evolution among coffee shops and restaurants.

  8. INTERNATIONAL LEGAL FRAMEWORK FOR MEDIA

    Directory of Open Access Journals (Sweden)

    Nevenka Ronkova

    2016-04-01

    Full Text Available The analysis of the international legal framework for media in a real structural form is a challenge that needs to be scientifically proven because of the exceptional role of media in general and its constant and substantial impact on the democratic processes taking place in the world. If we analyze media through the eyes of history, we cannot ignore the impression of the exceptional importance of freedom of expression as the source and promoter of many substantive changes and valuable components in the overall functioning of social and political settings. In this regard, special attention is given to the impact of media on contemporary trends related to the EU integration process, the development of democracy and the rule of law. It particularly emphasizes the freedom of expression, respect for values and standards principles, human rights and freedoms. The purpose of this paper is to analyze the international legal framework for the media and to show the determination of the most important covenants which represent a source of media law containing rules for the creation and implementation of media freedom, the expressive quality of ideas and definitely and inevitably this paper stresses the power of the media.

  9. CHILD LABOR ABUSE: LEGAL ASPECTS

    Directory of Open Access Journals (Sweden)

    Darko Majhoshev

    2016-01-01

    Full Text Available The paper addresses the problem of child labor and ways of protection from child labor abuse. Child labor is a negative social phenomenon that is widespread throughout the world, and also in Republic of Macedonia. International and national institutions and organizations are making serious efforts to eradicate this negative phenomenon, through the adoption of numerous international legal instruments (conventions, recommendations, declarations, etc.. Child labor as a phenomenon refers to the employment of children in any work that deprives children of their childhood, interferes with their ability of education, and that is socially, mentally, physically, or morally dangerous and harmful. All international organizations define this practice as exploitative and destructive to the development of the whole society. With international legal instruments of the UN, ILO, Council of Europe and the EU child labor is strictly prohibited. There are some important differences which exist between the many kinds of work that is done by children. Some of them are demanding and difficult, others are hazardous and morally reprehensible. Children are doing a very wide range of activities and tasks when they work.

  10. Mediation Game When the Conflict Can Be Fun to Learn--A Legal Skill Learning Tool: The Integration of Knowledge Management, Learning Theory and Serious Game Concept

    Science.gov (United States)

    Luengvilai, Chainarong; Yodmongkol, Pitipong

    2016-01-01

    Legal justice in Thailand has been shifted to restorative justice for reasons. But Thai law schools have not been changed to promote lawyering skill learning opportunities due to various obstacles and limitations caused by existing legal educational policies, law curriculum's structure, knowledgeable instructors, and learners' characteristics. As…

  11. Marketing legal services on the Internet

    Directory of Open Access Journals (Sweden)

    Alicja Mikołajczyk

    2014-09-01

    Full Text Available This article describes accessible means of marketing legal services under restrictive regulations in the Polish market. As attorneys-at-law and legal advisers face significant legal and ethical limitations in their market communication, they are forced to seek alternative tools of promoting their services and reaching potential clients. Electronic media turned out to be an effective and convenient channel in marketing legal services, often prevailing offline marketing communication. The article presents legal restrictions in the market, with emphasis to fundamental barriers that prevent implementation of traditional marketing tools and techniques broadly available in market communication. The second part presents selected tools of online marketing applicable in promotion of legal services, examplified with their use in practice.

  12. Personal Dignity in the European Legal Culture

    Directory of Open Access Journals (Sweden)

    Lyudmila V. Butko

    2017-09-01

    Full Text Available The article presents the genesis of the origins of forming the legal mechanisms to protect the personal dignity in the European legal culture. It is noted that the legal content of dignity is predetermined by the moral aspect of consideration. In addition, the definition of "dignity" was transformed under the influence of the development of legal norms, doctrine and practice of protecting a person's rights and freedoms, the foundations of civil society and legal awareness. The chronological period of research was limited to the XIII-XIX centuries, within which the authors, using a comparative legal method, defined the directions of conceptualization and formalization of the personal dignity by scientists and legislation in the European countries. As a conclusion, it is shown that the observance of the right to personal dignity by the state will not only promote the exaltation of human dignity, but also simultaneously initiate the expansion of public law compensated by increasing the subjective rights.

  13. Meta-Reasoning: Monitoring and Control of Thinking and Reasoning.

    Science.gov (United States)

    Ackerman, Rakefet; Thompson, Valerie A

    2017-08-01

    Meta-Reasoning refers to the processes that monitor the progress of our reasoning and problem-solving activities and regulate the time and effort devoted to them. Monitoring processes are usually experienced as feelings of certainty or uncertainty about how well a process has, or will, unfold. These feelings are based on heuristic cues, which are not necessarily reliable. Nevertheless, we rely on these feelings of (un)certainty to regulate our mental effort. Most metacognitive research has focused on memorization and knowledge retrieval, with little attention paid to more complex processes, such as reasoning and problem solving. In that context, we recently developed a Meta-Reasoning framework, used here to review existing findings, consider their consequences, and frame questions for future research. Copyright © 2017 Elsevier Ltd. All rights reserved.

  14. The Impact of Legalized Abortion on Crime

    OpenAIRE

    John Donohue; Steven Levitt

    2000-01-01

    We offer evidence that legalized abortion has contributed significantly to recent crime reductions. Crime began to fall roughly 18 years after abortion legalization. The 5 states that allowed abortion in 1970 experienced declines earlier than the rest of the nation, which legalized in 1973 with Roe v. Wade. States with high abortion rates in the 1970s and 1980s experienced greater crime reductions in the 1990s. In high abortion states, only arrests of those born after abortion legaliz...

  15. Telemedicine: licensing and other legal issues.

    Science.gov (United States)

    Siegal, Gil

    2011-12-01

    The growth of information technology and telecommunications has created promising opportunities for better, faster, more accessible, barrier-free health care; telemedicine (TM). The feasibility of many TM projects depends on resolving legal issues. Mastering technical issues or providing training remain important benchmarks for implementation of TM, but legal issues constrain progress. This article identifies the key legal issues, maps current legislation, and offers a forecast of necessary steps to expedite the dissemination of TM. Copyright © 2011 Elsevier Inc. All rights reserved.

  16. Does Legalized Prostitution Increase Human Trafficking?

    OpenAIRE

    Seo-Young Cho; Axel Dreher; Eric Neumayer

    2011-01-01

    This paper investigates the impact of legalized prostitution on human trafficking inflows. According to economic theory, there are two opposing effects of unknown magnitude. The scale effect of legalized prostitution leads to an expansion of the prostitution market, increasing human trafficking, while the substitution effect reduces demand for trafficked women as legal prostitutes are favored over trafficked ones. Our empirical analysis for a cross-section of up to 150 countries shows that th...

  17. The Legality and Validity of Administrative Enforcement

    Directory of Open Access Journals (Sweden)

    Sergei V. Iarkovoi

    2018-01-01

    Full Text Available The article discusses the concept and content of the validity of adopted by the executive authorities and other bodies of public administration legal acts and committed by them legal actions as an important characteristic of law enforcement by these bodies. The Author concludes that the validity of the administrative law enforcement is not an independent requirement for it, and acts as an integral part of its legal requirements.

  18. Visions of the Future of (Legal) Education

    OpenAIRE

    Madison, Michael

    2017-01-01

    One law professor takes a stab at imagining an ideal law school of the future and describing how to get there. The Essay spells out a specific possible vision, taking into account changes to the demand for legal services and changes to the economics and composition of the legal profession. That thought experiment leads to a series of observations about values and vision in legal education in general and about what it might take to move any vision forward.

  19. Legal regulation of treatment of wild animals

    OpenAIRE

    Kolečkářová, Eliška

    2014-01-01

    The diploma thesis deals with the legal regulation of the treatment with wild animals. It compares different terms used in legal regulation of protection of animals. It specified differences between concept of an animal in private law and public law. The diploma thesis is focused on possibilities of gaining ownership to the wild animals, proving origin of animals bred in human care. It concerns with legal regulation of treatment with handicap animals. The diploma thesis analyzes preparation a...

  20. Crime and the Legalization of Recreational Marijuana

    OpenAIRE

    Dragone, Davide; Prarolo, Giovanni; Vanin, Paolo; Zanella, Giulio

    2017-01-01

    We provide first-pass evidence that the legalization of the cannabis market across US states may be inducing a crime drop. Exploiting the recent staggered legalization enacted by the adjacent states of Washington (end of 2012) and Oregon (end of 2014) we find, combining county-level difference-in-differences and spatial regression discontinuity designs, that the legalization of recreational marijuana caused a significant reduction of rapes and thefts on the Washington side of the border in 20...

