WorldWideScience

Sample records for modelling legal argument

  1. The analysis and evaluation of legal argumentation: approaches from legal theory and argumentation theory

    NARCIS (Netherlands)

    Feteris, E.; Kloosterhuis, H.

    2009-01-01

    In the past thirty years legal argumentation has become an important interdisciplinary field of interest. The study of legal argumentation draws its data, assumptions and methods from disciplines such as legal theory, legal philosophy, logic, argumentation theory, rhetoric, linguistics, literary the

  2. The COUNSELOR Project: Understanding Legal Argument.

    Science.gov (United States)

    1986-01-01

    cannot reasonably expect the judge to maintain a " tabula rasa " mentality, where his y decision is presumably based only on the propositions presented...this is the case, then the role of the audience becomes crucial. Since the audience in legal argumentation is a very specialized group, it is

  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

    2017-02-09

    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. Prototypical argumentative patterns in a legal context: The role of pragmatic argumentation in the justification of judicial decisions

    NARCIS (Netherlands)

    E.T. Feteris

    2016-01-01

    In this contribution the prototypical argumentative patterns are discussed in which pragmatic argumentation is used in the context of legal justification in hard cases. First, the function and implementation of pragmatic argumentation in prototypical argumentative patterns in legal justification are

  5. Extracting legal arguments from forensic Bayesian networks

    NARCIS (Netherlands)

    Timmer, Sjoerd; Prakken, Hendrik; Meyer, John-Jules Charles; Renooij, Silja; Verheij, Bart

    2014-01-01

    Recent developments in the forensic sciences have confronted the field of legal reasoning with the new challenge of reasoning under uncertainty. Forensic results come with uncertainty and are described in terms of likelihood ratios and random match probabilities. The legal field is unfamiliar with n

  6. A General Structure for Legal Arguments about Evidence Using Bayesian Networks

    Science.gov (United States)

    Fenton, Norman; Neil, Martin; Lagnado, David A.

    2013-01-01

    A Bayesian network (BN) is a graphical model of uncertainty that is especially well suited to legal arguments. It enables us to visualize and model dependencies between different hypotheses and pieces of evidence and to calculate the revised probability beliefs about all uncertain factors when any piece of new evidence is presented. Although BNs…

  7. MEDIATION AGREEMENTS LEGAL MODEL

    Directory of Open Access Journals (Sweden)

    Alexander Ponomarev

    2015-07-01

    Full Text Available This article focuses on the legal model of mediation agreements in Russian and international legislation. The authors consider the main provisions of the mediation agreements in civil matters, in particular, is defined by such features of the legal model as the requirements for this type of agreements. In addition, the article discusses the problematic issues of implementation of mediation agreements.

  8. Modelling Imprecise Arguments in Description Logic

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    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.

  9. Legal argumentation based on foreign law
    An example from case law of the South African Constitutional Court

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    Andrea Lollini

    2007-06-01

    Full Text Available This article aims to make some introductory remarks concerning the phenomenon of the circulation of ‘foreign law’ between constitutional courts. A convenient setting for some considerations regarding this legal phenomenon is the South African constitutional jurisprudence, since Section 39 of the 1996 Constitution enables the Constitutional Court to ‘consider foreign law’ when interpreting the Bill of Rights. This provision has led to the wide use of foreign jurisprudence and legislation, as well as extra-systemic parameters, that have formed the basis for models of legal argumentation. The article explores what appears to be a recurring ‘patterns’ of legal argumentation based on foreign law used by the Court which has been defined ‘probative importation’.

  10. MÉTODO PARA COMPOR E AVALIAR ARGUMENTOS JURÍDICOS / METHOD TO COMPOSE AND EVALUATE LEGAL ARGUMENTS

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    Nailton Gomes Silva

    2014-12-01

    Full Text Available It is unquestionable and flagrant the relevance of the argumentation for a jurist. In our times, legal argument composes pieces and materializes the judicial process. Thus, we want to investigate what is a “legal argument” and what can help to evaluate it according to informal logic criteria. As a methodology, we consult the works of TOULMIN, HITCHCOCK, PRAKKEN, VERHEIJ and WALTON, aiming to delineate aspects of good argumentation. As a result, we present a new perspective to compose and evaluate arguments of legal practice with the fulcrum in the Toulmin’s theory of argument, hoping, thus, to contribute to improve judicial reasoning.

  11. 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…

  12. Argumentation, Dialogue Theory, and Probability Modeling: Alternative Frameworks for Argumentation Research in Education

    Science.gov (United States)

    Nussbaum, E. Michael

    2011-01-01

    Toulmin's model of argumentation, developed in 1958, has guided much argumentation research in education. However, argumentation theory in philosophy and cognitive science has advanced considerably since 1958. There are currently several alternative frameworks of argumentation that can be useful for both research and practice in education. These…

  13. 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.

  14. Constructing Arguments with 3-D Printed Models

    Science.gov (United States)

    McConnell, William; Dickerson, Daniel

    2017-01-01

    In this article, the authors describe a fourth-grade lesson where 3-D printing technologies were not only a stimulus for engagement but also served as a modeling tool providing meaningful learning opportunities. Specifically, fourth-grade students construct an argument that animals' external structures function to support survival in a particular…

  15. Rhetorical Strategies in Legal Argumentation. Some remarks on the recent decisions of the Portuguese Tribunal Constitucional and the Italian Corte Costituzionale on same-sex marriage

    Directory of Open Access Journals (Sweden)

    Giovanni Damele

    2011-03-01

    Full Text Available Legal argumentation is usually considered the more formal (or, at least, formalistic kind of practical argumentation, thanks to the long tradition of “legal syllogism” as its formal instrument, but also to its legal restraint (the formalistic aspect. Yet, in arguments such as those used, for example, by high courts in their justifications, we may find not only strict formalism and adherence to the letter of the law, but also the attempt to resolve differences of opinion and conflicts of interest, and perhaps also the rhetorical attempt to persuade the legal community, the legislator or even public opinion of the soundness of the court’s decision. But there could be more than that. I think that contemporary theories of legal argumentation have let aside the idea that the analysis of legal argumentations can show the judges' hidden ideological and political positions by resorting to traditional legal arguments. Just as an example, it may be interesting to analyze the justificatory function of argumentations contained in two decisions taken by two constitutional courts, in Italy and in Portugal, on the same question. Why constitutional courts and not, for example, a court of first instance? Constitutional judges, apparently, do not need to persuade anybody: there is no higher judicial authority, and their interpretation of constitutional text is definitive. For this reason, one can assume that strategic argumentation plays little role in the arguments justifying their verdicts. I hope I can show that this assumption may not, fully, reflect the reality.

  16. Impact of Model-Based Teaching on Argumentation Skills

    Science.gov (United States)

    Ogan-Bekiroglu, Feral; Belek, Deniz Eren

    2014-01-01

    The purpose of this study was to examine effects of model-based teaching on students' argumentation skills. Experimental design guided to the research. The participants of the study were pre-service physics teachers. The argumentative intervention lasted seven weeks. Data for this research were collected via video recordings and written arguments.…

  17. A Storytelling Learning Model for Legal Education

    Science.gov (United States)

    Capuano, Nicola; De Maio, Carmen; Gaeta, Angelo; Mangione, Giuseppina Rita; Salerno, Saverio; Fratesi, Eleonora

    2014-01-01

    The purpose of this paper is to describe a learning model based on "Storytelling" and its application in the context of legal education helping build challenging training resources that explain, to common citizens with little or no background about legal topics, concepts related to "Legal Mediation" in general and in specific…

  18. Rhetoric, Aboriginal Australians and the Northern Territory Intervention: A Socio-legal Investigation into Pre-legislative Argumentation

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    James A Roffee

    2016-03-01

    Full Text Available Presented within this article is a systematic discourse analysis of the arguments used by the then Australian Prime Minister and also the Minister for Indigenous Affairs in explaining and justifying the extensive and contentious intervention by the federal government into remote Northern Territory Aboriginal communities. The methods used within this article extend the socio-legal toolbox, providing a contextually appropriate, interdisciplinary methodology that analyses the speech act’s rhetorical properties. Although many academics use sound-bites of pre-legislative speech in order to support their claims, this analysis is concerned with investigating the contents of the speech acts in order to understand how the Prime Minister’s and Minister for Indigenous Affairs’ argumentations sought to achieve consensus to facilitate the enactment of legislation. Those seeking to understand legislative endeavours, policy makers and speech actors will find that paying structured attention to the rhetorical properties of speech acts yields opportunities to strengthen their insight. The analysis here indicates three features in the argumentation: the duality in the Prime Minister’s and Minister’s use of the Northern Territory Government’s Little Children are Sacred report; the failure to sufficiently detail the linkages between the Intervention and the measures combatting child sexual abuse; and the omission of recognition of Aboriginal agency and consultation.

  19. " Canvas " and the Legal Business Model

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    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.

  20. HOMESCHOOLING IN POLAND? LEGAL STATUS AND ARGUMENTS USED IN POLISH DEBATE OVER HOME EDUCATION

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    Szymon Paciorkowski

    2014-08-01

    Full Text Available Purpose – the purpose of this article is to summarize the legal aspects of home education in Poland, with particular emphasis on the evolution of the provisions of the Polish School Education Act 1991 and selected jurisdiction of Polish administrative courts. Design/methodology/approach – research was based on the analysis of legislation, including legislation drafts, published studies and other scholarly works as well as published opinions. The scientific approach was based on investigating which legal aspects of homeschooling have raised most controversies and have been thoroughly discussed. Findings – the main findings of the research focus on presenting the evolution of the Polish education law regarding the issue of home education and the reactions – both from the legal doctrine and the practitioners of homeschooling – to changes of law. Practical aspects of implementation of the provisions were also shown on the examples of the verdicts of Polish administrative courts. Research limitations/implications – article is based on already published works, but it proves that a clear evolution of Polish government’s approach to home education can be observed. However, the adoption of more accurate and clear provisions does not mean that they are less restrictive, although the recent amendments remove some of the obligations. Practical implications - article may be helpful for scholars interested in analysis of the Polish regulations applied to the home based education, offering them a summarized history of regulations and a selection of publications devoted to this subject. At the same time it points to the necessity of preparing more unbiased publications pertaining to the matter. Originality/value - the article is has the form of literature review; it is mostly based on already published articles and selected verdicts. Its value lies in a summarized presentation of the direction of the evolution of Polish regulation considering home

  1. The Relationships between Modelling and Argumentation from the Perspective of the Model of Modelling Diagram

    Science.gov (United States)

    Mendonça, Paula Cristina Cardoso; Justi, Rosária

    2013-01-01

    Some studies related to the nature of scientific knowledge demonstrate that modelling is an inherently argumentative process. This study aims at discussing the relationship between modelling and argumentation by analysing data collected during the modelling-based teaching of ionic bonding and intermolecular interactions. The teaching activities…

  2. Modeling argumentation based semantics using non-monotonic reasoning

    OpenAIRE

    2005-01-01

    Argumentation theory is an alternative style of formalizing non-monotonic reasoning. It seems, argumentation theory is a suitable framework for practical and uncertain reasoning, where arguments support conclusions. Dung's approach is an unifying framework which has played an influential role on argumentation research and Artificial Intelligence. Even though the success of the argumentation theory, it seems that argumentation theory is so far from being efficiently implemented like the logic ...

  3. Personality disorders and biosocial trait theories: The argument for radical legal reform.

    Science.gov (United States)

    Peters, David C

    2010-01-01

    This article reviews antisocial personality disorder, psychopathy, and violence and develops a three factor model of personality traits. Then a discussion of related personality disorders precedes the development of a categorical two factor model of impulsive versus remorseless violence. A paradigm of proactive, medical, and school based early intervention and prevention is advocated as a useful addition to the reactive detention of criminal justice. Integration of psychological tests, neuroimaging, and genomic data in early childhood and school based intervention strategies to prevent the development of conduct disorder and attenuate criminal propensity inform this approach.

  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

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    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. The activity model of legal psychologist

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    N.V. Bogdanovich,

    2014-08-01

    Full Text Available We propose an activity model of legal psychologist work. As a basis for the construction of the system of legal psychologist activity, we use trajectory of teenager living in the legal field. As the main activities within their respective specializations, we highlighted prevention, maintenance and rehabilitation. We define the main activities necessary for the development within the FGOSIII specialization 050407 “Pedagogy and Psychology of deviant behavior”: general and pathopsychologic diagnostics, development activity and psychological education, psycho-correction, psychological counseling. Accordingly, we define the types of psychological practices. We highlight the motivational and integrative practice (teaching introductory and trainee. We propose a system of training modules, ensuring the formation of the necessary competencies. The modules feature is their focus on practice (the association of training courses with the main types of psychological practice.

  7. Assessing Argumentative Representation with Bayesian Network Models in Debatable Social Issues

    Science.gov (United States)

    Zhang, Zhidong; Lu, Jingyan

    2014-01-01

    This study seeks to obtain argumentation models, which represent argumentative processes and an assessment structure in secondary school debatable issues in the social sciences. The argumentation model was developed based on mixed methods, a combination of both theory-driven and data-driven methods. The coding system provided a combing point by…

  8. From Formalism to Inquiry: A Model of Argument in "Antigone."

    Science.gov (United States)

    Kastely, James L.

    1999-01-01

    Presents a definition for a formalist approach to teaching argument and discusses limitations and serious problems with this approach. Discusses "Antigone" as a representative text for teaching argument because it challenges the very possibility of argument. Proposes that literary texts such as "Antigone" be taught as…

  9. 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

  10. 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.

  11. Update Legal Documents Using Hierarchical Ranking Models and Word Clustering

    OpenAIRE

    Pham, Minh Quang Nhat; Nguyen, Minh Le; Shimazu, Akira

    2010-01-01

    Our research addresses the task of updating legal documents when newinformation emerges. In this paper, we employ a hierarchical ranking model tothe task of updating legal documents. Word clustering features are incorporatedto the ranking models to exploit semantic relations between words. Experimentalresults on legal data built from the United States Code show that the hierarchicalranking model with word clustering outperforms baseline methods using VectorSpace Model, and word cluster-based ...

  12. Promoting and Supporting Scientific Argumentation in the Classroom: The Evaluate-Alternatives Instructional Model

    Science.gov (United States)

    Sampson, Victor; Grooms, Jonathon

    2009-01-01

    This article describes an instructional model that science teachers can use to promote and support student engagement in scientific argumentation. This model is called the evaluate-alternatives instructional model and it is grounded in current research on argumentation in science education (e.g., Berland and Reiser 2009; McNeill and Krajcik 2006;…

  13. 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…

  14. 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…

  15. 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…

  16. Undignified Arguments.

    Science.gov (United States)

    Holm, Søren

    2016-04-01

    Something strange has happened to the concept of dignity in bioethics. After a long period in which U.S. pragmatist and U.K. consequentialist philosophers have argued that the concept is useless and vacuous, and in which they have been reasonably successful in expunging it from mainstream English-language academic bioethics, dignity has suddenly become popular again in debates about the legalization of physician-assisted dying (PAD). And, even stranger, it is deployed not by conservatives but by liberals. In the debates about PAD, liberal proponents of legalization seem to accept without question that there is such a state or process as "death with dignity," which is juxtaposed to "undignified dying." It also seems to be accepted that both of these states can be fairly easily identified and that they carry great moral weight. This article provides an analysis of the current resurgence of "undignified" arguments and argues on the basis of that analysis (1) that a proper understanding of the concept of dignity shows that the previous reductive arguments against dignity are partially incomplete and therefore partially misguided and (2) that, despite dignity having meaning, the idea of an undignified death cannot carry the moral weight it is given by proponents of the legalization of PAD.

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

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    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.

  18. Argumentation and Indigenous Knowledge: Socio-Historical Influences in Contextualizing an Argumentation Model in South African Schools

    Science.gov (United States)

    Gallard Martinez, Alejandro J.

    2011-01-01

    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…

  19. Researchon Model Argumentative Essays for IELTS from the Perspective of Discourse Analysis

    Institute of Scientific and Technical Information of China (English)

    陈颖心

    2013-01-01

    IELTS writing is a reproducing process based on a good command of English language. Each essay of the examinee’s is a discourse. This paper mainly selects a model argumentative essay and analyzes it from the perspective of discourse analysis, revealing the textual structure, cohesion and coherence, and the writing methods and skills of argumentation in order to help improve the writing skills of IELTS essays among examinees.

  20. 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.

  1. 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

  2. Global behaviour of a predator-prey like model with piecewise constant arguments.

    Science.gov (United States)

    Kartal, Senol; Gurcan, Fuat

    2015-01-01

    The present study deals with the analysis of a predator-prey like model consisting of system of differential equations with piecewise constant arguments. A solution of the system with piecewise constant arguments leads to a system of difference equations which is examined to study boundedness, local and global asymptotic behaviour of the positive solutions. Using Schur-Cohn criterion and a Lyapunov function, we derive sufficient conditions under which the positive equilibrium point is local and global asymptotically stable. Moreover, we show numerically that periodic solutions arise as a consequence of Neimark-Sacker bifurcation of a limit cycle.

  3. Patent portfolio analysis model based on legal status information

    Institute of Scientific and Technical Information of China (English)

    Xuezhao; WANG; Yajuan; ZHAO; Jing; ZHANG; Ping; ZHAO

    2014-01-01

    Purpose:This research proposes a patent portfolio analysis model based on the legal status information to chart out a competitive landscape in a particular field,enabling organizations to position themselves within the overall technology landscape.Design/methodology/approach:Three indicators were selected for the proposed model:Patent grant rate,valid patents rate and patent maintenance period.The model uses legal status information to perform a qualitative evaluation of relative values of the individual patents,countries or regions’ technological capabilities and competitiveness of patent applicants.The results are visualized by a four-quadrant bubble chart To test the effectiveness of the model,it is used to present a competitive landscape in the lithium ion battery field.Findings:The model can be used to evaluate the values of the individual patents,highlight countries or regions’ positions in the field,and rank the competitiveness of patent applicants in the field.Research limitations:The model currently takes into consideration only three legal status indicators.It is actually feasible to introduce more indicators such as the reason for invalid patents and the distribution of patent maintenance time and associate them with those in the proposed model.Practical implications:Analysis of legal status information in combination of patent application information can help an organization to spot gaps in its patent claim coverage,as well as evaluate patent quality and maintenance situation of its granted patents.The study results can be used to support technology assessment,technology innovation and intellectual property management.Originality/value:Prior studies attempted to assess patent quality or competitiveness by using either single patent legal status indicator or comparative analysis of the impacts of each indicator.However,they are insufficient in presenting the combined effects of the evaluation indicators.Using our model,it appears possible to get a

  4. 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…

  5. 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.

  6. One-sided arguments

    NARCIS (Netherlands)

    van Laar, J.A.

    2007-01-01

    When is an argument to be called one-sided? When is putting forward such an argument fallacious? How can we develop a model for critical discussion, such that a fallaciously one-sided argument corresponds to a violation of a discussion rule? These issues are dealt with within 'the limits of the dial

  7. 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

  8. The Bet Tzedek legal services model: how a legal services model addresses elder abuse and neglect.

    Science.gov (United States)

    Morris, Janet R

    2010-07-01

    Bet Tzedek, Hebrew for the "House of Justice," provides free legal assistance to older adults in Los Angeles County. Their civil attorneys work alongside prosecutors and service providers for the elderly as members of multidisciplinary teams to assist older adults with complicated elder abuse and neglect cases. Case examples demonstrate how civil attorneys collaborate with the Los Angeles County Elder Abuse Forensic Center to address financial abuse, real estate fraud, and self-neglect issues. Cooperation among the courts, Bet Tzedek, and other county agencies has resulted in more user-friendly processes to expedite filing of conservatorships and elder abuse restraining orders.

  9. Modelling Legal Argument: Reasoning with Cases and Hypotheticals, a Thesis Proposal.

    Science.gov (United States)

    1986-06-30

    Data General Corp. v. Digital Computer Controls, Inc., 357 A.2d 105 (Del. Ch. 1975). Held for plaintiff Data General on trade secrets...CKB that are relevant to 4Midland-Ross Corp. v. Sunbeam Equipment Corp., 316 F.Siipp. 171 (W.D. Pa., 1970), Table I 5Data General Corp. v. Digital ...gument. In Antonio A. Martino and Fiorenza Socci Natali, editors, Atti preliminari del II Convegno internazionale di studi su Logica Informat- ica

  10. Helping Children to Model Proportionally in Group Argumentation: Overcoming the "Constant Sum" Error

    Science.gov (United States)

    Misailidou, Christina; Williams, Jullian

    2004-01-01

    We examine eight cases of argumentation in relation to a proportional reasoning task--the "Paint" task--in which the "constant sum" strategy was a significant factor. Our analysis of argument follows Toulmin's (1958) approach and in the discourse we trace factors which seem to facilitate changes in argument. We find that the arguments of "constant…

  11. Legal terminology

    DEFF Research Database (Denmark)

    Engberg, Jan

    2013-01-01

    The aim of the chapter is to study the concept of paraphrase developed by Simonnæs for describing textual elements directed at non-experts in court decisions and intended to give insight into the legal argumentation of the court. Following a discussion of the concept of paraphrase I will study tw...

