Feteris, E.; Kloosterhuis, H.
In the past thirty years legal argumentation has become an important interdisciplinary field of interest. The study of legal argumentation draws its data, assumptions and methods from disciplines such as legal theory, legal philosophy, logic, argumentation theory, rhetoric, linguistics, literary
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.
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...
McGinty, Emma E; Niederdeppe, Jeff; Heley, Kathryn; Barry, Colleen L
In debates about recreational marijuana legalization, pro-legalization arguments highlighting economic and other potential policy benefits compete with anti-legalization arguments emphasizing public health risks. In 2016, we conducted a national survey using an online panel (N=979) designed to answer two main research questions: (1) How do Americans perceive the relative strength of competing arguments about recreational marijuana legalization? (2) How are perceptions of argument strength associated with public support for recreational marijuana legalization? We examined differences in attitudes among individuals living in states that have/have not legalized recreational marijuana and among Democrats/Independents/Republicans. Ordered logit regression assessed the relationship between perceived argument strength and public support for recreational marijuana legalization. Respondents rated pro-legalization arguments highlighting beneficial economic and criminal justice consequences as more persuasive than anti-legalization arguments emphasizing adverse public health effects. Respondents were more likely to agree with arguments highlighting legalization's potential to increase tax revenue (63.9%) and reduce prison overcrowding (62.8%) than arguments emphasizing negative consequences on motor vehicle crashes (51.8%) and youth health (49.6%). The highest rated anti-legalization arguments highlighted the conflict between state and federal marijuana laws (63.0%) and asserted that legalization will fail to eliminate the black market (57.2%). Respondents who endorsed pro-legalization economic and criminal justice arguments were more likely than other respondents to support legalization. Our findings indicate that, on both side of the recreational marijuana legalization debate, there are arguments that resonate with the American public. However, public health risk messages were viewed as less compelling than pro-legalization economic and criminal justice-oriented arguments
Yzermans, Maria; van Blom, C.L.; Broers, E.J.M.F.C.
The instructions classical rhetoric gives for the use of emotional means of persuasion still prove to be useful in modern professional legal practice, albeit that they need to be adapted to modern psychological concepts and current legal practice.
Timmer, Sjoerd; Prakken, Hendrik; Meyer, John-Jules Charles; Renooij, Silja; Verheij, Bart
Recent developments in the forensic sciences have confronted the field of legal reasoning with the new challenge of reasoning under uncertainty. Forensic results come with uncertainty and are described in terms of likelihood ratios and random match probabilities. The legal field is unfamiliar with
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
Full Text Available This study presents a comparative examination of interpersonal negotiation in two monologic courtroom genres: the opening statement and closing argument. Drawing upon a corpus of three high-profile American trials, the quantitative and qualitative analysis identifies the traces and degree of the jury’s presence through lexico-grammatical resources, and reveals distinct interactional patterns, which are indicative of the interactive goals of the two speech genres. Such relational practice does not merely “oil the wheels” of courtroom communication, but also constitutes a key way in the meaning-making process of these genres. The findings attest to the centrality of relational work in accomplishing transactional goals in institutional discourses.
Juliana Brina Corrêa Lima de Carvalho
Full Text Available This paper intends to discuss the idea of legitimacy which is in the core of the understanding about the balancing principles method outlined in the wake of the judicial activism assumed by the German Federal Constitutional Court (Bundesverfassungsgericht - BVG and, in Brazil, by the Supreme Court - STF. Initially, we studied Robert Alexy’s Teory of Legal Argumentantion as it constitutes one of the most influential interpretations of the German constitutional culture which tries to devise a methodology to rationally justify the difficulties brought about by the transition of the jurisprudence of the Bundesverfassungsgericht to activism. Then we proceeded to critically review Alexy’s theory through two theories: a the criticisms addressed by Jürgen Habermas with respect to the Law subordination to Moral, as well as to the relativization of principles; and b the agonistic model of democracy proposed by Chantal Mouffe, so as to deconstruct the balancing method’s claim to legitimacy, in order to criticize the model of rationality that serves as a substrate to the idea of legitimacy based on the ”argumentative representation.
Núñez Vaquero, Álvaro
This paper pursues three goals. First, some traditional concepts of ‘legal science’ will be analysed, and a definition of ‘legal science ampio sensu’, ‘legal science stricto sensu’ and ‘legal dogmatics’ will be proposed. Second, a reconstruction of five models of ‘legal science ampio sensu’ will be presented to show the different methodological alternatives available to legal scholars. Third, I claim that it is necessary (for conceptual reasons) to argue for moral reasons when choosing a lega...
Solomon, S G
Russia legalized abortion in 1920. State policy was pronatalist. Regional abortion commissions were established in order to monitor costs and maintain records. The physicians before the legal change were mainly against legalization. In 1923 the abortion rate was 2.91 abortions per live birth. A 1923 study by M. Karlin, M.D., found among 1362 women that the health risk to women of zero parity with an induced abortion was higher than giving birth. Public discussion of abortion was limited between 1921 and 1924. Russian physicians between 1925 and 1927 both publicly and privately discussed the problems; greater attention to demographic concerns occurred during the 1930s. The connection between abortion and the declining birth rate was established in a limited way in a May 1927 obstetricians' society meeting in Kiev, Ukraine. The albeit unreliable statistics appeared to confirm the decline in the birth rate due to increased numbers of abortions. The literature in the 1920s was devoted to the well-being of women as workers; abortion policy favored the interests of working women and was set up for prevention of unsafe illegal abortions. Russian demographers were more concerned with population movements. Surveys found that the profiled abortion client was indeed not destitute, but better off and married. Roesle, a German demographer, considered legal abortion beneficial in reducing maternal mortality, but he was criticized for obscuring abortions' impact on the birth rate. The debate in Russia was tangled in ideology. A comparison of abortion rates in Vienna and Moscow by a Viennese demographer Peller found similar rates regardless of legality. Peller further suggested that contraception had more to do with birth rates. Even though rural populations were hard hit by famine in 1931 and forced collectivization in 1929, increased rural abortions were blamed for the declining rural birth rates. The demographic argument against abortion became prominent again in 1931/32 after
Roberto, Christina A; Pomeranz, Jennifer L
In 2012, the New York City Board of Health passed a regulation prohibiting the sale of sugar-sweetened beverages in containers above 16 ounces in the city's food service establishments. The beverage industry and various retailers sued the city to prevent enforcement of the law, arguing that the board had overstepped its authority. In June 2014, the state's highest court agreed and struck down the regulation. Here we report the results of a content analysis of the public testimony related to the case submitted to the New York City Department of Mental Health and Hygiene. We identified major arguments in support of and against the sugar-sweetened beverage portion limit policy. We offer legal and scientific arguments that challenge the major anti-policy arguments and contend that, although this policy was not implemented in New York City, it can be legally pursued by other legislatures.
Wang, Geng; Lin, Zuoquan
In the field of knowledge representation, argumentation is usually considered as an abstract framework for nonclassical logic. In this paper, however, we'd like to present a propositional argumentation framework, which can be used to closer simulate a real-world argumentation. We thereby argue that under a dialectical argumentation game, we can allow non-monotonic reasoning even under classical logic. We introduce two methods together for gaining nonmonotonicity, one by giving plausibility for arguments, the other by adding "exceptions" which is similar to defaults. Furthermore, we will give out an alternative definition for propositional argumentation using argumentative models, which is highly related to the previous reasoning method, but with a simple algorithm for calculation.
Full Text Available Legal argumentation is usually considered the more formal (or, at least, formalistic kind of practical argumentation, thanks to the long tradition of “legal syllogism” as its formal instrument, but also to its legal restraint (the formalistic aspect. Yet, in arguments such as those used, for example, by high courts in their justifications, we may find not only strict formalism and adherence to the letter of the law, but also the attempt to resolve differences of opinion and conflicts of interest, and perhaps also the rhetorical attempt to persuade the legal community, the legislator or even public opinion of the soundness of the court’s decision. But there could be more than that. I think that contemporary theories of legal argumentation have let aside the idea that the analysis of legal argumentations can show the judges' hidden ideological and political positions by resorting to traditional legal arguments. Just as an example, it may be interesting to analyze the justificatory function of argumentations contained in two decisions taken by two constitutional courts, in Italy and in Portugal, on the same question. Why constitutional courts and not, for example, a court of first instance? Constitutional judges, apparently, do not need to persuade anybody: there is no higher judicial authority, and their interpretation of constitutional text is definitive. For this reason, one can assume that strategic argumentation plays little role in the arguments justifying their verdicts. I hope I can show that this assumption may not, fully, reflect the reality.
Pinkwart, Niels; Ashley, Kevin; Lynch, Collin; Aleven, Vincent
Argumentation is a process that occurs often in ill-defined domains and that helps deal with the ill-definedness. Typically a notion of "correctness" for an argument in an ill-defined domain is impossible to define or verify formally because the underlying concepts are open-textured and the quality of the argument may be subject to discussion or…
Matusevych, Yevgen; Alishahi, Afra; Backus, Albert
This article looks into the nature of cognitive associations between verbs and argument structure constructions (ASCs). Existing research has shown that distributional and semantic factors affect speakers' choice of verbs in ASCs. A formal account of this theory has been proposed by Ellis,
Pallant, Amy; Lee, Hee-Sun
Modeling and argumentation are two important scientific practices students need to develop throughout school years. In this paper, we investigated how middle and high school students ( N = 512) construct a scientific argument based on evidence from computational models with which they simulated climate change. We designed scientific argumentation tasks with three increasingly complex dynamic climate models. Each scientific argumentation task consisted of four parts: multiple-choice claim, openended explanation, five-point Likert scale uncertainty rating, and open-ended uncertainty rationale. We coded 1,294 scientific arguments in terms of a claim's consistency with current scientific consensus, whether explanations were model based or knowledge based and categorized the sources of uncertainty (personal vs. scientific). We used chi-square and ANOVA tests to identify significant patterns. Results indicate that (1) a majority of students incorporated models as evidence to support their claims, (2) most students used model output results shown on graphs to confirm their claim rather than to explain simulated molecular processes, (3) students' dependence on model results and their uncertainty rating diminished as the dynamic climate models became more and more complex, (4) some students' misconceptions interfered with observing and interpreting model results or simulated processes, and (5) students' uncertainty sources reflected more frequently on their assessment of personal knowledge or abilities related to the tasks than on their critical examination of scientific evidence resulting from models. These findings have implications for teaching and research related to the integration of scientific argumentation and modeling practices to address complex Earth systems.
Coffey, Holly S
This thesis proposes a change to Article 51 of the UN Charter. The use of peacetime reprisals should be afforded the same legal legitimacy under the Charter as are acts characterized as self-defense in situations of terrorism...
James A Roffee
Full Text Available Presented within this article is a systematic discourse analysis of the arguments used by the then Australian Prime Minister and also the Minister for Indigenous Affairs in explaining and justifying the extensive and contentious intervention by the federal government into remote Northern Territory Aboriginal communities. The methods used within this article extend the socio-legal toolbox, providing a contextually appropriate, interdisciplinary methodology that analyses the speech act’s rhetorical properties. Although many academics use sound-bites of pre-legislative speech in order to support their claims, this analysis is concerned with investigating the contents of the speech acts in order to understand how the Prime Minister’s and Minister for Indigenous Affairs’ argumentations sought to achieve consensus to facilitate the enactment of legislation. Those seeking to understand legislative endeavours, policy makers and speech actors will find that paying structured attention to the rhetorical properties of speech acts yields opportunities to strengthen their insight. The analysis here indicates three features in the argumentation: the duality in the Prime Minister’s and Minister’s use of the Northern Territory Government’s Little Children are Sacred report; the failure to sufficiently detail the linkages between the Intervention and the measures combatting child sexual abuse; and the omission of recognition of Aboriginal agency and consultation.
Frederico de Andrade Gabrich
Full Text Available There is no idea, business or company, private or public control, which does not require an appropriate legal strategy to be implemented as efficiently as possible. Therefore, there is no way actually know the areas of law that are directly related to the business organization, without analysis of the planning logic and implementation of ideas generally used by companies. More than that, the combination of modeling and business planning is essential, with appropriate legal and related strategic planning of business objectives. So it’s the need and the importance of developing a Legal Business Model that can be used in combination with Canvas.
Probosari, R. M.; Sajidan; Suranto; Prayitno, B. A.; Widyastuti, F.
The purposes of this study were to investigate teacher’s perception about scientific argumentation and how they practice it in their classroom. Thirty biology teachers in high school participated in this study and illustrated their perception of scientific argumentation through a questionnaire. This survey research was developed to measure teachers’ understanding of scientific argumentation, what they know about scientific argumentation, the differentiation between argument and reasoning, how they plan teaching strategies in order to make students’ scientific argumentation better and the obstacles in teaching scientific argumentation. The result conclude that generally, teachers modified various representation to accommodate student’s active participation, but most of them assume that argument and reasoning are similar. Less motivation, tools and limited science’s knowledge were considered as obstacles in teaching argumentation. The findings can be helpful to improving students’ abilities of doing scientific argumentation as a part of inquiry.
Key Words: critical thinking, Toulmin’s model of argumentation, argumentative essay, Think-Write-Pair-Share strategy Abstrak: Penelitian ini bertujuan untuk menyelidiki efektivitas model argumentasi Toulmin dalam strategi TWPS pada kemampuan berpikir kritis esai argumentative mahasiswa. Desain kuasi-eksperi-mental digunakan dengan pretest-posttest dan nonrandomized control group. Subjek dari penelitian ini adalah 38 mahasiswa semester IV di Jurusan Bahasa Inggris Universitas Negeri Malang. Kelompok eksperimen diteliti dengan menggunakan model argumentasi dalam strategi TWPS sedangkan kelom-pok kontrol diteliti tanpa strategi TWPS. Kemampuan berpikir kritis siswa diukur dengan menggunakan uji esai argumentatif. ANCOVA digunakan untuk menguji hipotesis. Temuan menunjukkan tidak ada perbedaan yang signifikan pada kemampuan berpikir kritis siswa. Namun, model argumentasi Toulmin dalam strategi TWPS terbukti meningkatkan berpikir kritis siswa seperti yang ditunjukkan oleh nilai rata-rata. Kata kunci: berpikir kritis, model argumentasi toulmin, esai argumentatif, Think-Pair-Share Write- strategy
Frederico de Andrade Gabrich
There is no idea, business or company, private or public control, which does not require an appropriate legal strategy to be implemented as efficiently as possible. Therefore, there is no way actually know the areas of law that are directly related to the business organization, without analysis of the planning logic and implementation of ideas generally used by companies. More than that, the combination of modeling and business planning is essential, with appropriate legal and related strateg...
Zhang, Zhidong; Lu, Jingyan
This study seeks to obtain argumentation models, which represent argumentative processes and an assessment structure in secondary school debatable issues in the social sciences. The argumentation model was developed based on mixed methods, a combination of both theory-driven and data-driven methods. The coding system provided a combing point by…
Takeuchi, Hironori; Nakamura, Taiga; Yamaguchi, Takahira
In a large software system development project, many documents are prepared and updated frequently. In such a situation, support is needed for looking through these documents easily to identify inconsistencies and to maintain traceability. In this research, we focus on the requirements documents such as use cases and consider how to create models from the use case descriptions in unformatted text. In the model construction, we propose a few semantic constraints based on the features of the use cases and use them for a predicate argument structure analysis to assign semantic labels to actors and actions. With this approach, we show that we can assign semantic labels without enhancing any existing general lexical resources such as case frame dictionaries and design a less language-dependent model construction architecture. By using the constructed model, we consider a system for quality analysis of the use cases and automated test case generation to keep the traceability between document sets. We evaluated the reuse of the existing use cases and generated test case steps automatically with the proposed prototype system from real-world use cases in the development of a system using a packaged application. Based on the evaluation, we show how to construct models with high precision from English and Japanese use case data. Also, we could generate good test cases for about 90% of the real use cases through the manual improvement of the descriptions based on the feedback from the quality analysis system.
Full Text Available This paper addresses several issues in argumentation theory. The over-arching goal is to discuss how a theory of analogical argument schemes fits the pragma-dialectical theory of argument schemes and argument structures, and how one should properly reconstruct both single and complex argumentation by analogy. I also propose a unified model that explains how formal valid deductive argumentation relates to argument schemes in general and to analogical argument schemes in particular. The model suggests “scheme-specific-validity” i.e. that there are contrasting species of validity for each type of argument scheme that derive from one generic conception of validity.
This study proposed an analytic framework for coding students' dialogic argumentation and investigated the characteristics of the small-group argumentation pattern observed in modeling-based learning. The participants were 122 second grade high school students in South Korea divided into an experimental and a comparison group. Modeling-based…
Prakken, H.; Sartor, Giovanni
This article reviews legal applications of logic, with a particularly marked concern for logical models of legal argument. We argue that the law is a rich test bed and important application field for logic-based AI research. First applications of logic to the representation of legal regulations are
Mayweg-Paus, Elisabeth; Macagno, Fabrizio; Kuhn, Deanna
The study presented here examines how interacting with a more capable interlocutor influences use of argumentation strategies in electronic discourse. To address this question, 54 young adolescents participating in an intervention centered on electronic peer dialogs were randomly assigned to either an experimental or control condition. In both…
Crosbie, Eric; Glantz, Stanton A
To analyse the tobacco industry's use of international trade agreements to oppose policies to strengthen health warning labels (HWLs). A review of tobacco industry documents, tobacco control legislation and international treaties. During the early 1990s, the tobacco industry became increasingly alarmed about the advancement of HWLs on cigarettes packages. In response, it requested legal opinions from British American Tobacco's law firms in Australia and England, Britain's Department of Trade and Industry and the World Intellectual Property Organisation on the legality of restricting and prohibiting the use of their trademarks, as embodied in cigarette packages. The consistent legal advice, privately submitted to the companies, was that international treaties do not shield trademark owners from government limitations (including prohibition) on the use of their trademarks. Despite receiving this legal advice, the companies publicly argued that requiring large HWLs compromised their trademark rights under international treaties. The companies successfully used these arguments as part of their successful effort to deter Canadian and Australian governments from enacting laws requiring the plan packaging of cigarettes, which helped delay large graphic HWLs, including 'plain' packaging, for over a decade. Governments should not be intimidated by tobacco company threats and unsubstantiated claims, and carefully craft HWL laws to withstand the inevitable tobacco industry lawsuits with the knowledge that the companies' own lawyers as well as authoritative bodies have told the companies that the rights they claim do not exist.
Eriksson Lundström, Jenny S. Z.
Argumentation is a highly dynamical and dialectical process drawing on human cognition. Successful argumentation is ubiquitous to human interaction. Comprehensive formal modeling and analysis of argumentation presupposes a dynamical approach to the following phenomena: the deductive logic notion, the dialectical notion and the cognitive notion of justified belief. For each step of an argumentation these phenomena form networks of rules which determine the propositions to be allowed to make se...
Fenimore, Edward E.; Ramirez, E.; Sumner, M. C.
Two main types of models have been suggested to explain the long durations and multiple peaks of Gamma Ray Bursts (GRBs). In one, there is a very quick release of energy at a central site resulting in a single relativistic shell that produces peaks in the time history through its interactions with the ambient material. In the other, the central site sporadically releases energy over hundreds of seconds forming a peak with each burst of energy. The authors show that the average envelope of emission and the presence of gaps in GRBs are inconsistent with a single relativistic shell. They estimate that the maximum fraction of a single shell that can produce gamma-rays in a GRB with multiple peaks is 10(exp (minus)3), implying that single relativistic shells require 10(exp 3) times more energy than previously thought. They conclude that either the central site of a GRB must produce (approx)10(exp 51) erg/s(exp (minus)1) for hundreds of seconds, or the relativistic shell must have structure on a scales the order of (radical)(epsilon)(Gamma)(exp (minus)1), where (Gamma) is the bulk Lorentz factor ((approximately)10(exp 2) to 10(exp 3)) and (epsilon) is the efficiency.
Kadayifci, Hakki; Yalcin-Celik, Ayse
This study examined the effectiveness of Argument-Driven Inquiry (ADI) as an instructional model in a general chemistry laboratory course. The study was conducted over the course of ten experimental sessions with 125 pre-service science teachers. The participants' level of reflective thinking about the ADI activities, changes in their science…
Greiner, G.; Heesterbeek, J.A.P.; Metz, J.A.J.
In this paper we present a generalization of a finite dimensional singular perturbation theorem to Banach spaces. From this we obtain sufficient conditions under which a faithful simplification by a time-scale argument is justified for age-structured models of slowly growing populations. An explicit
McConnell, William J.
Due to the call of current science education reform for the integration of engineering practices within science classrooms, design-based instruction is receiving much attention in science education literature. Although some aspect of modeling is often included in well-known design-based instructional methods, it is not always a primary focus. The purpose of this study was to better understand how design-based instruction with an emphasis on scientific modeling might impact students' spatial abilities and their model-based argumentation abilities. In the following mixed-method multiple case study, seven seventh grade students attending a secular private school in the Mid-Atlantic region of the United States underwent an instructional intervention involving design-based instruction, modeling and argumentation. Through the course of a lesson involving students in exploring the interrelatedness of the environment and an animal's form and function, students created and used multiple forms of expressed models to assist them in model-based scientific argument. Pre/post data were collected through the use of The Purdue Spatial Visualization Test: Rotation, the Mental Rotation Test and interviews. Other data included a spatial activities survey, student artifacts in the form of models, notes, exit tickets, and video recordings of students throughout the intervention. Spatial abilities tests were analyzed using descriptive statistics while students' arguments were analyzed using the Instrument for the Analysis of Scientific Curricular Arguments and a behavior protocol. Models were analyzed using content analysis and interviews and all other data were coded and analyzed for emergent themes. Findings in the area of spatial abilities included increases in spatial reasoning for six out of seven participants, and an immense difference in the spatial challenges encountered by students when using CAD software instead of paper drawings to create models. Students perceived 3D printed
The purpose of this study is to analyze an improvement of students’ mathematical critical thinking (CT) ability in Real Analysis course by using Rigorous Teaching and Learning (RTL) model with informal argument. In addition, this research also attempted to understand students’ CT on their initial mathematical ability (IMA). This study was conducted at a private university in academic year 2015/2016. The study employed the quasi-experimental method with pretest-posttest control group design. The participants of the study were 83 students in which 43 students were in the experimental group and 40 students were in the control group. The finding of the study showed that students in experimental group outperformed students in control group on mathematical CT ability based on their IMA (high, medium, low) in learning Real Analysis. In addition, based on medium IMA the improvement of mathematical CT ability of students who were exposed to RTL model with informal argument was greater than that of students who were exposed to CI (conventional instruction). There was also no effect of interaction between RTL model and CI model with both (high, medium, and low) IMA increased mathematical CT ability. Finally, based on (high, medium, and low) IMA there was a significant improvement in the achievement of all indicators of mathematical CT ability of students who were exposed to RTL model with informal argument than that of students who were exposed to CI.
Puig, Blanca; Ageitos, Noa; Jiménez-Aleixandre, María Pilar
There is emerging interest on the interactions between modelling and argumentation in specific contexts, such as genetics learning. It has been suggested that modelling might help students understand and argue on genetics. We propose modelling gene expression as a way to learn molecular genetics and diseases with a genetic component. The study is framed in Tiberghien's (2000) two worlds of knowledge, the world of "theories & models" and the world of "objects & events", adding a third component, the world of representations. We seek to examine how modelling and argumentation interact and connect the three worlds of knowledge while modelling gene expression. It is a case study of 10th graders learning about diseases with a genetic component. The research questions are as follows: (1) What argumentative and modelling operations do students enact in the process of modelling gene expression? Specifically, which operations allow connecting the three worlds of knowledge? (2) What are the interactions between modelling and argumentation in modelling gene expression? To what extent do these interactions help students connect the three worlds of knowledge and modelling gene expression? The argumentative operation of using evidence helps students to relate the three worlds of knowledge, enacted in all the connections. It seems to be a relationship among the number of interactions between modelling and argumentation, the connections between world of knowledge and students' capacity to develop a more sophisticated representation. Despite this is a case study, this approach of analysis reveals potentialities for a deeper understanding of learning genetics though scientific practices.
Lopez de la Vieja, Mª Teresa
Aquest article tracta de l'ús cognitiu dels textos literaris. Seguint els suggeriments d'una Novel·la, Der Vater eines Mörders, d'A Andersch, tractem d'elucidar la funció cognitiva, fins i tot argumentativa, de la literatura. Alguns arguments poden donar soportea aquest model: a) En la majoria dels casos, la filosofia moral no té a la seva disposició informació sobre situacions extremes i, d'altra banda, la filosofia no hauria de negligir aquestes experiències; b) La possibilitat de re...
Frank, A. U.; Fuhrmann, T.; Navratil, G.
3D city models represent existing physical objects and their topological and functional relations. In everyday life the rights and responsibilities connected to these objects, primarily legally defined rights and obligations but also other socially and culturally established rights, are of importance. The rights and obligations are defined in various laws and it is often difficult to identify the rules applicable for a certain case. The existing 2D cadastres show civil law rights and obligations and plans to extend them to provide information about public law restrictions for land use are in several countries under way. It is tempting to design extensions to the 3D city models to provide information about legal rights in 3D. The paper analyses the different types of information that are needed to reduce conflicts and to facilitate decisions about land use. We identify the role 3D city models augmented with planning information in 3D can play, but do not advocate a general conversion from 2D to 3D for the legal cadastre. Space is not anisotropic and the up/down dimension is practically very different from the two dimensional plane - this difference must be respected when designing spatial information systems. The conclusions are: (1) continue the current regime for ownership of apartments, which is not ownership of a 3D volume, but co-ownership of a building with exclusive use of some rooms; such exclusive use rights could be shown in a 3D city model; (2) ownership of 3D volumes for complex and unusual building situations can be reported in a 3D city model, but are not required everywhere; (3) indicate restrictions for land use and building in 3D city models, with links to the legal sources.
Morris, Janet R
Bet Tzedek, Hebrew for the "House of Justice," provides free legal assistance to older adults in Los Angeles County. Their civil attorneys work alongside prosecutors and service providers for the elderly as members of multidisciplinary teams to assist older adults with complicated elder abuse and neglect cases. Case examples demonstrate how civil attorneys collaborate with the Los Angeles County Elder Abuse Forensic Center to address financial abuse, real estate fraud, and self-neglect issues. Cooperation among the courts, Bet Tzedek, and other county agencies has resulted in more user-friendly processes to expedite filing of conservatorships and elder abuse restraining orders.
Bhatia, Jaydeep-Singh; Oaksford, Mike
When directed to ignore evidence of a witness's previous bad character because of a violation of the rules of evidence, are jurors' beliefs still affected? The intuition is that they will be because in everyday argumentation, fallacies, like the ad hominem, are effective argumentative strategies. An ad hominem argument (against the person)…
Kose, Semir; Altunyurt, Sabahattin; Yıldırım, Nuri; Keskinoğlu, Pembe; Çankaya, Tufan; Bora, Elçin; Erçal, Derya; Özer, Erdener
By looking through our ethical committee cases, we demonstrate the main arguments we use for making a judgment in face of fetal abnormalities. Our decision making model is a simplified algorithm of the arguments and concepts we use in scientific-ethic discussion. A retrospective analysis was conducted from single, tertiary referral center of patients evaluated for fetal abnormalities from 2004 to 2014. We hypothesized that all our judgments would fit into a decision-tree model. 553 fetal abnormality cases were discussed, 348 (63%) were given termination of pregnancy (TOP) proposal. When detected genetic disorders (n:100) and with mental retardation risk (n:93) ended up with TOP proposal. For incompatibility with life cases (n:111) and the multimorbidity cases (n:44) the committee suggest TOP, regardless of gestational age. The highest family approval ratios were in chromosomal abnormalities/genetic disorders group (93%), and the lowest figures were in mental retardation risk group (80%). Continuously changing literature on prenatal and postnatal therapy options and the long term outcome of various fetal abnormalities influence committee decisions. Theoretical high success rates and inconsistent data on long term prognosis of some anomaly groups resulted in heterogenous decisions and various approval ratios. © 2015 John Wiley & Sons, Ltd.
R. Panca Pertiwi Hidayati
Full Text Available Students’ ability in writing anessay, as one of language skills which can improve the creativity in language, is a serious problem that should be investigated by a deep research. Besides for showing that language as a thinking tool, writing competence can be seen as a product if we take a look from critical thinking ability measurement aspect and also as a process if we take a look at the individual development itself aspect. One of indicator for measuring the students’ critical is by the ability in delivering their argumentation style which is showed in their essay. The goal of this research is obtaining the objective discourse analysis model critical thinking map oriented in improving students’ argumentation style skills in writing anessay, hence can be used as a modelling for the growing of students’ creativity in a variety of writing skills. Based on paired-samples t test, the pre-test/post-test paired-sample is significant, because the significance (2-tailed is less than 0.05 in the standard of 95%. This is mean, there is a real difference between the ability before and after getting the treatment. The sample’s ability after getting the treatment is better than before. As well as if be compared with control class, experiment class shows the significant superiority for all aspects of essay writing assessment.
Clark, Tim; Ciccarese, Paolo N; Goble, Carole A
Scientific publications are documentary representations of defeasible arguments, supported by data and repeatable methods. They are the essential mediating artifacts in the ecosystem of scientific communications. The institutional "goal" of science is publishing results. The linear document publication format, dating from 1665, has survived transition to the Web. Intractable publication volumes; the difficulty of verifying evidence; and observed problems in evidence and citation chains suggest a need for a web-friendly and machine-tractable model of scientific publications. This model should support: digital summarization, evidence examination, challenge, verification and remix, and incremental adoption. Such a model must be capable of expressing a broad spectrum of representational complexity, ranging from minimal to maximal forms. The micropublications semantic model of scientific argument and evidence provides these features. Micropublications support natural language statements; data; methods and materials specifications; discussion and commentary; challenge and disagreement; as well as allowing many kinds of statement formalization. The minimal form of a micropublication is a statement with its attribution. The maximal form is a statement with its complete supporting argument, consisting of all relevant evidence, interpretations, discussion and challenges brought forward in support of or opposition to it. Micropublications may be formalized and serialized in multiple ways, including in RDF. They may be added to publications as stand-off metadata. An OWL 2 vocabulary for micropublications is available at http://purl.org/mp. A discussion of this vocabulary along with RDF examples from the case studies, appears as OWL Vocabulary and RDF Examples in Additional file 1. Micropublications, because they model evidence and allow qualified, nuanced assertions, can play essential roles in the scientific communications ecosystem in places where simpler, formalized and
Kluge, Eike-Henner W
Issues such as privacy, security, quality, etc. have received considerable attention in discussions of eHealth, mHealth and pHealth. However, comparatively little attention has been paid to the fact that these methods of delivering health care situate Health Information Professionals (HIPs) in an ethical context that is importantly different from that of traditional health care because they assign a fiduciary role to HIPs that they did not have before, their previous technical involvement notwithstanding. Even less attention has been paid to the fact that when these methods of health care delivery are interjurisdictional, they situate HIPs in an ethical fabric that does not exist in the intra-jurisdictional setting. Privacy and other informatic patient rights in the context of traditional health care are identified and the role that HIPs play in this connection is analysed and distinguished from the role HIPs play in eHealth in order to determine whether the 2002 IMIA Code of Ethics provides sufficient guidance for HIPs in eHealth and associated settings. The position of inter-jurisdictional corporate eHealth providers is also touched upon. It is found that in eHealth, mHealth and pHealth the ethical and legal position of HIPs differs importantly from that in traditional technologically-assisted health care because HIPs have fiduciary obligations they did not have before. It is also found that the 2002 IMIA Code of Ethics, which provides the framework for the codes of ethics that are promulgated by its various member organizations, provides insufficient guidance for dealing with issues that arise in this connection because they do not acknowledge this important change. It is also found that interjurisdictional eHealth etc. raises new ethical and legal issues for the corporate sector that transcend contractual arrangements. The 2002 IMIA Code of Ethics should be revised and updated to provide guidance for HIPs who are engaged in eHealth and related methods of health
Puig, Blanca; Ageitos, Noa; Jiménez-Aleixandre, María Pilar
There is emerging interest on the interactions between modelling and argumentation in specific contexts, such as genetics learning. It has been suggested that modelling might help students understand and argue on genetics. We propose modelling gene expression as a way to learn molecular genetics and diseases with a genetic component. The study is…
Nguyen Kim Quoc
Full Text Available The bottleneck control by active queue management mechanisms at network nodes is essential. In recent years, some researchers have used fuzzy argument to improve the active queue management mechanisms to enhance the network performance. However, the projects using the fuzzy controller depend heavily on professionals and their parameters cannot be updated according to changes in the network, so the effectiveness of this mechanism is not high. Therefore, we propose a model combining the fuzzy controller with neural network (FNN to overcome the limitations above. Results of the training of the neural networks will find the optimal parameters for the adaptive fuzzy controller well to changes of the network. This improves the operational efficiency of the active queue management mechanisms at network nodes.
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Panța Nancy Diana
Full Text Available Today’s society faces major challenges in meeting future global food demands and solving biodiversity loss, and it quickly needs to find ways in addressing these issues. The places to look for solutions come from the economic sectors that employ the most powerful pressure on these issues such as agriculture. Apiculture, as a branch of agriculture is being more and more recognized as sustaining human life and contributing to sustainability. However, the sector records a progressive decline of honey bees. Therefore, a rapid restructuring needs to take place in agricultural markets, in general, as well as in apiary agribusinesses. Although important, technological progress is insufficient in providing the necessary changes to achieve long-term economic, social and environmental sustainability, which should be considered both within and between generations. Consequently, sustainable business models encourage sustainable development through a triple bottom line approach and provide an analytical tool for firms into assessing the different aspects that are combined in order to create value. Since literature has paid little attention to the sustainable development in the apiary agribusiness, the present paper aims to link the two using a business model perspective and bring arguments in favor of moving to a sustainable business model.
Subarkah, C. Z.; Fadilah, A.; Aisyah, R.
Voltaic Cell is a sub-concept of electrochemistry that is considered difficult to be comprehended by learners Voltaic Cell is a sub concept of electrochemistry that is considered difficult to be understood by learners so that impacts on student activity in learning process. Therefore the learning model Argument Based Science Inquiry (ABSI) will be applied to the concept of Voltaic cell. This research aims to describe students’ activities during learning process using ABSI model and to analyze students’ competency to solve ABSI-based worksheets (LK) of Voltaic Cell concept. The method used in this research was the “mix-method-quantitative-embedded” method with subjects of the study: 39 second-semester students of Chemistry Education study program. The student activity is quite good during ABSI learning. The students’ ability to complete worksheet (LK) for every average phase is good. In the phase of exploration of post instruction understanding, it is categorized very good, and in the phase of negotiation shape III: comparing science ideas to textbooks or other printed resources merely reach enough category. Thus, the ABSI learning has improved the student levels of activity and students’ competency to solve the ABSI-based worksheet (LK).
Meinert, N.M.; Shappert, L.B.