  1. Medico-legal claims against English radiologists: 1995–2006

    Science.gov (United States)

    Halpin, S F S

    2009-01-01

    A list of claims against radiologists from 1995–2006 was obtained from the NHS Litigation Authority. It shows a total of 440 claims. The largest number of claims (199) related to delayed or missed diagnoses of cancer, and 73 claims related to breast radiology. There is a trend for a mild increase in the number of claims each year. 30 claims were made after a false-positive diagnosis of cancer. Just under £8.5 million has so far been paid in damages, with a further £5 million in legal fees. A claim for multiple missed diagnoses of breast cancer led to a pay-out of £464 000 (£673 000 after legal fees); the largest sum awarded following a delay in the diagnosis of an individual cancer was £300 000. The subtle legal distinction between error and negligence is reviewed here. The reason why breast radiologists are more likely to be sued than any other type of British radiologist is also discussed, along with the implications for UK radiological practice, particularly in light of the recent Chief Medical Officer's report on revalidation. A method is proposed that may protect radiologists from allegations of clinical negligence in the future. PMID:19470570

  2. Medico-legal claims against English radiologists: 1995-2006.

    Science.gov (United States)

    Halpin, S F S

    2009-12-01

    A list of claims against radiologists from 1995-2006 was obtained from the NHS Litigation Authority. It shows a total of 440 claims. The largest number of claims (199) related to delayed or missed diagnoses of cancer, and 73 claims related to breast radiology. There is a trend for a mild increase in the number of claims each year. 30 claims were made after a false-positive diagnosis of cancer. Just under pound8.5 million has so far been paid in damages, with a further pound5 million in legal fees. A claim for multiple missed diagnoses of breast cancer led to a pay-out of pound464 000 ( pound673 000 after legal fees); the largest sum awarded following a delay in the diagnosis of an individual cancer was pound300 000. The subtle legal distinction between error and negligence is reviewed here. The reason why breast radiologists are more likely to be sued than any other type of British radiologist is also discussed, along with the implications for UK radiological practice, particularly in light of the recent Chief Medical Officer's report on revalidation. A method is proposed that may protect radiologists from allegations of clinical negligence in the future.

  3. Medicolegal Review: Essure Lawsuits and Legal Strategies Adverse to Gynecologists.

    Science.gov (United States)

    Klimczak, Amber M; Snyder, Russell R; Borahay, Mostafa A; Phelps, John Y

    The minimally invasive Essure procedure for hysteroscopic sterilization is an ongoing target for litigation. Although efficacious, this device has been scrutinized by the US Food and Drug Administration (FDA) owing to alleged complications. Patients affected by these potential complications are filing lawsuits against Bayer, the manufacturer of Essure. Many of these lawsuits have been barred by preemption, a legal doctrine that limits what can be required of a product by state lawsuits once the FDA approves it; however, in the lawsuits that have been allowed to proceed, the manufacturer has used a legal strategy termed the "learned intermediary doctrine" in an effort to shift blame to the gynecologist to absolve itself of liability. The learned intermediary only requires that a manufacturer inform the gynecologist of the risks associated with the device, and the gynecologist, in turn, must notify the patients through adequate informed consent. To incorporate the necessary components of informed consent, a gynecologist should include what a reasonable practitioner would consider pertinent to the discussion, as well as what a prudent patient would want to know to make a treatment decision. This disclosure entails explaining the risks, benefits, and alternatives, which should be clearly documented in the medical records. Understanding the importance of proper documentation and the legal strategies used in suits will help gynecologists lessen liability exposure when using a medical device, such as Essure, that is being targeted for litigation. Copyright © 2017 AAGL. Published by Elsevier Inc. All rights reserved.

  4. To Reason or Not to Reason: Is Autobiographical Reasoning Always Beneficial?

    Science.gov (United States)

    McLean, Kate C.; Mansfield, Cade D.

    2011-01-01

    Autobiographical reasoning has been found to be a critical process in identity development; however, the authors suggest that existing research shows that such reasoning may not always be critical to another important outcome: well-being. The authors describe characteristics of people such as personality and age, contexts such as conversations,…

  5. The Legal Basis Which Will (Probably) Never Be Used

    DEFF Research Database (Denmark)

    Ølykke, Grith Skovgaard

    2011-01-01

    for the rejection of tenders tainted by illegal State aid in the Public Procurement Directive is never going to be used by contracting authorities for economic reasons, political reasons and due to significant legal uncertainty with regard to its application; and, secondly, if the provision were to be used......This article analyses the provision in the Public Procurement Directive providing for the possibility to reject tenders as “abnormally low” when the tender is tainted by illegal State aid. Due to developments in public procurement case law and generally in the Member States, where liberalisation...... leads to situations where public tenderers tender in competition with private tenderers, there is an obvious need to control the use of illegal State aid to secure public contracts, to ensure that competition is not distorted. Two propositions are made: firstly, the current provision allowing...

  6. Civil legal responsibility for environmental pollution

    Directory of Open Access Journals (Sweden)

    Pajtić Bojan L.

    2015-01-01

    Full Text Available Serbia's EU accession process has actualised the need to harmonise our legislation with the common legal regulations of the European community of nations. The accelerated economic growth produces environmental challenges associated with harmful emissions. This paper gives an account of international declarations, conventions, directives and other state and civil society instruments of legal protection against the environmental damage. A special focus is placed on our positive legislation and enforcement of legal regulations in ensuring the civil legal responsibility, i.e. prevention of the occurrence of damage and indemnification for the damage caused.

  7. LEGAL DRAFTING IN CROATIA - CASE STUDY

    Directory of Open Access Journals (Sweden)

    Dario Đerđa

    2017-01-01

    Full Text Available This paper highlights the importance of legal drafting and its essential elements, which has not drawn a lot of attention in the Republic of Croatia so far. The paper emphasises the importance of proportionality in the simplicity and legal distinctness of a legal text in the process of drafting for the purpose of its clarity. The paper also presents objective requirements necessary for quality legal drafting, as well as subjective qualities of the drafters. With the purpose of drawing attention to imperfections in the legal drafting in Croatia, some defi ciencies are presented in the process of drafting and amending of the Utility Services Act. The process of drafting and amending of this Act is a good example of the way how legal drafting should not be done. It contains a lot of defi ciencies and failures that are the result of legal drafting mistakes. At the end, authors expect that the adoption of the Uniform methodology and nomotechnical rules for the drafting of acts enacted by Parliament should contribute to the higher quality of legal texts and to their full adjustment to the general requirements of legal certainty and rule of law.

  8. LEGAL CONSEQUENCES OF MERGERS AND ACQUISITIONS

    Directory of Open Access Journals (Sweden)

    Amelia-Raluca ONIŞOR

    2016-05-01

    Full Text Available The research analyses the legal effects of mergers and acquisitions from the Romanian Company Law perspective, underlining certain general principles, the procedure of annulment of such a legal transformation of companies and the protection of the employees of companies participating in the merger according to the Law no. 67/2006. These consequences of mergers and acquisions are to be seen in the broader light of the most important purpose of this legal instrument, maximizing financial and organizational efficiencies, thus legal certainty is a desirable goal to be assumed by any merger regulation.

  9. Medico-legal autopsies in Denmark

    DEFF Research Database (Denmark)

    Larsen, Sara Tangmose; Lynnerup, Niels

    2011-01-01

    At 2.7% in 1970, the Danish medico-legal autopsy frequency was lower than recent frequencies observed in the Nordic countries (4-24%). The aim of this study was to analyse trends in the number and frequency of Danish medico-legal autopsies.......At 2.7% in 1970, the Danish medico-legal autopsy frequency was lower than recent frequencies observed in the Nordic countries (4-24%). The aim of this study was to analyse trends in the number and frequency of Danish medico-legal autopsies....

  10. Approximate reasoning in physical systems

    International Nuclear Information System (INIS)

    Mutihac, R.

    1991-01-01

    The theory of fuzzy sets provides excellent ground to deal with fuzzy observations (uncertain or imprecise signals, wavelengths, temperatures,etc.) fuzzy functions (spectra and depth profiles) and fuzzy logic and approximate reasoning. First, the basic ideas of fuzzy set theory are briefly presented. Secondly, stress is put on application of simple fuzzy set operations for matching candidate reference spectra of a spectral library to an unknown sample spectrum (e.g. IR spectroscopy). Thirdly, approximate reasoning is applied to infer an unknown property from information available in a database (e.g. crystal systems). Finally, multi-dimensional fuzzy reasoning techniques are suggested. (Author)

  11. Environmental, legal and managerial aspects

    International Nuclear Information System (INIS)

    1978-09-01

    This U.S. contribution to the syllabus for Subgroup 5C treats with environmental and ecological aspects specific to fast breeder reactors, physical protection and safeguarding of the FBR cycle, fuel cycle centers (site selection problems for different degrees of collocation) and administrative and legal problems. Decommissioning of an FBR power plant, syllabus item C.1.7, is treated in separate contribution, more information on advanced safeguards for the fast breeder fyel cycle is contained in the contribution, USA WG 5C-tbd. A key conclusion of this is that with safeguards planning initiated early in the development of the FBR fuel cycle, time is available to develop, evaluate, and implement improved safeguards techniques and incorporate them into the design phase of all FBR cycle facilities

  12. Medical Marijuana and Marijuana Legalization.

    Science.gov (United States)

    Pacula, Rosalie Liccardo; Smart, Rosanna

    2017-05-08

    State-level marijuana liberalization policies have been evolving for the past five decades, and yet the overall scientific evidence of the impact of these policies is widely believed to be inconclusive. In this review we summarize some of the key limitations of the studies evaluating the effects of decriminalization and medical marijuana laws on marijuana use, highlighting their inconsistencies in terms of the heterogeneity of policies, the timing of the evaluations, and the measures of use being considered. We suggest that the heterogeneity in the responsiveness of different populations to particular laws is important for interpreting the mixed findings from the literature, and we highlight the limitations of the existing literature in providing clear insights into the probable effects of marijuana legalization.