  12. New contractivity condition in a population model with piecewise constant arguments

    Science.gov (United States)

    Muroya, Yoshiaki

    2008-10-01

    In this paper, we improve contractivity conditions of solutions for the positive equilibrium of the following differential equation with piecewise constant arguments: where r(t) is a nonnegative continuous function on [0,+[infinity]), r(t)[not identical with]0, , bi[greater-or-equal, slanted]0, i=0,1,2,...,m, and . In particular, for the case a=0 and m[greater-or-equal, slanted]1, we really improve the known three type conditions of the contractivity for solutions of this model (see for example, [Y. Muroya, A sufficient condition on global stability in a logistic equation with piecewise constant arguments, Hokkaido Math. J. 32 (2003) 75-83]). For the other case a[not equal to]0 and m[greater-or-equal, slanted]1, under the condition , the obtained result partially improves the known results on the contractivity of solutions for the positive equilibrium of this model given by the author [Y. Muroya, Persistence, contractivity and global stability in logistic equations with piecewise constant delays, J. Math. Anal. Appl. 270 (2002) 602-635] and others.

  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. L’expertise médico-légale face aux perversions : instrument ou argument de la justice ? The Medico-Legal Expert on Perversion: Instrument or Argument?

    Directory of Open Access Journals (Sweden)

    Gilles Trimaille

    2011-03-01

    Full Text Available L’expertise médico-légale n’est pas une création du XIXe siècle mais l’application du Code pénal napoléonien de 1810 va profondément modifier la place des experts dans le débat judiciaire. Face à certains comportements étranges, les juges seront amenés à solliciter de plus en plus fréquemment les experts psychiatres afin de déterminer le niveau de responsabilité imputable aux auteurs de crimes ou délits. Dans le domaine spécifique des infractions sexuelles, il reviendra aux psychiatres de déterminer la limite entre la perversité et la perversion, le partage entre la sanction et le soin. Malgré un souci croissant de scientificité présent dans les études médicales consacrées aux perversions sexuelles, les experts psychiatres du XIXe siècle n’arriveront pas toujours à se déprendre des valeurs politiques et morales dominantes de leur temps.Medico-legal expertise was not a creation of the 19th century but application of the Napoleonic Criminal Code of 1810 profoundly changed the role of experts in judicial proceedings. Faced with certain strange behaviors, judges were increasingly led to solicit psychiatric experts so as to determine the level of responsibility attributable to those accused of crimes or misdemeanors. In the specific domain of sexual offenses, it fell to psychiatrists to determine the border between perversity and perversion, and the distinction between sanction and care.  In spite of growing concern with the scientific character of medical studies devoted to sexual perversions, psychiatric experts of the 19th century did not always succeed in separating themselves from the dominant political and moral values of their times.

  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. The Concept of Justice: Argumentation and Dialogism

    Directory of Open Access Journals (Sweden)

    Ana Lúcia Tinoco Cabral

    2014-06-01

    Full Text Available This paper presents a reflection attempting to situate the concepts of justice and argumentation in Perelman’s approach in dialogue with the Bakhtin Circle’s theories. For this purpose, it analyses the concept of justice, deals with the concept of argumentation in order to situate its field and to emphasize how it supports the concept of justice, highlights the ethical and dialogical aspects of legal argumentation, establishing connections between Perelman’s ideas and dialogic principles of language, and, finally, attempts to show how different voices intersect in the argumentative confrontation through the analysis of two excerpts of legal discourses.

  17. Euthanasia: the legal issues.

    Science.gov (United States)

    Chaloner, C; Sanders, K

    The legal status of euthanasia is frequently deliberated. It remains unlawful in Britain and advocates for a change in the law are vigorously opposed by those who argue that it should remain unchanged. An objective account, in which current law and arguments for and against change are exposed, is essential to inform the euthanasia debate. In this article the legal issues concerning euthanasia are examined and arguments raised by proposed changes in the law are considered.

  18. A connectionist model of the retreat from verb argument structure overgeneralization.

    Science.gov (United States)

    Ambridge, Ben; Blything, Ryan P

    2016-11-01

    A central question in language acquisition is how children build linguistic representations that allow them to generalize verbs from one construction to another (e.g., The boy gave a present to the girl → The boy gave the girl a present), whilst appropriately constraining those generalizations to avoid non-adultlike errors (e.g., I said no to her → *I said her no). Although a consensus is emerging that learners solve this problem using both statistical and semantics-based learning procedures (e.g., entrenchment, pre-emption, and semantic verb class formation), there currently exist few - if any - proposals for a learning model that combines these mechanisms. The present study used a connectionist model to test an account that argues for competition between constructions based on (a) verb-in construction frequency, (b) relevance of constructions for the speaker's intended message, and (c) fit between the fine-grained semantic properties of individual verbs and individual constructions. The model was able not only (a) to simulate the overall pattern of overgeneralization-then-retreat, but also (b) to use the semantics of novel verbs to predict their argument structure privileges (just as real learners do), and

  19. 职务发明制度改革论点综述%The Summary of the Arguments on Legal System Reform of Service Invention

    Institute of Scientific and Technical Information of China (English)

    张伟

    2012-01-01

    目前我国的科技竞争力不尽如人意,职务发明作为科技进步的核心领域获得了很多研究者的关注,其中职务发明的制度供给成为研究的热点问题.很多学者提出要改革现有的职务发明制度,另有少数学者持反对观点,本文收集整理了有关的研究成果,为相关理论的继续发展提供了文献基础.%At present, the competitiveness of our country in science and technology is unsatisfactory. Service invention as the core areas of the technological progress wins the attention of many researchers and the establishment of the legal system of service invention becomes the focus problem. Many scholars have proposed to reform the present invention -system and a few scholars hold against views. This paper collects and comments related research achievements and provides the literatures for the continued development of the related theory.

  20. Use of the deficit model in a shared culture of argumentation: the case of foot and mouth science

    OpenAIRE

    2006-01-01

    The "deficit model" as an explanation of the public understanding of science has attracted sustained criticism. While acknowledging the limitations of the deficit model, we argue that researchers should not abandon all interest in exploring it. Our results suggest that the deficit model is an important part of a culture of argumentation shared by both scientists and members of the public, and drawn upon as explanations of the public understanding of science. We carried out discourse analysis ...

  1. Argumentation as an Interactional Process in Conversation.

    Science.gov (United States)

    Liddicoat, Anthony

    1995-01-01

    Analyzes argumentation and the ways in which idealized models of argumentation relate to the linguistic behavior of participants in argument as talk. Sequencing patterns of arguments are interactionally accomplished. Speakers produce turns which are related to their purpose in talking and that include speech act complexes appropriate for the…

  2. Towards a Design Model for local Smart Grid Systems: Connecting Ostrom’s IAD-Framework to Institutional Legal Theory

    NARCIS (Netherlands)

    Heldeweg, Michiel; Lammers, Imke

    2015-01-01

    This paper proposes an analytical framework towards a design-model connecting Ostrom’s IAD-Framework with Institutional Legal Theory (ILT), applicable to legal-settings for local Smart-Grid systems. This connection contributes to achieving legal innovations necessary to the (fit of) public-private a

  3. THE ARGUMENTATION IN GALATIANS

    African Journals Online (AJOL)

    argumentation theory has been modest and no full-fledged argumentation analyses of. Paul's argumentation ... nication, Argumentation Theory and Rhetoric; Department of Exegesis, Åbo. Akademi ...... Dordrecht (Holland) &. Cinnaminson ...

  4. Theorization and Modelling of Law – Some meso to macro models of legal behavior

    Directory of Open Access Journals (Sweden)

    Roberto Mancilla

    2015-12-01

    Full Text Available This paper is part of a larger project-a theory of Law- which purports to use concepts of systems theory, complexity and cybernetics in order to create models of legal behavior that can be subject to computer simulation and modeling, thus making theory and practice more relatable to each other. Because of space constrains, two models of Law: one on how knowledge about Law, Justice and the Rule of Law is created and circulates and one on what norms are and how they are implemented, along with a brief notion of who are its subjects. These models are applicable on a midrange to macro scale (cities of a certain size, States, confederations of States and onwards, despite the fact that the implementation model can also be used on small scale systems like communities, dyads, triads and so on. The work offered in this study is correlated with the Law and Society approach to legal empiricism and I conclude that theory and practice holds a recursive relation: theory without a practical referent is fiction and practice without theory is blind development; computer modeling is a way to further the complementary relationship that both ought to hold.

  5. 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.

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

    Science.gov (United States)

    Jirschitzka, Jens; Kimmerle, Joachim; Cress, Ulrike

    2016-01-01

    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.

  7. 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.

  8. Supervisory Control of Flowlines by Modelling the Legal Language as Inequalities

    DEFF Research Database (Denmark)

    Edlund, Kristian Skjoldborg; Michelsen, Axel Gottlieb; Rudie, Karen

    2006-01-01

    A method for modelling the class of discrete-event systems that characterise flowlines is developed. The legal languages are modelled as a set of inequalities, which effectively reduces the amount of memory needed for implementing the resulting supervisors, called inequality supervisors. An example...... that the solution can be implemented in a distributed control architecture utilising DES concepts such as nonconflicting and nonblocking....

  9. Giving Reasons, A Contribution to Argumentation Theory

    Directory of Open Access Journals (Sweden)

    Lilian Bermejo-Luque

    2011-10-01

    Full Text Available In Giving Reasons: A Linguistic-pragmatic-approach to Argumentation Theory (Springer, 2011, I provide a new model for the semantic and pragmatic appraisal of argumentation. This model is based on a characterization of argumentation as a second order speech-act complex. I explain the advantages of this model respecting other proposals within Argumentation Theory, such as Pragma-dialectics, Informal Logic, the New Rhetoric or the Epistemic Approach.

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

    African Journals Online (AJOL)

    21892687

    methodology;. To promote, encourage and support published research by clinicians. .... Student pairs also have to attend compulsory 45-minute tutorials weekly with their ... client teaching model, plenary lectures, tutorials and simulations.

  11. 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.

  12. Legal Issues in the Use of Student Test Scores and Value-Added Models (VAM) to Determine Educational Quality

    Science.gov (United States)

    Pullin, Diana

    2013-01-01

    A growing number of states and local schools across the country have adopted educator evaluation and accountability programs based on the use of student test scores and value-added models (VAM). A wide array of potential legal issues could arise from the implementation of these programs. This article uses legal analysis and social science evidence…

  13. The Dutch model for legalizing end-of-life decisions.

    Science.gov (United States)

    Kater, Loes

    2003-01-01

    The Dutch experience with euthanasia is used as a model for other countries for regulating end-of-life decisions. Several elements of the Dutch debate, for example the definition of euthanasia, are copied and imported to other debates. This paper studies the specific Dutch construction of regulating euthanasia and the concept of the requirements of prudent practice. The requirements of prudent practice embody the conditions for careful medical management in end-of-life decisions. It is argued that the requirements of prudent practice are a relatively acceptable way of regulating the Dutch practice of euthanasia as they are embedded in an elaborate network of relations, standards and values. As a consequence of this local character and the way the requirements of prudent practice relate to the Dutch practice of euthanasia it is difficult to simply transport them to other countries in order to regulate euthanasia.

  14. Multi-Draft Composing: An Iterative Model for Academic Argument Writing

    Science.gov (United States)

    Eckstein, Grant; Chariton, Jessica; McCollum, Robb Mark

    2011-01-01

    Post-secondary writing teachers in composition and English as a second language (ESL) writing programs are likely familiar with multi-draft composing. Both composition and ESL writing programs share nearly identical multi-draft models despite the very unique and different cultures of each group. We argue that multi-draft composing as it is…

  15. An argument for the chicken embryo as a model for the developmental toxicological effects of the polyhalogenated aromatic hydrocarbons (PHAHs)

    Energy Technology Data Exchange (ETDEWEB)

    Henshel, D.S. [Indiana Univ., Bloomington, IN (United States). School of Public and Environmental Affairs

    1996-12-31

    This article will present the argument that the chicken embryo is especially appropriate as an animal model for studying the mechanism of the developmental toxicological effects of the polyhalogenated aromatic hydrocarbons (PHAHs). The PHAHs are a group of toxicologically related compounds including, in part, the polychlorinated dibenzodioxins, dibenzofurans and biphenyls. The chicken (Gallus gallus) embryo is relatively sensitive to the toxicological effects of the PHAHs being approximately two orders of magnitude more sensitive than the mature bird. The chicken embryo has been used to demonstrate general toxicological teratogeneicity, hepatotoxicity and neurotoxicity. Many of these effects, or analogous effects, have also been observed in mammals and fish. Thus, most animals appear to respond to the PHAHs with a similar toxicological profile, indicating that many of the biomarkers used for the PHAHs are valid across a number of species, including the chicken. Furthermore, the chicken embryo is relatively inexpensive to use for toxicity testing. In addition, all effects detected are due to direct effects on the embryo and are not complicated by maternal interactions. In short, for sensitivity, ease of use, cost and applicability of results to other animals, the chicken embryo is an excellent animal model for evaluation of the mechanism underlying the developmental toxicological effects of the PHAHs.

  16. 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)

  17. Evidence Assessment in Refugee Law with Stories and Arguments

    NARCIS (Netherlands)

    Bex, F.J.; Bex-Reimert, Viola

    2016-01-01

    In this article, we aim analyse whether a systematic method for reasoning with evidence in legal cases – the hybrid theory of stories and arguments – can be applied to a novel legal domain, namely European asylum law. This analysis serves as a case study for testing the applicability of the hybrid t

  18. 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...

  19. 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...

  20. 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…

  1. 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....

  2. Authorship of scientific articles within an ethical-legal framework: quantitative model

    Directory of Open Access Journals (Sweden)

    Martha Y. Vallejo

    2012-12-01

    Full Text Available Determining authorship and the order of authorship in scientific papers, in modern interdisciplinary and interinstitutional science, has become complex at a legal and ethical level. Failure to define authorship before or during the research, creates subsequent problems for those considered authors of a publication or lead authors of a work, particularly so, once the project or manuscript is completed. This article proposes a quantitative and qualitative model to determine authorship within a scientific, ethical and legal frame. The principles used for the construction of this design are based on 2 criteria: a stages of research and scientific method involving: 1. Planning and development of the research project, 2. Design and data collection, 3. Presentation of results, 4. Interpretation of results, 5. Manuscript preparation to disseminate new knowledge to the scientific community, 6. Administration and management, and b weighting coefficients in each phase, to decide on authorship and ownership of the work. The model also considers and distinguishes whether the level and activity performed during the creation of the work and the diffusion of knowledge is an intellectual or practical contribution; this distinction both contrasts and complements the elements protected by copyright laws. The format can be applied a priori and a posteriori to the completion of a project or manuscript and can conform to any research and publication. The use of this format will quantitatively resolve: 1. The order of authorship (first author and co-author order, 2. Determine the inclusion and exclusion of contributors, taking into account ethical and legal principles, and 3. Percentages of economic rights for each authors.

  3. Argumentation on Procedural Legal Consequence of the Procedural Violations---A Survey of Violations about the Investigatory Activity%程序性法律后果制度--以侦查违法行为为例

    Institute of Scientific and Technical Information of China (English)

    李英祥; 张蕊

    2014-01-01

    程序性法律后果乃是针对程序性违法行为适用的不同程序,而非对违法行为主体的不利后果。根据程序的本质特征,程序性法律后果应该有程序继续进行、退回到违法行为产生的那个阶段、转入另一个诉讼阶段、诉讼直接终止四种形式,且适用何种后果应当与该违法行为所侵犯的权利类型相对应,与实体性法律后果相协调。%Procedural legal consequence is the procedure applied to procedural illegal act , but not the adverse consequence of illegal behavior .According to the substantive characteristics of procedure , procedural legal conse-quences can be divided into four formats:the proceeding of the existing procedure , retreating to the stage when the illegal behavior performed , shifting to another procedure and terminating the lawsuit procedure .Every format of procedural legal consequence is supposed to correspond to the right infringed and be consistent with substantive le -gal consequence .

  4. 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…

  5. The Performance of Literature as Argument.

    Science.gov (United States)

    Hershey, Lewis

    1988-01-01

    Reviews scholarship on the interdependence of rhetoric and poetic language, and proposes a performance as argument model for the oral interpretation of literature. Relates the model to current work on the relationship of narrative to argument and suggests benefits gained from its adoption. (SR)

  6. 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…

  7. 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…

  8. 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)

  9. Domestic Partners and "The Choice Argument": Quo Vadis?

    Directory of Open Access Journals (Sweden)

    Ben Coetzee Bester

    2015-04-01

    Full Text Available In the absence of formal legal recognition, domestic partners are required to regulate the consequences of their relationship by utilising alternative regulatory measures and remedies which are, for the most part, inadequate. The traditional justification used to differentiate between domestic partners and spouses is known by some as the choice argument. The choice argument is based on the rationale that persons who choose not to marry cannot claim spousal benefits. It understands choice narrowly as it takes into account only an objective legal impediment to marriage. As such, it has been the driving force behind the non-recognition of heterosexual domestic partnerships. Same-sex domestic partnerships, on the other hand, have until recently been recognised under the choice argument on an ad hoc basis, as there existed an objective legal impediment to their marriage, namely their sexual orientation. According to the majority of legal commentators the enactment of the Civil Union Act 17 of 2006 removed the objective legal impediment against same-sex marriage. They therefore argue that the choice argument should now be applied to both heterosexual and same-sex domestic partners equally. However, the Constitutional Court has expressed some doubt as to the correctness of this assumption. Taking into consideration the choice argument's narrow understanding of choice, together with the possible unfair discrimination caused by its application, an alternative theoretical basis for the future recognition and regulation of domestic partnerships had to be found. Three possible solutions were investigated, namely the model of contextualised choice, the function-over-form approach, and finally the Smith model. Because of the invasive effect of the latter two approaches, this study advocates for the adoption of the model of contextualised choice. If adopted it would mean that the subjective considerations of domestic partners will be taken into account and

  10. A generalization of Dung's Abstract Framework for Argumentation

    DEFF Research Database (Denmark)

    Nielsen, Søren Holbech; Parsons, Simon

    2006-01-01

    One of the most widely studied systems of argumentation is the one described by Dung in a paper from 1995. Unfortunately, this framework does not allow for joint attacks on arguments, which we argue must be required of any truly abstract argumentation framework. A few frameworks can be said...... to allow for such interactions among arguments, but for various reasons we believe that these are inadequate for modelling argumentation systems with joint attacks. In this paper we propose a generalization of the framework of Dung, which allows for sets of arguments to attack other arguments. We extend...

  11. Integrated processing in multimodal argumentation

    NARCIS (Netherlands)

    Hoven, P.J. van den; Jiang, W.

    2011-01-01

    The question addressed in this paper is simple. If the argumentative function of a multimodal narrative text requires the integration of the information from different modes, among which verbal ones, what model for the order of processing and the integration of information do we need to adopt? Using

  12. Legal model of state coercion as to a special category of persons

    Directory of Open Access Journals (Sweden)

    Tatyana M. Sekretareva

    2016-09-01

    Full Text Available Objective to develop a legal model of state coercion against individuals with mental disorders. Methods dialectical method analysis synthesis description explanation. Results identifying features of the semantic and meaningful understanding of state coercion against persons with mental disorders allowed to designate state coercion in respect of special category of persons as an independent state coercion which has an interdisciplinary and multidisciplinary character. Scientific novelty for the first time the article investigated the place and role of state coercion in relation to special categories of persons in the system of legal policy means state coercion against a particular category of persons is considered as an independent form of state coercion. The classification of actors is proposed who are involved in the application of state coercion against persons with mental disorders as well as the structure of state coercion consisting of preventive measures suppressive measures measures to ensure proceedings in criminal civil cases cases of administrative offenses punishment other enforcement measures. Practical significance the research results can be used to improve the system of state coercion in the Russian Federation.

  13. 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…

  14. 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...

  15. 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 fro

  16. Thermodynamical Arguments against Evolution

    Science.gov (United States)

    Rosenhouse, Jason

    2017-01-01

    The argument that the second law of thermodynamics contradicts the theory of evolution has recently been revived by anti-evolutionists. In its basic form, the argument asserts that whereas evolution implies that there has been an increase in biological complexity over time, the second law, a fundamental principle of physics, shows this to be…

  17. 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…

  18. On Argument and Diagrams.

    Science.gov (United States)

    Kneupper, Charles W.