Dynamic and quasi-static quarter-scale model testing was performed to supplement the analytical case presented in the Nuclear Assurance Corporation Legal Weight Truck (NAC LWT) cask transport licensing application. Four successive drop tests from 9.0 meters (30 feet) onto an unyielding surface and one 1.0-meter (40-inch) drop onto a scale mild steel pin 3.8 centimeters (1.5 inches) in diameter, corroborated the impact limiter design and structural analyses presented in the licensing application. Quantitative measurements, made during drop testing, support the impact limiter analyses. High-speed photography of the tests confirm that only a small amount of energy is elastically stored in the aluminum honeycomb and that oblique drop slapdown is not significant. The qualitative conclusion is that the limiter protected LWT cask will not sustain permanent structural damage and containment will be maintained, subsequent to a hypothetical accident, as shown by structural analyses
We consider the Ising model with competing J 1 and J 3 interactions with spin values ±1, on a Cayley tree of order 2 (with 3 neighbors). We study the structure of the ground states and verify the Peierls condition for the model. Our second result gives a description of Gibbs measures for ferromagnetic Ising model with J 1 2 = 0, using a contour argument which we also develop in the paper. (author)
Ana Lúcia Tinoco Cabral
Full Text Available This paper presents a reflection attempting to situate the concepts of justice and argumentation in Perelman’s approach in dialogue with the Bakhtin Circle’s theories. For this purpose, it analyses the concept of justice, deals with the concept of argumentation in order to situate its field and to emphasize how it supports the concept of justice, highlights the ethical and dialogical aspects of legal argumentation, establishing connections between Perelman’s ideas and dialogic principles of language, and, finally, attempts to show how different voices intersect in the argumentative confrontation through the analysis of two excerpts of legal discourses.
interpersonal relations, appropriate dispute resolution techniques and the ability to integrate law, fact, procedure and values; to provide quality legal services to the indigent thereby increasing access to justice; to promote access to and transformation of the organised legal profession by providing opportunities and.
Full Text Available This paper considers the discourse surrounding the exploitation of wetlands (also called marshlands, bogs, mires and peatlands in Finland. The focus of the paper is on the development of the arguments used in the discourse – thus the paper also gives an insight into how the legal regimes concerning wetlands have developed. The arguments are analysed using the dualistic and deconstructive model developed in Critical Legal Studies by Martti Koskenniemi. The hypothesis is that, to some extent, the model developed for international law can be adapted to fit national laws, but that significant problems may still arise. Throughout the history of discourse on wetlands, legal arguments have essentially dealt with the conflict between the conservation of wetlands or their exploitation for peat, which is a source of energy. Three arguments are discussed in this paper: 1 The ‘sovereignty argument’; 2 The ‘no harm argument’; and 3 The ‘climate change argument’. The sovereignty argument has been dominant from the beginning of the industrialised production of peat, but the no harm argument has been steadily gaining weight. Interestingly, the climate change argument lacks traction in the discourse even though the importance of wetlands in adaptation to climate change is common knowledge. This paper argues that regional and national authorities use legislation and the no harm argument in innovative ways. These innovations may be useful for the aims underlying the climate change argument.
The aim of the chapter is to study the concept of paraphrase developed by Simonnæs for describing textual elements directed at non-experts in court decisions and intended to give insight into the legal argumentation of the court. Following a discussion of the concept of paraphrase I will study two...... 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....... In the conclusion, hypotheses for further investigation of knowledge dissemination in the field of law are formulated....
Kock, Christian Erik J
dimensions are typically incommensurable. This makes a step from descriptive argument mining to normative argument assessment problematic. Subjectivity is necessarily and legitimately involved, and scalar computation of argument merit is impossible. On the other hand, normative assessment of practical...
Salaets, Thomas; Gie, Andre; Tack, Bieke; Deprest, Jan; Toelen, Jaan
Bronchopulmonary dysplasia (BPD) remains a frequent and disabling consequence of preterm birth, despite the recent advances in neonatal intensive care. There is a need to further improve outcomes and many novel therapeutic or preventive strategies are therefore investigated in animal models. We discuss in this review the aspects of human BPD pathophysiology and phenotype, which ideally should be mimicked by an animal model for this disease. Prematurity remains the common denominator in the heterogeneous spectrum of human BPD, and preterm animal models thus have a clear translational advantage. Additional factors, like excessive oxygen, mechanical ventilation and infection, which frequently have been studied in animal models, can contribute to preterm lung injury however are not indispensable to develop BPD. The phenotype of human BPD is characterized by alveolar developmental arrest with extracellular matrix remodeling, signs of obstructive airway disease and pulmonary vascular disease. Many animal models mimic this phenotype and have their place in BPD research, but results should be interpreted bearing in mind the specific advantages and disadvantages of the model. Term mice and rats are well suited for basic explorative research on specific disease mechanisms, essential for the generation of new hypotheses, while the larger ventilated preterm baboons and lambs provide a good platform for the ultimate translation of these strategies towards clinical application. The preterm rabbit model seems a promising model as it the smallest model that includes a factor of prematurity and has a unique position between the small and large animal models. Copyright© Bentham Science Publishers; For any queries, please email at email@example.com.
Deka Rachman Budihanto
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.
N. O. Tkachenko
Full Text Available Observation of legal and legislative standards of the company activities is the fundamental principle of social responsibility (SR. The results of the literature analysis show the lack of fundamental research of regulatory and legal support of formation of socially responsible conduct of pharmacists (SRCPh. AIM: modeling the legal framework and determining the completeness and content of the current regulatory and legal framework on formation of a system of SRCPh throughout the professional lifespan development. Materials and methods. The materials of the study were national and international regulatory legal acts, regulating SR, the activities of pharmaceutical organizations (PhO and getting a pharmaceutical education. During the work, such methods as searching information, systematization, content analysis, comparison and generalization were used. During the investigation, we summarized the legal framework that in various aspects forms the socially responsible conduct of the pharmacists throughout the lifespan professional development; and a model of the legal field of this process was formed. A content analysis of this regulatory framework in aspect of responsibility of the PhO and pharmacists with a description of the problem legal questions in the context of SR was carried out. In this article, attention is paid to the basic level of the legal field, within which general principles of social relations are formed in all spheres of the economy. Conclusions. We have formed a model of the legal field formation of a SRCPh system throughout the professional lifespan development. The model is a complex, multilevel system. The regulatory framework in the model is distributed according to two criteria (hierarchical and regulating relations in the system of socially responsible conduct of the pharmacists and includes 27 basic normative legal acts. We have identified problems in the legal field of the basic level of SRCPh formation: the indistinctness
Walker, Joi Phelps
To address the need for reform in undergraduate science education a new instructional model called Argument-Driven Inquiry (ADI) was developed and then implemented in a undergraduate chemistry course at a community college in the southeastern United States (Sampson, Walker, & Grooms, 2009; Walker, Sampson, & Zimmerman, in press). The ADI instructional model is designed to give a more central place to argumentation and the role of argument in the social construction of scientific knowledge. This research investigated the growth in the quality of the student generated arguments and the scientific argumentation that took place over the course of a semester. Students enrolled in two sections of General Chemistry I laboratory at the community college participated in this study. The students worked in collaborative groups of three or four. The students were given a variation of the same performance task three times during the semester in order to measure individual ability to use evidence and justify their choice of evidence with appropriate rationale. Five ADI investigations took place during the semester and the laboratory reports for each were collected from each student and the argument section of each report was scored. All the student groups were video recorded five times during the semester as they generated and evaluated arguments and the quality of the group argumentation was assessed using an instrument called the Assessment of Scientific Argumentation in the Classroom (ASAC) observation protocol. As time was the independent variable in this study a repeated measure ANOVA was used to evaluate the significance of student improvement in each area (argumentation, written argument and performance task) over the course of the semester (Trochim, 1999). In addition, a multiple regression analysis was conducted to evaluate how well the ASAC scores predicted individual scores on both the performance task and the written arguments (Green & Salkind, 2005). There was
Stab, Christian; Gurevych, Iryna
In this article, we present a novel approach for parsing argumentation structures. We identify argument components using sequence labeling at the token level and apply a new joint model for detecting argumentation structures. The proposed model globally optimizes argument component types and argumentative relations using integer linear programming. We show that our model considerably improves the performance of base classifiers and significantly outperforms challenging heuristic baselines. Mo...
Chambliss, William; Scorza, Thomas
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…
Information systems implementing requirements from laws and regulations, such as taxes and social benefits, need to be thoroughly verified to demonstrate their compliance. Several Verification and Validation (V&V) techniques, such as reliability testing, and modeling and simulation, can be used for assessing that such systems meet their legal. Typically, one has to model the expected (legal) behavior of the system in a form that can be executed (simulated), subject the resulting models and th...
In this paper the thesis is argued that there is no need for a special legal logic to deal with the defeasibility of legal arguments. An important argument for this thesis is that legal judgements ask for a complete justification and that such a complete justification requires a deductively valid
Lisett D. Páez Cuba
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.
Jirschitzka, Jens; Kimmerle, Joachim; Cress, Ulrike
In four studies we tested a new methodological approach to the investigation of evaluation bias. The usage of piecewise growth curve modeling allowed for investigation into the impact of people's attitudes on their persuasiveness ratings of pro- and con-arguments, measured over the whole range of the arguments' polarity from an extreme con to an extreme pro position. Moreover, this method provided the opportunity to test specific hypotheses about the course of the evaluation bias within certain polarity ranges. We conducted two field studies with users of an existing online information portal (Studies 1a and 2a) as participants, and two Internet laboratory studies with mostly student participants (Studies 1b and 2b). In each of these studies we presented pro- and con-arguments, either for the topic of MOOCs (massive open online courses, Studies 1a and 1b) or for the topic of M-learning (mobile learning, Studies 2a and 2b). Our results indicate that using piecewise growth curve models is more appropriate than simpler approaches. An important finding of our studies was an asymmetry of the evaluation bias toward pro- or con-arguments: the evaluation bias appeared over the whole polarity range of pro-arguments and increased with more and more extreme polarity. This clear-cut result pattern appeared only on the pro-argument side. For the con-arguments, in contrast, the evaluation bias did not feature such a systematic picture.
Full Text Available In four studies we tested a new methodological approach to the investigation of evaluation bias. The usage of piecewise growth curve modeling allowed for investigation into the impact of people's attitudes on their persuasiveness ratings of pro- and con-arguments, measured over the whole range of the arguments' polarity from an extreme con to an extreme pro position. Moreover, this method provided the opportunity to test specific hypotheses about the course of the evaluation bias within certain polarity ranges. We conducted two field studies with users of an existing online information portal (Studies 1a and 2a as participants, and two Internet laboratory studies with mostly student participants (Studies 1b and 2b. In each of these studies we presented pro- and con-arguments, either for the topic of MOOCs (massive open online courses, Studies 1a and 1b or for the topic of M-learning (mobile learning, Studies 2a and 2b. Our results indicate that using piecewise growth curve models is more appropriate than simpler approaches. An important finding of our studies was an asymmetry of the evaluation bias toward pro- or con-arguments: the evaluation bias appeared over the whole polarity range of pro-arguments and increased with more and more extreme polarity. This clear-cut result pattern appeared only on the pro-argument side. For the con-arguments, in contrast, the evaluation bias did not feature such a systematic picture.
Hill, Charles A.
A study examined the influence of two different writing tasks on the ways in which students evaluate arguments on one controversial issue. Subjects, 20 first-year college students, evaluated 2 argumentative articles on the issue of drug legalization. Subjects rated the strength of the argument of each paragraph as they read. Ten of the subjects…
The paper calls for the integration of theory and practice in legal education through integrating emotions into learning process. The ideas it aims to put forward have their roots in the work of the American educational psychologist, David A. Kolb. Using the Experiential Learning Theory Model, he elaborated on, the paper demonstrates how it can be adapted to suit legal education and what the benefits are for legal education.Este artículo propone integrar la teoría y la prá...
This paper offers a brief model of FDA regulation of currently illegal narcotics in the United States. Given that nearly three out of four Americans believe that the drug war has failed, recent calls from prominent liberal and conservative thinkers to legalize drugs, and state â€œcompassionate useâ€ ballot initiatives, future drug legalization is at least conceivable in the United States. Yet, how would the FDA regulate NLDâ€™s under its current st...
Full text: Public Information Centre of JSC Mashinastroitelny Zavod ('Elemash ' was founded in 1990. Before that any information about the enterprise (being, by the way' manufacturer of nuclear fuel for 20 NPPs, of Russia and a number of foreign countries) were forbidden to be given in mass medial conventional conversations outside the factory and even in the families of the employees. This caused the most fantastic ideas about materials and technologies used here as well as their impact on the environment in Electrostal (50 km on the east of Moscow) where the enterprise is situated. Since the moment of its creation the Centre is not only informing the population about the technological and ecological peculiarities of nuclear fuel manufacturing, but also forms positive attitude both, towards the activity of the enterprise atomic energy as a whole. During the 4 years of its existence te Center was visited by more than 5.000 people; the majority of them are schoolchildren students with whom we are in close contact because we realize that the 'pro-nuclear' orientation of the mentality should be founded in the early age when humans world outlook is-formed. In the more aged group the majority are the workers of the factories nearby, military and retired people and reporters of te town's newspapers. We've good amount of demonstration materials, which speak in favour of the atomic energy and enterprises of the nuclear fuel cycle engaged in it. These are NPPs schemes, mock-ups of nuclear reactors, assemblies manufactured by the factory and a wide variety of films on nuclear energy. Video films made in the main workshops are of peculiar interest; automation of the technology process, providing not only for nuclear fuel quality but also for high level of nuclear and radiation safety during its production. We pay attention not only to traditional arguments in favour of the atomic energy, but draw attention of the public to the fact that a factory engaged in the nuclear fuel
The rise of forensic evidence in court has confronted the legal domain with a number of difficulties. It appears that a communication gap may exist between forensic and legal experts.Judges, lawyers and other legal experts are accustomed to argumentative reasoning, whereas forensic experts usually
On the basis of summarizing the general situation of tourism environmental protection in China, this paper analyses the macro factors of tourism environmental protection by using PESTEL model. On this basis, this paper explores the improvement paths of tourism environmental protection based on PESTEL model. Finally, it puts forward the legal guarantee suggestion of tourism environment protection.
Johnson, K. W.; Grube, J. W.; Ogilvie, K. A.; Collins, D.; Courser, M.; Dirks, L. G.; Ogilvie, D.; Driscoll, D.
Children's misuse of harmful legal products (HLPs), including inhaling or ingesting everyday household products, prescription drugs, and over-the-counter drugs, constitutes a serious health problem for American society. This article presents a community prevention model (CPM) focusing on this problem among pre and early adolescents. The model,…
Theories and models are not equivalent. I argue that an orientation towards models as a primary carrier of nursing knowledge overcomes many ongoing challenges in philosophy of nursing science, including the theory-practice divide and the paradoxical pursuit of predictive theories in a discipline that is defined by process and a commitment to the non-reducibility of the health/care experience. Scientific models describe and explain the dynamics of specific phenomenon. This is distinct from theory, which is traditionally defined as propositions that explain and/or predict the world. The philosophical case has been made against theoretical universalism, showing that a theory can be true in its domain, but that no domain is universal. Subsequently, philosophers focused on scientific models argued that they do the work of defining the boundary conditions-the domain(s)-of a theory. Further analysis has shown the ways models can be constructed and function independent of theory, meaning models can comprise distinct, autonomous "carriers of scientific knowledge." Models are viewed as representations of the active dynamics, or mechanisms, of a phenomenon. Mechanisms are entities and activities organized such that they are productive of regular changes. Importantly, mechanisms are by definition not static: change may alter the mechanism and thereby alter or create entirely new phenomena. Orienting away from theory, and towards models, focuses scholarly activity on dynamics and change. This makes models arguably critical to nursing science, enabling the production of actionable knowledge about the dynamics of process and change in health/care. I briefly explore the implications for nursing-and health/care-knowledge and practice. © 2017 John Wiley & Sons Ltd.
Liebscher, Dierck-Ekkehard; Treder, Hans-Juergen
The interpretation of the Lyman-alpha forests of quasars as suggested by Hoell and Priester (1991) supports a Friedmann-Lemaitre model for the universe. The components of the Hubble expansion rate are found by a linear regression of the square of the line-spacing parameter as a polynomial in the redshift 1 + z with a vanishing linear term. In this essay, the model is restricted to the special Eddington-Lemaitre model, which develops the deSitter expansion from the Einstein universe. The regression results under this restriction are shown and some of its consequences are discussed.
van Zyl, Liezl; Walker, Ruth
Surrogate motherhood is treated as a form of adoption in many countries: the birth mother and her partner are presumed to be the parents of the child, while the intended parents have to adopt the baby once it is born. Other than compensation for expenses related to the pregnancy, payment to surrogates is not permitted. We believe that the failure to compensate surrogate mothers for their labour as well as the significant risks they undertake is both unfair and exploitative. We accept that introducing payment for surrogates would create a significant tension in the adoption model. However, we recommend rejecting the adoption model altogether rather than continuing to prohibit compensation to surrogates.
The rise of forensic evidence in court has confronted the legal domain with a number of difficulties. It appears that a communication gap may exist between forensic and legal experts.Judges, lawyers and other legal experts are accustomed to argumentative reasoning, whereas forensic experts usually quantify uncertainty with probabilities. This has resulted in a heated discussion among legal scholars about the role of numerical analyses of evidence in court. It has been argued that the source o...
Full Text Available Water resources in European legal systems have always been vested in sovereign power, regardless of their legal nature as goods vested in State property or as res communes omnium not subject to ownership. The common legal foundation of sovereign power over water resources departed once civil law jurisdictions leveled the demesne on ownership model, by introducing public ownership in the French codification of 1804, while common law jurisdiction developed a broader legal concept of property that includes even the rights to use res communes. The models led respectively to the establishment of administrative systems of water rights and markets of water rights. According to the first, public authorities’ power to manage and preserve water resources is grounded in a derogatory regime, whereby water rights, grounded on licenses or concessions, are neither transferable nor tradeable. On the contrary, environmental and social concerns in water market schemes must be enforced by means of regulation, thus limiting private property rights on water, in compliance with the constitutional and common law constraints set out to protect the minimum content of property as a fundamental human right.
Frana, Adrian W.
Examines how the 1988 Presidential Debates provide a resource for effective instruction in public argument. Provides several examples of effective (and ineffective) argumentative speaking taken from the debates. (MM)
Svoboda, Vladimír; Peregrin, Jaroslav
Roč. 30, č. 3 (2016), s. 263-287 ISSN 0920-427X R&D Projects: GA ČR(CZ) GA13-21076S Institutional support: RVO:67985955 Keywords : argumentation * logical form * incorrect argument * correct arguments Subject RIV: AA - Philosophy ; Religion Impact factor: 0.689, year: 2016
... determines that the presentation of facts and legal arguments in the briefs and record and the decisional... must be made by motion filed reasonably in advance of the date fixed for argument. (d) Participation of... such participation. The decision shall state whether the required review was made. ...
Proposes Toulmin approach to logic as an organic process alternative to the battlefield model of argumentation. Shows that in a Toulmin four part argument structure--data, warrant, backing and claim--the argument field from which the warrant and the backing arise determines the data available to support the claim. Thus the relativity of multiple…
A presentation that I gave at Computational Models of Natural Argument (CMNA) 13, a workshop hosted by the International Conference on Artificial Intelligence and Law (ICAIL) 2013. In this presentation I talk about the need for dialogue games to better support  building arguments from their constituent parts, and  relating those argument elements to the stereotypical patterns of reasoning that underpin the whole argument.
Tsai, Chun-Yen; Jack, Brady Michael; Huang, Tai-Chu; Yang, Jin-Tan
This study investigated how the instruction of argumentation skills could be promoted by using an online argumentation system. This system entitled `Cognitive Apprenticeship Web-based Argumentation' (CAWA) system was based on cognitive apprenticeship model. One hundred eighty-nine fifth grade students took part in this study. A quasi-experimental design was adopted and qualitative and quantitative analyses were used to evaluate the effectiveness of this online system in measuring students' progress in learning argumentation. The results of this study showed that different teaching strategies had effects on students' use of argumentation in the topics of daily life and the concept of `vision.' When the CAWA system was employed during the instruction and practice of argumentation on these two topics, the students' argumentation performance improved. Suggestions on how the CAWA system could be used to enhance the instruction of argumentation skills in science education were also discussed.
Edlund, Kristian Skjoldborg; Michelsen, Axel Gottlieb; Rudie, Karen
A method for modelling the class of discrete-event systems that characterise flowlines is developed. The legal languages are modelled as a set of inequalities, which effectively reduces the amount of memory needed for implementing the resulting supervisors, called inequality supervisors. An example...... demonstrates that the use of inequality supervisors can lead to an implementation where the memory usage is significantly reduced compared to both centralised and modular supervisors. In this way, the state-space explosion is mitigated by the approach presented here. Furthermore, the approach indicates...
Debenham, John; Sierra, Carles
In argumentation-based negotiation the rhetorical illocutionary particles Appeals, Rewards and Threats have implications for the players that extend beyond a single negotiation and are concerned with building (business) relationships. This paper extends an agent's relationship-building argumentative repertoire with Opinions and Advice. A framework is described that enables agents to model their relationships and to use argumentative dialogue strategically both to achieve good negotiation outcomes and to build and sustain valuable relationships.
Full Text Available The paper calls for the integration of theory and practice in legal education through integrating emotions into learning process. The ideas it aims to put forward have their roots in the work of the American educational psychologist, David A. Kolb. Using the Experiential Learning Theory Model, he elaborated on, the paper demonstrates how it can be adapted to suit legal education and what the benefits are for legal education.Este artículo propone integrar la teoría y la práctica en la educación jurídica, a través de la integración de las emociones en el proceso de aprendizaje. La propuesta se sustenta en el pensamiento elaborado por el psicólogo de la educación norteamericano David A. Kolb. El artículo demuestra que se puede adaptar la Teoría del Modelo de Aprendizaje Experiencial que él construyó a la educación en Derecho, y las ventajas que implicaría. DOWNLOAD THIS PAPER FROM SSRN: https://ssrn.com/abstract=3075147
van Laar, Jan Albert; Ribeiro, H.J.
Argumentation is a co-production by a proponent and an opponent who engage in a critical examination of their difference of opinion, aiming to resolve it on the merits of both sides, or so I assume in this paper. I shall investigate the consequences of this view for a particular type of argument
cation of these criteria in the production, analysis and evaluation of argumentative discourse (Van Eemeren et al. 1996:22). When analysing a text such as .... 4 There are a number of older works that con- sider Paul's argumentation but these often limit their analysis to aspects of style, for example the use of parallelisms, ...
Kock, Christian Erik J
rhetoric as practical reasoning, i.e., reasoning on proposals for action or choice, not on propositions that may be either true or false. Citing several contemporary philosophers, the article argues that such a definition acquits rhetorical argumentation of any culpable unconcern with truth and explains...... certain peculiar properties of it that tend to be under-theorized in argumentation theory....
The argument that the second law of thermodynamics contradicts the theory of evolution has recently been revived by anti-evolutionists. In its basic form, the argument asserts that whereas evolution implies that there has been an increase in biological complexity over time, the second law, a fundamental principle of physics, shows this to be…
Full Text Available Normative theories of argumentation tend to assume that logical and dialectical rules suffice to ensure the rationality of argumentative discourse. Yet, in everyday debates people use arguments that seem valid in light of such rules but nonetheless biased and tendentious. This article seeks to show that the rationality of argumentation can only be fully promoted if we take into account its ethical dimension. To substantiate this claim, I review some of the empirical evidence indicating that people’s inferential reasoning is systematically affected by a variety of biases and heuristics. Insofar as these cognitive illusions are typically unintentional, it appears that arguers may be biased despite their well-intended efforts to follow the rules of critical argumentation. Nevertheless, I argue that people remain responsible for the rationality of their arguments, given that there are a number of measures that they can (and ought to take to avoid such distortions. I highlight the importance of argumentational virtues and critical thinking to rational debates, and describe a set of indirect strategies of “argumentative self-control”.
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
Ben Coetzee Bester
Full Text Available In the absence of formal legal recognition, domestic partners are required to regulate the consequences of their relationship by utilising alternative regulatory measures and remedies which are, for the most part, inadequate. The traditional justification used to differentiate between domestic partners and spouses is known by some as the choice argument. The choice argument is based on the rationale that persons who choose not to marry cannot claim spousal benefits. It understands choice narrowly as it takes into account only an objective legal impediment to marriage. As such, it has been the driving force behind the non-recognition of heterosexual domestic partnerships. Same-sex domestic partnerships, on the other hand, have until recently been recognised under the choice argument on an ad hoc basis, as there existed an objective legal impediment to their marriage, namely their sexual orientation. According to the majority of legal commentators the enactment of the Civil Union Act 17 of 2006 removed the objective legal impediment against same-sex marriage. They therefore argue that the choice argument should now be applied to both heterosexual and same-sex domestic partners equally. However, the Constitutional Court has expressed some doubt as to the correctness of this assumption. Taking into consideration the choice argument's narrow understanding of choice, together with the possible unfair discrimination caused by its application, an alternative theoretical basis for the future recognition and regulation of domestic partnerships had to be found. Three possible solutions were investigated, namely the model of contextualised choice, the function-over-form approach, and finally the Smith model. Because of the invasive effect of the latter two approaches, this study advocates for the adoption of the model of contextualised choice. If adopted it would mean that the subjective considerations of domestic partners will be taken into account and
Full Text Available At the basis of tireless efforts to explain the nature of law lies the question of how judges should decide cases. Therefrom arises a need for a theory that would clarify the role of the courts and, moreover, provide guidance to them on reaching judgments. The history of legal theory abounds with various attempts to offer a generally acceptable answer to the question raised. The fervor of debate and the perpetual dissatisfaction with offered solutions prompted the thought of untamable arbitrariness of judges. In the contemporary debate the significance of argumentation is particularly emphasized as a link of the court procedure which provides reasonableness and therewith justification and persuasiveness of the decision. Before going into the matter, I will indicate in broad strokes which areas of legal theory do argumentation and interpretation belong to. The purpose of setting a conceptual framework is to prevent losing sight of the whole as well as to limit the scope of discourse to a certain section of legal issues. The second part deals with the concept of argumentation in general and some specific features of the argumentation in law. The third part examines the role of legal interpretation and draws a clear distinction between the interpretation as a process and the interpretation as a result. At the end of the discussion I shall put forward a thesis that the interpretation as a process is argumentation, while the interpretation as a result is an argument in the justification of judgment.
Romantsev, Gennadij M.; Efanov, Andrei V.; Bychkova, Ekaterina Yu.; Moiseev, Andrei V.
Formation of the law-governed state institutions in Russia, development of civil society, need for neutralizing the legal nihilism and generation of public legal culture, state demand for legally competent specialists, representing the public and social value, justify the relevancy of the investigated issue, on the one hand. On the other hand, it…
Full Text Available Argumentation is a crucial component of our lives. Although in the absence of rational debate our legal, political, and scientific systems would not be possible, there is still no integrated area of research on the psychology of argumentation. Furthermore, classical theories of argumentation are normative (i.e. the acceptability of an argument is determined by a set of norms or logical rules, which sometimes creates a dissociation between the theories and people’s behavior. We think the current challenge for psychology is to bring together the cognitive and normative accounts of argumentation. In this Perspective, we exemplify this point by analyzing two cases of argumentative structures experimentally studied in the context of cognitive psychology. Specifically, we focus on the slippery slope argument and the ad hominem argument under the frameworks of Bayesian and pragma-dialectics approaches, respectively. We think employing more descriptive and experimental accounts of argumentation would help Psychology to bring closer the cognitive and normative accounts of argumentation with the final goal of establishing an integrated area of research on the psychology of argumentation.
This book presents a comprehensive investigation into the relationship between argumentation theory and the philosophy of mathematical practice. It offers large array of examples ranging from the history of mathematics to formal proof verification.
Tatyana M. Sekretareva
Full Text Available Objective to develop a legal model of state coercion against individuals with mental disorders. Methods dialectical method analysis synthesis description explanation. Results identifying features of the semantic and meaningful understanding of state coercion against persons with mental disorders allowed to designate state coercion in respect of special category of persons as an independent state coercion which has an interdisciplinary and multidisciplinary character. Scientific novelty for the first time the article investigated the place and role of state coercion in relation to special categories of persons in the system of legal policy means state coercion against a particular category of persons is considered as an independent form of state coercion. The classification of actors is proposed who are involved in the application of state coercion against persons with mental disorders as well as the structure of state coercion consisting of preventive measures suppressive measures measures to ensure proceedings in criminal civil cases cases of administrative offenses punishment other enforcement measures. Practical significance the research results can be used to improve the system of state coercion in the Russian Federation.
Ylä-Anttila, Tuomas; Kukkonen, Anna
This paper examines the differences in the values that are evoked to justify arguments in the media debate on climate change in USA and France from 1997 to 2011. We find that climate change is more often discussed in terms of justice, democracy, and legal regulation in France, while monetary value plays a more important role as a justification for climate policy arguments in the USA. Technological and scientific arguments are more often made in France, and ecological arguments equally in both...
Nielsen, Anne Ellerup
- and macropropositions, it is a multicriterial model which takes into account both the syntactic, semantic and pragmatic features of texts. However, the model seems to offer some problems in establishing the limits between the argumentative and the descriptive text type. This imprecision is apparently due to the lack......The text-typology model developed by Jean-Michel Adam is one of the most well-defined and operational models if one wants to categorize whole texts or text fragments into smaller units. Given that a texttype is the result of specific functional and structural relations between micro...
Full Text Available In this paper it will be presented polemics about kalam cosmological argument developed in medieval islamic theology and philosophy. Main moments of that polemics was presented for a centuries earlier in Philoponus criticism of Aristotle’s thesis that the world is eternal, and of impossibilty of actual infinity. Philoponus accepts the thesis that actual infinity is impossible, but he thinks that, exactly because of that, world cannot be eternal. Namely, according to Philoponus, something cannot come into being if its existence requires the preexistence of an infinite number of other things, one arising out of the other. Philoponus and his fellowers in medieval islamic theology (Al-Kindi and Al-Ghazali, called kalam theologians, have offered arguments against the conception of a temporally infinite universe, understood as a succesive causal chain. On other side, medieval islamic thinkers, called falasifah /philosophers/ or aristotelians (Al-Farabi, Avicenna, and Averroës, have offered arguments in favor of Aristotele’s conception of the eternity of the universe. Decisive problem in disccusion between kalam i falsafa medieval muslim thinkers was the problem of infinity. They have offered very interesting arguments and counterarguments about concept of infinity. In this paper it will be presented some of the crucial moments of that arguments.
Bjoerneby, Henrik; Alvik, Ivar
The main objective of this study is to consider the legal advantages and disadvantages with different contract models given NordREG's choice of a supplier centric model with mandatory combined billing in a future Nordic end-user market for electricity.At the outset, there are today three relevant categories of agreements in place between customers, suppliers and DSOs in the Nordic electricity retail markets: the electricity supply agreements between customers and suppliers, the grid use agreements between customers and DSOs, and the grid connection agreements usually entered into between customers and DSOs. We have assumed that issues governed by the grid connection agreements will still be entered into by DSOs under a supplier centric model. Two general contract models have on this basis been considered as possible approaches to regulation of electricity supply and grid use terms under a future supplier centric model. The subcontractor model is considered in more detail in chapter 7 of this report. Under this model, the customer enters into a contract with the supplier governing both electricity supply and grid use. The supplier then enters into a separate contract with the DSO for grid use, making the DSO a subcontractor for this service. The Danish wholesale model which will be implemented from 1 October 2014 represents one example of a subcontractor model.The main advantage of the subcontractor model is that it will entitle the customer to envisage the electricity supply, including grid services, as a single service delivered by the supplier. On the other hand, the sub-contractor model will extend the responsibilities of suppliers towards customers. We discuss the advantages and disadvantages of this model further in section 7.2. The power of attorney model is considered in more detail in chapter 8 of this report. Under this model, the customer and the DSO will still formally be contract parties to the grid use agreement, but the supplier will act with a
This dissertation is about the elements that build verbs, the elements that introduce arguments, and how these elements interact to determine the interpretation of arguments and events. A theory of argument structure is a theory how arguments are introduced syntactically, interpreted semantically, and marked morphologically, and how this…
Graydon, P. J.; Holloway, C. M.
Common definitions of "safety case" emphasize that evidence is the basis of a safety argument, yet few widely referenced works explicitly define "evidence". Their examples suggest that similar things can be regarded as evidence. But the category evidence seems to contain (1) processes for finding things out, (2) information resulting from such processes, and (3) relevant documents. Moreover, any item of evidence could be replaced by further argument. Normative models of informal argumentation do not offer clear guidance on when a safety argument should cite evidence rather than appeal to a more detailed argument. Disciplines such as the law address the problem with a practical, domain-specific epistemology. In this paper, we explore these problems associated with evidence citations in safety arguments, identify goals for a theory of safety argument evidence and a practical safety argument epistemology, propose a model of safety evidence citation that advances the identified goals, and present a related extension to the Goal Structuring Notation (GSN).
Liver fibrosis is defined as excessive extracellular matrix deposition and is based on complex interactions between matrix-producing hepatic stellate cells and an abundance of liver-resident and infiltrating cells. Investigation of these processes requires in vitro and in vivo experimental work in animals. However, the use of animals in translational research will be increasingly challenged, at least in countries of the European Union, because of the adoption of new animal welfare rules in 2013. These rules will create an urgent need for optimized standard operating procedures regarding animal experimentation and improved international communication in the liver fibrosis community. This review gives an update on current animal models, techniques and underlying pathomechanisms with the aim of fostering a critical discussion of the limitations and potential of up-to-date animal experimentation. We discuss potential complications in experimental liver fibrosis and provide examples of how the findings of studies in which these models are used can be translated to human disease and therapy. In this review, we want to motivate the international community to design more standardized animal models which might help to address the legally requested replacement, refinement and reduction of animals in fibrosis research. PMID:24274743
Full Text Available This paper provides a preliminary account of fallacies on Toulmin’s model of argument, one that improves upon previous attempts to understand fallacies on this argument scheme. To do this Johnson and Blair’s (1983 taxonomy of three basic fallacies (irrelevant reason, hasty conclusion and problematic premise is examined using Toulmin’s layout.
Stovall, Richard L.
Issue management oriented public relations provides an excellent pedagogical device for anyone interested in the application of argumentation. This can be illustrated by a case study in which a commercial metals company was wrongly accused of improperly disposing of toxic waste at a particular site. To counter the bad publicity that followed the…
José Rogério Poggio Moreira
Full Text Available The development of information systems for financial report issuance must be adherent to the demands of the law and regulations that regulate the financial market. In order to perform this task, organizations need to implement control in the Information Technology (IT area to maintain their systems´ conformity to laws and regulations. In the development of this work, it was found, through a state-of-art study, that there are no proposals contemplating the solution of this problem in its totality. In order to achieve this goal, in this paper it is presented a model for Information Technology management constituted by COBIT, ITIL and BPM management good practices, together with SOA and XBRL Technologies. This model is composed by 03 layers that aim at structuring the organization IT and business processes, besides defining a process for implementing SOA and integrating its Web services with XBRL language. One can expect this work to contribute to companies to decrease the negative impact coming from the lack of conformity with laws and regulations, through the creation of a corporative and IT environment that is flexible and more adaptable to changes, which may occur in legal demands, as well as improving the quality and reliability of financial report issuance.