  13. Crimean Referendum: International Legal Aspects

    Directory of Open Access Journals (Sweden)

    Michael Geistlinger

    2014-12-01

    Full Text Available The article examines the key aspects of the accession of the Republic of Crimea to the Russian Federation as the example of enforcement of the people’s right to self-determination, secured in UN Charter. International law basis of the accession, as well analysis of key reasons and consequences of this international precedent are under consideration.

  14. Artificial intelligence: Deep neural reasoning

    Science.gov (United States)

    Jaeger, Herbert

    2016-10-01

    The human brain can solve highly abstract reasoning problems using a neural network that is entirely physical. The underlying mechanisms are only partially understood, but an artificial network provides valuable insight. See Article p.471

  15. Legal regime of the Bering Strait and security of navigation

    Directory of Open Access Journals (Sweden)

    Aleksandr S. Skaridov

    2016-12-01

    Full Text Available Objective to establish the legal regime and security of navigation in the Bering Strait. Methods formal logical method systemic method comparative legal method statistical method. Results in the recent years specialized publications contain numerous publications on the problems of development of Arctic shipping and the future intensification of the use of the Northern Sea Route. Whatever Arctic routes may be chosen by the skippers the vessels will have to overcome the narrowness of the Bering Strait. If the existing estimates are reasonable and the navigation of the NorthWest Sea Passage will increase it is appropriate to ask whether the legal regime and security means are adapted to the possible increase of commercial shipping and military navigation. In this respect the author formulates the legal measures aimed at ensuring security in the Bering Strait area with the account of growing cargo traffic. Scientific novelty for the first time the article proves the necessity to include into the Bering Strait area the territories bounded from the north by the east and west passages formed by the Diomede Islands and continental coasts of the Russian Federation and the United States and from the south ndash by the passages between the Cape of Chukotka and Cape Sevuokuk of St. Lawrence Island Cape Sivuka and the mainland of Alaska in order to protect the sea natural landscape and to ensure the maritime safety. The opinion is substantiated about the necessity to equip the marine passages forming the waters of the Bering Strait with a security system. The proposed legal regime of ensuring the safety of navigation in the Bering Strait which includes the common navigation rules establishing the areas of the vessel traffic separation designation of areas of marine reserves and organizationallegal means for damping the dangerous situations. Practical significance the findings and conclusions of the article can be used in scientific educational and law

  16. Logic, Probability, and Human Reasoning

    Science.gov (United States)

    2015-01-01

    accordingly suggest a way to integrate probability and deduction. The nature of deductive reasoning To be rational is to be able to make deductions...3–6] and they underlie mathematics, science, and tech- nology [7–10]. Plato claimed that emotions upset reason- ing. However, individuals in the grip...fundamental to human rationality . So, if counterexamples to its principal predictions occur, the theory will at least explain its own refutation

  17. Fuzzy reasoning on Horn Set

    International Nuclear Information System (INIS)

    Liu, X.; Fang, K.

    1986-01-01

    A theoretical study in fuzzy reasoning on Horn Set is presented in this paper. The authors first introduce the concepts of λ-Horn Set of clauses and λ-Input Half Lock deduction. They then use the λ-resolution method to discuss fuzzy reasoning on λ-Horn set of clauses. It is proved that the proposed λ-Input Half Lock resolution method is complete with the rules in certain format

  18. Improving practical reasoning and argumentation

    OpenAIRE

    Baumtrog, Michael David

    2015-01-01

    This thesis justifies the need for and develops a new integrated model of practical reasoning and argumentation. After framing the work in terms of what is reasonable rather than what is rational (chapter 1), I apply the model for practical argumentation analysis and evaluation provided by Fairclough and Fairclough (2012) to a paradigm case of unreasonable individual practical argumentation provided by mass murderer Anders Behring Breivik (chapter 2). The application shows that by following t...

  19. A critique of cannabis legalization proposals in Canada.

    Science.gov (United States)

    Kalant, Harold

    2016-08-01

    An editorial in this issue describes a cannabis policy framework document issued by a major Canadian research centre, calling for legalization of non-medical use under strict controls to prevent increase in use, especially by adolescents and young adults who are most vulnerable to adverse effects of cannabis. It claims that such a system would eliminate the severe personal, social and monetary costs of prohibition, diminish the illicit market, and provide more humane management of cannabis use disorders. It claims that experience with regulation of alcohol and tobacco will enable a system based on public health principles to control access of youth to cannabis without the harm caused by prohibition. The present critique argues that the claims made against decriminalization and for legalization are unsupported, or even contradicted, by solid evidence. Early experience in other jurisdictions suggests that legalization increases use by adolescents and its attendant harms. Regulation of alcohol use does not provide a good model for cannabis controls because there is widespread alcohol use and harm among adolescents and young adults. Government monopolies of alcohol sale have been used primarily as sources of revenue rather than for guarding public health, and no reason has been offered to believe they would act differently with respect to cannabis. Good policy decisions require extensive unbiased information about the individual and social benefits and costs of both drug use and proposed control measures, and value judgments about the benefit/harm balance of each option. Important parts of the necessary knowledge about cannabis are not yet available, so that the value judgments are not yet possible. Therefore, a better case can be made for eliminating some of the harms of prohibition by decriminalization of cannabis possession and deferring decision about legalization until the necessary knowledge has been acquired. Copyright © 2016 Elsevier B.V. All rights reserved.

  20. [Historic, cultural, legal, psychosocial and educational aspects of induced abortion].

    Science.gov (United States)

    Aguirre Zozaya, F; Iglesias, M; Reyes, R M; Iturralde, G; Martínez, M; Pineda Hernández, C

    1980-08-01

    The history of abortion is a very long one. Every people and nation used different and widely varied methods during the centuries to get rid of unwanted pregnancies. Unfortunately, in most instances, the great majority of these methods was equivalent to zero effectiveness, or, too often, to suicide. Legal aspects of induced abortion have changed considerably with the passing of time and according to countries; these days 36% of the world countries admit abortion on request, 24% for specific reasons only, 16% for medical reasons only, and 8% still consider it an illegal practice. In Mexico abortion is legal only when pregnancy would imply death of the mother, when it is the result of rape of minors, or when it is done on women with very serious mental pathology. Obviously abortion is not the solution to unwanted pregnancies; an improvement in the socioeconomic condition and in the quality of life of many people would be a much better, and more difficult, approach to the solution. Psychosocial factors of abortion involve concepts which are difficult to define, such as those of the wanted or of the unwanted child, and can cause problems which are very difficult to handle. Health education, and sex education in particular, should not only teach the fundamentals of reproduction, but respect and consideration for the phenomenon of procreation, and a strong sense of personal and social responsibility toward family planning.

  1. Conditional Reasoning in Schizophrenic Patients.

    Science.gov (United States)

    Kornreich, Charles; Delle-Vigne, Dyna; Brevers, Damien; Tecco, Juan; Campanella, Salvatore; Noël, Xavier; Verbanck, Paul; Ermer, Elsa

    2017-01-01

    Conditional reasoning (if p then q) is used very frequently in everyday situations. Conditional reasoning is impaired in brain-lesion patients, psychopathy, alcoholism, and polydrug dependence. Many neurocognitive deficits have also been described in schizophrenia. We assessed conditional reasoning in 25 patients with schizophrenia, 25 depressive patients, and 25 controls, using the Wason selection task in three different domains: social contracts, precautionary rules, and descriptive rules. Control measures included depression, anxiety, and severity of schizophrenia measures as a Verbal Intelligence Scale. Patients with schizophrenia were significantly impaired on all conditional reasoning tasks compared to depressives and controls. However, the social contract and precautions tasks yielded better results than the descriptive tasks. Differences between groups disappeared for social contract but remained for precautions and descriptive tasks when verbal intelligence was used as a covariate. These results suggest that domain-specific reasoning mechanisms, proposed by evolutionary psychologists, are relatively resilient in the face of brain network disruptions that impair more general reasoning abilities. Nevertheless, patients with schizophrenia could encounter difficulties understanding precaution rules and social contracts in real-life situations resulting in unwise risk-taking and misunderstandings in the social world.

  2. Defining Legal Writing: An Empirical Analysis of the Legal Memorandum. LSAC Research Report Series.

    Science.gov (United States)

    Breland, Hunter M.; Hart, Frederick M.

    This study examined legal writing as it was represented in legal memoranda prepared by first-semester law students at 12 different law schools. The study was based on the cumulative judgments of the instructors and professors of law in those institutions, humanities specialists at the Educational Testing Service, and two legal consultants. A…

  3. Autobiographical reasoning: arguing and narrating from a biographical perspective.

    Science.gov (United States)

    Habermas, Tilmann

    2011-01-01

    Autobiographical reasoning is the activity of creating relations between different parts of one's past, present, and future life and one's personality and development. It embeds personal memories in a culturally, temporally, causally, and thematically coherent life story. Prototypical autobiographical arguments are presented. Culture and socializing interactions shape the development of autobiographical reasoning especially in late childhood and adolescence. Situated at the intersection of cognitive and narrative development and autobiographical memory, autobiographical reasoning contributes to the development of personality and identity, is instrumental in efforts to cope with life events, and helps to create a shared history. Copyright © 2011 Wiley Periodicals, Inc., A Wiley Company.