    1978-01-01

    Responds to Charles Willard's recommendations (in an article in "Communication Monographs," November 1976) that argument be viewed as an attempt to establish formal relationships among symbolic structures. Demonstrates flaws in this redefinition and shows argument diagrams to be theoretically and practically justifiable. (JMF)

  19. Defining Rhetorical Argumentation

    DEFF Research Database (Denmark)

    Kock, Christian Erik J

    2013-01-01

    rhetoric as practical reasoning, i.e., reasoning on proposals for action or choice, not on propositions that may be either true or false. Citing several contemporary philosophers, the article argues that such a definition acquits rhetorical argumentation of any culpable unconcern with truth and explains...... certain peculiar properties of it that tend to be under-theorized in argumentation theory....

  20. 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

  1. Disregarding the 'Hole Argument'

    CERN Document Server

    Roberts, Bryan W

    2014-01-01

    Jim Weatherall has suggested that Einstein's hole argument, as presented by Earman and Norton (1987), is based on a misleading use of mathematics. I argue on the contrary that Weatherall demands an implausible restriction on how mathematics is used. The hole argument, on the other hand, is in no new danger at all.

  2. 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.

  3. 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

  4. 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

  5. Using Semantic Wikis for Structured Argument in Medical Domain

    CERN Document Server

    Groza, Adrian

    2010-01-01

    This research applies ideas from argumentation theory in the context of semantic wikis, aiming to provide support for structured-large scale argumentation between human agents. The implemented prototype is exemplified by modelling the MMR vaccine controversy.

  6. LEGAL CONSCIOUSNESS AND LEGAL CULTURE

    OpenAIRE

    BOSHNO SVETLANA

    2016-01-01

    This chapter of the course manual in jurisprudence discloses the notion of legal consciousness. Comprehending law, legislation, principal state and legal institutes manifests itself in law enforcement. One shouldn't absolutize the role of legislation as it is, since it is only after texts of normative acts go through the prism of legal consciousness of the actor's personality, they convert into some behaviour patterns. Legal consciousness has a definite structure, it is divided into levels. L...

  7. 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.

  8. Argumentation and discourse

    Directory of Open Access Journals (Sweden)

    José Luiz Fiorin

    2014-06-01

    Full Text Available After demonstrating that studies of argumentation, which spread throughout modern linguistics from Ducrot and Anscombre’s pragmatics, do not align with discourse studies because, for these authors, argumentation is a fact of langue and not a discursive fact, this textaims to show how discursive theories can work with the issue of argumentation. They cannot be restricted to linguistic microanalysis as adopted by integrated pragmatics, although eventually they can make use of it. They should revisit the classical tradition. If, on the one hand, the rhetoric studied the discursive construction of arguments and on the other studied the antiphonic dimension of discourses, the discursive theories should inherit from the rhetoric work; that is, they should read it in the light of the theoretical issues expressed today. To inherit from rhetoric work means, therefore, taking into account centuries of previous studies, to describe according to current discursive studies the discursive mechanisms which enable the speaker to produce meaning effects that make the audience believe what is said; it also means to analyze the actual operational mode of argumentation, i.e., the dialogism in argumentation.

  9. 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.'

  10. 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

  11. Value-impregnated factual claims and slippery-slope arguments.

    Science.gov (United States)

    Helgesson, Gert; Lynøe, Niels; Juth, Niklas

    2017-03-01

    Slippery-slope arguments typically question a course of action by estimating that it will end in misery once the first unfortunate step is taken. Previous studies indicate that estimations of the long-term consequences of certain debated actions, such as legalizing physician-assisted suicide, may be strongly influenced by tacit personal values. In this paper, we suggest that to the extent that slippery-slope arguments rest on estimations of future events, they may be mere rationalizations of personal values. This might explain why there are proponents even for strikingly poor slippery-slope arguments.

  12. 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.

  13. "Evidence" Under a Magnifying Glass: Thoughts on Safety Argument Epistemology

    Science.gov (United States)

    Graydon, P. J.; Holloway, C. M.

    2015-01-01

    Common definitions of "safety case" emphasize that evidence is the basis of a safety argument, yet few widely referenced works explicitly define "evidence". Their examples suggest that similar things can be regarded as evidence. But the category evidence seems to contain (1) processes for finding things out, (2) information resulting from such processes, and (3) relevant documents. Moreover, any item of evidence could be replaced by further argument. Normative models of informal argumentation do not offer clear guidance on when a safety argument should cite evidence rather than appeal to a more detailed argument. Disciplines such as the law address the problem with a practical, domain-specific epistemology. In this paper, we explore these problems associated with evidence citations in safety arguments, identify goals for a theory of safety argument evidence and a practical safety argument epistemology, propose a model of safety evidence citation that advances the identified goals, and present a related extension to the Goal Structuring Notation (GSN).

  14. The argument from transfer.

    Science.gov (United States)

    Munthe, Christian

    1996-01-01

    Utilitarian arguments on bioethical issues regarding human reproduction typically start with the view that it is wrong, other things being equal, not to procreate when this would have resulted in an additional being with a life worth living. The paper takes this view for granted and examines the common utilitarian claim that overpopulation and destitution in the world mean that, in practice, this obligation to procreate, other things being equal, often turns into a (categorical) obligation not to procreate. A version of this argument is defended -- a version called the argument from transfer -- according to which, rather than having additional children and care for them in order to make them happy, many people in the West ought to abstain from procreation and take care of destitute children already existing. The reasoning leading up to this conclusion raises some philosophical questions, seldom discussed in connection with bioethics, which indicate that the argument from transfer, although supporting the claim above, cannot neutralise the obligation to create more happy people as easily as assumed by utilitarians. It is argued that the argument from transfer may place many people facing the choice of procreation in a peculiar moral dilemma.

  15. Thermodynamical Arguments Against Evolution

    Science.gov (United States)

    Rosenhouse, Jason

    2017-02-01

    The argument that the second law of thermodynamics contradicts the theory of evolution has recently been revived by anti-evolutionists. In its basic form, the argument asserts that whereas evolution implies that there has been an increase in biological complexity over time, the second law, a fundamental principle of physics, shows this to be impossible. Scientists have responded primarily by noting that the second law does not rule out increases in complexity in open systems, and since the Earth receives energy from the Sun, it is an open system. This reply is correct as far as it goes, and it adequately rebuts the most crude versions of the second law argument. However, it is insufficient against more sophisticated versions, and it leaves many relevant aspects of thermodynamics unexplained. We shall consider the history of the argument, explain the nuances various anti-evolution writers have brought to it, and offer thorough explanations for why the argument is fallacious. We shall emphasize in particular that the second law is best viewed as a mathematical statement. Since anti-evolutionists never make use of the mathematical structure of thermodynamics, invocations of the second law never contribute anything substantive to their discourse.

  16. Legal Hybrids

    DEFF Research Database (Denmark)

    Herrmann, Janne Rothmar

    2009-01-01

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

  17. Reasoning Serves Argumentation in Children

    Science.gov (United States)

    Mercier, Hugo

    2011-01-01

    The argumentative theory of reasoning (Mercier & Sperber, in press) claims that reasoning evolved for argumentation: to find and evaluate arguments in dialogic contexts. The theory has drawn most of its supportive evidence from work with adults, leaving open the possibility that argumentive features of reasoning are in fact entirely learned.…

  18. Assessing liability with argumentation maps : an application in aviation law

    NARCIS (Netherlands)

    Contissa, Giuseppe; Laukyte, Migle; Sartor, Giovanni; Schebesta, H.

    2013-01-01

    In this paper we present an application of argument maps for assessing liability in the field of Air Traffic Management (ATM), developed within the ALIAS (Addressing the Liability Impact of Automated Systems) project. Such maps are used for presenting legal concepts and norms to lawyers and non lawy

  19. The Language of Argumentation

    Science.gov (United States)

    Taylor, Laurie

    2013-01-01

    Using scientific debate focuses students on the real-life applications and implications of science and increases their reasoning skills, presentation skills, and science content knowledge. In this article, the author defines an "argument" as a position based on evidence and a "debate" as a formal setting in which two teams…

  20. Justification and Argumentation

    Directory of Open Access Journals (Sweden)

    Szymanek Krzysztof

    2014-03-01

    Full Text Available In her paper “Argumentation theory and the conception of epistemic justification”, Lilian Bermejo-Luque presents a critique of deductivism in argumentation theory, as well as her own concept of epistemic justification inspired by the views of Stephen Toulmin. Reading this paper induced me to reflect on the mutual relation between the notions of justification and argumentation. In this work I would like to first draw the reader’s attention to a few issues which seem debatable to me, or which I find worth presenting from a slightly different point of view than that of Lilian Bermejo-Luque. I agree that deductivism is not suitable for a general theory of evaluation of arguments although the critique of deductivism presented by the Author appears as not fully adequate to me. Then I proceed to presenting my doubts about the “conception of justification as a proper outcome of good argumentation” presented in the work. I need to emphasise that due to a broad range of topics addressed by me in this short paper, the description of some of them will be neither fully precise nor exhaustive.

  1. Framing for Scientific Argumentation

    Science.gov (United States)

    Berland, Leema K.; Hammer, David

    2012-01-01

    In recent years, research on students' scientific argumentation has progressed to a recognition of nascent resources: Students can and do argue when they experience the need and possibility of persuading others who may hold competing views. Our purpose in this article is to contribute to this progress by applying the perspective of framing to the…

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

    OpenAIRE

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

    2014-01-01

    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 s...

  3. Chronology violation and the Cosmological Argument

    CERN Document Server

    Romero, G E

    2003-01-01

    The Kalam Cosmological Argument is perhaps the most solid and widly discussed argument for a caused creation of the universe. The usual objections to the argument mainly focus on the second premise. In this paper we discuss the dependency of the first premise on the topological structure of the space-time manifold adopted for the underlying cosmological model. It is shown that in chronology-violating space-times the first premise is also violated. The chronology-violation, in turn, requires a massive violation of the so-called energy conditions which could have observational effects that are briefly discussed here. Hence, astronomical observations could be relevant for the validity of the metaphysical argument. In this sense, it is possible to talk of "observational theology".

  4. The Dispute Settlement Model of Regional Head Election Perspective Theory of Legal System in Indonesia

    Directory of Open Access Journals (Sweden)

    Dedi Mulyadi

    2017-03-01

    Full Text Available The effectiveness of law enforcement depends on three law aspects; those are the structure of law, the substance of the law, and legal culture. Law structure is about the law enforcers, law substance is about the legislative means, and law culture is about a living law adopted by society. This study defines the background of simultaneous regional head elections in Indonesia, the problems of the simultaneous regional head elections in Indonesia, and the implementation of legal system theory to solve the simultaneous regional head election problems in Indonesia. The research method used is normative juridical with the specification of descriptive analysis research. The result of the research is needed permanent law structures that cover (Election Police, Election Prosecutor, Election lawyer, and Election Jury, the law substance through the issuing of general regulations (lex general which can integrate the Laws of Legislative, Presidential, and Regional Head Elections (lex specialist and the legal culture of society as human behavior (including the legal culture of law enforcement officers on the electoral law and law system that are in force at the moment.

  5. Legal terminology

    DEFF Research Database (Denmark)

    Engberg, Jan

    2013-01-01

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

  6. Planning Argumentative Texts

    CERN Document Server

    Huang, X

    1994-01-01

    This paper presents \\proverb\\, a text planner for argumentative texts. \\proverb\\'s main feature is that it combines global hierarchical planning and unplanned organization of text with respect to local derivation relations in a complementary way. The former splits the task of presenting a particular proof into subtasks of presenting subproofs. The latter simulates how the next intermediate conclusion to be presented is chosen under the guidance of the local focus.

  7. 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.

  8. Hidden circuits and argumentation

    Science.gov (United States)

    Leinonen, Risto; Kesonen, Mikko H. P.; Hirvonen, Pekka E.

    2016-11-01

    Despite the relevance of DC circuits in everyday life and schools, they have been shown to cause numerous learning difficulties at various school levels. In the course of this article, we present a flexible method for teaching DC circuits at lower secondary level. The method is labelled as hidden circuits, and the essential idea underlying hidden circuits is in hiding the actual wiring of DC circuits, but to make their behaviour evident for pupils. Pupils are expected to find out the wiring of the circuit which should enhance their learning of DC circuits. We present two possible ways to utilise hidden circuits in a classroom. First, they can be used to test and enhance pupils’ conceptual understanding when pupils are expected to find out which one of the offered circuit diagram options corresponds to the actual circuit shown. This method aims to get pupils to evaluate the circuits holistically rather than locally, and as a part of that aim this method highlights any learning difficulties of pupils. Second, hidden circuits can be used to enhance pupils’ argumentation skills with the aid of argumentation sheet that illustrates the main elements of an argument. Based on the findings from our co-operating teachers and our own experiences, hidden circuits offer a flexible and motivating way to supplement teaching of DC circuits.

  9. Democracy, Argument and the University.

    Science.gov (United States)

    Myerson, George

    1995-01-01

    Based on the idea that universities are places in which argument is an essential element, the standards that should apply to such argument are examined, drawing on the literature of communication, persuasion, and educational philosophy. A variety of perspectives are examined and critiqued, and it is concluded that regulation of argument is a…

  10. from tenuous legal arguments to securitization and benefit sharing

    African Journals Online (AJOL)

    eliasn

    hydrographic region of the Middle East and North Africa where “negative hegemonic ..... would ensure the complete freedom of the new state from the colonial commitments the ... (Nyerere's speech of 30 November 1961 before the National ...

  11. Assessing Cognitive and Affective Empathy Through the Interpersonal Reactivity Index: An Argument Against a Two-Factor Model.

    Science.gov (United States)

    Chrysikou, Evangelia G; Thompson, W Jake

    2016-12-01

    One aspect of higher order social cognition is empathy, a psychological construct comprising a cognitive (recognizing emotions) and an affective (responding to emotions) component. The complex nature of empathy complicates the accurate measurement of these components. The most widely used measure of empathy is the Interpersonal Reactivity Index (IRI). However, the factor structure of the IRI as it is predominantly used in the psychological literature differs from Davis's original four-factor model in that it arbitrarily combines the subscales to form two factors: cognitive and affective empathy. This two-factor model of the IRI, although popular, has yet to be examined for psychometric support. In the current study, we examine, for the first time, the validity of this alternative model. A confirmatory factor analysis showed poor model fit for this two-factor structure. Additional analyses offered support for the original four-factor model, as well as a hierarchical model for the scale. In line with previous findings, females scored higher on the IRI than males. Our findings indicate that the IRI, as it is currently used in the literature, does not accurately measure cognitive and affective empathy and highlight the advantages of using the original four-factor structure of the scale for empathy assessments. © The Author(s) 2015.

  12. Events, Arguments, and Aspects

    DEFF Research Database (Denmark)

    Robering, Klaus

    2014-01-01

    Verbs do often take arguments of quite different types. In an orthodox type-theoretic framework this results in an extreme polysemy of many verbs. In this article, it is shown that this unwanted consequence can be avoided when a theory of "abstract objects" is adopted according to which...... these objects represent non-objectual entities in contexts from which they are excluded by type restrictions. Thus these objects are "abstract'' in a functional rather than in an ontological sense: they function as representatives of other entities but they are otherwise quite normal objects. Three examples...

  13. Research Challenges for Argumentation

    OpenAIRE

    2008-01-01

    The first articles on argumentation in computer science appeared circa 20 years ago. Since then we have seen great advances, establishing a solid theoretical basis, a broad canvas of applications, and, most recently, some realistic implementations. The field has gone from infancy to maturity, and the initial questions that researchers posed— "how do we do this?", "what is it good for?" and "how do we implement it’?"—are mostly answered.

  14. 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

  15. The sizes of mini-voids in the local universe: an argument in favor of a warm dark matter model?

    CERN Document Server

    Tikhonov, A V; Yepes, G; Hoffman, Y

    2009-01-01

    Using high-resolution simulations within the Cold and Warm Dark Matter models we study the evolution of small scale structure in the Local Volume, a sphere of 8 Mpc radius around the Local Group. We compare the observed spectrum of mini-voids in the Local Volume with the spectrum of mini-voids determined from the simulations. We show that the \\LWDM model can easily explain both the observed spectrum of mini-voids and the presence of low-mass galaxies observed in the Local Volume, provided that all haloes with circular velocities greater than 20 km/s host galaxies. On the contrary within the \\LCDM model the distribution of the simulated mini-voids reflects the observed one if haloes with maximal circular velocities larger than $35 \\kms$ host galaxies. This assumption is in contradiction with observations of galaxies with circular velocities as low as 20 km/s in our Local Universe. A potential problem of the \\LWDM model could be the late formation of the haloes in which the gas can be efficiently photo-evaporat...

  16. Muslim Legal Norms and the Integration of European Muslims

    OpenAIRE

    Malik, Maleiha

    2009-01-01

    MUSMINE - Muslim Minorities in Europe This paper examines the potential for accommodating Muslim legal and ethical norms within European liberal democracies. It focuses on areas of personal life such as family norms and ethics. The main argument of the paper is that in some areas - such as divorce or contract law - there is potential for accommodating Muslim legal and ethical norms within mainstream political and legal institutions. The advantage of this strategy is that it can encourage M...

  17. 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.…

  18. 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.…

  19. Implementation of legal abortion in Nepal: a model for rapid scale-up of high-quality care

    Directory of Open Access Journals (Sweden)

    Samandari Ghazaleh

    2012-04-01

    Full Text Available Abstract Unsafe abortion's significant contribution to maternal mortality and morbidity was a critical factor leading to liberalization of Nepal's restrictive abortion law in 2002. Careful, comprehensive planning among a range of multisectoral stakeholders, led by Nepal's Ministry of Health and Population, enabled the country subsequently to introduce and scale up safe abortion services in a remarkably short timeframe. This paper examines factors that contributed to rapid, successful implementation of legal abortion in this mountainous republic, including deliberate attention to the key areas of policy, health system capacity, equipment and supplies, and information dissemination. Important elements of this successful model of scaling up safe legal abortion include: the pre-existence of postabortion care services, through which health-care providers were already familiar with the main clinical technique for safe abortion; government leadership in coordinating complementary contributions from a wide range of public- and private-sector actors; reliance on public-health evidence in formulating policies governing abortion provision, which led to the embrace of medical abortion and authorization of midlevel providers as key strategies for decentralizing care; and integration of abortion care into existing Safe Motherhood and the broader health system. While challenges remain in ensuring that all Nepali women can readily exercise their legal right to early pregnancy termination, the national safe abortion program has already yielded strong positive results. Nepal's experience making high-quality abortion care widely accessible in a short period of time offers important lessons for other countries seeking to reduce maternal mortality and morbidity from unsafe abortion and to achieve Millennium Development Goals.

  20. Legalization: A High-Risk Alternative in the War on Drugs.

    Science.gov (United States)

    Inciardi, James A.; McBride, Duane C.

    1989-01-01

    Analyzes the major proposals for drug legalization and discusses the possible consequences of these efforts if successful. Argues that the legalization of drugs would be an extremely complex undertaking and that most calls for such action do not offer specific proposals. Points out research that supports arguments against legalization of drugs.…

  1. Legalization: A High-Risk Alternative in the War on Drugs.

    Science.gov (United States)

    Inciardi, James A.; McBride, Duane C.

    1989-01-01

    Analyzes the major proposals for drug legalization and discusses the possible consequences of these efforts if successful. Argues that the legalization of drugs would be an extremely complex undertaking and that most calls for such action do not offer specific proposals. Points out research that supports arguments against legalization of drugs.…

  2. From Refugees to Immigrants: The Legalization Strategies of Salvadoran Immigrants and Activists.

    Science.gov (United States)

    Coutin, Susan Bibler

    1998-01-01

    Discusses issues of policy redefinition, legal categorization, and immigrants' agency by examining the legalization strategies pursued by Salvadoran immigrants from the 1980s to the present. Demonstrates how arguments were connected to United States . foreign policy, human-rights violations in Central America, and other political legal issues.…

  3. From Refugees to Immigrants: The Legalization Strategies of Salvadoran Immigrants and Activists.

    Science.gov (United States)

    Coutin, Susan Bibler

    1998-01-01

    Discusses issues of policy redefinition, legal categorization, and immigrants' agency by examining the legalization strategies pursued by Salvadoran immigrants from the 1980s to the present. Demonstrates how arguments were connected to United States . foreign policy, human-rights violations in Central America, and other political legal issues.…

  4. 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...

  5. Explicit Argumentation Instruction to Facilitate Conceptual Understanding and Argumentation Skills

    Science.gov (United States)

    Cetin, Pinar Seda

    2014-01-01

    Background: Argumentation is accepted by many science educators as a major component of science education. Many studies have investigated students' conceptual understanding and their engagement in argumentative activities. However, studies conducted in the subject of chemistry are very rare. Purpose: The present study aimed to investigate the…

  6. Legal Ice?

    DEFF Research Database (Denmark)

    Strandsbjerg, Jeppe

    The idealised land|water dichotomy is most obviously challenged by ice when ‘land practice’ takes place on ice or when ‘maritime practice’ is obstructed by ice. Both instances represent disparity between the legal codification of space and its social practice. Logically, then, both instances call...... for alternative legal thought and practice; in the following I will emphasise the former and reflect upon the relationship between ice, law and politics. Prior to this workshop I had worked more on the relationship between cartography, geography and boundaries than specifically on ice. Listening to all...... the interesting conversations during the workshop, however, made me think that much of the concern with the Polar Regions in general, and the presence of ice in particular, reverberates around the question of how to accommodate various geographical presences and practices within the regulatory framework that we...