Santamaría-García, Hernando; Baez, Sandra; Reyes, Pablo; Santamaría-García, José A; Santacruz-Escudero, José M; Matallana, Diana; Arévalo, Analía; Sigman, Mariano; García, Adolfo M; Ibáñez, Agustín
Abstract The study of moral emotions (i.e. Schadenfreude and envy) is critical to understand the ecological complexity of everyday interactions between cognitive, affective, and social cognition processes. Most previous studies in this area have used correlational imaging techniques and framed Schadenfreude and envy as unified and monolithic emotional domains. Here, we profit from a relevant neurodegeneration model to disentangle the brain regions engaged in three dimensions of Schadenfreude and envy: deservingness, morality, and legality. We tested a group of patients with behavioural variant frontotemporal dementia (bvFTD), patients with Alzheimer’s disease, as a contrastive neurodegeneration model, and healthy controls on a novel task highlighting each of these dimensions in scenarios eliciting Schadenfreude and envy. Compared with the Alzheimer’s disease and control groups, patients with bvFTD obtained significantly higher scores on all dimensions for both emotions. Correlational analyses revealed an association between envy and Schadenfreude scores and greater deficits in social cognition, inhibitory control, and behaviour disturbances in bvFTD patients. Brain anatomy findings (restricted to bvFTD and controls) confirmed the partially dissociable nature of the moral emotions’ experiences and highlighted the importance of socio-moral brain areas in processing those emotions. In all subjects, an association emerged between Schadenfreude and the ventral striatum, and between envy and the anterior cingulate cortex. In addition, the results supported an association between scores for moral and legal transgression and the morphology of areas implicated in emotional appraisal, including the amygdala and the parahippocampus. By contrast, bvFTD patients exhibited a negative association between increased Schadenfreude and envy across dimensions and critical regions supporting social-value rewards and social-moral processes (dorsolateral prefrontal cortex, angular
Santamaría-García, Hernando; Baez, Sandra; Reyes, Pablo; Santamaría-García, José A; Santacruz-Escudero, José M; Matallana, Diana; Arévalo, Analía; Sigman, Mariano; García, Adolfo M; Ibáñez, Agustín
The study of moral emotions (i.e. Schadenfreude and envy) is critical to understand the ecological complexity of everyday interactions between cognitive, affective, and social cognition processes. Most previous studies in this area have used correlational imaging techniques and framed Schadenfreude and envy as unified and monolithic emotional domains. Here, we profit from a relevant neurodegeneration model to disentangle the brain regions engaged in three dimensions of Schadenfreude and envy: deservingness, morality, and legality. We tested a group of patients with behavioural variant frontotemporal dementia (bvFTD), patients with Alzheimer's disease, as a contrastive neurodegeneration model, and healthy controls on a novel task highlighting each of these dimensions in scenarios eliciting Schadenfreude and envy. Compared with the Alzheimer's disease and control groups, patients with bvFTD obtained significantly higher scores on all dimensions for both emotions. Correlational analyses revealed an association between envy and Schadenfreude scores and greater deficits in social cognition, inhibitory control, and behaviour disturbances in bvFTD patients. Brain anatomy findings (restricted to bvFTD and controls) confirmed the partially dissociable nature of the moral emotions' experiences and highlighted the importance of socio-moral brain areas in processing those emotions. In all subjects, an association emerged between Schadenfreude and the ventral striatum, and between envy and the anterior cingulate cortex. In addition, the results supported an association between scores for moral and legal transgression and the morphology of areas implicated in emotional appraisal, including the amygdala and the parahippocampus. By contrast, bvFTD patients exhibited a negative association between increased Schadenfreude and envy across dimensions and critical regions supporting social-value rewards and social-moral processes (dorsolateral prefrontal cortex, angular gyrus and
Ivory, Adrienne Holz
This study examines how sexual orientation of couples featured in magazine advertisements affects heterosexual viewers' responses using the elaboration likelihood model as a framework. A 3 × 2 × 2 × 3 experiment tested effects of sexual orientation, argument strength, involvement, and attitudes toward homosexuality on heterosexuals' attitudes toward the couple, advertisement, brand, and product, purchase intentions, and recall. Results indicate that consumers were accepting of ads with lesbian portrayals. Participants showed more negative attitudes toward gay male portrayals, but attitudes toward heterosexual and lesbian ads were similar. This effect was moderated by participants' attitudes toward homosexuals. Low-involvement consumers showed more negative attitudes toward homosexual portrayals than toward heterosexual portrayals, indicating that sexual orientation may have served as a peripheral cue negatively impacting attitudes toward the couple and ad under low elaboration. These effects were not observed for attitudes toward the brand and product, purchase intentions, or recall.
Don Marquis is well known for his future like ours theory (FLO), according to which the killing beings like us is seriously morally wrong because it deprives us of a future we can value. According to Marquis, human fetuses possess a future they can come to value, and thus according to FLO have a right to life. Recently Mark Brown has argued that even if FLO shows fetuses have a right to life, it fails to show that fetuses have a right to use their mother's body, evoking Judith Jarvis Thomson's famous violinist case. In the wake of Brown's conclusion, Marquis presents a new argument-the parenthood argument (PA)-which he believes shows that abortion is seriously morally wrong. Here I argue that the PA fails to show abortion is seriously morally wrong for the same reasons FLO fails to show abortion is seriously morally wrong. © 2017 John Wiley & Sons Ltd.
The controversy about the introduction and extension of the peaceful use of nuclear energy has been going on in the Federal Republic of Germany and other countries for a number of years. The intensity with which it was conducted has changed frequently, varying topics were discussed, and shifting aims formed the object of resistance. Often emotion took the place of sober pro and con. There was increasing repression of points made, both on the part of the opponents of nuclear energy and its advocates. Endeavours to free the controversy from emotion are a prerequisite of sober analysis and a balanced judgement on questions of the energy supply of this country. The call for points is to be complied with by this book. To the emotional contentions and statements made in the course of the nuclear energy discussion the author opposes sober arguments. To corroborate the argumentation and make it verifiable a compilation of facts was appended, which corresponds to the main part of the book, provides further information and establishes connections to related problems. A register of important technical terms and their definitions and a bibliography round off the information and argumentation potential. The book is addressed to all - opponents and supporters alike - who want to deal unemotionally with the pro and con of nuclear energy. It provides useful aids for argumentation and the framing of opinions to anybody participating in the discussion at the level of politics, economy, education and society. Last not least it is helpful as a source of information and reference book on questions of energy supply. (orig.) [de
Olatunji, Cyril-Mary P
In his article "An Argument for Gender Equality in Africa" Cyril-Mary P. Olatunji addresses the problematics of gender inequality in Black African society. Many scholars working on African Indigenous and non-Indigenous cultures have had something to say about the treatment of women and the topic of gender inequality in Africa. Some suggest(ed) that the roots of women's oppression are to be sought in customs and traditions and so despite of a legal system that guarantees women rights in Africa...
Cooper, Thomas W.
Much discussion within media ethics has focused on the acceptability of surreptitious tape recording of news sources by media professionals. The most common legal and social arguments supporting secret taping assert that recorders "hear" and "remember" better, are expedient and practical, protect against libel suits, provide…
As such, it has been the driving force behind the non-recognition of heterosexual domestic partnerships. Same-sex domestic partnerships, on the other hand, have until recently been recognised under the choice argument on an ad hoc basis, as there existed an objective legal impediment to their marriage, namely their ...
Rossow, Lawrence F.; Rossow, Nancy D.
Traces the legal history of prayer clubs and related religious activities in schools. Cites psychological arguments that high school students are generally independent and capable of critical thinking; contends that research is needed in determining whether high school students can specifically perceive religious neutrality. (MLF)
Veerman, A.; Andriessen, J.; Kanselaar, G.
The general purpose of this research is to discover principles for the design of educational tasks that provoke collaborative argumentation. The specific research question concentrates on the relationship between question asking and argumentation and is examined in three different collaborative
Herrmann, Janne Rothmar
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 in ...... 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....
Herrmann, Janne Rothmar
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...... 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....
Chrysikou, Evangelia G; Thompson, W Jake
One aspect of higher order social cognition is empathy, a psychological construct comprising a cognitive (recognizing emotions) and an affective (responding to emotions) component. The complex nature of empathy complicates the accurate measurement of these components. The most widely used measure of empathy is the Interpersonal Reactivity Index (IRI). However, the factor structure of the IRI as it is predominantly used in the psychological literature differs from Davis's original four-factor model in that it arbitrarily combines the subscales to form two factors: cognitive and affective empathy. This two-factor model of the IRI, although popular, has yet to be examined for psychometric support. In the current study, we examine, for the first time, the validity of this alternative model. A confirmatory factor analysis showed poor model fit for this two-factor structure. Additional analyses offered support for the original four-factor model, as well as a hierarchical model for the scale. In line with previous findings, females scored higher on the IRI than males. Our findings indicate that the IRI, as it is currently used in the literature, does not accurately measure cognitive and affective empathy and highlight the advantages of using the original four-factor structure of the scale for empathy assessments. © The Author(s) 2015.
Herbeck, Dale A.
Despite literally tens of thousands of rounds of debate competition over a number of years, little insight into argumentation theory has resulted. Debate as practiced by college debating teams has become a laboratory for perfecting itself. Permitting the divergence of debate from argumentation forfeits an ideal opportunity to study argumentation.…
The arguments put forward are: data from risk studies concerning the frequency of occurrence of core meltdown in LWR type reactors, the frequency of containment failures and resulting off-site emissions, in-plant accident management, and the hazard of hydrogen explosions. Yet unresolved problems are stated to be: the presentation of results of the German Risk Study (part DRS-B), the way accident management is dealt with, the evaluation standards applied to safety deficits, the hydrogen problem, the biological effects of low-dose radiation, the qualification of radwaste repositories, the information policy of public authorities, and the regime of governmental control and supervision. (HP) [de
Abelson, Robert P
In this illuminating volume, Robert P. Abelson delves into the too-often dismissed problems of interpreting quantitative data and then presenting them in the context of a coherent story about one's research. Unlike too many books on statistics, this is a remarkably engaging read, filled with fascinating real-life (and real-research) examples rather than with recipes for analysis. It will be of true interest and lasting value to beginning graduate students and seasoned researchers alike. The focus of the book is that the purpose of statistics is to organize a useful argument from quantitative
Di Minin, Enrico; Laitila, Jussi; Montesino Pouzols, Federico; Leader-Williams, Nigel; Slotow, Rob; Goodman, Peter; Conway, Anthony; Moilanen, Atte
Between 1990 and 2007, 15 southern white (Ceratotherium simum simum) and black (Diceros bicornis) rhinoceroses on average were killed illegally every year in South Africa. Since 2007 illegal killing of southern white rhinoceros for their horn has escalated to >950 individuals/year in 2013. We conducted an ecological-economic analysis to determine whether a legal trade in southern white rhinoceros horn could facilitate rhinoceros protection. Generalized linear models were used to examine the s...
serious challenges to efforts aimed at sharing its waters in fairness and equity. .... cause for the failure is, undoubtedly, the securitization of the issue in a bid both ...... behemoth's armour. One such chink in the armour of the hydro-hegemon is the grotesquely inequitable nature of the status quo which stands out in stark ...
... and influence the hydro-hegemon will inevitably exert to keep them in line; failure to do so would surely condemn them to live, ad infinitum, with the grotesquely inequitable status quo. Key words: Equitable utilization; Nile waters question; cooperative framework agreement; hydro-hegemony; securitization; benefit sharing; ...
Sullivan, G.; de Goede, M.
Security measures taken in the name of the ‘war on terror’ have frequently been understood to operate through a domain of exception, defined as an extra-legal space of intervention where normal rules of juridical protection and due process are suspended. Yet whilst most analyses of the exception are
Di Minin, Enrico; Laitila, Jussi; Montesino-Pouzols, Federico; Leader-Williams, Nigel; Slotow, Rob; Goodman, Peter S; Conway, Anthony J; Moilanen, Atte
Between 1990 and 2007, 15 southern white (Ceratotherium simum simum) and black (Diceros bicornis) rhinoceroses on average were killed illegally every year in South Africa. Since 2007 illegal killing of southern white rhinoceros for their horn has escalated to >950 individuals/year in 2013. We conducted an ecological-economic analysis to determine whether a legal trade in southern white rhinoceros horn could facilitate rhinoceros protection. Generalized linear models were used to examine the socioeconomic drivers of poaching, based on data collected from 1990 to 2013, and to project the total number of rhinoceroses likely to be illegally killed from 2014 to 2023. Rhinoceros population dynamics were then modeled under 8 different policy scenarios that could be implemented to control poaching. We also estimated the economic costs and benefits of each scenario under enhanced enforcement only and a legal trade in rhinoceros horn and used a decision support framework to rank the scenarios with the objective of maintaining the rhinoceros population above its current size while generating profit for local stakeholders. The southern white rhinoceros population was predicted to go extinct in the wild rhinoceros population above its current size was to provide a medium increase in antipoaching effort and to increase the monetary fine on conviction. Without legalizing the trade, implementing such a scenario would require covering costs equal to approximately $147,000,000/year. With a legal trade in rhinoceros horn, the conservation enterprise could potentially make a profit of $717,000,000/year. We believe the 35-year-old ban on rhinoceros horn products should not be lifted unless the money generated from trade is reinvested in improved protection of the rhinoceros population. Because current protection efforts seem to be failing, it is time to evaluate, discuss, and test alternatives to the present policy. © 2014 The Authors. Conservation Biology published by wiley
Arzarello, Ferdinando; Sabena, Cristina
We present a model to analyze the students' activities of argumentation and proof in the graphical context of Elementary Calculus. The theoretical background is provided by the integration of Toulmin's structural description of arguments, Peirce's notions of sign, diagrammatic reasoning and abduction, and Habermas' model for rational behavior.…
Wolfe, Christopher R.; Britt, M. Anne; Butler, Jodie A.
This article describes a cognitive argumentation schema for written arguments and presents three empirical studies on the "myside" bias--the tendency to ignore or exclude evidence against one's position. Study 1 examined the consequences of conceding, rebutting, and denying other-side information. Rebuttal led to higher ratings of…
Seda Cetin, Pinar
Background: Argumentation is accepted by many science educators as a major component of science education. Many studies have investigated students' conceptual understanding and their engagement in argumentative activities. However, studies conducted in the subject of chemistry are very rare. Purpose: The present study aimed to investigate the effects of argumentation-based chemistry lessons on pre-service science teachers' understanding of reaction rate concepts, their quality of argumentation, and their consideration of specific reaction rate concepts in constructing an argument. Moreover, students' perceptions of argumentation lessons were explored. Sample: There were 116 participants (21 male and 95 female), who were pre-service first-grade science teachers from a public university. The participants were recruited from the two intact classes of a General Chemistry II course, both of which were taught by the same instructor. Design and methods: In the present study, non-equivalent control group design was used as a part of quasi-experimental design. The experimental group was taught using explicit argumentation activities, and the control group was instructed using traditional instruction. The data were collected using a reaction rate concept test, a pre-service teachers' survey, and the participants' perceptions of the argumentation lessons questionnaire. For the data analysis, the Wilcoxon Signed Rank Test, the Mann-Whitney U-test and qualitative techniques were used. Results: The results of the study indicated that an argumentation-based intervention caused significantly better acquisition of scientific reaction rate-related concepts and positively impacted the structure and complexity of pre-service teachers' argumentation. Moreover, the majority of the participants reported positive feelings toward argumentation activities. Conclusions: As students are encouraged to state and support their view in the chemistry classroom when studying reaction rate, it was
Wheeler, Lindsay B.; Maeng, Jennifer L.; Smetana, Lara K.
This article outlines how to incorporate argumentation into a forensic science unit using a mock trial. Practical details of the mock trial include: (1) a method of scaffolding students' development of their argument for the trial, (2) a clearly outlined set of expectations for students during the planning and implementation of the mock…
The purpose of this report is to evaluate and document the screening of the clad degradation features, events, and processes (FEPs) with respect to modeling used to support the Total System Performance Assessment-License Application (TSPA-LA). This report also addresses the effect of certain FEPs on both the cladding and the commercial spent nuclear fuel (CSNF), DOE-owned spent nuclear fuel (DSNF), and defense high-level waste (DHLW) waste forms, as appropriate to address the effects on multiple materials and both components (FEPs 2.1.09.09.0A, 2.1.09.11.0A, 2.1.11.05.0A, 2.1.12.02.0A, and 2.1.12.03.0A). These FEPs are expected to affect the repository performance during the postclosure regulatory period of 10,000 years after permanent closure. Table 1-1 provides the list of cladding FEPs, including their screening decisions (include or exclude). The primary purpose of this report is to identify and document the analysis, screening decision, and TSPA-LA disposition (for included FEPs) or screening argument (for excluded FEPs) for these FEPs related to clad degradation. In some cases, where a FEP covers multiple technical areas and is shared with other FEP reports, this report may provide only a partial technical basis for the screening of the FEP. The full technical basis for shared FEPs is addressed collectively by the sharing FEP reports. The screening decisions and associated TSPA-LA dispositions or screening arguments from all of the FEP reports are cataloged in a project-specific FEPs database
The idealised land|water dichotomy is most obviously challenged by ice when ‘land practice’ takes place on ice or when ‘maritime practice’ is obstructed by ice. Both instances represent disparity between the legal codification of space and its social practice. Logically, then, both instances call...... for alternative legal thought and practice; in the following I will emphasise the former and reflect upon the relationship between ice, law and politics. Prior to this workshop I had worked more on the relationship between cartography, geography and boundaries than specifically on ice. Listening to all...
José David Cortés Guerrero
Full Text Available This article shows the arguments, pros and cons, about religious tolerance in Colombia between 1832 and 1853 before it was legalized by the constitution of that year. Therefore, we are not interested about the arrival of different churches than the Catholic but we want to present the previous discussions that allowed their later arrival. Equally, the article shows the pragmatic vision of the tolerance, which was seen as a necessary concept for civilization and progress.
Vladimir S. Kukhlivskiy
Full Text Available CIS members legislation regulating judicial proceedings on individual constitutional complaints is in the process of development, the relevant problems are debated by leading experts on national and international level. In view of the aforesaid this article is devoted to core concept of constitutional complaint - the model of complaint and contains comparative legal analysis of models incorporated in legislation of CIS members in different historical periods. The author proposes to enlarge the list of objects of constitutional complaint so that it includes all types of normative acts as well as individual acts, i.e. to introduce the model of full constitutional complaint. The named measures are aimed to strengthen protection of constitutional human rights in Russia and also to decrease the number of complaints against Russia filed to European Court of Human Rights.
The delivery of Information and Communication Technology (ICT) services is changing fundamentally. Cloud-based services are replacing traditional local - or on-premises - software and infrastructure installations for many public sector organisations. This applies to government but also to public research organisations, including libraries, which currently deal with the outburst of big data and the need for additional computing capacity. While technology service options continue to evolve, procurement processes and policies have remained firmly rooted in historical practices that are no longer effective. In order for public research organisations of all sizes to take advantage of the best solutions the market has to offer nowadays, a more flexible and agile procurement process must be created and implemented. The objective of this presentation is to review strategies and tips in order to help procurers implement and publish a Joint Pre-Commercial Procurement tender; including: General legal framework of PC...
Unsafe abortion's significant contribution to maternal mortality and morbidity was a critical factor leading to liberalization of Nepal's restrictive abortion law in 2002. Careful, comprehensive planning among a range of multisectoral stakeholders, led by Nepal's Ministry of Health and Population, enabled the country subsequently to introduce and scale up safe abortion services in a remarkably short timeframe. This paper examines factors that contributed to rapid, successful implementation of legal abortion in this mountainous republic, including deliberate attention to the key areas of policy, health system capacity, equipment and supplies, and information dissemination. Important elements of this successful model of scaling up safe legal abortion include: the pre-existence of postabortion care services, through which health-care providers were already familiar with the main clinical technique for safe abortion; government leadership in coordinating complementary contributions from a wide range of public- and private-sector actors; reliance on public-health evidence in formulating policies governing abortion provision, which led to the embrace of medical abortion and authorization of midlevel providers as key strategies for decentralizing care; and integration of abortion care into existing Safe Motherhood and the broader health system. While challenges remain in ensuring that all Nepali women can readily exercise their legal right to early pregnancy termination, the national safe abortion program has already yielded strong positive results. Nepal's experience making high-quality abortion care widely accessible in a short period of time offers important lessons for other countries seeking to reduce maternal mortality and morbidity from unsafe abortion and to achieve Millennium Development Goals. PMID:22475782
Full Text Available Abstract Unsafe abortion's significant contribution to maternal mortality and morbidity was a critical factor leading to liberalization of Nepal's restrictive abortion law in 2002. Careful, comprehensive planning among a range of multisectoral stakeholders, led by Nepal's Ministry of Health and Population, enabled the country subsequently to introduce and scale up safe abortion services in a remarkably short timeframe. This paper examines factors that contributed to rapid, successful implementation of legal abortion in this mountainous republic, including deliberate attention to the key areas of policy, health system capacity, equipment and supplies, and information dissemination. Important elements of this successful model of scaling up safe legal abortion include: the pre-existence of postabortion care services, through which health-care providers were already familiar with the main clinical technique for safe abortion; government leadership in coordinating complementary contributions from a wide range of public- and private-sector actors; reliance on public-health evidence in formulating policies governing abortion provision, which led to the embrace of medical abortion and authorization of midlevel providers as key strategies for decentralizing care; and integration of abortion care into existing Safe Motherhood and the broader health system. While challenges remain in ensuring that all Nepali women can readily exercise their legal right to early pregnancy termination, the national safe abortion program has already yielded strong positive results. Nepal's experience making high-quality abortion care widely accessible in a short period of time offers important lessons for other countries seeking to reduce maternal mortality and morbidity from unsafe abortion and to achieve Millennium Development Goals.
Full Text Available Among different arguments for the existence of God the Kalam cosmological argument is a very famous one which is elaborated by Professor William lane Craig. Craig claims that the universe began to exist , then he continues to say: everything that begins to exist has a cause and therefore the universe has a cause. But how do we know that the universe began to exist? This premise forms the most important part of Craig’s contention, and he bolsters it by four arguments, the first two are driven from philosophy and the other two, which he prefers to name them “confirmations from sciences” are driven from sciences the first one evokes to big bang theory and the seconds to the second principle of thermodynamic which are respectively adopted from cosmology and physics. In this essay we are going to survey Craig’s arguments and estimate their value and weight.
Full Text Available Among different arguments for the existence of God the Kalam cosmological argument is a very famous one which is elaborated by Professor William lane Craig. Craig claims that the universe began to exist , then he continues to say: everything that begins to exist has a cause and therefore the universe has a cause. But how do we know that the universe began to exist? This premise forms the most important part of Craig’s contention, and he bolsters it by four arguments, the first two are driven from philosophy and the other two, which he prefers to name them “confirmations from sciences” are driven from sciences the first one evokes to big bang theory and the seconds to the second principle of thermodynamic which are respectively adopted from cosmology and physics. In this essay we are going to survey Craig’s arguments and estimate their value and weight.
Full Text Available Among different arguments for the existence of God the Kalam cosmological argument is a very famous one which is elaborated by Professor William lane Craig. Craig claims that the universe began to exist, then he continues to say: everything that begins to exist has a cause and therefore the universe has a cause. But how do we know that the universe began to exist? This premise forms the most important part of Craig’s contention, and he bolsters it by four arguments, the first two are driven from philosophy and the other two, which he prefers to name them “confirmations from sciences” are driven from sciences; the first one evokes to big bang theory and the seconds to the second principle of thermodynamic which are respectively adopted from cosmology and physics.In this essay we are going to survey Craig’s arguments and estimate their value and weight.
Kanselaar, G.; Veerman, A.L.; Andriessen, J.E.B.
The general purpose of this research is todiscover principles for the design ofeducational tasks that provoke collaborativeargumentation. The specific research questionconcentrates on the relationship betweenquestion asking and argumentation and isexamined in three different collaborativelearning
Efficient Computation of Argumentation Semantics addresses argumentation semantics and systems, introducing readers to cutting-edge decomposition methods that drive increasingly efficient logic computation in AI and intelligent systems. Such complex and distributed systems are increasingly used in the automation and transportation systems field, and particularly autonomous systems, as well as more generic intelligent computation research. The Series in Intelligent Systems publishes titles that cover state-of-the-art knowledge and the latest advances in research and development in intelligen
Nitta, Katsumi; Shibasaki, Masato; Yasumura, Yoshiaki; Hasegawa, Ryuzo; Fujita, Hiroshi; Koshimura, Miyuki; Inoue, Katsumi; Shirai, Yasuyuki; Komatsu, Hiroshi
We present an overview of a legal negotiation support system, ANS (Argumentation based Negotiation support System). ANS consists of a user interface, three inference engines, a database of old cases, and two decision support modules. The ANS users negotiates or disputes with others via a computer network. The negotiation status is managed in the form of the negotiation diagram. The negotiation diagram is an extension of Toulmin’s argument diagram, and it contains all arguments insisted by participants. The negotiation protocols are defined as operations to the negotiation diagram. By exchanging counter arguments each other, the negotiation diagram grows up. Nonmonotonic reasoning using rule priorities are applied to the negotiation diagram.
Watterson, Lucas R; Watterson, Elizabeth; Olive, Michael Foster
In the last few years, the variety and recreational use of 'legal high' designer stimulants has increased to unprecedented levels. Since their rapid emergence in drug markets, numerous adverse physical and psychological effects have been extensively reported. However, less is understood about the potential for compulsive use of and addiction to these drugs. Recently, a small collection of scientific studies assessing the abuse liability of these drugs has emerged. This new knowledge has been derived primarily from animal studies using behaviorally based procedures which include intravenous self-administration, conditioned place preference, intracranial self-stimulation, and drug discrimination. In this review we present a brief history of the recent rise in designer stimulant use followed by a short methodological description of the aforementioned procedures. We then review neurochemical and abuse liability studies on designer stimulants that have been examined to date. Finally, we conclude with a discussion of these collective findings, our current understanding of the abuse liability of these drugs in relation to each other and the illicit drugs they are designed to mimic, and recommend future research directions.
Armstrong, James M. [BAE Systems Systems Engineering Innovation Centre (SEIC), University of Loughborough (United Kingdom)]. E-mail: J.M.Armstrong@lboro.ac.uk; Paynter, Stephen E. [MBDA UK Ltd, Filton, Bristol (United Kingdom)]. E-mail: firstname.lastname@example.org
The project Deconstructive Evaluation of Risk In Dependability Arguments and Safety Cases (DERIDASC) has recently experimented with techniques borrowed from literary theory as safety case analysis techniques [Armstrong. Danger: Derrida at work. Interdiscipl Sci Rev 2003;28(2):83-94. ; Armstrong J, Paynter S. Safe systems: construction, destruction, and deconstruction. In: Redmill F, Anderson T, editors. Proceedings of the 11th safety critical systems symposium, Bristol, UK. Berlin: Springer; 2003. p. 62-76. ISBN:1-85233-696-X. ]. This paper introduces our high-level framework for 'deconstructing' safety arguments. Our approach is quite general and should be applicable to different types of safety argumentation framework. As one example, we outline how the approach would work in the context of the Goal Structure Notation (GSN)
Armstrong, James M.; Paynter, Stephen E.
The project Deconstructive Evaluation of Risk In Dependability Arguments and Safety Cases (DERIDASC) has recently experimented with techniques borrowed from literary theory as safety case analysis techniques [Armstrong. Danger: Derrida at work. Interdiscipl Sci Rev 2003;28(2):83-94. ; Armstrong J, Paynter S. Safe systems: construction, destruction, and deconstruction. In: Redmill F, Anderson T, editors. Proceedings of the 11th safety critical systems symposium, Bristol, UK. Berlin: Springer; 2003. p. 62-76. ISBN:1-85233-696-X. ]. This paper introduces our high-level framework for 'deconstructing' safety arguments. Our approach is quite general and should be applicable to different types of safety argumentation framework. As one example, we outline how the approach would work in the context of the Goal Structure Notation (GSN)
Inciardi, James A.; McBride, Duane C.
Analyzes the major proposals for drug legalization and discusses the possible consequences of these efforts if successful. Argues that the legalization of drugs would be an extremely complex undertaking and that most calls for such action do not offer specific proposals. Points out research that supports arguments against legalization of drugs.…
Fisher, Matthew; Keil, Frank
Argumentation is an important way to reach new understanding. Strongly caring about an issue, which is often evident when dealing with controversial issues, has been shown to lead to biases in argumentation. We suggest that people are not well calibrated in assessing their ability to justify a position through argumentation, an effect we call the illusion of argument justification. Furthermore we find that caring about the issue further clouds this introspection. We first show this illusion by measuring the difference between ratings before and after producing an argument for one’s own position. The strength of the illusion is predicted by the strength of care for a given issue (Study 1). The tacit influences of framing and priming do not override the effects of emotional investment in a topic (Study 2). However, explicitly considering counterarguments removes the effect of care when initially assessing the ability to justify a position (Study 3). Finally, we consider our findings in light of other recent research and discuss the potential benefits of group reasoning. PMID:23506085
for alternative legal thought and practice; in the following I will emphasise the former and reflect upon the relationship between ice, law and politics. Prior to this workshop I had worked more on the relationship between cartography, geography and boundaries than specifically on ice. Listening to all...... the interesting conversations during the workshop, however, made me think that much of the concern with the Polar Regions in general, and the presence of ice in particular, reverberates around the question of how to accommodate various geographical presences and practices within the regulatory framework that we...
A large part of environmental policy is based upon scientific studies of the likely health, safety, and ecological consequences of human actions and practices. These studies, however, are frequently vulnerable to epistemological and methodological criticisms which challenge their validity. Epistemological criticisms can be used in ethical and political philosophy arguments to challenge the applicability of scientific knowledge to environmental policy, and, in turn, to challenge the democratic basis of specific environmental policies themselves. Uncertainty arguments thus draw upon philosophy of science, epistemology, ethics, and political philosophy to establish conclusions of practical relevance to environmental quality. A theory of how and when uncertainty arguments ought to be given credence in environmental decision making requires an account of how scientific research ought to integrated into environmental policy generally, plus an account of how public environmental policy is to be set in a democracy.
Critics argue that non-cognitivism cannot adequately account for the existence and nature of some thick moral concepts. They use the existence of thick concepts as a lever in an argument against non-cognitivism, here called the Thick Concept Argument (TCA). While TCA is frequently invoked......, it is unfortunately rarely articulated. In this paper, TCA is first reconstructed on the basis of John McDowell’s formulation of the argument (from 1981), and then evaluated in the light of several possible non-cognitivist responses. In general, TCA assumes too much about what a non-cognitivist is (or must be......) committed to. There are several non-cognitivist theories, and only some fit the view attacked by TCA. Furthermore, TCA rests on a contestable intuition about a thought experiment, here called the External Standpoint Experiment (ESE). It is concluded that TCA is remarkably weak, given how frequently...
The paper begins by situating Singer within the British meta-ethical tradition. It sets out the main steps in his argument for utilitarianism as the 'default setting' of ethical thought. It argues that Singer's argument depends on a hierarchy of reasons, such that the ethical viewpoint is understood to be an adaptation--an extension--of a fundamental self-interest. It concludes that the argument fails because it is impossible to get from this starting-point in self-interest to his conception of the ethical point of view. The fundamental problem is its mixing the immiscible: the Humean subordination of reason to interest with the Kantian conception of reason as universal and authoritative.
Wan Abdul Fattah Wan Ismail
Full Text Available Falsification of documents does not only happen in civil courts. Shariah courts also face the same problems despite being ‘religiously’-oriented courts. It can be argued that, in the case of Malaysia, civil courts have clearer guidelines regarding the authentication of documents compared to Shariah courts. This study utilised a questionnaire survey as well as interviews in collecting data to measure the perceptions and opinions of relevant respondents with various stake holdings from those who practice law, with a Shariah and civil background. It should be noted that the key informants were comprised of forensic experts Shariah and civil practitioners. Analysis of the collected data indicates that the necessity of forming a legal forensic model is supported by the majority of the participants, which, therefore, implies that a forensic model that makes the authentication of documents more structured, clear and practical must be formed in Shariah courts. The practice of civil courts in relation to the authentication of documents should be used as a model in Shariah courts so long as they comply with the principles of Islamic law.
Wildberg, D.W.; Herrmann, H.J.
In the Federal Republic of Germany, the model-based planning, construction and operation of nuclear facilities is still in its initial stages. Based on a few examples, the authors show that with the atomic energy legislature and with the laws in the conventional sector, the legislator had enacted requirements at a relatively early stage for the protection of the individual person in the facility and for the population at large in the vicinity of the facility. However, in the realization of these protection requirements, there are still problems, and these are often very basic in nature. The best solution here seems to be to tackle the problems with the help of models. This would permit subjects like serviceability, testability, use of external personnel, spatial distribution of redundancies, rescue of injured persons, fire protection measures, physical protection and the dismantling of facilities, which are multifarious in nature and have overlapping requirements, to be presented and discussed in greater depth and detail. The positive aspects of the use of models are presented, and the advantages and disadvantages of models are discussed in detail. Finally, the variety of models, which can ben used during the different phases of a nuclear facility, are discussed, and some remarks are made regarding the costs of models. One section of the report deals with examples of the practical use of models: Models have proved themselves in the past in the construction of refineries and chemical plants, and have successfully demonstrated their suitability in the field of nuclear technology. The examples of these need not be limited to those in the Federal Republic of Germany. (orig.) 891 HP [de
Grosse, Claudia; Grosse, Alexandra
This paper presents three different models of the legal regulation of assisted suicide in European countries. First, the current legal regime governing assisted suicide in the Netherlands is described where both euthanasia and assisted suicide have been legalised. This section also includes some empirical data on euthanasia and assisted-suicide practices in the Netherlands, as well as a comparison with the current legal legislation in Belgium and Luxembourg. Next, Switzerland is presented as a country where euthanasia is punishable by law but assisted suicide is legally allowed, provided it is not carried out with selfish motives. This section also focuses on the assisted-suicide-related case law of the Swiss Federal Supreme Court and the European Court of Human Rights. Last, the current legal situation regarding assisted suicide in Austria and Germany is described. While the Austrian Penal Code explicitly prohibits assisted suicide, assistance with suicide is not specifically regulated by the German Penal Code. However, medical doctors are not allowed to assist suicides according to the professional codes of conduct drawn up by the German medical associations under the supervision of the health authorities. © The Author(s) 2014.
Full Text Available We present several application of simple topological arguments in problems of Kolmogorov complexity. Basically we use the standard fact from topology that the disk is simply connected. It proves to be enough to construct strings with some nontrivial algorithmic properties.
Di Nucci, Ezio
I offer eight arguments against the Doctrine of Double Effect, a normative principle according to which in pursuing the good it is sometimes morally permissible to bring about some evil as a side-effect or merely foreseen consequence: the same evil would not be morally justified as an intended...
Discusses a course in which female students were instructed to compose argumentative compositions in the empathic style of Carl Rogers. Reports that students disliked the style, believing it pretended to accept minority opinions while making women feel as if they had to change their views to belong to the majority culture. (SG)
Badesa, C.; Bertran-San Millán, Joan
Roč. 38, č. 4 (2017), s. 316-341 ISSN 0144-5340 Institutional support: RVO:67985955 Keywords : identity * Frege * logic * function * argument Subject RIV: AA - Philosophy ; Religion OBOR OECD: Philosophy, History and Philosophy of science and technology Impact factor: 0.286, year: 2016
Koning, Aafke M. H.; Mol, Ben Willem; Dondorp, Wybo J.
Obesity can lead to anovulation and subfertility. Around the world fertility treatment is withheld from women above a certain BMI, ranging from 25 to 40 kg/m2. The proponents of this policy use three different arguments to justify their restrictions: risks to the woman, health and wellbeing of the
This article deals with various opinions and assertions regarding drug legalization. Societal and clinical implication regarding the effect of decrease or increase in the use of psyhoactive substances, on public health, violence and criminal activities have been pointed out. The relation between legal and illegal drugs has been considered. Special attention has been paid to arguments on legalization and decriminalization of marihuana and possible consequences on the risk group-children and adolescents. Experiences from USA and some European countries have been presented. Having in mind the specific situation in BiH, the author of article gives her own view and suggest the introduction of harm reduction strategy into BiH drug policy, without changing the legal drug status.
Marc Simon Thomas
Full Text Available Since the 1990s, there has been an increasing interest in mediation in the Netherlands, as part of a set of ‘alternative dispute resolution’ methods. Politicians, lawyers and practitioners have embraced mediation as a legitimate method for settling disputes, alongside the adjudication of conflicts in courts of law. However, there is a striking lack of literature aimed at theorizing mediation from a legal perspective. This article argues that the legal anthropology literature on disputes and dispute settlement offers useful insights for understanding mediation from a ‘legal research’ point of view. This is because a lot of current common knowledge on mediation has its roots in a legal anthropological understanding. The argument that is set forth in this article is that the most important lesson that can be learned is that mediation should not be seen in isolation, but as part of a social process.
