WorldWideScience

Sample records for modelling legal argument

  1. Argumentation in Legal Reasoning

    Science.gov (United States)

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

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

  2. Prerequisites for Correctness in Legal Argumentation

    OpenAIRE

    Mackuvienė, Eglė

    2011-01-01

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

  3. Public perceptions of arguments supporting and opposing recreational marijuana legalization.

    Science.gov (United States)

    McGinty, Emma E; Niederdeppe, Jeff; Heley, Kathryn; Barry, Colleen L

    2017-06-01

    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

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

    NARCIS (Netherlands)

    Feteris, E.T.

    2017-01-01

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

  5. Legal argumentation and judicial decision making: Empirical evidence from Ecuador

    Directory of Open Access Journals (Sweden)

    José Luis Castro-Montero

    2018-05-01

    Full Text Available Legal scholars often analyze argumentation from a formal perspective, mostly applied to judicial decision making. This article presents an alternative approach, as it empirically evaluates the quality of petitioners’ legal argumentation within the context of abstract constitutional review proceedings. The quality of legal argumentation is herein defined as the ability of the petitioner to (i identify the challenged norm and the potentially infringed constitutional norm, (ii present clear and coherent arguments, and (iii justify its arguments upon legal sources, such as jurisprudential precedents or legal doctrine. Original data on forty lawsuits presented before the Ecuadorian Constitutional Court between 2008 and 2016 is used to test whether legal argumentation determines the outcome of a decision. A novel measure of the overall quality of argumentation and strength of cases brought before the Ecuadorian Constitutional Court by both public and private parties is also developed in the form of an expert survey. The main findings suggest that plaintiffs’ legal argumentation quality does not determine the outcome of the final decision of the Ecuadorian Constitutional Court, but rather the type of plaintiff (public or private does.

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

    Directory of Open Access Journals (Sweden)

    Edy Lisdiyono

    2017-01-01

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

  7. Modelling Imprecise Arguments in Description Logic

    Directory of Open Access Journals (Sweden)

    LETIA, I. A.

    2009-10-01

    Full Text Available Real arguments are a mixture of fuzzy linguistic variables and ontological knowledge. This paper focuses on modelling imprecise arguments in order to obtain a better interleaving of human and software agents argumentation, which might be proved useful for extending the number of real life argumentative-based applications. We propose Fuzzy Description Logic as the adequate technical instrumentation for filling the gap between human arguments and software agents arguments. A proof of concept scenario has been tested with the fuzzyDL reasoner.

  8. Generate an Argument: An Instructional Model

    Science.gov (United States)

    Sampson, Victor; Grooms, Jonathon

    2010-01-01

    The Generate an Argument instructional model was designed to engage students in scientific argumentation. By using this model, students develop complex reasoning and critical-thinking skills, understand the nature and development of scientific knowledge, and improve their communication skills (Duschl and Osborne 2002). This article describes the…

  9. Between solidarity and argument: Interpersonal negotiation in two legal genres

    Directory of Open Access Journals (Sweden)

    Krisda Chaemsaithong

    2016-11-01

    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.

  10. A Robust Geometric Model for Argument Classification

    Science.gov (United States)

    Giannone, Cristina; Croce, Danilo; Basili, Roberto; de Cao, Diego

    Argument classification is the task of assigning semantic roles to syntactic structures in natural language sentences. Supervised learning techniques for frame semantics have been recently shown to benefit from rich sets of syntactic features. However argument classification is also highly dependent on the semantics of the involved lexicals. Empirical studies have shown that domain dependence of lexical information causes large performance drops in outside domain tests. In this paper a distributional approach is proposed to improve the robustness of the learning model against out-of-domain lexical phenomena.

  11. The demographic argument in Soviet debates over the legalization of abortion in the 1920s.

    Science.gov (United States)

    Solomon, S G

    1993-01-01

    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

  12. Modelling Mathematical Argumentation: The Importance of Qualification

    Science.gov (United States)

    Inglis, Matthew; Mejia-Ramos, Juan; Simpson, Adrian

    2007-01-01

    In recent years several mathematics education researchers have attempted to analyse students' arguments using a restricted form of Toulmina's ["The Uses of Argument," Cambridge University Press, UK, 1958] argumentation scheme. In this paper we report data from task-based interviews conducted with highly talented postgraduate mathematics students,…

  13. Modelling group decision simulation through argumentation

    OpenAIRE

    Marreiros, Goreti; Novais, Paulo; Machado, José; Ramos, Carlos; Neves, José

    2007-01-01

    Group decision making plays an important role in today’s organisations. The impact of decision making is so high and complex, that rarely the decision making process is made individually. In Group Decision Argumentation, there is a set of participants, with different profiles and expertise levels, that exchange ideas or engage in a process of argumentation and counter-argumentation, negotiate, cooperate, collaborate or even discuss techniques and/or methodologies for problem solving. In this ...

  14. Public Health and Legal Arguments in Favor of a Policy to Cap the Portion Sizes of Sugar-Sweetened Beverages.

    Science.gov (United States)

    Roberto, Christina A; Pomeranz, Jennifer L

    2015-11-01

    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.

  15. The Peierls argument for higher dimensional Ising models

    International Nuclear Information System (INIS)

    Bonati, Claudio

    2014-01-01

    The Peierls argument is a mathematically rigorous and intuitive method to show the presence of a non-vanishing spontaneous magnetization in some lattice models. This argument is typically explained for the D = 2 Ising model in a way which cannot be easily generalized to higher dimensions. The aim of this paper is to present an elementary discussion of the Peierls argument for the general D-dimensional Ising model. (paper)

  16. Modeling non-monotonic properties under propositional argumentation

    Science.gov (United States)

    Wang, Geng; Lin, Zuoquan

    2013-03-01

    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.

  17. Modelling verb selection within argument structure constructions

    NARCIS (Netherlands)

    Matusevych, Yevgen; Alishahi, Afra; Backus, Albert

    2017-01-01

    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,

  18. Peacetime Reprisals Under Article 51: An Argument for Legal Legitimacy in Cases of Terrorism

    National Research Council Canada - National Science Library

    Coffey, Holly S

    1997-01-01

    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...

  19. Tracing the Rationale Behind UML Model Change Through Argumentation

    Science.gov (United States)

    Jureta, Ivan J.; Faulkner, Stéphane

    Neglecting traceability—i.e., the ability to describe and follow the life of a requirement—is known to entail misunderstanding and miscommunication, leading to the engineering of poor quality systems. Following the simple principles that (a) changes to UML model instances ought be justified to the stakeholders, (b) justification should proceed in a structured manner to ensure rigor in discussions, critique, and revisions of model instances, and (c) the concept of argument instantiated in a justification process ought to be well defined and understood, the present paper introduces the UML Traceability through Argumentation Method (UML-TAM) to enable the traceability of design rationale in UML while allowing the appropriateness of model changes to be checked by analysis of the structure of the arguments provided to justify such changes.

  20. The Use of Extra-Legal Arguments in the Judicial Interpretation of European Contract Law: A Case Study on Aziz v Catalunyacaixa (CJEU, 14 March 2013, Case C-415/11)

    NARCIS (Netherlands)

    Mańko, R.

    2015-01-01

    The Court of Justice of the EU (CJEU) is well known for its preference for extra-legal legal arguments over intra-legal ones. Indeed, in the CJEU’s interpretive practice, as a rule, linguistic arguments give way to systemic and teleological ones, and the Court’s prevalent approach favours policy

  1. Modelling Legal Argument: Reasoning with Cases and Hypotheticals

    Science.gov (United States)

    1988-02-01

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

  2. Intellectual property arguments in tobacco industry legal challenges: lessons from recently concluded cases

    Directory of Open Access Journals (Sweden)

    Suzanne Zhou

    2018-03-01

    A substantial body of jurisprudence now confirms that IP does not provide the scope of protection commonly claimed by the industry. Tobacco control practitioners faced with such arguments can be confident that they are unfounded. Country / measure / jurisdiction Australia - plain packaging (WTO dispute settlement system Australia - plain packaging (High Court of Australia Australia - plain packaging (investor-state arbitration Uruguay - restrictions on brand variants and 80% graphic health warnings (investor-state arbitration United Kingdom - standardised packaging (Court of Appeal of England and Wales IP issues Obligation to provide certain trademark protections under TRIPS Protection of trademark as property under constitution Expropriation of trademark as investment under treaty; fair and equitable treatment re treatment of trademarks Expropriation of trademark as investment under treaty; fair and equitable treatment re treatment of trademarks Obligation to provide certain trademark protections under TRIPS and EU law; protection of trademark as property under European and UK law Decided in favour of Pending, reportedly Australia Australia, 2012 Australia, 2015 (dismissed at jurisdictional stage Uruguay, 2016 United Kingdom, 2016 Positive right to use trademark? Pending, point conceded as 'no' by complainants No Not decided No No Public health justification Pending Not applicable Not decided Yes Yes [Recent cases raising trademark issues

  3. " Canvas " and the Legal Business Model

    Directory of Open Access Journals (Sweden)

    Frederico de Andrade Gabrich

    2016-06-01

    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.

  4. Modelling Scientific Argumentation in the Classroom : Teachers perception and practice

    Science.gov (United States)

    Probosari, R. M.; Sajidan; Suranto; Prayitno, B. A.; Widyastuti, F.

    2017-02-01

    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.

  5. The Effect of Toulmin’s Model of Argumentation Within TWPS Strategy on Students’ Critical Thinking on Argumentative Essay

    Directory of Open Access Journals (Sweden)

    Eko Suhartoyo

    2015-12-01

    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

  6. " Canvas " and the Legal Business Model

    OpenAIRE

    Frederico de Andrade Gabrich

    2016-01-01

    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...

  7. Argumentation and indigenous knowledge: socio-historical influences in contextualizing an argumentation model in South African schools

    Science.gov (United States)

    Gallard Martínez, Alejandro J.

    2011-09-01

    This forum considers argumentation as a means of science teaching in South African schools, through the integration of indigenous knowledge (IK). It addresses issues raised in Mariana G. Hewson and Meshach B. Ogunniyi's paper entitled: Argumentation-teaching as a method to introduce indigenous knowledge into science classrooms: opportunities and challenges. As well as Peter Easton's: Hawks and baby chickens: cultivating the sources of indigenous science education; and, Femi S. Otulaja, Ann Cameron and Audrey Msimanga's: Rethinking argumentation-teaching strategies and indigenous knowledge in South African science classrooms. The first topic addressed is that implementation of argumentation in the science classroom becomes a complex endeavor when the tensions between students' IK, the educational infrastructure (allowance for teacher professional development, etc.) and local belief systems are made explicit. Secondly, western styles of debate become mitigating factors because they do not always adequately translate to South African culture. For example, in many instances it is more culturally acceptable in South Africa to build consensus than to be confrontational. Thirdly, the tension between what is "authentic science" and what is not becomes an influencing factor when a tension is created between IK and western science. Finally, I argue that the thrust of argumentation is to set students up as "scientist-students" who will be considered through a deficit model by judging their habitus and cultural capital. Explicitly, a "scientist-student" is a student who has "learned," modeled and thoroughly assimilated the habits of western scientists, evidently—and who will be judged by and held accountable for their demonstration of explicit related behaviors in the science classroom. I propose that science teaching, to include argumentation, should consist of "listening carefully" (radical listening) to students and valuing their language, culture, and learning as a model

  8. Predicate Argument Structure Analysis for Use Case Description Modeling

    Science.gov (United States)

    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.

  9. Pre-Service Physics Teachers' Argumentation in a Model Rocketry Physics Experience

    Science.gov (United States)

    Gürel, Cem; Süzük, Erol

    2017-01-01

    This study investigates the quality of argumentation developed by a group of pre-service physics teachers' (PSPT) as an indicator of subject matter knowledge on model rocketry physics. The structure of arguments and scientific credibility model was used as a design framework in the study. The inquiry of model rocketry physics was employed in…

  10. Exploring the Argumentation Pattern in Modeling-Based Learning about Apparent Motion of Mars

    Science.gov (United States)

    Park, Su-Kyeong

    2016-01-01

    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…

  11. Developing Argumentation Strategies in Electronic Dialogs: Is Modeling Effective?

    Science.gov (United States)

    Mayweg-Paus, Elisabeth; Macagno, Fabrizio; Kuhn, Deanna

    2016-01-01

    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…

  12. Modeling the Effects of Argument Length and Validity on Inductive and Deductive Reasoning

    Science.gov (United States)

    Rotello, Caren M.; Heit, Evan

    2009-01-01

    In an effort to assess models of inductive reasoning and deductive reasoning, the authors, in 3 experiments, examined the effects of argument length and logical validity on evaluation of arguments. In Experiments 1a and 1b, participants were given either induction or deduction instructions for a common set of stimuli. Two distinct effects were…

  13. Arguments for Sustaining the Need to Modify the Legal Status Regarding the Mutual Consent Settlement of Individual Labour Conflicts

    OpenAIRE

    Lavinia ONICA CHIPEA

    2014-01-01

    The paper aims to identify and itemize the concrete way of intervention regarding the settlement of individual labor conflicts, in the Romanian legal system, through alternative ways. In full agreement with the previous Romanian legislation and with the examples provided by compared legislation, we consider necessary to establish a conciliation commission for each employer, whose main role will be trying to solve the dispute between the parties in a prior stage before notifying th...

  14. Arguments for Sustaining the Need to Modify the Legal Status Regarding the Mutual Consent Settlement of Individual Labour Conflicts

    Directory of Open Access Journals (Sweden)

    Lavinia ONICA CHIPEA

    2014-03-01

    Full Text Available The paper aims to identify and itemize the concrete way of intervention regarding the settlement of individual labor conflicts, in the Romanian legal system, through alternative ways. In full agreement with the previous Romanian legislation and with the examples provided by compared legislation, we consider necessary to establish a conciliation commission for each employer, whose main role will be trying to solve the dispute between the parties in a prior stage before notifying the competent court. It also emphasizes the appropriate legislative intervention in order to rethink the concepts of regulation contained in article 38 of the Labour Code and to increase the possibility of widespread use of mediation in individual labour disputes. The study also highlights the need to correct the legislative gap created by repealing Art. 76 of Law no. 168/1999 on the settlement of labor disputes, which was actually the only norm of labor law which expressly and directly referred to the amicable settlement procedure of individual labor conflicts. The formulated proposals may provide the legislator support in the course of perfecting, at the level of regulation, the process of specialization of labor jurisdiction in the Romanian legal system.

  15. Pregnancies and Fetal Anomalies Incompatible with Life in Chile: Arguments and Experiences in Advocating for Legal Reform.

    Science.gov (United States)

    Casas, Lidia; Vivaldi, Lieta

    2017-06-01

    Chile allows abortion under no circumstances. Whether it's fetal anomaly incompatible with life or congenital malformation resulting in little or no life expectancy, all Chilean women are expected to carry their pregnancies to term. In this context, in January 2015 the Chilean Congress began debating a bill to legalize abortion on three grounds, including fatal congenital malformation. The medical community, including midwives, has presented its views for and against, especially on how the law may affect clinical practices; in addition, women, many of whom have experienced a fatal congenital malformation diagnosis, have weighed in. This qualitative study draws on 22 semi-structured interviews with nine certified nurse-midwives, one neonatologist, nine obstetrician-gynecologists, one psychiatrist, one psychologist, and one sociologist who provide care during gestation, pregnancy, delivery, and post-delivery in the public and private sectors, plus three interviews with two women and the former partner of a woman who underwent the experience. These interviews starkly illustrate the plight facing women carrying nonviable fetuses, including women's shock upon receiving the diagnosis, their feelings of bereavement and loss, and the clinical practices used in an attempt to ease their suffering under the weight of exceedingly difficult legal restrictions. These interviews confirmed that compelling women to carry nonviable fetuses to term violates their human rights. They also show that the chances of legislative change are real and that such change will present new challenges to the Chilean health care system.

  16. On the Formal Modeling of Games of Language and Adversarial Argumentation : A Logic-Based Artificial Intelligence Approach

    OpenAIRE

    Eriksson Lundström, Jenny S. Z.

    2009-01-01

    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...

  17. Physician-patient argumentation and communication, comparing Toulmin's model, pragma-dialectics, and American sociolinguistics.

    Science.gov (United States)

    Rivera, Francisco Javier Uribe; Artmann, Elizabeth

    2015-12-01

    This article discusses the application of theories of argumentation and communication to the field of medicine. Based on a literature review, the authors compare Toulmin's model, pragma-dialectics, and the work of Todd and Fisher, derived from American sociolinguistics. These approaches were selected because they belong to the pragmatic field of language. The main results were: pragma-dialectics characterizes medical reasoning more comprehensively, highlighting specific elements of the three disciplines of argumentation: dialectics, rhetoric, and logic; Toulmin's model helps substantiate the declaration of diagnostic and therapeutic hypotheses, and as part of an interpretive medicine, approximates the pragma-dialectical approach by including dialectical elements in the process of formulating arguments; Fisher and Todd's approach allows characterizing, from a pragmatic analysis of speech acts, the degree of symmetry/asymmetry in the doctor-patient relationship, while arguing the possibility of negotiating treatment alternatives.

  18. Vaccine Hesitancy in Discussion Forums: Computer-Assisted Argument Mining with Topic Models.

    Science.gov (United States)

    Skeppstedt, Maria; Kerren, Andreas; Stede, Manfred

    2018-01-01

    Arguments used when vaccination is debated on Internet discussion forums might give us valuable insights into reasons behind vaccine hesitancy. In this study, we applied automatic topic modelling on a collection of 943 discussion posts in which vaccine was debated, and six distinct discussion topics were detected by the algorithm. When manually coding the posts ranked as most typical for these six topics, a set of semantically coherent arguments were identified for each extracted topic. This indicates that topic modelling is a useful method for automatically identifying vaccine-related discussion topics and for identifying debate posts where these topics are discussed. This functionality could facilitate manual coding of salient arguments, and thereby form an important component in a system for computer-assisted coding of vaccine-related discussions.

  19. Moderation instead of modelling: some arguments against formal engineering methods

    NARCIS (Netherlands)

    Rauterberg, G.W.M.; Sikorski, M.; Rauterberg, G.W.M.

    1998-01-01

    The more formal the used engineering techniques are, the less non-technical facts can be captured. Several business process reengineering and software development projects fail, because the project management concentrates to much on formal methods and modelling approaches. A successful change of

  20. Articulating uncertainty as part of scientific argumentation during model-based exoplanet detection tasks

    Science.gov (United States)

    Lee, Hee-Sun; Pallant, Amy; Pryputniewicz, Sarah

    2015-08-01

    Teaching scientific argumentation has emerged as an important goal for K-12 science education. In scientific argumentation, students are actively involved in coordinating evidence with theory based on their understanding of the scientific content and thinking critically about the strengths and weaknesses of the cited evidence in the context of the investigation. We developed a one-week-long online curriculum module called "Is there life in space?" where students conduct a series of four model-based tasks to learn how scientists detect extrasolar planets through the “wobble” and transit methods. The simulation model allows students to manipulate various parameters of an imaginary star and planet system such as planet size, orbit size, planet-orbiting-plane angle, and sensitivity of telescope equipment, and to adjust the display settings for graphs illustrating the relative velocity and light intensity of the star. Students can use model-based evidence to formulate an argument on whether particular signals in the graphs guarantee the presence of a planet. Students' argumentation is facilitated by the four-part prompts consisting of multiple-choice claim, open-ended explanation, Likert-scale uncertainty rating, and open-ended uncertainty rationale. We analyzed 1,013 scientific arguments formulated by 302 high school student groups taught by 7 teachers. We coded these arguments in terms of the accuracy of their claim, the sophistication of explanation connecting evidence to the established knowledge base, the uncertainty rating, and the scientific validity of uncertainty. We found that (1) only 18% of the students' uncertainty rationale involved critical reflection on limitations inherent in data and concepts, (2) 35% of students' uncertainty rationale reflected their assessment of personal ability and knowledge, rather than scientific sources of uncertainty related to the evidence, and (3) the nature of task such as the use of noisy data or the framing of

  1. Innovative learning model for improving students’ argumentation skill and concept understanding on science

    Science.gov (United States)

    Nafsiati Astuti, Rini

    2018-04-01

    Argumentation skill is the ability to compose and maintain arguments consisting of claims, supports for evidence, and strengthened-reasons. Argumentation is an important skill student needs to face the challenges of globalization in the 21st century. It is not an ability that can be developed by itself along with the physical development of human, but it must be developed under nerve like process, giving stimulus so as to require a person to be able to argue. Therefore, teachers should develop students’ skill of arguing in science learning in the classroom. The purpose of this study is to obtain an innovative learning model that are valid in terms of content and construct in improving the skills of argumentation and concept understanding of junior high school students. The assessment of content validity and construct validity was done through Focus Group Discussion (FGD), using the content and construct validation sheet, book model, learning video, and a set of learning aids for one meeting. Assessment results from 3 (three) experts showed that the learning model developed in the category was valid. The validity itself shows that the developed learning model has met the content requirement, the student needs, state of the art, strong theoretical and empirical foundation and construct validity, which has a connection of syntax stages and components of learning model so that it can be applied in the classroom activities

  2. Implementation of Argument-Driven Inquiry as an Instructional Model in a General Chemistry Laboratory Course

    Science.gov (United States)

    Kadayifci, Hakki; Yalcin-Celik, Ayse

    2016-01-01

    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…

  3. Methodology in Legal Research

    Directory of Open Access Journals (Sweden)

    Tom R. Tyler

    2017-12-01

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

  4. Computer Supported Argument Visualisation: Modelling in Consultative Democracy Around Wicked Problems

    Science.gov (United States)

    Ohl, Ricky

    In this case study, computer supported argument visualisation has been applied to the analysis and representation of the draft South East Queensland Regional Plan Consultation discourse, demonstrating how argument mapping can help deliver the transparency and accountability required in participatory democracy. Consultative democracy for regional planning falls into a category of problems known as “wicked problems”. Inherent in this environment is heterogeneous viewpoints, agendas and voices, built on disparate and often contradictory logic. An argument ontology and notation that was designed specifically to deal with consultative urban planning around wicked problems is the Issue Based Information System (IBIS) and IBIS notation (Rittel & Webber, 1984). The software used for argument visualisation in this case was Compendium, a derivative of IBIS. The high volume of stakeholders and discourse heterogeneity in this environment calls for a unique approach to argument mapping. The map design model developed from this research has been titled a “Consultation Map”. The design incorporates the IBIS ontology within a hybrid of mapping approaches, amalgamating elements from concept, dialogue, argument, debate, thematic and tree-mapping. The consultation maps developed from the draft South East Queensland Regional Plan Consultation provide a transparent visual record to give evidence of the themes of citizen issues within the consultation discourse. The consultation maps also link the elicited discourse themes to related policies from the SEQ Regional Plan providing explicit evidence of SEQ Regional Plan policy-decisions matching citizen concerns. The final consultation map in the series provides explicit links between SEQ Regional Plan policy items and monitoring activities reporting on the ongoing implementation of the SEQ Regional Plan. This map provides updatable evidence of and accountability for SEQ Regional Plan policy implementation and developments.

  5. The impact of design-based modeling instruction on seventh graders' spatial abilities and model-based argumentation

    Science.gov (United States)

    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

  6. Improving students’ mathematical critical thinking through rigorous teaching and learning model with informal argument

    Science.gov (United States)

    Hamid, H.

    2018-01-01

    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.

  7. Entangled interests: modelling the legal rights of children and parents

    OpenAIRE

    Montgomery, Jonathan

    2010-01-01

    This paper considers different legal models of children’s and parents’ rights, of professional responsibilities, and of ‘best interests’ or ‘welfare’ decision-making. It uses examples drawn from the Children Act 1989, the Mental Health Act 1983 and the Mental Capacity Act 2005.