  4. Ibn Ḥazm on Homosexuality. A case-study of Ẓāhirī legal Methodology

    OpenAIRE

    Adang, Camilla

    2003-01-01

    This article discusses the views of the teologian and legal scholar Ibn Ḥazm of Cordoba (d. 456/1064) on homosexuality. Although reference is made to his literary work Ṭawq al-ḥamāma, which is rich in anecdotes on homoerotic attraction, the article focuses on Ibn Ḥazm's multivolume legal tract Kitāb al-Muḥallā, a work written from a Ẓāhirī, or literalist perspective. A step-by-step analysis of Ibn Hazm's legal reasoning on homosexuality, both male (

  5. Legal Information Sources: An Annotated Bibliography.

    Science.gov (United States)

    Conner, Ronald C.

    This 25-page annotated bibliography describes the legal reference materials in the special collection of a medium-sized public library. Sources are listed in 12 categories: cases, dictionaries, directories, encyclopedias, forms, references for the lay person, general, indexes, laws and legislation, legal research aids, periodicals, and specialized…

  6. Adjustment of legally binding local plans

    DEFF Research Database (Denmark)

    Hvingel, Line Træholt; Aunsborg, Christian; Christensen, Finn Kjær

    2012-01-01

    Traditionally, and by law, new urban areas in Denmark are regulated and planned through legally binding local plans. Recently a tendency has occurred: The municipalities make the legally binding local plans quite open for future adjustment, and they are using a substantial amount of ‘empowerment ...... the considerations of legal rights, the extend of the legal use of empowerment provisions and the combination of the use of legal binding local plans and other legal instruments such as easements and sales agreements.......Traditionally, and by law, new urban areas in Denmark are regulated and planned through legally binding local plans. Recently a tendency has occurred: The municipalities make the legally binding local plans quite open for future adjustment, and they are using a substantial amount of ‘empowerment...... provisions’ which empower the municipalities to later ruling. This way of making plans postpones the actual regulation of an area (i.e. the planning permission) making it an individual ruling for instance at the application of building permits. Case studies show examples of this way of regulating an area...

  7. Introducing legal method when teaching stakeholder theory

    DEFF Research Database (Denmark)

    Buhmann, Karin

    2015-01-01

    : the Business & Human Rights regime from a UN Global Compact perspective; and mandatory CSR reporting. Supplying integrated teaching notes and generalising on the examples, we explain how legal method may help students of business ethics, organisation and management – future managers – in their analysis...... to the business ethics literature by explaining how legal method complements stakeholder theory for organisational practice....

  8. 31 CFR 3.3 - Legal review.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Legal review. 3.3 Section 3.3 Money and Finance: Treasury Office of the Secretary of the Treasury CLAIMS REGULATIONS AND INDEMNIFICATION OF DEPARTMENT OF TREASURY EMPLOYEES Claims Under the Federal Tort Claims Act § 3.3 Legal review. Any...

  9. 31 CFR 3.22 - Legal review.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Legal review. 3.22 Section 3.22 Money and Finance: Treasury Office of the Secretary of the Treasury CLAIMS REGULATIONS AND INDEMNIFICATION OF DEPARTMENT OF TREASURY EMPLOYEES Claims Under the Small Claims Act § 3.22 Legal review. Claims...

  10. Abortion Legalization and Life-Cycle Fertility

    Science.gov (United States)

    Ananat, Elizabeth Oltmans; Gruber, Jonathan; Levine, Phillip

    2007-01-01

    The early-1970s abortion legalization led to a significant drop in fertility. We investigate whether this decline represented a delay in births or a permanent reduction in fertility. We combine Census and Vital Statistics data to compare the lifetime fertility of women born in early-legalizing states, whose peak childbearing years occurred in the…

  11. Cannabis use and support for cannabis legalization

    NARCIS (Netherlands)

    Palali, Ali; van Ours, Jan

    2017-01-01

    We investigate the determinants of the support for cannabis legalization finding a causal effect of personal experience with cannabis use. Current and past cannabis users are more in favor of legalization. We relate this finding to self-interest and inside information about potential dangers of

  12. European New Legal Realism and International Law:

    DEFF Research Database (Denmark)

    Holtermann, Jakob v. H.; Madsen, Mikael Rask

    2015-01-01

    complex analysis which takes legal validity seriously but as a genuinely empirical object of study. This article constructs this position by identifying a distinctively European realist path which takes as its primary inspirations Weberian sociology of law and Alf Ross’ Scandinavian Legal Realism...

  13. 16 CFR 600.2 - Legal effect.

    Science.gov (United States)

    2010-01-01

    ... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Legal effect. 600.2 Section 600.2 Commercial... INTERPRETATIONS § 600.2 Legal effect. (a) The interpretations in the Commentary are not trade regulation rules or regulations, and, as provided in § 1.73 of the Commission's rules, they do not have the force or effect of...

  14. 16 CFR 698.2 - Legal effect.

    Science.gov (United States)

    2010-01-01

    ... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Legal effect. 698.2 Section 698.2 Commercial Practices FEDERAL TRADE COMMISSION THE FAIR CREDIT REPORTING ACT MODEL FORMS AND DISCLOSURES § 698.2 Legal effect. These model forms and disclosures prescribed by the FTC do not constitute a trade regulation rule...

  15. The Reach and Limits of Legal Education.

    Science.gov (United States)

    Schwartz, Murray L.

    1982-01-01

    Recent studies of the state of legal education and the practice of law are criticized, and legal education is found to be healthy. Practical and professional responsibility training is recommended for post-law school training rather than in the classical curriculum. (MSE)

  16. Powering Nigeria through renewable electricity investments: legal ...

    African Journals Online (AJOL)

    Renewable energy has a prominent role in promoting energy access and addressing environmental concerns with energy use in Nigeria. However, there are legal barriers that have not allowed renewable energy to be used in the Nigerian electricity sector. The absence of an effective legal framework to encourage and ...

  17. Advice for the New Legal Studies Professor

    Science.gov (United States)

    Bird, Robert C.

    2012-01-01

    The transition into academia from law school or legal practice is a significant and exciting shift in one's legal career. This transition, however, can also be one that presents numerous challenges. Preparing a syllabus and drafting lecture material can seem like a daunting task. Writing an academic article for the first time involves learning a…

  18. Legal framework for a radiation safety infrastructure

    International Nuclear Information System (INIS)

    Bilbao, A.A.

    2000-01-01

    In this lecture the legal framework for a radiation safety infrastructure are presented. The objective of this lecture are: Legal framework; Regulatory programme; Role of Regulatory Authority in emergency situations; Assessment of the effectiveness of the regulatory programme; Cost effectiveness of the regulatory framework; and Priority actions

  19. Traditional Festivals to Become Legal Holidays

    Institute of Scientific and Technical Information of China (English)

    2007-01-01

    @@ As nearly everyone knows already,the state is going to rearrange the schedule of legal holidays. The four traditional Chinese festivals, inluding Mid-Autumn Day, Dragon Boat Festival,Tomb-Sweeping Day and Spring Festival Eve, will be made into legal holidays. As for the Golden Week system, should it be continued or canceled?

  20. Legal Frame of Non-Social Robots

    NARCIS (Netherlands)

    Fosch Villaronga, Eduard; Husty, M.; Hofbaur, M.; Can Dede, M.I.

    2016-01-01

    This paper describes some relevant legal aspects concerning non-social robots. Special attention is drawn to Person Carrier Robots (PCaR) and Physical Assistant Robots (PAR). Although concrete legal binding regulations concerning these two sub-types of Personal Care Robots (PCR) are missing, the

  1. Conceptual Analysis of Causation in Legal Discourse

    Czech Academy of Sciences Publication Activity Database

    Doležal, Adam; Doležal, Tomáš

    2014-01-01

    Roč. 10, č. 7 (2014), s. 53-70 ISSN 1857-7881 Institutional support: RVO:68378122 Keywords : causation * tort law * legal liability Subject RIV: AG - Legal Sciences http://www.eujournal.org/index.php/esj/article/view/2968

  2. Reproduction, women, and the workplace: legal issues.

    Science.gov (United States)

    Bertin, J E

    1986-01-01

    Legal conflict has marked the effort to protect workers against reproductive injury, and legal activity in the management of occupational risks reflects a much broader range of important social issues, such as sexual discrimination in the workplace. This article describes the evolving law related to reproductive hazards that concern men, women and children.

  3. Legal institutions, strategic default, and stock returns

    NARCIS (Netherlands)

    Favara, G.; Schroth, E.; Valta, P.

    2008-01-01

    This paper studies the impact of legal institutions on stock returns. More specifically, we examine how differences in debt enforcement and creditor protection around the world affect stock returns of individual firms. We hypothesize that if legal institutions prevent shareholders from engaging in

  4. Death with Dignity: A Tripartite Legal Response

    Science.gov (United States)

    Leblang, Theodore Raymond

    1978-01-01

    This article provides a descriptive overview of the legal problems that attend medical treatment of the terminally ill patient as well as a careful analysis of the legal vehicles that have been offered in response to these problems--the living will, the antidysthanasia contract, and right to die legislation. (Author)

  5. Constitutionalising the Right Legal Representation at CCMA ...

    African Journals Online (AJOL)

    Recently, the issue of legal representation at internal disciplinary hearings and CCMA arbitrations has been a fervent topic of labour law discourse in South Africa. While the courts have consistently accepted the common law principle that there is no absolute right to legal representation at tribunals other than courts of law, ...

  6. Choice: Ethical and Legal Rehabilitation Challenges.

    Science.gov (United States)

    Patterson, Jeanne Boland; Patrick, Adele; Parker, Randall M.