Full Text Available We propose in this paper to use Ludics as a unified framework for the analysis of dialogue and the reasoning system. Not only is Ludics a logical theory, but it may also be built by means of concepts of game theory. We first present the main concepts of Ludics. A design is an abstraction and a generalization of the concept of proof. Interaction between designs is equivalent to cut elimination or modus ponens in logical theories. It appears to be a natural means for representing dialogues and also for reasoning. A design is a set of sequences of alternate actions, similar to a move in game theory. We apply Ludics to argumentative dialogues. We discuss how to model the speech acts of argumentative dialogues in terms of dialogue acts. A dialogue act is given by a Ludics action together with the expression that reveals the action in a turn of speech. We show also how arguments may be stored in a commitment state used for reasoning. Finally we revisit an example of juridical dialogue that has been analyzed by Prakken in a different framework.
Langelotz, C; Koplin, G; Pascher, A; Lohmann, R; Köhler, A; Pratschke, J; Haase, O
Background Between the conflicting requirements of clinic organisation, the European Working Time Directive, patient safety, an increasing lack of junior staff, and competitiveness, the development of ideal duty hour models is vital to ensure maximum quality of care within the legal requirements. To achieve this, it is useful to evaluate the actual effects of duty hour models on staff satisfaction. Materials and Methods After the traditional 24-hour duty shift was given up in a surgical maximum care centre in 2007, an 18-hour duty shift was implemented, followed by a 12-hour shift in 2008, to improve handovers and reduce loss of information. The effects on work organisation, quality of life and salary were analysed in an anonymous survey in 2008. The staff survey was repeated in 2014. Results With a response rate of 95% of questionnaires in 2008 and a 93% response rate in 2014, the 12-hour duty model received negative ratings due to its high duty frequency and subsequent social strain. Also the physical strain and chronic tiredness were rated as most severe in the 12-hour rota. The 18-hour duty shift was the model of choice amongst staff. The 24-hour duty model was rated as the best compromise between the requirements of work organisation and staff satisfaction, and therefore this duty model was adapted accordingly in 2015. Conclusion The essential basis of a surgical department is a duty hour model suited to the requirements of work organisation, the Working Time Directive and the needs of the surgical staff. A 12-hour duty model can be ideal for work organisation, but only if augmented with an adequate number of staff members, the implementation of this model is possible without the frequency of 12-hour shifts being too high associated with strain on surgical staff and a perceived deterioration of quality of life. A staff survey should be performed on a regular basis to assess the actual effects of duty hour models and enable further optimisation. The much
Umeda, Yuichi; Takahashi, Takehisa; Sawamura, Hajime
Argumentation is the most representative of intelligent activities of humans. Therefore, it is natural to think that it could have many implications for artificial intelligence and computer science as well. Specifically, argumentation may be considered a most primitive capability for interaction among computational agents. In this paper we present an argumentation framework based on the four-valued paraconsistent logic. Tolerance and acceptance of inconsistency that this logic has as its logical feature allow for arguments on inconsistent knowledge bases with which we are often confronted. We introduce various concepts for argumentation, such as arguments, attack relations, argument justification, preferential criteria of arguments based on social norms, and so on, in a way proper to the four-valued paraconsistent logic. Then, we provide the fixpoint semantics and dialectical proof theory for our argumentation framework. We also give the proofs of the soundness and completeness.
Di Minin, Enrico; Laitila, Jussi; Montesino-Pouzols, Federico; Leader-Williams, Nigel; Slotow, Rob; Goodman, Peter S; Conway, Anthony J; Moilanen, Atte
Between 1990 and 2007, 15 southern white (Ceratotherium simum simum) and black (Diceros bicornis) rhinoceroses on average were killed illegally every year in South Africa. Since 2007 illegal killing of southern white rhinoceros for their horn has escalated to >950 individuals/year in 2013. We conducted an ecological–economic analysis to determine whether a legal trade in southern white rhinoceros horn could facilitate rhinoceros protection. Generalized linear models were used to examine the socioeconomic drivers of poaching, based on data collected from 1990 to 2013, and to project the total number of rhinoceroses likely to be illegally killed from 2014 to 2023. Rhinoceros population dynamics were then modeled under 8 different policy scenarios that could be implemented to control poaching. We also estimated the economic costs and benefits of each scenario under enhanced enforcement only and a legal trade in rhinoceros horn and used a decision support framework to rank the scenarios with the objective of maintaining the rhinoceros population above its current size while generating profit for local stakeholders. The southern white rhinoceros population was predicted to go extinct in the wild Costo Económico con Referencia Espacial y de Beneficio a la Biodiversidad y la Efectividad de una Estrategia de Determinación de Costos Resumen Entre 1990 y 2007, en promedio fueron cazados ilegalmente cada año 15 rinocerontes sureños blancos (Ceratotherium simum simum) y negros (Diceros bicornis) en Sudáfrica. Desde 2007 la caza ilegal de rinocerontes sureños blancos por su cuerno ha escalado a más de 950 individuos al año en 2013. Llevamos a cabo un análisis ecológico-económico para determinar si el comercio legal de cuerno de rinoceronte sureño blanco podría facilitar la protección del rinoceronte. Se usaron modelos lineales generalizados para examinar a los conductores socio-económicos de la caza furtiva, con base en datos colectados desde 1990 hasta 2013, y
Narcis Eduard MITU; Alia Gabriela DUŢĂ
The legal relationship is a patrimonial or non-patrimonial social relationship regulated by a rule of law. Any legal relationship is a social relationship, but not any social relationship is a legal relationship. The law maker has the power to select, of the multitude of human relationships, those who gives importance in terms of legal perspective, encoding them through legal regulations.
Tuohey, J F
Catholic healthcare should establish comprehensive compliance strategies, beyond following Medicare reimbursement laws, that reflect mission and ethics. A covenant model of business ethics--rather than a self-interest emphasis on contracts--can help organizations develop a creed to focus on obligations and trust in their relationships. The corporate integrity program (CIP) of Mercy Health System Oklahoma promotes its mission and interests, educates and motivates its employees, provides assurance of systemwide commitment, and enforces CIP policies and procedures. Mercy's creed, based on its mission statement and core values, articulates responsibilities regarding patients and providers, business partners, society and the environment, and internal relationships. The CIP is carried out through an integrated network of committees, advocacy teams, and an expanded institutional review board. Two documents set standards for how Mercy conducts external affairs and clarify employee codes of conduct.
This paper develops a probabilistic reconstruction of the No Miracles Argument (NMA) in the debate between scientific realists and anti-realists. The goal of the paper is to clarify and to sharpen the NMA by means of a probabilistic formalization. In particular, I demonstrate that the persuasive force of the NMA depends on the particular disciplinary context where it is applied, and the stability of theories in that discipline. Assessments and critiques of "the" NMA, without reference to a particular context, are misleading and should be relinquished. This result has repercussions for recent anti-realist arguments, such as the claim that the NMA commits the base rate fallacy (Howson (2000), Magnus and Callender ( Philosophy of Science , 71 :320-338, 2004)). It also helps to explain the persistent disagreement between realists and anti-realists.
Full Text Available In this article author traces relation between argumentation and cultural practice. The first part focuses on definition of argumentation in informal logic tradition. In particular, it discusses argument in terms of verbal and social activity involving the use of everyday language. Author claims that there is no argumentation beyond language. The second part explains persuasive argumentation as a form of cultural practice. The persuasive arguments found in “social practice” can be understood as a social activity, analysable within the context of a given cultural system. Author refers to an approach taking the argumentative expression as a certain type of communicative practice, directed towards respecting, recognising or accepting specific actions. The inclusion of persuasive argumentation in the “circuit of cultural activities” to be studied makes it possible to compare this type of argumentation with other social practices, and to posit a clear historical dimension in the study of argumentation. It also makes it possible to view persuasive argumentation as one of many cultural activities aimed at changing or perpetuating behaviours, attitudes, thinking, etc. The third part of the paper concerns the problem of humanistic interpretation of persuasive argumentation. Author attempts to develop this intuition, at the same time demonstrating the problems that arise from this approach. In conclusion, author tries to analyze argumentation in terms of culture theory and humanistic interpretation.
Juliano Desiderato ANTONIO
Full Text Available The aim of this paper is to describe the rhetorical structure of the argumentative answer genre in a corpus formed by 15 compositions of the winter vestibular of Universidade Estadual de Maringá. The instrument of analysis used in the investigation was RST (Rhetorical Structure Theory. The initial statement was considered the central unit of the argumentative answer. Most of the writers held evidence relation between the central unit (nucleus and the expansion (satellite. Evidence relation is interpersonal and the aim of the writers is to convince their addressees (in this case the compositions evaluation committee that their point is correct. Within the initial statement, the relation with higher frequency was contrast. Our hypothesis is that the selection of texts of the test influenced the applicants to present positive and negative aspects of the internet. In the higher level of the expansion text span, list is the most frequent relation because the applicants present various arguments with the same status. Contrast was the second relation with highest frequency in this same level. Our hypothesis is that the selection of texts of the test influenced the applicants to present positive and negative aspects of the internet as it happened in the initial statement. Within the 15 compositions, 12 had a conclusion. This part was considered a satellite of the span formed by the initial statement and its expansion. The relation held was homonymous.
On the basis on 1) the Danish legal writer A.S.Ørsted (1778-1860) and 2) an enquete among present day Danish legal scholars, the contribution deals with special traits in Danish legal method......On the basis on 1) the Danish legal writer A.S.Ørsted (1778-1860) and 2) an enquete among present day Danish legal scholars, the contribution deals with special traits in Danish legal method...
Mihaylov, Boyan; Onea, Lucian; Hansen, Klaus Marius
. An increasing number of applications (for example in healthcare) are expected to have to live up to regulatory requirements in the future, which will lead to more software development projects having to deal with such requirements. We present an approach that models regulations such that compliance arguments......Standards and regulations are difficult to understand and map to software, which makes compliance with them challenging to argue for software products and development process. This is problematic since lack of compliance may lead to issues with security, safety, and even to economic sanctions...
Gregory R Maio
Full Text Available Politicians, philosophers, and rhetors engage in co-value argumentation: appealing to one value in order to support another value (e.g., equality leads to freedom. Across four experiments in the United Kingdom and India, we found that the psychological relatedness of values affects the persuasiveness of the arguments that bind them. Experiment 1 found that participants were more persuaded by arguments citing values that fulfilled similar motives than by arguments citing opposing values. Experiments 2 and 3 replicated this result using a wider variety of values, while finding that the effect is stronger among people higher in need for cognition and that the effect is mediated by the greater plausibility of co-value arguments that link motivationally compatible values. Experiment 4 extended the effect to real-world arguments taken from political propaganda and replicated the mediating effect of argument plausibility. The findings highlight the importance of value relatedness in argument persuasiveness.
Maio, Gregory R.; Hahn, Ulrike; Frost, John-Mark; Kuppens, Toon; Rehman, Nadia; Kamble, Shanmukh
Politicians, philosophers, and rhetors engage in co-value argumentation: appealing to one value in order to support another value (e.g., “equality leads to freedom”). Across four experiments in the United Kingdom and India, we found that the psychological relatedness of values affects the persuasiveness of the arguments that bind them. Experiment 1 found that participants were more persuaded by arguments citing values that fulfilled similar motives than by arguments citing opposing values. Experiments 2 and 3 replicated this result using a wider variety of values, while finding that the effect is stronger among people higher in need for cognition and that the effect is mediated by the greater plausibility of co-value arguments that link motivationally compatible values. Experiment 4 extended the effect to real-world arguments taken from political propaganda and replicated the mediating effect of argument plausibility. The findings highlight the importance of value relatedness in argument persuasiveness. PMID:25147529
In education, argumentation has an increasing importance because it can be used to foster learning in various fields including philosophy, history, sciences, and mathematics. Argumentation is also at the heart of scientific inquiry. Many educational technology researchers have been interested in finding out how technologies can be employed to improve students' learning of argumentation. Therefore, many computer-based tools or argumentation systems have been developed to assist students in their acquisition of argumentation skills. While the argumentation systems incorporating online debating tools present a good resource in formal settings, there is limited research revealing what argumentative skills students are portraying in informal online settings without the presence of a moderator. This dissertation investigates the nature of argumentative practices in a massively multiplayer online game where the system successfully incorporates the authentic use of online synchronous communication tools and the patterns that emerge from the interplay between a number of contextual variables including synchronicity, interest, authenticity, and topical knowledge.
Old Scandinavian (represented here by Old Danish) allowed zero arguments (null-arguments) in any nominal (argument) position, that is: for NPs as subjects, objects and in PPs. In generative grammar, zero arguments are held to be variants of pronouns, but in this article, I shall claim that zero...... arguments in Scanic are semantically different from pronouns, and therefore pronouns and zero arguments are not variants. At one level, zero arguments and pronouns are similar with respect to function, namely to supply means for establishing co-reference in text; however, they are not semantically...... equivalent. By reducing these two categories to one single underlying category, such as pro, one would miss this point. On the contrary, zero arguments are arguably full-bodied signs with their own content, thus corresponding to Melčuk’s Zero Sign Introduction Principle....
Bleicher, R. E.; Lambert, J. L.
Argumentation plays an important role in how we communicate climate change science to the public and is a key component integrated throughout the Next Generation Science Standards. A scientific argument can be described as a disagreement between explanations with data being used to justify each position. Argumentation is social process where two or more individuals construct and critique arguments (Kuhn & Udell, 2003; Nussbaum, 1997). Sampson, Grooms, and Walker's (2011) developed a framework for understanding the components of a scientific argument. The three components start with a claim (a conjecture, conclusion, explanation, or an answer to a research question). This claim must fit the evidence (observations that show trends over time, relationships between variables or difference between groups). The evidence must be justified with reasoning (explains how the evidence supports the explanation and whey it should count as support). In a scientific argument, or debate, the controversy focuses on how data were collected, what data can or should be included, and what inferences can be made based on a set of evidence. Toulmin's model (1969) also includes rebutting or presenting an alternative explanation supported by counter evidence and reasoning of why the alternative is not the appropriate explanation for the question of the problem. The process of scientific argumentation should involve the construction and critique of scientific arguments, one that involves the consideration of alternative hypotheses (Lawson, 2003). Scientific literacy depends as much on the ability to refute and recognize poor scientific arguments as much as it does on the ability to present an effective argument based on good scientific data (Osborne, 2010). Argument is, therefore, a core feature of science. When students learn to construct a sound scientific argument, they demonstrate critical thinking and a mastery of the science being taught. To present a convincing argument in support of
The Formal Darwinism Project aims to provide a formal argument linking population genetics to fitness optimization, which of necessity includes defining fitness. This bridges the gulf between those biologists who assume that natural selection leads to something close to fitness optimization and those biologists who believe on theoretical grounds that there is no sense of fitness that can usefully be said to be optimized. The current paper's main objective is to provide a careful mathematical introduction to the project, and it also reflects on the project's scope and limitations. The central argument is the proof of close ties between the mathematics of motion, as embodied in the Price equation, and the mathematics of optimization, as represented by optimization programmes. To make these links, a general and abstract model linking genotype, phenotype and number of successful gametes is assumed. The project has begun with simple dynamic models and simple linking models, and its progress will involve more realistic versions of them. The versions given here are fully mathematically rigorous, but elementary enough to serve as an introduction.
Kuhn, Deanna; Shaw, Victoria; Felton, Mark
Tested hypothesis that thinking about a topic enhances later reasoning quality about that topic. Found that, when young adolescents and adults discussed capital punishment, their range of different arguments increased, they shifted from one-sided to two-sided arguments, arguments were based within a framework of alternatives, and they were more…
In his book Metaphysics, Peter van Inwagen constructs a version of the Cosmological Argument which does not depend on the Principle of Sufficient Reason. He goes on to reject the argument. In this paper, I construct an alternative version of the Cosmological Argument that uses some of van Inwagen's insights and yet is ...
Wagemans, J.H.M.; van Eemeren, F.H.; Garssen, B.; Godden, D.; Mitchell, G.
In a pragma-dialectical reconstruction of argumentative discourse, argumentation schemes are used to analyze the way in which the acceptability of the argument is transferred to that of the standpoint. In some contexts, the analytical armamentarium that is needed to reconstruct such an Acceptability
Marshall, James D.
In this paper the author looks at two forms of philosophical argument or critique. These are derived by himself from the work of the late Kantian scholar, Stephan Korner who, in his book "What is Philosophy?" (1969), draws a number of distinctions between different forms of "philosophical" argument or critique. The two forms of derived argument,…
The ability to argue well is a valuable skill for students in both formal and informal learning environments. While many studies have explored the argumentative practices in formal environments and some researchers have developed tools to enhance the argumentative skills, the social argumentation that is occurring in informal spaces has yet to be…
... 32 National Defense 1 2010-07-01 2010-07-01 false Oral arguments. 150.16 Section 150.16 National Defense Department of Defense OFFICE OF THE SECRETARY OF DEFENSE REGULATIONS PERTAINING TO MILITARY JUSTICE COURTS OF CRIMINAL APPEALS RULES OF PRACTICE AND PROCEDURE § 150.16 Oral arguments. Oral arguments...
This paper explains and illustrates a method of argumentative reconstruction that may be used in the teaching of stories. Without maintaining that argument is superior to narrative or that all narratives should be cast as arguments, I illustrate the benefits of this approach for critical thinking and the discussion that ensues when one seeks to…
Lacey, Nicola; Pickard, Hanna
Within contemporary penal philosophy, the view that punishment can only be justified if the offender is a moral agent who is responsible and hence blameworthy for their offence is one of the few areas on which a consensus prevails. In recent literature, this precept is associated with the retributive tradition, in the modern form of ‘just deserts’. Turning its back on the rehabilitative ideal, this tradition forges a strong association between the justification of punishment, the attribution of responsible agency in relation to the offence, and the appropriateness of blame. By contrast, effective clinical treatment of disorders of agency employs a conceptual framework in which ideas of responsibility and blameworthiness are clearly separated from what we call ‘affective blame’: the range of hostile, negative attitudes and emotions that are typical human responses to criminal or immoral conduct. We argue that taking this clinical model of ‘responsibility without blame’ into the legal realm offers new possibilities. Theoretically, it allows for the reconciliation of the idea of ‘just deserts’ with a rehabilitative ideal in penal philosophy. Punishment can be reconceived as consequences—typically negative but occasionally not, so long as they are serious and appropriate to the crime and the context—imposed in response to, by reason of, and in proportion to responsibility and blameworthiness, but without the hard treatment and stigma typical of affective blame. Practically, it suggests how sentencing and punishment can better avoid affective blame and instead further rehabilitative and related ends, while yet serving the demands of justice. PMID:24771953
Zilda G. O. Aquino
Full Text Available This paper aims at dealing with issues related to language spoken in the classroom, focusing on discursive practices that highlight argumentation. We believe that the discussions that were made around genres, especially guided by the studies of Bakhtin and Text Linguistics, have been providing a breakthrough towards the necessity for the school to promote language teaching through the discursive genre approach. That is what we expect to be happening since both writing and spoken modalities deserve space in learning. We believe that oral genres demand that teachers acquire specific knowledge of the features of spoken language interaction that arise from its use in practical situations. Because these studies are recent among our researchers (not longer than three decades, they should still be very present in our discussions. In this paper, we focus on a specific genre of oral tradition – the debate. It is ideal for knowledge building and taking a stand at issues that arise in society, all of which is particularly important to the school. Besides contributing to the development of skills required by certain sociodiscursive practices, it is proposed that the teaching of argumentation in oral genres concentrate on the observation of selected strategies in interactions. We are particularly interested in interactions that emerge when one interaction party is trying to persuade the other. The corpus consists of the transcriptions of debates which occurred both in the classroom and in other contexts, such as the media. The methodological approach is done by identifying the arguments and their strategic use in specific situations. The theoretical discussion rests on the works of Orecchioni (2010, Marcuschi (2004, Dolz and Schneuwly (2004, Perelman and Olbrechts-Tyteca (1996 , among others.
H.T.M. Kloosterhuis (Harm)
textabstractIn this article, I want to show that some doctrinal problems of legal interpretation and argumentation can be analysed in a more precise way than a standard doctrinal analysis, when we use insights from speech act theory and argumentation theory. Taking a discussion about the accusation
Full Text Available This study sets out to investigate the types of responses by children aged between 3 and 7 years in argumentative discussions relating to parental rules and prescriptions. The data corpus is composed of 132 argumentative discussions selected from 30 video-recorded meals of 10 middle to upper-middle-class Swiss and Italian families. Data are presented through discursive excerpts of argumentative discussions and analysed by the pragma-dialectical ideal model of critical discussion. The findings show that when parents advance context-bound arguments such as the arguments of quality (e.g., very good, salty, or not good and quantity (e.g., too little, quite enough, or too much of food, the arguments advanced by children mirror the same types of arguments previously used by parents. On the other hand, when parents advance more complex, elaborated, and context-unbound arguments such as the appeal to consistency's argument, the argument from authority and the argument from analogy, the children typically did not advance any argument, but their response is an expression of further doubt or a mere opposition without providing any argument. Overall, the results of this study indicate that the types of children's responses are strictly connected to the type of argument previously advanced by their parents. This aspect is particularly relevant in terms of children's capacities to engage in argumentative exchanges and to react in rational ways during the confrontation with the parents. Further research in this direction is needed in order to better understand specific potentialities of language in the everyday process of socialization within the family context.
Argumentation is fundamentally exhortative: arguments can be understood as invitations to emulate the lives of those who make the arguments. The human exemplar of an argument's substance, e.g. Jesus Christ as exemplar of Christianity, is the paradigm for this theory in which the arguer's identity is seen both as equal in importance to and…
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....
Andrey Valeryevich Skorobogatov
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
Penven, James C.; Janosik, Steven M.
Increasing numbers of college students with mental health issues are enrolling in college. If these students threaten suicide they present serious legal issues for college officials. Lack of communication and coordination of a response to these students exacerbates the issue. Threat assessment teams can serve as mechanisms to coordinate the…
Manuel Castellano Román
Full Text Available The efficiency of building information models (BIM for architectonical information management suggest the development of Heritage Information Modelling (HIM as a specific application. Taking as starting point the documental requirements for the juridical protection of a monument, a HIM of the San Pedro’s Church in Arcos de la Frontera (Cádiz, Spain has been built. HIM provides not only the outputs required by the administrative dossier, but also reveals its obsolescence and shows itself as an efficient tool for comprehensive heritage tutelage management.
A 'Ulysses arrangement' (UA) is an agreement where a patient may arrange for psychiatric treatment or non-treatment to occur at a later stage when she expects to change her mind. In this article, I focus on 'competence-insensitive' UAs, which raise the question of the permissibility of overriding the patient's subsequent decisionally competent change of mind on the authority of the patient's own prior agreement. In "The Ethical Justification for Ulysses Arrangements", I consider sceptical and supportive arguments concerning competence-insensitive UAs, and argue that there are compelling reasons to give such UAs serious consideration. In "Decisional Competence and Legal Capacity in UAs", I examine the nature of decisional competence and legal capacity as they arise in UAs, an issue neglected by previous research. Using the distinctions which emerge, I then identify the legal structure of a competence-insensitive UA in terms of the types of legal capacity it embodies and go on to explain how types of legal capacity might be shared between the patient and a trusted other to offer support to the patient in the creation and implementation of a competence-insensitive UA. This is significant because it suggests possibilities for building patient support mechanisms into models of legal UAs, which has not addressed in the literature to date. Drawing on this, in "Using Insights from the Competence/Capacity Distinction to Enhance Patient Support in UAs", I offer two possible models to operationalize competence-insensitive UAs in law that allow for varying degrees of patient support through the involvement of a trusted other. Finally, I outline some potential obstacles implementing these models would face and highlight areas for further research.
Rina Shahriyani Shahrullah
Full Text Available Tanjung Pinang City of the Riau Islands Province (Provinsi Kepulauan Riau is a transit area for the troubled Indonesian overseas workers from Singapore and Malaysia. The Indonesian National Board for the Placement and Protection of Indonesian Workers (Badan Nasional Penempatan dan Perlindungan Tenaga Kerja Indonesia/BNP2TKI reported that 15,105 troubled Indonesian overseas workers were deported from January to November 2014 via Tanjung Pinang City. Previous research revealed that citizens of Tanjung Pinang City criticized the treatments given by the local government to the deported workers by reason that they were not the citizens of the Riau Islands Province, yet the local government has to provide shelters and funds prior to returning them to their home towns. The treatments for the deported workers in the transit area have also raised pros and cons among the stakeholders who are in charge of handling the deported workers. This circumstance may not occur if a special regional regulation of the Riau Islands Province has been issued to govern the troubled Indonesian overseas workers in the transit area. Due to this vacuum of law, this research aims to establish a mechanism in handling the deported workers in the transit area by designing an integrative-progressive model which can be adopted by the stakeholders. The model is to link the legal and non- legal issues and as well as to provide the collaborative mechanisms for the stakeholders based on the approaches of the integrative and progressive legal theory.
Grooms, Jonathon A.
This quasi-experimental study assesses the extent to which the Argument-Driven Inquiry (ADI) instructional model enhances undergraduate students' abilities to generate quality arguments supporting their stance in the context of a Socioscientific Issue (SSI) as compared to students experiencing a traditional style of instruction. Enhancing the quality of undergraduate students' arguments in the context of SSI can serve as an indirect measure of their scientific literacy and their ability to make sound decisions on issues that are inherently scientific but also involve social implications. Data collected in this study suggest that the undergraduate students experiencing the ADI instruction more readily provide rationales in their arguments supporting their decisions regarding two SSI-tasks as compared to a group of undergraduate students experiencing traditional instruction. This improvement in argument quality and gain in scientific literacy was achieved despite the overall lower SSI related content knowledge of the ADI students. Furthermore, the gap between the argument quality of those students with high versus low SSI related content knowledge was closed within the ADI group, while the same gap persisted post-intervention within the traditional instruction students. The role of students' epistemological sophistication was also investigated, which showed that neither instructional strategy was effective at shifting students' epistemological sophistication toward an evaluativist stance. However, the multiplists within the ADI group were able to significantly increase the sophistication of their arguments whereas the traditional students were not. There were no differences between the quality of arguments generated by the evaluativist students with either the treatment or comparison groups. Finally, the nature of the justifications used by the students revealed that the students (both comparison and treatment groups) did not invoke science-based justifications when
Thaysen, Jens Damgaard
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....
Juan I. Larrea Holguín
Full Text Available Here are collected two reports about the possibility of decriminalizing abortion in Ecuador. Although they were issued on the basis of two bills that failed in the legislature, historical and legal arguments discharges there, take advantage for further development doctrinal matter.
This essay is a reply to the famous paper by John Gardner: Legal Positivism: 5½ Myths and the more recent paper by John Prebble: Kelsen, the Principle of Exclusion of Contradictions, and General Anti-Avoidance Rules. The reply is developed from the perspective of tax law where the respective issues are of major significance. The “5½ problems” correspond to Gardner’s arguments and are as follows: (#1) Legal Positivism centers on determining whether a tax law is “legally valid” based on its sou...
Landry, Robert J., III
This article begins with an overview of what is meant by empirical scientific research in the context of legal studies. With that backdrop, the argument is presented that without engaging in normative, theoretical, and doctrinal research in tandem with empirical scientific research, the role of legal studies scholarship in making meaningful…
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 ...
Yacoubian, George S., Jr.
In this study, the arguments surrounding the drug legalization debate are synthesized into a proposal for future research. Such a proposal illustrates that the core elements surrounding drug legalization are not only testable, but that the time may be right to consider such an empirical effort. (Author)
Seliger, M; Knorr, M
The introduction of public access to defibrillation via automated external defibrillators makes it possible to reduce the incidence of sudden cardiac arrest cases. Since they may expect civil and criminal liability after negligence causing damage, many German potential First Responders might hesitate to use an AED. After we demonstrate the medical reasons and compare the legal situation of Public Access Defibrillation between the USA and Germany we analyse a possible hesitation of German First Responders. More than 30 states of the USA provide immunity from civil liability after a public access defibrillation followed by damage due to negligence. However, only an AED-trained US-First Responder is granted immunity from civil liability. In Germany there is no immunity from civil and criminal liability in case of public access defibrillation with damage caused by negligence. German law will not decrease any possible hesitation by First Responders. For a successful system of public access defibrillation, revision of the legal situation is mandatory.
On April 24 2007, abortion before 12 weeks became legal in Mexico City. The arguments for this decision were: diminish the maternal morbidity and mortality, avoid a "severe health problem" and accomplish the women's physical, mental and social well being. To analyze the scientific evidences that support or reject this arguments. Retrospective study realized by bibliographic search of electronic data basis and Internet portals of interested groups. Mexico is considered by the World Health Organization, one of the countries in the world with low maternal mortality rates (drug abuse, alcoholism, child abuse, low birth weight in the following pregnancy, greater risk of subsequent miscarriage and greater mortality rate. There are no scientific evidences to support the arguments used for the legal approval of abortion in Mexico City.
Full Text Available Based on the debate on children’s ability to produce argumentative discourse in different educational settings, this paper provides further support for the fact that small children are able to support their opinions with arguments. In particular, the paper makes a case in point on children’s appeal to definitional loci, when supporting their standpoints. The analysis of their reasoning’s implicit components shows how children apply different definitional arguments.
Duardo-Sánchez, Aliuska; Munteanu, Cristian R; Riera-Fernández, Pablo; López-Díaz, Antonio; Pazos, Alejandro; González-Díaz, Humberto
The use of numerical parameters in Complex Network analysis is expanding to new fields of application. At a molecular level, we can use them to describe the molecular structure of chemical entities, protein interactions, or metabolic networks. However, the applications are not restricted to the world of molecules and can be extended to the study of macroscopic nonliving systems, organisms, or even legal or social networks. On the other hand, the development of the field of Artificial Intelligence has led to the formulation of computational algorithms whose design is based on the structure and functioning of networks of biological neurons. These algorithms, called Artificial Neural Networks (ANNs), can be useful for the study of complex networks, since the numerical parameters that encode information of the network (for example centralities/node descriptors) can be used as inputs for the ANNs. The Wiener index (W) is a graph invariant widely used in chemoinformatics to quantify the molecular structure of drugs and to study complex networks. In this work, we explore for the first time the possibility of using Markov chains to calculate analogues of node distance numbers/W to describe complex networks from the point of view of their nodes. These parameters are called Markov-Wiener node descriptors of order k(th) (W(k)). Please, note that these descriptors are not related to Markov-Wiener stochastic processes. Here, we calculated the W(k)(i) values for a very high number of nodes (>100,000) in more than 100 different complex networks using the software MI-NODES. These networks were grouped according to the field of application. Molecular networks include the Metabolic Reaction Networks (MRNs) of 40 different organisms. In addition, we analyzed other biological and legal and social networks. These include the Interaction Web Database Biological Networks (IWDBNs), with 75 food webs or ecological systems and the Spanish Financial Law Network (SFLN). The calculated W
Full Text Available The paper presents the theoretical and methodological aspects of research on the development of argument- ation in elementary school children. It presents a theoretical framework detailing psychological mechanisms responsible for the acquisition and transfer of argumentative discourse and demonstrates several applications of the framework, described in sufficient detail to guide future empirical investigations of oral, written, individual, or group argumentation performance. Software programs capable of facilitating data analysis are identified and their uses illustrated. The analytic schemes can be used to analyze large amounts of verbal data with reasonable precision and efficiency. The conclusion addresses more generally the challenges for and possibilities of empirical study of the development of argumentation.
Kim, Mijung; Roth, Wolff-Michael
To understand students' argumentation abilities, there have been practices that focus on counting and analyzing argumentation schemes such as claim, evidence, warrant, backing, and rebuttal. This analytic approach does not address the dynamics of epistemic criteria of children's reasoning and decision-making in dialogical situations. The common approach also does not address the practice of argumentation in lower elementary grades (K-3) because these children do not master the structure of argumentation and, therefore, are considered not ready for processing argumentative discourse. There is thus little research focusing on lower elementary school students' argumentation in school science. This study, drawing on the societal-historical approach by L. S. Vygotsky, explored children's argumentation as social relations by investigating the genesis of evidence-related practices (especially burden of proof) in second- and third-grade children. The findings show (a) students' capacity for connecting claim and evidence/responding to the burden of proof and critical move varies and (b) that teachers play a significant role to emphasize the importance of evidence but experience difficulties removing children's favored ideas during the turn taking of argumentative dialogue. The findings on the nature of dialogical reasoning and teacher's role provide further insights about discussions on pedagogical approaches to children's reasoning and argumentation.
New Volitionalism is a name for certain widespread conception of the nature of intentional action. Some of the standard arguments for New Volitionalism, the so-called arguments from total failure, have even acquired the status of basic assumptions for many other kinds of philosophers. It is there......New Volitionalism is a name for certain widespread conception of the nature of intentional action. Some of the standard arguments for New Volitionalism, the so-called arguments from total failure, have even acquired the status of basic assumptions for many other kinds of philosophers...
... 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...
Knispel, Benjamin; Allen, Bruce
For a uniform population of neutron stars whose spin-down is dominated by the emission of gravitational radiation, an old argument of Blandford states that the expected gravitational-wave amplitude of the nearest source is independent of the deformation and rotation frequency of the objects. Recent work has improved and extended this argument to set upper limits on the expected amplitude from neutron stars that also emit electromagnetic radiation. We restate these arguments in a more general framework, and simulate the evolution of such a population of stars in the gravitational potential of our galaxy. The simulations allow us to test the assumptions of Blandford's argument on a realistic model of our galaxy. We show that the two key assumptions of the argument (two dimensionality of the spatial distribution and a steady-state frequency distribution) are in general not fulfilled. The effective scaling dimension D of the spatial distribution of neutron stars is significantly larger than two, and for frequencies detectable by terrestrial instruments the frequency distribution is not in a steady state unless the ellipticity is unrealistically large. Thus, in the cases of most interest, the maximum expected gravitational-wave amplitude does have a strong dependence on the deformation and rotation frequency of the population. The results strengthen the previous upper limits on the expected gravitational-wave amplitude from neutron stars by a factor of 6 for realistic values of ellipticity.
Cavlazoglu, Baki; Stuessy, Carol
The purpose of this study was to examine changes in the quality of science teachers' argumentation as a result of their engagement in a teacher workshop on earthquake engineering emphasizing distributed learning approaches, which included concept mapping, collaborative game playing, and group lesson planning. The participants were ten high school science teachers from US high schools who elected to attend the workshop. To begin and end the teacher workshop, teachers in small groups engaged in concept mapping exercises with other teachers. Researchers audio-recorded individual teachers' argumentative statements about the inclusion of earthquake engineering concepts in their concept maps, which were then analyzed to reveal the quality of teachers' argumentation. Toulmin's argumentation model formed the framework for designing a classification schema to analyze the quality of participants' argumentative statements. While the analysis of differences in pre- and post-workshop concept mapping exercises revealed that the number of argumentative statements did not change significantly, the quality of participants' argumentation did increase significantly. As these differences occurred concurrently with distributed learning approaches used throughout the workshop, these results provide evidence to support distributed learning approaches in professional development workshop activities to increase the quality of science teachers' argumentation. Additionally, these results support the use of concept mapping as a cognitive scaffold to organize participants' knowledge, facilitate the presentation of argumentation, and as a research tool for providing evidence of teachers' argumentation skills.
Mohd Daud Bakar
Full Text Available The question of, and the debate on, the origins of Islamic legal theory continues, largely in the academic circles of Western Islamicists. As for Muslim scholars, they have done little to redress the imbalance. This article presents a summary of the major arguments of Western Islamicists. The arguments are then re-examined to redress any misconceptions about the origins of Islamic legal theory. The ultimate aim is to suggest a new methodology for studying the early legal history of Islam.
Filaković, Pavo; Petek Erić, Anamarija; Mihanović, Mate; Glavina, Trpimir; Molnar, Sven
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 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.