  7. Explicit argumentation instruction to facilitate conceptual understanding and argumentation skills

    Science.gov (United States)

    Seda Cetin, Pinar

    2014-01-01

    Background: Argumentation is accepted by many science educators as a major component of science education. Many studies have investigated students' conceptual understanding and their engagement in argumentative activities. However, studies conducted in the subject of chemistry are very rare. Purpose: The present study aimed to investigate the effects of argumentation-based chemistry lessons on pre-service science teachers' understanding of reaction rate concepts, their quality of argumentation, and their consideration of specific reaction rate concepts in constructing an argument. Moreover, students' perceptions of argumentation lessons were explored. Sample: There were 116 participants (21 male and 95 female), who were pre-service first-grade science teachers from a public university. The participants were recruited from the two intact classes of a General Chemistry II course, both of which were taught by the same instructor. Design and methods: In the present study, non-equivalent control group design was used as a part of quasi-experimental design. The experimental group was taught using explicit argumentation activities, and the control group was instructed using traditional instruction. The data were collected using a reaction rate concept test, a pre-service teachers' survey, and the participants' perceptions of the argumentation lessons questionnaire. For the data analysis, the Wilcoxon Signed Rank Test, the Mann-Whitney U-test and qualitative techniques were used. Results: The results of the study indicated that an argumentation-based intervention caused significantly better acquisition of scientific reaction rate-related concepts and positively impacted the structure and complexity of pre-service teachers' argumentation. Moreover, the majority of the participants reported positive feelings toward argumentation activities. Conclusions: As students are encouraged to state and support their view in the chemistry classroom when studying reaction rate, it was

  8. Test Fairness and Toulmin's Argument Structure

    Science.gov (United States)

    Kunnan, Antony John

    2010-01-01

    This paper presents the author's response to Xiaoming Xi's article titled "How do we go about investigating test fairness?" In this response, the author focuses on test fairness and Toulmin's model of argument structure, Xi's proposal, and the challenges the proposal brings. Xi proposes an approach to investigating test fairness to guide…

  9. Een Scotistisch argument voor dualisme

    NARCIS (Netherlands)

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

  10. 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...

  11. 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…

  12. 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...

  13. Collaborative argumentation in academic education

    NARCIS (Netherlands)

    Veerman, A.; Andriessen, J.; Kanselaar, G.

    2002-01-01

    The general purpose of this research is to discover principles for the design of educational tasks that provoke collaborative argumentation. The specific research question concentrates on the relationship between question asking and argumentation and is examined in three different collaborative lear

  14. 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…

  15. 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.

  16. 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.

  17. CLAD DEGRADATION - FEPS SCREENING ARGUMENTS

    Energy Technology Data Exchange (ETDEWEB)

    R. Schreiner

    2004-10-21

    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.

  18. A formal account of complex argumentation in a critical discussion

    NARCIS (Netherlands)

    Visser, J.; Mohammed, D.; Lewiński, M.

    2013-01-01

    In this paper, I present a dialogue game approach to the argumentation stage of a critical discussion. This formal perspective on the pragma-dialectical ideal model is meant to facilitate a contribution of pragma-dialectical theorising to the field of argumentation and computation. The dialogue game

  19. Viewing a Poem as Argument: Helping Students Understand Contemporary Poetry

    Science.gov (United States)

    Bauer, Sara

    2008-01-01

    When high school honors students were put off by contemporary poetry, the author engaged them by analyzing the poem as an "argument." Using the Toulmin model to establish a warrant, advance a claim, and locate details to support that claim, students were able, by treating a poem as an argument, to increase their understanding of the…

  20. Teaching and Learning Argumentation in English: A Dialogic Approach

    Science.gov (United States)

    VanDerHeide, Jennifer; Juzwik, Mary; Dunn, Mandie

    2016-01-01

    Various instructional approaches have been laid out for conceptualizing argumentation talk and writing in English classrooms. One prominent, and historically durable, approach is formalist--teachers slot the teaching of argument into a form-based approach, usually using the 5-paragraph theme. This model too often fails to persuade students of the…

  1. Smoking Cues, Argument Strength, and Perceived Effectiveness of Antismoking PSAs

    Science.gov (United States)

    Cappella, Joseph. N.; Lerman, Caryn; Strasser, Andrew A.

    2011-01-01

    Introduction: The study examines the effectiveness of antismoking public service announcements (PSAs) among adult smokers as a function of smoking cues and the argument strength of the PSAs. Consistent with the previous cue-reactivity studies, smoking cues are defined as one of the following visual scenes: (a) objects associated with smoking, (b) holding or handling cigarettes, and (c) actual smoking behaviors. Argument strength indicates smoker's judgments of perceived strength and persuasiveness of the arguments extracted from the PSAs. Methods: Data were collected through a web-based experiment of a random sample of general population of smokers (n = 566 adults aged 19 years or older). Each participant was shown 4 PSAs randomly selected from a set of 60. Data were analyzed using multilevel modeling to assess the effects of smoking cues and argument strength. Effectiveness measures include perceived persuasiveness, transportation, valenced thought, negative emotion, and smoking-related thoughts. Results: Argument strength is a significant predictor of outcome variables. Although there were no significant main effects of smoking cues on any outcome variables, smoking cues were found to interact with argument strength such that the association between argument strength and outcome variables became weaker for PSAs in the smoking cue condition compared with those in the no-cue condition. Conclusions: The interaction between smoking cues and argument strength suggests that smoking cues in antismoking PSAs undermine a significant part of what makes PSAs effective—their arguments against smoking. In designing antismoking messages, the inclusion of smoking cues should be weighed carefully. PMID:21330273

  2. Brainstorming Versus Arguments Structuring in Online Forums

    Directory of Open Access Journals (Sweden)

    Abdulrahman Alqahtani

    2016-10-01

    Full Text Available We characterize electronic discussion forums as being of one of the following two types: Brainstorming Forums and Arguments Structuring Forums. In this work we analyze and classify the types of threading models occurring as a function of the type of forum. For our analysis we study forums attached to the 25 news sources most used by the aggregator Google News, as detected by a 2007 study. Most discussion forums associated with articles on these news sources seem to be designed not with the purpose of structuring arguments but mainly with the purpose of helping readers brainstorm easily their reactions to the corresponding news item. The forums were classified as to what user-supported metadata they gather and use in comment presentation. We compare the features observed for brainstorming forums, as learned via the aforementioned procedure, with the fea-tures of dedicated argument structuring forums. The argument structuring forums that were used as basis of the comparison are: YourView, DebateDecide, and Opinion Space. We notice significant differences in the obtained models for the two types of forums, as well as significant differences with respect to the the structuring of user submitted data in polls associated with major news channels. We believe that this is the first kind of work that deals with the issue above.

  3. Assessing and Supporting Argumentation with Online Rubrics

    Science.gov (United States)

    Lu, Jingyan; Zhang, Zhidong

    2013-01-01

    Writing and assessing arguments are important skills and there is evidence that using rubrics to assess the arguments of others can help students write better arguments. Thus, this study investigated whether students were able to write better arguments after using rubrics to assess the written arguments by peers. Students in 4 secondary 4 classes…

  4. 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....

  5. Argument z celowości (The argument from design

    Directory of Open Access Journals (Sweden)

    Richard Swinburne

    2012-06-01

    Full Text Available Author argues that there are no formal fallacies in the argument from design, if the argument is articulated with suffi cient care. According to modern science, he distinguishes two types of order or harmony in the world: regularities of co-presence and regularities of succession. He goes on to claim that Hume’s criticism directed against the argument from design, presented in Dialogues Concerning Natural Religion, used as its premises regularities of co-presence other than those produced by men, and did not appeal to the operation of regularities of succession. But a more developed science than Hume knew, more often appeals to the analogy of the order between the regularities of succession produced by human agents and those produced by the operation of natural laws. How strong this analogy is depends on whether the conclusion of the argument from design is true.

  6. Argument, Argumentation and Critical Thinking in Academic Writing

    Institute of Scientific and Technical Information of China (English)

    夏君君

    2013-01-01

    Academic writing has been emphasized for years among English major students, and PhD students who need to pub-lish their work in English, but few of these people could produce essays academically. The key problem that they are faced with is argument, argumentation and critical thinking in academic writing. These three notions are reviewed and the followed teaching preliminary suggestions are presented in this essay.

  7. Understanding the small object argument

    CERN Document Server

    Garner, Richard

    2007-01-01

    The small object argument is a transfinite construction which, starting from a set of maps in a category, generates a weak factorisation system on that category. As useful as it is, the small object argument has some problematic aspects: it possesses no universal property; it does not converge; and it does not seem to be related to other transfinite constructions occurring in categorical algebra. In this paper, we give an ``algebraic'' refinement of the small object argument, cast in terms of Grandis and Tholen's natural weak factorisation systems, which rectifies each of these three deficiencies.

  8. 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.

  9. 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

  10. 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.

  11. 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.

  12. 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.

  13. 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.

  14. Patterns in Students' Argumentation Confronted with a Risk-focused Socio-scientific Issue

    Science.gov (United States)

    Kolstø, Stein Dankert

    2006-11-01

    This paper reports a qualitative study on students’ informal reasoning on a controversial socio-scientific issue. Twenty-two students from four science classes in Norway were interviewed about the local construction of new power lines and the possible increased risk of childhood leukaemia. The focus in the study is on what arguments the students employ when asked about their decision-making and the interplay between knowledge and personal values. Five different types of main arguments are identified: the relative risk argument, the precautionary argument, the uncertainty argument, the small risk argument, and the pros and cons argument. These arguments are presented through case studies, and crucial information and values are identified for each argument. The students made use of a range of both scientific and non-scientific knowledge. The findings are discussed in relation to possible consequences for teaching models aimed at increasing students’ ability to make thoughtful decisions on socio-scientific issues.

  15. Commenting the article by P.Y. Kantor: сounter-arguments

    Directory of Open Access Journals (Sweden)

    Safuanov F.S.

    2016-03-01

    Full Text Available The article presents objections to the arguments set out in article «Revisiting an issue of mandatory assignment of complex forensic psychological and psychiatric examination of legal capability: pro arguments» by P.Yu. Kantor in favor of legislative recognition of mandatory complex forensic psychological and psychiatric examination of legal capability in the case of adjudge a citizen incapable due to mental disorder. From the point of view of the theory and methodology of complex forensic psychological and psychiatric examination, the authors inappropriately constrict competence limits of forensic psychiatrists and ignore the possibility and the need to integrate medical and psychological knowledge in forensics. P. Yu. Kantor’s theses about the total dominance of psychiatric examinations in civil proceedings and a painful and humiliating for subject forensic psychiatric examination in Russia are objectionable. The present paper shows negative organizational and legal consequences of this legal norm and proposes a wide interdisciplinary discussion on the problem.

  16. 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

  17. 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...

  18. Specialization of the Land Administration Domain Model (LADM): An Option for Expanding the Legal Profiles

    NARCIS (Netherlands)

    Paasch, J.; Van Oosterom, P.; Paulsson, J.; Lemmen, C.

    2013-01-01

    The Land Administration Domain Model, LADM, passed on the 1st of November 2012 unanimously the final vote towards becoming an international standard, ISO 19152. Based on the standard this paper is a proposal for a more detailed classification of interests in land as modelled within LADM and an

  19. Which fine-tuning arguments are fine?

    CERN Document Server

    Grinbaum, Alexei

    2009-01-01

    The argument from naturalness is widely employed in contemporary quantum field theory. Essentially a formalized aesthetic criterion, it received a meaning in the debate on the Higgs mechanism, which goes beyond aesthetics. We follow the history of technical definitions of fine tuning at the scale of electroweak symmetry breaking. It is argued that they give rise to a special interpretation of probability, which we call Gedankenfrequency. By extension of its original meaning, the argument from naturalness is used to compare different models beyond the Standard Model. We show that in this case naturalness cannot be defined objectively. Rather, it functions as socio-historical heuristics in particle physics and it contributes to the advent of a probabilistic version of Popper's falsificationism.

  20. On Danish Legal Method

    DEFF Research Database (Denmark)

    Schaumburg-Müller, Sten

    2014-01-01

    On the basis on 1) the Danish legal writer A.S.Ørsted (1778-1860) and 2) an enquete among present day Danish legal scholars, the contribution deals with special traits in Danish legal method......On the basis on 1) the Danish legal writer A.S.Ørsted (1778-1860) and 2) an enquete among present day Danish legal scholars, the contribution deals with special traits in Danish legal method...

  1. Digital Audio Legal Recorder

    Data.gov (United States)

    Department of Transportation — The Digital Audio Legal Recorder (DALR) provides the legal recording capability between air traffic controllers, pilots and ground-based air traffic control TRACONs...

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

    Energy Technology Data Exchange (ETDEWEB)

    Armstrong, James M. [BAE Systems Systems Engineering Innovation Centre (SEIC), University of Loughborough (United Kingdom)]. E-mail: J.M.Armstrong@lboro.ac.uk; Paynter, Stephen E. [MBDA UK Ltd, Filton, Bristol (United Kingdom)]. E-mail: stephen.paynter@mbda.co.uk

    2007-11-15

    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)

  3. From connectives to argumentative markers: a quest for markers of argumentative moves and of related aspects of argumentative discourse

    NARCIS (Netherlands)

    A. Tseronis

    2011-01-01

    In this paper, I explore the potential of systematically studying the linguistic surface of discourse for the purposes of identifying markers of argumentative moves and other related categories, such as types of arguments and argumentative strategies. Such a list of argumentative markers can prove u

  4. 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 Costo Económico con Referencia Espacial y de Beneficio a la Biodiversidad y la Efectividad de una Estrategia de Determinación de Costos Resumen Entre 1990 y 2007, en promedio fueron cazados ilegalmente cada año 15 rinocerontes sureños blancos (Ceratotherium simum simum) y negros (Diceros bicornis) en Sudáfrica. Desde 2007 la caza ilegal de rinocerontes sureños blancos por su cuerno ha escalado a más de 950 individuos al año en 2013. Llevamos a cabo un análisis ecológico-económico para determinar si el comercio legal de cuerno de rinoceronte sureño blanco podría facilitar la protección del rinoceronte. Se usaron modelos lineales generalizados para examinar a los conductores socio-económicos de la caza furtiva, con base en datos colectados desde 1990 hasta 2013, y

  5. 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

  6. The Possibility and Actuality of Visual Arguments.

    Science.gov (United States)

    Blair, J. Anthony

    1996-01-01

    Analyzes visual argument as propositional argument in which the propositions and their argumentative functions are expressed visually, not verbally. Classifies visual argument as but one type of visual persuasion, which is but one type of visual communication, and a form of persuasion and rhetoric. Discusses advantages/disadvantages of visual…

  7. Legal English and Adapted Legal Texts

    Directory of Open Access Journals (Sweden)

    Alvyda Liuolienė

    2012-06-01

    Full Text Available The article aims at analysing the significance of authentic legal English text and adapted legal texts in ESP classes. The authors point out the advantages and disadvantages of legal texts and analyse the possibilities of their efficient application in the teaching process. At the initial stage of teaching English legalese, materials prepared specially for teaching purposes in textbooks seem to be more appropriate as they are adapted for a particular level for law students whereas in more advanced levels, authentic texts in a legal English classroom can more considerably contribute to the learning experience. The usage of both legal authentic materials and adapted legal texts have tangible impact on mastering legal English.

  8. 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.

  9. 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....

  10. 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.

  11. 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.

  12. Argumentative Function in Child Discourse.

    Science.gov (United States)

    Albano, Maria-Grazia; And Others

    1985-01-01

    Describes a study of preschool children's utterances and their context, intended to provide evidence of children's argumentative capacities. Shows how children, though perhaps not consciously, use language to intervene upon reality in order to modify a state of things by sensibly arguing their case. (SED)

  13. Bad Arguments Defending Racial Preference

    Science.gov (United States)

    Cohen, Carl

    2008-01-01

    Professor Cohen describes the arduous path to the passage of Proposition 2 in Michigan in 2006. In considering the reasons for its victory, he shows how claims (sometimes well-intended) "for" preferences rest on truly bad arguments. (Contains 8 footnotes.)

  14. Topological arguments for Kolmogorov complexity

    Directory of Open Access Journals (Sweden)

    Alexander Shen

    2012-08-01

    Full Text Available We present several application of simple topological arguments in problems of Kolmogorov complexity. Basically we use the standard fact from topology that the disk is simply connected. It proves to be enough to construct strings with some nontrivial algorithmic properties.

  15. 75 FR 62591 - Oral Argument

    Science.gov (United States)

    2010-10-12

    ... given of the scheduling of oral argument in the matters of: Hyginus U. Aguzie v. Office of Personnel Management, MSPB Docket Number DC-0731-09-0261-R-1; Jenee Ella Hunt-O'Neal v. Office of Personnel Management, MSPB Docket Number AT-0731-09-0240-I-1; James A. Scott v. Office of Personnel Management, MSPB...

  16. Automating Workflow using Dialectical Argumentation

    NARCIS (Netherlands)

    Urovi, Visara; Bromuri, Stefano; McGinnis, Jarred; Stathis, Kostas; Omicini, Andrea

    2008-01-01

    This paper presents a multi-agent framework based on argumentative agent technology for the automation of the workflow selection and execution. In this framework, workflow selection is coordinated by agent interactions governed by the rules of a dialogue game whose purpose is to evaluate the workflo

  17. 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...

  18. Beyond the Theoretical Rhetoric: A Proposal to Study the Consequences of Drug Legalization.

    Science.gov (United States)

    Yacoubian, George S., Jr.

    2001-01-01

    In this study, the arguments surrounding the drug legalization debate are synthesized into a proposal for future research. Such a proposal illustrates that the core elements surrounding drug legalization are not only testable, but that the time may be right to consider such an empirical effort. (Author)

  19. 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....

  20. Non-state actors and the international rule of law: revisiting the 'realist theory' of international legal personality

    OpenAIRE

    Nijman, J.E.; Noortmann, M.; Ryngaert, C.

    2010-01-01

    The present paper argues the inclusion of powerful, international NSAs in the category of 'international legal persons.' The argument builds on the generally accepted idea that for the purpose of both the protection and the accountability of entities within the international legal system, these should have the enhanced status of legal 'subject' rather than 'object.' Behind this legal reality lies the normative reality of the international rule of law ideal: powerful entities that operate to s...

  1. Historic And Legal Report On The Constitutional Right To Life

    Directory of Open Access Journals (Sweden)

    Juan I. Larrea Holguín

    2012-12-01

    Full Text Available Here are collected two reports about the possibility of decriminalizing abortion in Ecuador. Although they were issued on the basis of two bills that failed in the legislature, historical and legal arguments discharges there, take advantage for further development doctrinal matter.

  2. 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…

  3. 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.

  4. Persuasive argumentation as a cultural practice

    Directory of Open Access Journals (Sweden)

    Paweł Gałkowski

    2014-06-01

    Full Text Available In this article author traces relation between argumentation and cultural practice. The first part focuses on definition of argumentation in informal logic tradition. In particular, it discusses argument in terms of verbal and social activity involving the use of everyday language. Author claims that there is no argumentation beyond language. The second part explains persuasive argumentation as a form of cultural practice. The persuasive arguments found in “social practice” can be understood as a social activity, analysable within the context of a given cultural system. Author refers to an approach taking the argumentative expression as a certain type of communicative practice, directed towards respecting, recognising or accepting specific actions. The inclusion of persuasive argumentation in the “circuit of cultural activities” to be studied makes it possible to compare this type of argumentation with other social practices, and to posit a clear historical dimension in the study of argumentation. It also makes it possible to view persuasive argumentation as one of many cultural activities aimed at changing or perpetuating behaviours, attitudes, thinking, etc. The third part of the paper concerns the problem of humanistic interpretation of persuasive argumentation. Author attempts to develop this intuition, at the same time demonstrating the problems that arise from this approach. In conclusion, author tries to analyze argumentation in terms of culture theory and humanistic interpretation.

  5. 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.

  6. 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

  7. Probability Arguments in Criminal Law - Illustrated by the Case of Lucia de Berk

    Directory of Open Access Journals (Sweden)

    Herman Philipse

    2015-01-01

    Full Text Available Which logic of probability should be applied with regard to factual hypotheses in criminal cases? In this article, I discuss two possible logical reconstructions of the so-called Coincidence Argument, which played a crucial role in the conviction of Lucia de Berk by the Court of Appeal of The Hague (Gerechtshof ’s-Gravenhage in 2004. If the argument is construed as an instance of the Law of Likelihood, nothing follows with regard to the probability that Lucia was a serial killer. If, however, the Argument from Coincidence may be interpreted charitably as an instance of Bayesian updating, the Court of The Hague did not fathom the diversity of the data needed in order to make it sound. Clearly, the Court had an insufficient grasp of the logic involved in the Coincidence Argument. Since this example is not atypical, I recommend law faculties to include probability logic (inter alia in their courses on legal reasoning.