  8. Learning Gene Expression Through Modelling and Argumentation. A Case Study Exploring the Connections Between the Worlds of Knowledge

    Science.gov (United States)

    Puig, Blanca; Ageitos, Noa; Jiménez-Aleixandre, María Pilar

    2017-12-01

    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.

  9. Arguments densos

    OpenAIRE

    Lopez de la Vieja, Mª Teresa

    1999-01-01

    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...

  10. Discounting Testimony with the Argument Ad Hominem and a Bayesian Congruent Prior Model

    Science.gov (United States)

    Bhatia, Jaydeep-Singh; Oaksford, Mike

    2015-01-01

    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)…

  11. Health Information Professionals in a Global eHealth World: Ethical and legal arguments for the international certification and accreditation of health information professionals.

    Science.gov (United States)

    Kluge, Eike-Henner W

    2017-01-01

    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

  12. Developing Environmentally Responsible Behaviours Through the Implementation of Argumentation- and Problem-Based Learning Models

    Science.gov (United States)

    Fettahlıoğlu, Pınar; Aydoğdu, Mustafa

    2018-04-01

    The purpose of this research is to investigate the effect of using argumentation and problem-based learning approaches on the development of environmentally responsible behaviours among pre-service science teachers. Experimental activities were implemented for 14 weeks for 52 class hours in an environmental education class within a science teaching department. A mixed method was used as a research design; particularly, a special type of Concurrent Nested Strategy was applied. The quantitative portion was based on the one-group pre-test and post-test models, and the qualitative portion was based on the holistic multiple-case study method. The quantitative portion of the research was conducted with 34 third-year pre-service science teachers studying at a state university. The qualitative portion of the study was conducted with six pre-service science teachers selected among the 34 pre-service science teachers based on the pre-test results obtained from an environmentally responsible behaviour scale. t tests for dependent groups were used to analyse quantitative data. Both descriptive and content analyses of the qualitative data were performed. The results of the study showed that the use of the argumentation and problem-based learning approaches significantly contributed to the development of environmentally responsible behaviours among pre-service science teachers.

  13. Model Integrating Fuzzy Argument with Neural Network Enhancing the Performance of Active Queue Management

    Directory of Open Access Journals (Sweden)

    Nguyen Kim Quoc

    2015-08-01

    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.

  14. Global Attractivity in a Discrete Mutualism Model with Infinite Deviating Arguments

    Directory of Open Access Journals (Sweden)

    Xiangdong Xie

    2017-01-01

    Full Text Available A set of sufficient conditions is obtained for the global attractivity of the following two-species discrete mutualism model with infinite deviating arguments: x1(k+1=x1kexp⁡r1(K1+α1∑s=0+∞J2sx2k-s/(1+∑s=0+∞J2sx2k-s-x1k and  x2(k+1=x2kexp⁡r2(K2+α2∑s=0+∞J1sx1k-s/(1+∑s=0+∞J1sx1k-s-x2k, where ri,Ki,αi, i=1,2, are all positive constants, ∑j=1+∞Ji(n=1, and αi>Ki. Our results generalize the main result of Yang et al. (2014.

  15. Family Arguments

    Science.gov (United States)

    ... Spread the Word Shop AAP Find a Pediatrician Family Life Medical Home Family Dynamics Adoption & Foster Care ... Life Listen Español Text Size Email Print Share Family Arguments Page Content Article Body We seem to ...

  16. Arguments in Favor of Moving to a Sustainable Business Model in the Apiary Industry

    Directory of Open Access Journals (Sweden)

    Panța Nancy Diana

    2017-12-01

    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.

  17. Legal weight truck cask model impact limiter response

    International Nuclear Information System (INIS)

    Meinert, N.M.; Shappert, L.B.

    1989-01-01

    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

  18. Vortex forcing model for turbulent flow over spanwise-heterogeneous topogrpahies: scaling arguments and similarity solution

    Science.gov (United States)

    Anderson, William; Yang, Jianzhi

    2017-11-01

    Spanwise surface heterogeneity beneath high-Reynolds number, fully-rough wall turbulence is known to induce mean secondary flows in the form of counter-rotating streamwise vortices. The secondary flows are a manifestation of Prandtl's secondary flow of the second kind - driven and sustained by spatial heterogeneity of components of the turbulent (Reynolds averaged) stress tensor. The spacing between adjacent surface heterogeneities serves as a control on the spatial extent of the counter-rotating cells, while their intensity is controlled by the spanwise gradient in imposed drag (where larger gradients associated with more dramatic transitions in roughness induce stronger cells). In this work, we have performed an order of magnitude analysis of the mean (Reynolds averaged) streamwise vorticity transport equation, revealing the scaling dependence of circulation upon spanwise spacing. The scaling arguments are supported by simulation data. Then, we demonstrate that mean streamwise velocity can be predicted a priori via a similarity solution to the mean streamwise vorticity transport equation. A vortex forcing term was used to represent the affects of spanwise topographic heterogeneity within the flow. Efficacy of the vortex forcing term was established with large-eddy simulation cases, wherein vortex forcing model parameters were altered to capture different values of spanwise spacing.

  19. Author: MA du Plessis CLINICAL LEGAL EDUCATION MODELS ...

    African Journals Online (AJOL)

    21892687

    various aspects of legal practice and engage in community service learning ... components, namely clinical duty, classroom teaching and clinician/student tutorial ..... Vawda YA "Learning from Experience: The Art and Science of Clinical Law" ... Lennertz M Date Unknown Developing Legal Clinics in Brazil: Remarks on the.

  20. Author: MA du Plessis CLINICAL LEGAL EDUCATION MODELS ...

    African Journals Online (AJOL)

    21892687

    http://www.nuigalway.ie/business-public-policy-law/school-of-law/students/cle/. .... ...clinical legal education of final year LLB students, with the focus on analytical ..... Spot tests and minute papers can be applied successfully during student ...

  1. Legal and Economic Aspects of the Macedonian Model of Franchising

    OpenAIRE

    Sotiroski, Ljupco; Filiposki, Oliver

    2016-01-01

    Franchising is done by global regulatory framework and has an impact to the national legal sources. This article aims to emphasize the importance and functionality of the legal and economic aspects of the Macedonian franchising module and practice. In respect of Macedonian case, the franchising mechanism is getting direct consequences of the national trade in the small and still developing Macedonian economy. The envisaged paper explores various options for national regulation in light of exi...

  2. Crafting an Argument in Steps: A Writing Process Model for Graduate and Professional Students with LD

    Science.gov (United States)

    Kallestinova, Elena

    2017-01-01

    The paper discusses argument pedagogy for graduate and professional students with learning disabilities (LD) in the context of academic writing. To understand the nature and types of writing problems that graduate and professional students with LD experience, the author presents results of a university-wide survey with the students who did and did…

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

    Directory of Open Access Journals (Sweden)

    Deka Rachman Budihanto

    2017-09-01

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

  4. Modeling the legal field of formation of socially responsible conduct among pharmacy specialists

    Directory of Open Access Journals (Sweden)

    N. O. Tkachenko

    2018-03-01

    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

  5. Argumentation in undergraduate chemistry laboratories

    Science.gov (United States)

    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

  6. Improving practical reasoning and argumentation

    OpenAIRE

    Baumtrog, Michael David

    2015-01-01

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

  7. Should Drugs Be Legalized?

    Science.gov (United States)

    Chambliss, William; Scorza, Thomas

    1989-01-01

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

  8. A Model-Based Framework for Legal Policy Simulation and Compliance Checking

    OpenAIRE

    Soltana, Ghanem

    2017-01-01

    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...

  9. Big Argumentation?

    Directory of Open Access Journals (Sweden)

    Daniel Faltesek

    2013-08-01

    Full Text Available Big Data is nothing new. Public concern regarding the mass diffusion of data has appeared repeatedly with computing innovations, in the formation before Big Data it was most recently referred to as the information explosion. In this essay, I argue that the appeal of Big Data is not a function of computational power, but of a synergistic relationship between aesthetic order and a politics evacuated of a meaningful public deliberation. Understanding, and challenging, Big Data requires an attention to the aesthetics of data visualization and the ways in which those aesthetics would seem to depoliticize information. The conclusion proposes an alternative argumentative aesthetic as the appropriate response to the depoliticization posed by the popular imaginary of Big Data.

  10. The legal reasoning skills. Theoretical considerations

    Directory of Open Access Journals (Sweden)

    Lisett D. Páez Cuba

    2014-06-01

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

  11. Bringing Emotions into Legal Education Through the Experimental Learning Model: A Proposal

    OpenAIRE

    Lidia Rodak

    2017-01-01

    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...

  12. A New Method for Re-Analyzing Evaluation Bias: Piecewise Growth Curve Modeling Reveals an Asymmetry in the Evaluation of Pro and Con Arguments.

    Directory of Open Access Journals (Sweden)

    Jens Jirschitzka

    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.

  13. The Food and Drug Administration and Drug Legalization: A Brief Model of Regulation

    OpenAIRE

    Kalam, Murad

    2002-01-01

    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 “compassionate use†ballot initiatives, future drug legalization is at least conceivable in the United States. Yet, how would the FDA regulate NLD’s under its current st...

  14. Trust arguments

    International Nuclear Information System (INIS)

    Gelman, S.M.

    1995-01-01

    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

  15. Types, typologies, arguments

    OpenAIRE

    Plantin, Christian

    2017-01-01

    The concept of arguments schemes is fundamental for argumentation studies; but its implementation is not obvious. The first section of this contribution briefly starts from the concepts of argument scheme, typology of arguments schemes, and the foundational catalogue of 28 topoi from Aristotle's Rhetoric. The application of the "topical method" is first based on the knowledge of typologies of arguments, and then on the precise features defining an argument type. The practical question that re...

  16. PESTEL Model Analysis and Legal Guarantee of Tourism Environmental Protection in China

    Science.gov (United States)

    Zhiyong, Xian

    2017-08-01

    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.

  17. Models versus theories as a primary carrier of nursing knowledge: A philosophical argument.

    Science.gov (United States)

    Bender, Miriam

    2018-01-01

    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.

  18. Implications for new physics from fine-tuning arguments: II. Little Higgs models

    International Nuclear Information System (INIS)

    Casas, J.A.; Espinosa, J.R.; Hidalgo, I.

    2005-01-01

    We examine the fine-tuning associated to electroweak breaking in Little Higgs scenarios and find it to be always substantial and, generically, much higher than suggested by the rough estimates usually made. This is due to implicit tunings between parameters that can be overlooked at first glance but show up in a more systematic analysis. Focusing on four popular and representative Little Higgs scenarios, we find that the fine-tuning is essentially comparable to that of the Little Hierarchy problem of the Standard Model (which these scenarios attempt to solve) and higher than in supersymmetric models. This does not demonstrate that all Little Higgs models are fine-tuned, but stresses the need of a careful analysis of this issue in model-building before claiming that a particular model is not fine-tuned. In this respect we identify the main sources of potential fine-tuning that should be watched out for, in order to construct a successful Little Higgs model, which seems to be a non-trivial goal. (author)

  19. Surrogacy, Compensation, and Legal Parentage: Against the Adoption Model.

    Science.gov (United States)

    van Zyl, Liezl; Walker, Ruth

    2015-09-01

    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.

  20. Water Property Models as Sovereignty Prerogatives: European Legal Perspectives in Comparison

    Directory of Open Access Journals (Sweden)

    Dario Casalini

    2010-08-01

    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.

  1. Characteristics of Effective Argumentation.

    Science.gov (United States)

    Frana, Adrian W.

    1989-01-01

    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)

  2. Three Arguments for Lotteries

    OpenAIRE

    STONE, PETER

    2010-01-01

    PUBLISHED Philosophers and social scientists have offered a variety of arguments for making certain types of decisions by lot. This paper examines three such arguments. These arguments identify indeterminacy, fairness and incentive effects as the major reasons for using lotteries to make decisions. These arguments are central to Jon Elster?s study of lottery use, Solomonic judgments (1989), and so the paper focuses upon their treatment in this work. Upon closer examination, all three argum...

  3. The Ethics of Argumentation

    OpenAIRE

    Vasco Correia

    2012-01-01

    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 p...

  4. Den gode argumentations anatomi

    DEFF Research Database (Denmark)

    Kock, Christian Erik J

    2013-01-01

    God argumentation har tre dimensioner: Den er faktuelt retvisende, den er relevant, og den er vægtig. Desværre slipper politikerne ofte af sted med mangelfuld argumentation fordi de forklæder den godt. Derfor får du her de vigtigste redskaber til at spotte uskikkene i politisk argumentation...

  5. Logically Incorrect Arguments

    Czech Academy of Sciences Publication Activity Database

    Svoboda, Vladimír; Peregrin, Jaroslav

    2016-01-01

    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

  6. Reinterpreting arguments in dialogue : an application to evidential reasoning

    NARCIS (Netherlands)

    Bex, F.J.; Prakken, H.; Gordon, T.F.

    2004-01-01

    This paper presents a formalisation of two typical legal dialogue moves in a formal dialogue game for argumentation. The moves concern two ways of reinterpreting a general rule used in an argument, viz. by 'unpacking' and 'refining' the rule. The moves can be made not only by the user but also by

  7. Using the Cognitive Apprenticeship Web-Based Argumentation System to Improve Argumentation Instruction

    Science.gov (United States)

    Tsai, Chun-Yen; Jack, Brady Michael; Huang, Tai-Chu; Yang, Jin-Tan

    2012-01-01

    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…

  8. Den argumentative teksttype i reklamer

    DEFF Research Database (Denmark)

    Nielsen, Anne Ellerup

    1998-01-01

    - 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...... of distinction between the discourse potential of evaluative and referential propositions. This problem will be demonstrated on examples from the genre of advertising material which, because of its persuasive purpose, is particularly rich in argumentative features....

  9. Toward a Model of Influence in Persuasive Discussions: Negotiating Quality, Authority, Privilege, and Access within a Student-Led Argument

    Science.gov (United States)

    Engle, Randi A.; Langer-Osuna, Jennifer M.; McKinney de Royston, Maxine

    2014-01-01

    It is commonly observed that during classroom or group discussions some students have greater influence than may be justified by the normative quality of those students' contributions. We propose a 5-component theoretical framework in order to explain how undue influence unfolds. We build on literatures on persuasion, argumentation, discourse, and…

  10. Open Access Publishing from the Legal Point of View. Why Freedom of Information Rules and Other Legal Principles Matter. Towards A New Fair Open Access Model.

    Directory of Open Access Journals (Sweden)

    Jiří Kolman

    2013-10-01

    Full Text Available This article focuses on aspects that, as far as we know, have never been discussed in previous debates dealing with open access. The EU and national competition legal rules ensuring fair competition are a rather neglected aspect of open access. Another crucial topic is the unfairness of the current publication system. Why should commercial publishers be paid by publicly supported research such as EU or national research programmes? In the article a new publication model is suggested. The proposed model is trying to keep high research standards, to be fair to researchers and the public and to take into account the actual costs of the new open access model.

  11. Testing the limits of the 'joint account' model of genetic information: a legal thought experiment.

    Science.gov (United States)

    Foster, Charles; Herring, Jonathan; Boyd, Magnus

    2015-05-01

    We examine the likely reception in the courtroom of the 'joint account' model of genetic confidentiality. We conclude that the model, as modified by Gilbar and others, is workable and reflects, better than more conventional legal approaches, both the biological and psychological realities and the obligations owed under Articles 8 and 10 of the European Convention on Human Rights (ECHR). 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.

  12. Bringing Emotions into Legal Education Through the Experimental Learning Model: A Proposal

    Directory of Open Access Journals (Sweden)

    Lidia Rodak

    2017-12-01

    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

  13. L'argumentation dans la langue (Argumentation in Language)

    Science.gov (United States)

    Anscombre, J. C.; Ducrot, O.

    1976-01-01

    Questions the current distinction between semantics and pragmatics, and develops a theory of "argumentative scales" (Ducrot 1973), as well as a semantic model with three components and a revision of the notion of "illocutionary." (Text is in French.) (CDSH/AM)

  14. Argumentation and Game Theory

    Science.gov (United States)

    Rahwan, Iyad; Larson, Kate

    In a large class of multi-agent systems, agents are self-interested in the sense that each agent is interested only in furthering its individual goals, which may or may not coincide with others’ goals. When such agents engage in argument, they would be expected to argue strategically in such a way that makes it more likely for their argumentative goals to be achieved. What we mean by arguing strategically is that instead of making arbitrary arguments, an agent would carefully choose its argumentative moves in order to further its own objectives.

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

    Directory of Open Access Journals (Sweden)

    Victor Imanuel W. Nalle

    2015-02-01

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

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

    Directory of Open Access Journals (Sweden)

    Victor Imanuel W. Nalle

    2015-02-01

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

  17. The Ethics of Argumentation

    Directory of Open Access Journals (Sweden)

    Vasco Correia

    2012-06-01

    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”.

  18. Arguments from parallel reasoning

    NARCIS (Netherlands)

    van Laar, Jan Albert; Ribeiro, H.J.

    2014-01-01

    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

  19. Rethinking the Argumentative Essay

    Science.gov (United States)

    Schneer, David

    2014-01-01

    This article investigates the construction of the argumentative essay as it is commonly presented in academic writing textbooks and classrooms for English language learners. The author first examines the traditional three-stage structure (thesis-argument-conclusion) and then problematizes it within a genre-based approach to academic writing. He…

  20. The latitude of logic in legal hermeneutics

    Directory of Open Access Journals (Sweden)

    Medar Suzana

    2014-01-01

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

  1. Structural and Functional Model of Future Craftsmen Legal Competence Generation during Professional Education

    Science.gov (United States)

    Romantsev, Gennadij M.; Efanov, Andrei V.; Bychkova, Ekaterina Yu.; Moiseev, Andrei V.

    2016-01-01

    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…

  2. The inextricable entanglement of argumentation and interpretation in law

    Directory of Open Access Journals (Sweden)

    Marković Miloš

    2017-01-01

    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.

  3. Defining Rhetorical Argumentation

    DEFF Research Database (Denmark)

    Kock, Christian Erik J

    2013-01-01

    This article argues for a definition of rhetorical argumentation based on the theme of the argumentation, i.e., the issue in dispute - rather than its aim (e.g., to ‘win’) or its means (e.g., emotional appeals). The principal thinkers in the rhetorical tradition, from Aristotle onwards, saw...... 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...

  4. Towards an experimental account of argumentation: the case of the slippery slope and the ad hominem arguments

    Directory of Open Access Journals (Sweden)

    Marco eLillo-Unglaube

    2014-12-01

    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.

  5. Toward an experimental account of argumentation: the case of the slippery slope and the ad hominem arguments.

    Science.gov (United States)

    Lillo-Unglaube, Marco; Canales-Johnson, Andrés; Navarrete, Gorka; Bravo, Claudio Fuentes

    2014-01-01

    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 article, 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.

  6. The argument of mathematics

    CERN Document Server

    Aberdein, Andrew

    2014-01-01

    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.

  7. Graduate Courses in Argumentation Theory.

    Science.gov (United States)

    Benoit, William L.; Follert, Vincent F.

    1986-01-01

    Reports results of a survey of graduate courses in argumentation theory. Includes data on types of courses, theorists, historical and basic concepts in argument, everyday argument, resources (books and articles), etc. (PD)

  8. Arguments from Developmental Order.

    Science.gov (United States)

    Stöckle-Schobel, Richard

    2016-01-01

    In this article, I investigate a special type of argument regarding the role of development in theorizing about psychological processes and cognitive capacities. Among the issues that developmental psychologists study, discovering the ontogenetic trajectory of mechanisms or capacities underpinning our cognitive functions ranks highly. The order in which functions are developed or capacities are acquired is a matter of debate between competing psychological theories, and also philosophical conceptions of the mind - getting the role and the significance of the different steps in this order right could be seen as an important virtue of such theories. Thus, a special kind of strategy in arguments between competing philosophical or psychological theories is using developmental order in arguing for or against a given psychological claim. In this article, I will introduce an analysis of arguments from developmental order, which come in two general types: arguments emphasizing the importance of the early cognitive processes and arguments emphasizing the late cognitive processes. I will discuss their role in one of the central tools for evaluating scientific theories, namely in making inferences to the best explanation. I will argue that appeal to developmental order is, by itself, an insufficient criterion for theory choice and has to be part of an argument based on other core explanatory or empirical virtues. I will end by proposing a more concerted study of philosophical issues concerning (cognitive) development, and I will present some topics that also pertain to a full-fledged 'philosophy of development.'

  9. ERISTIC ARGUMENTATION IN ADVERTISING

    Directory of Open Access Journals (Sweden)

    Skirmantė Biržietienė

    2014-10-01

    Full Text Available Advertising may be examined as a particular form of rhetoric the aims of which are the same as of rhetoric, namely to affect mind, will, feelings, and to persuade. The theory of rhetoric, the main object of which is discourse not only in narrow meaning (as verbal expression of ideas (i.e. to say text, but also in broad meaning – as a communicative act between the addresser and the addressee since its interdisciplinary nature provides the right tools to explore the advertising discourse. The theory of rhetoric is successfully applied in development of advertising discourse, because it helps to foresee the communicative act between the addresser and the addressee. Advertising and rhetoric are combined by many common elements, but the same goal is the most important: both, rhetoric and advertising seek for persuasion through verbal and non-verbal measures. The paper deals with the analysis of the inventive level of advertising discourse, i.e., eristic arguments, spread of ways of proofing / persuasion. Eristic argumentation is a dominant argumentation type in advertising. This method of persuasion is a way to create truth visibility although it is just superficial. The most typical schemes of eristic argumentation used in advertising are as follows: argumentum ad vanitatem (appeal to the vanity of the addressee, argumentum ad verecundiam (appeal to the authority, argumentum baculinum (method of “whip” argument, argumentum ad novitatem (appeal to novelty. The article shows the usage of eristic arguments in Lithuanian commercial ads.

  10. Arguments from Developmental Order

    Directory of Open Access Journals (Sweden)

    Richard eStöckle-Schobel

    2016-05-01

    Full Text Available In this article, I investigate a special type of argument regarding the role of development in theorising about psychological processes and cognitive capacities. Among the issues that developmental psychologists study, discovering the ontogenetic trajectory of mechanisms or capacities underpinning our cognitive functions ranks highly. The order in which functions are developed or capacities are acquired is a matter of debate between competing psychological theories, and also philosophical conceptions of the mind – getting the role and the significance of the different steps in this order right could be seen as an important virtue of such theories.Thus, a special kind of strategy in arguments between competing philosophical or psychological theories is using developmental order in arguing for or against a given psychological claim. In this article, I will introduce an analysis of arguments from developmental order, which come in two general types: arguments emphasising the importance of the early cognitive processes and arguments emphasising the late cognitive processes. I will discuss their role in one of the central tools for evaluating scientific theories, namely in making inferences to the best explanation. I will argue that appeal to developmental order is, by itself, an insufficient criterion for theory choice and has to be part of an argument based on other core explanatory or empirical virtues. I will end by proposing a more concerted study of philosophical issues concerning (cognitive development, and I will present some topics that also pertain to a full-fledged ‘philosophy of development’.

  11. How arguments are justified in the media debate on climate change in the USA and France

    OpenAIRE

    Ylä-Anttila, Tuomas; Kukkonen, Anna

    2014-01-01

    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...

  12. Use of the Legal-Institutional Analysis Model to assess hydropower licensing negotiations

    Science.gov (United States)

    Burkardt, N.; Lamb, B.L.; Lamb, B.L.; Garcia de Jalon, D.; Sabaton, C.; Souchon, Y.; Tamai, N.; Robinette, H.R.; Waddle, T.J.; Brinson, A.