A discussion of legal and administrative language, and the necessity for accurate translation of this language in the field of international relations. Topics treated are: characteristic features of legal and administrative terminology; the interpretation of it; and the technique of translating legal and administrative texts. (AMH)
The Chinese Communist Party government has been forcefully promoting its jihua shengyu (planned fertility) program, known as the "one-child policy," for more than three decades. A distinctive authoritarian model of population governance has been developed. A pertinent question to be asked is whether China's one-child policy and the authoritarian model of population governance have a future. The answer must be no; they do not. Although there are many demographic, economic, and social rationales for terminating the one-child policy, the most fundamental reason for opposing its continuation is drawn from ethics. The key ethical rationale offered for the policy is that it promotes the common social good, not only for China and the Chinese people but for the whole human family. The major irony associated with this apparently convincing justification is that, although designed to improve living standards and help relieve poverty and underdevelopment, the one-child policy and the application of the authoritarian model have instead caused massive suffering to Chinese people, especially women, and made them victims of state violence. A lesson from China--one learned at the cost of individual and social suffering on an enormous scale--is that an essential prerequisite for the pursuit of the common good is the creation of adequate constraints on state power.
This study aims to describe the influence of contextual learning model and critical thinking ability toward argumentative writing skill on university students. The population of the research was 147 university students, and 52 university students were used as sample with multi stage sampling. The results of the research indicate that; group of…
Rio, L M
In maintaining criminal prohibitions on prostitution and prostitution-related activity, the United States has ignored the two alternative approaches successfully invoked in many other countries: legalization and decriminalization of prostitution. This article questions the justifications usually advanced in favor of criminal sanctions and against the two alternatives. Studies of prostitutes and their clients, as well as larger societal studies, undercut the arguments against decriminalization and legalization, and reveal that none of the traditional goals of imposing criminal sanctions (punishment, deterrence, and rehabilitation) are furthered by the current prohibition of prostitution. These studies also reveal the advantages offered by a system of decriminalized or legalized prostitution. Further policy arguments for the removal of such sanctions are discussed and legal arguments are offered to attempt to limit the reach of current criminal prostitution laws while the present system remains in effect.
Vygotsky's The Historical Significance of the Crisis in Psychology (1926-1927) is an important text in the history and philosophy of psychology that has only become available to scholars in 1982 in Russian, and in 1997 in English. The goal of this paper is to introduce Vygotsky's conception of psychology to a wider audience. I argue that Vygotsky's argument about the "crisis" in psychology and its resolution can be fully understood only in the context of his social and political thinking. Vygotsky shared the enthusiasm, widespread among Russian leftist intelligentsia in the 1920s, that Soviet society had launched an unprecedented social experiment: The socialist revolution opened the way for establishing social conditions that would let the individual flourish. For Vygotsky, this meant that "a new man" of the future would become "the first and only species in biology that would create itself." He envisioned psychology as a science that would serve this humanist teleology. I propose that The Crisis is relevant today insofar as it helps us define a fundamental problem: How can we systematically account for the development of knowledge in psychology? I evaluate how Vygotsky addresses this problem as a historian of the crisis. Copyright © 2011 Elsevier Ltd. All rights reserved.
Chen, Ying-Chih; Hand, Brian; Park, Soonhye
Argumentation, and the production of scientific arguments are critical elements of inquiry that are necessary for helping students become scientifically literate through engaging them in constructing and critiquing ideas. This case study employed a mixed methods research design to examine the development in 5th grade students' practices of oral and written argumentation from one unit to another over 16 weeks utilizing the science writing heuristic approach. Data sources included five rounds of whole-class discussion focused on group presentations of arguments that occurred over eleven class periods; students' group writings; interviews with six target students and the teacher; and the researcher's field notes. The results revealed five salient trends in students' development of oral and written argumentative practices over time: (1) Students came to use more critique components as they participated in more rounds of whole-class discussion focused on group presentations of arguments; (2) by challenging each other's arguments, students came to focus on the coherence of the argument and the quality of evidence; (3) students came to use evidence to defend, support, and reject arguments; (4) the quality of students' writing continuously improved over time; and (5) students connected oral argument skills to written argument skills as they had opportunities to revise their writing after debating and developed awareness of the usefulness of critique from peers. Given the development in oral argumentative practices and the quality of written arguments over time, this study indicates that students' development of oral and written argumentative practices is positively related to each other. This study suggests that argumentative practices should be framed through both a social and epistemic understanding of argument-utilizing talk and writing as vehicles to create norms of these complex practices.
Mírian Rejane Magalhães Mendes
Full Text Available This study aimed to understand the development of the argument in socio-scientific discussions in Chemistry lessons. Were investigated classes of three teachers in public schools in high school of the Federal District – Brazil to identify the occurrence of argumentative situations,actions favorable to the development of the arguments made by the teachers, and the presence of scientific knowledge on the composition of the arguments developed. The monitoring of the classes involved videotaping lessons; field notes; interview in focus groups with students and individually with each one of the teachers; and the application of a questionnaire for the teachers. The results showed that the teachers have established an opportune environment to argumentative practice when promoted socio-scientific discussions, facilitate the verbalization, and use strategies aimed at the participation of students as interlocutors in discussion and interaction. On the other hand, it was found that the argumentative situations identified were not very significant and that the teachers had difficulties in developing specific verbal actions directed to the establishment of the argumentation and for the mobilization of scientific knowledge in the construction of arguments.
van Eemeren, F.H.; Garssen, B.; van Eemeren, F.H.
Although Renkema’s Introduction to Discourse Studies (2004: Chap. 12) provides a useful introduction to the study of argumentation, this brief account does not provide a full characterization of the field. Among the dominant approaches to argumentative discourse a general distinction can be made
Costanzo, William V.
Many teachers would like to counter what Deborah Tannen calls "The Argument Culture." They recognize that teaching students traditional principles of argument may perpetuate the kind of adversarial thinking that erupts all too often: in aggressive newspaper headlines, on confrontational television shows, in court rooms, and in school…
van Laar, Jan Albert
This paper examines arguments that take counterconsiderations into account, and it does so from a dialogical point of view. According to this account, a counterconsideration is part of a critical reaction from a real or imagined opponent, and an arguer may take it into account in his argument in at
... Health CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES MEDICARE PROGRAM FEDERAL HEALTH INSURANCE FOR THE AGED AND DISABLED Determinations, Redeterminations, Reconsiderations, and... argument, it tells the parties of the time and place of the oral argument at least 10 calendar days before...
Conner, AnnaMarie; Singletary, Laura M.; Smith, Ryan C.; Wagner, Patty Anne; Francisco, Richard T.
We combine Peirce's rule, case, and result with Toulmin's data, claim, and warrant to differentiate between deductive, inductive, abductive, and analogical reasoning within collective argumentation. In this theoretical article, we illustrate these kinds of reasoning in episodes of collective argumentation using examples from one…
Galen Strawson and Saul Smilansky have offered a well-known argument that free will does not exist because the control involved is so robust that it would require influence over an infinite series of prior decisions. (Strawson 1986, 1994, 2002, Smilansky 2000, 2002) Unfortunately, while this metaphysical argument has ...
Prakken, H.; Sartor, G.
This paper presents an argument-based logic for reasoning about allocations of the burden of persuasion. The logic extends the system of Prakken (2001), which in turn modified the system of Prakken & Sartor (1996) with the possibility to distribute the burden of proof over both sides in an argument
Full Text Available The article examines the use and evaluation of the argument from consequences, its historical origins since Aristotle through Blaise Pascal, David Hume until the inclusion of this argument into the textbooks of modern logic. The article also recapitulates current evaluation of this argument by Douglas Walton and along with Walton presents its two variants and criteria for evaluating their validity.
Wolfe, Michael B.; Kurby, Christopher A.
We examined subjects' ability to judge the soundness of informal arguments. The argument claims matched or did not match subject beliefs. In all experiments subjects indicated beliefs about spanking and television violence in a prescreening. Subjects read one-sentence arguments consisting of a claim followed by a reason and then judged the…
In the ethical debate on genetic modification (GM), it is common to encounter the claim that some anti-GM argument would also apply an established, ethically accepted technology, and that the anti-GM argument is therefore unsuccessful. The paper discusses whether this argumentative strategy...... transferability of reasons from one case to another; and (iii) it runs the risk of equivocations, especially in cases where the anti-genetic-modification argument relies on gradable features. The paper then shows how these issues play out in three specific Similarity Arguments that can be found in the literature....... Finally, the paper discusses what conclusions we can draw from the fact that genetic modification and established technologies are similar for the ethical status of genetic modification....
Full Text Available The paper proposes a targeted model for translating legal texts, developed by the author by combining translation science (i.e. functionalist approaches with the findings of comparative law and legal linguistics. It consists of ten guidelines directing the translator from defining the intended function of the target text and selecting the corresponding translation type, through comparing the legal systems involved in the translation and analysing the memetic structure of the source text and parallel texts in the target culture to designing the target text as a cultureme and ensuring its legal security.
Full Text Available In this paper, the authors discuss models of integrating gender issues, gender perspective and some gender aspects into the university education. In that context, the authors particularly focus on the concept of clinical legal education in legal clinics offering a specific practical model of teaching gender studies. Legal clinics provide for an innovative approach to gender education of prospective legal professional. The teaching method used in these legal clinics is aimed at raising students' awareness of gender issues and common gender-related biases. In the recent period, the Legal Clinic at the Law Faculty in Niš has achieved excellent results in the Clinical legal education program on the women's rights protection, which clearly proves that legal clinics have good prospects in general legal education.
This article makes the argument that we need to situate student's academic writing as socially constructed pieces of writing that embody a writer's cultural identity and critical argument. In support, I present and describe a comprehensive model of an original English as a Foreign Language (EFL) writing analytical framework. This article explains…
Filaković, Pavo; Erić, Anamarija Petek; Mihanović, Mate; Glavina, Trpimir; Molnar, Sven
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
Diamondstone, Judith V.
Compares textual notes taken by seventh-grade students on the 1954 school desegregation case, "Brown v. Board of Education," to those taken by legal professionals. Shows that the students rejected what they saw as violations of conventions of Supreme Court argument, while the winning argument in the actual case plays with conventions by…
One strategy for arguing that it should be legally permissible to create human embryos, or to use spare human embryos, for scientific research purposes involves the claim that such embryos cannot be persons because they are not human individuals while twinning may yet take place. Being a human individual is considered to be by most people a necessary condition for being a human person. I argue first that such an argument against the personhood of embryos must be rationally conclusive if their destruction in public places such as laboratories is to be countenanced. I base this argument on a popular understanding of the role that the notion of privacy plays in abortion laws. I then argue that such arguments against personhood are not rationally conclusive. The claim that the early embryos is not a human individual is not nearly as obvious as some assert.
Referring to Kant's arguments addressing the moral relationship between our bodies and ourselves is quite common in contemporary debate about organ selling, although he does not provide us with any specific arguments related to this debate. It is widely argued that the most promising way to show the moral impermissibility of organ selling is to mount an argument on Kantian grounds. This paper asks whether it is possible to argue coherently against organ selling in a Kantian framework. It will be shown that by mounting the argument on Kantian grounds no compelling argument can be given against sale of organs, either because the arguments apply to donation of organs, too, or the arguments are not convincing for other independent reasons. In the first section, it will be argued that donation and selling are not distinguishable in a Kantian framework, since the concern about commodification of the body and its parts shall be raised by both actions. In the second section, some contemporary accounts inspired by Kant will be presented and discussed separately. It will be argued that the reasons for promoting organ donation while arguing against selling clash with each other in an unconvincing way.
Claudio Andres Alessio
Full Text Available Reinstatement is a principle of argumentation systems that enables the justification of a defeated argument when all its defeaters are in turn ultimately defeated. Some counterexamples to reinstatement have been offered in the literature. Specifically, counterexamples suggest that reinstatement cannot be taken as a general principle of defeasible argumentation because the reinstated arguments may support incorrect conclusions. Some authors argued that the problems are not due to reinstatement but to the formalization of those examples. Then, the solution is to make the language expressive enough to obtain the correct results. They also warn that one should avoid tinkering with the formalization in concrete examples just to get a desired outcome. Therefore, this approach should be combined with the search of general principles for choosing the proper formalization. Taking into account that finding general principles of representation could be a hard enterprise, the goal of this thesis is to identify some criterion that allows i. neutralize the counterexamples, ii. preserve the original formal language as much as possible, and iii. maintain reinstatement as a general principle. To identify that criterion, counterexamples are analyzed and possible causes of the problem are detected. As a result it is found that the preference by specificity among arguments can be used to obtain that criterion. Three approaches based on specificity are proposed and evaluated. Two of them introduce alternative defeat relations among arguments. The third one is based on filtering the non maximally specific arguments.
Snoeck Henkemans, A.F.; Wagemans, J.H.M.; van Eemeren, F.H.; Garssen, B.
Over the last couple of years, the pragma-dialectical research program has focused on the development of tools for the analysis and evaluation of argumentative discourse in specific institutional contexts, such as the domains of legal, political, medical, and academic communication.
Full Text Available This paper represents a case study of the types of fallacies that may occur in the argumentation stage of an ethical dispute over abortion. The theoretical framework I use is the pragma-dialectical theory of argumentation (van Eemeren and Grootendorst 1992, 2004 which conceives of fallacies as violations of the rules for critical discussion. I will focus on the fallacies resulting from the violation of the relevance rule in two fragments of argumentative texts illustrating opposing positions on abortion. I claim that these fallacies function as winning strategies in the ethical dispute in case.
Blume, Peter Erik
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...... 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...
Nur Yuhanis Bt Ismon
Full Text Available Objective – Islamic finance has been established as an alternative to the conventional banking system which is made up component not permitted under Shariah. Tawarruq is one of the Islamic finance products which commonly used in Islamic banks. This research assesses two important areas which include the principle of Tawarruq in Fiqh perspective and the practical aspect of such principle in Islamic banks in Malaysia.Method – The method used for this research is comparative analysis.Result – This research begins to explore the different views of the proponent and opponents toward the legality of Tawarruq in Fiqh . Instead of considering the basic condition of the valid sale, the other aspect has to be pondered by the contemporary scholars to render Tawarruq is valid sale according to Shariah. The legality of Tawarruq has been debate by some scholars. Due to that, there are different resolution and rulings from Islamic countries on legality of of Tawarruq . In the practical aspect, Tawarruq has been used in Malaysia by Bursa Malaysia Suq Al Sila' as a trading platform and it uses Crude Palm Oil (CPO as the commodity in Tawarruq transaction. While, in the Middle East, it uses London Metal Exchange (LME in dealing with commodity transaction through Tawarruq principle.Conclusion – Based on the legal argument on the permissibility of Tawarruq , it can be summarized that Tawarruq is permissible but subject to certain condition. Provided that genuine Tawarruq is permissible than organized Tawarruq in Tawarruq transaction.Keywords: Tawarruq, Murabahah
Full Text Available Negotiation is an interaction that happens in multi-agent systems when agents have conflicting objectives and must look for an acceptable agreement. A typical negotiating situation involves two agents that cannot reach their goals by themselves because they do not have some resources they need or they do not know how to use them to reach their goals. Therefore, they must start a negotiation dialogue, taking also into account that they might have incomplete or wrong beliefs about the other agent’s goals and resources. This article presents a negotiating agent model based on argumentation, which is used by the agents to reason on how to exchange resources and knowledge in order to achieve their goals. Agents that negotiate have incomplete beliefs about the others, so that the exchange of arguments gives them information that makes it possible to update their beliefs. In order to formalize their proposals in a negotiation setting, the agents must be able to generate, select and evaluate arguments associated with such offers, updating their mental state accordingly. In our approach, we will focus on an argumentation-based negotiation model between two cooperative agents. The arguments generation and interpretation process is based on belief change operations (expansions, contractions and revisions, and the selection process is a based on a strategy. This approach is presented through a high-level algorithm implemented in logic programming. We show various theoretical properties associated with this approach, which have been formalized and proved using Coq, a formal proof management system. We also illustrate, through a case study, the applicability of our approach in order to solve a slightly modified version of the well-known home improvement agents problem. Moreover, we present various simulations that allow assessing the impact of belief revision on the negotiation process.
In economic evaluation of health care, main stream practice is to discount benefits at the same rate as costs. But main papers in which this practice is advocated have missed a distinction between two quite different evaluation problems: (1) How much does the time of program occurrence matter for value and (2) how much do delays in health benefits from programs implemented at a given time matter? The papers have furthermore focused on logical and arithmetic arguments rather than on real value considerations. These 'consistency arguments' are at best trivial, at worst logically flawed. At the end of the day, there is a sensible argument for equal discounting of costs and benefits rooted in microeconomic theory of rational, utility maximising consumers' saving behaviour. But even this argument is problematic, first because the model is not clearly supported by empirical observations of individuals' time preferences for health, second because it relates only to evaluation in terms of overall individual utility. It does not provide grounds for claiming that decision makers with a wider societal perspective, which may include concerns for fair distribution, need to discount Copyright © 2010 John Wiley & Sons, Ltd. 2010 John Wiley & Sons, Ltd.
Parsons, S; Jennings, NR
This paper summarises our on-going work on mixed- initiative decision making which extends both classical decision theory and a symbolic theory of decision making based on argumentation to a multi-agent domain.
Kanselaar, G.; Erkens, Gijsbert; Andriessen, Jerry; Prangsma, M.E.; Veerman, A.L.; Jaspers, Jos
The focus of education has shifted towards working actively, constructively and collaboratively, as this is believed to enhance learning. The studies discussed here deals with the influence of different CMC (Computer Mediated Communication) tools on argumentation processes during collaboration. The
Simon,Shirley; Davies,Paul; Trevethan,Jillian
This paper provides a discussion of the methodological approach to a research project that builds on previous studies of effective argumentation pedagogy undertaken by one of the authors. In this study, teachers from six schools in a city location are taking part in a one-year project to use new web-based professional development materials to advance their practice in using group discussion and argumentation in science. The teachers attend workshops on planning and organising effective group-...
Full Text Available In a previous work, we discuss three uses of argument of "institutional capacity" which, although presented under the same label, are in fact very different things. Are uses of the term – and the typical reference to the seminal article by Cass Sunstein and Adrian Vermeule – in ways we identify as banal, redundant or absurd. Although they can generate valid arguments under any criteria, such use may not be reappointed to what these authors call the analysis of "institutional capacity". In this brief theoretical essay, we set out the considerations outlined above to try to achieve a distinct and complementary objective: what happens when trying to actually use the argument as described by Sunstein & Vermeule? Let's point out and discuss two challenges for the effective operationalization of the argument of “institutional capacity”. First, what we call the information problem, which is connected to the role that empirical inputs play in this kind of arguments. Second, the compliance problem, as such arguments end up placing excessive requirements on real-world decision-makers.
Analyzes the language and rhetoric of persuasive discourse as employed in advertising. Uses a selection of bank advertisements as a corpus, identifying and discussing four basic models of discourse. The discussion focuses on the rhetorical devices that characterize each type of text. (MES)
Wendy LEE GROSSKOPF
Full Text Available Despite the effort educators put into developing in students the critical writing and thinking skills needed to compose effective arguments, undergraduate college students are often accused of churning out essays lacking in creative and critical thought, arguments too obviously formulated and with sides too sharply drawn. Theories abound as to why these deficiencies are ram‑ pant. Some blame students’ immature cognitive and emotional development for these lacks. Others put the blame of lackadaisical output on the assigning of shopworn writing subjects, assigned topics such as on American laws and attitudes about capital punishment and abortion. Although these factors might contribute to faulty written output in some cases, the prevailing hindrance is our very pedagogy, a system in which students are rewarded for composing the very type of argument we wish to avoid — the eristic, in which the goal is not truth seeking, but successfully disputing another’s argument. Certainly the eristic argument is the intended solution in cases when a clear‑cut outcome is needed, such as in legal battles and political campaigns when there can only be one winner. However, teaching mainly or exclusively the eristic, as is done in most composition classrooms today, halts the advancement of these higher‑order inquiry skills we try developing in our students.
Lee, Clark J; Nolan, Dennis M; Lockley, Steven W; Pattison, Brent
The increasing scientific evidence that early school start times are harmful to the health and safety of teenagers has generated much recent debate about changing school start times policies for adolescent students. Although efforts to promote and implement such changes have proliferated in the United States in recent years, they have rarely been supported by law-based arguments and messages that leverage the existing legal infrastructure regulating public education and child welfare in the United States. Furthermore, the legal bases to support or resist such changes have not been explored in detail to date. This article provides an overview of how law-based arguments and messages can be constructed and applied to advocate for later school start time policies in US public secondary schools. The legal infrastructure impacting school start time policies in the United States is briefly reviewed, including descriptions of how government regulates education, what legal obligations school officials have concerning their students' welfare, and what laws and public policies currently exist that address adolescent sleep health and safety. On the basis of this legal infrastructure, some hypothetical examples of law-based arguments and messages that could be applied to various types of advocacy activities (eg, litigation, legislative and administrative advocacy, media and public outreach) to promote later school start times are discussed. Particular consideration is given to hypothetical arguments and messages aimed at emphasizing the consistency of later school start time policies with existing child welfare law and practices, legal responsibilities of school officials and governmental authorities, and societal values and norms. Copyright © 2017 National Sleep Foundation. Published by Elsevier Inc. All rights reserved.
presentation, I will focus on how the group included legal matters in the new letters, and how the pilot project group involved legal advice in their considerations. I will also discuss how and when to introduce legal advice in the letter editing process, drawing on the experiences of the group members......, interviewing central participants in the pilot project, and by carrying out a small questionnaire based survey and a series of interviews with members of the letters’ target group. One of the most prevalent challenges addressed by the group was how to make sure to address legal matters properly. In my...... language changes aimed at. What to learn from the presentation: •How to design a plain language project •How to include legal advice in a plain language project •How to design a study of plain language changes...
An analysis of the Roman Catholic Church's arguments against abortion rights suggests that its opposition is grounded more in outmoded views regarding women's roles than in concern for protecting fetal life. The 1st argument raised by Catholics and other anti-abortion forces is that abortion represents the unjustifiable destruction of a human life. A 2nd argument focuses on the status of the fetus as a person from the moment of conception, making abortion murder. A 3rd equates the fetus's potential for personhood with the pregnant woman's actual personhood. Despite the vehement sentiments expressed by Catholic leaders against abortion, the majority of Catholics support legal abortion. The assignment of personhood status to the fetus is contraindicated by actual practice in the Church, where aborted or miscarried products of early pregnancy are not baptized. Also, the Church does not forbid the taking of human life in war or to preserve political freedom. Finally, in countries such as Poland where abortion has been made illegal through religious pressure, there have been drastic cuts in health care and child care programs.
Full Text Available The development of alternative dispute resolution procedures raises a number of new problems and questions for jurisprudence and legal practice. Many of these are closely related to the implementation of mediation procedures. Significant attention has been paid in the legal literature to the need for mediators’ legal education. Nowadays a professional lawyer usually performs the functions of a mediator. Nevertheless, in some countries the competence of mediators can be limited. In fact, such persons may be prohibited from providing any legal assistance to the parties. A direct prohibition of this kind exists in Russian legislation. To what degree is this prohibition realistic and reasonable? Different countries enjoy different approaches to the possibility of providing disputing parties with a mediator’s legal assistance in addressing issues requiring legal advice or in the drafting of legal documents. Different approaches to this issue have appeared for various reasons. The absence of consensus is caused by a contradiction between the principle of mediator neutrality in the conflict resolution process and the goals of dispute settlement in which a legally competent intermediary is involved. To ensure the effectiveness of the mediation process, legislators should seek out more flexible ways of regulating procedure. Mandatory regulation itself contradicts the spirit of ‘semi-formal’ alternative (extrajudicial methods for conflict resolution. As such, the presence of direct prohibitions or severe restrictions may not only become challenging in the performance of law but such peremptory norms can also make mediation unattractive and ineffective for some particular types of dispute, such as labor disputes. The principle of preserving a mediator’s neutrality is possible if exercised within the framework of a balanced approach to reasonable limits and discretionary rules for the provision of certain types of legal assistance to disputing
MSc. Iliana Rosabal-Pérez
Full Text Available The purpose of the article is to present a useful theoretical proposal for the analysis of argumentation within the guidebook genre. The study perspective is supported on the rhetorical-pragmatic perspective of argumentation provided by some authors as well as the theoretical models applied to the study of persuasion in guidebooks suggested by Adam/Bonhomme (1997, Hernández-Santaolalla and Cobo-Durán (2010. The analysis of argumentation in this kind of text must consider a tactical and strategic view of the rhetorical actions; that is to say, not to abstain from the elocution traditional examination since argumentation is an essential devise obtainable in the whole test. Keywords: rhetorical, argumentation, guidebook, rhetorical operations, topical.
Full Text Available This paper reports on research based on an experimental questionnaire designed using the logic and the basic structure of the Moral Judgment Test (MJT by Lind (1982. The study aims at understanding how respondents' acceptance of political arguments may have contributed to the lack of international support for the Iraq war and/or to the failure to prevent a preemptive attack. It examines factors, which respondents may have relied on in their acceptance of the arguments. The instrument consisted of three components: (1 A brief vignette on the declared beginning (March 19, 2003 and ending (May 1, 2003 of major operations in Iraq. (2 Respondents' own agreement with the need for the war. (3 Twelve arguments from political speeches: Six arguments by Bush and Blair "in favor of" (pro, and six arguments by Chirac and Schroeder "against" (con the need for the Iraq war. We scored each argument using Kohlberg's (1984 stage theory and Commons' Hierarchical Complexity Scoring System (HCSS (Commons et al., 2004, which identifies hierarchical features in the structure. Using Kempf's (2003 Cognitive Escalation and De-Escalation Model (CEDM we scored each argument sentence for details. Our sample consists of (N = 397 respondents of which were 56.4% women, 24.2% men, and 19.4% did not specify. The largest groups consisted of 71% Germans, 37.2% Catholics, 74.3% between the ages of 18-20 with high school education. Another group consisted of 8.6% Americans with a broader spectrum in age and higher educational level. Using 7 point Likert scales, respondents rated whether they would have rejected or accepted the main point of each argument, whether the main point of the argument seemed illusory or realistic, and whether the emotion evoked by the argument was destructive or constructive. The analysis of the data aimed at determining which within subject and between subject design factors were relevant in predicting respondents' acceptance of arguments and the
Kalogianni, Eftychia; Dimopoulou, Efi; Quak, C.W.; van Oosterom, P.J.M.; van Oosterom, P.J.M.; Dimopoulou, Efi; Fendel, Elfriede M.
Building Information Models (e.g. BIM, IFC) and virtual 3D city models (e.g. CityGML) are revolutionising the way we manage information about cities. The main focus of such models is on the physical and functional characteristics of urban structures (Aien et al, 2015). On the other hand cadastral
Outlines a series of progressive exercises designed to train students in written persuasive discourse in French. The technique involves observation of advertising, study of premises, arguments, and conclusions, pragmatic text analysis, training in logical construction, and development of argumentative strategies. (MSE)
In Germany the question whether to uphold or repeal the judicial prohibition on Pre-implantation Genetic Diagnosis (PGD) is being debated from quite different standpoints. This paper differentiates the major arguments according to their reasons as a) moral, b) evaluative (i.e. cultural/religious), and c) legal. The arguments for and against PGD can be divided by content into three groups: arguments relating to the status of the embryo, focusing on individual actions in the implementation of PGD, and relating to the foreseeable or probable consequences of PGD. In Germany, from a legal perspective, the status of the embryo does not permit the intervention of PGD; from a purely moral perspective, a prohibition on PGD does not appear defensible. It remains an open question, however, whether the moral argument permitting PGD should be restricted for evaluative (cultural) reasons. The paper discusses the species-ethical reasons, for which Jurgen Habermas sees worrisome consequences in the wake of PGD to the extent that we comprehend it as the forerunner of a 'positive eugenics'. It would so disrupt the natural preconditions of our universal morality. The question of whether to prohibit or allow PGD is not merely a question of simple moral and/or legal arguments, but demands a choice between evaluative, moral and (still to be specified) species-ethical arguments, and the question remains open.
The first argument in favour of nuclear power is scarcity of energy supplies. In about 40 years time, the world will face shortages of natural gas, oil and uranium. Recoverable reserves of coal are very great, but coal creates the highest environmental damage. A balanced portfolio is the second argument. If all energy sources are potentially scarce, then all energy sources must be developed, subject to environmental impact. This leads to the third argument in support of nuclear power, its expansion would contribute to combating the risk of global warming as indeed would the expansion of renewable sources and other low carbon technologies. Fourthly, nuclear power can make a significant contribution to the control of acidic emissions. While nuclear power is not without its own problems of risk, liability and public acceptance, it has some clear advantages over other fuels. It has, at the very least, to be a substantial part of the transitional phase towards a renewable energy world. (UK)
Blumberg, M S; Wasserman, E A
The argument from design has played an important role in the history of philosophy and biology. Paley, the 19th-century theologian, was struck by the bodily complexity and adaptive fit of animals to their environments; he used the argument from design to prove the existence of God. Darwin, however, provided the natural evolutionary mechanisms that eliminated the need for positing a divine creator to explain the structure of animals; he was thus able to treat the historical problem of organic evolution by providing a historical solution. Today, some students of behavior are similarly struck by the complexity of animals' actions and their adaptive fit to the environment. Like Paley, they use the argument from design, but to prove the existence of a conscious designer inside the head of the animal--the mind. This mentalistic approach suffers from many of the philosophical and empirical problems that plagued similar efforts in the past.
Koning, Aafke M H; Mol, Ben Willem; Dondorp, Wybo J
Obesity can lead to anovulation and subfertility. Around the world fertility treatment is withheld from women above a certain BMI, ranging from 25 to 40 kg/m2. The proponents of this policy use three different arguments to justify their restrictions: risks to the woman, health and wellbeing of the future child, and importance for society. In this article we critically appraise these arguments. In conclusion, we think obese women should be informed about the consequences of their weight on fertility and pregnancy complications and encouraged to lose weight. If, however, a woman is unable to lose weight despite effort, we feel there is no argument to withhold treatment from her. This would be unjustified with respect to the treatment of other women with a high risk of complications.
Mathias Thomas Riechert
Full Text Available Information about the research process is gaining importance for research documentation and evaluation. With the increased usage of such research information, the requirements for data quality and interpretation consistency are increasing. An agreed understanding of the concepts of research information is therefore crucial for fair science evaluation and science policy. Initiatives like euroCRIS and CASRAI address this by standardising research information definitions. In this paper, we present an approach to systematically develop and document not only definitions of research information, but also discussed alternatives and related arguments. With that we aim to support existing RI standardisation initatives with a flexible and scalable way of documenting and communicating the standardisation process in order to increase acceptance for the resulting definitions. Our contribution is threefold: Based on the widely used IBIS notation for argumentation modelling, we first introduce semantic rules for defining research information. Secondly, a transformation algorithm is provided to reduce the complexity of those argumentations – without the loss of information – and in turn improve readability of the diagrams. Thirdly, the semantic rules of the resulting less complex RIDAL notation are provided. The presented modelling notations are evaluated in the case setting of the standardisation project for research information of the German science system “Core Research Dataset”.
van Laar, Jan Albert
How does the analysis and evaluation of argumentation depend on the dialogue type in which the argumentation has been put forward? This paper focuses on argumentative bluff in eristic discussion. Argumentation cannot be presented without conveying the pretence that it is dialectically reasonable, as
Budke, A.; Schaebitz, F.; Dittrich, S.
According to the German national education standards communication is one of the six areas in which competencies shall be conveyed in Geography classes. Special significance is given to the training of the competence to solve problems through argumentation. Argumentation has a great significance in the learning process in schools, because here the students' knowledge pools are individually linked and understood. According to modern theories of learning, learning is a constructive process. Linking existing pools of knowledge to new insights is usually triggered by communication and argumentation in the classroom. Furthermore, argumentation helps with the individual's formation of opinion as well as their identification with certain values. Argumentation is one of the central social and cultural techniques to solve conflicts peacefully, to conduct negotiations, and to act in one's own interests. Thus conveying competence in argumentation is to be seen as an interdisciplinary task in education. Recently a hypothetical model of competence in geographical argumentation was proposed, a methodical instrument for measuring competence in geographical argumentation was developed, and by analyzing textbooks it was shown that this topic is only marginally targeted by exercises. The Collaborative Research Center 806 "Our Way to Europe" (www.sfb806.uni-koeln.de), with its cross disciplinary research in the sciences as well as humanities offers an outstanding basis for developing and evaluating teaching material and concepts. The use of these diverse topics, complex systems, and the various research problems as well as findings of the CRC-806 allowed developing study units designed to promote problem solving and argumentation skills in the sciences and humanities. Here we will present the results of this study based on special teaching materials, which was tested and evaluated to support students in formulating scientific problems and promote their argumentation skills.
Taking as an example the status of nuclear power in Netherlands, it was shown that there is an emotional approach on the part of supporters and opponents, not open to rational argument, objective information of no avail, lack of public support (80% against), Government undecided. It was concluded that nuclear energy is a deep-rooted emotional conflict, and that the prospects of altering the situation are bleak. Proposed arguments for changeover in favor of nuclear energy are: electricity is a necessity, it is economical, safety is guaranteed, it protects the environment and conserves other resources
The argument advanced by Giubilini and Minerva is an important one, but it suffers from some shortcomings. I briefly criticise their reasoning and method and argue that after birth abortion should be limited largely to infants with disabilities. My argument is based not on solid scientific evidence or cold rational reasoning but on intuition, something that has long been discounted as irrelevant in biomedical discourse. I end with a recommendation to all of us: in order to make a change, one should not only choose one's battles, but also one's weapon and mode of attack.
Full Text Available Both the traditional Aristotelian and modern symbolic approaches to logic have seen logic in terms of discrete symbol processing. Yet there are several kinds of argument whose validity depends on some topological notion of continuous variation, which is not well captured by discrete symbols. Examples include extrapolation and slippery slope arguments, sorites, fuzzy logic, and those involving closeness of possible worlds. It is argued that the natural first attempts to analyze these notions and explain their relation to reasoning fail, so that ignorance of their nature is profound.
Full Text Available Dialectical fallacies are typically defined as breaches of the rules of a regulated discussion between two participants (di-logue. What if discussions become more complex and involve multiple parties with distinct positions to argue for (poly-logues? Are there distinct argumentation norms of polylogues? If so, can their violations be conceptualized as polylogical fallacies? I will argue for such an approach and analyze two candidates for argumentative breaches of multi-party rationality: false dilemma and collateral straw man.
Christiansen, Henning; Gallagher, John Patrick
by an automatic analysis. Following this, we define a transformation procedure, called discriminator slicing, that removes the non-discriminating arguments, resulting in a program whose computation trees are isomorphic to those of the original program. Finally, we show how the results of the original program can...... be reconstructed from trace of the transformed program with the original arguments. Thus the overall result is a two-stage execution of a program, which can be applied usefully in several contexts; we describe a case study in optimising computations in the probabilistic logic program language PRISM, and discuss...
The purpose of this report is to document the screening of the cladding degradation features, events, and processes (FEPs) for commercial spent nuclear fuel (CSNF). This report also addresses the effect of some FEPs on both the cladding and the CSNF, DSNF, and HLW waste forms where it was considered appropriate to address the effects on both materials together. This report summarizes the work of others to screen clad degradation FEPs in a manner consistent with, and used in, the Total System Performance Assessment-License Application (TSPA-LA). This document was prepared according to ''Technical Work Plan for Waste Form Degradation Modeling, Testing, and Analyses in Support of LA'' (BSC 2004a [DIRS 167796])
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.