  8. 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.

  9. 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.

  10. The simplest formal argument for fitness optimization

    Indian Academy of Sciences (India)

    Alan Grafen

    2008-12-01

    The Formal Darwinism Project aims to provide a formal argument linking population genetics to fitness optimization, which of necessity includes defining fitness. This bridges the gulf between those biologists who assume that natural selection leads to something close to fitness optimization and those biologists who believe on theoretical grounds that there is no sense of fitness that can usefully be said to be optimized. The current paper’s main objective is to provide a careful mathematical introduction to the project, and it also reflects on the project’s scope and limitations. The central argument is the proof of close ties between the mathematics of motion, as embodied in the Price equation, and the mathematics of optimization, as represented by optimization programmes. To make these links, a general and abstract model linking genotype, phenotype and number of successful gametes is assumed. The project has begun with simple dynamic models and simple linking models, and its progress will involve more realistic versions of them. The versions given here are fully mathematically rigorous, but elementary enough to serve as an introduction.

  11. 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...

  12. Promoting Students' Attention to Argumentative Reasoning Patterns

    Science.gov (United States)

    Cavagnetto, Andy R.; Kurtz, Kenneth J.

    2016-01-01

    Argument-based interventions in science education have largely been motivated by the perspective that students lack knowledge of argument. Recent studies, however, suggest that contextual factors influence students' argument quality. The authors hypothesize that a key limiting factor lies in students' abilities to recognize when to employ…

  13. 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…

  14. Effects of Dyadic Interaction on Argumentative Reasoning.

    Science.gov (United States)

    Kuhn, Deanna; Shaw, Victoria; Felton, Mark

    1997-01-01

    Tested hypothesis that thinking about a topic enhances later reasoning quality about that topic. Found that, when young adolescents and adults discussed capital punishment, their range of different arguments increased, they shifted from one-sided to two-sided arguments, arguments were based within a framework of alternatives, and they were more…

  15. 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.

  16. The political economy of legal knowledge

    Directory of Open Access Journals (Sweden)

    Daniel Bonilla

    2015-01-01

    Full Text Available The production, exchange and use of legal knowledge are subject to a political economy. These processes are governed by a series of rules and principles that determine the conditions allowing the creation, commerce and consumption of legal theories, doctrines and practices. Consequently, this political economy is not neutral; it constructs a specific subject of knowledge that acts within a particular space and time. Thus, this paper has two objectives. Firstly, it seeks to describe and analyze the political economy model that dominates our legal and political imagination. As such, it aims at examining the conceptual structure of what I call the free market of legal ideas model. Secondly, this paper aims at describing and analyzing an alternative model of political economy that would best ex- plain the real dynamics that regulate the generation, exchange, and use of legal knowledge. To achieve this objective, the paper highlights the conceptual structures that form what I call the colonial model of the production of legal knowledge. Therefore, the paper seeks to specify the subject of legal knowledge production established by these two models, as well as their concepts of time and space. Likewise, it seeks to specify the precise rules and principles that determine the ways in which these models imagine the production, exchange, and use of legal knowledge. 

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

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    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.

  18. 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...

  19. Legal Interviewing For Paralegals.

    Science.gov (United States)

    Statsky, William P.

    One of the training materials prepared for paralegals, or legal assistants, by the National Paralegal Institute under a Federal grant, the document presents legal interviewing techniques by focusing on an analysis of a particular legal interview conducted by a paralegal on a hypothetical case. From the analysis of the case, a number of problems,…

  20. 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.

  1. Trait Argumentativeness, Verbal Aggressiveness, and Minimally Rational Argument: An Observational Analysis of Friendship Discussions.

    Science.gov (United States)

    Semic, Beth A.; Canary, Daniel J.

    1997-01-01

    Finds that argumentativeness and verbal aggressiveness did not correlate with the development and defense of undergraduate students' ideas but that the dyad's composition (in terms of argumentativeness and verbal aggressiveness) affected the proportion of ideas developed through argument. Suggests that argumentativeness and aggressiveness research…

  2. Legally high? Legal considerations of Salvia divinorum.

    Science.gov (United States)

    Griffin, O Hayden; Miller, Bryan Lee; Khey, David N

    2008-06-01

    The legal status of the hallucinogenic plant Salvia divinorum has been rapidly changing. Legal prohibitions on this plant native to Oaxaca, Mexico have emerged at the state level, a phenomenon that has not occurred since the passage of the Controlled Substances Act (CSA). Included will be a brief description of the plant that has only recently crept into the popular American consciousness, and a review of the different legal mechanisms through which states have controlled the plant and the pending legislation proposing controls. Lastly, the implications of various state laws are discussed.

  3. 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.

  4. 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

  5. They shoot horses, don't they? How valid are the arguments of opponents against euthanasia?

    Science.gov (United States)

    Martens, Willem H J

    2009-12-01

    In this article the arguments against euthanasia are examined. One of the weightiest arguments of mental health professionals against the practice of euthanasia is that a doctor's active commitment to euthanasia can be interpreted as causing harm. It is investigated whether this statement can be ethically justified on the basis of the text of the medical oath or medical declaration. Furthermore, it will be discussed whether it is ethically acceptable when doctors refuse a) to help candidates of euthanasia who (would likely) meet the legal standards of euthanasia, or b) to refer them to a colleague.

  6. 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

  7. 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.).

  8. A Logical Model of Private International Law

    Science.gov (United States)

    Dung, Phan Minh; Sartor, Giovanni

    We provide a logical analysis of private international law, the body of law establishing when courts of a country should decide a case (jurisdiction) and what legal system they should apply to this purpose (choice of law). A formal model of the resulting interaction among multiple legal systems is proposed based on modular argumentation. It is argued that this model may be useful for understanding this rather esoteric, but increasingly important, domain of the law. Moreover, it might be useful for modelling the way in which interactions between heterogeneous agents, belonging to different and differently regulated virtual societies, can be governed without recourse to a central regulatory agency.

  9. 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

  10. Legal basis for unilateral humanitarian intervention

    Directory of Open Access Journals (Sweden)

    Vlajnić Jelena M.

    2016-01-01

    Full Text Available In this paper, the author examines whether there is a legal basis for unilateral humanitarian intervention in contemporary international law. The legality of unilateral humanitarian intervention will be examined from two perspectives, from the point of Treaty International Law and Customary International Law, since these are two main sources of international law. The author first deals with some general issues, such as the historical development of the concept, the concept and elements of the concept of humanitarian intervention. Then the UN Charter and certain international documents will be analyzed, in order to determine whether there is a legal basis for unilateral intervention in Treaty Law. The starting point of the analysis will be the norm prohibiting the use of force contained in the Article 2(4 of the Charter, and will be presented arguments in favor and against the extensive interpretation of this norm by some theorists. After that, the provisions of certain international documents, for which it is believed in the theory that can serve as a legal basis for humanitarian intervention, will be analyzed. Finally, the state practice will be examined in order to determine the veracity of the claim that the right to humanitarian intervention belongs to a body of rules of customary law. Since the elements of customary rule are practice and opinio juris, state practice will be explored from the standpoint of both of these elements.

  11. Belief Revision and Argumentation Theory

    Science.gov (United States)

    Falappa, Marcelo Alejandro; Kern-Isberner, Gabriele; Simari, Guillermo Ricardo

    Belief revision is the process of changing beliefs to adapt the epistemic state of an agent to a new piece of information. The logical formalization of belief revision is a topic of research in philosophy, logic, and in computer science, in areas such as databases or artificial intelligence. On the other hand, argumentation is concerned primarily with the evaluation of claims based on premises in order to reach conclusions. Both provide basic and substantial techniques for the art of reasoning, as it is performed by human beings in everyday life situations and which goes far beyond logical deduction. Reasoning, in this sense, makes possible to deal successfully with problems in uncertain, dynamic environments and has been promoting the development of human societies.

  12. Argumentative Support for Structured HACCP Plans

    Directory of Open Access Journals (Sweden)

    GROZA, A.

    2010-05-01

    Full Text Available This research presents an argumentation based decision support system for implementing the Hazard Analysis at Critical Control Points (HACCP standard in food industry. Our analysis starts by identifying the adequate technical instrumentation needed for supporting different aspects of the HAACP system. An integrated architectural solution is presented. The framework is built around concept maps and it exploits the integration of ontologies with argumentation theory by using the Argument Interchange Format ontology.

  13. Empirical Legal Research: The Gap between Facts and Values and Legal Academic Training

    Directory of Open Access Journals (Sweden)

    Frans L. Leeuw

    2015-07-01

    Full Text Available While traditional legal scholarship is under pressure and debates are taking place on the aims and methods of the academic study of law, at the same time empirical legal research is blossoming if not booming. The more empirical legal research is a growth industry, the more important it is to understand and discuss epistemological, methodological and translational problems of this field of study. This paper focuses on problems of a translational character, i.e. how to bring empirical evidence to the fore, in such a way that it can be understood and used by lawyers, legislators and regulators. And how to deal with the gap between facts (‘evidence’ and values, also known as the fact-value dichotomy. Our perspective is what students of law, including PhD candidates and legal practitioners (in training, need to know about this problem and how to address it. The paper summarizes several approaches to this gap problem, based on Giesen (2015 and continues with a critical analysis of his due process approach. Our analysis is that the gap problem continues to exist despite Giesen’s suggestions. Therefore four other approaches are put forward, two from the field of evaluation studies, one from argumentational analysis and one from empirically informed ethics. Finally, the paper discusses the relevance of these approaches for the legal curriculum.

  14. Non-state actors and the international rule of law: revisiting the 'realist theory' of international legal personality

    NARCIS (Netherlands)

    Nijman, J.E.; Noortmann, M.; Ryngaert, C.

    2010-01-01

    The present paper argues the inclusion of powerful, international NSAs in the category of 'international legal persons.' The argument builds on the generally accepted idea that for the purpose of both the protection and the accountability of entities within the international legal system, these shou

  15. Argument structure frames: a lexical complexity metric?

    Science.gov (United States)

    Schmauder, A R

    1991-01-01

    The number of semantic argument structure frames associated with a verb has been reported to influence ease of processing during language comprehension. The present experiments tested the generality of the argument structure complexity effect with three dependent measures: eye-fixation times, naming latencies, and lexical decision latencies. Two eye-movement experiments and two experiments using cross-modal tasks failed to provide evidence supporting the argument structure complexity effect. The present experiments indicated that results reflecting verbs' argument structure complexity are not generalizable.

  16. Ancient Origins of a Modern Anthropic Cosmological Argument

    CERN Document Server

    Cirkovic, M M

    2003-01-01

    Ancient origins of a modern anthropic argument against cosmologies involving infinite series of past events are considered. It is shown that this argument - which in modern times has been put forward by distinguished cosmologists like Paul C. W. Davies and Frank J. Tipler - originates in pre-Socratic times and is implicitly present in the cyclical cosmology of Empedocles. There are traces of the same line of reasoning throughout the ancient history of ideas, and the case of a provocative statement of Thucydides is briefly analyzed. Moreover, the anthropic argument has been fully formulated in the epic of Lucretius, confirming it as the summit of ancient cosmology. This is not only of historical significance but presents an important topic for the philosophy of cosmology provided some of the contemporary inflationary models, particularly Linde's chaotic inflation, turn out to be correct.

  17. A questão da tecnologia na relação trabalho-educação: das concepções aos argumentos e às formulações legais The technology issue in the work-education relationship: from the conceptions to arguments and legal formulations

    Directory of Open Access Journals (Sweden)

    Francisco José da Silveira Lobo Neto

    2009-01-01

    Full Text Available A partir dos discursos sobre tecnologia presentes nas falas mais abrangentes sobre a educação profissional, pretende-se trazer elementos de entendimento das formulações normativas no quadro da atual Lei de Diretrizes e Bases da Educação Nacional (lei n.º 9.394, de 20 de dezembro de 1996. Faz-se então a análise dos discursos sobre a tecnologia que se articulam numa 'tecnologia' dos discursos de discussão e proposição da educação profissional e sua repercussão na formulação legal, desde o projeto de lei n.º 1.258/88 até a resultante redação final que se constitui na lei n.º 9.394, de 20 de dezembro de 1996. Num movimento conclusivo, considera-se a perspectiva de pesquisa, de debate reflexivo, para a construção de propostas que levem em conta a educação profissional como formação humana e como práxis transformadora das relações trabalho-tecnologia-profissão-educação, na especificidade concreta de cada situação e no conjunto das situações. Uma perspectiva de resgate da educação profissional como uma política plenamente pública, voltada para os interesses da maioria, a classe trabalhadora.From the speeches regarding technology found in the most comprehensive lines about professional education, it is intended to bring understanding elements of the normative formulations within the scenario of the current National Education Bases and Guidelines Law (law n.º 9.394, as of December 20, 1996. Then it is carried out the speeches analysis regarding technology articulated on a 'technology' of the professional education discussion and proposition speeches and their repercussion in the legal formulation, from bill n.º 1.258/88 up to the resulting final writing that comprises law n.º 9.394, as of December 20, 1996. In conclusion, it is considered the research perspective, of reflexive debate, to build proposals that take into account the professional education as human education and as transforming praxis of the work

  18. Computers and students as instructional partners: The role of simulation feedback in collaborative argumentation

    Science.gov (United States)

    Diehl, Christine Lee

    Drawing from research that investigates reasoning with a theory-based computational model, we have developed a computer learning environment, Convince Me, designed to help students create and evaluate arguments. Laboratory studies indicate that students working individually with Convince Me to build arguments obtain benefits that are often associated with collaborative activity. The current study investigates whether these benefits can be attributed to, among other things, the feedback from Convince Me's simulation model: Does the program serve as a "computer partner" in place of a "student partner?" Students in four ninth-grade Integrated Science classes used Convince Me either with or without model feedback. Half of the students in each group worked individually with the program, and half worked in pairs. A fifth class served as a control group whose students worked individually with paper-and-pencil exercises. Students completed a curriculum on waste management, during which they constructed arguments that evaluated waste disposal methods. Their performance in constructing arguments was assessed, they were tested for knowledge of the principles of scientific argumentation, and they were asked to evaluate the representations and support features of the Convince Me program. The results highlight how the program's representations provide a structure for collaborative argument building and mediate communication among students, prompting pairs of students to engage in shared explanatory and reflective activity. This resulted in better performance in the argument activities and increased knowledge of scientific argumentation for students working in pairs. The results show that working with feedback from the simulation model also increased student performance by challenging their argument representations and encouraging reflection on argument structure. Finally, the results suggest that feedback from the model and collaboration are not identical in the types of

  19. Sexual Liberty and Same-Sex Marriage: An Argument from Bisexuality

    OpenAIRE

    Boucai, Michael

    2012-01-01

    A powerful argument for same-sex marriage lies hidden in plain sight. Embracing the notion that gay rights victories enable “homosexual lifestyle choices,” Boucai’s article proposes that same-sex marriage bans are unconstitutional under Lawrence v. Texas because they channel people, particularly bisexuals, into heterosexual relations and relationships. In addition to detailing this claim’s legal and factual bases, “Sexual Liberty and Same-Sex Marriage” refutes the supposed doctrinal imperativ...

  20. 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.

  1. Cross-categorization of legal concepts across boundaries of legal systems: in consideration of inferential links

    DEFF Research Database (Denmark)

    Glückstad, Fumiko Kano; Herlau, Tue; Schmidt, Mikkel Nørgaard

    2014-01-01

    This work contrasts Giovanni Sartor’s view of inferential semantics of legal concepts (Sartor in Artif Intell Law 17:217–251, 2009) with a probabilistic model of theory formation (Kemp et al. in Cognition 114:165–196, 2010). The work further explores possibilities of implementing Kemp......’s probabilistic model of theory formation in the context of mapping legal concepts between two individual legal systems. For implementing the legal concept mapping, we propose a cross-categorization approach that combines three mathematical models: the Bayesian Model of Generalization (BMG; Tenenbaum......-IRM (n-IRM) proposed by Herlau et al. (IEEE International Workshop on Machine Learning for Signal Processing, 2012). We apply our cross-categorization approach to datasets where legal concepts related to educational systems are respectively defined by the Japanese- and the Danish authorities according...

  2. Investigating and Promoting Educational Argumentation: Towards New Digital Practices

    Science.gov (United States)

    Ravenscroft, Andrew; McAlister, Simon

    2008-01-01

    This article reviews and synthesizes over a decade of research that has used discourse analysis, dialogue modelling and empirical techniques to investigate educational argumentation and to design digital tools that support its practice. This approach--incorporating theoretical, empirical and design-based methods according to what tends to now be…

  3. 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…

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

    National Research Council Canada - National Science Library

    Lauro Gomes

    2016-01-01

    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...

  5. Legal responsibility and accountability.

    Science.gov (United States)

    Cox, Chris

    2010-06-01

    Shifting boundaries in healthcare roles have led to anxiety among some nurses about their legal responsibilities and accountabilities. This is partly because of a lack of education about legal principles that underpin healthcare delivery. This article explains the law in terms of standards of care, duty of care, vicarious liability and indemnity insurance.

  6. Learning the Legalities.

    Science.gov (United States)

    Stuart, Victoria

    1987-01-01

    Certain types of crises cry out for legal counsel. Becoming familiar with the basics of media law is suggested for public relations offices. Three types of crises that call for legal advice include: litigation or potential litigation; a violation of a law or regulation; or incidents with any hint of liability. (MLW)

  7. 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.

  8. The Impact of Physical Attractiveness and Trait Argumentativeness as Predictors of Responses to an Argumentative Situation.

    Science.gov (United States)

    Rancer, Andrew S.; Infante, Dominic A.

    A study examined the influence of physical attractiveness and trait argumentativeness as predictors of responses to an argumentative situation. Subjects, 152 college students identified as either high or low in trait argumentativeness, were randomly assigned to one of two treatment conditions: attractive or unattractive anticipated adversary. A…

  9. 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.

  10. Argumentation Analysis——A discourse Approach

    Institute of Scientific and Technical Information of China (English)

    张海燕

    2012-01-01

      Argumentation is a special kind of discourse. It had its own special type of structure、reasoning mode、cohesion and coherence、rhetorical devices. In this dissertation, the writer tries to discuss how to analyze an argumentation from a discoursal view. Also an example is given to support her idea.

  11. A general account of argumentation with preferences

    NARCIS (Netherlands)

    Modgil, Sanjay; Prakken, Henry

    2013-01-01

    This paper builds on the recent ASPIC(+) formalism, to develop a general framework for argumentation with preferences. We motivate a revised definition of conflict free sets of arguments, adapt ASPIC(+) to accommodate a broader range of instantiating logics, and show that under some assumptions, the

  12. 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…

  13. Constructing validity arguments for test combinations

    NARCIS (Netherlands)

    Wools, Saskia; Eggen, Theo J.H.M.; Béguin, Anton

    2016-01-01

    The argument-based approach to validation has been widely adopted in validation theory. However, this approach aims to validate the intended interpretation and use of a single test or assessment. This article proposes an extension of the argument-based approach for validation of multiple tests. This

  14. 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

  15. AVER : Argument visualization for evidential reasoning

    NARCIS (Netherlands)

    Braak, S.W. van den; Vreeswijk, G.A.W.

    2006-01-01

    This paper reports on the ongoing development of a collaborative, webbased application for argument visualization named AVER (Argument Visualization for Evidential Reasoning). It is targeted at police officers who may use it to express their reasoning about a case based on evidence. AVER provides an

  16. 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 argum...

  17. English 450: Theories and Methods of Argument

    Science.gov (United States)

    Jones, Rebecca

    2008-01-01

    This article presents a course design of English 450: Theories and Methods of Argument. The course is an upper level course in the Writing concentration of B. A. in English and American Language and Literature at the University of Tennessee, Chattanooga, a metropolitan university in the South. At the 400 level, Theories and Methods of Argument is…

  18. 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 argum...

  19. The Fine-Tuning Argument

    CERN Document Server

    Landsman, Klaas

    2015-01-01

    Our laws of nature and our cosmos appear to be delicately fine-tuned for life to emerge, in way that seems hard to attribute to chance. In view of this, some have taken the opportunity to revive the scholastic Argument from Design, whereas others have felt the need to explain this apparent fine-tuning of the clockwork of the Universe by proposing the existence of a `Multiverse'. We analyze this issue from a sober perspective. Having reviewed the literature and having added several observations of our own, we conclude that cosmic fine-tuning supports neither Design nor a Multiverse, since both of these fail at an explanatory level as well as in a more quantitative context of Bayesian confirmation theory (although there might be other reasons to believe in these ideas, to be found in religion and in inflation and/or string theory, respectively). In fact, fine-tuning and Design even seem to be at odds with each other, whereas the inference from fine-tuning to a Multiverse only works if the latter is underwritten...