    2003-01-01

    In the United States, the Federal Energy Regulatory Commission (FERC) is responsible for issuing or renewing licenses for hydropower projects owned and operated by power companies. During the licensing process, these companies are required to consult with agencies and other parties that are affected by project operating regimes. Typical participants include state and federal fish and wildlife agencies, environmental interest groups, and the FERC. One of the most difficult tasks facing participants is to reach agreement about what kinds of environmental conditions should be placed on license. Researchers at the United States Geological Survey developed a model to analyze the institutional context of natural resource disputes. The Legal-Institutional Analysis Model (LIAM) is a computerized model that allows an analyst to determine the likely behavior of each organization in a conflict. The model also analyzes the types and levels of negotiating power held by each organization. Researchers at the USGS have used the model in several cases involving hydropower license applications. To use the model, they facilitate workshops for stakeholder groups in order to develop a shared understanding of the likely obstacles and opportunities for successful resolution of the issues. This allows a systematic workshop analyses to develop strategies for successful negotiations, because they are able to better understand the negotiation problem and work more effectively with both their allies and their competitors.

  13. Legal analysis of contract models in a common Nordic electricity retail market

    Energy Technology Data Exchange (ETDEWEB)

    Bjoerneby, Henrik; Alvik, Ivar

    2012-07-01

    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

  14. On argumentation schemes and the natural classification of arguments

    NARCIS (Netherlands)

    Katzav, J.K.; Reed, C.

    2004-01-01

    We develop conceptions of arguments and of argument types that will, by serving as the basis for developing a natural classification of arguments, benefit work in artificial intelligence. Focusing only on arguments construed as the semantic entities that are the outcome of processes of reasoning, we

  15. On argumentation schemes and the natural classification of arguments

    OpenAIRE

    Katzav, K.; Reed, C.

    2004-01-01

    We develop conceptions of arguments and of argument types that will, by serving as the basis for developing a natural classification of arguments, benefit work in artificial intelligence. Focusing only on arguments construed as the semantic entities that are the outcome of processes of reasoning, we outline and clarify our view that an argument is a proposition that represents a fact as both conveying some other fact and as doing so wholly. Further, we outline our view that, with respect to a...

  16. Argumentativeness and Resistance to Persuasion.

    Science.gov (United States)

    Levine, Timothy R.; Badger, Eugenia E.

    1993-01-01

    Examines college students' level of argumentativeness in relation to persuasion. Finds that highly argumentative individuals experienced more attitude change than their less argumentative counterparts. Shows that topic had no effect upon attitude change and that topic did not interact with argumentativeness. (SR)

  17. Experimental liver fibrosis research: update on animal models, legal issues and translational aspects

    Science.gov (United States)

    2013-01-01

    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

  18. The Abuses of Argument: Understanding Fallacies on Toulmin’s Layout of Argument

    Directory of Open Access Journals (Sweden)

    Andrew Pineau

    2013-12-01

    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.

  19. Slippery Slope Arguments

    NARCIS (Netherlands)

    van der Burg, W.; Chadwick, R.F.

    1998-01-01

    Slippery slope arguments hold that one should not take some action (which in itself may be innocuous or even laudable) in order to prevent one from being dragged down a slope towards some clearly undesirable situation. Their typical purpose is to prevent changes in the status quo and, therefore,

  20. IT Management Model for Financial Report Issuance and Regulatory and Legal Compliance

    Directory of Open Access Journals (Sweden)

    José Rogério Poggio Moreira

    2013-10-01

    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.

  1. A lesion model of envy and Schadenfreude: legal, deservingness and moral dimensions as revealed by neurodegeneration

    Science.gov (United States)

    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

    2017-01-01

    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

  2. A lesion model of envy and Schadenfreude: legal, deservingness and moral dimensions as revealed by neurodegeneration.

    Science.gov (United States)

    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

    2017-12-01

    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

  3. Sexual Orientation as a Peripheral Cue in Advertising: Effects of Models' Sexual Orientation, Argument Strength, and Involvement on Responses to Magazine Ads.

    Science.gov (United States)

    Ivory, Adrienne Holz

    2017-10-12

    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.

  4. Coherence-driven argumentation to norm consensus

    NARCIS (Netherlands)

    Joseph, S.; Prakken, H.

    2009-01-01

    In this paper coherence-based models are proposed as an alternative to logic-based BDI and argumentation models for the reasoning of normative agents. A model is provided for how two coherence-based agents can deliberate on how to regulate a domain of interest. First a deductive coherence model

  5. Argumentation not emotion

    International Nuclear Information System (INIS)

    Koerber, H.

    1984-01-01

    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

  6. A Textbook Argument: Definitions of Argument in Leading Composition Textbooks

    Science.gov (United States)

    Knoblauch, A. Abby

    2011-01-01

    This essay examines the definitions and practices of argument perpetuated by popular composition textbooks, illustrating how even those texts that appear to forward expansive notions of argument ultimately limit it to an intent to persuade. In doing so, they help perpetuate constricted practices of argument within undergraduate composition…

  7. Legal Hybrids

    DEFF Research Database (Denmark)

    Herrmann, Janne Rothmar

    2009-01-01

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

  8. Environmental Argumentation as Sociocultural Activity

    Science.gov (United States)

    Oliveira, Alandeom W.; Akerson, Valarie L.; Oldfield, Martha

    2012-01-01

    While environmental argumentation has recently received much attention from science educators, little consideration has been given to how personal identities and social relationships can either support or constrain student argumentation. This study attends to this issue by examining environmental argumentation as a sociocultural activity (how…

  9. Argumentation in Miranda v. Arizona.

    Science.gov (United States)

    Benoit, William L.

    1991-01-01

    Investigates the argumentation advanced in briefs, oral arguments, and the Supreme Court's opinion in the case of Miranda versus Arizona. Considers the background of the case, analyzes the argumentation and its influences on the court, and stresses the importance of viewing the Supreme Court as an active participant in the decision-making process.…

  10. Argumentative Men: Expectations of Success.

    Science.gov (United States)

    Schullery, Nancy M.

    1999-01-01

    Considers how argumentativeness is linked with several managerial qualities, such as group leadership, better decision-making, and enhanced credibility. Surveys nearly 300 full-time employed men. Shows that men at all levels exhibit the full range of argumentativeness. Finds the mean argumentativeness of supervisors at all levels is significantly…

  11. One World? One Law? One Global Legal System? Modern Law and Socio-Legal Communities

    OpenAIRE

    Werner Krawietz

    2014-01-01

    In the present article the author considers the issues connected with globalization and structural changes in the contemporary societies. In author’s opinion, development of legal regulation encompasses not only the practical and theoretical argumentation in the law. It also includes the informative and communicative perspectives of our analytical and conceptual legal thinking and of our legal world-outlook which is formed accordingly to the social world of law. The author stresses that there...

  12. Statistics As Principled Argument

    CERN Document Server

    Abelson, Robert P

    2012-01-01

    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

  13. Arguments against nuclear engineering

    International Nuclear Information System (INIS)

    Hahn, L.

    1991-01-01

    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

  14. INTERDISCIPLINARY SYSTEMIC JURIDICAL ARGUMENTATION: A NEW WAY TO JUSTIFY EMPHATICALLY AND EFFECTIVELLY

    Directory of Open Access Journals (Sweden)

    Jorge Isaac Torres Manrique

    2018-04-01

    Full Text Available The article discusses the interdisciplinary systemic juridical argumentation. We propose to elevate the legal argumentation to a complete and integral level. That is, to provide a kind of tool that facilitates and ensures a full and complete analysis and foundation, in order to achieve a due as expected justice administration, in justice proper.

  15. from tenuous legal arguments to securitization and benefit sharing

    African Journals Online (AJOL)

    eliasn

    equitable utilization of, and benefits from, the common Nile Basin water ..... billion cubic metres as a loss of over-year storage, was then divided between ..... springs project in 2002, while diverting its public's attention away from much.

  16. Quem sou eu para discordar de um ministro do STF? O ensino do direito entre argumento de autoridade e livre debate de ideias Who am I to disagree with a supreme court justice? Legal education between argument from authority and free debate of ideas

    Directory of Open Access Journals (Sweden)

    Virgílio Afonso da Silva

    2010-06-01

    Full Text Available Este artigo tem como objetivo narrar uma experiência concreta com aulas participativas. O que se pretende é, entre outras coisas, demonstrar que nem sempre são necessárias reformulações radicais na metodologia do ensino jurídico para que resultados positivos sejam alcançados. Algumas das formas tradicionais de ensino - no caso em questão, os seminários - às vezes não produzem os efeitos desejados, por deficiências no planejamento ou por reproduzirem vícios do ensino jurídico, como: Ensino não participativo; foco no argumento de autoridade; muita exposição e pouco debate; falta de incentivo a posturas críticas etc. A reprodução desses vícios, aliada ao fato de que, nos seminários, muitas vezes o professor está ausente, parece-nos ser a causa da percepção generalizada de que aulas de seminários são uma forma menos importante de aprendizado. Nossa experiência tem demonstrado que esse cenário pode ser muito diferente, se alguns cuidados forem tomados.The aim of this paper is to narrate an experience with participative classes. We argue that radical changes in the current methods of legal education are not always necessary in order to achieve positive outcomes. Sometimes the participative methods already used in brazilian legal education - we focus on seminars - fail to lead to good results either due to deficiencies in planning, or because they tend to replicate the most common problems associated with non-participative methods, such as: Focusing on arguments from authority; excess of lecturing and lack of debate; lack of incentive to critical attitudes, among many others. The replication of these problems, combined with the recurrent absence of the professor responsible for the course, seems to us to be the main cause of the widespread perception that seminars are a method of learning of minor importance. our experience, however, has shown that this scenario may change significantly if due care is exercised.

  17. Between Law and the Exception: The UN 1267 Ombudsperson as a Hybrid Model of Legal Expertise

    NARCIS (Netherlands)

    Sullivan, G.; de Goede, M.

    2013-01-01

    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

  18. A data model for clinical legal medicine practice and the development of a dedicated software for both practitioners and researchers.

    Science.gov (United States)

    Dang, Catherine; Phuong, Thomas; Beddag, Mahmoud; Vega, Anabel; Denis, Céline

    2018-07-01

    To present a data model for clinical legal medicine and the software based on that data model for both practitioners and researchers. The main functionalities of the presented software are computer-assisted production of medical certificates and data capture, storage and retrieval. The data model and the software were jointly developed by the department of forensic medicine of the Jean Verdier Hospital (Bondy, France) and an bioinformatics laboratory (LIMICS, Paris universities 6-13) between November 2015 and May 2016. The data model was built based on four sources: i) a template used in our department for producing standardised medical certificates; ii) a random sample of medical certificates produced by the forensic department; iii) anterior consensus between four healthcare professionals (two forensic practitioners, a psychologist and a forensic psychiatrist) and iv) anatomical dictionaries. The trial version of the open source software was first designed for examination of physical assault survivors. An UML-like data model dedicated to clinical legal practice was built. The data model describes the terminology for examinations of sexual assault survivors, physical assault survivors, individuals kept in police custody and undocumented migrants for age estimation. A trial version of a software relying on the data model was developed and tested by three physicians. The software allows files archiving, standardised data collection, extraction and assistance for certificate generation. It can be used for research purpose, by data exchange and analysis. Despite some current limitations of use, it is a tool which can be shared and used by other departments of forensic medicine and other specialties, improving data management and exploitation. Full integration with external sources, analytics software and use of a semantic interoperability framework are planned for the next months. Copyright © 2016 Elsevier Ltd and Faculty of Forensic and Legal Medicine. All rights

  19. Legal terminology

    DEFF Research Database (Denmark)

    Engberg, Jan

    2013-01-01

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

  20. The argument from moral psychology

    OpenAIRE

    Milevski, Voin

    2015-01-01

    The argument from moral psychology is one of the strongest arguments that non-cognitivists use against cognitivism-the metaethical position according to which our moral judgements express beliefs. According to this argument, once we put together the Humean theory of motivation and motivational internalism, we yield the conclusion that cognitivism cannot represent the correct view about the semantic function of moral discourse. I will first attempt to show that a neurological syndrome, called ...

  1. Argumentation Theory. [A Selected Annotated Bibliography].

    Science.gov (United States)

    Benoit, William L.

    Materials dealing with aspects of argumentation theory are cited in this annotated bibliography. The 50 citations are organized by topic as follows: (1) argumentation; (2) the nature of argument; (3) traditional perspectives on argument; (4) argument diagrams; (5) Chaim Perelman's theory of rhetoric; (6) the evaluation of argument; (7) argument…

  2. Legality in multiple legal orders

    NARCIS (Netherlands)

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

    2010-01-01

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

  3. Semiotic and Theoretic Control in Argumentation and Proof Activities

    Science.gov (United States)

    Arzarello, Ferdinando; Sabena, Cristina

    2011-01-01

    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.…

  4. Argumentation Schema and the Myside Bias in Written Argumentation

    Science.gov (United States)

    Wolfe, Christopher R.; Britt, M. Anne; Butler, Jodie A.

    2009-01-01

    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…

  5. Argument Complexity: Teaching Undergraduates to Make Better Arguments

    Science.gov (United States)

    Kelly, Matthew A.; West, Robert L.

    2017-01-01

    The task of turning undergrads into academics requires teaching them to reason about the world in a more complex way. We present the Argument Complexity Scale, a tool for analysing the complexity of argumentation, based on the Integrative Complexity and Conceptual Complexity Scales from, respectively, political psychology and personality theory.…

  6. Another argument against fundamental scalars

    International Nuclear Information System (INIS)

    Joglekar, S.D.

    1990-01-01

    An argument, perhaps not as strong, which is based on the inclusion of interaction with external gravity into a theory describing strong, electromagnetic and weak interactions is presented. The argument is related to the basis of the common belief which favours a renormalizable action against a non-renormalizable action as a candidate for a fundamental theory. (author). 12 refs

  7. Een Scotistisch argument voor dualisme

    NARCIS (Netherlands)

    de Ridder, G.J.; van Woudenberg, R.

    2010-01-01

    In his recent book Waar geest is, is vrijheid [Where there is mind, there is freedom], Guus Labooy sets forth an original and intriguing argument, inspired by the work of John Duns Scotus, for substance dualism in the philosophy of mind. In this paper we argue that his argument, although worthy of

  8. Incorporating Argumentation through Forensic Science

    Science.gov (United States)

    Wheeler, Lindsay B.; Maeng, Jennifer L.; Smetana, Lara K.

    2014-01-01

    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…

  9. Disentangling The Thick Concept Argument

    DEFF Research Database (Denmark)

    Blomberg, Olle

    2007-01-01

    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...

  10. Combining Paraconsistent Logic with Argumentation

    NARCIS (Netherlands)

    Grooters, Diana; Prakken, Hendrik

    2014-01-01

    One tradition in the logical study of argumentation is to allow for arguments that combine strict and defeasible inference rules, and to derive the strict inference rules from a logic at least as strong as classical logic. An unsolved problem in this tradition is how the trivialising effect of the

  11. Rhetoric and Essentially Contested Arguments

    Science.gov (United States)

    Garver, Eugene

    1978-01-01

    Draws a connection between Gallie's essentially contested concepts and Aristotle's account of rhetorical argument by presenting a definition of Essentially Contested Argument which is used as the connecting term between rhetoric and essentially contested concepts and by demonstrating the value of making this connection. (JF)

  12. CLAD DEGRADATION - FEPS SCREENING ARGUMENTS

    International Nuclear Information System (INIS)

    R. Schreiner

    2004-01-01

    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

  13. Argumentation skill profile using “Toulmin Argumentation Pattern” analysis of high school student at Subang on topic hydrostatic pressure

    Science.gov (United States)

    Syerliana, L.; Muslim; Setiawan, W.

    2018-05-01

    This study aims to know profile of argumentation skill high school student at Kabupaten Subang. To achieve this goal, researcher conducted a descriptive study to analysis student test results of argumentation skill of 35 students XII SMAN. Data collection using argumentation test which has validation by expert and then it is analyzed using TAP (Toulmin Argumentation Pattern) which consist of some components such a data, claim, warrant, backing, and rebuttal on the topic of hydrostatic pressure. The method used in this research is descriptive method. The result of this research show the student’s scientific argumentation skill is still low, this is proven by 54% average claim score, 38% data, 29% warrant, 35% backing and 35% rebuttal. These findings will serve as a basis for further research on innovative learning models that can improve students’ argumentation skill.

  14. Arguments for religious tolerance in Colombia, 1832-1853

    Directory of Open Access Journals (Sweden)

    José David Cortés Guerrero

    2017-07-01

    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.

  15. Legal aspects of Joint Pre-Commercial Procurements: from modeling to implementation

    CERN Document Server

    CERN. Geneva

    2015-01-01

    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...

  16. Written argument underlying the Brokdorf verdict

    International Nuclear Information System (INIS)

    Anon.

    1980-01-01

    In December 1979, the Schleswig administrative court delivered its judgment (AZ.: 10 A 512/76) against the plaintiffs (four neighbouring communities and nine individuals), who had brought in an action against the first part-construction permit for the Brokdorf nuclear power plant, issued on October 25, 1976. In mid-march 1980, the written argument underlying this court ruling (58 pages) has been sent out. The written argument conscientiously explains the reasoning of the court which delivered its verdict after several days of oral proceedings in October and November 1979, and clearly states the position of the court with regard to the limits of control by administrative jurisdiction as well as to the controversial legal problem of whether there is a lawful connection between the licensing in accordance with section 7, sub-section 2 of the AtG (Atomic Energy Act) and sufficient nuclear waste management provisions according to section 9a AtG. The court ruling declared the action to be substantially admissible but hot well-founded. (orig./HP) [de

  17. Il y a critique et critique : épistémologie des modèles d’argumentation There is Critique and there is Critique: Epistemology of Argumentation Models

    Directory of Open Access Journals (Sweden)

    Emmanuelle Danblon

    2012-10-01

    Full Text Available Cet article part d’un constat. La conception de la critique est toujours liée à l’épistémologie (souvent implicite des modèles d’analyse du discours. C’est à ce niveau que se situe le débat entre experts de ces disciplines. Je défends ensuite le modèle rhétorique en proposant d’insister sur sa dimension pratique laquelle est directement liée aux émotions et aux intuitions. Ainsi, la rhétorique est avant tout une technique est c’est dans cet aspect de la discipline qu’il faut chercher le cœur de sa rationalité. Je proposerai finalement d’ajouter ces nouveaux critères à une conception élargie de la raison humaine qui tienne compte également d’outils contemporains pour les analyses du discours.This paper claims that any conception of critique is necessarily linked with the (often implicit epistemology of models for Discourse Analysis. This is what actually underlies the debates of the experts in the discipline. I present here a defense of the rhetorical model - but at the same time, I propose to highlight its practical dimension, which is closely connected to emotions and intuitions. Thus rhetoric is, primarily, a technique. This aspect of the discipline lies at the very heart of its rationality. Such criteria should be added to an expanded conception of human reason which would take into account contemporary tools for Discourse Analysis.

  18. Craig and Kalam Cosmological Argument

    Directory of Open Access Journals (Sweden)

    Gholamhosein Tavacoly

    2011-08-01

    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.

  19. Craig and Kalam Cosmological Argument

    Directory of Open Access Journals (Sweden)

    Gholamhosein Tavacoly

    2011-09-01

    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.

  20. Craig and Kalam Cosmological Argument

    Directory of Open Access Journals (Sweden)

    Tavacoli, Gh

    2011-01-01

    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.

  1. Revisiting Strawsonian Arguments from Inescapability

    OpenAIRE

    Szigeti, Andras

    2012-01-01

    Peter Strawson defends the thesis that determinism is irrelevant to the justifiability of responsibility-attributions. In this paper, I want to examine various arguments advanced by Strawson in support of this thesis. These arguments all draw on the thought that the practice of responsibility is inescapable. My main focus is not so much the metaphysical details of Strawsonian compatibilism, but rather the more fundamental idea that x being inescapable may be reason for us to regard x as justi...

  2. Efficient computation of argumentation semantics

    CERN Document Server

    Liao, Beishui

    2013-01-01

    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

  3. Abuse liability of novel 'legal high' designer stimulants: evidence from animal models.

    Science.gov (United States)

    Watterson, Lucas R; Watterson, Elizabeth; Olive, Michael Foster

    2013-09-01

    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.

  4. The argument of the principles in contemporary theory of law: An antipositivist plea

    Directory of Open Access Journals (Sweden)

    José Julián Suárez-Rodríguez

    2012-06-01

    Full Text Available The theory of legal principles knows today a resonance unknown in other times of legal science and several authors have dedicated themselves to its formation, each of them giving important elements in its configuration. This article presents the characteristics of the contemporary theory of the principles and the contributions that the most important authors in the field gave to it. Furthermore, it shows how the theory of principles has been developed as an argument against the main thesis of legal positivism, the dominant legal culture until the second half of the twentieth century.

  5. Flying in Clear Skies: Technical Arguments Influencing ANAC Regulations

    Directory of Open Access Journals (Sweden)

    Marcello Fragano Baird

    2014-08-01

    Full Text Available Regulatory agencies possess the particularity of being controlled by non-elected politicians whose power is derived from delegations made by incumbent powers. There exists, however, a concern with the creation of institutional mechanisms that permit public participation, thus guaranteeing greater democratization and social control of the regulatory process. One of these participatory mechanisms is the public hearing, which was not given much attention by Brazilian literature on lobbying and interest groups. This article seeks to contribute to fill this gap, focusing on the impact of interest groups acting upon the National Civil Aviation Agency, ANAC. Analyzing comments sent to the public hearings, we identified the commentators and the intensity of their participation, the impact of their efforts as measured by the rate of comment incorporation, and we explained why some comments are incorporated and others are not. We organized an original data base of the comments made at all ANAC public hearings between 2007 and May 2012. We analyzed 518 comments concerning 48 regulations. To test participant influence, we classified the comments by degree of technicality, economic or legal argument, authorship, and request for regulation. To understand the incorporation process, we used regression models through which we presented evidence that a comment's incorporation is directly related to its degree of technicality. Technical comments, which effectively subsidize the resolution, have a higher chance of being incorporated. Even more than corporate power or its force of participation, the technical quality proved to be the main factor for comment incorporation.

  6. Socioscientific Argumentation: The effects of content knowledge and morality

    Science.gov (United States)

    Sadler, Troy D.; Donnelly, Lisa A.

    2006-10-01

    Broad support exists within the science education community for the incorporation of socioscientific issues (SSI) and argumentation in the science curriculum. This study investigates how content knowledge and morality contribute to the quality of SSI argumentation among high school students. We employed a mixed-methods approach: 56 participants completed tests of content knowledge and moral reasoning as well as interviews, related to SSI topics, which were scored based on a rubric for argumentation quality. Multiple regression analyses revealed no statistically significant relationships among content knowledge, moral reasoning, and argumentation quality. Qualitative analyses of the interview transcripts supported the quantitative results in that participants very infrequently revealed patterns of content knowledge application. However, most of the participants did perceive the SSI as moral problems. We propose a “Threshold Model of Knowledge Transfer” to account for the relationship between content knowledge and argumentation quality. Implications for science education are discussed.

  7. The deconstruction of safety arguments through adversarial counter-argument

    International Nuclear Information System (INIS)

    Armstrong, James M.; Paynter, Stephen E.

    2007-01-01

    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)

  8. Abusive Legalism

    OpenAIRE

    Cheung, Alvin

    2018-01-01

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

  9. The Illusion of Argument Justification

    Science.gov (United States)

    Fisher, Matthew; Keil, Frank

    2013-01-01

    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

  10. [Euthanasia: legal comparison in selected European countries].