    2000-01-01

    The concept of choice has evolved into legal mandates and ethical challenges for rehabilitation professionals during the latter part of the 20th century. This article identifies the ethical and legal issues related to choice, summarizes a pilot project on rehabilitation counselors' perceptions of choice, and provides recommendations for…

  7. The Theory of the Legal State

    Directory of Open Access Journals (Sweden)

    L. J. Du Plessis

    1981-03-01

    Full Text Available In this article, which has not been published before, the late Prof. du Plessis lays bare the philosophical roots of the liberal-democratic state, or the legal state, as he preferred to call it. After a recapitulative version of the theory of the legal state, het indicates the origin of this form in Greek philosophy and in Medieval thought. The stress, however, is on the Modem Era, in which he distinuishes two main periods in the development of the theory of the legal state:the jusnaturalistic period and thepositivistic or formal period.He argues that positivism has destroyed the original ideal o f individual freedom in facts by regarding justice as a purely formal matter susceptible to any content. All guarantees for individual freedom which rested on a universal normative system fe ll away. The state defines its own competence and limits itself to legal forms in all its activities. The legal state thus merely becomes the state, any state as determined by fixed rules o f its own making to which it binds itselfin all its functioning. Law sinks to a mere form in which the juristic personality of the state manifests its supremacy, and from this there is only one step to the concept that the state is identical with law, so that any state necessarily is a legal state, and any state action which is formally correct, is legal. The article concludes with a brief representation o f the author’s own political and legal vision.

  8. Rule of law and legal epistemology

    NARCIS (Netherlands)

    Tjong Tjin Tai, Eric; Feteris, Eveline; Kloosterhuis, Harm; Plug, José; Smith, Carel

    2016-01-01

    In the positivistic conception of law, sources of law (statute, precedent) are strictly distinguished from other legal materials such as doctrine. Courts as well as academia are, however, beginning to recognise the legal relevance of doctrine and case law of lower courts. This acceptance of such

  9. Southern African Development Community (SADC) trade legal ...

    African Journals Online (AJOL)

    Article XXIV of the General Agreement on Tariffs and Trade (GATT) lays down the legal principles with which regional trade agreements have to conform. Based on these principles, WTO members have the mandate to determine the legality of Regional Trade Agreements (RTAs) under the GATT. Article XXIV permits both ...

  10. Teaching the Legal Aspects of Business Communication.

    Science.gov (United States)

    Harcourt, Jules

    1990-01-01

    Maintains that the basic business communication course is the ideal course in which to discuss the legal aspects of business communication. Reviews some of the most important legal considerations: contract communications, credit and collections communication, employment communication, and other interpersonal communication. (SR)

  11. Suretyship in Serbian and comparative legal systems

    Directory of Open Access Journals (Sweden)

    Pajtić Bojan

    2014-01-01

    Full Text Available The author has compared the institute of suretyship in Serbian law and other comparative legal systems, both continental and common-law. With the development of economy, these instruments of creditor's protection in the contractual relationship have gained full promotion. The analysis of the similarities and differences in the treatment of suretyship implies a relationship between the European legal systems.

  12. Alzheimer's disease and the law: positive and negative consequences of structural stigma and labeling in the legal system.

    Science.gov (United States)

    Werner, Perla; Doron, Israel Issi

    2017-11-01

    To explore the meaning and consequences of labeling on structural stigma in the context of Alzheimer's disease (AD) in the legal system. This qualitative study was made up of three focus groups including social workers and lawyers (n = 26). Participants were asked to report their experience in circumstances in which persons with AD and their family members engage with the legal system. Thematic analysis using the constant comparative method was used. The discussions in the focus groups raised two overall themes. (1) The significance of the medical diagnostic labeling of AD in the legal system and (2) the consequences of labeling of AD within the legal system. This last theme included four sub-themes: (a) negative consequences of labeling; (b) reasons associated with negative consequences of labeling; (c) positive consequences of labeling; and (d) reasons associated with positive consequences of labeling. Findings of the study provide a first foundation for future research on the meaning and consequences of labeling in legal cases involving persons with AD. They suggest that increasing judges' knowledge about AD and reforming the existing 'status-based' legal capacity legislation might benefit by limiting the legal weight given today to the medical diagnosis.

  13. Legal and legal-ethical aspects of risk assessment

    International Nuclear Information System (INIS)

    Seiler, H.

    1991-01-01

    The article examines why human beings accept risks. An assessment of risk is always carried out in connection with the benefits to be had from an action which is a potential risk. Decisions on the acceptability of risks are the consequence of political assessments. An assessment of risk on a legal basis is only possible to a limited degree. What is important are the criteria according to which the acceptability of risks is determined. In this context, the concept of damage proves itself to be of central importance; this concept includes the question as to the degree to which such damage can be tolerated socially and politically, the question of future damage as well as the degree to which such damage is reversible. It would be ideal if those persons who are affected by potential damage were to be the ones to make such decisions, but this is extremely difficult to put into practice. Special care must be taken in regard to decisions which have repercussions for future generations or for the state of nature. In this case, the decision which those persons who are potentially affected would most probably make must be anticipated and taken into account as if they were here to participate in the decision-making process. (orig./HSCH) [de

  14. The International Legal Personality of the Individual

    DEFF Research Database (Denmark)

    Kjeldgaard-Pedersen, Astrid

    This book scrutinizes the relationship between the concept of international legal personality as a theoretical construct and the position of the individual as a matter of positive international law. By testing four main theoretical conceptions of international legal personality against historical...... to transform during the second half of the twentieth century so as to include individuals as its subjects. Rather, the answer to the question of individual rights and obligations under international law is—and always was—solely contingent upon the interpretation of international legal norms. It follows......, of course, that the entities governed by a particular norm tell us nothing about the legal system to which that norm belongs. Instead, the distinction between international and national legal norms turns exclusively on the nature of their respective sources. Against the background of these insights...

  15. Children's Judgments and Reasoning About Same-Sex Romantic Relationships.

    Science.gov (United States)

    Spence, Sarah; Helwig, Charles C; Cosentino, Nicole

    2018-05-01

    Children's (5-, 7- to 8-, and 10- to 11-year-olds), and adolescents' (13- to 14-year-olds) judgments and reasoning about same-sex romantic relationships were examined (N = 128). Participants' beliefs about the acceptability and legal regulation of these relationships were assessed, along with their judgments and beliefs about excluding someone because of his or her sexual orientation and the origins of same-sex attraction. Older participants evaluated same-sex romantic relationships more positively and used more references to personal choice and justice/discrimination reasoning to support their judgments. Younger participants were less critical of a law prohibiting same-sex relationships and were more likely to believe it was not acceptable to violate this law. Beliefs about origins of same-sex attraction showed age-specific patterns in their associations with evaluations. © 2017 The Authors. Child Development © 2017 Society for Research in Child Development, Inc.

  16. Responsive Legal Approach to Law of Human Trafficking in Indonesia

    Science.gov (United States)

    Farhana

    2018-01-01

    Formation and legal changes influenced by the social and political dynamics. Law understood as the rules are rigid and too much emphasis on the legal aspects of the legal system or emphasize aspects of the legitimacy of the rules themselves, without associated with social problems. A Responsive legal approach is an approach the legal establishment…

  17. ‘This Is Real Misery’: Experiences of Women Denied Legal Abortion in Tunisia

    Science.gov (United States)

    Hajri, Selma; Raifman, Sarah; Gerdts, Caitlin; Baum, Sarah; Foster, Diana Greene

    2015-01-01

    Barriers to accessing legal abortion services in Tunisia are increasing, despite a liberal abortion law, and women are often denied wanted legal abortion services. In this paper, we seek to explore the reasons for abortion denial and whether these reasons had a legal or medical basis. We also identify barriers women faced in accessing abortion and make recommendations for improved access to quality abortion care. We recruited women immediately after they had been turned away from legal abortion services at two facilities in Tunis, Tunisia. Thirteen women consented to participate in qualitative interviews two months after they were turned away from the facility. Women were denied abortion care on the day they were recruited due to three main reasons: gestational age, health conditions, and logistical barriers. Nine women ultimately terminated their pregnancies at another facility, and four women carried to term. None of the women attempted illegal abortion services or self-induction. Further research is needed in order to assess abortion denial from the perspective of providers and medical staff. PMID:26684189

  18. Analogical reasoning in schizophrenic delusions.

    Science.gov (United States)

    Simpson, Jane; Done, D John

    2004-09-01

    Reasoning ability has often been argued to be impaired in people with schizophrenic delusions, although evidence for this is far from convincing. This experiment examined the analogical reasoning abilities of several groups of patients, including non-deluded and deluded schizophrenics, to test the hypothesis that performance by the deluded schizophrenic group would be impaired. Eleven deluded schizophrenics, 10 depressed subjects, seven non-deluded schizophrenics and 16 matched non-psychiatric controls, who were matched on a number of key variables, were asked to solve an analogical reasoning task. Performance by the deluded schizophrenic group was certainly impaired when compared with the depressed and non-psychiatric control groups though less convincingly so when compared with the non-deluded schizophrenic group. The impairment shown by the deluded schizophrenic group seemed to occur at the initial stage of the reasoning task. The particular type of impairment shown by the deluded subjects was assessed in relation to other cognitive problems already researched and the implications of these problems on reasoning tasks and theories of delusions was discussed.