Guilherme Barbosa da Silva
Full Text Available Regarding the national public security, it is stated that current conventional models managers can no longer deal effectively with the escalation of violence and crime in order to push forward the need for broader changes in contemporary social life, to account the complexity and fragmentation of social reality of Brazilian public security. For proper delivery of public security service, it is necessary for the election of a committed and effective public security policy that must be consistently held, focusing on effective social pacification of conflicts; so that the repressive paradigm should be finally left side; splitting thus entitled to the "legal aversion to change " state with regard to national public security, since not just the mere transmission of a false sense of security to society through reinvestment in the current model reactive-repressive manager - with increasing repression State - without detailed examination of the whole issue of social conflicts, which must first of all examine in a general way factors such as criminal policy so far adopted, the current focus of the provision of public safety services made available to the population and the its effectiveness to thus - through analysis engaged with current social reality, and, using the literature and the deductive-inductive method - propose new public safety managers paradigms that are consistent with a sustainable model of "law and policy" committed to an effective social pacification of conflicts.
Morten Ebbe Juul Nielsen
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
Frederick Schauer; Barbara A. Spellman
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 sociolog...
Hertel, Thomas Klitgaard
This work presents a comprehensive analysis of legal practices and dispute processing in Old Assyrian society c. 1950-1800 B.C. in the ancient Near East.......This work presents a comprehensive analysis of legal practices and dispute processing in Old Assyrian society c. 1950-1800 B.C. in the ancient Near East....
It has been claimed that Israel has the highest per capital rate of lawyers in the world, resulting in belief that the Israel Bar is overpopulated. The first law colleges, which were established 20 years ago, are newcomers to the production of legal professions. The leadership of the Israel Bar have held the law colleges responsible for Israel’s overpopulation of lawyers and for the legal profession’s decline in prestige. This paper examines whether the perception of overcrowding ...
This study examines how Japanese students perceive the qualities of written arguments that were constructed to have different forms. Based on the theoretical dimensions of verbal communication styles that Gudykunst and Ting-Toomey proposed, the research questions asked whether the respondents would perceive direct arguments to be of higher quality than indirect arguments. They also asked whether they would perceive elaborate arguments to be of higher quality than succinct arguments. Japanese ...
Karunatillake, NC; Jennings, NR; Rahwan, I; Norman, TJ
Argumentation-based negotiation (ABN) provides agents with an effective means to resolve conflicts within a multi-agent society. However, to engage in such argumentative encounters the agents require the ability to generate arguments, which, in turn, demands four fundamental capabilities: a schema to reason in a social context, a mechanism to identify a suitable set of arguments, a language and a protocol to exchange these arguments, and a decision making functionality to generate such dialog...
D'Souza, Annabel Nica
The research presented in chapters 2, 3, and 4 in this dissertation uses a sociocultural and sociohistorical lens, particularly around power, authority of knowledge and identity formation, to investigate the complexity of engaging in, supporting, and evaluating high-quality argumentation within a college biochemistry inquiry-oriented classroom. Argumentation skills are essential to college and career (National Research Council, 2010) and for a democratic citizenry. It is central to science teaching and learning (Osborne et al., 2004a) and can deepen content knowledge (Jimenez-Aleixandre et al., 2000; Jimenez-Aleixandre & Pereiro-Munhoz, 2002). When students have opportunities to make claims and support it with evidence and reasoning they may also increase their problem-solving and critical thinking capacity (Case, 2005; Willingham, 2007). Overall, this has implications in supporting students to become increasingly literate in scientific ideas, language, and practices. However, supporting argumentation can be challenging for instructors, particularly in designing leaning environments that facilitate and evaluate both the process and the product during student discussions (Duschl & Osborne, 2002). Fostering argumentation is complex and requires explicit modeling and multiple opportunities for dialogic interactions. This dissertation will examine how several facets influence argumentation in order to support instructors in implementing and improving argumentation in their inquiry-oriented classrooms. These facets include access to language and use of discursive moves, classroom design, curriculum and instructional activities, and interactional dynamics and power negotiation. The data set for this dissertation is a transcript generated from the audio- and video capture of a 7-minute student discussion around a mechanism in the TCA (TriCarboxylic Acid) cycle, as well as student writing, and course documents from student portfolios. This dissertation, organized using the
Full Text Available This article investigates the concept of graphical argumentation as an exercise of essayistic prose developed in the process of writing expansion in printed texts. It is understood that by expanding the scope of the word in the context of visual graphics processes such as drawings, photography and infographics, arguments are achievements much more of diagrammatic reasoning than of rhetorical elaboration. Proof of that are graphic arguments, which have become an inalienable modeling from texts of scientific communication, such as the ones produced in the Pesquisa FAPESP journal.
Roach, Charles A
Companion articles explore random drug testing programs in schools. The first article addresses random drug testing of students from a legal perspective. It describes legal issues and current case law regarding drug testing programs in schools and commonly asked questions regarding these programs. The second article addresses random drug testing of students from a practice perspective. It explores arguments for and against random drug testing programs and the role of the school nurse in policy and procedure development.
Kamimura, Taeko; Oi, Kyoko
A study examined differences in argumentative strategies in Japanese and American English by analyzing English essays on capital punishment written by 22 American high school seniors and 30 Japanese college sophomores. Differences were found in the organizational patterns, content and use of rational appeals, preference for type of diction, and…
(wards) an explicit or implicit goal. The object of a directional verb may play another role in the event described by the sentence than the object of the corresponding simple (and non-directional) verb. This gives rise to so-called argument alternation, in that, for instance, an object and an instrumental adverbial...
Artiklen diskuterer den påstand, at absolut ytringsfrihed er en nødvendig forudsætning for demokratisk legitimitet med udgangspunkt i en rekonstruktion af et argument fremsat af Ronald Dworkin. Spørgsmålet er, hvorfor ytringsfrihed skulle være en forudsætning for demokratisk legitimitet, og hvorf...
Nielsen, Anne Ellerup
such as causality, explanation and justification. In certain types of discourse, causal relations also imply an intentional element. This paper describes the way in which the semantic and pragmatic functions of causal markers can be accounted for in terms of linguistic and rhetorical theories of argumentation....
Dec 23, 2008 ... The Formal Darwinism Project aims to provide a formal argument linking population genetics to fitness optimization, which of necessity includes defining fitness. This bridges the gulf between those biologists who assume that natural selection leads to something close to fitness optimization and those ...
Flavelle, P.; Goodwin, B.; Jensen, M.; Linden, R.; Mazurek, M.; Srivastave, M.; Strom, A.; Sudicky, E.; Voinis, S.
Working Group B addressed the communication of geo-scientific safety arguments through a discussion of practical experience as it related to the methods, types of information and specific arguments found to best communicate geo-scientific concepts and notions of safety with broad audiences including, colleagues, authorities and regulators, political decision makers, academics, and the general public. The following questions were suggested by the programme committee of the AMIGO-2 workshop for discussion by Working Group B with respect to the communication of geo-scientific information and safety arguments: - What is the place of geo-scientific arguments in relation to quantitative and qualitative topics like scenario and FEPs (features, events, processes) assessment, simulated repository evolution, calculated dose or risk impacts, engineering tests of materials, etc., when presenting a safety case to different audiences and with respect to the various stages of the repository programme? (see section 3). - Would we be better off focusing messages to the public on time scales of a few hundred years or a few generations? (see section 4). - How do you handle the fact that geoscience interpretations seldom are unique and data often are open to various interpretations? (see section 5). - How do you handle expert controversy on a specific topic? (see section 6). (authors)
Cirkovic, Milan M.
We consider the little-known anthropic argument of Fontenelle dealing with the nature of cometary orbits, given a year before the publication of Newton's Principia. This is particularly interesting in view of the rapid development of the recently resurgent theories of cometary catastrophism and their role in the modern astrobiological debates, for instance in the "rare Earth" hypothesis of Ward and Brownlee.
The Formal Darwinism Project aims to provide a formal argument linking population genetics to fitness optimization, which of necessity includes defining fitness. This bridges the gulf between those biologists who assume that natural selection leads to something close to fitness optimization and those biologists who believe ...
Palczewski, Catherine Helen
Focuses on the debates over the MacKinnon-Dworkin Anti-Pornography Ordinance to explore one instance of definitional argument: the attempt to effect a redefinition. Argues that advocates for a definitional shift created the possibility for a "terministic catharsis" by simultaneously locating pornography in multiple locations on the pentad,…
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
Éfren Paulo Porfirio de Sá Lima
Full Text Available The article presented makes a bibliographical and jurisprudential revision about the juridical nature of informed consent and its respective suitability in the selected list of fundamental rights, through the comparative study of the Brazilian and Spanish models of patient protection. The goal is to demonstrate that the informed consent doesn’t directly constitute a fundamental right in both juridical systems analyzed and that the informed consent protects, essentially, freedom and self-determination in health.
Sulmasy, Daniel P; Travaline, John M; Mitchell, Louise A; Ely, E Wesley
This article is a complement to "A Template for Non-Religious-Based Discussions Against Euthanasia" by Melissa Harintho, Nathaniel Bloodworth, and E. Wesley Ely which appeared in the February 2015 Linacre Quarterly . Herein we build upon Daniel Sulmasy's opening and closing arguments from the 2014 Intelligence Squared debate on legalizing assisted suicide, supplemented by other non-faith-based arguments and thoughts, providing four nontheistic arguments against physician-assisted suicide and euthanasia: (1) "it offends me"; (2) slippery slope; (3) "pain can be alleviated"; (4) physician integrity and patient trust. Lay Summary: Presented here are four non-religious, reasonable arguments against physician-assisted suicide and euthanasia: (1) "it offends me," suicide devalues human life; (2) slippery slope, the limits on euthanasia gradually erode; (3) "pain can be alleviated," palliative care and modern therapeutics more and more adequately manage pain; (4) physician integrity and patient trust, participating in suicide violates the integrity of the physician and undermines the trust patients place in physicians to heal and not to harm.
Morality, 67 NoTRE DAME L. REv. 335, 340 (1991). 33 See Charles J. Reid, Jr., War and Justice, 34 CATH. U. L. REv. 1173, 1176 (1985) * (book review). This...than churchly authority, and wrote as a jurist (his work entitles ’Concerning the Law of War and Peace’) rather than a churchman , it is to Grotius...today’s world, no one is ’innocent,’ and no one is neutral."). 119 Burton M. Leiser, Enemies of Mankind, in TERRORISM: How THE WEST CAN WIN 155 (1986
Timmer, S.T.; Meyer, J.J.C.; Prakken, H.; Renooij, S.; Verheij, Bart
Over the last decades the rise of forensic sciences has led to an increase in the availability of statistical evidence. Reasoning about statistics and probabilities in a forensic science setting can be a precarious exercise, especially so when in- dependencies between variables are involved. To
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)
When people evaluate the strength of an argument, their motivations are likely to influence the evaluation. However, few studies have specifically investigated the influences of motivational factors on argument evaluation. This study examined the effects of defence and accuracy motivations on argument evaluation. According to the compatibility between the advocated positions of arguments and participants' prior beliefs and the objective strength of arguments, participants evaluated four types of arguments: compatible-strong, compatible-weak, incompatible-strong, and incompatible-weak arguments. Experiment 1 revealed that participants possessing a high defence motivation rated compatible-weak arguments as stronger and incompatible-strong ones as weaker than participants possessing a low defence motivation. However, the strength ratings between the high and low defence groups regarding both compatible-strong and incompatible-weak arguments were similar. Experiment 2 revealed that when participants possessed a high accuracy motivation, they rated compatible-weak arguments as weaker and incompatible-strong ones as stronger than when they possessed a low accuracy motivation. However, participants' ratings on both compatible-strong and incompatible-weak arguments were similar when comparing high and low accuracy conditions. The results suggest that defence and accuracy motivations are two major motives influencing argument evaluation. However, they primarily influence the evaluation results for compatible-weak and incompatible-strong arguments, but not for compatible-strong and incompatible-weak arguments. © 2016 The British Psychological Society.
This paper aims to present an evaluation proposal of the performance in reading and writing dissertative-argumentative texts, based on principles and concepts from the theory of Argumentation in Language – created by Jean-Claude Anscombre and Oswald Ducrot, especially the version of the Theory of the Semantic Blocks and the works inspired by it. The goal is to create criteria which are capable of being less intuitive in judging the performance in reading and wrinting dissertative-argumentativ...
Pope, Thaddeus Mason
This issue's "Legal Briefing" column covers legal developments pertaining to informed consent. Not only has this topic been the subject of recent articles in this journal, but it also been the subject of numerous public and professional discussions over the past several months. Legal developments concerning informed consent can be usefully grouped into nine categories: 1. General disclosure standards in the clinical context; 2. Shared decision making; 3. Staturorily mandated abortion disclosures; 4. Staturorily mandated end-of-life counseling; 5. Other staturorily mandated subject-specific disclosures; 6. U.S. Food and Drug Administration (FDA) labeling and federal pre-emption of state informed consent law; 7. Relaxed informed consent for HIV testing; 8. General disclosure standards in the research context; 9. Issues on the horizon.
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.
Marishet, Mohammed Hamza
The Convention on the Rights of Persons with Disabilities (CRPD) prohibited deprivation legal capacity of persons with disability based on assessment of mental capacity. The assertion is that, persons with disabilities shall exercise their legal capacity in all aspects of life without any restrictions that are based on mental incapacity (such as, unsoundness of mind, deficit in mental capacity, dotage, etc. This approach signifies a shift from substituted decision making, where another person act on behalf of persons with mental disabilities, to supported decision making where the person with mental disability is assisted in decision making. The rationale for the move lies on the recognition that the right to legal capacity embodies the inherent meaning of what it meant to be human. Without legal capacity a person cannot exercise all other rights and entitlements. Accordingly, States parties to CRPD are required to reform domestic legislations that are based on substituted decision making model and recognize full legal capacity of persons with disabilities in line with supported decision making model. As a Sate party to CRPD, Ethiopia assumed the same obligation. Nonetheless, in its initial report to the Committee on CRPD, the country denies existence of legislation that restricts legal capacity on the grounds of mental incapacity. This research found out that there are restrictions imposed on legal capacity of persons with disabilities on the basis of mental incapacity/disability. The research analyzed the approach employed to restrict legal capacity under the existing legal frameworks of Ethiopia vis-à-vis supported decision-making regime under CRPD. The research is doctrinal and, as such, limited to content analysis of general and specific legal capacity laws of the country (such as, marriage, divorce, will, work and employment, political participation, access to justice and others). Copyright © 2017 Elsevier Ltd. All rights reserved.
Halstrøm, Per Liljenberg
This article introduces knowledge of the rhetorical genre of epideictic to design. The aim is to provide designers with concepts that stimulate their ability to deliberate about design choices and explore the arguments they may be making about the human-made world. The article begins with explora......, situational perspectives, and rhetorical genres, the article concludes that designers can benefit from perceiving their design as value celebration rather than problem solving....... with explorations of how to perceive the situations that designers may address; it then provides rhetorical perspectives that may be useful when creating design arguments; finally, examples of how to use these rhetorical perspectives in design are provided. Based on analyzed examples and theories on design problems...
Full Text Available This study investigated whether Preferred Argument Structure (Du Bois, 1987 is characteristic of early child Mandarin (2;2-3;1, and whether the patterns observed in child Mandarin can be explained by the account of human-ness suggested by Everett (2009. The results showed that Mandarin child language conforms to the constraints of Preferred Argument Structure, but that it does not support the related hypothesis of an ergative structuring of discourse. Both the factor of human-ness (Everett, 2009 and that of role types contribute to the accusative patterning observed in the data. The results are discussed in relation to children’s sensitivity to the association between discourse and grammar, and to the referential strategies used by adults in conversations with young children.
The paper is an attempt to explain what a transcendental argument is for Kant. The interpretation is based on a reading of the “Discipline of Pure Reason,” sections 1 and 4, of the first Critique. The author first identifies several statements that Kant makes about the method of proof he followed in the “Analytic of Principles,” ...
Widiss, Deborah; Tebbe, Nelson; Gilreath, Shannon
159 University of Pennsylvania Law Review PENNumbra 21 (2010) Professors Tebbe and Widiss revisit the arguments they made in "Equal Access and the Right to Marry" and emphasize their belief that distinguishing between different-sex marriage and same-sex marriage is inappropriate. They lament the sustained emphasis on the equal-protection and substantive-due-process challenges in the Perry litigation and suggest that an equal-access approach is more likely to be successful on appeal. Professor...
Prat-i-Pubill, Queralt; Lozano, Josep Maria
Prior research claims that argumentative persuasion, or meaning-making, can be used to successfully intervene in organizational settings. However, it is not clear how persuasive narratives affect individuals and how meaning-making is operationalized. The present study uses linguistics and ethology research to explain how meaning is created and structured. These are alternative disciplines to the rhetoric, narrative and storytelling currently utilized in management. We explain how to reach hum...
Isabel Cristina Michelan de Azevedo
Full Text Available This article draws upon the argumentative scheme described by New Rhetoric in order to discuss how the organization of reasonings by association and dissociation can be analyzed in Foucault’s studies (2008 , 2004  on the constitution of discourse in society, aiming to promote a reflection about the possibilities of analysis of high school students productions and about the organization of argument teaching in basic education. Through an interpretative methodology (ERICKSON, 1986, we seek to understand the discursive movements gathered from productions made during the National Secondary Education Examination in 2004 and to indicate alternatives to develop pedagogical practices committed to the formation of a critical subject. Illustrative analyzes indicate that students prepare reflections authorized by certain discursive formation, task that requires the definition of an identity and the preparing of arguments aligned to the political choices discursively adopted. Thus, it becomes evident the need to diversify the teaching and learning processes when one want to expand the possibilities of the subject to take any stance relative to other positions.
Graydon, Patrick J.; Holloway, C. Michael
The use of safety cases in certification raises the question of assurance argument sufficiency and the issue of confidence (or uncertainty) in the argument's claims. Some researchers propose to model confidence quantitatively and to calculate confidence in argument conclusions. We know of little evidence to suggest that any proposed technique would deliver trustworthy results when implemented by system safety practitioners. Proponents do not usually assess the efficacy of their techniques through controlled experiment or historical study. Instead, they present an illustrative example where the calculation delivers a plausible result. In this paper, we review current proposals, claims made about them, and evidence advanced in favor of them. We then show that proposed techniques can deliver implausible results in some cases. We conclude that quantitative confidence techniques require further validation before they should be recommended as part of the basis for deciding whether an assurance argument justifies fielding a critical system.
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)
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
Taylor, Kelley R.
The 21st century has brought many technological, social, and economic changes--nearly all of which have affected schools and the students, administrators, and faculty members who are in them. Luckily, as some things change, other things remain the same. Such is true with the fundamental legal principles that guide school administrators' actions…
This chapter of "Principles of School Business Management" discusses the implications of several court cases for legal issues affecting the role of the school business official. The issues addressed include civil rights, negligence, contracts, criminal liability, tuition and fees, and student records. The chapter opens with a brief overview of…
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...
Guttmacher, Alan F.; And Others
A roundtable discussion on legal abortion includes Dr. Alan F. Guttmacher, President of The Planned Parenthood Federation of America, Robert Hall, Associate Professor of Obstetrics and Gynecology at Columbia University College of Physicians and Surgeons, Christopher Tietze, a diretor of The Population Council, and Harriet Pilpel, a lawyer.…
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.
Full Text Available Do the quality and the quantity of arguments have an impact on the evaluation of bad news messages? To answer this question, two experiments were carried out using bad news letters in which the quality and the quantity of the arguments were manipulated in a contextually realistic way. The results of both experiments show that adding argumentation has a positive impact on the perceived politeness and the persuasive force of the letters. Furthermore, the studies show that the impact of strong arguments is greater than that of weak arguments. The effect of adding successive arguments is positive as well. However, the results indicate that one or two arguments are sufficient. Adding a third argument only minimally contributes to better evaluations.
Papers gepresenteerd op de conferentie, 'The Role of Legal Translation in Legal Harmonization', georganiseerd in Amsterdam op 21 januari 2011, door The Amsterdam Circle for Law & Language (ACLL) en the Centre for the Study of European Contract Law (CSECL).
Glückstad, Fumiko Kano; Herlau, Tue; Schmidt, Mikkel Nørgaard
This work contrasts Giovanni Sartor’s view of inferential semantics of legal concepts (Sartor in Artif Intell Law 17:217–251, 2009) with a probabilistic model of theory formation (Kemp et al. in Cognition 114:165–196, 2010). The work further explores possibilities of implementing Kemp’s probabili......This work contrasts Giovanni Sartor’s view of inferential semantics of legal concepts (Sartor in Artif Intell Law 17:217–251, 2009) with a probabilistic model of theory formation (Kemp et al. in Cognition 114:165–196, 2010). The work further explores possibilities of implementing Kemp......’s probabilistic model of theory formation in the context of mapping legal concepts between two individual legal systems. For implementing the legal concept mapping, we propose a cross-categorization approach that combines three mathematical models: the Bayesian Model of Generalization (BMG; Tenenbaum......-IRM (n-IRM) proposed by Herlau et al. (IEEE International Workshop on Machine Learning for Signal Processing, 2012). We apply our cross-categorization approach to datasets where legal concepts related to educational systems are respectively defined by the Japanese- and the Danish authorities according...
van Laar, Jan Albert
How does the analysis and evaluation of argumentation depend on the dialogue type in which the argumentation has been put forward? This paper focuses on argumentative bluff in eristic discussion. Argumentation cannot be presented without conveying the pretence that it is dialectically reasonable, as well as, at least to some degree, rhetorically effective. Within eristic discussion it can be profitable to engage in bluff with respect to such claims. However, it will be argued that such bluffi...
Herbert, William; Herbert, David L.
A medical model is used to examine liability issues related to cardiac rehabilitation programs. Obtaining effective informed consent from patients, standardizing policies and procedures, and exercise prescription and monitoring are among the proposed elements of a risk management model for developing safe and legally defensible programs. (IAH)
Kim and Roth (this issue) purport to draw on the social-psychological theory of L. S. Vygotsky in order to investigate social relations in children's argumentation in science topics. The authors argue that the argumentation framework offered by Stephen Toulmin is limited in addressing social relations. The authors thus criticize Toulmin's Argument Pattern (TAP) as an analytical tool and propose to investigate the genesis of evidence-related practices (especially burden of proof) in second- and third-grade children by studying dialogical interactions. In this paper, I illustrate how Toulmin's framework can contribute to (a) the study of "social relations", and (b) provide an example utilizing a theoretical framework on social relations, namely Engeström's Activity Theory framework, and (c) describe how we have used the Activity Theory along with TAP in order to understand the development of argumentation in the practices of science educators. Overall, I will argue that TAP is not inherently incapable of addressing social relational aspects of argumentation in science education but rather that science education researchers can transform theoretical tools such as Toulmin's framework intended for other purposes for use in science education research.
In order to be able to evaluate argumentation supporting judicial decisions, certain norms of reasonableness will have to be agreed upon. These norms will enable us to decide on the soundness of the argumentation. Various publications demonstrated that the pragma-dialectical argumentation theory, in
Howell, Emily; Butler, Tracy; Reinking, David
We conducted a formative experiment investigating how an intervention that engaged students in constructing multimodal arguments could be integrated into high school English instruction to improve students' argumentative writing. The intervention entailed three essential components: (a) construction of arguments defined as claims, evidence, and…
Schutt, Robin Muksian
Describes how a professor teaching a "Writing Arguments" course focused on two cases involving the death penalty to show students how arguments are constructed, and how students can form strong arguments of their own. Notes that this approach does not force students to choose sides when they stand somewhere in the middle. Describes four…
Hanna, Gila; Jahnke, Hans Niels
Investigates what the role of arguments from physics within mathematical proof is, and how this role should be reflected in the classroom. Presents examples showing the fruitfulness of center of gravity arguments in terms of geometrical configuration and the laws of the lever. Discusses educational advantages of the use of arguments from physics…
The researcher conducted a formative experiment in a ninth- and a 10th-grade English classroom to observe a multiliteracies-based intervention implemented to improve high school students' arguments. Traditionally, argument is taught from a cognitive perspective, emphasizing concepts such as claims, evidence, and warrants. However, arguments are…
In dit artikel wil ik niet Anselmus' Argument bespreken maar dat van Lucas -J.R.Lucas om precies to zijn. Lucas' Argument is gericht tegen de dwaas die in zijn hart zei: de mens is een machine. Het argument is kort, maakt gebruik van eenvoudige, maar diepe wiskundige stellingen -de
Sheldon, C T; Aubry, T D; Arboleda-Florez, J; Wasylenki, D; Goering, P N
The following study evaluates the complex association between legal involvement and mental illness. It describes a population of consumers of community mental health programs, comparing those with legal involvement to those without legal involvement, on a number of demographic, clinical and social indicators. It is a secondary analysis of data collected in studies making up the Community Mental Health Evaluation Initiative (CMHEI) in the province of Ontario, Canada. Legal involvement was a significant issue among community mental health program consumers; about one in five consumers had at least some contact with the legal system in the preceding nine months. Legally involved consumers were more likely to be in receipt of social assistance and be unstably housed than those legally uninvolved. However, there were no significant differences between legally involved and uninvolved consumers with respect to severity of symptomatology, current medication use or number of hospitalization days in the past 9 months. A predictive model compared the differential impact of clinical and social determinants upon legal involvement. Analyses failed to uncover a significant relationship between severity of psychiatric symptomatology and legal involvement. Significant predictors of legal involvement included gender, race, drug use as well as housing instability, and receipt of social assistance. Legal involvement was attributable to factors other than the severity of mental illness; these results challenge assumptions that the most symptomatically severe consumers are most at risk of legal involvement. Accordingly, the rate of legal involvement in a sample of community mental health program users must be considered in a broad context, with particular emphasis on social disadvantage.
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.
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
Badke, Lara K.
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.
Randall, Lisa H; Curran, Eileen A; Omer, Saad B
Recent years have brought increased focus on the desirability of vaccinating more healthcare workers against influenza. The concern that novel 2009 H1N1 influenza A would spark a particularly severe influenza season in 2009-2010 spurred several institutions and one state to institute mandatory vaccination policies for healthcare workers, and several new mandates have been introduced since then. Some healthcare workers, however, have voiced objections in the media and in legal proceedings. This paper reviews the characteristics of influenza and how it is transmitted in the healthcare setting; surveys possible constitutional, administrative, and common law arguments against mandates; assesses the viability of those arguments; and identifies potential new legal strategies to support influenza vaccine mandates. It is intended to assist those involved in the regulation and administration of public and private healthcare institutions who may be considering approaches to mandates but have concerns about legal challenges. Copyright © 2013 Elsevier Ltd. All rights reserved.
Full Text Available In 2008, the Malaysia land code, named the National Land Code 1965 (NLC 1965, was amended to add Part Five (A to deal with the disposal of underground space. In addition, the Circular of the Director General of Lands and Mines No. 1/2008 was issued to assist the application of Part Five (A of the NLC 1965. However, the legislation is still questionable and has instigated many arguments among numerous actors. Therefore, this research was undertaken to examine legal considerations for the development of underground space. The focus is on four legal considerations, namely underground space ownership, the bundle of rights, depth, and underground space utilization. Rooted in qualitative methods, interviews were conducted with respondents involved in the development of underground space in Malaysia. The obtained data were then analyzed descriptively. The findings differentiated the rights of landowners for surface land and underground space, and their liability for damages and the depth. It was indicated that the current legislation in Malaysia, namely Part Five (A of the NLC 1965 and the Circular of the Director General of Lands and Mines No. 1/2008, is adequate to facilitate the development of underground space in terms of legal considerations. However, to further facilitate the development of underground land in the future, based on the research, four enhancements are recommended for legal considerations pertaining to the development of underground space in Malaysia. Keywords: Underground space, Legal consideration, Land right, Urban development
Full Text Available This paper examines the interaction between accounting standards and legal capital in the European Union legal framework. More in particular, it attempts to compare on a parallel basis the distributional and behavioural function of both concepts and to address whether the current legal status quo in the European Union fulfils these functions. First, this paper makes a short reference to the various accounting families which are encountered today, with a strong emphasis on the distinction between Anglo-American and Continental systems. Then, it describes the EU accounting regulation and the introduction of IFRS in domestic legislation. Further, it discusses the concept of legal capital as it has been established in European jurisdictions and it points to the relevance of the Continental accounting standards. It is argued that both are characterized by paternalism, contrasting with Anglo-American standards and American distributional methods, which are outlined by contractariansm. The final argument is that the combination of legal capital rules and Anglo-American standards, like the IFRS, neither achieves the protective role prescribed to the former, nor guarantees the aims of the latter.
There is a strong need for companies that provide legal services to corporate clients to better understand the future business models in order to customize their service offering, marketing and strategies. This study examines the needs and the expectations of potential corporate customers for legal services. The research was conducted in order to collect legal services business specific information on consumer behavior and to confirm known and reveal prospective unknown patterns for purch...
The debate about the reduction of CO 2 -emissions, as seen for example at the UN climate conference in Kyoto, includes a mixture of economic and ethical arguments. Joint implementation using the market mechanisms is viewed as being unethical because the rich countries are able to pay others to carry out their redutions. This debate is seen as a continuation of a very old discussion about the ethics of the market. The Nordic electricity market is used as an example to demonstrate that the use of tradeable permissions has well defined positive consequences. (au) 26 refs
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.
Riera-Fernández, Pablo; Munteanu, Cristian R; Escobar, Manuel; Prado-Prado, Francisco; Martín-Romalde, Raquel; Pereira, David; Villalba, Karen; Duardo-Sánchez, Aliuska; González-Díaz, Humberto
: Metabolic networks (72.3%), Parasite-Host networks (93.3%), CoCoMac brain cortex co-activation network (89.6%), NW Spain fasciolosis spreading network (97.2%), Spanish financial law network (89.9%) and World trade network for Intelligent & Active Food Packaging (92.8%). In order to seek these models, we studied an average of 55,388 pairs of nodes in each model and a total of 332,326 pairs of nodes in all models. Finally, this method was used to solve a more complicated problem. A model was developed to score the connectivity quality in the Drug-Target network of US FDA approved drugs. In this last model the θ(k) values were calculated for three types of molecular networks representing different levels of organization: drug molecular graphs (atom-atom bonds), protein residue networks (amino acid interactions), and drug-target network (compound-protein binding). The overall accuracy of this model was 76.3%. This work opens a new door to the computational reevaluation of network connectivity quality (collation) for complex systems in molecular, biomedical, technological, and legal-social sciences as well as in world trade and industry. Copyright © 2011 Elsevier Ltd. All rights reserved.
Representations are fundamental tools to support argumentation in science learning. However, little is known about how preservice science teachers (PSTs) with different argumentation understandings view and use representations in argumentation. Therefore, the purpose of this case study was to explore the views and practices of PSTs' use of…
Emig, Brandon R.; McDonald, Scott; Zembal-Saul, Carla; Strauss, Susan G.
This study invited small groups to make several arguments by analogy about simple machines. Groups were first provided training on analogical (structure) mapping and were then invited to use analogical mapping as a scaffold to make arguments. In making these arguments, groups were asked to consider three simple machines: two machines that they had…
Minor girls are legally considered as incapable, under the authority of their parents. Difficulties can arise when a minor becomes pregnant. The law takes account of this situation: under certain conditions, she can decide by herself to undertake certain actions, medical or otherwise, without the consent of her parents. These include access to contraception, abortion or anonymous birth. Copyright © 2016 Elsevier Masson SAS. All rights reserved.
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.
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...
Grant, Jon E; Odlaug, Brian L; Davis, Andrew A; Kim, Suck Won
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.
Full Text Available La rhétorique, dit Aristote, est le pendant de la dialectique et de l’argumentation. Cela pose le problème de leur harmonisation au sein d’une théorie unifiée, où la rhétorique littéraire voisine avec la logique juridique. La problématologie est cette conception unifiée. Les questions expresses relèvent du conflit argumenté, comme en droit, qui les codifie, et les questions indirectes, des réponses qui les avalent par l’élégance et le style pour se faire passer pour résolutoires de ces questions. La rhétorique est la négociation de la distance entre les individus sur une question donnée, une question plus ou moins problématique et conflictuelle. La problématologie est à la base d’une véritable nouvelle rhétorique, avec de nouvelles prémisses fondées sur le questionnement, laissées jusque-là en friche. Des figures de rhétorique à l’inférence du vraisemblable, le questionnement est le socle où viennent s’articuler la raison, le langage et la persuasion.According to Aristotle, rhetoric is the counterpart of argumentation. How can we understand the relationship between literary, rhetoric and legal reasoning, if we do not have a general theory of rhetoric? Problematology purports to be precisely that. Questions can be addressed either directly, as in law and legal conflict, where the questions, the pros and the contras are, so to speak, on the table, or indirectly,through their answers, as if they were solved thereby. Rhetoric is the negotiation of the differences between the orator and the audience on a given question, which can be more or less problematic, rhetorical or argumentative. Problematology is the founding theory behind this “new” rhetoric. From the figures of speech to plausible inference, the theory of questioning offers an integrated view of reason, language and persuasion.
Gallardo-Paúls, B; Gimeno-Martínez, M; Moreno-Campos, V
Clinical linguistics involves a study of linguistic deficits which focuses on a series of aspects that range from strictly formal, grammatical points to the effective and contextualised use of language. Thus, it is also inevitably concerned with the cognitive, i.e. mental, correlate of such language use, whose basic textual dimensions are narration and argument. To describe the argumentative skills in adolescents with attention deficit hyperactivity disorder (ADHD) and to examine their relationship with academic achievement and sociability. We analysed 79 argumentative texts written by adolescents with ADHD, using a methodology from cognitive linguistics and from theories of argumentation with a dialogical foundation. Adolescents with ADHD provided a greater number of arguments than those in the control group, but with a higher predominance of emotional and negative sanction strategies compared with a greater use of fallacious or circular arguments in those in the control group; the difference between the use of rational arguments in the two groups is not significant.
[Italian Decree D.lgs 231/2001--"Regulations regarding administrative responsibilities of corporate bodies of Companies and Associations including those not legally recognized"--an organizational model for the healthcare area].
Roberti, Giovanni; Fiore, Rosalia; Franco, Claudia; Pimpinella, Giovanni; Piscioneri, Patrizia
Healthcare organizations must implement organizational and management models of regulation and control systems for effectively preventing possible administrative torts by personnel. We define an organizational management and control model for healthcare organizations, based on the legal dispositions of Decree n.231/2001. The model identifies critical points in the administrative and healthcare services delivery processes that are at high-risk of violations to the code. Its primary aim is to prevent torts by the personnel and safeguard the organization at the same time.
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Legal research and preparation of legal... INSTITUTIONAL MANAGEMENT LEGAL MATTERS Inmate Legal Activities § 543.11 Legal research and preparation of legal... program or work assignment), to do legal research and to prepare legal documents. Where practical, the...
Gerdts, Caitlin; DePiñeres, Teresa; Hajri, Selma; Harries, Jane; Hossain, Altaf; Puri, Mahesh; Vohra, Divya; Foster, Diana Greene
Factors such as poverty, stigma, lack of knowledge about the legal status of abortion, and geographical distance from a provider may prevent women from accessing safe abortion services, even where abortion is legal. Data on the consequences of abortion denial outside of the US, however, are scarce. In this article we present data from studies among women seeking legal abortion services in four countries (Colombia, Nepal, South Africa and Tunisia) to assess sociodemographic characteristics of legal abortion seekers, as well as the frequency and reasons that women are denied abortion care. The proportion of women denied abortion services and the reasons for which they were denied varied widely by country. In Colombia, 2% of women surveyed did not receive the abortions they were seeking; in South Africa, 45% of women did not receive abortions on the day they were seeking abortion services. In both Tunisia and Nepal, 26% of women were denied their wanted abortions. The denial of legal abortion services may have serious consequences for women's health and wellbeing. Additional evidence on the risk factors for presenting later in pregnancy, predictors of seeking unsafe illegal abortion, and the health consequences of illegal abortion and childbirth after an unwanted pregnancy is needed. Such data would assist the development of programmes and policies aimed at increasing access to and utilisation of safe abortion services where abortion is legal, and harm reduction models for women who are unable to access legal abortion services. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://group.bmj.com/group/rights-licensing/permissions.