    Science.gov (United States)

    Doležal, Adam

    2018-01-01

    This article deals with the subject of euthanasia (all its forms) and other end-of-life decisions, such as assisted suicide, withdrawing and whithholding life-sustaining treatments. Among other things, the article will also deal with the issue of the offense of Homicide by the Victims Request. Based on an empirical historical method, the article compares the various selected legal orders. From this analysis, it draws some conclusions that have an impact on ethical discourse. First of all, the terminology is defined in the article, which is very important in this area. Further, German law is being analysed, with emphasis on Nazi Germany. On that basis, the so-called reductio ad Hitlerum argument is rejected. Research continues and is followed by another states, the Netherlands, Belgium and Switzerland. By analysing them, the following ethical arguments used in euthanasia debates are examined: the argument of a slippery slope and the argument of respect for autonomy. Finally, the judgment of the European Court of Human Rights in the Pretty case is also analysed. On this case, we can demonstrate, how insufficient is argument of human dignity. The last part is dedicated to the Czech Republic and its legal order. Firstly, it focuses on the history of the legal regulation of euthanasia, but the main part deals with the current legal situation. In addition to the recent state of affairs, the bill of Death with dignity act is also being examined. At the end of the article it is pointed out that the Czech regulation is insufficient and changes are necessary. However, the proposed bill of Death with dignity act is not the right way to follow. Rather, it may be wise to adopt an amendment to the Penal Code that would introduce the offense of Homicide by the Victims Request.Key words: assisted suicide - euthanasia - Homicide by the Victims Request - medical futility - withdrawing and whithholding life-sustaining treatment.

  11. A sense of self-suspicion: global legal pluralism and the claim to legal authority

    Directory of Open Access Journals (Sweden)

    Mariano Croce

    2015-03-01

    Full Text Available Legal pluralism has become common currency in many contemporary debates on law and globalization. Its main claim is that a form of global legal pluralism represents both the most accurate description of law in times of globalization and the best normative option. On the descriptive level, global legal pluralism is considered more reliable than state-based accounts. On the normative level, global legal pluralism is understood as a possibility to open up the legal realm to previously unheard voices. This article assesses these claims against the background of classic legal-pluralist scholarship. After reconstructing the emergence of global legal pluralism and then examining its epistemic and normative versions, the last two sections identify the shortcoming of this approach by underlining the absence of what the authors call ‘a sense of self-suspicion’ in drawing the map of legalities in the global sphere. The main argument put forward is that global legal pluralism is oblivious of a few key insights offered by the founding fathers of classic legal pluralism.

  12. Peter Singer's argument for utilitarianism.

    Science.gov (United States)

    Buckle, Stephen

    2005-01-01

    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.

  13. Understanding how social enterprises can benefit from supportive legal frameworks : a case study report on social enterpreneurial models in Greece

    NARCIS (Netherlands)

    Argyrou, A.a; Blomme, R.J.; Lambooy, T.E.; Kievit, H.

    2016-01-01

    This study aims to test how legal factors affect the corporate structure of a social enterprise. The current article focuses on the legal factor of governance as the decision-making power of stakeholders within the social enterprise. The authors conducted a case study and examined a major social

  14. Architecture-based regulatory compliance argumentation

    DEFF Research Database (Denmark)

    Mihaylov, Boyan; Onea, Lucian; Hansen, Klaus Marius

    2016-01-01

    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....... 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...... the approach on the migration of the telemedicine platform Net4Care to the cloud, where certain regulations (for example privacy) should be concerned. The approach has the potential to support simpler compliance argumentation with the eventual promise of safer and more secure applications....

  15. Omitted Arguments and Complexity of Predication

    Science.gov (United States)

    Port, Martin

    2010-01-01

    This work focuses on the licensing conditions and logical structure of understood-argument constructions, or complement-drop constructions, in English. There are two main types of such arguments: Indefinite Understood Arguments (IUA) and Definite Understood Arguments (DUA). IUA readings occur in such cases in "He ate, He cooked". In such cases,…

  16. The Legal Forensic Model in Determining the Genuineness of Islamic Banking Documents and Their Application in Shariah Courts

    Directory of Open Access Journals (Sweden)

    Wan Abdul Fattah Wan Ismail

    2017-12-01

    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.

  17. Assisted suicide: Models of legal regulation in selected European countries and the case law of the European Court of Human Rights.

    Science.gov (United States)

    Grosse, Claudia; Grosse, Alexandra

    2015-10-01

    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.

  18. The Uneven Legal Push for Europe

    DEFF Research Database (Denmark)

    Wind, Marlene; Martinsen, Dorte Sindbjerg; Rotger, Gabriel Pons

    2009-01-01

    National courts have been key players in the legal push for Europe, though notably to varying degrees. This paper examines the persisting variations in the referral rates of national courts and the underlying causal factors, aiming to better understand why some member states' courts have been more...... reluctant to join in the legal push for Europe. By using econometric methods, it challenges the modified neofunctionalist argument that the extent of intra-EC trade explains the referral practice of the individual member states. Majoritarian democracy is hypothesized as a causal factor in the low referral...... of majoritarian democracy on the number of referrals. The paper concludes that, owing to the uneven legal push for Europe, some member states and their citizens remain at arms' length from the legal integration process - and, in consequence, from the full impact of European integration....

  19. Rich preference-based argumentation frameworks

    OpenAIRE

    Amgoud , Leila; Vesic , Srdjan

    2014-01-01

    International audience; An argumentation framework is seen as a directed graph whose nodes are arguments and arcs are attacks between the arguments. Acceptable sets of arguments, called extensions, are computed using a semantics. Existing semantics are solely based on the attacks and do not take into account other important criteria like the intrinsic strengths of arguments. The contribution of this paper is three fold. First, we study how preferences issued from differences in strengths of a...

  20. Age differences in attitude change: influences of cognitive resources and motivation on responses to argument quantity.

    Science.gov (United States)

    Wang, Mo; Chen, Yiwei

    2006-09-01

    This study examined the influences of cognitive resources and motivation on how young and older adults process different quantities of persuasive arguments. In the first experiment session, both young and older adults rated their attitudes toward marijuana legalization and capital punishment. After a week, they read either 3 or 9 similar-quality arguments supporting marijuana legalization and capital punishment. Half of participants were assigned to the high-involvement condition (i.e., told that they were going to discuss the arguments later with the experimenter) and the other half were assigned to the low-involvement condition (i.e., given no instructions). After reading the arguments, participants rated their attitudes toward those 2 social issues again. Highly involved young adults changed their attitudes regardless of the quantity of arguments, whereas lowly involved young adults' attitude change was influenced by the argument quantity. Older adults in both high-involvement and low-involvement conditions changed their attitudes according to the argument quantity. Working memory was found to mediate the age effects on attitude change. This finding demonstrated the importance of a cognitive mechanism in accounting for age differences in attitude change.

  1. Feminist Responses to Rogerian Argument.

    Science.gov (United States)

    Lassner, Phyllis

    1990-01-01

    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)

  2. A Davidsonian Argument Against Incommensurability

    NARCIS (Netherlands)

    Douven, I.; de Regt, H.W.

    2002-01-01

    The writings of Kuhn and Feyerabend on incommensurability challenged the idea that science progresses towards the truth. Davidson famously criticized the notion of incommensurability, arguing that it is incoherent. Davidson's argument was in turn criticized by Kuhn and others. This article argues

  3. Function and Argument in Begriffsschrift

    Czech Academy of Sciences Publication Activity Database

    Badesa, C.; Bertran-San Millán, Joan

    2017-01-01

    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

  4. Eight Arguments against Double Effect

    DEFF Research Database (Denmark)

    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...

  5. [Staff Satisfaction within Duty Hour Models: Longitudinal Survey on Suitability and Legal Conformity at a Surgical Maximum Care Department].

    Science.gov (United States)

    Langelotz, C; Koplin, G; Pascher, A; Lohmann, R; Köhler, A; Pratschke, J; Haase, O

    2017-12-01

    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

  6. Argumentation and Inference: A Unified Approach

    Directory of Open Access Journals (Sweden)

    Christophe Fouqueré

    2013-12-01

    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.

  7. Argument Structure in Arabic and English: Re-assessing Purity and Redeeming Hybridity

    Directory of Open Access Journals (Sweden)

    Faisal Said Al-Maamari

    2017-05-01

    Full Text Available This study presents a contrastive rhetorical analysis of 20 argumentative Arabic and English editorials in argument structure. Samples were selected from two daily newspapers with equally wide distribution, and articles were written by their respective native writers. Both graphical and textual analyses captured the argument structure in terms of macro and micro arguments. A core finding is that the argument structure in the sampled editorials did not conform to the current predominant model of argument structure, which tended to polarize argument structure in terms of through or counter argumentation. The study contributes to the existing literature by defying the polarized traditional purity typology of argument structure frequently cited in the literature, and emphasizes a more dynamic hybrid model to understanding and analyzing arguments in general and in Arabic and English specifically. Additionally, the study of the professional genre of editorails has implications for academic writing and second language writing pedagogy by sensitizing foreign language learners to existing models of argument structure and possible ways to structure their arguments in the target language.

  8. Identification of policies for a sustainable legal trade in rhinoceros horn based on population projection and socioeconomic models

    Science.gov (United States)

    Di Minin, Enrico; Laitila, Jussi; Montesino-Pouzols, Federico; Leader-Williams, Nigel; Slotow, Rob; Goodman, Peter S; Conway, Anthony J; Moilanen, Atte

    2015-01-01

    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 El Grano de los Datos de 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

  9. Legal Radiopathology

    International Nuclear Information System (INIS)

    Andrade Lima, L. de

    1986-01-01

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

  10. Catastrophic loss risks: An economic and legal analysis, and a model state statute

    International Nuclear Information System (INIS)

    Meyer, M.B.

    1984-01-01

    Catastrophic loss risk producing facilities or activities are defined as those human enterprises which are theoretically capable of producing some credible event which entails extremely large losses of human life, health, or property. Two examples of catastrophic loss risk producing facilities are examined, commercial nuclear power plants and LNG terminals. These two types of facilities appear to produce a type of externality in that they impose uncompensated loss risk costs on neighbors. Further, these two types of facilities may be quite dependent upon the subsidies implicit in these externalities for their continued economic operation. A model state statute is proposed which would use insurance premiums as an unbiased source of probability and outcome estimates in order to eliminate this externality and the resulting subsidy, and as a way of improving the present situation within certain economic limits

  11. Covenant model of corporate compliance. "Corporate integrity" program meets mission, not just legal, requirements.

    Science.gov (United States)

    Tuohey, J F

    1998-01-01

    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.

  12. Introduction and framing of electricity capacity markets. Legal requirements and boundaries; Einfuehrung und Ausgestaltung von Strom-Kapazitaetsmaerkten. Rechtliche Anforderungen und Grenzen

    Energy Technology Data Exchange (ETDEWEB)

    Daeuper, Olaf; Grundmann, Malte [Becker Buettner Held, Berlin (Germany)

    2012-12-15

    A lively discussion is currently being waged as to whether the electricity markets in their existing design can sustain our future security of supply and how this might be accomplished with future market designs using what are referred to as capacity mechanisms. However, the discussion is largely being conducted from the viewpoint of energy economy, in negligence of the legal constraints and requirements that must form the basis for any promotion mechanism in favour of existing or new installations. A wealth of legal regulations exists which must be taken into account here, ranging from primary European law down to the relevant national laws. Which model ultimately prevails will depend not so much on legal arguments as it will on ones phrased in terms of energy economy. When this has been achieved however, if not earlier, the importance of a legal framework for the market will become apparent.

  13. From the Consulting Room to the Court Room? Taking the Clinical Model of Responsibility Without Blame into the Legal Realm.

    Science.gov (United States)

    Lacey, Nicola; Pickard, Hanna

    2013-03-01

    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.

  14. Arguments that take Counterconsiderations into Account

    Directory of Open Access Journals (Sweden)

    Jan Albert van Laar

    2014-09-01

    Full Text Available This paper examines arguments that take counter- considerations into account, and it does so from a dialogical point of view. According to my 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 least six fully responsive ways. Conductive arguments (or: pro and con arguments, balance of con-siderations arguments will be characterized as one of these types. In this manner, the paper aims to show how conducive, and related kinds of argument can be understood dialogically.

  15. Comment: Legal Liability as Climate Change Policy

    OpenAIRE

    Hilary Sigman

    2007-01-01

    Several U.S. states have attempted to use of legal liability imposed on greenhouse gas emitters as a public policy instrument for climate change. This brief comment considers the desirability of this approach, focusing on three possible roles for climate change liability: as a source of compensation, as a direct influence on greenhouse gas concentrations, and as a means to facilitate the adoption of ex ante public policies to control greenhouse gases. The strongest argument for liability may ...

  16. Towards Real-Time Argumentation

    Directory of Open Access Journals (Sweden)

    Vicente JULIÁN

    2016-07-01

    Full Text Available In this paper, we deal with the problem of real-time coordination with the more general approach of reaching real-time agreements in MAS. Concretely, this work proposes a real-time argumentation framework in an attempt to provide agents with the ability of engaging in argumentative dialogues and come with a solution for their underlying agreement process within a bounded period of time. The framework has been implemented and evaluated in the domain of a customer support application. Concretely, we consider a society of agents that act on behalf of a group of technicians that must solve problems in a Technology Management Centre (TMC within a bounded time. This centre controls every process implicated in the provision of technological and customer support services to private or public organisations by means of a call centre. The contract signed between the TCM and the customer establishes penalties if the specified time is exceeded.

  17. A LIBRARIAN’S ARGUMENT

    Directory of Open Access Journals (Sweden)

    Brigita Miloš

    2013-01-01

    Full Text Available Cognitive linguistics/stylistics enable specific insights into the sex / gender identity issues, primarily by their basic theoretical postulate – mind embodiment. The aim of this paper is to analyze how the concept of rape functions in one particular statement/argument. Noted controversies and disputes, stemming from critical reading, also function as a version of ‘other’ embodied understandings of the term in question – rape.

  18. RHETORICAL STRUCTURE OF ARGUMENTATIVE ANSWER

    Directory of Open Access Journals (Sweden)

    Juliano Desiderato ANTONIO

    2014-12-01

    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.

  19. Zero expression of arguments in Old Danish

    DEFF Research Database (Denmark)

    Heltoft, Lars

    2014-01-01

    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.......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...

  20. Social values as arguments: similar is convincing

    Science.gov (United States)

    Maio, Gregory R.; Hahn, Ulrike; Frost, John-Mark; Kuppens, Toon; Rehman, Nadia; Kamble, Shanmukh

    2014-01-01

    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

  1. Social argumentation in online synchronous communication

    Science.gov (United States)

    Angiono, Ivan

    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.

  2. Social Values as Arguments: Similar is Convincing

    Directory of Open Access Journals (Sweden)

    Gregory R Maio

    2014-08-01

    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.

  3. Argumentation Key to Communicating Climate Change to the Public

    Science.gov (United States)

    Bleicher, R. E.; Lambert, J. L.

    2012-12-01

    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

  4. Nominalized clauses, clausal arguments and agreement

    OpenAIRE

    Picallo, M. Carme

    2001-01-01

    Strict minimalist assumptions require adopting the hypothesis that argument clauses and nominalized clauses are assigned Phi features. The data examined suggest that the interpretable Phi content of these arguments is specified as [-P, -N, -G]. We conclude that all arguments (of the clausal or of the nominal types) are subject to the operation Agree with a functional category. All arguments behave alike as far as abstract computational operations is concerned. The computational component is b...

  5. The Binomial Coefficient for Negative Arguments

    OpenAIRE

    Kronenburg, M. J.

    2011-01-01

    The definition of the binomial coefficient in terms of gamma functions also allows non-integer arguments. For nonnegative integer arguments the gamma functions reduce to factorials, leading to the well-known Pascal triangle. Using a symmetry formula for the gamma function, this definition is extended to negative integer arguments, making the symmetry identity for binomial coefficients valid for all integer arguments. The agreement of this definition with some other identities and with the bin...

  6. Similarity Arguments in the Genetic Modification Debate

    DEFF Research Database (Denmark)

    Christiansen, Andreas

    2017-01-01

    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, the ...

  7. Van Inwagen on the Cosmological Argument | Brueckner ...

    African Journals Online (AJOL)

    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 ...

  8. Social Argumentation in Online Synchronous Communication

    Science.gov (United States)

    Alagoz, Esra

    2013-01-01

    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…

  9. Attorney Argumentation and Supreme Court Opinions.

    Science.gov (United States)

    Benoit, William L.

    1989-01-01

    Investigates the relationship between argumentation advanced by attorneys in four Supreme Court cases and the reasoning proffered by the Court in its decisions in those cases. Finds attorney argumentation sometimes irrelevant to the Court's reasoning and sometimes adopted by the Court. Offers a perspective on argumentation and decision making to…

  10. Two Forms of Philosophical Argument or Critique

    Science.gov (United States)

    Marshall, James D.

    2004-01-01

    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,…

  11. From the Consulting Room to the Court Room? Taking the Clinical Model of Responsibility Without Blame into the Legal Realm

    Science.gov (United States)

    Lacey, Nicola; Pickard, Hanna

    2013-01-01

    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

  12. Legal Philosophy - Five Questions

    DEFF Research Database (Denmark)

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

  13. Legal reality of Russia: constants and variables

    Directory of Open Access Journals (Sweden)

    Andrey Valeryevich Skorobogatov

    2015-06-01

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

  14. Insult in Context: Incorporating Speech Act Theory in Doctrinal Legal Analysis of Interpretative Discussions

    NARCIS (Netherlands)

    H.T.M. Kloosterhuis (Harm)

    2015-01-01

    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

  15. Oral genres, argumentation and teaching

    Directory of Open Access Journals (Sweden)

    Zilda G. O. Aquino

    2015-02-01

    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 [1958], among others.

  16. Children's responses in argumentative discussions relating to parental rules and prescriptions

    Directory of Open Access Journals (Sweden)

    Antonio Bova

    2015-01-01

    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.

  17. Threat Assessment Teams: A Model for Coordinating the Institutional Response and Reducing Legal Liability when College Students Threaten Suicide

    Science.gov (United States)

    Penven, James C.; Janosik, Steven M.

    2012-01-01

    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…

  18. Argument Strength and the Persuasiveness of Stories

    Science.gov (United States)

    Schreiner, Constanze; Appel, Markus; Isberner, Maj-Britt; Richter, Tobias

    2017-01-01

    ABSTRACT Stories are a powerful means to change people’s attitudes and beliefs. The aim of the current work was to shed light on the role of argument strength (argument quality) in narrative persuasion. The present study examined the influence of strong versus weak arguments on attitudes in a low or high narrative context. Moreover, baseline attitudes, interindividual differences in working memory capacity, and recipients’ transportation were examined. Stories with strong arguments were more persuasive than stories with weak arguments. This main effect was qualified by a two-way interaction with baseline attitude, revealing that argument strength had a greater impact on individuals who initially were particularly doubtful toward the story claim. Furthermore, we identified a three-way interaction showing that argument strength mattered most for recipients who were deeply transported into the story world in stories that followed a typical narrative structure. These findings provide an important specification of narrative persuasion theory. PMID:29805322

  19. Towards a model for Heritage Information. Model Generation of Immovable Heritage at the time of Their Legal Protection

    Directory of Open Access Journals (Sweden)

    Manuel Castellano Román

    2013-11-01

    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.

  20. Ulysses arrangements in psychiatric treatment: towards proposals for their use based on 'sharing' legal capacity.

    Science.gov (United States)

    Bielby, Phil

    2014-06-01

    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.

  1. Types of arguments in parents-children discussions:: an argumentative analysis

    OpenAIRE

    Bova, Antonio; Arcidiacono, Francesco

    2014-01-01

    This study aims to single out the argumentative strategies most frequently used by parents to convince their children to accept their rules and prescriptions at mealtimes. The results of thestudy show that parents mostly put forward arguments based on the quality and quantity of food to persuade their childern to eat. Less frequently, the parents put forward other types of arguments such as the appeal to consistency, the arguments from expert opinion, and the argument from analogy. Whi...

  2. A Reinforcement Learning Approach to Improve the Argument Selection Effectiveness in Argumentation-based Negotiation

    OpenAIRE

    Amandi, Analia Adriana; Monteserin, Ariel José

    2016-01-01

    Argument selection is considered the essence of the strategy in argumentation-based negotiation. An agent, which is arguing during a negotiation, must decide what arguments are the best to persuade the opponent. In fact, in each negotiation step, the agent must select an argument from a set of candidate arguments by applying some selection policy. Following this policy, the agent observes some factors of the negotiation context, for instance: trust in the opponent and expected utility of the...

  3. Analysis of scientific argumentation in two physical chemistry classrooms using the POGIL approach

    Science.gov (United States)

    Moon, Alena C.

    The benefits of facilitating argumentation in science education have been well reported (Jimenez-Aleixandre & Erduran, 2007). Engaging in argumentation has shown to model authentic scientific inquiry as well as promote development of content knowledge. However, less emphasis has been placed on facilitating argumentation in upper level undergraduate courses, though it is important for evaluating undergraduate curricula to characterize upper level students' scientific reasoning. This work considers two implementations of the POGIL physical chemistry curriculum and evaluates the classroom argumentation. The researchers aimed to consider the content of the arguments and dialectical features characteristic of socially constructed arguments (Nielson, 2013). To do this, whole class sessions were videotaped and Toulmin's Argument Pattern (TAP) was used to identify the arguments generated during the class (Erduran, Simon, & Osborne, 2004). A learning progression on chemical thinking (Sevian & Talanquer, 2014) was used as a domain-specific measure of argument quality. Results show differences in argumentation between and across both classrooms that can be explained by analysis of instructor facilitation and the POGIL curriculum. The results from this work will be used to make recommendations for instructor facilitation of argumentation and reform of the POGIL curriculum.

  4. PROPOSING AN INTEGRATIVE-PROGRESSIVE MODEL IN HANDLING TROUBLED INDONESIAN OVERSEAS WORKERS IN THE TRANSIT AREA (A SOCIO-LEGAL RESEARCH IN TANJUNG PINANG CITY, KEPULAUAN RIAU PROVINCE

    Directory of Open Access Journals (Sweden)

    Rina Shahriyani Shahrullah

    2015-12-01

    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.

  5. Defining Legal Moralism

    DEFF Research Database (Denmark)

    Thaysen, Jens Damgaard

    2015-01-01

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

  6. 5½ Problems with Legal Positivism and Tax Law

    OpenAIRE

    Bogenschneider, Bret

    2017-01-01

    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...

  7. Achieving Excellence in the Legal Profession in a Globalized World ...

    African Journals Online (AJOL)

    The increasing impacts of information technology and the internet have demystified knowledge and skills in all professions leaving the lawyer of today a person of business and ethics. The key argument in this paper is that ... knowledge and skill in that order. Keywords: Legal education, excellence, globalization, technology ...

  8. Regional Legal Assistance

    Directory of Open Access Journals (Sweden)

    Abdul Fatah

    2015-06-01

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

  9. Stare Decisis: Dueling Legal Interpretations of the Douglas County, Colorado Choice Scholarship Program

    Science.gov (United States)

    Fox, Robert A.

    2016-01-01

    In the absence of incontrovertible performance data in support of, or opposition to, school vouchers, court decisions on their legality become increasingly important. Analysis of legal challenges provides a rich opportunity for scholars and policymakers to follow arguments for or against their positions. We present a chronicle of the litigation…

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

    African Journals Online (AJOL)

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

  11. Empirical Scientific Research and Legal Studies Research--A Missing Link

    Science.gov (United States)

    Landry, Robert J., III

    2016-01-01

    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…

  12. Non-Discriminating Arguments and Their Uses

    DEFF Research Database (Denmark)

    Christiansen, Henning; Gallagher, John Patrick

    2009-01-01

    We present a technique for identifying predicate arguments that play no role in determining the control flow of a logic program with respect to goals satisfying given mode and sharing restrictions.  We call such arguments non-discriminating arguments. We show that such arguments can be detected...... 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...