  20. 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.

  1. 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.

  2. 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...... transferability of reasons from one case to another; and (iii) it runs the risk of equivocations, especially in cases where the anti-genetic-modification argument relies on gradable features. The paper then shows how these issues play out in three specific Similarity Arguments that can be found in the literature....... Finally, the paper discusses what conclusions we can draw from the fact that genetic modification and established technologies are similar for the ethical status of genetic modification....

  3. Re-evaluation of the age model for North Atlantic Ocean Site 982 – arguments for a return to the original chronology

    Directory of Open Access Journals (Sweden)

    K. T. Lawrence

    2013-10-01

    Full Text Available Recently, the veracity of the published chronology for the Pliocene section of North Atlantic Ocean Drilling Program Site 982 was called into question. Here, we examine the robustness of the original age model as well as the proposed age model revision. The proposed revision is predicated on an apparent misidentification of the depth to the Gauss–Matuyama (G/M polarity chronozone reversal boundary (2.581 Ma based on preliminary shipboard paleomagnetic data, and offers a new chronology that includes a hiatus between ~3.2 and 3 Ma. However, an even more accurate shore-based, u-channel-derived polarity chronozone stratigraphy for the past ~2.7 Ma supports the shipboard composite stratigraphy and demonstrates that the original estimate of the depth of the G/M reversal in the Site 982 record is correct. Thus, the main justification forwarded to support the revised chronology no longer exists. We demonstrate that the proposed revision results in a pronounced anomaly in sedimentation rates proximal to the proposed hiatus, erroneous assignment of marine-isotope stages in the Site 982 Pliocene benthic stable oxygen isotope stratigraphy, and a markedly worse correlation of proxy records between this site and other regional paleoclimate data. We conclude that the original chronology for Site 982 is a far more accurate age model than that which arises from the published revision. We strongly recommend the use of the original chronology for all future work at Site 982.

  4. Re-evaluation of the age model for North Atlantic Ocean Site 982 – arguments for a return to the original chronology

    Directory of Open Access Journals (Sweden)

    K. T. Lawrence

    2013-04-01

    Full Text Available Recently, the veracity of the published chronology for the Pliocene section of North Atlantic Ocean Drilling Program Site 982 was called into question. Here, we examine the robustness of the original age model as well as the proposed age model revision. The proposed revision is predicated on an apparent mis-identification of the depth to the Gauss-Matuyama (G/M polarity chronozone reversal boundary (2.581 Ma based on preliminary shipboard paleomagnetic data and offers a new chronology which includes a hiatus between ~ 3.2 and 3 Ma. However, an even more accurate shore-based, u-channel-derived polarity chronozone stratigraphy for the past ~ 2.7 Ma supports the shipboard composite stratigraphy and demonstrates that the original estimate of the depth of the G/M reversal in the Site 982 record is correct. Thus, the main justification forwarded to support the revised chronology is not valid. We demonstrate that the proposed revision results in a pronounced anomaly in sedimentation rates proximal to the proposed hiatus, erroneous assignment of marine-isotope stages in the Site 982 Pliocene benthic stable oxygen isotope stratigraphy, and a markedly worse correlation of proxy records between this site and other regional paleoclimate data. We conclude that the original chronology for Site 982 is a far more accurate age-model than that which arises from the published revision. We strongly recommend the use of the original chronology for all future work at Site 982.

  5. Arguments in favour of compulsory treatment of opioid dependence.

    Science.gov (United States)

    Wu, Zunyou

    2013-02-01

    Twelve agencies of the United Nations, including the World Health Organization, have issued a joint statement that calls on Member States to replace the compulsory detention of people who use opioids in treatment centres with voluntary, evidence-informed and rights-based health and social services. The arguments in favour of this position fall into three broad categories: Compulsory treatment centres infringe on an individual's liberty, they put human beings at risk of harm, and evidence of their effectiveness against opioid dependence has not been generated. The United Nations statement underscores that although countries apply different criteria for sending individuals to compulsory treatment centres, detention often takes place without due process, legal safeguards or judicial review. This clearly violates internationally recognized human rights standards. Furthermore, people who are committed to these centres are often exposed to physical and sexual violence, forced labour and sub-standard living conditions. They are often denied health care, despite their heightened vulnerability to HIV infection and tuberculosis. Finally, there is no evidence, according to the statement, that these centres offer an environment that is conducive to recovery from opioid dependence or to the rehabilitation of commercial sex workers or of children who have suffered sexual exploitation, abuse or lack of care and protection. The author of this paper sets forth several arguments that counter the position taken by the United Nations and argues in favour of compulsory treatment within a broader harm reduction strategy aimed at protecting society as well as the individual concerned.

  6. Critical Argument and Writer Identity: Social Constructivism as a Theoretical Framework for EFL Academic Writing

    Science.gov (United States)

    McKinley, Jim

    2015-01-01

    This article makes the argument that we need to situate student's academic writing as socially constructed pieces of writing that embody a writer's cultural identity and critical argument. In support, I present and describe a comprehensive model of an original English as a Foreign Language (EFL) writing analytical framework. This article explains…

  7. Critical Argument and Writer Identity: Social Constructivism as a Theoretical Framework for EFL Academic Writing

    Science.gov (United States)

    McKinley, Jim

    2015-01-01

    This article makes the argument that we need to situate student's academic writing as socially constructed pieces of writing that embody a writer's cultural identity and critical argument. In support, I present and describe a comprehensive model of an original English as a Foreign Language (EFL) writing analytical framework. This article explains…

  8. Applying Argumentation Analysis To Assess the Quality of University Oceanography Students' Scientific Writing.

    Science.gov (United States)

    Takao, Allison Y.; Prothero, William A.; Kelly, Gregory J.

    2002-01-01

    Presents the methods and results of an assessment of students' scientific writing. Studies an introductory oceanography course in a large public university that used an interactive CD-ROM, "Our Dynamic Planet". Analyzes the quality of students' written arguments by using a grading rubric and an argumentation analysis model. Includes 18…

  9. An Argument Framework for the Application of Null Hypothesis Statistical Testing in Support of Research

    Science.gov (United States)

    LeMire, Steven D.

    2010-01-01

    This paper proposes an argument framework for the teaching of null hypothesis statistical testing and its application in support of research. Elements of the Toulmin (1958) model of argument are used to illustrate the use of p values and Type I and Type II error rates in support of claims about statistical parameters and subject matter research…

  10. Scientific Argumentation and Deliberative Democracy: An Incompatible Mix in School Science?

    Science.gov (United States)

    Erduran, Sibel; Kaya, Ebru

    2016-01-01

    The article investigates how deliberative democracy is related to argumentation in school science. We use examples of political models of deliberative democracy to synthesize implications for argumentation in science teaching and learning. Some key questions guided our approach: How does democratic deliberation work and how does it relate to…

  11. 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.

  12. Legal research methodology and the dream of interdisciplinarity

    OpenAIRE

    2013-01-01

    There are increasing calls for academics to abandon "traditional" disciplinary research and to engage in multi-, inter- and transdisciplinary research. The argument is that this will serve to break down working in "silos" and somehow lead to more innovative research. This article examines the concepts of multidisciplinary, interdisciplinary and transdisciplinary research to determine if this kind of research is possible in legal research. The basic premise is that science is unified by the...

  13. On the relation between moral, legal and evaluative justifications of pre-implantation genetic diagnosis (PGD).

    Science.gov (United States)

    Lohmann, Georg

    2003-01-01

    In Germany the question whether to uphold or repeal the judicial prohibition on Pre-implantation Genetic Diagnosis (PGD) is being debated from quite different standpoints. This paper differentiates the major arguments according to their reasons as a) moral, b) evaluative (i.e. cultural/religious), and c) legal. The arguments for and against PGD can be divided by content into three groups: arguments relating to the status of the embryo, focusing on individual actions in the implementation of PGD, and relating to the foreseeable or probable consequences of PGD. In Germany, from a legal perspective, the status of the embryo does not permit the intervention of PGD; from a purely moral perspective, a prohibition on PGD does not appear defensible. It remains an open question, however, whether the moral argument permitting PGD should be restricted for evaluative (cultural) reasons. The paper discusses the species-ethical reasons, for which Jurgen Habermas sees worrisome consequences in the wake of PGD to the extent that we comprehend it as the forerunner of a 'positive eugenics'. It would so disrupt the natural preconditions of our universal morality. The question of whether to prohibit or allow PGD is not merely a question of simple moral and/or legal arguments, but demands a choice between evaluative, moral and (still to be specified) species-ethical arguments, and the question remains open.

  14. From the American Civil War to the War on Terror: Three Models of Emergency Law in the United States Supreme Court

    DEFF Research Database (Denmark)

    Hartz, Emily

    This book offers a systematic and comprehensive account of the key cases that have come to shape the jurisprudence on emergency law in the United States from the Civil War to the War on Terror. The legal questions raised in these cases concern fundamental constitutional issues such as the status...... the Supreme Court justices have to grapple in these cases are therefore as philosophical as they are legal. In this book the Court's arguments are systematized according to categories informed by constitutional law as well as classic philosophical discussions of the problem of emergency. On this basis......, the book singles out three legal paradigms for interpreting the problem of emergency: the rights model, the extra-legal model and the procedural model. This systematic approach helps the reader develop a philosophical and legal overview of central issues in the jurisprudence on emergency....

  15. 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.

  16. Legal Services: The Army Legal Assistance Program

    Science.gov (United States)

    2007-11-02

    legal services providedpro bono publico are not always on a no-fee basis because a reduced fee for professional services may be permissible in such...y f o u n d w i t h i n a p r i n c i p a l residence. Pro bono publico Legal services provided by civilian attorneys “for the public good or welfare...business activities, 3–6, 3–8 P r i v i l e g e , a t t o r n e y - c l i e n t , 3 – 8 , 4 – 3 , 4 – 8 , 5–5 Prisoners, 2–5 Pro bono publico , 3–7

  17. Standardizing Legal Content with OWL and RDF

    Science.gov (United States)

    Hondros, Constantine

    Wolters Kluwer is one of the largest legal publishers in the world. Its various publishing units use a multitude of different formats to mark up what is effectively similar content. We describe a common content architecture based on OWL, RDF and XHTML that is used to build a standard representation of legal content, allowing publishable assets to be integrated across the enterprise. This architecture is governed by an OWL ontology that models the (occasionally complex) behaviour of legal documents and acts as a domain model of common legal metadata. How do OWL and RDF scale up to real-world publishing? We describe practical issues in producing and validating RDF on an industrial scale; in performance management; in handling fragmented ontologies; and the challenge of using RDF in a performant XSLT pipeline.

  18. 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

  19. PROBLEMS OF LEGAL REGULATION OF FREE LEGAL HELP

    Directory of Open Access Journals (Sweden)

    Savchenko M. S.

    2016-02-01

    Full Text Available The authors of the article analyze the legal grounds of free legal assistance marking the novels of legislation regulated by the federal law “On free legal assistance in the Russian Federation” and problems connected with its realization. There were given the characteristics of subjects of state and non-state systems of free legal assistance in the article. The special attention is paid to the specificity of the activity of state and municipal agencies, legal clinics, non-state centers of free legal assistance. The authors consider the peculiarities of legislation of the subjects of the Russian Federation setting the guarantee of rights on getting of free legal assistance. The problems of legal assistance under the presenting of citizens’ interests in arbitrary courts, problems of legal clinics assistance quality, problems of legal provision of the activity of municipal legal agencies are analyzed in the article. Due to the practice of realization of legislation in the Krasnodar region there were made the conclusions on the reasonability of extending of the list of citizens’ categories having the right for free legal assistance and cases of such assistance, giving the compulsory authority to the agreement on free legal assistance; the introduction of the article on municipal legal agencies into the Federal law; working outs of standards of the activity of legal clinics and systems of preparations to the legal assistance of students and teachers

  20. Legal Protections for Privacy

    Science.gov (United States)

    Leslie, David W.

    1977-01-01

    Individual interest in privacy is a multiple legal issue, roughly divided into four parts according to different types of law: constitutional, statutory, administrative, and common law. Policy implications of this issue for institutions are discussed. (Editor/LBH)

  1. Old Assyrian Legal Practices

    DEFF Research Database (Denmark)

    Hertel, Thomas Klitgaard

    This work presents a comprehensive analysis of legal practices and dispute processing in Old Assyrian society c. 1950-1800 B.C. in the ancient Near East.......This work presents a comprehensive analysis of legal practices and dispute processing in Old Assyrian society c. 1950-1800 B.C. in the ancient Near East....

  2. FINANCIAL AND LEGAL RELATIONSHIP AND THE LEGAL REGULATION

    Directory of Open Access Journals (Sweden)

    Tkebuchava Yekaterina Bezhanovna

    2013-04-01

    Full Text Available This article considers the problems of financial and legal relationship and legal regulation. The financial activities of the state can not be carried out beyond the legal relations. Financial relations are expressed outwardly in the forms that are identified by the state as it is connected with the fact of its existence. With the help of law the state in the financial sphere determines and sets the types of budget revenues, taxation procedures, methods of currency use, etc. Administrative and legal regulation of financial relations is made up of such components as financial and legal relationships and legal regulation. This is why the concepts of "legal effect" and "legal regulation" come to the fore. According to the author, the term "legal regulation" and "legal effect" are not identical and have different meanings. Therefore it is necessary to distinguish between the "regulation" and "effect". This would eliminate naming the same thing with different words.

  3. A belief revision approach for argumentation-based negotiation agents

    Directory of Open Access Journals (Sweden)

    Pilotti Pablo

    2015-09-01

    Full Text Available Negotiation is an interaction that happens in multi-agent systems when agents have conflicting objectives and must look for an acceptable agreement. A typical negotiating situation involves two agents that cannot reach their goals by themselves because they do not have some resources they need or they do not know how to use them to reach their goals. Therefore, they must start a negotiation dialogue, taking also into account that they might have incomplete or wrong beliefs about the other agent’s goals and resources. This article presents a negotiating agent model based on argumentation, which is used by the agents to reason on how to exchange resources and knowledge in order to achieve their goals. Agents that negotiate have incomplete beliefs about the others, so that the exchange of arguments gives them information that makes it possible to update their beliefs. In order to formalize their proposals in a negotiation setting, the agents must be able to generate, select and evaluate arguments associated with such offers, updating their mental state accordingly. In our approach, we will focus on an argumentation-based negotiation model between two cooperative agents. The arguments generation and interpretation process is based on belief change operations (expansions, contractions and revisions, and the selection process is a based on a strategy. This approach is presented through a high-level algorithm implemented in logic programming. We show various theoretical properties associated with this approach, which have been formalized and proved using Coq, a formal proof management system. We also illustrate, through a case study, the applicability of our approach in order to solve a slightly modified version of the well-known home improvement agents problem. Moreover, we present various simulations that allow assessing the impact of belief revision on the negotiation process.

  4. Integrated argument-based inquiry with multiple representation approach to promote scientific argumentation skill

    Science.gov (United States)

    Suminar, Iin; Muslim, Liliawati, Winny

    2017-05-01

    The purpose of this research was to identify student's written argument embedded in scientific inqury investigation and argumentation skill using integrated argument-based inquiry with multiple representation approach. This research was using quasi experimental method with the nonequivalent pretest-posttest control group design. Sample ot this research was 10th grade students at one of High School in Bandung using two classes, they were 26 students of experiment class and 26 students of control class. Experiment class using integrated argument-based inquiry with multiple representation approach, while control class using argument-based inquiry. This study was using argumentation worksheet and argumentation test. Argumentation worksheet encouraged students to formulate research questions, design experiment, observe experiment and explain the data as evidence, construct claim, warrant, embedded multiple modus representation and reflection. Argumentation testinclude problem which asks students to explain evidence, warrants, and backings support of each claim. The result of this research show experiment class students's argumentation skill performed better than control class students that of experiment class was 0.47 and control class was 0.31. The results of unequal variance t-test for independent means show that students'sargumentationskill of experiment class performed better significantly than students'sargumentationskill of control class.

  5. The Nature of Pre-service Science Teachers' Argumentation in Inquiry-oriented Laboratory Context

    Science.gov (United States)

    Ozdem, Yasemin; Ertepinar, Hamide; Cakiroglu, Jale; Erduran, Sibel

    2013-10-01

    The aim of this study was to investigate the kinds of argumentation schemes generated by pre-service elementary science teachers (PSTs) as they perform inquiry-oriented laboratory tasks, and to explore how argumentation schemes vary by task as well as by experimentation and discussion sessions. The model of argumentative and scientific inquiry was used as a design framework in the present study. According to the model, the inquiry of scientific topics was employed by groups of participants through experimentation and critical discussion sessions. The participants of the study were 35 PSTs, who teach middle school science to sixth through eighth grade students after graduation. The data were collected through video- and audio-recordings of the discussions made by PSTs in six inquiry-oriented laboratory sessions. For the analysis of data, pre-determined argumentation schemes by Walton were employed. The results illustrated that PSTs applied varied premises rather than only observations or reliable sources to ground their claims or to argue for a case or an action. It is also worthy of notice that the construction and evaluation of scientific knowledge claims resulted in different numbers and kinds of arguments. Results of this study suggest that designing inquiry-oriented laboratory environments, which are enriched with critical discussion, provides discourse opportunities that can support argumentation. Moreover, PSTs can be encouraged to support and promote argumentation in their future science classrooms if they engage in argumentation integrated instructional strategies.

  6. Legal method in danish law

    DEFF Research Database (Denmark)

    Blume, Peter Erik

    This book describes how legal method is used within the Danish legal system. Its target group is foreign lawyers and law students who have an interest in knowing how Danish law commonly is determined and applied. In the first chapters legal method and legal sources in general are defined...

  7. 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.

  8. Acting parentally: an argument against sex selection.

    Science.gov (United States)

    McDougall, R

    2005-10-01

    The Human Fertilisation and Embryology Authority's (HFEA) recent restrictive recommendations on sex selection have highlighted the need for consideration of the plausibility of ethical arguments against sex selection. In this paper, the author suggests a parental virtues approach to some questions of reproductive ethics (including sex selection) as a superior alternative to an exclusively harm focused approach such as the procreative liberty framework. The author formulates a virtue ethics argument against sex selection based on the idea that acceptance is a character trait of the good parent. It is concluded that, because the argument presented posits a wrong in the sex selecting agent's action that is not a harm, the argument could not function as a justification of the HFEA's restrictive position in light of their explicit commitment to procreative liberty; it does, however, suggest that ethical approaches focused exclusively on harm fail to capture all the relevant moral considerations and thus that we should look beyond such approaches.

  9. PREFERRED ARGUMENT STRUCTURE IN MANDARIN CHILD LANGUAGE

    National Research Council Canada - National Science Library

    Chiung-chih Huang

    2012-01-01

    ...). The results showed that Mandarin child language conforms to the constraints of Preferred Argument Structure, but that it does not support the related hypothesis of an ergative structuring of discourse...

  10. The Turing Test and the Zombie Argument

    OpenAIRE

    Kostic, Daniel

    2004-01-01

    In this paper I shall try to put some implications concerning the Turing's test and the so-called Zombie arguments into the context of philosophy of mind. My intention is not to compose a review of relevant concepts, but to discuss central problems, which originate from the Turing's test - as a paradigm of computational theory of mind - with the arguments, which refute sustainability of this thesis. In the first section (Section I), I expose the ...

  11. Modalne argumenty teistyczne (Modal Theistic Arguments

    Directory of Open Access Journals (Sweden)

    Graham Oppy

    2011-06-01

    Full Text Available The aim of Oppy’s paper is to provide a general ground for rejecting all kinds of modal theistic arguments. The author claims that all such arguments are questionbegging – before proving the existence of God (defined as a being which exists in every possible world theistic modalist must assume it when choosing his account of logical space (no matter which modal theory it relies on: Lewis’ modal realism, ersatz modal realism, combinatorialism or fictionalism. Two concrete arguments, Plantinga’s ontological argument and Leftow’s cosmological argument, are examples given by Oppy – both have premises which justification must refer to a non-modal question “Does God actually exist?”, concerning the nature of logical space.Oppy rejects suggestion that problems with modal theistic arguments show that there is simply something wrong with our standard modal analyses in terms of possible worlds. According to Oppy, problems with higher-level judgments about the nature of logical space are problems with propositional attitudes, not with modality, andthey need an analysis distinct from the analysis of ground-level modal judgments.