  19. Event Index - a LHCb Event Search System

    CERN Document Server

    INSPIRE-00392208; Kazeev, Nikita; Redkin, Artem

    2015-12-23

    LHC experiments generate up to $10^{12}$ events per year. This paper describes Event Index - an event search system. Event Index's primary function is quickly selecting subsets of events from a combination of conditions, such as the estimated decay channel or stripping lines output. Event Index is essentially Apache Lucene optimized for read-only indexes distributed over independent shards on independent nodes.

  20. Race, Reason and Reasonableness: Toward an "Unreasonable" Pedagogy

    Science.gov (United States)

    De Lissovoy, Noah

    2016-01-01

    Starting from the contemporary critical-theoretical notion of an "objective violence" that organizes social reality in capitalism, including processes of systemic racism, as well as from phenomenological inquiries into processes of race and identity, this article explores the relationship between racism and reasonableness in education…

  1. Emotional Reasoning and Parent-Based Reasoning in Normal Children

    Science.gov (United States)

    Morren, Mattijn; Muris, Peter; Kindt, Merel

    2004-01-01

    A previous study by Muris, Merckelbach, and Van Spauwen [1] demonstrated that children display emotional reasoning irrespective of their anxiety levels. That is, when estimating whether a situation is dangerous, children not only rely on objective danger information but also on their "own" anxiety-response. The present study further examined…

  2. Emotional reasoning and parent-based reasoning in normal children.

    NARCIS (Netherlands)

    Morren, M.; Muris, P.; Kindt, M.

    2004-01-01

    A previous study by Muris, Merckelbach, and Van Spauwen demonstrated that children display emotional reasoning irrepective of their anxiety levels. That is when estimating whether a situation is dangerous, childen not only rely on objective danger information but also on their own anciety-response.

  3. Emotional reasoning and parent-based reasoning in normal children

    NARCIS (Netherlands)

    Morren, M.; Muris, P.; Kindt, M.

    2004-01-01

    A previous study by Muris, Merckelbach, and Van Spauwen demonstrated that children display emotional reasoning irrespective of their anxiety levels. That is, when estimating whether a situation is dangerous, children not only rely on objective danger information but also on their own

  4. Between Democratic Security and Democratic Legality. Constitutional Politics and Presidential Re-election in Colombia

    Directory of Open Access Journals (Sweden)

    Jan Boesten

    2014-12-01

    Full Text Available This paper presents an analysis of the political and legal debate of the declaration of unconstitutionality of the referendum that sought the re-election presidential second term in 2010. On the other hand, it exposes the debate between those who spoke of bias and political argument in the court ruling related to the idea of “democratic security”; while others speak of the persistence of “democratic legality” consisting of autonomy guaranteed legal reasoning from deliberative processes. Finally, it is noted that the degree of institutionalization of discourse of the Court is an important factor that speaks in favor of it’s independence.

  5. Logic, probability, and human reasoning.

    Science.gov (United States)

    Johnson-Laird, P N; Khemlani, Sangeet S; Goodwin, Geoffrey P

    2015-04-01

    This review addresses the long-standing puzzle of how logic and probability fit together in human reasoning. Many cognitive scientists argue that conventional logic cannot underlie deductions, because it never requires valid conclusions to be withdrawn - not even if they are false; it treats conditional assertions implausibly; and it yields many vapid, although valid, conclusions. A new paradigm of probability logic allows conclusions to be withdrawn and treats conditionals more plausibly, although it does not address the problem of vapidity. The theory of mental models solves all of these problems. It explains how people reason about probabilities and postulates that the machinery for reasoning is itself probabilistic. Recent investigations accordingly suggest a way to integrate probability and deduction. Copyright © 2015 Elsevier Ltd. All rights reserved.

  6. Uncertain deduction and conditional reasoning.

    Science.gov (United States)

    Evans, Jonathan St B T; Thompson, Valerie A; Over, David E

    2015-01-01

    There has been a paradigm shift in the psychology of deductive reasoning. Many researchers no longer think it is appropriate to ask people to assume premises and decide what necessarily follows, with the results evaluated by binary extensional logic. Most every day and scientific inference is made from more or less confidently held beliefs and not assumptions, and the relevant normative standard is Bayesian probability theory. We argue that the study of "uncertain deduction" should directly ask people to assign probabilities to both premises and conclusions, and report an experiment using this method. We assess this reasoning by two Bayesian metrics: probabilistic validity and coherence according to probability theory. On both measures, participants perform above chance in conditional reasoning, but they do much better when statements are grouped as inferences, rather than evaluated in separate tasks.

  7. Inductive reasoning 2.0.

    Science.gov (United States)

    Hayes, Brett K; Heit, Evan

    2018-05-01

    Inductive reasoning entails using existing knowledge to make predictions about novel cases. The first part of this review summarizes key inductive phenomena and critically evaluates theories of induction. We highlight recent theoretical advances, with a special emphasis on the structured statistical approach, the importance of sampling assumptions in Bayesian models, and connectionist modeling. A number of new research directions in this field are identified including comparisons of inductive and deductive reasoning, the identification of common core processes in induction and memory tasks and induction involving category uncertainty. The implications of induction research for areas as diverse as complex decision-making and fear generalization are discussed. This article is categorized under: Psychology > Reasoning and Decision Making Psychology > Learning. © 2017 Wiley Periodicals, Inc.

  8. Legal positions of the Constitutional Court of Ukraine: main signs and definition

    Directory of Open Access Journals (Sweden)

    Romana Reva

    2016-04-01

    Full Text Available The practice of a single body of constitutional jurisdiction indicates on the necessity of a certain number of amendments to the current Law of Ukraine “On the Constitutional Court of Ukraine”. It is impossible to achieve the quality regulation of these issues without a thorough scientific analysis of basic features of the legal positions of the Constitutional Court of Ukraine. The purpose of the article is to analyze the legal positions of the Constitutional Court of Ukraine and scientific views on their signs, to identify and describe the main features of the legal positions of the Constitutional Court of Ukraine. There are the conclusions made that an important step in any legal position research is the establishment of the legal nature. The article discusses different scientific views on the basic features of the legal positions of the Constitutional Court of Ukraine. On the basis of the analysis of acts of the Constitutional Court of Ukraine and scientific works, there are defined, in particular, the following main features of the legal positions of the Constitutional Court of Ukraine: they are the result of interpretation and represent the most generalized, concentrated expression of the Constitutional Court of Ukraine understanding of the provisions of the Constitution of Ukraine, laws and/ or other regulations, which are carried out within the jurisdiction of the Constitutional Court of Ukraine; they are the basis for the final decision, which is set in the act of the Constitutional Court of Ukraine; they appear in the reasoning and/ or the operative parts of the decisions and conclusions and some rulings; they have a special legal force; they are obligatory, that are binding throughout the territory of Ukraine for all public authorities, local governments, enterprises, institutions and organizations, officials, citizens and their associations; suitable for further repeated use in solving similar cases; as opposed to the decisions of

  9. Community occupational therapists' clinical reasoning: identifying tacit knowledge.

    Science.gov (United States)

    Carrier, Annie; Levasseur, Mélanie; Bédard, Denis; Desrosiers, Johanne

    2010-12-01

      Occupational therapy interventions in the community, a fast expanding practice setting, are central to an important social priority, the ability to live at home. These interventions generally involve only a small number of home visits, which aim at maximising the safety and autonomy of community-dwelling clients. Knowing how community occupational therapists determine their interventions, i.e. their clinical reasoning, can improve intervention efficacy. However, occupational therapists are often uninformed about and neglect the importance of clinical reasoning, which could underoptimise their interventions.   To synthesise current knowledge about community occupational therapists' clinical reasoning.   A scoping study of the literature on community occupational therapists' clinical reasoning was undertaken.   Fifteen textbooks and 25 articles, including six focussing on community occupational therapists' clinical reasoning, were reviewed. Community occupational therapists' clinical reasoning is influenced by internal and external factors. Internal factors include past experiences, expertise and perceived complexity of a problem. One of the external factors, practice context (e.g. organisational or cultural imperatives, physical location of intervention), particularly shapes community occupational therapists' clinical reasoning, which is interactive, complex and multidimensional. However, the exact influence of many factors (personal context, organisational and legal aspects of health care, lack of resources and increased number of referrals) remains unclear.   Further studies are needed to understand better the influence of internal and external factors. The extent to which these factors mould the way community occupational therapists think and act could have a direct influence on the services they provide to their clients. © 2010 The Authors. Australian Occupational Therapy Journal © 2010 Australian Association of Occupational Therapists.

  10. Long-Term Autobiographical Memory for Legal Involvement: Individual and Sociocontextual Predictors

    Science.gov (United States)

    Quas, Jodi A.; Alexander, Kristen Weede; Goodman, Gail S.; Ghetti, Simona; Edelstein, Robin S.; Redlich, Allison

    2010-01-01

    We examined adults' long-term autobiographical memory for a dramatic life event-participating as a child victim in a criminal prosecution because of alleged sexual abuse. The study is unique in several ways, including that we had extensive documentation concerning the sexual abuse allegations, the children's involvement in their legal case, and…

  11. Legal dimensions of Big Data in the Health and Life Sciences

    DEFF Research Database (Denmark)

    Minssen, Timo

    2016-01-01

    Please find below my welcome speech at last-weeks mini-symposium on “Legal dimensions of Big Data in the Health and Life Sciences – From Intellectual Property Rights and Global Pandemics to Privacy and Ethics at the University of Copenhagen (UCPH). The event was organized by our Global Genes –Local...