  13. The students’ mathematical argumentation in geometry

    Science.gov (United States)

    Sukirwan; Darhim; Herman, T.; Prahmana, R. C. I.

    2017-12-01

    The main objective of this research is to analyze the student's mathematical argumentation when dealing with geometry. The method is used qualitative method with grounded theory to know how the students provide an explanation or an answer against claims so that the quality of the vernacular students will be drawn up with clear from how students compose a series of arguments. The results showed that there were still many students basically experiencing constraints in argumentation, but the quality of the reasoning appears to be a variation of the argument appeared, include: inductive, algebra, visual and perceptual. In addition, the starting point of the students composes a series of arguments generally starts from claims that arise in a matter. Proof of claim further builds upon the relationship between the characteristics of data with mathematical objects that appear in the acquired mathematical knowledge from previous students. Relationship spelled out in a series of statements and reasons which support the claims through the fourth argument.

  14. Modeling complex metabolic reactions, ecological systems, and financial and legal networks with MIANN models based on Markov-Wiener node descriptors.

    Science.gov (United States)

    Duardo-Sánchez, Aliuska; Munteanu, Cristian R; Riera-Fernández, Pablo; López-Díaz, Antonio; Pazos, Alejandro; González-Díaz, Humberto

    2014-01-27

    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

  15. 16 CFR 698.2 - Legal effect.

    Science.gov (United States)

    2010-01-01

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

  16. Definitional Arguments in Children’s Speech

    Directory of Open Access Journals (Sweden)

    Rebecca Schar

    2017-07-01

    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.

  17. Humanist Principles Underlying Philosophy of Argument

    Directory of Open Access Journals (Sweden)

    George Boger

    2008-02-01

    Full Text Available This discussion reviews the thinking of some prominent philosophers of argument to extract principles common to their thinking. It shows that a growing concern with dialogical pragmatics is better appreciated as a part of applied ethics than of applied epistemology. The discussion concludes by indicating a possible consequence for philosophy of argument and invites further discussion by asking whether argumentation philosophy has an implicit, underlying moral, or even political, posture.

  18. A Viewpoint Approach to Structured Argumentation

    OpenAIRE

    Tamani, Nouredine; Croitoru, Madalina; Buche, Patrice

    2013-01-01

    We introduce in this paper a viewpoint-based argumentation approach in the context of the EcoBioCap project, which requirements are different actor arguments expressed over several criteria, describing the objects of a domain, to support/oppose contradictory goals. A viewpoint is an ASPIC+ argumentation system defined over a subset of rules corresponding to a single criterion. Concepts of conflict between viewpoints, independent viewpoints, and collection of independent viewpoints are the bas...

  19. The great slippery-slope argument.

    OpenAIRE

    Burgess, J A

    1993-01-01

    Whenever some form of beneficent killing--for example, voluntary euthanasia--is advocated, the proposal is greeted with a flood of slippery-slope arguments warning of the dangers of a Nazi-style slide into genocide. This paper is an attempt systematically to evaluate arguments of this kind. Although there are slippery-slope arguments that are sound and convincing, typical formulations of the Nazi-invoking argument are found to be seriously deficient both in logical rigour and in the social hi...

  20. Dialogical argumentation in elementary science classrooms

    Science.gov (United States)

    Kim, Mijung; Roth, Wolff-Michael

    2018-02-01

    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.

  1. Analyzing Argumentation In Rich, Natural Contexts

    Directory of Open Access Journals (Sweden)

    Anita Reznitskaya

    2008-02-01

    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.

  2. Dementia and Legal Competency

    OpenAIRE

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

    2011-01-01

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

  3. Indonesian legal framework to support innovation sustainability

    Science.gov (United States)

    Pratama, Bambang

    2018-03-01

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

  4. Blandford's argument: The strongest continuous gravitational wave signal

    International Nuclear Information System (INIS)

    Knispel, Benjamin; Allen, Bruce

    2008-01-01

    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.

  5. The Legal Case

    NARCIS (Netherlands)

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

    2013-01-01

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

  6. Examining Science Teachers' Argumentation in a Teacher Workshop on Earthquake Engineering

    Science.gov (United States)

    Cavlazoglu, Baki; Stuessy, Carol

    2018-02-01

    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.

  7. Psychological and sociological research and the decriminalization or legalization of prostitution.

    Science.gov (United States)

    Rio, L M

    1991-04-01

    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.

  8. China's one-child policy, a policy without a future. Pitfalls of the “common good” argument and the authoritarian model.

    Science.gov (United States)

    Nie, Jing-Bao

    2014-07-01

    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.

  9. Vygotsky's Crisis: Argument, context, relevance.

    Science.gov (United States)

    Hyman, Ludmila

    2012-06-01

    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.

  10. Enhancing Argumentative Writing Skill through Contextual Teaching and Learning

    Science.gov (United States)

    Hasani, Aceng

    2016-01-01

    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…

  11. Examining Elementary Students' Development of Oral and Written Argumentation Practices Through Argument-Based Inquiry

    Science.gov (United States)

    Chen, Ying-Chih; Hand, Brian; Park, Soonhye

    2016-05-01

    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.

  12. Arguments that take counterconsiderations into account

    NARCIS (Netherlands)

    van Laar, Jan Albert

    2014-01-01

    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

  13. Formalising arguments about the burden of persuasion.

    NARCIS (Netherlands)

    Prakken, H.; Sartor, G.

    2007-01-01

    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

  14. Design Argumentation in Academic Design Education

    DEFF Research Database (Denmark)

    Dalsgaard, Peter; Dindler, Christian; Fritsch, Jonas

    2013-01-01

    We explore design argumentation as a resource when teaching interaction design in a university setting. We propose that design argumentation can help bridge between practice-based design education and theoretical issues from university curricula. In this paper, we outline the idea of design...

  15. An Argument Approach to Observation Protocol Validity

    Science.gov (United States)

    Bell, Courtney A.; Gitomer, Drew H.; McCaffrey, Daniel F.; Hamre, Bridget K.; Pianta, Robert C.; Qi, Yi

    2012-01-01

    This article develops a validity argument approach for use on observation protocols currently used to assess teacher quality for high-stakes personnel and professional development decisions. After defining the teaching quality domain, we articulate an interpretive argument for observation protocols. To illustrate the types of evidence that might…

  16. Argumentation and Decision Making in Professional Practice

    Science.gov (United States)

    Gainsburg, Julie; Fox, John; Solan, Lawrence M.

    2016-01-01

    How is argumentation used in professional practice? As schools aim to ensure that students are college-and-career ready, classroom practices might be informed by argumentation in the professions. An analysis of evidence-based reasoning in 3 professions--engineering, law, and medicine--offers out-of-school perspectives on the practices and purposes…

  17. Analysis and evaluation of argumentative discourse

    NARCIS (Netherlands)

    van Eemeren, F.H.; Garssen, B.; van Eemeren, F.H.

    2015-01-01

    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

  18. Friendly Alternatives to the Argumentative Essay.

    Science.gov (United States)

    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…

  19. Trying and the Arguments from Total Failure

    DEFF Research Database (Denmark)

    Grünbaum, Thor

    2008-01-01

    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...

  20. The assessment of argumentation from expert opinion

    NARCIS (Netherlands)

    Wagemans, J.H.M.

    2011-01-01

    In this contribution, I will develop a comprehensive tool for the reconstruction and evaluation of argumentation from expert opinion. This is done by analyzing and then combining two dialectical accounts of this type of argumentation. Walton’s account of the ‘appeal to expert opinion’ provides a

  1. Identifying Kinds of Reasoning in Collective Argumentation

    Science.gov (United States)

    Conner, AnnaMarie; Singletary, Laura M.; Smith, Ryan C.; Wagner, Patty Anne; Francisco, Richard T.

    2014-01-01

    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…

  2. Argument and Credibility Appeals in Persuasion.

    Science.gov (United States)

    Benoit, William L.

    1987-01-01

    Indicated that (1) arguments perceived as strong by receivers generated both more favorable, supportive cognitive responses and attitude change than weak message arguments; and (2) perceived source expertise and attractiveness influenced cognitive responses, but not in a coherent fashion or to the extent that they effect attitude change. (JD)

  3. Can't see the woods for the trees: exploring the range and connection of tobacco industry argumentation in the 2012 UK standardised packaging consultation.

    Science.gov (United States)

    Lie, Jessamina Lih Yan; Fooks, Gary; de Vries, Nanne K; Heijndijk, Suzanne M; Willemsen, Marc C

    2017-07-25

    Transnational tobacco company (TTC) submissions to the 2012 UK standardised packaging consultation are studied to examine TTC argumentation in the context of Better Regulation practices. A content analysis was conducted of Philip Morris International and British American Tobacco submissions to the 2012 UK consultation. Industry arguments concerning expected costs and (contested) benefits of the policy were categorised into themes and frames. The inter-relationship between frames through linked arguments was mapped to analyse central arguments using an argumentation network. 173 arguments were identified. Arguments fell into one of five frames: ineffectiveness, negative economic consequences, harm to public health, increased crime or legal ramifications. Arguments highlighted high costs to a wide range of groups, including government, general public and other businesses. Arguments also questioned the public health benefits of standardised packaging and highlighted the potential benefits to undeserving groups. An increase in illicit trade was the most central argument and linked to the greatest variety of arguments. In policy-making systems characterised by mandatory impact assessments and public consultations, the wide range of cost (and contested benefits) based arguments highlights the risk of TTCs overloading policy actors and causing delays in policy adoption. Illicit trade related arguments are central to providing a rationale for these arguments, which include the claim that standardised packaging will increase health risks. The strategic importance of illicit trade arguments to industry argumentation in public consultations underlines the risks of relying on industry data relating to the scale of the illicit trade. © Article author(s) (or their employer(s) unless otherwise stated in the text of the article) 2017. All rights reserved. No commercial use is permitted unless otherwise expressly granted.

  4. That’s No Argument! The Dialectic of Non-Argumentation

    NARCIS (Netherlands)

    Krabbe, Erik C. W.; van Laar, Jan Albert

    2015-01-01

    What if in discussion the critic refuses to recognize an emotionally expressed (alleged) argument of her interlocutor as an argument, accusing him of having presented no argument at all. In this paper, we shall deal with this reproach, which taken literally amounts to a charge of having committed a

  5. Argument z důsledku a jeho varianty (Argument from Consequences and its variants

    Directory of Open Access Journals (Sweden)

    Martina Juříková

    2016-03-01

    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.

  6. Argument Construction in Understanding Noncovalent Interactions: A Comparison of Two Argumentation Frameworks

    Science.gov (United States)

    Cooper, A. Kat; Oliver-Hoyo, M. T.

    2016-01-01

    Argument construction is a valuable ability for explaining scientific phenomena and introducing argumentation skills as part of a curriculum can greatly enhance student understanding by promoting self-reflection on the topic under investigation. This article aims to use argument construction as a technique to support an activity designed to…

  7. Argumentation, rationality, and psychology of reasoning

    Directory of Open Access Journals (Sweden)

    David Godden

    2015-05-01

    Full Text Available This paper explicates an account of argumentative rationality by articulating the common, basic idea of its nature, and then identifying a collection of assumptions inherent in it. Argumentative rationality is then contrasted with dual-process theories of reasoning and rationality prevalent in the psychology of reasoning. It is argued that argumentative rationality properly corresponds only with system-2 reasoning in dual-process theories. This result challenges the prescriptive force of argumentative norms derives if they derive at all from their descriptive accuracy of our cognitive capacities. In response, I propose an activity-based account of reasoning which retains the assumptions of argumentative rationality while recontextualizing the relationship between reasoning as a justificatory activity and the psychological states and processes underlying that activity.

  8. The great slippery-slope argument.

    Science.gov (United States)

    Burgess, J A

    1993-09-01

    Whenever some form of beneficent killing--for example, voluntary euthanasia--is advocated, the proposal is greeted with a flood of slippery-slope arguments warning of the dangers of a Nazi-style slide into genocide. This paper is an attempt systematically to evaluate arguments of this kind. Although there are slippery-slope arguments that are sound and convincing, typical formulations of the Nazi-invoking argument are found to be seriously deficient both in logical rigour and in the social history and psychology required as a scholarly underpinning. As an antidote, an attempt is made both to identify some of the likely causes of genocide and to isolate some of the more modest but legitimate fears that lie behind slippery-slope arguments of this kind.

  9. The Determinants of Money Arguments between Spouses

    Directory of Open Access Journals (Sweden)

    Dorothy B. Durband

    2010-10-01

    Full Text Available A commonly held view is that arguments about money are associated with marital problems, but relatively little is known about the nature of arguing about money within marriage. Using data from the National Longitudinal Survey of Youth 1979 (NLSY79, this study uses a collective bargaining approach to examine the role of money arguments in marriage. The sample (N = 1,371 consists of married women. A collective bargaining framework provides a context for understanding money arguments within the marital relationship. Results indicate that costly communication is the dominant predictor of money arguments, followed by level and proportion of wife’s income, and household net worth. Because results suggest that both communication and financial resources are important components to understanding money arguments within marriage, a combination of professionals trained in marital therapy and/or financial planning is required for couples interested in seeking assistance to increase their satisfaction and/or avoid divorce.

  10. Legal clinic gender sensitive method for law students

    Directory of Open Access Journals (Sweden)

    Petrušić Nevena

    2008-01-01

    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.

  11. Dementia and legal competency.

    Science.gov (United States)

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

    2011-06-01

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

  12. Caspian oil and Azerbaijan foreign policy: analyse of Azerbaijanese arguments

    International Nuclear Information System (INIS)

    Gurbanov, T.

    2005-03-01

    Since Azerbaijan's independence, He decided to use its natural resources for strengthening the bases of a new state and signed 21 massive oil contracts with 35 companies of 21 different countries. Our research aims to analyse the Azerbaijanis' arguments related to Caspian oil through its foreign policy, by economic, legal and geopolitical axes. Oil has a fundamental place in the country's economy, as it is Azerbaijan's Gross Product. The treaties of 1921 and 1940 do not regulate the question concerning the common use of the resources of the Caspian Sea. Therefore, it became urgent to define new status related to divide the sea by median line into national sectors according to the equidistance principles. As the oil is a 'political game' between foreign powers, Azerbaijan tries to take the benefice from this 'New great game' by transforming the country into a zone of cooperation. (author)

  13. Ethical and Legal Issues in Gestational Surrogacy.

    Science.gov (United States)

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

    2018-01-01

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

  14. Ethical and Legal Issues in Gestational Surrogacy

    Science.gov (United States)

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

    2018-01-01

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

  15. Embryos, individuals, and persons: an argument against embryo creation and research.

    Science.gov (United States)

    Tollefsen, C

    2001-01-01

    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.

  16. The adventures of climate science in the sweet land of idle arguments

    Science.gov (United States)

    Winsberg, Eric; Goodwin, William Mark

    2016-05-01

    In a recent series of papers Roman Frigg, Leonard Smith, and several coauthors have developed a general epistemological argument designed to cast doubt on the capacity of a broad range of mathematical models to generate "decision relevant predictions." The presumptive targets of their argument are at least some of the modeling projects undertaken in contemporary climate science. In this paper, we trace and contrast two very different readings of the scope of their argument. We do this by considering the very different implications for climate science that these interpretations would have. Then, we lay out the structure of their argument-an argument by analogy-with an eye to identifying points at which certain epistemically significant distinctions might limit the force of the analogy. Finally, some of these epistemically significant distinctions are introduced and defended as relevant to a great many of the predictive mathematical modeling projects employed in contemporary climate science.

  17. 'You are inferior!' Revisiting the expressivist argument.

    Science.gov (United States)

    Hofmann, Bjørn

    2017-09-01

    According to the expressivist argument the choice to use biotechnologies to prevent the birth of individuals with specific disabilities is an expression of disvalue for existing people with this disability. The argument has stirred a lively debate and has recently received renewed attention. This article starts with presenting the expressivist argument and its core elements. It then goes on to present and examine the counter-arguments before it addresses some aspects that have gained surprisingly little attention. The analysis demonstrates that the expressivist argument has a wide range of underpinnings and that counter-arguments tend to focus on only a few of these. It also reveals an important aspect that appears to have been ignored, i.e., that people do not select foetuses based on chromosomes or other biological traits, but based on characteristics of living persons with specific disabilities. This makes it more difficult to undermine the claim that negative selection of foetuses expresses a disvaluing of persons with such disabilities. It leaves the expressivist argument with a strong bite still. © 2017 John Wiley & Sons Ltd.

  18. Reconsidering Kantian arguments against organ selling.

    Science.gov (United States)

    Alpinar-Şencan, Zümrüt

    2016-03-01

    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.

  19. Revisiting the argument from fetal potential

    Directory of Open Access Journals (Sweden)

    Manninen Bertha

    2007-05-01

    Full Text Available Abstract One of the most famous, and most derided, arguments against the morality of abortion is the argument from potential, which maintains that the fetus' potential to become a person and enjoy the valuable life common to persons, entails that its destruction is prima facie morally impermissible. In this paper, I will revisit and offer a defense of the argument from potential. First, I will criticize the classical arguments proffered against the importance of fetal potential, specifically the arguments put forth by philosophers Peter Singer and David Boonin, by carefully unpacking the claims made in these arguments and illustrating why they are flawed. Secondly, I will maintain that fetal potential is morally relevant when it comes to the morality of abortion, but that it must be accorded a proper place in the argument. This proper place, however, cannot be found until we first answer a very important and complex question: we must first address the issue of personal identity, and when the fetus becomes the type of being who is relevantly identical to a future person. I will illustrate why the question of fetal potential can only be meaningfully addressed after we have first answered the question of personal identity and how it relates to the human fetus.

  20. Legal method in danish law

    DEFF Research Database (Denmark)

    Blume, Peter Erik

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

  1. Medico legal issues.

    Science.gov (United States)

    Mackenzie, Geraldine; Carter, Hugh

    2010-01-01

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

  2. Fallacies in ethical argumentation on abortion

    Directory of Open Access Journals (Sweden)

    Simona Mazilu

    2007-01-01

    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.

  3. Legality of Tawarruq in Islamic Finance

    Directory of Open Access Journals (Sweden)

    Nur Yuhanis Bt Ismon

    2012-01-01

    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

  4. What role for law in achieving transboundary drainage basin security?--the development and testing of the Legal Assessment Model (LAM) for transboundary watercourse states.

    Science.gov (United States)

    Wouters, P K

    2004-01-01

    The beneficial use of the world's transboundary waters raises difficult issues for drainage basin security on most parts of the globe. International law provides that each transboundary watercourse State is entitled to, and obliged to ensure, an "equitable and reasonable use" of these shared waters. The IWLRI developed and tested a Legal Assessment Model (LAM) through the work of interdisciplinary teams working in three different transboundary situations--China (upstream), Mozambique (downstream) and Palestine (shared groundwater). The LAM provides a tool for transboundary watercourse States to use in the preparation of their national water strategy for use at the national and international levels. The model should now be tested at the basin level, with a view to assisting to accomplish the peaceful and rational use of transboundary waters in line with the governing rule of international law and thereby to facilitate the overall policy objective of drainage basin security.

  5. Legal regime of human activities in outer space law

    Science.gov (United States)

    Golda, Carlo

    1994-01-01

    Current developments in space activities increasingly involve the presence of humans on board spacecraft and, in the near future, on the Moon, on Mars, on board Space Stations, etc. With respect to these challenges, the political and legal issues connected to the status of astronauts are largely unclear and require a new doctrinal attention. In the same way, many legal and political questions remain open in the structure of future space crews: the need for international standards in the definition and training of astronauts, etc.; but, first of all, an international uniform legal definition of astronauts. Moreover, the legal structure for human life and operations in outer space can be a new and relevant paradigm for the definition of similar rules in all the situations and environments in which humans are involved in extreme frontiers. The present article starts from an overview on the existing legal and political definitions of 'astronauts', moving to the search of a more useful definition. This is followed by an analysis of the concrete problems created by human space activities, and the legal and political responses to them (the need for a code of conduct; the structure of the crew and the existing rules in the US and ex-USSR; the new legal theories on the argument; the definition and structure of a code of conduct; the next legal problems in fields such as privacy law, communications law, business law, criminal law, etc.).

  6. Guidelines for writing an argumentative essay

    OpenAIRE

    Aleksandra Egurnova

    2014-01-01

    The guidelines below are intended for teachers, professors, students, and the public at large who are interested in the issues of English writing culture. They provide a detailed plan for completing the writing task–writing an argumentative essay.

  7. Argumentation and Multi-Agent Decision Making

    OpenAIRE

    Parsons, S.; Jennings, N. R.

    1998-01-01

    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.

  8. Support for argument structures review and assessment

    International Nuclear Information System (INIS)

    Cyra, Lukasz; Gorski, Janusz

    2011-01-01

    Argument structures are commonly used to develop and present cases for safety, security and for other properties of systems. Such structures tend to grow excessively, which causes problems with their review and assessment. Two issues are of particular interest: (1) systematic and explicit assessment of the compelling power of an argument, and (2) communication of the result of such an assessment to relevant recipients. The paper presents a solution to these problems. The method of Visual Assessment of Arguments (VAA), being this solution, is based on the Dempster-Shafer theory of evidence applied to the assessment of the strength of arguments, and a visual mechanism of issuing and presenting assessments, supported by the so-called opinion triangle. In the paper we explain theoretical grounding for the method and provide guidance on its application. The results of some validation experiments are also presented.

  9. Discounting future health benefits: the poverty of consistency arguments.

    Science.gov (United States)

    Nord, Erik

    2011-01-01

    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.

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

    Directory of Open Access Journals (Sweden)

    Konrad Graf

    2011-08-01

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

  11. The sensitivity argument against child euthanasia.

    Science.gov (United States)

    Keeling, Geoff

    2018-02-01

    Is there a moral difference between euthanasia for terminally ill adults and euthanasia for terminally ill children? Luc Bovens considers five arguments to this effect, and argues that each is unsuccessful. In this paper, I argue that Bovens' dismissal of the sensitivity argument is unconvincing. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://www.bmj.com/company/products-services/rights-and-licensing/.

  12. A Framework for Argumentation-Based Negotiation

    OpenAIRE

    Sierra, C.; Jennings, N. R.; Noriega, P.; Parsons, S.

    1997-01-01

    Many autonomous agents operate in domains in which the cooperation of their fellow agents cannot be guaranteed. In such domains negotiation is essential to persuade others of the value of co-operation. This paper describes a general framework for negotiation in which agents exchange proposals backed by arguments which summarise the reasons why the proposals should be accepted.The argumentation is persuasive because the exchanges are able to alter the mental state of the agents involved. The f...

  13. Advancing teacher knowledge of effective argumentation pedagogy

    OpenAIRE

    Simon,Shirley; Davies,Paul; Trevethan,Jillian

    2012-01-01

    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-...

  14. Peculiarities of the Nature and Status of the Russian Presidential Administration: Historical, Political and Legal Overview

    Directory of Open Access Journals (Sweden)

    Anton Vladimirovich Zuykov

    2018-03-01

    Full Text Available The Presidential Administration in the Russian Federation has never been just an adminicular mechanism of the head of state. Unlike its western analogs, it has always possessed an incomparably large resource of power. While presidents were changed, the personal stuff, structure and authorities of this body were also changed, but its central place in the management system of the Russian state remained stable. The Administration of the President of the Russian Federation is an institution, whose legal status does not have a clear legal shape. Not without reason the journalists, as well as lawyers, political scientists and historians sometimes call it the shadow government or the secret order. However, the legal nature of the administration of the President of the Russian Federation is not quite clear. Even the name "Administration" is often misleading: whether the Administration of the President of the Russian Federation may be considered the executive power or the public administration in a wider sense? This and other disputes about the nature of the Presidential Administration of the Russian Federation and its legal status have arisen in the expert community with the beginning of complex work on the constitutional project, and are still ongoing today. In this regard, the author of this article decided to make one of the first attempts in the country to investigate what the Administration of the President of the Russian Federation really is, what are the problems associated with its functioning, and whether there are legal means to resolve them at the present stage. To answer these questions, the author thoroughly analyzes the models and arguments proposed at different stages of the development of the new Russia, and correlates them with the basic constitutional principles.