  12. Understanding How Grammatical Aspect Influences Legal Judgment.

    Directory of Open Access Journals (Sweden)

    Andrew M Sherrill

    Full Text Available Recent evidence suggests that grammatical aspect can bias how individuals perceive criminal intentionality during discourse comprehension. Given that criminal intentionality is a common criterion for legal definitions (e.g., first-degree murder, the present study explored whether grammatical aspect may also impact legal judgments. In a series of four experiments participants were provided with a legal definition and a description of a crime in which the grammatical aspect of provocation and murder events were manipulated. Participants were asked to make a decision (first- vs. second-degree murder and then indicate factors that impacted their decision. Findings suggest that legal judgments can be affected by grammatical aspect but the most robust effects were limited to temporal dynamics (i.e., imperfective aspect results in more murder actions than perfective aspect, which may in turn influence other representational systems (i.e., number of murder actions positively predicts perceived intentionality. In addition, findings demonstrate that the influence of grammatical aspect on situation model construction and evaluation is dependent upon the larger linguistic and semantic context. Together, the results suggest grammatical aspect has indirect influences on legal judgments to the extent that variability in aspect changes the features of the situation model that align with criteria for making legal judgments.

  13. Understanding How Grammatical Aspect Influences Legal Judgment.

    Science.gov (United States)

    Sherrill, Andrew M; Eerland, Anita; Zwaan, Rolf A; Magliano, Joseph P

    2015-01-01

    Recent evidence suggests that grammatical aspect can bias how individuals perceive criminal intentionality during discourse comprehension. Given that criminal intentionality is a common criterion for legal definitions (e.g., first-degree murder), the present study explored whether grammatical aspect may also impact legal judgments. In a series of four experiments participants were provided with a legal definition and a description of a crime in which the grammatical aspect of provocation and murder events were manipulated. Participants were asked to make a decision (first- vs. second-degree murder) and then indicate factors that impacted their decision. Findings suggest that legal judgments can be affected by grammatical aspect but the most robust effects were limited to temporal dynamics (i.e., imperfective aspect results in more murder actions than perfective aspect), which may in turn influence other representational systems (i.e., number of murder actions positively predicts perceived intentionality). In addition, findings demonstrate that the influence of grammatical aspect on situation model construction and evaluation is dependent upon the larger linguistic and semantic context. Together, the results suggest grammatical aspect has indirect influences on legal judgments to the extent that variability in aspect changes the features of the situation model that align with criteria for making legal judgments.

  14. The Anthropic Argument against Infinite Past and the Eddington-Lemaitre Universe

    CERN Document Server

    Cirkovic, M M

    2000-01-01

    This study in the philosophy of cosmology is a part of an ongoing effort to investigate and reassess the importance of the anthropic (Davies-Tipler) argument against cosmologies containing the past temporal infinity. Obviously, the prime targets of this argument are cosmological models stationary on sufficiently large scale, the classical steady state model of Bondi, Gold and Hoyle being the best example. Here we investigate the extension of application of this argument to infinitely old non-stationary models and discuss additional constraints necessary to be imposed on such models for the edge of the anthropic argument to be preserved. An illustrative counterexample is the classical Eddington-Lemaitre model, in the analysis of which major such constraints are presented. Consequences of such an approach for our understanding of the nature of time are briefly discussed.

  15. The anthropic argument against infinite past and the Eddington-Lemaitre universe

    Directory of Open Access Journals (Sweden)

    Ćirković M.M.

    2000-01-01

    Full Text Available This study in the philosophy of cosmology is a part of an ongoing effort to investigate and reassess the importance of the anthropic (Davies-Tipler argument against cosmologies containing the past temporal infinity. Obviously the prime targets of this argument are cosmological models stationary on sufficiently large scale, the classical steady state model of Bondi, Gold and Hoyle being the best example. Here we investigate the extension of application of this argument to infinitely old non-stationary models and discuss additional constraints necessary to be imposed on such models for the edge of the anthropic argument to be preserved. An illustrative counterexample is the classical Eddington-Lemaitre model, in the analysis of which major such constraints are presented. Consequences of such an approach for our understanding of the nature of time are briefly discussed.

  16. 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

  17. Narration et argumentation en publicite (Narration and Argumentation in Advertising).

    Science.gov (United States)

    Peninou, Georges

    1981-01-01

    Analyzes the language and rhetoric of persuasive discourse as employed in advertising. Uses a selection of bank advertisements as a corpus, identifying and discussing four basic models of discourse. The discussion focuses on the rhetorical devices that characterize each type of text. (MES)

  18. Improving Quality Using Architecture Fault Analysis with Confidence Arguments

    Science.gov (United States)

    2015-03-01

    Improving Quality Using Architecture Fault Analysis with Confidence Arguments Peter H. Feiler Charles B. Weinstock John B. Goodenough...Design 8 2.3 Architecture Fault Modeling and Analysis with EMV2 8 2.4 Confidence Map Concepts and Notation 11 Overview of the Stepper-Motor System...Comparison of the SMS Designs 43 Establishing Confidence in the SMS 45 6.1 Confidence Maps for SMS 45 CMU/SEI-2015-TR-006 | SOFTWARE ENGINEERING

  19. 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 ...

  20. Unfolding crime scenarios with variations : a method for building a Bayesian network for legal narratives

    NARCIS (Netherlands)

    Vlek, Charlotte; Prakken, Henry; Renooij, Silja; Verheij, Bart

    2013-01-01

    Legal reasoning can be approached from various perspectives, traditionally argumentation, probability and narrative. The communication between forensic experts and a judge or jury would benefit from an integration of these approaches. In previous papers we worked on the connection between the narrat

  1. 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.

  2. 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.

  3. 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.

  4. Majority-Minority Influence: Identifying Argumentative Patterns and Predicting Argument-Outcome Links.

    Science.gov (United States)

    Meyers, Renee A.; Brashers, Dale E.; Hanner, Jennifer

    2000-01-01

    Identifies patterns of argument that characterize majority and minority communication in 34 discussions among small groups of students in decision-making situations. Finds that winning and losing subgroups argue differently (as do minority and majority subgroups overall) and that consistency in argument is a strong predictor of subgroup success.…

  5. An Argument for Nonminimal Higgs Coupling to Gravity

    CERN Document Server

    Srivastava, Y N; Widom, A

    2011-01-01

    The coupling of gravity to a scalar field raises a number of interesting questions of principle since the usual minimal coupling obtained by replacing ordinary derivatives with covariant derivatives is not available -- they are the same operation on scalar fields. Conformal couplings in the Lagrangian proportional to $\\phi^2 R$ have been suggested before, usually to maintain conformal invariance for massless scalar fields, but at the cost of breaking the equivalence principle. Here we give intuitive arguments for the appearance of such a term due to fluctuations of scalar particles about their classical world lines. Remarkably, these arguments give precisely a correction of the form required to maintain conformal invariance. We also show that such a term would naturally be expected for the Higgs field in the Standard Model, making a perhaps surprising connection between weak-scale physics and gravity. The nonminimal coupling, whether induced by quantum corrections or already present as a bare term, can be con...

  6. The handicap principle and the argument of subversion from within.

    Science.gov (United States)

    Baron, Christian

    2013-09-01

    This paper examines the very disparate positions that various actors have taken towards the argument of subversion from within (a classical argument against the evolution of altruism by group selection) in a set of related debates on group selection, altruism and the handicap principle. Using this set of debates as a case study, this paper argues that different applications of epistemic values were one of the factors behind the disagreements between John Maynard Smith and Amotz Zahavi over a number of important evolutionary issues. The paper also argues that these different applications were connected to important epistemological differences related in part (but not solely) to their disciplinary background. Apart from conflicting evolutionary views concerning the theoretical feasibility of the handicap effect, these antagonists both differed in the confidence they ascribed to mathematical modeling and over the hereditary basis for altruistic behavior.

  7. 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…

  8. The Nature and Function of Argument in Organizational Bargaining Research.

    Science.gov (United States)

    Keough, Colleen M.

    1987-01-01

    Responds to calls for explication of the theoretical basis of argument in negotiation. Uses four current argumentative perspectives to examine the nature and function of argument in organizational bargaining research, and concludes that Toulmin's argument field perspective offers the most thorough analysis of labor-management negotiations. (SKC)

  9. Epistemic levels in argument: An analysis of university oceanography students' use of evidence in writing

    Science.gov (United States)

    Kelly, Gregory J.; Takao, Allison

    2002-05-01

    The purpose of this paper is to examine university oceanography students' use of evidence in writing. Drawing from rhetorical studies of science writing and studies of argumentation in science education, a model for assessing students' arguments is proposed that considers the relative epistemic status of propositions comprising students' written texts. The study was conducted in an introductory university oceanography course in a large public university that utilized an interactive CD-ROM that provided geological data sets for student exploration of scientific questions. Student arguments were analyzed through a process of sorting propositions by epistemic level and identifying the explicit links within and across levels. These epistemic levels were defined by discipline-specific geological constructs from descriptions of data, to identification of features, to relational aspects of features, to theoretically formulated assertions. This form of argumentation analysis allowed for assessment of each student's writing on normative grounds and for comparisons across students' papers. Results show promise for the argumentation model as a methodological tool. The examination of epistemic status of knowledge claims provided ways of distinguishing the extent to which students adhered to the genre conventions specified by the task, i.e., providing evidentiary support for their argument concerning the theory of plate tectonics with real earth data. We draw on the findings to discuss ways argumentation theory can contribute to reform in science education.

  10. Verbal ability, argument order, and attitude formation

    Directory of Open Access Journals (Sweden)

    Mindaugas Mozuraitis

    2016-09-01

    Full Text Available The current study explored the interaction of verbal ability and presentation order on readers’ attitude formation when presented with two-sided arguments. Participants read arguments for and against compulsory voting and genetic engineering, and attitudes were assessed before and after reading the passages. Participants’ verbal ability was measured combining vocabulary knowledge and reading comprehension skill. Results suggested that low verbal-ability participants were more persuaded by the most recent set of arguments whereas high verbal-ability participants formed attitudes independent of presentation order. Contrary to previous literature, individual differences in the personality trait, need for cognition, did not interact with presentation order. The results suggest that verbal ability is an important moderator of the effect of presentation order when formulating opinions from complex prose.

  11. PBR theorem and Einstein's quantum hole argument

    CERN Document Server

    Weinstein, Galina

    2013-01-01

    This note discusses the latest hot topic: Quantum states: ontic or epistemic? and the PBR theorem. Upon reading Einstein's views on quantum incompleteness in publications or in his correspondence after 1935 (the EPR paradox), one gets a very intense feeling of deja-vu. Einstein presents a quantum hole argument, which somewhat reminds of the hole argument in his 1914 "Entwurf" general theory of relativity. In their paper, PBR write the following: "an important step towards the derivation of our result is the idea that the quantum state is physical if distinct quantum states correspond to non-overlapping distributions for [the set of possible physical states that a system can be in]", and they then refer to Einstein's argument and views.

  12. Roundtable: Legal Abortion

    Science.gov (United States)

    Guttmacher, Alan F.; And Others

    1971-01-01

    A roundtable discussion on legal abortion includes Dr. Alan F. Guttmacher, President of The Planned Parenthood Federation of America, Robert Hall, Associate Professor of Obstetrics and Gynecology at Columbia University College of Physicians and Surgeons, Christopher Tietze, a diretor of The Population Council, and Harriet Pilpel, a lawyer.…

  13. 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)

  14. Roundtable: Legal Abortion

    Science.gov (United States)

    Guttmacher, Alan F.; And Others

    1971-01-01

    A roundtable discussion on legal abortion includes Dr. Alan F. Guttmacher, President of The Planned Parenthood Federation of America, Robert Hall, Associate Professor of Obstetrics and Gynecology at Columbia University College of Physicians and Surgeons, Christopher Tietze, a diretor of The Population Council, and Harriet Pilpel, a lawyer.…

  15. 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...

  16. [Teenage pregnancies, legal aspects].

    Science.gov (United States)

    Rogue, Fanny

    2016-01-01

    Minor girls are legally considered as incapable, under the authority of their parents. Difficulties can arise when a minor becomes pregnant. The law takes account of this situation: under certain conditions, she can decide by herself to undertake certain actions, medical or otherwise, without the consent of her parents. These include access to contraception, abortion or anonymous birth.

  17. 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.

  18. Legalization White Paper.

    Science.gov (United States)

    United States Catholic Conference, Washington, DC.

    The second step of implementation of the legalization program of the Immigration Reform and Control Act of 1986 (IRCA) began on November 7, 1988. This second step is the process by which undocumented immigrants, initially granted temporary residence, may adjust to their status change to permanent resident. Certain aspects of the adjustment are…

  19. 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)

  20. Resistance to Reform in Legal Ethics Instruction.

    Science.gov (United States)

    Gee, Elizabeth D.

    Perceptions of forces that may restrain the implementation of needed change in legal ethics instruction were investigated in 1984, using a model of resistance to planned change proposed by Goodwin Watson. Based on this model, five barriers to change were assessed: conformity to norms, systemic and cultural coherence, vested interests, the…

  1. 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.

  2. 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.

  3. Community norms, enforcement of minimum legal drinking age laws, personal beliefs and underage drinking: an explanatory model.

    Science.gov (United States)

    Lipperman-Kreda, Sharon; Grube, Joel W; Paschall, Mallie J

    2010-06-01

    Strategies to enforce underage drinking laws are aimed at reducing youth access to alcohol from commercial and social sources and deterring its possession and use. However, little is known about the processes through which enforcement strategies may affect underage drinking. The purpose of the current study is to present and test a conceptual model that specifies possible direct and indirect relationships among adolescents' perception of community alcohol norms, enforcement of underage drinking laws, personal beliefs (perceived parental disapproval of alcohol use, perceived alcohol availability, perceived drinking by peers, perceived harm and personal disapproval of alcohol use), and their past-30-day alcohol use. This study used data from 17,830 middle and high school students who participated in the 2007 Oregon Health Teens Survey. Structural equations modeling indicated that perceived community disapproval of adolescents' alcohol use was directly and positively related to perceived local police enforcement of underage drinking laws. In addition, adolescents' personal beliefs appeared to mediate the relationship between perceived enforcement of underage drinking laws and past-30-day alcohol use. Enforcement of underage drinking laws appeared to partially mediate the relationship between perceived community disapproval and personal beliefs related to alcohol use. Results of this study suggests that environmental prevention efforts to reduce underage drinking should target adults' attitudes and community norms about underage drinking as well as the beliefs of youth themselves.

  4. Should the Death Penalty Be Abolished? Arguments for and against the Centuries-Old Punishment

    Directory of Open Access Journals (Sweden)

    Adina Nicoleta Gavrilă

    2011-11-01

    Full Text Available Despite the international trend towards the abolition of capital punishment, 23 countries still carried out executions in 2010. In many cases the death penalty is imposed after unfair trials and for non-lethal crimes, such as: drug-related offences, economic crimes, sexual relations between consenting adults and blasphemy. Nevertheless, non-abolitionist countries claim that their use of the punishment is consistent with international human rights law. Sophistry knows no limits when it comes to defending the death penalty: legal, economic, even religious and moral arguments have been used to defend what in reality is an atrocious crime. We shall take a look at the various arguments in support of the capital punishment and see if they can stand their ground upon a more thorough analysis.

  5. 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.

  6. 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.

  7. Legal considerations surrounding mandatory influenza vaccination for healthcare workers in the United States.

    Science.gov (United States)

    Randall, Lisa H; Curran, Eileen A; Omer, Saad B

    2013-04-03

    Recent years have brought increased focus on the desirability of vaccinating more healthcare workers against influenza. The concern that novel 2009 H1N1 influenza A would spark a particularly severe influenza season in 2009-2010 spurred several institutions and one state to institute mandatory vaccination policies for healthcare workers, and several new mandates have been introduced since then. Some healthcare workers, however, have voiced objections in the media and in legal proceedings. This paper reviews the characteristics of influenza and how it is transmitted in the healthcare setting; surveys possible constitutional, administrative, and common law arguments against mandates; assesses the viability of those arguments; and identifies potential new legal strategies to support influenza vaccine mandates. It is intended to assist those involved in the regulation and administration of public and private healthcare institutions who may be considering approaches to mandates but have concerns about legal challenges. Copyright © 2013 Elsevier Ltd. All rights reserved.

  8. Coherent phase argument for inflation

    Energy Technology Data Exchange (ETDEWEB)

    Scott Dodelson

    2004-03-17

    Cosmologists have developed a phenomenally successful picture of structure in the universe based on the idea that the universe expanded exponentially in its earliest moments. There are three pieces of evidence for this exponential expansion--inflation--from observations of anisotropies in the cosmic microwave background. First, the shape of the primordial spectrum is very similar to that predicted by generic inflation models. Second, the angular scale at which the first acoustic peak appears is consistent with the flat universe predicted by inflation. Here the author describes the third piece of evidence, perhaps the most convincing of all: the phase coherence needed to account for the clear peak/trough structure observed by the WMAP satellite and its predecessors. The author also discusses alternatives to inflation that have been proposed recently and explain how they produce coherent phases.

  9. Clad Degradation - FEPs Screening Arguments

    Energy Technology Data Exchange (ETDEWEB)

    E. Siegmann

    2004-03-17

    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]).

  10. 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.

  11. 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 expl

  12. 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.

  13. 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

  14. 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.

  15. Calibrating Legal Judgments

    Directory of Open Access Journals (Sweden)

    Frederick Schauer

    2017-09-01

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

  16. Guidelines for writing an argumentative essay

    Directory of Open Access Journals (Sweden)

    Aleksandra Egurnova

    2014-05-01

    Full Text Available 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.

  17. Risk assessment as an argumentation game

    NARCIS (Netherlands)

    Prakken, Henry; Ionita, Dan; Wieringa, Roel; Leite, J.; Son, T.C.; Torrini, P.; Van Der Torre, L.; Woltran, S.

    2013-01-01

    This paper explores the idea that IT security risk assessment can be formalized as an argumentation game in which assessors argue about how the system can be attacked by a threat agent and defended by the assessors. A system architecture plus assumptions about the environment is specified as an ASPI

  18. Beskrivelse, redegørelse, argumentation

    DEFF Research Database (Denmark)

    Ulbæk, Ib

    2017-01-01

    Foredraget vil redegøre for en eksperimentel undersøgelse af, hvorvidt fremstillingsformer er noget, som læsere af tekster, kan identificere. Der er valgt tekster af typerne beskrivelse, redegørelse og argumentation. Forsøgsdeltagerne bliver bedt om, at kategorisere teksterne ved at benytte de tr...

  19. Social values as arguments : similar is convincing

    NARCIS (Netherlands)

    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 persuasive

  20. Architecture-based regulatory compliance argumentation

    DEFF Research Database (Denmark)

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

    2016-01-01

    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....

  1. 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 hvorf...

  2. 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…

  3. 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...

  4. 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,…

  5. Verbal directionality and argument alternation in Dinka

    DEFF Research Database (Denmark)

    Andersen, Torben

    2012-01-01

    (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...

  6. Teachers' Pedagogical Design Capacity for Scientific Argumentation

    Science.gov (United States)

    Knigh-Bardsley Amanda; McNeill, Katherine L.

    2016-01-01

    Despite being identified as an essential scientific practice, argumentation is rarely integrated into instruction. This could be influenced by teachers' pedagogical design capacity (PDC), which considers teaching as a design activity influenced by both instructional resources (such as tools and professional development (PD)) and teacher resources…

  7. Denial of abortion in legal settings.

    Science.gov (United States)

    Gerdts, Caitlin; DePiñeres, Teresa; Hajri, Selma; Harries, Jane; Hossain, Altaf; Puri, Mahesh; Vohra, Divya; Foster, Diana Greene

    2015-07-01

    Factors such as poverty, stigma, lack of knowledge about the legal status of abortion, and geographical distance from a provider may prevent women from accessing safe abortion services, even where abortion is legal. Data on the consequences of abortion denial outside of the US, however, are scarce. In this article we present data from studies among women seeking legal abortion services in four countries (Colombia, Nepal, South Africa and Tunisia) to assess sociodemographic characteristics of legal abortion seekers, as well as the frequency and reasons that women are denied abortion care. The proportion of women denied abortion services and the reasons for which they were denied varied widely by country. In Colombia, 2% of women surveyed did not receive the abortions they were seeking; in South Africa, 45% of women did not receive abortions on the day they were seeking abortion services. In both Tunisia and Nepal, 26% of women were denied their wanted abortions. The denial of legal abortion services may have serious consequences for women's health and wellbeing. Additional evidence on the risk factors for presenting later in pregnancy, predictors of seeking unsafe illegal abortion, and the health consequences of illegal abortion and childbirth after an unwanted pregnancy is needed. Such data would assist the development of programmes and policies aimed at increasing access to and utilisation of safe abortion services where abortion is legal, and harm reduction models for women who are unable to access legal abortion services. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://group.bmj.com/group/rights-licensing/permissions.