  12. Darwin's "strange inversion of reasoning".

    Science.gov (United States)

    Dennett, Daniel

    2009-06-16

    Darwin's theory of evolution by natural selection unifies the world of physics with the world of meaning and purpose by proposing a deeply counterintuitive "inversion of reasoning" (according to a 19th century critic): "to make a perfect and beautiful machine, it is not requisite to know how to make it" [MacKenzie RB (1868) (Nisbet & Co., London)]. Turing proposed a similar inversion: to be a perfect and beautiful computing machine, it is not requisite to know what arithmetic is. Together, these ideas help to explain how we human intelligences came to be able to discern the reasons for all of the adaptations of life, including our own.

  13. DRONE OPERATORS – LEGAL RESPONSIBILITY

    Directory of Open Access Journals (Sweden)

    Andrei-Alexandru STOICA

    2016-06-01

    Full Text Available Drones or unmanned or remote vehicles represent a new generation of devices that were designed to help mankind achieve better results in areas that were proven to hazardous. By developing drones, new areas of economic activities have been unlocked for better exploitation, but at the same time, the lack of a proper legal system to back-up the new technology allowed a new wave of gray-lined uses of drones that must be tackled. As the Director of the 21st Century Defense Initiative at the Brookings Institute1 explains in an interview in 2012 that “a revolutionary technology is a game-changing technology on a historic level. It is technology like gunpowder, or the steam engine, or the atomic bomb”. With this in mind, drones mark the revolution to carry out strikes from thousands of kilometers away, while also ensuring a permanent eye in the sky for both military and also law enforcement operations. The aforementioned facts are just small percentages of what a drone is truly capable of and its full potential will only be unlocked once artificial intelligence will become an integral part of robotics.

  14. Legal Deposit of Electronic Publications

    Directory of Open Access Journals (Sweden)

    Burcu Umut Zan

    2009-06-01

    Full Text Available The most important and basic role of the deposition studies, which are the greatest contributions to the knowledge sharing, is to gather the artistic and philosophical works of a country and provide them for the use of future researchers. However, since early deposition studies were limited with printed publications, they do not involve the electronic publication types appearing with the development of information technology. This stems from the fact that the electronic publications require procedures different from those of the printed publications in terms of deposition steps because of their structures. Today, in order to guarantee that all registered cultural products, which are mostly produced and used in the electronic environment could be fully collected, electronic publications should also be covered by and regulated under legal deposit. This study analyzes the deposition of electronic publications, within the framework of their storage and protection, being put in the use of the users as well as the common approaches to deposition practices in the world parallel to the developments in the information technology. The related situation in Turkey was also evaluated.

  15. Psychopathy: Legal and neuroscientific aspects

    Directory of Open Access Journals (Sweden)

    Joaquin Ortega-Escobar

    2017-01-01

    Full Text Available Psychopathy is characterised by emotional disturbances that affect interpersonal behaviour and decision-making. The objective of this paper is to review the most recent contributions to the field of neuroscience of psychopathy and the implications that this disorder has on the criminal legal field. In regards to this last aspect, we evaluate the issue of psychopaths’ accountability and the incidence of psychopathy in many other penal institutions. In terms of the contributions of neuroscience, we will focus on the orbitofrontal (ofPFC and ventromedial (vmPFC regions of the frontal lobes and on the amygdala. Data spanning from the nineteenth century to the present indicate that damage to the ofPFC and vmPFC is the basis of behaviours that have been referred to as pseudopsychopathic. The earlier during brain development the damage occurs, the more likely these behaviours will resemble those of psychopaths. The damage to the amygdala is rather related to impairments in the ability to distinguish facial expressions of fear and the capacity to feel emotions. Damage to ofPFC, vmPFC, and amygdala are highly relevant to the expression of pseudopsychopathic behaviours.

  16. New generation of ''legal'' dosemeters

    International Nuclear Information System (INIS)

    Fletcher, R.

    1991-01-01

    In the early 1980s research at the National Radiological Protection Board in the UK proved the feasibility of using solid state electronics in an entirely new dosimetry technology - capable of reaching right down into the low energy photon ranges, and able to detect beta radiation. In 1988 the NRPB undertook a joint venture with Siemens Plessey Controls to develop a marketable personal dosemeter meeting full Health and Safety Executive approval as a ''legal'' instrument. The Electronic Personal Dosemeter (EPD) was thus conceived, and will reach the pre-production stage early this year. The EPD makes use of state-of-the-art silicon integrated circuit technology, with a custom amplifier and microprocessor system. The liquid crystal display continuously shows the accumulated short-term penetrating dose in terms of the Hp (10) unit, and can also show superficial dose and dose rates. Because the EPD must be continuously powered, the custom lithium battery was commissioned to ensure a minimum service interval of 12 months. The EPD is the size and weight of a small pocket pager. Although dose data can be read directly from the EPD, a comprehensive data management system is needed to effect real-life use in industry. The EPD thus communicates by infra-red link to a reader unit which interfaces an IBM-compatible PC, allowing authorized personnel to read the dose memories and perform dose alarm threshold settings. (author)

  17. Simulating events

    Energy Technology Data Exchange (ETDEWEB)

    Ferretti, C; Bruzzone, L [Techint Italimpianti, Milan (Italy)

    2000-06-01

    The Petacalco Marine terminal on the Pacific coast in the harbour of Lazaro Carclenas (Michoacan) in Mexico, provides coal to the thermoelectric power plant at Pdte Plutarco Elias Calles in the port area. The plant is being converted from oil to burn coal to generate 2100 MW of power. The article describes the layout of the terminal and equipment employed in the unloading, coal stacking, coal handling areas and the receiving area at the power plant. The contractor Techint Italimpianti has developed a software system, MHATIS, for marine terminal management which is nearly complete. The discrete event simulator with its graphic interface provides a real-type decision support system for simulating changes to the terminal operations and evaluating impacts. The article describes how MHATIS is used. 7 figs.

  18. Event generators

    International Nuclear Information System (INIS)

    Durand, D.; Gulminelli, F.; Lopez, O.; Vient, E.

    1998-01-01

    The results concerning the heavy ion collision simulations at Fermi energies by means of phenomenological models obtained in the last two years ar presented. The event generators are essentially following the phase of elaboration of analysis methods of data obtained by INDRA or NAUTILUS 4 π multidetectors. To identify and correctly quantify a phenomenon or a physical quantity it is necessary to verify by simulation the feasibility and validity of the analysis and also to estimate the bias introduced by the experimental filter. Many studies have shown this, for instance: the determination of the collision reaction plan for flow studies, determination of kinematical characteristics of the quasi-projectiles, and the excitation energy measurement stored in the hot nuclei. To Eugene, the currently utilised generator, several improvements were added: introduction of space-time correlations between the different products emitted in the decay of excited nuclei by calculating the trajectories of the particles in the final phase of the reaction; taking into account in the decay cascade of the discrete levels of the lighter fragments; the possibility of the schematically description of the explosion of the nucleus by simultaneous emission of multi-fragments. Thus, by comparing the calculations with the data relative to heavy systems studied with the NAUTILUS assembly it was possible to extract the time scales in the nuclear fragmentation. The utilisation of these event generators was extended to the analysis of INDRA data concerning the determination of the vaporization threshold in the collisions Ar + Ni and also the research of the expansion effects in the collisions Xe + Sn at 50 MeV/u

  19. The national legal framework in France

    International Nuclear Information System (INIS)

    Touitou-Durand, Florence

    2017-01-01

    Ms Touitou-Durand presented the French legal framework regarding public participation. The 2005 Charter for the Environment, which has constitutional value, lays down the principle of public participation in decisions likely to affect the environment. These include, among others, Nuclear Safety Authority decisions on technical prescriptions or on modifications requested by licensees. France is a Party to the Aarhus and Espoo Conventions and applies the relevant European directives related to the matter. Whereas the Aarhus Convention covers access to environmental information held by public authorities, French provisions go further by creating obligations also for the operator of a nuclear installation, which must grant access to information on the risks related to ionising radiation that can result from its activity and on the measures taken to prevent or reduce these risks. The principle of transparency in the nuclear field was introduced in French law in 2006 and further incorporated in the Environmental Code. It grants the public the right to reliable and accessible information on nuclear safety, radiological protection, the prevention of and fight against malicious acts, and civil security actions in the event of an accident. Two bodies are called to deal with stakeholder involvement, namely the High Committee for Transparency and Information on Nuclear Security and the Local Information Committees, the latter being mandatory for any site comprising one or several nuclear installations. The Local Information Committees are composed of representatives of local authorities, environmental protection organisations, trade unions, experts and residents of the area where the site is located. Regarding involvement of the public in project-level decisions, Ms Touitou-Durand explained that the eventual authorisation by decree of the creation of a nuclear installation must be preceded by a formal public debate (when located on a new site), an environmental impact

  20. Emotional Reasoning in Acutely Traumatized Children and Adolescents

    NARCIS (Netherlands)

    Verduijn, Nina J.C.; Vincken, Manon J.B.; Meesters, Cor M.G.; Engelhard, I.M.

    2015-01-01

    After a traumatic event, many children and adolescents develop post-traumatic stress disorder. Studies in adults suggest that emotional reasoning (i.e., drawing conclusions about situations on the basis of one’s emotional responses) is involved in PTSD development or maintenance. This longitudinal

  1. Defining, Teaching, and Assessing Ethical Reasoning in Action

    Science.gov (United States)

    Sanchez, Elizabeth R. H.; Fulcher, Keston H.; Smith, Kristen L.; Ames, Allison; Hawk, William J.