  15. Legalization of drugs of abuse and the pediatrician.

    Science.gov (United States)

    Schwartz, R H

    1991-10-01

    Growing numbers of individuals are proposing that drugs be legalized in the United States, with claims that federal, state, and local efforts to prohibit the use of illicit drugs are irrational and unenforceable. "Drug reform" advocates include persons of all political persuasions. Ironically, the call for drug reform comes at a time when trends in drug abuse, as reflected in national and state surveys, show a promising decline. It also is contradictory to at least one recent public opinion poll, in which respondents opposed the legalization of marijuana by a five-to-one margin. While their position is by no means unanimous, proponents of drug reform generally base their arguments on several key premises, such as elimination of or reductions in drug trafficking, enforcement, and interdiction expenditures; increased tax revenues from the legal sale of drugs; and reductions in health-care expenses associated with drug treatment. Reform advocates further claim that legalization would not be followed by an increase in drug use. The validity of each of these arguments is highly questionable. Legalization is a simplistic, short-sighted solution to a complex issue with public health, economic, criminal justice, and societal ramifications. Legalization would, moreover, abrogate the position taken in 1961 by the United States and 114 other nations in ratifying the United Nations Single Convention on Narcotic Drugs. The impact of drug reform merits an unbiased study by an independent agency. Until that time, pediatricians should inform themselves of the arguments for and against drug reform and be prepared to educate patients and their families about the issue.

  16. Uses of Extra-Legal Sources in "Amicus Curiae" Briefs Submitted in "Fisher v. University of Texas at Austin"

    Science.gov (United States)

    Marin, Patricia; Horn, Catherine L.; Miksch, Karen; Garces, Liliana M.; Yun, John T.

    2018-01-01

    As the political arena becomes increasingly polarized, the legal arena is playing a more important role in the creation of education policy in the United States. One critical stage in the legal process for such efforts is at briefing where "amici curiae," or friends-of-the-court, may introduce additional arguments for the court to…

  17. Law-based arguments and messages to advocate for later school start time policies in the United States.

    Science.gov (United States)

    Lee, Clark J; Nolan, Dennis M; Lockley, Steven W; Pattison, Brent

    2017-12-01

    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.

  18. The Problem of Evil: Theodicy and Argumentation

    Directory of Open Access Journals (Sweden)

    Shokhin Vladimir

    2016-09-01

    Full Text Available The paper departs from differing of two modalities of the attitude of the theistic reason to the problem of evil, i.e. building of universally valid explanatonary models (theodicy and apologies in the particular contexts (defense. The first one contradicts to the foundations of theistic world-view inasmuch as the biblical texts persuade one that causes of evil are particular and not universal and are far sometimes to be in the scope of a finite reason. In addition, logical problems with mutual correlation of the main theodicies are demonstrated. The modality of defense seems much more epistemically justified and actual, but here by no means all persuasive resources of controversy are used. The author suggests his own answers to some atheistic challenges, in the fi rst place unmasking double standards in the corresponding argumentation unavoidable for any wishful thinking and contraposes to the idea of multitude of gratuitous evils that of infinite profusion of undeserved boons.

  19. Language, Thought, and Culture: Views and Arguments

    Directory of Open Access Journals (Sweden)

    Keyvan Zahedi

    2009-07-01

    Full Text Available This study follows two aims: one to review some late views on the relations among language, thought, and culture; and the other, to offer a new strategy, in a novel model, based on last achievements in the minimalist approach. Studying views and arguments, three dichotomies are discussed: 1 the views which confirm the relation between culture and language in opposition to the views that deny this; 2 distinguishing the symmetry-procedural view and the transforming views of language; and 3 distinction among the social-communicational, and the biological-genetic motivations of language. The hypothesis for the novel strategy is that considering what the minimalist program has offered, especially from 2000 onwards, it is possible that language affects thought, while coding the and that culture affects language (which is called ethno-grammar . This is in addition to the biological-genetic base. From this point of view, language’s main function is neither to provide communication, nor to express thought, but to connect cognitive and socio-cultural terminals together.

  20. Opposition to legal abortion: challenges and questions.

    Science.gov (United States)

    Kissling, F

    1993-01-01

    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.

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

    Science.gov (United States)

    McReynolds-Pérez, Julia

    2017-11-08

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

  2. Renewable energies in the Brazilian legal system: a constitutional vision; As energias renovaveis no ordenamento juridico brasileiro: uma visao constitucional

    Energy Technology Data Exchange (ETDEWEB)

    Lanzillo, Anderson Souza da Silva; Xavier, Yanko Marcius de Alencar [Agencia Nacional do Petroleo, Gas Natural e Biocombustiveis (ANP), Brasilia, DF (Brazil). Programa de Recursos Humanos em Direito do Petroleo, Gas Natural e Biocombustiveis

    2009-08-15

    The focus of this article is the inclusion of renewable energy in Brazil under the legal institutional aspect from the Brazilian Constitution of 1988. The legal perspective, set up three central pillars of questions: what questions the renewable energy in Brazil put in the legal treatment of the theme? What constitutional legal instruments for the management of renewable energy? Which legal instruments that would be recommended, as policy instruments, for the inclusion of renewable energy in Brazil? With these questions, we will develop the argument of the text.

  3. Formalizing Implementable Constraints in the INTERLIS Language for Modelling Legal 3D RRR Spaces and 3D Physical Objects

    NARCIS (Netherlands)

    Kalogianni, Eftychia; Dimopoulou, Efi; Quak, C.W.; van Oosterom, P.J.M.; van Oosterom, P.J.M.; Dimopoulou, Efi; Fendel, Elfriede M.

    2016-01-01

    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

  4. Theoretical Proposal for Pragmatic-Rhetorical Analysis of Argument in the Tourist Guide

    Directory of Open Access Journals (Sweden)

    MSc. Iliana Rosabal-Pérez

    2015-10-01

    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.

  5. The acceptability of arguments in favour of and against the Iraq War

    Directory of Open Access Journals (Sweden)

    Juan LaLlave

    2005-10-01

    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

  6. Legal Approaches to Online Arbitration: Opportunities and Challenges in Indonesia

    OpenAIRE

    Fitrianingrum, Agustina; Shahrullah, Rina Shahriyani; Syarief, Elza

    2016-01-01

    Abstract Online arbitration is one of the mechanisms to settle business disputes. Using online arbitration in Indonesia is challenging because the Indonesian arbitration law (Law No.30 of 1999 concerning Arbitration and Alternative Dispute Resolution) does not specifcally deal with online arbitration. This research provides arguments and evidences that the relevant Indonesian national laws support the use of online arbitration. It adopts a normative legal research with a qualitative approa...

  7. Abortion legalized: challenges ahead.

    Science.gov (United States)

    Singh, M; Jha, R

    2007-01-01

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

  8. Argumentation Ethics and The Philosophy of Freedom

    Directory of Open Access Journals (Sweden)

    Frank van Dun

    2009-03-01

    Full Text Available When H.-H. Hoppe claimed (in A Theory of Socialism and Capitalism, 1989 that the principles of libertarianism were argumentatively irrefutable, both the logical coherence and the relevance of his “argument from argumentation” were criticized. While occasionally some of these criticisms still crop up, this paper defends Hoppe’s claim against them from the vantage point of the author’s own work (in Dutch on the ethics of dialogue in the nineteen-seventies. It presents a more detailed and systematic presentation of the “argument from argumentation” than Hoppe had need for in the particular context of his book. It makes a distinction between arguments about principles and arguments about particular cases in which these principles may be invoked; and between the normative validity (as a matter of principle of certain presumptions and the fact that in particular cases these presumptions hold only in principle and can be refuted by the evidence pertaining to the cases.

  9. The Social Nature of Argumentative Practices: The Philosophy of Argument and Audience Reception

    OpenAIRE

    Paula Olmos

    2018-01-01

    Abstract: This article reviews Christopher W. Tindale’s The Philosophy of Argument and Audience Reception (Cambridge, 2015). Résumé: Cet article est une critique de The Philosophy of Argument and Audience Reception (Cambridge, 2015) de Christopher W. Tindale.

  10. [Scientific evidence on the legalization of abortion in Mexico City].

    Science.gov (United States)

    Gayón-Vera, Eduardo

    2010-03-01

    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 (abortion". In the hospitals of the Mexican Institute of Social Security, maternal deaths as consequence of induced abortions were, approximately, three every year. The evidences used as arguments in favor of abortion come from studies performed in Sub-Saharan African countries, which do not apply to Mexico. The scientific evidences show that induced abortion has important psychological sequels in women, a higher frequency of illegal 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.

  11. Four arguments in favour of nuclear power

    International Nuclear Information System (INIS)

    Pearce, D.

    1994-01-01

    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)

  12. Whistleblowing: a legal commentary.

    Science.gov (United States)

    Cornock, Marc

    2011-10-01

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

  13. Multiculturalism and legal autonomy for cultural minorities

    Directory of Open Access Journals (Sweden)

    Morten Ebbe Juul Nielsen

    2013-11-01

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

  14. Others and Imagination in Reasoning and Argumentation: Improving our Critical Creative Capacity

    OpenAIRE

    Michael D. Baumtrog

    2017-01-01

    Contemporary argumentation theories highlight the importance of Others for contributing to and critiquing an individual’s reasoning and/or argumentation. Reasoners and arguers are encouraged to interact with imagined constructs such as a community of model interlocutors or universal audience. These model interlocutors are theoretically meant to bring to mind reasons and counter-considerations that may not have been conceived of otherwise so as to improve the overall quality of an instance of ...

  15. Arguments Whose Strength Depends on Continuous Variation

    Directory of Open Access Journals (Sweden)

    James Franklin

    2013-03-01

    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.

  16. Method to translate human feelings into arguments

    International Nuclear Information System (INIS)

    Hans, Arnold

    1995-01-01

    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

  17. Argumentative Polylogues: Beyond Dialectical Understanding of Fallacies

    Directory of Open Access Journals (Sweden)

    Lewiński Marcin

    2014-03-01

    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.

  18. Argumentative Bluff in Eristic Discussion : An Analysis and Evaluation

    NARCIS (Netherlands)

    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

  19. Strategic Use of Multiple Texts for the Evaluation of Arguments

    Science.gov (United States)

    Kobayashi, Keiichi

    2010-01-01

    Two experiments were conducted to examine whether students use arguments with refutation in one text for evaluating the opposite arguments without refutation in another text. Undergraduate students read two conflicting texts in either of the two orders: pro arguments text first and con arguments text first. After reading each text, they evaluated…

  20. Clad Degradation - FEPs Screening Arguments

    International Nuclear Information System (INIS)

    E. Siegmann

    2004-01-01

    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])

  1. Advancing Competencies in Argumentation at Schools using the Example of "Culture-Environment Interaction"

    Science.gov (United States)

    Budke, A.; Schaebitz, F.; Dittrich, S.

    2016-12-01

    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.

  2. From Reified Abstractions to Situated Contexts: Feminist Jurisprudence, Paradigm Shift and Legal Change

    OpenAIRE

    Petoussi, Vassiliki Jr.

    1998-01-01

    This study addresses the extent to which feminist jurisprudence literature has developed the potential to initiate a legal paradigm shift leading to legal and consequent social change that would alleviate gender inequality. Drawing upon Kuhn's (1970) and Stacey and Thorne's (1985) arguments, I theorized that for a paradigm shift centered upon women and women's experiences to occur, feminist jurisprudence, particularly second- and third-phase feminist jurisprudence, needs to be incorporated i...

  3. Human genome education model project. Ethical, legal, and social implications of the human genome project: Education of interdisciplinary professionals

    Energy Technology Data Exchange (ETDEWEB)

    Weiss, J.O. [Alliance of Genetic Support Groups, Chevy Chase, MD (United States); Lapham, E.V. [Georgetown Univ., Washington, DC (United States). Child Development Center

    1996-12-31

    This meeting was held June 10, 1996 at Georgetown University. The purpose of this meeting was to provide a multidisciplinary forum for exchange of state-of-the-art information on the human genome education model. Topics of discussion include the following: psychosocial issues; ethical issues for professionals; legislative issues and update; and education issues.

  4. Legal nature of affatomia

    Directory of Open Access Journals (Sweden)

    Stanković Miloš

    2015-01-01

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

  5. Enhancing and Evaluating Scientific Argumentation in the Inquiryoriented College Chemistry Classroom

    Science.gov (United States)

    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

  6. Graphical Argument in the Essayist Prose of the Pesquisa FAPESP Journal

    Directory of Open Access Journals (Sweden)

    Irene Machado

    2016-03-01

    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.

  7. Det demokratiske argument for absolut ytringsfrihed

    DEFF Research Database (Denmark)

    Lægaard, Sune

    2014-01-01

    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 hvorfor...

  8. Online Moderation of Synchronous E-Argumentation

    Science.gov (United States)

    Asterhan, Christa S. C.; Schwarz, Baruch B.

    2010-01-01

    In this paper, we present findings on moderation of synchronous, small-group argumentation in blended, co-located learning environments. Drawing on findings from the literature on human facilitation of dialogue in face-to-face settings, we first elaborate on the potential promise of this new practice. However, little is known about what…

  9. Communication of geo-scientific safety arguments

    International Nuclear Information System (INIS)

    Flavelle, P.; Goodwin, B.; Jensen, M.; Linden, R.; Mazurek, M.; Srivastave, M.; Strom, A.; Sudicky, E.; Voinis, S.

    2007-01-01

    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)

  10. Rowe's Argument from Improvability | Almeida | Philosophical Papers

    African Journals Online (AJOL)

    William Rowe has argued that if there is an infinite sequence of improving worlds then an essentially perfectly good being must actualize some world in the sequence and must not actualize any world in the sequence. Since that is impossible, there exist no perfectly good beings. I show that Rowe's argument assumes that ...

  11. Design as Value Celebration: Rethinking Design Argumentation

    DEFF Research Database (Denmark)

    Halstrøm, Per Liljenberg

    2016-01-01

    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...

  12. Argumentative Strategies in American and Japanese English.

    Science.gov (United States)

    Kamimura, Taeko; Oi, Kyoko

    1998-01-01

    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…

  13. The simplest formal argument for fitness optimization

    Indian Academy of Sciences (India)

    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 ...

  14. Contesting Pornography: Terministic Catharsis and Definitional Argument.

    Science.gov (United States)

    Palczewski, Catherine Helen

    2001-01-01

    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,…

  15. The Legal Nature of Informed Consent from the Perspective of the Spanish and Brasilian Models of Patient Protection

    Directory of Open Access Journals (Sweden)

    Éfren Paulo Porfirio de Sá Lima

    2017-07-01

    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.

  16. AUTHORIAL VOICE IN ISLAMIC COLLEGE ENGLISH DEPARTMENT STUDENTS’ ARGUMENTATIVE WRITING

    Directory of Open Access Journals (Sweden)

    Nur Afifi

    2014-11-01

    Full Text Available While considered elusive and abstract, authorial voice is paramount in English writing. Unfortunately, many of Indonesian EFL learners found it is highly challeging to show their voice in their writing. The importance of voice is even exaggerated in argumentative writing, since this kind of writing needs obvious stance of the writer. This study investigates the authorial voice students made in their argumentative writing. The purpose of this study is to gain the picture of students‟ writing ability especially in authorial voice to map the road in guiding the next writing classes. The object of the study is the argumentative writing made by English department students at one Indonesian State College of Islamic Studies in their writing III course. Using Hyland‟s interactional model of voice (2008 the data analysis results the authorial presence in the essays is in position 2 at 0 – 4 scale which means the reader feels somehow weak presence of the authorial voice in the essay. This result confirms the findings of some previous studies that EFL learners especially from „interdependent‟ cultural background tend to find this authorial voice difficult in writing English essay.

  17. UN legal advisers meet

    International Nuclear Information System (INIS)

    1969-01-01

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

  18. Legal highs - legal aspects and legislative solutions.

    Science.gov (United States)

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

    2011-01-01

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

  19. Non-faith-based arguments against physician-assisted suicide and euthanasia.

    Science.gov (United States)

    Sulmasy, Daniel P; Travaline, John M; Mitchell, Louise A; Ely, E Wesley

    2016-08-01

    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.

  20. Peacetime Reprisals Under Article 51: An Argument for Legal Legitimacy in Cases of Terrorism

    Science.gov (United States)

    1997-04-01

    legitimize virtually any international use of force under the law, it is more difficult to justify the morality of an action under the application of...lawlessness and barbarism." 149 SIR PAUL VINOGRADOFF, HISTORICAL TYPES OF INTERNATIONAL LAW, IN 1 BIBLIOTECA ViSSERIANA DiSSERTATIONUM Ius... virtually unchallenged, there is basis in state practice for giving Article 51 a broader interpretation, or possibly for the further development of customary

  1. Evaluating arguments during instigations of defence motivation and accuracy motivation.

    Science.gov (United States)

    Liu, Cheng-Hong

    2017-05-01

    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.

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

    Directory of Open Access Journals (Sweden)

    Petrušić Nevena

    2017-01-01

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

  3. Legal capacity of persons with disabilities in Ethiopia: The need to reform existing legal frameworks.

    Science.gov (United States)

    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.

  4. Targeted killing with drones? Old arguments, new technologies

    Directory of Open Access Journals (Sweden)

    Meisels Tamar

    2018-01-01

    Full Text Available The question of how to contend with terrorism in keeping with our preexisting moral and legal commitments now challenges Europe as well as Israel and the United States: how do we apply Just War Theory and International Law to asymmetrical warfare, specifically to our counter terrorism measures? What can the classic moral argument in Just and Unjust Wars teach us about contemporary targeted killings with drones? I begin with a defense of targeted killing, arguing for the advantages of pin pointed attacks over any alternative measure available for combatting terrorism. Assuming the legitimacy of killing combatants in wartime, I argue, there is nothing wrong, and in fact much that is right, with targeting particular terrorists selected by name, as long as their assassinations can be reasonably expected to reduce terrorist hostilities rather than increase it. Subsequently, I offer some further thoughts and comments on the use of remotely piloted aircrafts to carry out targeted killings, and address the various sources for discomfort with this practice identified by Michael Walzer and others.

  5. Conductive Arguments: Why is This Still a Thing?

    Directory of Open Access Journals (Sweden)

    Kevin Possin

    2016-12-01

    Full Text Available Conductive arguments, as a separate category of reasoning, has experienced a revival.  In 2010, the University of Windsor’s Centre for Research in Reasoning, Argumentation, and Rhetoric dedicated a two-day symposium to the topic and later published the proceedings.  In this article, I argue against the existence of conductive arguments as a usefully distinct type of argument.  Some of what are deemed conductive arguments are simply inductive arguments and some are best construed as subsets of the constituents of what is commonly called a position paper.

  6. Verbal directionality and argument alternation in Dinka

    DEFF Research Database (Denmark)

    Andersen, Torben

    2012-01-01

    The derivational morphology of verbs in Dinka includes a distinction between direction towards the deictic center (centripetal) and a direction not towards the deictic center (centrifugal). A goal adverbial requires a directional verb, and an object of such a verb refers to something that moves t...... of a simple verb may correspond to, respectively, a goal adverbial and an object of the directional verb. Another type of argument alternation results from the possibility of expressing a goal as an object of an applicative verb with an intransitive or transitive base.......(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...

  7. Argumentation: A Methodology to Facilitate Critical Thinking.

    Science.gov (United States)

    Makhene, Agnes

    2017-06-20

    Caring is a difficult nursing activity that involves a complex nature of a human being in need of complex decision-making and problem solving through the critical thinking process. It is mandatory that critical thinking is facilitated in general and in nursing education particularly in order to render care in diverse multicultural patient care settings. This paper aims to describe how argumentation can be used to facilitate critical thinking in learners. A qualitative, exploratory and descriptive design that is contextual was used. Purposive sampling method was used to draw a sample and Miles and Huberman methodology of qualitative analysis was used to analyse data. Lincoln and Guba's strategies were employed to ensure trustworthiness, while Dhai and McQuoid-Mason's principles of ethical consideration were used. Following data analysis the findings were integrated within literature which culminated into the formulation of guidelines that can be followed when using argumentation as a methodology to facilitate critical thinking.

  8. Kant's Transcendental Arguments as Conceptual Proofs | Stapleford ...

    African Journals Online (AJOL)

    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,” ...

  9. The Argument for Same-Sex Marriage

    OpenAIRE

    Widiss, Deborah; Tebbe, Nelson; Gilreath, Shannon

    2018-01-01

    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...

  10. Commission on Legal Matters

    CERN Multimedia

    Staff Association

    2016-01-01

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

  11. Minimally legally invasive dentistry.

    Science.gov (United States)

    Lam, R

    2014-12-01

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

  12. Euthanasia: Some Legal Considerations

    Science.gov (United States)

    Koza, Pamela

    1976-01-01

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

  13. Defeasibility in Legal Reasoning

    OpenAIRE

    SARTOR, Giovanni

    2009-01-01

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

  14. Documents and legal texts

    International Nuclear Information System (INIS)

    2017-01-01

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

  15. The exploitation argument against commercial surrogacy.

    Science.gov (United States)

    Wilkinson, Stephen

    2003-04-01

    This paper discusses the exploitation argument against commercial surrogacy: the claim that commercial surrogacy is morally objectionable because it is exploitative. The following questions are addressed. First, what exactly does the exploitation argument amount to? Second, is commercial surrogacy in fact exploitative? Third, if it were exploitative, would this provide a sufficient reason to prohibit (or otherwise legislatively discourage) it? The focus throughout is on the exploitation of paid surrogates, although it is noted that other parties (e.g. 'commissioning parents') may also be the victims of exploitation. It is argued that there are good reasons for believing that commercial surrogacy is often exploitative. However, even if we accept this, the exploitation argument for prohibiting (or otherwise legislatively discouraging) commercial surrogacy remains quite weak. One reason for this is that prohibition may well 'backfire' and lead to potential surrogates having to do other things that are more exploitative and/or more harmful than paid surrogacy. It is concluded therefore that those who oppose exploitation should (rather than attempting to stop particular practices like commercial surrogacy) concentrate on: (a) improving the conditions under which paid surrogates 'work'; and (b) changing the background conditions (in particular, the unequal distribution of power and wealth) which generate exploitative relationships.

  16. Construction of Argumentative Discourse in Foucaltian Perspective

    Directory of Open Access Journals (Sweden)

    Isabel Cristina Michelan de Azevedo

    2016-12-01

    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 [1969], 2004 [1971] 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.

  17. Strategies and arguments of ergonomic design for sustainability.

    Science.gov (United States)

    Marano, Antonio; Di Bucchianico, Giuseppe; Rossi, Emilio

    2012-01-01

    Referring to the discussion recently promoted by the Sub-Technical Committee n°4 "Ergonomics and design for sustainability", in this paper will be shown the early results of a theoretical and methodological study on Ergonomic design for sustainability. In particular, the research is based on the comparison between the common thematic structure characterizing Ergonomics, with the principles of Sustainable Development and with criteria adopted from other disciplines already oriented toward Sustainability. The paper identifies an early logical-interpretative model and describes possible and relevant Strategies of Ergonomic design for sustainability, which are connected in a series of specific Sustainable Arguments.

  18. Predicting Immediate Belief Change and Adherence to Argument Claims.

    Science.gov (United States)

    Hample, Dale

    1978-01-01

    Discusses the probative potential of evidence in argument, and evaluates the importance of evidence in predicting belief change. Predicts adherence to argument claims and confirms the traditionally recognized importance of evidence to persuasion. (JMF)

  19. Argumentative Bluff in Eristic Discussion: An Analysis and Evaluation

    OpenAIRE

    van Laar, Jan Albert

    2010-01-01

    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...