Alpine Windharvest: development of information base regarding potentials and the necessary technical, legal and socio-economic conditions for expanding wind energy in the Alpine Space - CFD modelling evaluation - Summary of WindSim CFD modelling procedure and validation
Schaffner, B.; Cattin, R. [Meteotest, Berne (Switzerland)
This report presents the development work carried out by the Swiss meteorology specialists of the company METEOTEST as part of a project carried out together with the Swiss wind-energy organisation 'Suisse Eole'. The framework for the project is the EU Interreg IIIB Alpine Space Programme, a European Community Initiative Programme funded by the European Regional Development Fund. The project investigated the use of digital relief-analysis. The report describes the development of a basic information system to aid the investigation of the technical, legal and socio-economical conditions for the use of wind energy in the alpine area. The report deals with the use of computational fluid dynamics and wind simulation modelling techniques and their validation. Recommendations on the use of the results are made.
In Defending Life: A Moral and Legal Case Against Abortion Choice (2007) and an earlier article in this journal, "Defending Abortion Philosophically"(2006), Francis Beckwith argues that fetuses are, from conception, prima facie wrong to kill. His arguments are based on what he calls a "metaphysics of the human person" known as "The Substance View." I argue that Beckwith's metaphysics does not support his abortion ethic: Moral, not metaphysical, claims that are part of this Substance View are the foundation of the argument, and Beckwith inadequately defends these moral claims. Thus, Beckwith's arguments do not provide strong support for what he calls the "pro-life" view of abortion.
This discussion paper critically assesses the American Nurses Association's stated arguments against nurse participation in assisted suicide, as found in its current (2013) position statement. Seven distinct arguments can be gleaned from the American Nurses Association's statement, based on (1) the American Nurses Association's Code of Ethics with Interpretive Statements and its injunction against nurses acting with the sole intent to end life, (2) the risks of abuse and misuse of assisted suicide, (3) nursing's social contract or covenant with society, (4) the contention that nurses must not harm their patients, (5) the sanctity of life, (6) the traditions of nursing, and (7) the fundamental goals of nursing. Each of these arguments is evaluated, and none are found to be convincing. This is crucial because the American Nurses Association's official stance on nurse participation in assisted suicide can have significant consequences for the well-being of nurses who care for patients in jurisdictions in which assisted suicide is legally available. The American Nurses Association should therefore have a strong and convincing justification for opposing the practice, if it is to take such a position. That it fails to evince such a justification in its official statement on the matter places a burden on the American Nurses Association to more strongly justify its position, or else abandon its stance against nurse participation in assisted suicide.
Nunes Leal Franqueira, V.; Tun, Thein Tan; Yu, Yijun; Wieringa, Roelf J.; Nuseibeh, Bashar
When showing that a software system meets certain security requirements, it is often necessary to work with formal and informal descriptions of the system behavior, vulnerabilities, and threats from potential attackers. In earlier work, Haley et al.  showed structured argumentation could deal
McLeod, Kenneth; Ferguson, Gus; Burger, Albert
In situ hybridisation gene expression information helps biologists identify where a gene is expressed. However, the databases that republish the experimental information online are often both incomplete and inconsistent. Non-monotonic reasoning can help resolve such difficulties - one such form of reasoning is computational argumentation. Essentially this involves asking a computer to debate (i.e. reason about) the validity of a particular statement. Arguments are produced for both sides - the statement is true and, the statement is false - then the most powerful argument is used. In this work the computer is asked to debate whether or not a gene is expressed in a particular mouse anatomical structure. The information generated during the debate can be passed to the biological end-user, enabling their own decision-making process. This paper examines the evolution of a system, Argudas, which tests using computational argumentation in an in situ gene hybridisation gene expression use case. Argudas reasons using information extracted from several different online resources that publish gene expression information for the mouse. The development and evaluation of two prototypes is discussed. Throughout a number of issues shall be raised including the appropriateness of computational argumentation in biology and the challenges faced when integrating apparently similar online biological databases. From the work described in this paper it is clear that for argumentation to be effective in the biological domain the argumentation community need to develop further the tools and resources they provide. Additionally, the biological community must tackle the incongruity between overlapping and adjacent resources, thus facilitating the integration and modelling of biological information. Finally, this work highlights both the importance of, and difficulty in creating, a good model of the domain.
dell'Isola, F.; Madeo, A.; Seppecher, P.
Second gradient theories are nowadays used in many studies in order to describe in detail some transition layers which may occur in micro-structured materials and in which physical properties are sharply varying. Sometimes higher order theories are also evoked. Up to now these models have not been based on a construction of stresses similar to the one due to Cauchy, which has been applied only for simple materials. It has been widely recognized that the fundamental assumption by Cauchy that the traction depends only on the normal of the dividing surface cannot be maintained for higher gradient theories. However, this observation did not urge any author, to our knowledge, to revisit the Cauchy construction in order to adapt it to a more general conceptual framework. This is what we do in this paper for a continuum of grade N (also called N-th gradient continuum). Our construction is very similar to the one due to Cauchy; based on the tetrahedron argument, it does not introduce any argument of a different nature. In particular, we avoid invoking the principle of virtual work. As one should expect, the balance assumption and the regularity hypotheses have to be adapted to the new framework and tensorial computations become more complex.
Bex, F.; Braak, S.W. van den; Oostendorp, H. van; Prakken, H.; Verheij, B.; Vreeswijk, G.A.W.
Sense-making software for crime investigation should be based on a model of reasoning about evidence that is both natural and rationally well-founded. A formal model is proposed that combines AI formalisms for abductive inference to the best explanation and for defeasible argumentation. Stories
Computational experiment approach considers models as the fundamental instructional units of Inquiry Based Science and Mathematics Education (IBSE) and STEM Education, where the model take the place of the "classical" experimental set-up and simulation replaces the experiment. Argumentation in IBSE and STEM education is related to the…
White, Fiona A.; Charles, Margaret A.; Nelson, Jacqueline K.
The research reported in this article examined the conditions under which persuasive arguments are most effective in changing university students' attitudes and expressed behavior with respect to affirmative action (AA). The conceptual framework was a model that integrated the theory of reasoned action and the elaboration likelihood model of…
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
T du Plessis
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.
Jaime Alberto Carmona Parra
Full Text Available The article begins with a reflection on performative utterances, which are speech acts, to show that the right contributes to the creation of reality and subjectivity. Based on this argument examines five definitions of the situation of children demobilized from illegal armed groups in Colombia, named according to their effects psychoeducational: victimizing, pathologizing, criminalizing, idealizing and responsabilizing. Each definition is examined in terms of their philosophical affiliation, deterministic, nondeterministic or interactionist, its effects on the construction of the identity of minors and in his appeal to responsibility and legal insanity. At the end of the article shows the intervention proposals arising from each of the definitions and shows the role that restorative justice can play in building a model of care which confers responsibility to the children demobilized from illegal armed groups, and other victims of armed conflict, which guarantees the restitution of rights and also empowers them as key actors in redefining their social role and identity reconstruction.
Sari, B. P.; Feranie, S.; Winarno, N.
This research aim is to investigate the effect of Conceptual Change Text toward students’ argumentation skills in learning sound concept. The participant comes from one of International school in Bandung, Indonesia. The method that used in this research is a quasi-experimental design with one control group (N=21) and one experimental group (N=21) were involves in this research. The learning model that used in both classes is demonstration model which included teacher explanation and examples, the difference only in teaching materials. In experiment group learn with Conceptual Change Text, while control group learn with conventional book which is used in school. The results showed that Conceptual Change Text instruction was better than the conventional book to improved students’ argumentation skills of sound concept. Based on this results showed that Conceptual Change Text instruction can be an alternative tool to improve students’ argumentation skills significantly.
Full Text Available It has been claimed that Israel has the highest per capital rate of lawyers in the world, resulting in belief that the Israel Bar is overpopulated. The first law colleges, which were established 20 years ago, are newcomers to the production of legal professions. The leadership of the Israel Bar have held the law colleges responsible for Israel’s overpopulation of lawyers and for the legal profession’s decline in prestige. This paper examines whether the perception of overcrowding of the profession is a new “discovery” or rather the recycling of a standard dynamic between professionals and legal education institutions. While this paper focuses specifically on Israel, concern about the overpopulation of the profession has become a central concern in many other jurisdictions. Se ha asegurado que Israel tiene el ratio de abogados per cápita más alto del mundo, lo que hace creer que el Colegio de Abogados de Israel está superpoblado. Las primeras facultades de derecho, que se establecieron hace 20 años, son recién llegados de la producción de abogados. El liderazgo del Colegio de Abogados de Israel ha hecho que las facultades de derecho sean responsables de la superpoblación de abogados en Israel y del descenso del prestigio de la abogacía. Este artículo analiza si la percepción de superpoblación de la profesión es un nuevo “descubrimiento”, o, por el contrario, el reciclaje de una dinámica estándar entre profesionales e instituciones de formación en derecho. Aunque este artículo se centra especialmente en Israel, la superpoblación de la profesión se ha convertido en una preocupación central en muchas otras jurisdicciones.
Raychaudhury, S.; Lynden-Bell, D.
The quadrupolar component of the gravitational field due to neighbouring galaxies at the barycentre of the Local Group is estimated. The tidal effect consists of an almost equal compression and extension along two principal axes, and of almost no effect along the third. The positive axis of the quadrupole component is aligned with the dipole component for galaxies within 10 Mpc of the Local Group. The nature of the binary orbit of the Andromeda galaxy and the Milky Way in the presence of this tidal field is investigated, and possible orbits are suggested. Though the tidal effects are appreciably strong, they hardly affect the mass of the Local Group derived from timing arguments. The direction along which Andromeda seems to have emerged from the Big Bang indicates that it was responsible for the orbit of the Magellanic Clouds about the Galaxy. The proper motion of Andromeda is predicted. (author)
Full Text Available Many governments from European Union recognize the fact that agrotourism and rural tourism represents one way that can save the agriculture in that in the coming year’s rural tourism and agrotourism will become representative elements for rural area, the arguments of this representativity being the purpose of this paper. The rural area offers great opportunities for development of agrotourism, practicing of its being necessary in the current period. At the majority of rural settlements, the defining emblematic is multiple: the quality of landscape and warmth of the inhabitants, works of art and popular technique, traditional occupations, costumes, customs, traditions, cuisine, resources, etc. To these is added also the awareness, by small farmers, of the need to diversify agricultural activity, both in and outside the farm, by engaging in other activities, with non-agricultural character, from which agrotourism is one of the most circulated.
Z. Gonul BALKIR
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
This paper aims to provide an overview of the Caspian energy prospects and politics on the global scene with a particular emphasis on the legal disputes and their impact on business operations. It also elaborates on the investment environment, the geopolitical stakes and country positions for each key player as they relate to the legal arguments that are randomly advanced according to the perceived national interests. Turkey position as a consumer, transit country and security provider for Caspian energy shipments in relation to other major players active in the region is also of special interest to the paper. The paper puts forth a series of ideas for reaching a settlement of the disputes in the Caspian region. (author)
This paper aims to provide an overview of the Caspian energy prospects and politics on the global scene with a particular emphasis on the legal disputes and their impact on business operations. It also elaborates on the investment environment, the geopolitical stakes and country positions for each key player as they relate to the legal arguments that are randomly advanced according to the perceived national interests. Turkey position as a consumer, transit country and security provider for Caspian energy shipments in relation to other major players active in the region is also of special interest to the paper. The paper puts forth a series of ideas for reaching a settlement of the disputes in the Caspian region. (author)
Educators recognize the importance of reasoning ability for development of critical thinking skills, conceptual change, metacognition, and participation in 21st century society. There is a recognized need for students to improve their skills of argumentation, however, argumentation is not explicitly taught outside logic and philosophy---subjects that are not part of the K-12 curriculum. One potential way of supporting the development of argumentation skills in the K-12 context is through incorporating Computer-Assisted Argument Mapping to evaluate arguments. This quasi-experimental study tested the effects of such argument mapping software and was informed by the following two research questions: 1. To what extent does the collaborative use of Computer-Assisted Argumentation Mapping to evaluate competing theories influence the critical thinking skill of argument evaluation, metacognitive awareness, and conceptual knowledge acquisition in high school Advanced Placement physics, compared to the more traditional method of text tables that does not employ Computer-Assisted Argumentation Mapping? 2. What are the student perceptions of the pros and cons of argument evaluation in the high school Advanced Placement physics environment? This study examined changes in critical thinking skills, including argumentation evaluation skills, as well as metacognitive awareness and conceptual knowledge, in two groups: a treatment group using Computer-Assisted Argumentation Mapping to evaluate physics arguments, and a comparison group using text tables to evaluate physics arguments. Quantitative and qualitative methods for collecting and analyzing data were used to answer the research questions. Quantitative data indicated no significant difference between the experimental groups, and qualitative data suggested students perceived pros and cons of argument evaluation in the high school Advanced Placement physics environment, such as self-reported sense of improvement in argument
This paper is an overview of recent discussions concerning the mind-body problem, which is being addressed at the interface between philosophy and neuroscience. It focuses on phenomenal features of consciousness or "qualia," which are distinguished from various related issues. Then follows a discussion of various influential skeptical arguments that question the possibility of reductive explanations of qualia in physicalist terms: knowledge arguments, conceivability arguments, the argument of multiple realizability, and the explanatory gap argument. None of the arguments is found to be very convincing. It does not necessarily follow that reductive physicalism is the only option, but it is defensible. However, constant conceptual and methodological reflection is required, alongside ongoing research, to keep such a view free from dogmatism and naivety.
Diamond, Lisa M; Rosky, Clifford J
We review scientific research and legal authorities to argue that the immutability of sexual orientation should no longer be invoked as a foundation for the rights of individuals with same-sex attractions and relationships (i.e., sexual minorities). On the basis of scientific research as well as U.S. legal rulings regarding lesbian, gay, and bisexual (LGB) rights, we make three claims: First, arguments based on the immutability of sexual orientation are unscientific, given what we now know from longitudinal, population-based studies of naturally occurring changes in the same-sex attractions of some individuals over time. Second, arguments based on the immutability of sexual orientation are unnecessary, in light of U.S. legal decisions in which courts have used grounds other than immutability to protect the rights of sexual minorities. Third, arguments about the immutability of sexual orientation are unjust, because they imply that same-sex attractions are inferior to other-sex attractions, and because they privilege sexual minorities who experience their sexuality as fixed over those who experience their sexuality as fluid. We conclude that the legal rights of individuals with same-sex attractions and relationships should not be framed as if they depend on a certain pattern of scientific findings regarding sexual orientation.
Müller, Olaf L.
Are we perhaps in the "matrix", or anyway, victims of perfect and permanent computer simulation? No. The most convincing—and shortest—version of Putnam's argument against the possibility of our eternal envattment is due to Crispin Wright (1994). It avoids most of the misunderstandings that have been elicited by Putnam's original presentation of the argument in "Reason, Truth and History" (1981). But it is still open to the charge of question-begging. True enough, the premisses of the argument...
Müller, Olaf L.
Bekommen wir vielleicht alle unsere Sinneseindrücke aus einem gigantischen Simulationscomputer? Nein. Von Crispin Wright stammt die beste und kürzeste Fassung des Arguments von Hilary Putnam, wonach wir nicht seit jeher Gehirne im Tank sein können (oder Opfer der "Matrix"). Wright vermeidet die meisten Missverständnisse, denen die ursprüngliche Fassung des Arguments aus "Reason, Truth and History" (Putnam 1981) ausgesetzt war. Nichtsdestoweniger droht dem Argument selbst in Wrights Fassung di...
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...
Schäfke, Werner; Mayoral, Juan A.; Hvidt, Martine Stagelund
This article provides novel empirical survey evidence on socialization factors leading lecturers to implement interdisciplinary teaching in law. Recent debates on the legal scholarship and higher education legal institutions advocates for the introduction of interdisciplinary approaches to legal...... of the teaching staff in this institution. To explain the adoption of interdisciplinary teaching, we rely on socialization factors connected to their former higher education and socialization in research and multidisciplinary environments....
Full Text Available ABSTRACT This article is a response to 'Fear of death and the symmetry argument', in this issue. In that article, the author discusses the above Lucretian symmetry argument, and proposes a view that justifies the existing asymmetry in our attitudes towards birth and death. I begin by distinguishing this symmetry argument from a different one, also loosely inspired by Lucretius, which also plays a role in the article. I then describe what I take to be the author's solution to the original symmetry argument (i.e. the one above and explain why I am unpersuaded by it.
Full Text Available The paper reconstructs Frege's criticism of the ontological argument for the existence of God on the basis of various remarks scattered in his writings. The material is organized in such a way as to: (a reveal a logical structure of the argument; (b show and discern various presupposition of a logical, semantical and ontological character; and (c indicate some essential weaknesses of the ontological argument. It is argued that Frege's critical commentaries on this argument are essentially connected to four solutions, stating that: (1 the difference between a name and a predicate is categorical; (2 the existential judgement possesses a different logical structure than the singular judgement; (3 in the characteristic of concepts marks and properties should be distinguished; (4 the ascription of number contains the statement about a concept. In order to make Frege's argumentation as understandable as possible it is confronted with Kant's criticism of ontological argument. The analysis carried on in the above-described way reveals a number of shortcomings which discredit the ontological argument. For example, the paper shows that the analysis of predication of oneness (Einzigkeit does not lead to the affirmation of God's existence. Moreover, it shows that in that argument the term God is used in two different semantic roles; that some theses that should constitute the argument's conclusion, are already assumed; and that sense-condition and truth-conditions are not distinguished.Other author's publications:
data machines may be able to (or are thought to be able to) make a prediction profile, leaving risks for individuals for being excluded from life and health insurances, being targets for computational policing etc. An additional dimension to the prefabricated decisions is the commercial aspect......) 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...
Full Text Available This paper explores persuasive writing and what more might be done to help equip young people with the written literacy tools to be effective participants in civic activism. Firstly, we argue from an Australian (and Tasmanian context that there may be merit in teachers and students re-visiting some of the advice from classical rhetoric around the discovery of arguments. Secondly, we analyse challenges that 14 year old students face in responding to Australia’s national literacy tests which include a persuasive writing task – and exemplify this section with evidence drawn from a data source of outstanding student responses. We conclude by critically reviewing and augmenting the literacy strategies suggested in a representative citizenship education teaching text, and suggest a tentative stepped model for supporting high quality persuasive writing in the context of active citizenship and democratic engagement.
Ransom, Keith J; Perfors, Amy; Navarro, Daniel J
Everyday reasoning requires more evidence than raw data alone can provide. We explore the idea that people can go beyond this data by reasoning about how the data was sampled. This idea is investigated through an examination of premise non-monotonicity, in which adding premises to a category-based argument weakens rather than strengthens it. Relevance theories explain this phenomenon in terms of people's sensitivity to the relationships among premise items. We show that a Bayesian model of category-based induction taking premise sampling assumptions and category similarity into account complements such theories and yields two important predictions: First, that sensitivity to premise relationships can be violated by inducing a weak sampling assumption; and second, that premise monotonicity should be restored as a result. We test these predictions with an experiment that manipulates people's assumptions in this regard, showing that people draw qualitatively different conclusions in each case. Copyright © 2015 Cognitive Science Society, Inc.
Cork, Kerry; Forman, Carolyn
As communities move toward statewide smoke-free regulation, progress is often stymied by legal and political challenges that arise when multiple cities and counties share regulatory power within what is, for economic purposes, a single population center. Political challenges are exacerbated by legal inconsistencies and uncertainties, such as confusing and conflicting lawmaking power in boards of health, cities or counties, and diverse procedures and timelines for adopting and amending ordinances. Surprisingly little research is available about the legal and political obstacles communities face in regulating tobacco on a regional basis. Researchers used case study methodology to analyze legal and political challenges that seven multi-jurisdictional Minnesota regions faced in smoke-free ordinance campaigns between 2000 and 2006, to examine the approaches regulatory authorities took in each of these communities, and to identify strategies to help public health advocates, health organizations, policymakers, and legal professionals anticipate, avoid, and address these obstacles. Legal impediments included confusing rules for passing smoke-free laws via ballot measures (initiatives and referenda); distracting lawsuits; and conflicts over legal jurisdiction. Political challenges included the recurrent argument for regional consistency, protracted timelines, pending legislation and elections, and mayoral vetoes. Legal and political challenges similar to those in this study appear in smoke-free campaigns across the U.S. By recognizing the risks posed by these obstacles, advocates will be better prepared to advance smoke-free policies effectively.
Full Text Available This paper aims to present an evaluation proposal of the performance in reading and writing dissertative-argumentative texts, based on principles and concepts from the theory of Argumentation in Language – created by Jean-Claude Anscombre and Oswald Ducrot, especially the version of the Theory of the Semantic Blocks and the works inspired by it. The goal is to create criteria which are capable of being less intuitive in judging the performance in reading and wrinting dissertative-argumentative texts. The analysis of the corpora – the Enem 2011’s composition proposal and 50 (fifty texts written by the students – and the test of the criteria of reading and writing evaluation in this work revealed practice funcionality and efficiency of criteria. The results allow these criteria to be applied in any evaluation processes of dissertative-argumenative texts. Finally, this paper offers theoretical and methodological subisdies which can help teachers and professors to qualify their teaching of reading and writing and the evaluation of student’s texts.
Raisler, K.M.; Gregory, A.M.
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
Ovidiu – Horia Maican
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.
Rafael Alejandro Betancourt Durango
Full Text Available In the context of university training of lawyers, argumentative skills are vital for the outstanding performance of these professionals in their work environment; so the State sphere has tended to design, collecting the Saber-Pro test model, generic and specific evaluation components that support the appropriation of reading and writing and literacy skills in law students who face the State exam. In this research paper it is intended to inform the academic community about the indicators of performance on Saber-Pro tests, reflected by the students attached to the Law Program at Institución Universitaria de Envigado, seen from the analysis of argumentative skills
Ghirardi, Gian Carlo; Marinatto, Luca
We generalize the Greenberger-Horne-Zeilinger nonlocality without inequalities argument to cover the case of arbitrary mixed statistical operators associated to three-qubits quantum systems. More precisely, we determine the radius of a ball (in the trace distance topology) surrounding the pure GHZ state and containing arbitrary mixed statistical operators which cannot be described by any local and realistic hidden variable model and which are, as a consequence, noncompletely separable. As a practical application, we focus on certain one-parameter classes of mixed states which are commonly considered in the experimental realization of the original GHZ argument and which result from imperfect preparations of the pure GHZ state. In these cases we determine for which values of the parameter measuring the noise a nonlocality argument can still be exhibited, despite the mixedness of the considered states. Moreover, the effect of the imperfect nature of measurement processes is discussed
Proposed of a new legal model in the utilization of the resources arising out of royalties by the municipalities; Proposta de um novo modelo legal no trato dos recursos advindos dos royalties por parte dos municipios beneficiados
Dantas, Daniel Ramos; Silveira Neto, Otacilio dos Santos [Universidade Federal do Rio Grande do Norte (UFRN), Natal, RN (Brazil). Programa de Recursos Humanos da ANP em Direito do Petroleo e Gas Natural, PRH-36
The Brazilian model of exploration guarantees to some cities participation in the result of the exploration of the hydro-carbons. Since the distribution of these resources meet the technical criteria, established by law, what we have is that some of these cities receives relevant values. Despite such benefits, the general feeling of the population is that these cities have not been changes, although they have larger budgets. This slice of resources to cities arising from oil exploration, through royalties, through the simplistic view of the population does not guarantee them a better condition of life. Many cities receive large sums and or have considerable budget dependence on these resources. Point paramount in the study is that the management of municipal resources is very precarious. The waste is excessive, the practices of good management are unknown or simply ignored; and dealing with public resources as if they were private is a bad spread dramatically. The exposure of a different path is always well seen and spreads hope. These cities should be examples of quality of life for its population, since it does not know the value received monthly, and much less as these amounts are applied. Through comparative studies and analysis of good means employees in the use of these resources, it is observed that there are solutions to this problem. (author)
Гаврилова, Ілона Олександрівна; Університет державної фіскальної служби України
In the article the features of the administrative liability of legal entities in Ukraine; The experience of foreign countries on the administrative liability of legal entities, proposed measures to improve the administrative and tort legislation on administrative liability of legal entities in Ukraine.The problems of liability of legal entities were always relevant and important for administrative and legal science. Legal entities, performing administrative and legal relationships, may commit...
Duschl, Richard A.; Ellenbogen, Kirsten; Erduran, Sibel
Effective argumentation is the distinguishing feature of a classroom that employs discovery teaching and student inquiry methodologies. In the long term, the objective of the program is to understand how to design learning environments and curriculum, instruction, and assessment models that promote student self-reflection. The study evaluates the…
Lam, Yau Wai; Hew, Khe Foon; Chiu, Kin Fung
This study investigated the effectiveness of a blended learning approach--involving the thesis, analysis, and synthesis key (TASK) procedural strategy; online Edmodo discussions; online message labels; and writing models--on student argumentative writing in a Hong Kong secondary school. It also examined whether the application of digital game…
Pouit, Delphine; Golder, Caroline
The aim of this study was to show how general models of text production can account for argumentative text planning. It focuses in particular on retrieval process in 11- to 18-year-old children. Various experimental situations were designed to promote different ways of retrieving ideas from long-term memory. Essays written by students were…
This dissertation presents a model of lexical category determination based on properties of argument structure. To start with, there are two types of lexicons – functional and conceptual. Members of the conceptual lexicon are category-less roots which encode concepts. For each concept its thematic
Hill, Charles A.
In a study, 52 first-year college students were asked to complete questionnaires about their attitudes about legalizing drugs. The students were to offer persona judgments about hypothetical authors arguing for and against legalization. Next, the participants were assigned to read and evaluate essays for and against legalization, and then were to…
Closing remarks on the Communications Decency Act, requiring Internet providers to censor materials that may be unsuitable for minors, were heard on May 10, 1996. The American Civil Liberties Union (ACLU) is leading the challenge to the law. Because information about HIV necessarily must deal with sexual practices, HIV/AIDS service providers would be forced to either avoid talking about the subject or find ways to prevent minors from accessing the information. During the oral arguments, U.S. Justice Department attorney Anthony Coppolino tried to show that the Internet is more like a broadcast medium such as television or radio and is different from newspapers, which enjoy a constitutional protection against government censorship. ACLU attorney Christopher Hansen disagreed, saying the reverse is true. The ACLU said parental control mechanisms such as SurfWatch, Net Nanny, and Cyberpatrol are commercially available to parents who wish to restrict their children's Internet access and are more effective than the government's proposal. The court is expected to rule on the lawsuit in several weeks. An appeal to the U.S. Supreme Court is expected, regardless of the outcome.
Young, R. P.; Kuranz, C. C.; Li, C. K.; Hartigan, P.; Liao, A.; Froula, D.; Fiksel, G.; Ross, J. S.; Chang, P.-Y.; Manuel, M. J.-E.; Levesque, J. M.; Klein, S.; Zylstra, A.; Sio, H. W.; Barnak, D.
In this talk we will discuss general scaling arguments applicable to magnetically affected shock experiments and their inherent challenges. This genre of experiments is rapidly growing and holds enormous promise for the field of laboratory astrophysics, but universally faces two basic constraints. First, the conditions must be right for a shock to form, and, second, the magnetic field strength must be strong enough to affect the structure and/or evolution of the shock. We will present the ramifications of these constraints, their effect on recent experiments we fielded, and current efforts underway to overcome them. This work is funded by the U.S. Department of Energy, through the NNSA-DS and SC-OFES Joint Program in High-Energy-Density Laboratory Plasmas, Grant Number DE-NA0002956, and the National Laser User Facility Program, Grant Number DE-NA0002719, and through the Laboratory for Laser Energetics, University of Rochester by the NNSA/OICF under Cooperative Agreement No. DE-NA0001944.
Gribnau, J.L.M.; Soeteman, A.
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,
What is being suggested as the most feasible course now is a standfast position on the legal front; an aggressive, directed research program planned to answer the critical questions about marijuana; and a discouragement policy for adolescents. Legalization is not seen as a tenable solution for many reasons, and it is one that may be irreversible and regretted.
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...
... United States Patent and Trademark Office Legal Processes ACTION: Proposed collection; comment request... Patent and Trademark Office (USPTO). The rules for these legal processes may be found under 37 CFR Part 104, which outlines procedures for service of process, demands for employee testimony and production...
... Patent and Trademark Office Legal Processes ACTION: Proposed collection; comment request. SUMMARY: The... United States Patent and Trademark Office (USPTO). The rules for these legal processes may be found under 37 CFR Part 104, which outlines procedures for service of process, demands for employee testimony and...
Discusses proposals for a new guest worker program with Mexico, reviewing characteristics of U.S. farmworkers, the current federal H-2A program for admitting legal guest workers for farm work, major proposals being debated to turn unauthorized into legal farmworkers, and new considerations after September 11 that may affect the negotiations. (SM)
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...
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...
This study explored how the construction of an argument graph promotes students' collaborative online reading compared to note-taking. Upper secondary school students ("n"?=?76) worked in pairs. The pairs were asked to search for and read source material on the Web for a joint essay and either construct an argument graph or take notes…
Katrenko, S.; Adriaans, P.
This paper presents an approach to detection of the semantic types of relation arguments employing the WordNet hierarchy. Using the SemEval-2007 data, we show that the method allows to generalize relation arguments with high precision for such generic relations as Origin-Entity, Content-Container,
Walker, Joi P.; Wolf, Steven F.
The ability to "engage in argument from evidence" is one of the eight practices identified in the "Next Generation Science Standards" as well as an emerging focus of undergraduate chemistry curricula. Guiding students to make evidence-based claims that engender argumentation will require faculty to revise conventional…
The "cis"-regulatory hypothesis is one of the most important claims of evolutionary developmental biology. In this paper I examine the theoretical argument for "cis"-regulatory evolution and its role within evolutionary theorizing. I show that, although the argument has some weaknesses, it acts as a useful example for the importance of current…
Argumentation incorporated into class discussions can improve students' problem solving skills and enhance their epistemic and conceptual understanding. Research indicates students sometimes need scaffolding such as goal instructions to improve their argumentation skills. This study examined the effectiveness of different types of goal…
Responds to nine common arguments against affirmative action, providing facts about each one. The arguments are that affirmative action is not needed; it is not working; it is not fair; it is not merit; it is reverse racism; it is group-think; it is quotas; it lowers self-esteem; and it provokes race consciousness. (SM)
How can teachers integrate rap and technology strategies to teach students with learning disabilities the art of persuasive argument writing? This teacher research study presents creative new approaches for teaching argument writing. Strategies used in the study helped college freshmen with learning disabilities (LD) succeed in developing…
This study examines how Japanese students perceive the qualities of written arguments that were constructed to have different forms. Based on the theoretical dimensions of verbal communication styles that Gudykunst and Ting-Toomey (1988) proposed, the research questions asked whether the respondents would perceive direct arguments to be of higher…
van Eemeren, F.H.; Greco Morasso, S.; Grossen, M.; Perret-Clermont, A.-N.; Rigotti, E.
Argumentation is a form of communicative interaction by means of which social realities - institutions, groups and relationships - are construed and managed. People develop argumentation in numerous purposeful activities: to make sound and well-thought decisions, to critically found their opinions,
Fung, Yong Mei; Mei, Hooi Chee
When writing an argumentative essay, writers develop and evaluate arguments to embody, initiate, or simulate various kinds of interpersonal and textual interaction for reader consideration (Wu & Allison, 2003). This is quite challenging for English as a second language (ESL) learners. To improve the quality of their writing, students need to…
Archila, Pablo Antonio
This article describes the effect of a teaching-learning sequence (TLS) based on the discovery of oxygen in promoting students' argumentation. It examines the written and oral arguments produced by 63 high school students (24 females and 39 males, 16-17 years old) in France during a complete TLS supervised by the same teacher. The data used in…
Rowland, Amber; Craig-Hare, Jana; Ault, Marilyn; Ellis, James; Bulgren, Janis
In this article the authors share how social media, paired with gaming and in-class supports, can facilitate the practice of scientific argumentation and report data that show how students can learn and practice argumentation through these highly interactive and engaging mediums. Social media will continue to evolve and fluctuate in popularity,…
Monteserin, Ariel; Schiaffino, Silvia; Amandi, Analia
In CSCL systems, students who are solving problems in group have to negotiate with each other by exchanging proposals and arguments in order to resolve the conflicts and generate a shared solution. In this context, argument construction assistance is necessary to facilitate reaching to a consensus. This assistance is usually provided with isolated…
Salminen, T.; Marttunen, M.; Laurinen, L.
This study investigates whether combining chat discussion and construction of an argument diagram stimulates students to formulate new ideas in practising argumentation. In this study, 16 secondary school students discussed vivisection and gender equality in pairs using both free and structured chat tools. In structured chat, the students selected…
Salminen, Timo; Marttunen, Miika; Laurinen, Leena
Joint construction of new knowledge demands that persons can express their statements in a convincing way and explore other people's arguments constructively. For this reason, more knowledge on different means to support collaborative argumentation is needed. This study clarifies whether structured interaction supports students' critical and…
According to John Searle's well-known Is-Ought Argument, it is possible to derive an ought-statement from is-statements only. This argument concerns obligations involved in institutions such as promising, and it relies on the idea that institutions can be conceptualized in terms of constitutive
Is it possible to have moral knowledge? 'Moral justification skeptics' hold it is not, because moral beliefs cannot have the sort of epistemic justification necessary for knowledge. This skeptical stance can be summed up in a single, neat argument, which includes the premise that 'Inductive arguments from non-moral premises ...
Klein, Perry D.; Samuels, Boba
In a quasi-experimental study (N = 60), grade 7/8 teachers students were taught to write arguments in content-area subjects. After instruction, students drew on document portfolios to write on a new topic: "Do the continents drift?" In a MANCOVA, students who participated in argument instruction scored significantly higher than a control…
Towards an argumentative dialogue between local knowledge and official school curriculum: a case of local curriculum in Mozambique. ... reappropriation of both kinds of knowledge, that is, the space where the “silent coexistence” will be transformed into an “argumentative dialogue” between local and modern knowledge.
Set against a background of calls for evidence-based practice, this paper explores the role of evidence and argument in phenomenological research. Drawing on Smith's (1998) analysis of original argument, the author considers how evidence can be discerned, understood, and communicated, and the resulting kinds and ...
In this paper, I defend two skeptical claims regarding current research on visual arguments and I explain how these claims reflect upon past and future research. The first claim is that qualifying an argument as being visual amounts to a category mistake; the second claim is that past analyses of
Effective use of outside source texts is one of the key components of successful academic writing. This study aims at clarifying Japanese university EFL students' citation behaviors in producing argumentative writing. Twenty-six Japanese university EFL students wrote an argumentative essay. Their essays were analyzed quantitatively by six…
Improving Quality Using Architecture Fault Analysis with Confidence Arguments Peter H. Feiler Charles B. Weinstock John B. Goodenough ...argument are represented explicitly. As reasons for doubt, called defeaters, are removed, confidence in system claims increases [ Goodenough 2013, Weinstock...Peter, Goodenough , John, Gurfinkel, Arie, Weinstock, Charles, & Wrage, Lutz. Reliability Improvement and Validation Framework (CMU/SEI-2012-SR-013
Stuart, Shannon K.; Collins, James; Toms, Ozalle; Gwalla-Ogisi, Nomsa
This article provides an argument for implementing mindfulness supports within a school that adheres to the principles of whole schooling. First, the authors synthesize the research related to the use of mindfulness-based activities in schools. Next, they provide an argument for implementing mindfulness supports within a school that adheres to the…
Abat Ninet, Antoni
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...... examples of transposition and complicity of theological and juridical thoughts. For the purpose of this paper, imposed constitutions are political and legal norms of a state enacted and enforced without the free and full agreement of the Demos. Legal theology implies the application of religious phenomena......, theories and concepts to achieve undisputed legal legitimacy. Imposed constitutions as rules imposed for salvation for those “Platonic Philosophes” who have seen the “light”, that known the episteme are paramount examples of legal and political theology. The paper has two main sections. The first one...