    2017-01-01

    National events highlight a critical need for refined decision-making skills; tragic ethical shortcomings are all too common in our society (James Madison University, 2013; Smith, Fulcher, & Sanchez, 2015). While employers around the world seek professionals with developed reasoning abilities (Hart Research Associates, 2013; Lau, 2010), higher…

  2. Excess in Self-Defense and its Consequences to the Assesment of the Victim's Legal Crime Precipitation

    Directory of Open Access Journals (Sweden)

    Diego José Dias Mendes

    2016-10-01

    Full Text Available This article explores the ongoing debate concerning excessive self-defense and its possible consequences to the assessment of victim legal precipitation of crimes. While part one introduces excess in its most accepted structure, part two describes theories that pursue the best reasons why the excess may, in certain cases, not be punished, focusing the ones who claim that those reasons relate to agressor’s self-responsibility, then applying their arguments to the evaluation of legal crime precipitation. It concludes that these theories can only hold by discriminating moral value of guilty and innocent victims, which is unacceptable.

  3. CHARITY EVENT

    CERN Multimedia

    STAFF ASSOCIATION

    2010-01-01

    Fund raising Pakistan     Dear Colleagues, Following the monsoon rains that have caused devastating flooding in Pakistan, taken the lives of more than 1500 people, displaced 20 million and destroyed hundreds of thousands of homes, CERN Management and the Staff Association are organizing a collection to help the victims of what UN Secretary General, Ban Ki-moon, has described as a disaster worse than any he has witnessed before. The money collected will be transferred equally to Caritas (www.caritas.ch) and to the Swiss Labour Assistance (www.sah.ch) guaranteeing proper use of the funds. From today you can pay your donations into a special UBS account, marking “Pakistan flooding” as the reason for payment.   BIC:        UBSWCHZH80A IBAN:    CH85 0027 9279 HU10 6832 1 Account number: 279-HU106832.1 Account Holder: Association du personnel CERN, 1211 GENEVA 23   Mr Ban went on to sa...

  4. Expert Causal Reasoning and Explanation.

    Science.gov (United States)

    Kuipers, Benjamin

    The relationship between cognitive psychologists and researchers in artificial intelligence carries substantial benefits for both. An ongoing investigation in causal reasoning in medical problem solving systems illustrates this interaction. This paper traces a dialectic of sorts in which three different types of causal resaoning for medical…

  5. Heuristic Biases in Mathematical Reasoning

    Science.gov (United States)

    Inglis, Matthew; Simpson, Adrian

    2005-01-01

    In this paper we briefly describe the dual process account of reasoning, and explain the role of heuristic biases in human thought. Concentrating on the so-called matching bias effect, we describe a piece of research that indicates a correlation between success at advanced level mathematics and an ability to override innate and misleading…

  6. Children Reason about Shared Preferences

    Science.gov (United States)

    Fawcett, Christine A.; Markson, Lori

    2010-01-01

    Two-year-old children's reasoning about the relation between their own and others' preferences was investigated across two studies. In Experiment 1, children first observed 2 actors display their individual preferences for various toys. Children were then asked to make inferences about new, visually inaccessible toys and books that were described…

  7. Saving Money Using Proportional Reasoning

    Science.gov (United States)

    de la Cruz, Jessica A.; Garney, Sandra

    2016-01-01

    It is beneficial for students to discover intuitive strategies, as opposed to the teacher presenting strategies to them. Certain proportional reasoning tasks are more likely to elicit intuitive strategies than other tasks. The strategies that students are apt to use when approaching a task, as well as the likelihood of a student's success or…

  8. Dual Coding, Reasoning and Fallacies.

    Science.gov (United States)

    Hample, Dale

    1982-01-01

    Develops the theory that a fallacy is not a comparison of a rhetorical text to a set of definitions but a comparison of one person's cognition with another's. Reviews Paivio's dual coding theory, relates nonverbal coding to reasoning processes, and generates a limited fallacy theory based on dual coding theory. (PD)

  9. #FakeNobelDelayReasons

    CERN Multimedia

    2013-01-01

    Tuesday’s hour-long delay of the Nobel Prize in Physics announcement was (and still is) quite the cause for speculation. But on the Twittersphere, it was simply the catalyst for some fantastic puns, so-bad-they're-good physics jokes and other shenanigans. Here are some of our favourite #FakeNobelDelayReasons.    

  10. Conceptual Knowledge Representation and Reasoning

    DEFF Research Database (Denmark)

    Oldager, Steen Nikolaj

    2003-01-01

    One of the main areas in knowledge representation and logic-based artificial intelligence concerns logical formalisms that can be used for representing and reasoning with concepts. For almost 30 years, since research in this area began, the issue of intensionality has had a special status...

  11. Clinical reasoning as social deliberation

    DEFF Research Database (Denmark)

    Thorgård, Keld

    2014-01-01

    In this paper I will challenge the individualistic model of clinical reasoning. I will argue that sometimes clinical practice is rather machine-like, and information is called to mind and weighed, but the clinician is not just calculating how to use particular means to reach fixed ends. Often...

  12. A Chemistry Concept Reasoning Test

    Science.gov (United States)

    Cloonan, Carrie A.; Hutchinson, John S.

    2011-01-01

    A Chemistry Concept Reasoning Test was created and validated providing an easy-to-use tool for measuring conceptual understanding and critical scientific thinking of general chemistry models and theories. The test is designed to measure concept understanding comparable to that found in free-response questions requiring explanations over…

  13. Fukushima accident - reasons and impacts

    International Nuclear Information System (INIS)

    Slugen, V.

    2011-01-01

    The Fukushima accident influenced dramatically the current view on safety of nuclear facilities. Consideration about possible impacts of natural catastrophe in design of nuclear facilities seems to be much more important than before. European commission is focused on the stress-tests at nuclear power plants. His paper will go more in details having in mind reasons and impacts of Fukushima accident (Author)

  14. Negligent Rape and Reasonable Beliefs

    DEFF Research Database (Denmark)

    Hansen, Pelle Guldborg

    2008-01-01

    practice such defences are often acknowledged if the belief is reasonable by some general standard, even when this standard does not pertain to the rules currently governing the practice of intercourse in Denmark. As a result it has often been argued that the notion of negligent rape should be introduced...

  15. Quantitative Reasoning in Problem Solving

    Science.gov (United States)

    Ramful, Ajay; Ho, Siew Yin

    2015-01-01

    In this article, Ajay Ramful and Siew Yin Ho explain the meaning of quantitative reasoning, describing how it is used in the to solve mathematical problems. They also describe a diagrammatic approach to represent relationships among quantities and provide examples of problems and their solutions.

  16. Sensitizing Reasons by Emulating Exemplars

    Directory of Open Access Journals (Sweden)

    Kunimasa Sato

    2015-05-01

    Full Text Available The fostering of rationality has long been endorsed as an educational ideal by some philosophers; in recent years, whereas some have argued for this ideal, others have challenged it, particularly within debates relevant to the study of critical thinking. Harvey Siegel, who has spelled out the philosophical theory of educating for rationality, not only has defended his view from such challenges but also has been deepening his thoughts regarding how rationality can be fostered. This paper centers on the cultivating of sensitivity to reasons in the fostering of rationality by critically examining and extending Siegel’s arguments concerning the notion of what he calls “felt reasons.” By clarifying the notion of felt reasons, I will argue for two ideas: first, teachers, parents, and fictional characters in media such as novels and films can be seen as exemplars that manifest rationality; second, the emotion of admiring exemplars may act as a motivating force for children—including small children who are still not sensitive to reasons and thus are not moved by reasons—to be critical thinkers.

  17. AAAI Workshop on Nonmonotonic Reasoning

    OpenAIRE

    Etherington, David

    1985-01-01

    On October 17-19 1984 a workshop on non-monotonic reasoning was held at Mohonk Mountain House, outside New Paltz, New York. The workshop was organized by Raymond Reiter and Bonnie Webber, and was sponsored by the Association for the Advancement of Artificial Intelligence.

  18. Team reasoning and group identification

    NARCIS (Netherlands)

    Hindriks, Frank

    The team reasoning approach explains cooperation in terms of group identification, which in turn is explicated in terms of agency transformation and payoff transformation. Empirical research in social psychology is consistent with the significance of agency and payoff transformation. However, it

  19. Teaching Inductive Reasoning with Puzzles

    Science.gov (United States)

    Wanko, Jeffrey J.

    2017-01-01

    Working with language-independent logic structures can help students develop both inductive and deductive reasoning skills. The Japanese publisher Nikoli (with resources available both in print and online) produces a treasure trove of language-independent logic puzzles. The Nikoli print resources are mostly in Japanese, creating the extra…

  20. Approximate reasoning in decision analysis

    Energy Technology Data Exchange (ETDEWEB)

    Gupta, M M; Sanchez, E

    1982-01-01

    The volume aims to incorporate the recent advances in both theory and applications. It contains 44 articles by 74 contributors from 17 different countries. The topics considered include: membership functions; composite fuzzy relations; fuzzy logic and inference; classifications and similarity measures; expert systems and medical diagnosis; psychological measurements and human behaviour; approximate reasoning and decision analysis; and fuzzy clustering algorithms.