  20. The role of law as an instrument of communication within legal positivism

    OpenAIRE

    Claudiu Ramon D. Butculescu

    2015-01-01

    This article tackles some aspects concerning the role of law as an instrument of communication from the perspective of legal positivism. The paper presents considerations regarding law communication in relation to legal positivism and scientific positivism. At the same time, the article examines the correlations between the legal communication models and the various inclinations developed under legal positivism. Both within legal positivism and the scientific positivism, the role of law as a ...

  1. The Legalization of Higher Education

    Science.gov (United States)

    Badke, Lara K.

    2017-01-01

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

  2. Calibrating Legal Judgments

    Directory of Open Access Journals (Sweden)

    Frederick Schauer

    2017-09-01

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

  3. Labour law and communitarian legal standards

    Directory of Open Access Journals (Sweden)

    Jašarević Senad

    2014-01-01

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

  4. Toulmin's argument pattern as a "horizon of possibilities" in the study of argumentation in science education

    Science.gov (United States)

    Erduran, Sibel

    2018-01-01

    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.

  5. Kunnen wij elke machine verslaan? Beschouwingen rondom Lucas’ argument

    NARCIS (Netherlands)

    Visser, A.

    1986-01-01

    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

  6. That’s No Argument! The Ultimate Criticism?

    NARCIS (Netherlands)

    Krabbe, Erik C. W.; van Laar, Jan Albert; Garssen, Bart J.; Godden, David; Mitchell, Gordon; Snoeck Henkemans, A. Francisca

    What if in discussion the critic refuses to recognize an emotionally expressed (alleged) argument of her interlocutor as an argument? In this paper, we shall deal with this reproach, which taken literally amounts to a charge of having committed a fallacy of non-argumentation. As such it is a very

  7. Institutional Boundaries on the Evaluation of Argumentation in Legislative Discussions

    NARCIS (Netherlands)

    Plug, H.J.

    2010-01-01

    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

  8. The Optimum Level of Argumentativeness for Employed Women.

    Science.gov (United States)

    Schullery, Nancy M.

    1998-01-01

    Examines the relationship between argumentativeness and women's supervisory level in organizations. Finds no simple relationship between supervisory level and argumentativeness for women, but indicates that moderation in argumentativeness increases with supervisory level. Notes implications for pedagogy: would-be female executives should be…

  9. Extension-based semantics of argumentation frameworks for agent interactions

    NARCIS (Netherlands)

    Gratie, C.

    2012-01-01

    Argumentation plays an important part in human interaction, whether it is used for persuasion, negotiation or simply for sharing one's point of view on a certain topic. Even at the abstract level, choosing the acceptable arguments from a given set of conflicting arguments is a challenging problem,

  10. Starkweather and Smith: Using "Contact Zones" to Teach Argument.

    Science.gov (United States)

    Schutt, Robin Muksian

    1998-01-01

    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…

  11. Reasoning by Argumentation. Social Studies Learning Milestone 4.

    Science.gov (United States)

    Voss, James F.

    This paper is concerned with the importance of argumentation in the classroom, especially in relation to the social sciences. Issues of argument and argument evaluation are considered. The paper analyzes the nature of such reasoning and indicates its importance in subject matter learning. Three situations are described in the paper in which…

  12. Reconciling Educational Adequacy and Equity Arguments through a Rawlsian Lens

    Science.gov (United States)

    Pijanowski, John

    2015-01-01

    A theory of educational opportunity that combines adequacy and equity arguments is informed by examining two popular philosophies of resource distribution. Amy Gutmann's democratic threshold theory provides an adequacy argument that mirrors in several ways arguments that have held favor in educational policy. Similarly, the distributive justice…

  13. The Impact of Argumentativeness on Resistance to Persuasion.

    Science.gov (United States)

    Kazoleas, Dean

    1993-01-01

    Examines the impact of argumentativeness on cognitive responses and attitude change of undergraduate college students. Finds that argumentative individuals generate greater numbers of counterarguments and are more resistant to persuasion. Indicates that attitude change for the highly argumentative individual is a function of both positive and…

  14. Accounting Standards and Legal Capital in EU Law

    Directory of Open Access Journals (Sweden)

    Loukas Panetsos

    2016-09-01

    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.

  15. Legal considerations for urban underground space development in Malaysia

    Directory of Open Access Journals (Sweden)

    F. Zaini

    2017-12-01

    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

  16. The Economic Effects of Providing Legal Status to DREAMers

    OpenAIRE

    Ortega, Francesc; Edwards, Ryan; Hsin, Amy

    2018-01-01

    This study quantifies the economic effects of two major immigration reforms aimed at legalizing undocumented individuals that entered the United States as children and completed high school: Deferred Action for Childhood Arrivals (DACA) and the DREAM Act. The former offers only temporary legal status to eligible individuals; the latter provides a track to legal permanent residence. Our analysis is based on a general-equilibrium model that allows for shifts in participation between work, colle...

  17. Did Legalized Abortion Lower Crime?

    Science.gov (United States)

    Joyce, Ted

    2004-01-01

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

  18. Legal Institutions and Economic Development

    NARCIS (Netherlands)

    Beck, T.H.L.

    2010-01-01

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

  19. Analysis - what is legal medicine?

    Science.gov (United States)

    Beran, Roy G

    2008-04-01

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

  20. Photovoltaic facilities, legal guidebook

    International Nuclear Information System (INIS)

    Maincent, G.

    2011-01-01

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

  1. Collaborative Legal Pluralism

    Directory of Open Access Journals (Sweden)

    Wim Decock

    2017-01-01

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

  2. [Evaluation of arguments in research reports].

    Science.gov (United States)

    Botes, A

    1999-06-01

    Some authors on research methodology are of opinion that research reports are based on the logic of reasoning and that such reports communicate with the reader by presenting logical, coherent arguments (Böhme, 1975:206; Mouton, 1996:69). This view implies that researchers draw specific conclusions and that such conclusions are justified by way of reasoning (Doppelt, 1998:105; Giere, 1984:26; Harre, 1965:11; Leherer & Wagner, 1983 & Pitt, 1988:7). The structure of a research report thus consists mainly of conclusions and reasons for such conclusions (Booth, Colomb & Williams, 1995:97). From this it appears that justification by means of reasoning is a standard procedure in research and research reports. Despite the fact that the logic of research is based on reasoning, that the justification of research findings by way of reasoning appears to be standard procedure and that the structure of a research report comprises arguments, the evaluation or assessment of research, as described in most textbooks on research methodology (Burns & Grove, 1993:647; Creswell, 1994:193; LoBiondo-Wood & Haber, 1994:441/481) does not focus on the arguments of research. The evaluation criteria for research reports which are set in these textbooks are related to the way in which the research process is carried out and focus on the measures for internal, external, theoretical, measurement and inferential validity. This means that criteria for the evaluation of research are comprehensive and they should be very specific in respect of each type of research (for example quantitative or qualitative). When the evaluation of research reports is focused on arguments and logic, there could probably be one set of universal standards against which all types of human science research reports can be assessed. Such a universal set of standards could possibly simplify the evaluation of research reports in the human sciences since they can be used to assess all the critical aspects of research reports

  3. New Markov-Shannon Entropy models to assess connectivity quality in complex networks: from molecular to cellular pathway, Parasite-Host, Neural, Industry, and Legal-Social networks.

    Science.gov (United States)

    Riera-Fernández, Pablo; Munteanu, Cristian R; Escobar, Manuel; Prado-Prado, Francisco; Martín-Romalde, Raquel; Pereira, David; Villalba, Karen; Duardo-Sánchez, Aliuska; González-Díaz, Humberto

    2012-01-21

    : 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.

  4. Legal consequences of kleptomania.

    Science.gov (United States)

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

    2009-12-01

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

  5. The argumentative impact of causal relations

    DEFF Research Database (Denmark)

    Nielsen, Anne Ellerup

    1996-01-01

    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.......The semantic relations between and within utterances are marked by the use of connectors and adverbials. One type of semantic relations is causal relations expressed by causal markers such as because, therefore, so, for, etc. Some of these markers cover different types of causal relations...

  6. Mediating argumentative deconstruction of advertising discourses

    DEFF Research Database (Denmark)

    Maier, Carmen Daniela

    exposes how the advertising discourse of various companies is articulated when promoting well known products and services in their commercials. The original advertising discourse is deconstructed and reconstructed with additional visual material in front of the viewers' eyes who are instructed by a voice......-over narrator what to look at and how to identify and decode the persuasive strategies employed. The present multimodal analysis focuses on the characteristic features of these Media Bites argumentative discourses that challenge the legitimacy of the original advertising discourses. Looking specifically...... the deceptive advertising messages.    ...

  7. Economic and ethical arguments inglobal climate policy

    International Nuclear Information System (INIS)

    Kaergaard, Niels

    1998-01-01

    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

  8. The biased use of argument evaluation criteria in motivated reasoning; Does argument quality depend on the evaluators' standpoint?

    NARCIS (Netherlands)

    Hoeken, J.A.L.; Van Vugt, M.

    2016-01-01

    People without a background in argumentation theory possess several criteria to distinguish strong from weak arguments. The fact that people have these criteria does not imply that they will use them to objectively assess the quality of an argument. Research on motivated reasoning suggests that

  9. Comment repenser le rapport de la rhétorique et de l’argumentation ? How should we consider the relationship between rhetoric and argumentation?

    Directory of Open Access Journals (Sweden)

    Michel Meyer

    2009-04-01

    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.

  10. [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].

    Science.gov (United States)

    Roberti, Giovanni; Fiore, Rosalia; Franco, Claudia; Pimpinella, Giovanni; Piscioneri, Patrizia

    2010-01-01

    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.

  11. Scaring the Public: Fear Appeal Arguments in Public Health Reasoning

    Directory of Open Access Journals (Sweden)

    Louise Cummings

    2012-03-01

    Full Text Available The study of threat and fear appeal arguments has given rise to a sizeable literature. Even within a public health context, much is now known about how these arguments work to gain the public’s compliance with health recommendations. Notwithstanding this level of interest in, and examination of, these arguments, there is one aspect of these arguments that still remains unexplored. That aspect concerns the heuristic function of these arguments within our thinking about public health problems. Specifically, it is argued that threat and fear appeal arguments serve as valuable shortcuts in our reasoning, particularly when that reasoning is subject to biases that are likely to diminish the effectiveness of public health messages. To this extent, they are rationally warranted argument forms rather than fallacies, as has been their dominant characterization in logic.

  12. Argumentation in the Chemistry Laboratory: Inquiry and Confirmatory Experiments

    Science.gov (United States)

    Katchevich, Dvora; Hofstein, Avi; Mamlok-Naaman, Rachel

    2013-02-01

    One of the goals of science education is to provide students with the ability to construct arguments—reasoning and thinking critically in a scientific context. Over the years, many studies have been conducted on constructing arguments in science teaching, but only few of them have dealt with studying argumentation in the laboratory. Our research focuses on the process in which students construct arguments in the chemistry laboratory while conducting various types of experiments. It was found that inquiry experiments have the potential to serve as an effective platform for formulating arguments, owing to the features of this learning environment. The discourse during inquiry-type experiments was found to be rich in arguments, whereas that during confirmatory-type experiments was found to be sparse in arguments. The arguments, which were developed during the discourse of an open inquiry experiment, focus on the hypothesis-building stage, analysis of the results, and drawing appropriate conclusions.

  13. [Textual pragmatics in adolescents with attention deficit hyperactivity disorder: argument].

    Science.gov (United States)

    Gallardo-Paúls, B; Gimeno-Martínez, M; Moreno-Campos, V

    2010-03-03

    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.

  14. 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

    Energy Technology Data Exchange (ETDEWEB)

    Schaffner, B.; Cattin, R. [Meteotest, Berne (Switzerland)

    2005-07-01

    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.

  15. Abortion, metaphysics and morality: a review of Francis Beckwith's defending life: a moral and legal case against abortion choice.

    Science.gov (United States)

    Nobis, Nathan

    2011-06-01

    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.

  16. Evaluating the American Nurses Association's arguments against nurse participation in assisted suicide.

    Science.gov (United States)

    Vogelstein, Eric

    2017-01-01

    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.

  17. International Law as an Argumentative Practice: On Wohlrapp’s Concept of Argument

    NARCIS (Netherlands)

    Venzke, I.

    2016-01-01

    It has become a commonplace to view international law as an argumentative practice. This commonplace, it is argued, clouds strong differences that re-emerge with closer scrutiny. What, specifically, is the place of reason, rhetoric or violence in the practice of arguing? The present article explores

  18. Risk and Argument: A Risk-based Argumentation Method for Practical Security

    NARCIS (Netherlands)

    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. [1] showed structured argumentation could deal

  19. Argument-Counterargument Structure in Indonesian EFL Learners' English Argumentative Essays: A Dialogic Concept of Writing

    Science.gov (United States)

    Rusfandi

    2015-01-01

    This study investigates the potential use of the argument-counterargument structure in English L2 essays written by Indonesian EFL learners. It examines whether L2 proficiency affects the use of opposing views in their essays, and measures whether there is a correlation between the use of the rhetorical structure and the participants' overall…

  20. Argudas: lessons for argumentation in biology based on a gene expression use case.

    Science.gov (United States)

    McLeod, Kenneth; Ferguson, Gus; Burger, Albert

    2012-01-25

    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.

  1. Argumentation in mathematics: mediation by means of digital interactive storytelling

    Directory of Open Access Journals (Sweden)

    Giovannina Albano

    2016-04-01

    Full Text Available This work is framed in a wider research aimed at outlining an online interactive platform model organizing mathematical learning activities based on a Vygotskian approach. This paper reports on a pilot study concerning a first implementation of a mathematical Learning Activity, as part of an interactive digital storytelling in mathematics, aiming at developing students’ argumentative competences. We present the outcomes of the protocols’ analysis and discuss them with respect two main points: the production of arguments for supporting of the solution to a question and the different functioning of the device according to the student’s attitude with respect to the story and the team work. L’argomentazione in matematica: la mediazione attraverso il digital interactive storytellingQuesto lavoro è inserito in una ricerca più ampia volta a realizzare un modello di piattaforma interattiva online che implementi Learning Activity in matematica basate su un approccio vygotskiano. Questo articolo riporta uno studio pilota riguardante una prima implementazione di un task matematico, come parte di un digital storytelling interattivo in matematica, che mira a sviluppare competenze argomentative negli studenti. Presentiamo i risultati delle analisi dei protocolli e li discutiamo rispetto a due punti principali: sviluppo nella produzione di argomentazioni a supporto della risoluzione ad un quesito e diverso funzionamento del dispositivo a seconda dell’atteggiamento dello studente rispetto alla storia e al lavoro di gruppo.

  2. Combining conceptual graphs and argumentation for aiding in the teleexpertise.

    Science.gov (United States)

    Doumbouya, Mamadou Bilo; Kamsu-Foguem, Bernard; Kenfack, Hugues; Foguem, Clovis

    2015-08-01

    Current medical information systems are too complex to be meaningfully exploited. Hence there is a need to develop new strategies for maximising the exploitation of medical data to the benefit of medical professionals. It is against this backdrop that we want to propose a tangible contribution by providing a tool which combines conceptual graphs and Dung׳s argumentation system in order to assist medical professionals in their decision making process. The proposed tool allows medical professionals to easily manipulate and visualise queries and answers for making decisions during the practice of teleexpertise. The knowledge modelling is made using an open application programming interface (API) called CoGui, which offers the means for building structured knowledge bases with the dedicated functionalities of graph-based reasoning via retrieved data from different institutions (hospitals, national security centre, and nursing homes). The tool that we have described in this study supports a formal traceable structure of the reasoning with acceptable arguments to elucidate some ethical problems that occur very often in the telemedicine domain. Copyright © 2015 Elsevier Ltd. All rights reserved.

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

    Directory of Open Access Journals (Sweden)

    T du Plessis

    2008-12-01

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

  4. Legal aspects of teleradiology

    International Nuclear Information System (INIS)

    Ulsenheimer, K.; Heinemann, N.

    1997-01-01

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

  5. Legal Assistance Guide: Wills

    Science.gov (United States)

    1990-09-01

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

  6. Legal and institutional issues

    International Nuclear Information System (INIS)

    Anon.

    1991-01-01

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

  7. Documents and legal texts

    International Nuclear Information System (INIS)

    2016-01-01

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

  8. The Role of Persuasive Arguments in Changing Affirmative Action Attitudes and Expressed Behavior in Higher Education

    Science.gov (United States)

    White, Fiona A.; Charles, Margaret A.; Nelson, Jacqueline K.

    2008-01-01

    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…

  9. Legal questions of indemnification after revocation of nuclear operating licenses

    International Nuclear Information System (INIS)

    Schoch, F.

    1990-01-01

    The contribution presents the 'Model of possessory rights in nuclear law' and deals with the legal framework and the system of legal and economic protection of possession. The chapter 'Questions of indemnification' portrays the liability to compensate and the exemption from compensation. (RST) [de

  10. FUZZY LOGIC IN LEGAL EDUCATION

    Directory of Open Access Journals (Sweden)

    Z. Gonul BALKIR

    2011-04-01

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

  11. Definition of the Situation of Children Demobilized Illegal Armed Groups in the Legal Acts and Psychoeducational Effects

    Directory of Open Access Journals (Sweden)

    Jaime Alberto Carmona Parra

    2014-06-01

    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.

  12. Caspian energy and legal disputes: prospects for settlement

    Energy Technology Data Exchange (ETDEWEB)

    Ogutcu, Mehmet

    2003-07-01

    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)

  13. Caspian energy and legal disputes: prospects for settlement

    International Nuclear Information System (INIS)

    Ogutcu, Mehmet

    2003-01-01

    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)

  14. "Overcrowding the Profession" – an Artificial Argument?

    Directory of Open Access Journals (Sweden)

    Eyal Katvan

    2013-07-01

    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.

  15. Weaponisation of Space - Some Legal Considerations

    Science.gov (United States)

    Jolly, C.

    2002-01-01

    , negation of adversarial use of space and a fully-capable National Missile Defense (NMD). [American] ICBMs will continue to provide a credible strategic deterrence, while advanced, conventional weapons operating in or through space will provide our National Command Authorities (NCA) with formidable and flexible options for prompt, global, conventional strike." As we will see in this paper, the current international legal framework restricting the stationing and use of weapons in space is composed mainly of three treaties. They are: the Treaty between the United States of America and the Union of Soviet Socialist Republics on the Limitation of Anti-Ballistic Missile Systems (1972), called commonly the `ABM treaty', the `Outer Space Treaty' (1967) and the Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and Under Water (1963). We will also see that - contrary to public opinion - those current legal instruments, even coupled with other international legal texts, do not prohibit the `weaponisation' of space. For instance, The Article Four of the Outer Space Treaty is often cited as the main legal argument against militarisation of space. This article does indeed prohibit the installation or stationing of "any objects carrying nuclear weapons or any other kinds of weapons of mass destruction", "in orbit around the Earth", "on celestial bodies", "in outer space" and "in any other manner". But, aside from the weapons identified (nuclear weapons and weapons of mass destruction), nothing prohibits a government signatory to the Outer Space Treaty, to actually station other types of weapons in space, such as laser-based systems. In this paper, the current situation of potential `weaponisation' of space, the international impacts of such a policy and the gaps of the international legal framework concerning the militarisation of space, will prompt some comments and practical recommendations.

  16. [Abortion: towards worldwide legalization].

    Science.gov (United States)

    1998-09-01

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

  17. Irony as a Communicative and Argumentative Strategy

    Directory of Open Access Journals (Sweden)

    Ida Lucia Machado

    2014-06-01

    Full Text Available This article draws upon the polyphonic theory of Bakhtin (1970a, 1970b as well as certain concepts utilized by Ducrot (1984, showing, in the field of a theory of discourse analysis — in this case, Charaudeau’s semiolinguistics (1983, 1992, 2008 — some procedures which lead to the construction of irony. The study takes into account that this linguistic phenomenon appears as a means of communication susceptible to the creation of argumentative strategies even if the latter are not presented in a non-conventional way. To illustrate this, the study uses, as a basis for reflection, excerpts from the memoirs or life narrative of a French artist whose form of writing, according to Bakhtin (1970b, may fall into the category of Carnival literature.

  18. An Argument for Design Space Reflection

    DEFF Research Database (Denmark)

    Dove, Graham; Halskov, Kim; Hansen, Nicolai Brodersen

    2016-01-01

    We argue that documenting, revisiting and reflecting on the design space of a project provides three important benefits. First it increases our awareness of the constraints introduced by particular design choices. Second, this qualifies our understanding of the way a design space has been filtered...... by design activities. Third we are prompted to challenge these constraints and reconsider disregarded opportunities. To support this argument, we revisit key activities from two projects in our interaction design lab’s portfolio, selected because of the detailed documentation available. We also introduce...... SnapShot, the web-based tool we are developing for this method of design space reflection. Based on these examples, we present a critical discussion and outline areas of future research....

  19. Tides, torques and the timing argument

    International Nuclear Information System (INIS)

    Raychaudhury, S.; Lynden-Bell, D.

    1989-01-01

    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)

  20. The multimodal argumentation of persuasive counter discourses

    DEFF Research Database (Denmark)

    Maier, Carmen Daniela

    The continuous interest in and concern with business communication can be detected in the way critical aspects of this kind of communication are represented and debated in a wide range of discourses in a wide range of contexts. Drawing upon a social semiotic perspective, this paper explores...... the persuasive counter discourse of Media Bites videos: http://griid.org/category/media-bites/. The videos are a part of GRIID organization’s efforts directed at revealing misleading communicative strategies employed in various business contexts. In these instructive videos, the viewers are made familiar...... the misleading strategies employed. The viewers are also instructed where else they can find information about these strategies and the consequences of misleading advertising discourse. The argumentation framework of the Media Bites videos is also persuasively articulated for engaging the viewers as active...

  1. Political and Policy Arguments for Integrated Data

    Directory of Open Access Journals (Sweden)

    Adalsteinn D Brown

    2017-04-01

    Our analysis suggests several key issues around successful integrated data policy and politics that support the importance of strong leadership, an incremental approach to institution building that focuses on public benefits, strongly alignment to missions that are congruent with societal values, and stronger attention to effective and rapid implementation of policy. In addition to the cases studied here, the success of smaller sub-national (e.g. state or provincial efforts suggests that smaller efforts tend to work better although their success may not receive the attention that could support larger efforts to integrate data on the national level. Further work should focus chiefly on the extension of these arguments to non-health sectors to realize the full value of integrated data.

  2. Others and Imagination in Reasoning and Argumentation: Improving our Critical Creative Capacity

    Directory of Open Access Journals (Sweden)

    Michael D. Baumtrog

    2017-06-01

    Full Text Available Contemporary argumentation theories highlight the importance of Others for contributing to and critiquing an individual’s reasoning and/or argumentation. Reasoners and arguers are encouraged to interact with imagined constructs such as a community of model interlocutors or universal audience. These model interlocutors are theoretically meant to bring to mind reasons and counter-considerations that may not have been conceived of otherwise so as to improve the overall quality of an instance of reasoning or argumentation. Overlooked, however, is the impact of differing individual’s imaginative abilities. This paper argues that more important than relying on an Other, real or imagined, reasoners and arguers would do just as well to improve their own creative abilities first. Consulting a real or imagined Other may help in some cases help, but such a strong reliance on Others comes with serious limitations.

  3. The Use of Conceptual Change Text toward Students’ Argumentation Skills in Learning Sound

    Science.gov (United States)

    Sari, B. P.; Feranie, S.; Winarno, N.