The issue of possibly unrecoverable cost incurred by a utility, or `stranded costs,` has emerged as a major obstacle to developing a competitive generation market. Stranded or transition costs are defined as costs incurred by a utility to serve its customers that were being recovered in rates but are no longer due to availability of lower-priced alternative suppliers. The idea of `stranded cost,` and more importantly arguments for its recovery, is a concept with little basis in economic theory, legal precedence, or precedence in other deregulated industries. The main argument recovery is that the ``regulatory compact`` requires it. This is based on the misconception that the regulator compact is simply: the utility incurs costs on behalf of its customers because of the ``obligation to serve`` so, therefore, customers are obligated to pay. This is a mischaracterization of what the compact was and how it developed. Another argument is that recovery is required for economic efficiency. This presumes, however, a very narrow definition of efficiency based on preventing ``uneconomic`` bypass of the utility and that utilities minimize costs. A broader definition of efficiency and the likelihood of cost inefficiencies in the industry suggest that the cost imposed on customers from inhibiting competition could exceed the gains from preventing uneconomic bypass. Both these issues are examined in this paper.
Regenstein, Marsha; Trott, Jennifer; Williamson, Alanna; Theiss, Joanna
The US health care system needs effective tools to address complex social and environmental issues that perpetuate health inequities, such as food insecurity, education and employment barriers, and substandard housing conditions. The medical-legal partnership is a collaborative intervention that embeds civil legal aid professionals in health care settings to address seemingly intractable social problems that contribute to poor health outcomes and health disparities. More than three hundred health care organizations are home to medical-legal partnerships. This article draws upon national survey data and field research to identify three models of the medical-legal partnership that health care organizations have adopted and the core elements of infrastructure that they share. Financing and commitment from health care organizations are key considerations for sustaining and scaling up the medical-legal partnership as a health equity intervention.
Full Text Available Recently, ensemble learning methods have been widely used to improve classification performance in machine learning. In this paper, we present a novel ensemble learning method: argumentation based multi-agent joint learning (AMAJL, which integrates ideas from multi-agent argumentation, ensemble learning, and association rule mining. In AMAJL, argumentation technology is introduced as an ensemble strategy to integrate multiple base classifiers and generate a high performance ensemble classifier. We design an argumentation framework named Arena as a communication platform for knowledge integration. Through argumentation based joint learning, high quality individual knowledge can be extracted, and thus a refined global knowledge base can be generated and used independently for classification. We perform numerous experiments on multiple public datasets using AMAJL and other benchmark methods. The results demonstrate that our method can effectively extract high quality knowledge for ensemble classifier and improve the performance of classification.
Full Text Available This paper provides an account of the argument/adjunct distinction implementing the 'canonical approach'. I identify five criteria (obligatoriness, latency, co-occurrence restrictions, grammatical relations, and iterability and seven diagnostic tendencies that can be used to distinguish canonical arguments from canonical adjuncts. I then apply the criteria and tendencies to data from the Nakh-Daghestanian language Hinuq. Hinuq makes extensive use of spatial cases for marking adjunct-like and argument-like NPs. By means of the criteria and tendencies it is possible to distinguish spatial NPs that come close to canonical arguments from those that are canonical adjuncts, and to place the remaining NPs bearing spatial cases within the argument-adjunct continuum.
Glassner, Amnon; Weinstock, Michael; Neuman, Yair
Studies on argument have found that participants tend to prefer explanations to evidence. This apparent bias toward explanation has been qualified recently by research that has found it to diminish with the availability of evidence. This study examines the use of explanation versus evidence in the context of argumentation with reference to the goals of particular argument situations. Seventy-nine eighth-grade pupils at a regular, urban middle school. The pupils read argumentation scenarios, each having the stated goal of either explaining or proving a claim. The pupils rated the degree to which each of two provided assertions (one a theoretical explanation, and the other evidence-based) helped achieve the goal of the argument. On a second task, the pupils chose which of the two assertions should be more effective in achieving the argument goal. On the third task, the pupils generated either an explanation or evidence for each of the argumentation scenarios. Pupils demonstrated sensitivity to the relative epistemic strength of explanation and evidence. They rated explanations as more advantageous in achieving the explanation goal, and evidence as more advantageous in achieving the proof goal. Conversely, however, when asked to generate or recall an explanation or evidence, pupils produced more explanations than evidence independent of the argumentation goal. The study refines the definition of argumentation context to include specific goals. Pupils were sensitive to the context of the argumentation situation (e.g.goals, availability of evidence). However, they appeared to have a disposition toward explanation when asked to produce an explanation or evidence-based justification.
Wetherall, Anthony; Robin, Isabelle
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
Legal issues concerning wind power development and landowners were reviewed. Agreements with landowners present opportunities and risks for developers and land agents. Generally, a landowner agreement provides for a period of testing and an option to lease land for the purposes of installing and operating wind turbines. Provisions are used to set out the terms of the option and the lease; restrictions on use of the land by both parties; and the amount and method of payment. In order to establish a valid option to lease, it is necessary to have good and valuable consideration, certainty of terms and conditions, and compliance with statutes. If the term is too long or alienation of land appears too permanent, a transfer tax may be payable to the landowner. In Ontario, no land transfer tax is payable on a land lease if the term cannot exceed 50 years. Developers should expect basic terms to become public knowledge, and recognize that residents living near planned wind installations can use the local planning process to slow down or break a project, especially if they are concerned about negative environmental impacts such as noise. The arguments against wind farms on the basis of low frequency noise (LFN) are particularly damaging because they apply to all sites near human settlements, and the effects of LFN at inaudible levels have not been sufficiently studied to rule out the possibility of negative health effects. More comprehensive studies on the health effects of LFN are needed. Legal complications may also arise from wind theft, where one party with rights in a parcel of land erects a structure limiting the wind resource on an adjacent parcel of land without compensation. Further complications may arise from wind envy, where landowners may become envious of neighbours hosting turbine sites, while they must live with the sight and sound of the turbines without receiving compensation. Potential wind theft solutions include setback regulations; land pooling
Golden, B. W.
Given the complexity of the science involving climate change (IPCC, 2007), its lack of curricular focus within US K-12 schooling (Golden, 2009), and the difficulty in effecting conceptual change in science (Vosniadou, 2007), we sought to research middle school students' conceptions about climate change, in addition to how those conceptions changed during and as a result of a deliberately designed global climate change (GCC) unit. In a sixth grade classroom, a unit was designed which incorporated Argumentation-Driven Inquiry (Sampson & Grooms, 2010). That is, students were assigned to groups and asked to make sense of standard GCC data such as paleoclimate data from ice cores, direct temperature measurement, and Keeling curves, in addition to learning about the greenhouse effect in a modeling lesson (Hocking, et al, 1993). The students were then challenged, in groups, to create, on whiteboards, explanations and defend these explanations to and with their peers. They did two iterations of this argumentation. The first iteration focused on the simple identification of climate change patterns. The second focused on developing causal explanations for those patterns. After two rounds of such argumentation, the students were then asked to write (individually) a "final" argument which accounted for the given data. Interview and written data were analyzed prior to the given unit, during it, and after it, in order to capture complicated nuance that might escape detection by simpler research means such as surveys. Several findings emerged which promised to be of interest to climate change educators. The first is that many students tended to "know" many "facts" about climate change, but were unable to connect these disparate facts in any meaningful ways. A second finding is that while no students changed their entire belief systems, even after a robust unit which would seemingly challenge such, each student engaged did indeed modify the manner in which they discussed the
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)
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
Iordanou, Kalypso; Constantinou, Costas P.
The aim of this study was to examine how students used evidence in argumentation while they engaged in argumentive and reflective activities in the context of a designed learning environment. A Web-based learning environment, SOCRATES, was developed, which included a rich data base on the topic of climate change. Sixteen 11th graders, working with…
Full Text Available This paper firstly points out to historical and comparative state of parole in American and European law, which is an introduction into analysis of transformation in its regulation in criminal substantial, procedural and enforcement law in Serbia. Today there are two models (obligatory and discretionary of parole, which is allowed after 2/3 of the served sentence of imprisonment. At the same time special Code on prevention of sexual victimization of juveniles - contrary to the Criminal Code- abolishes a possibility of earlier release of all offenders of sexual crimes against juveniles. The author argues in favor of abolishment of parole prohibition for any category of offenders; restoration of the rule that half of the served sentence of imprisonment is a condition for consideration of request to be released on parole (only exceptionally for recidivists and those whose criminal habit has been proven conditional release would be allowed after 2/3 of served sentence; proposes specification of substantial requirements for approval; retention of solution that the court decides on conditional release, but with obligatory invitation of convicted person who would be entitled to comment on allegations made at hearing; judge for execution should also attend the procedure; an explanation must be justified by precise reasons which were decisive for the court; the appellate court should not only deal with formal aspects of procedure in deciding on contested verdict, but also with merits of arguments on which it is based; politicians should publicly explain the importance of parole in situations that make the public concerned because of media reporting about incidents in which conditionally released persons commit serious crimes; finally criminological sciences should be engaged in research that would help in searching for a suitable model of parole, which would be in accordance with international instruments and jurisprudence of the European Court of Human
McGinty, Emma E; Samples, Hillary; Bandara, Sachini N; Saloner, Brendan; Bachhuber, Marcus A; Barry, Colleen L
US states have begun to legalize marijuana for recreational use. In the absence of clear scientific evidence regarding the likely public health consequences of legalization, it is important to understand how the risks and benefits of this policy are being discussed in the national dialogue. To assess the public discourse on recreational marijuana policy, we assessed the volume and content of US news media coverage of the topic. We analyzed the content of a 20% random sample of news stories published/aired in high circulation/viewership print, television, and Internet news sources from 2010 to 2014 (N=610). News media coverage of recreational marijuana policy was heavily concentrated in news outlets from the four states (AK, CO, OR, WA) and DC that legalized marijuana for recreational use during the study period. Overall, 53% of news stories mentioned pro-legalization arguments and 47% mentioned anti-legalization arguments. The most frequent pro-legalization arguments posited that legalization would reduce criminal justice involvement/costs (20% of news stories) and increase tax revenue (19%). Anti-legalization arguments centered on adverse public health consequences, such as detriments to youth health and well-being (22%) and marijuana-impaired driving (6%). Some evidence-informed public health regulatory options, like marketing and packaging restrictions, were mentioned in 5% of news stories or fewer. As additional states continue to debate legalization of marijuana for recreational use, it is critical for the public health community to develop communication strategies that accurately convey the rapidly evolving research evidence regarding recreational marijuana policy. Copyright © 2016 Elsevier Inc. All rights reserved.
Pelton, Joseph N.
This paper addresses the changing international communications environment and explores the key elements of a new policy framework for the 21st Century. It addresses the issues related to changing markets, trade considerations, standards, regulatory changes and international institutions and law. The most important aspects will related to new international policy and regulatory frameworks and in particular to a new international code of ethics and behavior in the field of satellite communications. A new communications satellite policy framework requires systematically addressing the following points: • Multi-lateral agreements at the nation state and the operating entity level • Systematic means to access both private and public capital • Meshing ITU regulations with regional and national policy guidelines including • landing rights" and national allocation procedures. • Systematic approach to local partnerships • Resolving the issue of the relative standing of various satellite systems (i.e. GEO, MEO, and LEO systems) • Resolving the rights, duties, and priorities of satellite facility providers versus types of service prviders. Beyond this policy framework and generalized legal infrastructure there is also another need. This is a need that arises from both increased globalism and competitive international markets. This is what might quite simply be called a "code of reasonable conduct:" To provide global and international communications services effectively and well in the 21st Century will require more than meeting minimum international legal requirements. A new "code of conduct" for global satellite communications will thus likely need to address: • Privacy and surveillance • Ethics of transborder data flow • Censorship and moral values • Cultural and linguistic sensitivity • Freedom of the press and respect for journalistic standards As expanding global information and telecommunications systems grow and impact every aspect of modern
A dozen or more regulatory frameworks have been proposed for legal cannabis but many of the "not-for-profit" options have yet to be developed in any detail, reducing the likelihood they will be seriously considered by policy makers. New Zealand's innovative "not-for-profit" regulatory regime for gaming machine gambling (i.e. "slot machines") has reversed the previous increase in gambling expenditure, empowered local councils to cap the number of gambling venues, and is unique in requiring the societies operating gaming machines to distribution 40% of the gross expenditure from machines (i.e. $NZ 262 million in 2015) to community purposes (e.g. sports). However, the regime has been criticised for not addressing the concentration of gaming outlets in poorer communities, and not requiring grants to be allocated in the disadvantaged communities where outlets are located. There have also been cases of gaming societies providing community grants in exchange for direct or indirect benefits. In this paper we adapt this regulatory approach to a legal cannabis market. Under the proposed regime, licensed "not-for-profit" cannabis societies will be required to distribute 20% of cannabis sales to drug treatment and 20% to community purposes, including drug prevention. Grants must be allocated in the regions where cannabis sales are made and grant committees must be independent from cannabis societies. A 20% levy will be used to cover the wider health costs of cannabis use. A further 10% levy will be used to fund the regulator and evaluate the new regime. Local councils will have the power to decide how many, and where, cannabis retail outlets are located. Other important elements include a minimum price for cannabis, effective taxation of cannabis products, regulating CBD in cannabis products, higher taxation of traditional smoking products, advertising restricted to place-of-sale, no internet sales, and restrictions on industry involvement in regulation making and research
Cezanne-Bert, Pierrick; Chateauraynaud, Francis
Whereas the creation authorization of a deep geological storage centre will be able to be awarded only after a law defining reversibility conditions, this document reports the study of the different argument and speech types about the notion of reversibility in the management of nuclear wastes. This study is based on 2.360 texts and 17 interviews with the main actors of this issue. After a description of this corpus, the authors analyze the reversibility notion in terms of technological innovation, legal constraint, and protest forms. They identify the main trends and possible emerging conflicts
Kelly, Erin L.; Dobbin, Frank
Most employers installed sexual harassment grievance procedures and sensitivity training by the late 1990s. It was personnel experts, not courts, legislatures, or lawyers, who promoted these antiharassment strategies, drawn from the profession’s tool kit. Personnel succeeded because it was executives, not public officials, who defined professional jurisdiction, and executives proved susceptible to personnel’s argument that bureaucratic routines could reduce legal risk. With each landmark in h...
Nikolai N. Tsukanov
Full Text Available The research paper deals with the administrative-legal regime of the mining of gold, the thesis on the impact of regulatory gaps in this area on the crime situation in some gold –mining regions is argumented. A proposal to include in the legislation the term “non-industrial gold-mining” is proposed, possible content of this concept is revealed.
Fernandez Regalado, Luis
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
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 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.
Full Text Available The aim of this paper is to discuss challenges in legal translation from the view of a teacher who evaluates the work of semi-professional translators in a special setting. Recurrent translation errors may subsequently be used as a pedagogical resource in specialised translator training. The observation of recurrent challenges confronting the candidates in legal translation and the absence of formal translator training programs are the reasons why NHH now offers an on-line course in legal translation, JurDist, focusing i.a. on useful translation strategies.
Hillebrand, Jennifer; Olszewski, Deborah; Sedefov, Roumen
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.
Full Text Available The article deals with the teleological argument, or argument from design, as expounded by a famous English Protestant theologian Richard Baxter, one of the leading 17-th century English Puritans, in his work “The Reasons of the Christian Religion”. Natural theology, providing arguments for the existence of God based on reason and without appeal to the Revelation, has always played a vital role throughout the entire history of theological thought. The most popular was the so called teleological argument, or the argument from design, which stands out among all rational arguments for the existence of the Creator. It is mostly known from the “Fifth Way” of the medieval Scholastic philosopher Thomas Aquinas and a famous work “Natural Theology” by an English 19-th century theologian William Paley. The foundation for the modern research in the area was laid during the age of the Scientific Revolution of the 17th century English nature philosophers and theologians, especially Robert Boyle, who believed the teleological argument to be the key element of Natural Theology. His friend and confessor, Richard Baxter, a prominent representative of the Puritan Natural Theology, mostly known by his theological works, paved the way for Natural Theology both in his own time and the following centuries. His work was thought to be the best collection of the evidences for Christianity.
Rissman, Lilia; Rawlins, Kyle; Landau, Barbara
The arguments of a verb are commonly assumed to correspond to the event participants specified by the verb. That is, drink has two arguments because drink specifies two participants: someone who drinks and something that gets drunk. This correspondence does not appear to hold, however, in the case of instrumental participants, e.g. John drank the soda with a straw. Verbs such as slice and write have been argued to specify an instrumental participant, even though instruments do not pattern like arguments given other criteria. In this paper, we investigated how instrumental verbs are represented, testing the hypothesis that verbs such as slice encode three participants in the same way that dative verbs such as lend encode three participants. In two experiments English-speakers reported their judgments about the number of participants specified by a verb, e.g. that drink specifies two participants. These judgments indicate that slice does not encode three distinct arguments. Nonetheless, some verbs were systematically more likely to elicit the judgment that the instrument is specified by the verb, a pattern that held across individual subjects. To account for these findings, we propose that instruments are not independent verbal arguments but are represented in a gradient away: an instrument may be a more or less salient part of the force exerted by an agent. These results inform our understanding of the relationship between argument structure and event representation, raising questions concerning the role of arguments in language processing and learning. PMID:26057832
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
Full Text Available Legal aid in India has evolved over the last few decades since 42nd Amendment to the Indian Constitution. This paper attempts to provide philosophical underpinnings suggesting how legal aid model has evolved over the years and excogitate a newer trajectory for its future evolution. It delves into weighing Kant’s imperfect duty justifying a charity based regime and marks a transition to utilitarian model suggesting requirement of institutional need to address issues of basic liberty of ‘access to justice.’ It also spells out Rawls’ principles of justice and attempts to explore their applicability in the Indian context, to chart out a road map for future. While contrasting different models on legal aids, it makes a finding that, India doesn’t accord priority to liberty of access to justice. The Indian Supreme Court has emerged as a bastion of liberty but the finer details of the enactment has been messed up by the Indian lawmakers. The lower compensation to lawyers and lack of alternative incentives in attracting established litigators, testifies this. There is a convergence in Kantian duty of benevolence and Rawls’ liberty principle but in the world of moral relativism, a fair compensation must precede before imposing any obligation on lawyers to take up pro bono matters, as doing so, is likely to compromise their ‘true needs.’
Brem, Sarah K.
Most everyday arguments are informal, as contrasted with the formal arguments of logic and mathematics. Whereas formal argument is well understood, the nature of informal argument is more elusive. A recent study by Rips (2002) provides further evidence regarding the roles of structure and pragmatics in informal argument.
Fábio Perin Shecaira
Full Text Available The paper provides a qualified defence of Bruce Waller’s deductivist schema for a priori analogical arguments in ethics and law. One crucial qualification is that the schema represents analogical arguments as complexes composed of one deductive inference (hence “deductivism” but also of one non-deductive subargument. Another important qualification is that the schema is informed by normative assumptions regarding the conditions that an analogical argument must satisfy in order for it to count as an optimal instance of its kind. Waller’s schema (in qualified form is defended from criticisms formulated by Trudy Govier, Marcello Guarini and Lilian Bermejo-Luque.
Nyvad, Anne Mette; Kizach, Johannes; Christensen, Ken Ramshøj
Previous research has shown that in fully grammatical sentences, response time increases and acceptability decreases when the filler in a long-distance extraction is incom- patible with the matrix verb. This effect could potentially be due to a difference between argument and adjunct extraction....... In this paper we investigate the effect of long extraction of arguments and adjuncts where incompatibility is kept constant. Based on the results from two offline surveys and an online experiment, we argue that the argument/adjunct asymmetry in terms of acceptability is due to differences in processing...
Several recent articles have weighed in on the question of whether moral philosophers can be counted as moral experts. One argument denying this has been rejected by both sides of the debate. According to this argument, the extent of disagreement in modern moral philosophy prevents moral philosophers from being classified as moral experts. Call this the Argument From Disagreement (AD). In this article, I defend a version of AD. Insofar as practical issues in moral philosophy are characterized by disagreement between moral philosophers who are more or less equally well credentialed on the issue, non-philosophers have no good reasons to defer to their views. © 2015 John Wiley & Sons Ltd.
І. M. Alieksieieva
Full Text Available One of the distinguishing features of man as a biological individual who is able to comprehend meaningfully the reality surrounding him and manage his actions is consciousness. Depending on the scientific-theoretical approaches or applied needs, it is customary to apply a certain differentiation of definitions of the concept of consciousness, for example, everyday or political, individual or mass, the consciousness of school or student youth, and other. One of its varieties, perhaps the most important at the present stage of development of society and statehood, is the legal consciousness of man. The problem of the formation and functioning of the human sense of justice is one of the most popular and constantly developed in a number of scientific fields. The purpose of the work is to study the state of scientific knowledge of the legal consciousness and legal culture of student, future pharmacists in the context of legal education in the university. Materials and methods. According to a specific goal, the research was based on the analysis of international and national legislation, the database of scientific research developments of the National Library of Ukraine V.I. Vernadsky, the study of author's scientific works and professional publications on the formation of consciousness, legal consciousness and legal culture of youth, in particular, student. Methods of research - bibliographic, linguistic, comparative analysis, content-legal analysis. Results. The basic link of society is a person, as a biological individual, to which such mental entities as mind, consciousness and will are inherent. These qualities enable it to critically perceive the surrounding being, to realize and determine its place in the society, to program its perspective and direct its actions according to a specific goal. A specific form of consciousness is legal consciousness (legal awareness - the system of reflecting the legal reality in views, theories, concepts
Dwyer, Christopher P.; Hogan, Michael J.; Stewart, Ian
The current study compared the effects on comprehension and memory of learning via text versus learning via argument map. Argument mapping is a method of diagrammatic representation of arguments designed to simplify the reading of an argument structure and allow for easy assimilation of core propositions and relations. In the current study, 400…
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...
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.
. The married couples subjected to this mobile lifestyle are always in a process of becoming illegal, which is the consequence of ‘overstaying’ in Denmark or ‘understaying’ in Sweden. Besides its legal aspects, a semi-legal status also has significant moral implications that not only restructure marriage......In 2002, the Danish government introduced new legislation on family reunification to restrict the transnational arranged marriages that were occurring among some immigrant groups. Since then, thousands of people have emigrated from Denmark to Sweden where, as citizens of the European Union......, they are entitled to family reunification. In this article, I introduce the concept of semi-legality to describe the situation whereby Pakistani transnational couples commute on a regular basis between their legal residences in Sweden and their places of work or networks of friends and family in Denmark...
Alpine Windharvest: development of information base regarding potentials and the necessary technical, legal and socio-economic conditions for expanding wind energy in the Alpine Space - Alpine Space wind map - Modeling approach
Schaffner, B.; Remund, J. [Meteotest, Berne (Switzerland)
This report presents describes the development work carried out by the Swiss meteorology specialists of the company METEOTEST as part of a project carried out together with the Swiss wind-energy organisation 'Suisse Eole'. The framework for the project is the EU Interreg IIIB Alpine Space Programme, a European Community Initiative Programme funded by the European Regional Development Fund. The project investigated the use of digital relief-analysis. The series of reports describes the development and use of a basic information system to aid the investigation of the technical, legal and socio-economical conditions for the use of wind energy in the alpine area. This report discusses two modelling approaches investigated for use in the definition of a wind map for the alpine area. The method chosen and its application are discussed. The various sources of information for input to the model are listed and discussed.
Full Text Available La conception de Perelman sur le rôle des personnes dans l’argumentation est l’une des marques les plus caractéristiques de sa rupture avec les hypothèses cartésiennes sur le raisonnement. Alors que le paradigme rationaliste cherchait à minimiser ou à éliminer les considérations personnelles comme étant dilatoires et non pertinentes dans ce cadre, Perelman insiste sur le fait que l’argumentation met inévitablement l’accent sur les personnes spécifiques impliquées dans l’argumentation et que la relation entre le locuteur et ce qui est dit est toujours pertinente et importante. En adoptant cette position, Perelman ressuscite implicitement la conception classique de la preuve par le caractère (argument par l’ethos ou « ethotique ». Mais, bien que la Nouvelle Rhétorique consacre une large place au débat sur l’acte et la personne dans l’argumentation, elle n’accorde pas beaucoup de réflexion au concept classique et mélange différentes approches à l’intérieur de la tradition. Le résultat est que Perelman traite le rôle du locuteur dans l’argumentation uniquement en référence à des techniques abstraites et ne prend pas en compte l’importance de l’examen des cas particuliers pour éclairer la compréhension du fonctionnement de l’argument ethotique en situation dans le contexte complexe de son utilisation effective. Par conséquent, la prise en compte par Perelman du rôle de la personne dans l’argumentation doit être complétée par la référence à des études de cas et c’est dans ce but que j’étudie l’argument ethotique dans le célèbre essai de W. E. B. DuBois « Sur M. Booker T. Washington et autres ».Perelman’s view of the role of persons in argument is one of the most distinctive features of his break with Cartesian assumptions about reasoning. Whereas the Rationalist paradigm sought to minimize or eliminate personal considerations by dismissing them as distracting and
Full Text Available The design argument faced with big different writings in its Western background so that these writings have essential difference with each others. The design argument is posteriori demonstration for the existence of God which by analogy or induction and partial or general instances of the order in nature tries to affirm the intelligent designer. Since the concepts of design and end have firm connection with each other in the Western writings of this design but the concepts of purposiveness of divine acts, purposiveness of nature and its best system is assumed the same with each other and obvious confusion has been made between the design argument with the teleological argument and the best creational system. The aim of the article is to consider order in the world based upon the united components of a system (design argument, final cause (teleological argument and best system (best creational system argument and also to manifest the connection and distinction of these three reasoning.
João Maurício Adeodato
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.
Ramírez García, Hugo Saúl
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.
Kern, Cindy L.; Crippen, Kent J.
Scientific inscriptions—graphs, diagrams, and data—and argumentation are integral to learning and communicating science and are common elements in cyberlearning environments—those involving the use of networked learning technologies. However, previous research has indicated that learners struggle to use inscriptions and when they engage in argumentation, the learning of science content becomes secondary to the learning of argumentation skills. The purpose of this study was to evaluate two scaffolding strategies for these elements in a secondary school context: (1) self- explanation prompts paired with a scientific inscription and (2) faded worked examples for the evaluation and development of scientific arguments. Participants consisted of ninth and tenth grade students (age 13-16 years; N = 245) enrolled in state-mandated biology courses taught by four different teachers. A three-factor mixed model analysis of variance with two between factors (self-explanation prompts and faded worked examples) and one within factor (pre-, post-, delayed posttest) was used to evaluate the effects on the acquisition and retention of domain-specific content knowledge. Results indicated that neither strategy influenced the acquisition and retention of science content in a positive (i.e., learning) or negative (i.e., expertise reversal effect) way. Thus, general prompts were as effective as either of the scaffolding conditions. These unanticipated results suggest that additional research is warranted for learning scaffolds with pre-college populations where the gains were established with college-aged participants.
National Aeronautics and Space Administration — This proposal, in response to SBIR topic A2.02, develops low-cost, high-assurance UAS autonomy through argument-driven application of formal methods to runtime...
Giebels, Ellen; Taylor, Paul J
This research examines cultural differences in negotiators' responses to persuasive arguments in crisis (hostage) negotiations over time. Using a new method of examining cue-response patterns, the authors examined 25 crisis negotiations in which police negotiators interacted with perpetrators from low-context (LC) or high-context (HC) cultures. Compared with HC perpetrators, LC perpetrators were found to use more persuasive arguments, to reciprocate persuasive arguments in the second half of negotiations, and to respond to persuasive arguments in a compromising way. Further analyses found that LC perpetrators were more likely to communicate threats, especially in the first half of the negotiations, but that HC perpetrators were more likely to reciprocate them. The implications of these findings for our understanding of intercultural interaction are discussed. (PsycINFO Database Record (c) 2009 APA, all rights reserved).
Full Text Available This paper discusses the occurrence and the licensing of implicit object arguments, also referred to in the literature as null complements or understood arguments. Functionalist accounts (such as those by Groefsema and Németh T. which are couched in a relevance-theoretic framework have repeatedly claimed that this phenomenon is fundamentally dependent on dis-course-interpretational factors. In particular, it has been stated that implicit arguments can be used in Hungarian in a rather unrestricted way, and their occurrence is only limited by considerations of interpretability. We argue against both of these positions and try to show that cross-linguistic data can assist in revealing the circular nature and ultimate inadequacy of existing functional accounts of implicit argument licensing.
) that it ignores the distinction between what reasons we have and what we should do all things considered. I then illustrate the Continuity Argument and its problems in the case where human manipulation of organisms’ genetic makeup is a suggested reason for finding synthetic biology problematic. Finally, I suggest......Defenders of synthetic biology commonly make reference to the fact that established technologies, such as domestication or selective breeding, share some of the features of synthetic biology that critics argue make it ethically problematic. In this chapter, I reconstruct such references...... as instances of a type of argument which I dub the Continuity Argument. Roughly, the Continuity Argument seeks to show that if we are not disposed to reject the established technology, then features that this technology share with synthetic biology cannot provide reasons to find it ethically problematic. I...
Full Text Available Although many attempts at automated aids for legal drafting have been made, they were based on the construction of a new tool, completely from scratch. This is at least curious, considering that a strong parallelism can be established between a normative document and a software specification: both describe what an entity should or should not do, can or cannot do. In this article we compare normative documents and software specifications to find out their similarities and differences. The comparison shows that there are distinctive particularities, but they are restricted to a very specific subclass of normative propositions. The rest, we postulate, can be dealt with software tools. For such an enterprise the FormaLex tool set was devised: an LTL-based language and companion tools that utilize model checking to find out normative incoherences in regulations, contracts and other legal documents. A feature-rich case study is analyzed with the presented tools.
the public interest is defined and normatively framed in line with these interests, there are diverse quasi-techniques which reflect the arbitrary application of law. The recent state-building legal history is characterized by a prominent legal discontinuity, which has two forms of expression: first, legal discontinuity is a result of frequent changes of different and often conflicting socio-political systems of government, which are necessarily accompanied by respective changes in the positive legislation; second, discontinuity may also be a result of frequent legislative changes within a specific type of legal system. Such practices give rise to contradictions and polarizations in the legal culture and legal socialization. The common feature of all legal systems (thus far is the problem of applying the law, or the applicability of the normative framework. The normative legal tradition is not accompanied by the consistent factual application of the envisaged norms. Frequently, there is a prominent incongruity between the norm and the actual state of affairs. In addition to undermining the important function of law, this phenomenon shows the prevalence of traditional legal heritage in Serbian social relations. In comparison to transition countries which have meanwhile been integrated into the European Union, the Serbian society is poverty-stricken, economically devastated, inadequately structured in terms of public/private interests, normatively underdeveloped and value-barren; as such, it is difficult to administer and hard to change. The heritage of socio-economic relations slows down the reception of the liberal-democratic system and the adjustment to the model of competitive market economy. The former model of irrational authority of a powerful leader and a single-party system has been transformed into the party-state system (partocracy involving the dominant role of the authoritarian party leadership, which slows down the development of independent, autonomous
Hume's essay 'Of Miracles' has been a focus of controversy ever since its publication. The challenge to Christian orthodoxy was only too evident, but the balance-of-probabilities criterion advanced by Hume for determining when testimony justifies belief in miracles has also been a subject of contention among philosophers. The temptation for those familiar with Bayesian methodology to show that Hume's criterion determines a corresponding balance-of-posterior probabilities in favour of miracles is understandable, but I will argue that their attempts fail. However, I show that his criterion generates a valid form of the so-called No-Miracles Argument appealed to by modern realist philosophers, whose own presentation of it, despite their possession of the probabilistic machinery Hume himself lacked, is invalid. Copyright © 2015 Elsevier Ltd. All rights reserved.
Many Western intellectuals, especially those in humanities and social sciences, think that it can be easily shown that the persistent and massive opposition to same-sex marriage is rationally indefensible and that it is merely a result of prejudice or religious fanaticism. But a more detailed analysis of some of these widely accepted arguments against the conservative position reveals that these arguments are in fact based on logical fallacies and serious distortions of conservative critic...
Many Western intellectuals, especially those in humanities and socialsciences, think that it can be easily shown that the persistent and massive opposition to same-sex marriage is rationally indefensible and that it is merely a result of prejudice or religious fanaticism. But a more detailed analysis of some of these widely accepted arguments against the conservative position reveals that these arguments are in fact based on logical fallacies and serious distortions of conservative criticisms...
Yong Mei Fung; Hooi Chee Mei
When writing an argumentative essay, writers develop and evaluate arguments to embody, initiate, or simulate various kinds of interpersonal and textual interaction for reader consideration (Wu & Allison, 2003). This is quite challenging for English as a second language (ESL) learners. To improve the quality of their writing, students need to review their draft throughout the writing process. This study aimed to investigate the effect of self-assessment in group writing and how group work impr...
We consider a hidden-variable theoretic description of successive measurements of noncommuting spin observables on an input spin-s state. In this scenario, the hidden-variable theory leads to a Hardy-type argument that quantum predictions violate it. We show that the maximum probability of success of Hardy's argument in quantum theory is ((1/2)) 4s , which is more than in the spatial case.
Multi-agent systems (MAS) composed of autonomous agents representing individuals or organizations and capable of reaching mutually beneficial agreements through negotiation and argumentation are becoming increasingly important and pervasive.Research on both automated negotiation and argumentation in MAS has a vigorous, exciting tradition. However, efforts to integrate both areas have received only selective attention in the academia and the practitioner literature. A symbiotic relationship could significantly strengthen each area's progress and trigger new R&D challenges and prospects toward t
Collocation is used by most of the native speaker in both writing and speaking authentic English. This paper focused on knowing the students' collocation knowledge by examining their lexical and grammatical collocation performance in their argumentative writing. This research, therefore, conducted by analyzing deeply 10 argumentative writings of the third semester students of PBI STAIN JuraiSiwo Metro in academic year 2013/2014. The result of this research showed that there were 41 % errors f...
Eliminative Argumentation: A Basis for Arguing Confidence in System Properties John B. Goodenough Charles B. Weinstock Ari Z. Klein February... Goodenough 2012]. The current report supersedes our earlier report by providing a revised nota- tion, explicit rules for using the notation correctly, a...Theory of Argument Structure. Foris Publications, 1991. [ Goodenough 2012] Goodenough , J. B., Weinstock, C. B., & Klein, A. Z. Toward a Theory of
Greco Morasso, Sara; Rigotti, Eddo
This work investigates how argumentation, namely the communicative exchange aimed at founding ones position in a reasonable fashion, is an essential condition for the fulfilment of the pragmatic goals of mediation, conceived of as a conflict resolution practice. In mediation, the parties are competent and responsible for the decision on the conflict, while the mediator helps them assume an argumentative attitude. As it emerges from the results of this work, in a successful mediation proces...
Fritch, John E.; Leeper, Karla K.
Focuses on the function of metaphor in argument. Compares the positions of Kenneth Burke and Paul Ricoeur on the function and evaluation of argument, concluding that Ricoeur's position supplements Burke's view of tropological argument. (NH)
Amelsvoort, M.A.A. van
Discussion can lead to learning. Through discussion people can learn about other viewpoints and arguments, or construct new ideas together. However, discussion can also be difficult, due to problems with argumentation and collaboration. This dissertation investigates how argumentative diagrams can
Castro, C.G. de; Brandao, P.C.; Leitao, F.O.
This paper presents a scenario of legal control of software in measuring instruments. Such control is hampered by intrinsic problems related to software analysis and verification. To circumvent these difficulties, several projects are being developed to attack different stages of legal control, such as the model type approval, periodic verifications and metrological expertise. The proposals that will arise from these projects will be discussed among the parts and may be incorporated into the measuring instruments. (author)
Rodica Diana APAN
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.
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.