    2017-09-01

    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.

  4. Two conceptions of legal principles

    Directory of Open Access Journals (Sweden)

    Spaić Bojan

    2017-01-01

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

  5. Datafication of Automated (Legal) Decisions

    DEFF Research Database (Denmark)

    Schaumburg-Müller, Sten

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

  6. Scrutinizing Immutability: Research on Sexual Orientation and U.S. Legal Advocacy for Sexual Minorities.

    Science.gov (United States)

    Diamond, Lisa M; Rosky, Clifford J

    2016-01-01

    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.

  7. Using Computer-Assisted Argumentation Mapping to develop effective argumentation skills in high school advanced placement physics

    Science.gov (United States)

    Heglund, Brian

    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

  8. Legal capital: an outdated concept

    OpenAIRE

    John Armour

    2006-01-01

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

  9. Consciousness regained? Philosophical arguments for and against reductive physicalism.

    Science.gov (United States)

    Sturm, Thomas

    2012-03-01

    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.

  10. Understanding and Detecting Supporting Arguments of Diverse Types

    OpenAIRE

    Hua, Xinyu; Wang, Lu

    2017-01-01

    We investigate the problem of sentence-level supporting argument detection from relevant documents for user-specified claims. A dataset containing claims and associated citation articles is collected from online debate website idebate.org. We then manually label sentence-level supporting arguments from the documents along with their types as study, factual, opinion, or reasoning. We further characterize arguments of different types, and explore whether leveraging type information can facilita...

  11. Social Media Argumentation Mining: The Quest for Deliberateness in Raucousness

    OpenAIRE

    Šnajder, Jan

    2016-01-01

    Argumentation mining from social media content has attracted increasing attention. The task is both challenging and rewarding. The informal nature of user-generated content makes the task dauntingly difficult. On the other hand, the insights that could be gained by a large-scale analysis of social media argumentation make it a very worthwhile task. In this position paper I discuss the motivation for social media argumentation mining, as well as the tasks and challenges involved.

  12. Argumentation as rational persuasion in doctor-patient communication

    OpenAIRE

    Rubinelli Sara

    2013-01-01

    This paper discusses the value of argumentation as an instrument for rational persuasion in doctor patient (and general health professional patient) communication. Argumentation can be used to influence those beliefs that form the basis of an individual's attitudes and decision making process. In the medical context argumentation can be used to legitimize the points of view of the doctor and the patient; to correct add to or modify a patient's set of beliefs; and to enhance the patient's cent...

  13. Legal and political obstacles to smoke-free regulation in Minnesota regions.

    Science.gov (United States)

    Cork, Kerry; Forman, Carolyn

    2008-12-01

    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.

  14. We have yet to see the "visual argument"

    OpenAIRE

    Popa, O.E.

    2016-01-01

    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 visual arguments fault on both end of the “production line” in that the input is not visual and the output is not an argument. Based on the developed critique, I discuss how the study of images in co...

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

    Science.gov (United States)

    Habibzadeh, Mohammad Ja'far

    2006-01-01

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

  16. Regulatory and legal issues

    International Nuclear Information System (INIS)

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

    1999-01-01

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

  17. Legal aspects of Brexit

    Directory of Open Access Journals (Sweden)

    Ovidiu – Horia Maican

    2016-12-01

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

  18. Enunciation and argumentation: proposals for the analysis of personal forms as argumentative resources in orality

    Directory of Open Access Journals (Sweden)

    Federico Testoni

    2017-02-01

    Full Text Available As part of an investigation about strategies and resources for the construction of social representations (Raiter, 2016 on orality, we propose to articulate an analysis of linguistic forms with the argumentative dimension of utterances. The aim of this paper is to review the methodology proposed by Lavandera (1984 for the analysis of the tension between the personal and the impersonal, interpreting the use of this dimension as an argumentative resource (Ducrot, 1984. From our interdiscursive perspective, we seek to show how the characterization of the enunciative roles can facilitate analysis of the positions of enunciation from which the meaning of statements is oriented (Guimarães, 1998. To this end, we will analyse three fragments of an interview by applying the study of the distribution of pronominal forms (Lavandera, 1984 and the argumentative chains (Ducrot, 1984. We believe that analysis as described from the perspective of discourse analysis will mean a contribution for future work on strategies for building social representations.

  19. Argumentation Within Language as Subsidy for the Evaluation of Reading Practices and Production of Argumentative Texts

    Directory of Open Access Journals (Sweden)

    Lauro Gomes

    2016-12-01

    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.

  20. 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

    Energy Technology Data Exchange (ETDEWEB)

    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

    2008-07-01

    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)

  1. Argumentative skills of law students in the framework of the Saber-Pro tests

    Directory of Open Access Journals (Sweden)

    Rafael Alejandro Betancourt Durango

    2015-06-01

    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

  2. Greenberger-Horne-Zeilinger argument of nonlocality without inequalities for mixed states

    International Nuclear Information System (INIS)

    Ghirardi, Gian Carlo; Marinatto, Luca

    2006-01-01

    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

  3. Legal Quality, Inequality, and Tolerance

    DEFF Research Database (Denmark)

    Bjørnskov, Christian

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

  4. Legal Quality, Inequality, and Tolerance

    DEFF Research Database (Denmark)

    Bjørnskov, Christian

    2004-01-01

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

  5. Legal Aspects of the Web.

    Science.gov (United States)

    Borrull, Alexandre Lopez; Oppenheim, Charles

    2004-01-01

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

  6. Studying Legal Cultures and Encounters?

    DEFF Research Database (Denmark)

    Petersen, Hanne

    2015-01-01

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

  7. Legal Principles and Legislative Instrumentalism

    NARCIS (Netherlands)

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

    2003-01-01

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

  8. Legal risk management in shipping

    DEFF Research Database (Denmark)

    Siig, Kristina

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

  9. The flaw in the firewall argument

    International Nuclear Information System (INIS)

    Mathur, Samir D.; Turton, David

    2014-01-01

    A lot of confusion surrounds the issue of black hole complementarity, because the question has been considered without discussing the mechanism which guarantees unitarity. Considering such a mechanism leads to the following: (1) The Hawking quanta with energy E of order the black hole temperature T carry information, and so only appropriate processes involving E≫T quanta can have any possible complementary description with an information-free horizon; (2) The stretched horizon describes all possible black hole states with a given mass M, and it must expand out to a distance s bubble before it can accept additional infalling bits; (3) The Hawking radiation has a specific low temperature T, and infalling quanta interact significantly with it only within a distance s α of the horizon. One finds s α ≪s bubble for E≫T, and this removes the argument against complementarity recently made by Almheiri et al. In particular, the condition E≫T leads to the notion of ‘fuzzball complementarity’, where the modes around the horizon are indeed correctly entangled in the complementary picture to give the vacuum

  10. Arguments completed in suit over Internet censorship.

    Science.gov (United States)

    1996-05-31

    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.

  11. A Framework for Analyzing the Collaborative Construction of Arguments and Its Interplay with Agency

    Science.gov (United States)

    Mueller, Mary; Yankelewitz, Dina; Maher, Carolyn

    2012-01-01

    In this report, we offer a framework for analyzing the ways in which collaboration influences learners' building of mathematical arguments and thus promotes mathematical understanding. Building on a previous model used to analyze discursive practices of students engaged in mathematical problem solving, we introduce three types of collaboration and…

  12. Improving Argumentative Writing: Effects of a Blended Learning Approach and Gamification

    Science.gov (United States)

    Lam, Yau Wai; Hew, Khe Foon; Chiu, Kin Fung

    2018-01-01

    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…

  13. Promoting Argumentation in Middle School Science Classrooms: A Project SEPIA Evaluation.

    Science.gov (United States)

    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…

  14. Lexical categories and argument structure : a study with reference to Sakha

    NARCIS (Netherlands)

    Vinokurova, N.

    2005-01-01

    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

  15. An economic and legal perspective on electric utility transition costs

    Energy Technology Data Exchange (ETDEWEB)

    Rose, K.

    1996-07-01

    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.

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

    Directory of Open Access Journals (Sweden)

    Jan Boesten

    2014-12-01

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

  17. A computer simulation of the argument from disagreement

    NARCIS (Netherlands)

    Gustafsson, J.E.; Peterson, M.B.

    2012-01-01

    In this paper we shed new light on the Argument from Disagreement by putting it to test in a computer simulation. According to this argument widespread and persistent disagreement on ethical issues indicates that our moral opinions are not influenced by any moral facts, either because no such facts

  18. Semantic types of some generic relation arguments: Detection and evaluation

    OpenAIRE

    Katrenko, S.; Adriaans, P.

    2008-01-01

    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, Instrument-Agency and some other.

  19. An integrated theory of causal scenarios and evidential arguments

    NARCIS (Netherlands)

    Bex, F.J.

    2015-01-01

    In the process of proof alternative stories that explain 'what happened' in a case are tested using arguments based on evidence. Building on the author's earlier hybrid theory, this paper presents a formal theory that combines causal stories and evidential arguments, further integrating the

  20. Semantic types of some generic relation arguments: Detection and evaluation

    NARCIS (Netherlands)

    Katrenko, S.; Adriaans, P.

    2008-01-01

    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,

  1. Fallacious Argumentation in Student Reasoning: Are There Benefits?

    Science.gov (United States)

    Mueller, Mary; Yankelewitz, Dina

    2014-01-01

    This article reports on an analysis of episodes of invalid or controversial arguments that occurred while two different groups of students worked on similar fraction tasks and examine the role that these types of arguments played in the development of students' reasoning. One group consisted of suburban, middle-class, fourth graders who worked on…

  2. Refining a Heuristic for Constructing Bayesian Networks from Structured Arguments

    NARCIS (Netherlands)

    Wieten, G.M.; Bex, F.J.; van der Gaag, L.C.; Prakken, H.; Renooij, S.

    2018-01-01

    Recently, a heuristic was proposed for constructing Bayesian networks (BNs) from structured arguments. This heuristic helps domain experts who are accustomed to argumentation to transform their reasoning into a BN and subsequently weigh their case evidence in a probabilistic manner. While the

  3. Two Studies Examining Argumentation in Asynchronous Computer Mediated Communication

    Science.gov (United States)

    Joiner, Richard; Jones, Sarah; Doherty, John

    2008-01-01

    Asynchronous computer mediated communication (CMC) would seem to be an ideal medium for supporting development in student argumentation. This paper investigates this assumption through two studies. The first study compared asynchronous CMC with face-to-face discussions. The transactional and strategic level of the argumentation (i.e. measures of…

  4. Using History and Philosophy of Science to Promote Students' Argumentation

    Science.gov (United States)

    Archila, Pablo Antonio

    2015-01-01

    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…

  5. Improving Argumentation through Goal Instructions in Asynchronous Online Discussions

    Science.gov (United States)

    Prudchenko, Yekaterina

    2014-01-01

    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…

  6. On Evidence and Argument in Phenomenological Research | Walsh ...

    African Journals Online (AJOL)

    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 ...

  7. Citation Behaviors Observed in Japanese EFL Students' Argumentative Writing

    Science.gov (United States)

    Kamimura, Taeko

    2014-01-01

    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…

  8. Improving Undergraduates' Argumentative Group Essay Writing through Self-Assessment

    Science.gov (United States)

    Fung, Yong Mei; Mei, Hooi Chee

    2015-01-01

    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…

  9. "Argument!" Helping Students Understand What Essay Writing Is About

    Science.gov (United States)

    Wingate, Ursula

    2012-01-01

    Argumentation is a key requirement of the essay, which is the most common genre that students have to write. However, how argumentation is realised in disciplinary writing is often poorly understood by academic tutors, and therefore not adequately taught to students. This paper presents research into undergraduate students' concepts of argument…

  10. Argumentation as a Strategy for Conceptual Learning of Dynamics

    Science.gov (United States)

    Eskin, Handan; Ogan-Bekiroglu, Feral

    2013-01-01

    Researchers have emphasized the importance of promoting argumentation in science classrooms for various reasons. However, the study of argumentation is still a young field and more research needs to be carried out on the tools and pedagogical strategies that can assist teachers and students in both the construction and evaluation of scientific…

  11. We have yet to see the "visual argument"

    NARCIS (Netherlands)

    Popa, O.E.

    2016-01-01

    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

  12. Argument Graph as a Tool for Promoting Collaborative Online Reading

    Science.gov (United States)

    Kiili, Carita

    2013-01-01

    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…

  13. Analogy and Intersubjectivity: Political Oratory, Scholarly Argument and Scientific Reports.

    Science.gov (United States)

    Gross, Alan G.

    1983-01-01

    Focuses on the different ways political oratory, scholarly argument, and scientific reports use analogy. Specifically, analyzes intersubjective agreement in Franklin D. Roosevelt's First Inaugural address, the scholarly argument between Sir Karl Popper and Thomas S. Kuhn, and the scientific reports of various mathematicians and scientists. (PD)

  14. Argupolis: a doctoral program on argumentation practices in different contexts

    NARCIS (Netherlands)

    van Eemeren, F.H.; Greco Morasso, S.; Grossen, M.; Perret-Clermont, A.-N.; Rigotti, E.

    2009-01-01

    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,

  15. Memory, Critical Theory and the Argument from History.

    Science.gov (United States)

    Cox, J. Robert

    1990-01-01

    Explores the function of memory in critical theory, particularly in the work of Herbert Marcuse, as the basis for a critical argumentation. Argues that Marcuse's view suggests that argument is a "re-membering" of what had been split asunder--reason, imagination, and the capacity of action. Discusses other implications of Marcuse's…

  16. Learning about Plate Tectonics through Argument-Writing

    Science.gov (United States)

    Klein, Perry D.; Samuels, Boba

    2010-01-01

    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…

  17. Teaching the Academic Argument in a University EFL Environment

    Science.gov (United States)

    Bacha, Nahla Nola

    2010-01-01

    An educational challenge that many university EFL students face is the production of written academic arguments as part of their required essays. Although the importance of argumentative writing in education is uncontested, and research shows that EFL students find difficulties in producing such texts, it is not adequately dealt with for the L1…

  18. Collective Acceptance and the Is-Ought Argument

    NARCIS (Netherlands)

    Hindriks, Frank

    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

  19. Conjunctions in Argumentative Writing of Libyan Tertiary Students

    Science.gov (United States)

    Hamed, Muftah

    2014-01-01

    The aim of this study was an attempt to investigate the use of conjunctions in argumentative essays written by English as a Foreign Language fourth-year undergraduate Libyan students majoring in English at Omar Al-Mukhtar University in Libya. A corpus of 32 argumentative essays was collected from a sample of 16 students in order to be investigated…

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

    International Nuclear Information System (INIS)

    Wetherall, Anthony; Robin, Isabelle

    2014-01-01

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

  1. Concepts and Contexts – Argumentative Forms of Framing

    DEFF Research Database (Denmark)

    Gabrielsen, Jonas; Nørholm Just, Sine; Bengtsson, Mette

    2011-01-01

    this argument we combine theories of framing with the classical rhetorical theory of the stases, more precisely status definitio and status translatio. Our focus is primarily theoretical, but we illustrate our points by means of examples taken from public debates on the value of real estate.......The notion of framing has become central in the field of argumentation. The question is, however, what we gain from studying the process of argumentation through framing, since framing is itself a broad concept in need of specification. Different traditions understand the term differently......, and it is necessary to determine what argumentative forms the concept of framing actually covers. In this paper we argue that framing refers to at least two different argumentative forms. One is an internal definition of the concepts in question; the other is an external shift in the context of the case. In making...

  2. Epistemic Purposes to Prompt Argumentation in inquiry-based classes

    Directory of Open Access Journals (Sweden)

    Arthur Tadeu Ferraz

    2017-04-01

    Full Text Available Considering the growth in interest on argumentation in research on science education, in this paper our goal is to propose an overview of actions taken by a teacher that made possible to establish and mediate production of arguments by the students in classroom. For this purpose, we analyze a physics lesson where discussions were about light duality, through a planned inquiry-based sequence teaching. We developed a set of codes called Epistemic Purposes for Promotion of Argumentation that allow understanding teacher's purposes as well his actions to promote argumentation among students during inquiry-based lessons. According to theoretical proposition and empirical analysis, it was revealed that the construction of arguments by students has a high dependence on how ideas are problematized by teacher. The construction of understanding  by students requires teacher actions that result in contributions of different kinds.

  3. A Canonical Approach to the Argument/Adjunct Distinction

    Directory of Open Access Journals (Sweden)

    Diana Forker

    2014-01-01

    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.

  4. Critical Thinking in Moral Argumentation Contexts: A Virtue Ethical Approach

    Directory of Open Access Journals (Sweden)

    Michelle Ciurria

    2012-06-01

    Full Text Available In traditional analytic philosophy, critical thinking is defined along Cartesian lines as rational and linear reasoning preclusive of intuitions, emotions and lived experience. According to Michael Gilbert, this view – which he calls the Natural Light Theory (NLT – fails because it arbitrarily excludes standard feminist forms of argumentation and neglects the essentially social nature of argumentation. In this paper, I argue that while Gilbert’s criticism is correct for argumentation in general, NLT fails in a distinctive and particularly problematic manner in moral argumentation contexts. This is because NLT calls for disputants to adopt an impartial attitude, which overlooks the fact that moral disputants qua moral agents are necessarily partial to their own values and interests. Adopting the impartial perspective would therefore alienate them from their values and interests, causing a kind of “moral schizophrenia.” Finally, I urge a re-valuation of epistemic virtue in argumentation.

  5. Legal issues with wind farm stakeholders

    International Nuclear Information System (INIS)

    Atcheson, A.

    2006-01-01

    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

  6. Legal issues with wind farm stakeholders

    Energy Technology Data Exchange (ETDEWEB)

    Atcheson, A. [Stikeman Elliott LLP, Toronto, ON (Canada)

    2006-07-01

    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

  7. Legalized abortion in Japan.

    Science.gov (United States)

    Hart, T M

    1967-10-01

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

  8. Documents and legal texts

    International Nuclear Information System (INIS)

    2015-01-01

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

  9. Documents and legal texts

    International Nuclear Information System (INIS)

    2014-01-01

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

  10. Pupils' evaluation and generation of evidence and explanation in argumentation.

    Science.gov (United States)

    Glassner, Amnon; Weinstock, Michael; Neuman, Yair

    2005-03-01

    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.

  11. The emerging public discourse on state legalization of marijuana for recreational use in the US: Analysis of news media coverage, 2010-2014.

    Science.gov (United States)

    McGinty, Emma E; Samples, Hillary; Bandara, Sachini N; Saloner, Brendan; Bachhuber, Marcus A; Barry, Colleen L

    2016-09-01

    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.

  12. Argumentation, confrontation et violence verbale fulgurante Argumentative Processes, Confrontation and Acute Verbal Abuse

    Directory of Open Access Journals (Sweden)

    Claudine Moïse

    2012-04-01

    Full Text Available Si nous avons défini la violence verbale fulgurante comme une montée en tension caractérisée par des actes menaçants directs (provocation, menace, insultes… et la violence polémique comme un discours à visée argumentative mobilisant des procédés discursifs indirects (implicites, ironie…, on ne peut considérer ces deux types de discours comme hermétiques. À travers des scènes de violences verbales quotidiennes dans l’espace public et institutionnel (contrôles, convocations, verbalisations…, constituées pour un DVD pédagogique, il s’agit de montrer comment dans des interactions caractérisées par la violence fulgurante, certains procédés argumentatifs particuliers et que nous décrirons, sont utilisés, avec force efficacité, à des fins de déstabilisation et de prise de pouvoir sur l’autre. Our research has defined severe verbal abuse as built up tension characterized by directly threatening acts (such as provocation, threats, insults, and polemical violence as argumentative discourse which mobilizes indirect discursive devices, such as implicit discourse relations and irony. Yet, neither type of discourse can be considered to be impervious to mutual influence. Based on the content of an educational DVD featuring acted out scenes of daily verbal abuse taking place in public and institutional spaces (i.e., checks, summons, fines, we will show how specific argumentative devices, which we will describe, are very efficiently used within interactions that are characterised by severe abuse, with the aim of destabilizing and taking control over somebody.

  13. Identifying fallacious arguments in a qualitative study of antipsychotic prescribing in dementia.

    Science.gov (United States)

    Donyai, Parastou

    2017-10-01

    Dementia can result in cognitive, noncognitive and behavioural symptoms which are difficult to manage. Formal guidelines for the care and management of dementia in the UK state that antipsychotics should only be prescribed where fully justified. This is because inappropriate use, particularly problematic in care-home settings, can produce severe side effects including death. The aim of this study was to explore the use of fallacious arguments in professionals' deliberations about antipsychotic prescribing in dementia in care-home settings. Fallacious arguments have the potential to become unremarkable discourses that construct and validate practices which are counter to guidelines. This qualitative study involved interviews with 28 care-home managers and health professionals involved in caring for patients with dementia. Potentially fallacious arguments were identified using qualitative content analysis and a coding framework constructed from existing explanatory models of fallacious reasoning. Fallacious arguments were identified in a range of explanations and reasons that participants gave for in answer to questions about initiating, reducing doses of and stopping antipsychotics in dementia. The dominant fallacy was false dichotomy. Appeal to popularity, tradition, consequence, emotion, or fear, and the slippery slope argument was also identified. Fallacious arguments were often formulated to present convincing cases whereby prescribing antipsychotics or maintaining existing doses (versus not starting medication or reducing the dose, for example) appeared as the only acceptable decision but this is not always the case. The findings could help health professionals to recognise and mitigate the effect of logic-based errors in decisions about the prescribing of antipsychotics in dementia. © 2016 Royal Pharmaceutical Society.

  14. Using Argumentation to Foster Learning about Global Climate Change

    Science.gov (United States)

    Golden, B. W.

    2012-12-01

    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

  15. Teaching Critical Questions about Argumentation through the Revising Process: Effects of Strategy Instruction on College Students' Argumentative Essays

    Science.gov (United States)

    Song, Yi; Ferretti, Ralph P.

    2013-01-01

    The effects of self-regulated strategy development revising instruction for college students that targeted the use of argumentation schemes and critical questions were assessed in three conditions. In the first condition, students were taught to revise their essays by asking and answering critical questions about the "argument from consequences"…

  16. A "not-for-profit" regulatory model for legal recreational cannabis: Insights from the regulation of gaming machine gambling in New Zealand.

    Science.gov (United States)

    Wilkins, Chris

    2018-03-01

    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

  17. Defining a Communications Satellite Policy System for the 21st Century: A Model for a International Legal Framework and A New _Code of Conduct_

    Science.gov (United States)

    Pelton, Joseph N.

    1996-02-01

    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

  18. Limitation for the Agricultural Uses of the Rural Properties Represented by LFR (Legal Forest Reserves

    Directory of Open Access Journals (Sweden)

    Carlos Cesar Ronquim

    2015-12-01

    Full Text Available The present text approaches the limitations of special protection of natural resources in the agricultural properties represented by Legal Forest Reserves (LFR, from their origin to the form they are being tutored now. Their relationships and differentiations are established. Forms for the recompositions and use of LFR are approached. Finally, the arguments of the environmentalists and ruralists are pointed out for the improvement of the institute and its applicability, presenting forms of putting in practice the desirable sustainable development

  19. Truth and victims’ rights: Towards a legal epistemology of international criminal justice

    OpenAIRE

    Aguilera, Edgar R.

    2013-01-01

    The author advances the thesis that the now well established international crime victims' right to know the truth creates an opportunity for an applied epistemology reflection regarding international criminal justice. At the heart of the project lies the author's argument that this victims' right -if taken seriously- implies both the right that the international criminal justice system's normative structures or legal frameworks and practices feature a truth-promoting profile, or in other word...

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

    International Nuclear Information System (INIS)

    Fernandez Regalado, Luis

    2008-01-01

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