  8. Immigrant health: legal tools/legal barriers.

    Science.gov (United States)

    Moua, Mee; Guerra, Fernando A; Moore, Jill D; Valdiserri, Ronald O

    2002-01-01

    The United States is a country of immigrants, our government having been formed by recent arrivals. This trend has continued throughout our history; according to the Center for Immigration Studies, more than 26 million immigrants have settled in the United States since 1970, and approximately one million new immigrants come to the United States each year. The immigrant population faces highly diverse health issues that states, cities, and counties must address, many of which pose significant legal and policy issues. Social, cultural, and linguistic factors complicate those challenges, as does the overlay of federal immigration and health policy. Two federal laws, the Welfare Reform Act of 1996 and Title VI of the federal Civil Rights Act of 1964, have affected immigrants in two very different ways. The former made it difficult for immigrants to qualify for publicly funded benefits. In contrast, Title VI made it easier for immigrants to obtain benefits by requiring federally funded service providers to offer translating services to persons with limited English language skills. Tuberculosis treatment is perhaps the most pressing health need among recent arrivals to the United States. Methods to slow down and hopefully eliminate this disease are underway, but a more comprehensive approach to not only tuberculosis but to immigrant health in general is needed. Indeed, it will benefit those directly affected by tuberculosis and will have serious implications for the entire population for generations to come.

  9. Legal Assistance Guide: Wills

    Science.gov (United States)

    1990-09-01

    requirements, state living will statutes, state death and gift taxes, and adoption of the Uniform Gifts to Minors Act. Several forms designed to be...health care, and a summary of state living will legislation. Legal assistance attorneys are advised that these state and territorial statutes are subject... state living will statutes is Gelfand, Living Will Statutes: The First Decade, 5 Wis. Law. Rev. 737 (1987). a A recent article addressing the types of

  10. Cultural Dimensions Of Legal Discourse

    Directory of Open Access Journals (Sweden)

    Sierocka Halina

    2014-09-01

    Full Text Available Despite the intention for precision and accuracy, legal discourse is oftentimes complex, archaic and ambiguous - which gives rise to contentious interpretation. Moreover, little or no attention is paid to the cultural dimension of legal discourse, which plays a critical role in the translation and interpretation of legal texts, as well as in the application of law. This paper endeavours to illustrate the impact the culture, or, more precisely, legal culture has on the way legal texts are construed or translated and to present problems which arise in the interpretation, translation and application of law as a result of cultural diversities

  11. 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.

  12. 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.

  13. Argumentation research and its implications in science preservice teachers’ training

    Directory of Open Access Journals (Sweden)

    Archila, Pablo Antonio

    2012-09-01

    Full Text Available This article presents a literature review of argumentation research in sciences, it is motivated by the idea that recent advances in argumentation studies indicate that the topic of argumentation should be included in the curriculum and in science teachers’ preservice training. Firstly, some theoretical and practical benefits and developments of argumentation in sciences are exposed, localizing the field with Didactic of Science. Secondly, the intentions of researches which have explored ways for including argumentation in science preservice teachers training are described. Thirdly, the literature is analyzed in order to elucidate the implications of this localization. Finally, recommendations for the inclusion of argumentation in science preservice teachers’ training are proposed.

  14. 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.

  15. 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.

  16. Value-Based Argumentation for Justifying Compliance

    Science.gov (United States)

    Burgemeestre, Brigitte; Hulstijn, Joris; Tan, Yao-Hua

    Compliance is often achieved 'by design' through a coherent system of controls consisting of information systems and procedures . This system-based control requires a new approach to auditing in which companies must demonstrate to the regulator that they are 'in control'. They must determine the relevance of a regulation for their business, justify which set of control measures they have taken to comply with it, and demonstrate that the control measures are operationally effective. In this paper we show how value-based argumentation theory can be applied to the compliance domain. Corporate values motivate the selection of control measures (actions) which aim to fulfill control objectives, i.e. adopted norms (goals). In particular, we show how to formalize the dialogue in which companies justify their compliance decisions to regulators using value-based argumentation. The approach is illustrated by a case study of the safety and security measures adopted in the context of EU customs regulation.

  17. 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 explorations of how to perceive the situations that designers may address; it then provides rhetorical perspectives that may be useful when creating design arguments; finally, examples of how to use these rhetorical perspectives in design are provided. Based on analyzed examples and theories on design problems......, situational perspectives, and rhetorical genres, the article concludes that designers can benefit from perceiving their design as value celebration rather than problem solving....

  18. Augmenting Tractable Fragments of Abstract Argumentation

    CERN Document Server

    Ordyniak, Sebastian

    2011-01-01

    We present a new and compelling approach to the efficient solution of important computational problems that arise in the context of abstract argumentation. Our approach makes known algorithms defined for restricted fragments generally applicable, at a computational cost that scales with the distance from the fragment. Thus, in a certain sense, we gradually augment tractable fragments. Surprisingly, it turns out that some tractable fragments admit such an augmentation and that others do not. More specifically, we show that the problems of credulous and skeptical acceptance are fixed-parameter tractable when parameterized by the distance from the fragment of acyclic argumentation frameworks. Other tractable fragments such as the fragments of symmetrical and bipartite frameworks seem to prohibit an augmentation: the acceptance problems are already intractable for frameworks at distance 1 from the fragments. For our study we use a broad setting and consider several different semantics. For the algorithmic results...

  19. Apocalypse Now? Reviving the Doomsday Argument

    CERN Document Server

    Simpson, Fergus

    2016-01-01

    Whether the fate of our species can be forecast from its past has been the topic of considerable controversy. One refutation of the so-called Doomsday Argument is based on the premise that we are more likely to exist in a universe containing a greater number of observers. Here we present a Bayesian reformulation of the Doomsday Argument which is immune to this effect. By marginalising over the spatial configuration of observers, we find that any preference for a larger total number of observers has no impact on the inferred local number. Our results remain unchanged when we adopt either the Self-Indexing Assumption (SIA) or the Self-Sampling Assumption (SSA). Furthermore the median value of our posterior distribution is found to be in agreement with the frequentist forecast. Humanity's prognosis for the coming century is well approximated by a global catastrophic risk of 0.2% per year.

  20. 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)

  1. 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

  2. How to Write Argumentation in English Persuasively

    Institute of Scientific and Technical Information of China (English)

    苏祎甜

    2014-01-01

    <正>Some problems should be worked out first How to develop a good thesis statement?Thesis statement is the sentence that we look early in an essay for a one-or two-sentence condensation of the argument or analysis that is to follow.It offers a concise solution to the issue being addressed and a brief summary of all explained reasons in the paper.

  3. 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.

  4. 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.

  5. 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.

  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. Common misrepresentation of the Einstein-Podolsky-Rosen argument

    CERN Document Server

    Hnizdo, V

    1998-01-01

    A frequently given version of the argument of Einstein, Podolsky and Rosen against the completeness of the quantum mechanical description is criticized as a misrepresentation that lacks the cogency of the original EPR argument.

  8. 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.

  9. Did Legalized Abortion Lower Crime?

    OpenAIRE

    2001-01-01

    This paper examines the relationship between the legalization of abortion and subsequent decreases in crime. In a current study, researchers estimate that the legalization of abortion explains over half of the recent decline in national crime rates. The association is identified by correlating changes in crime with changes in the abortion ratio weighted by the proportion of the criminal population exposed to legalized abortion. In this paper, I use an alternative identification strategy. I an...

  10. Argument-As-Procedure and "The Art of Controversy."

    Science.gov (United States)

    Hample, Dale; Dallinger, Judith M.

    Scholars have long been interested in the relation between rhetoric and dialectic. Recent theorists suggest that one way of viewing argument is through the perspective of argument-as-procedure, in which rules such as those attendant to the conduct of dialectic, debate, or discussion come under the purview of argumentation. This paper is a critical…

  11. Situating Standard Setting within Argument-Based Validity

    Science.gov (United States)

    Papageorgiou, Spiros; Tannenbaum, Richard J.

    2016-01-01

    Although there has been substantial work on argument-based approaches to validation as well as standard-setting methodologies, it might not always be clear how standard setting fits into argument-based validity. The purpose of this article is to address this lack in the literature, with a specific focus on topics related to argument-based…

  12. Factors impacting teachers' argumentation instruction in their science classrooms

    Science.gov (United States)

    McNeill, Katherine L.; Katsh-Singer, Rebecca; González-Howard, María; Loper, Suzanna

    2016-08-01

    Science education research, reform documents and standards include scientific argumentation as a key learning goal for students. The role of the teacher is essential for implementing argumentation in part because their beliefs about argumentation can impact whether and how this science practice is integrated into their classroom. In this study, we surveyed 42 middle school science teachers and conducted follow-up interviews with 25 to investigate the factors that teachers believe impact their argumentation instruction. Teachers responded that their own learning goals had the greatest impact on their argumentation instruction while influences related to context, policy and assessment had the least impact. The minor influence of policy and assessment was in part because teachers saw a lack of alignment between these areas and the goals of argumentation. In addition, although teachers indicated that argumentation was an important learning goal, regardless of students' backgrounds and abilities, the teachers discussed argumentation in different ways. Consequently, it may be more important to help teachers understand what counts as argumentation, rather than provide a rationale for including argumentation in instruction. Finally, the act of trying out argumentation in their own classrooms, supported through resources such as curriculum, can increase teachers' confidence in teaching argumentation.

  13. Scaffolding for Argumentation in Hypothetical and Theoretical Biology Concepts

    Science.gov (United States)

    Weng, Wan-Yun; Lin, Yu-Ren; She, Hsiao-Ching

    2017-01-01

    The present study investigated the effects of online argumentation scaffolding on students' argumentation involving hypothetical and theoretical biological concepts. Two types of scaffolding were developed in order to improve student argumentation: continuous scaffolding and withdraw scaffolding. A quasi-experimental design was used with four…

  14. Arguing about desirable consequences: what constitutes a convincing argument?

    NARCIS (Netherlands)

    Hoeken, Hans; Timmers, R.H.M.; Schellens, P.J.

    2012-01-01

    Argument quality has consistently been shown to have strong and lasting persuasive effects. The question is what criteria people use to distinguish strong from weak arguments and how these criteria relate to the ones proposed in normative argumentation theory. In an experiment 235 participants witho

  15. Discourse analysis and argumentation theory: the case of television talk

    NARCIS (Netherlands)

    M.A. van Rees

    2007-01-01

    This paper, in discussing the six studies that make up this special issue of the Journal of Pragmatics on argumentation and television talk shows, offers reflections on the relationship between discourse analysis and argumentation theory. First, a brief sketch of both discourse analysis and argument

  16. CONTROVERSIAL LAW ISSUES IN THE ENFORCEMENT OF THE NEW LEGAL PROVISIONS IN FAMILY LAW

    Directory of Open Access Journals (Sweden)

    Dan LUPAȘCU

    2016-05-01

    Full Text Available The relatively short period of the new Romainian Civil Code implementation highlights the existence of some controversial law issues regarding the legal provisions contained in Book II, entitled “About family”. Apart from the theoretical disputes, there are also court decisions that contain different solutions in the enforcement of the same legal provisions. Controversy exists not only in relation to the newly introduced institutions in our legal landscape, but also regarding the ones taken over from the old regulation, institutions that have undergone some changes. The examples are most varied and they do not bypass almost any matter. Thus, we signal the presence of different interpretations of regulations regarding: engagement, marriage, divorce, parentage, adoption, the legal duty to maintain, the parental authority, etc. The present study highlights such controversy’s by presenting the views expressed and the arguments invoked in their support and also some propositions of Ferenda Law.

  17. CONTROVERSIAL LAW ISSUES IN THE ENFORCEMENT OF THE NEW LEGAL PROVISIONS IN FAMILY LAW

    Directory of Open Access Journals (Sweden)

    Dan LUPAȘCU

    2016-06-01

    Full Text Available The relatively short period of the new Romainian Civil Code implementation highlights the existence of some controversial law issues regarding the legal provisions contained in Book II, entitled “About family”. Apart from the theoretical disputes, there are also court decisions that contain different solutions in the enforcement of the same legal provisions. Controversy exists not only in relation to the newly introduced institutions in our legal landscape, but also regarding the ones taken over from the old regulation, institutions that have undergone some changes. The examples are most varied and they do not bypass almost any matter. Thus, we signal the presence of different interpretations of regulations regarding: engagement, marriage, divorce, parentage, adoption, the legal duty to maintain, the parental authority, etc. The present study highlights such controversy’s by presenting the views expressed and the arguments invoked in their support and also some propositions of Ferenda Law.

  18. 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 of the i......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...

  19. Biopiracy: about its legal meanings

    National Research Council Canada - National Science Library

    Ramírez García, Hugo Saúl

    2009-01-01

    This article explores the legal meanings of biopiracy concept, linked to subjects such as intellectual property rights on genetic resources, bioprospecting contracts, right to food, and food security...

  20. 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…

  1. 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…

  2. Inviting Argument by Analogy: Analogical-Mapping-Based Comparison Activities as a Scaffold for Small-Group Argumentation

    Science.gov (United States)

    Emig, Brandon R.; McDonald, Scott; Zembal-Saul, Carla; Strauss, Susan G.

    2014-01-01

    This study invited small groups to make several arguments by analogy about simple machines. Groups were first provided training on analogical (structure) mapping and were then invited to use analogical mapping as a scaffold to make arguments. In making these arguments, groups were asked to consider three simple machines: two machines that they had…

  3. On-Line Synchronous Scientific Argumentation Learning: Nurturing Students' Argumentation Ability and Conceptual Change in Science Context

    Science.gov (United States)

    Yeh, Kuan-Hue; She, Hsiao-Ching

    2010-01-01

    The purpose of this study is to examine the difference in effectiveness between two on-line scientific learning programs--one with an argumentation component and one without an argumentation component--on students' scientific argumentation ability and conceptual change. A quasi-experimental design was used in this study. Two classes of 8th grade…

  4. Fostering Learning through the Use of Argumentative Serious Games

    Science.gov (United States)

    Hatzitaskos, Markos; Karacapilidis, Nikos

    As broadly admitted in the related literature, argumentation can promote learning, teamwork and leadership skills. These skills are central to the future of both developed and developing countries; however, related work reveals that students have difficulties in creating logical arguments. Motivated by the above, this paper proposes an innovative learning technology that aims at supporting argumentation through the use of serious games. Serious games have been shown to engage and motivate users and can be built with limited resources in mind. We comment on the suitability of their features for argumentation purposes, and we discuss how their use on teaching argumentation can be beneficial.

  5. Extension of HPL to complex arguments

    Science.gov (United States)

    Maître, Daniel

    2012-03-01

    In this paper we describe the extension of the Mathematica package HPL to treat harmonic polylogarithms of complex arguments. The harmonic polylogarithms have been introduced by Remiddi and Vermaseren [E. Remiddi, J.A.M. Vermaseren, Int. J. Modern Phys. A 15 (2000) 725, hep-ph/9905237] and have many applications in high energy particle physics. New version program summaryProgram title: HPL Catalogue identifier: ADWX_v2_0 Program summary URL:http://cpc.cs.qub.ac.uk/summaries/ADWX_v2_0.html Program obtainable from: CPC Program Library, Queen's University, Belfast, N. Ireland Licensing provisions: Standard CPC licence, http://cpc.cs.qub.ac.uk/licence/licence.html No. of lines in distributed program, including test data, etc.: 13 610 No. of bytes in distributed program, including test data, etc.: 1 055 706 Distribution format: tar.gz Programming language: Mathematica 7/8. Computer: All computers running Mathematica. Operating system: Operating systems running Mathematica. Supplementary material: Additional "high weight" MinimalSet files available. Classification: 4.7. Catalogue identifier of previous version: ADWX_v1_0 Journal reference of previous version: Comput. Phys. Comm. 174 (2006) 222 Does the new version supersede the previous version?: Yes Nature of problem: Computer algebraic treatment of the harmonic polylogarithms which appear in the evaluation of Feynman diagrams. Solution method: Mathematica implementation. Reasons for new version: Added treatment of complex arguments. Details in arXiv:hep-ph/0703052. Summary of revisions: Added treatment of complex arguments. Details in arXiv:hep-ph/0703052. Running time: A few seconds for each function.

  6. Writing for publication: argument and evidence.

    Science.gov (United States)

    Fahy, Kathleen

    2008-09-01

    The rules for writing a research report for publication are well defined but are much less clear for scholarly scientific papers. The purpose of this paper is to enable new writers to confidently apply the skills of scientific writing within a scholarly paper for publication. Similarities and differences between scientific argument and debating are discussed. Achieving the right 'tone' and emphasis in writing is considered. How to use the correct verb tense is outlined. The importance of a clearly defined question is explained. The elements of an effective scholarly paper are presented and examples given. The elements are the: question, thesis, introduction, body of the paper, conclusion and finally, an abstract.

  7. Theory Reform caused by an Argumentation Tool.

    Science.gov (United States)

    1985-08-13

    caper concerns one such system, called NoteCards. The raier discusses two incidents where using the system uncovered major flaws in the arguments...Navy Personnel R&D Center NTTC (Code 016) San Diego, CA 92152 NAS Memphis (75) Millington, TN 38054 Dr. Barbara Means Human Resources Dr. Richard E...Institute Prcovo, UT 8-:57 Dr. Barbara Hayes-Roth Department of Computer Science Dr. S. ye-::r Stanford University Stanford Un-versity S ta"f r, C A ;33

  8. 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.    ...

  9. 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...

  10. Reasoning about Action: An Argumentation - Theoretic Approach

    CERN Document Server

    Foo, N Y; 10.1613/jair.1602

    2011-01-01

    We present a uniform non-monotonic solution to the problems of reasoning about action on the basis of an argumentation-theoretic approach. Our theory is provably correct relative to a sensible minimisation policy introduced on top of a temporal propositional logic. Sophisticated problem domains can be formalised in our framework. As much attention of researchers in the field has been paid to the traditional and basic problems in reasoning about actions such as the frame, the qualification and the ramification problems, approaches to these problems within our formalisation lie at heart of the expositions presented in this paper.

  11. 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...

  12. The multimodal argumentation of persuasive counter discourses

    DEFF Research Database (Denmark)

    Maier, Carmen Daniela

    are given prominence in the argumentation by examining their complex interplay and functional differentiation. The ways in which speech, writing and images articulate the counter discourse occupy a central position in the analysis. A special focus is put on the multimodal configuration of specific...... and new multimodal ways of discussing them. References Kress, G. 2010. Multimodality. A Social Semiotic Approach to Contemporary Communication. London: Routledge. Van Leeuwen, Theo. 2008. Discourse and Practice. New Tools for Critical Discourse Analysis. Oxford: Oxford University Press. Chouliaraki, L...

  13. Malaysian Students' Scientific Argumentation: Do groups perform better than individuals?

    Science.gov (United States)

    Heng, Lee Ling; Surif, Johari; Hau Seng, Cher

    2015-02-01

    The practices of argumentation have recently been upheld as an important need to develop students' understanding of scientific concepts. However, the present education system in Malaysia is still largely examination-based and teacher-oriented. Thus, this study aims to examine the mastery level of scientific argumentation and its scheme among Malaysian secondary-level science students. A total of 120 students were randomly assigned to answer a Scientific Argumentation Test (SAT), either individually or in a group. Based on the answers, two groups of students, one who have answered with valid scientific concepts and another who have answered with invalid concepts, were identified and interviewed. Quantitative analysis was performed on the SAT results to determine students' mastery of scientific argumentation, and their argumentation schemes were assessed using content analysis performed on the interview transcripts. The results showed that students were weak in the construction of scientific arguments with valid concepts. Moreover, most of the constructed arguments consisted of misconceptions. The results also showed that students who were involved in group argumentation tended to have a more complex argumentation scheme, compared to individual students. As a group, students were able to argue with more scientific elements and showed their understanding of macro and submicro concepts. Hence, science teachers need to emphasize on the construction of scientific argumentation in their teaching, especially at the macro, submicro, and symbolic levels of representations, to ensure students' understanding of the concepts. This will therefore enhance their mastery of scientific argumentation and improve their content knowledge.

  14. 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.

  15. The legal dilemma

    DEFF Research Database (Denmark)

    Pedersen, Karsten

    Plain language changes in the municipality of Stevns In 2014 the municipality of Stevns in Denmark carried out a pilot project to initiate a plain language initiative covering the entire municipality. The pilot project involved a small section of Social Services and dealt with the reformulation...... of a series of letters. The group consisted of the project leader, the section’s head, and five staff members. The staff members went through the letters that they send out to citizens in order to edit them to plain language principles. I followed the process from beginning to end by observing meetings...... language changes aimed at. What to learn from the presentation: •How to design a plain language project •How to include legal advice in a plain language project •How to design a study of plain language changes...

  16. 75 FR 47632 - Thomson Reuters Legal, Legal Editorial Operations, Cleveland Office, Including Workers Whose...

    Science.gov (United States)

    2010-08-06

    ... Employment and Training Administration Thomson Reuters Legal, Legal Editorial Operations, Cleveland Office..., applicable to workers of Thomson Reuters Legal, Legal Editorial Operations, Cleveland Office, Independence... that some workers separated from employment at the Independence, Ohio location of Thomson Reuters...

  17. 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...... and looks at the overlapping roles of authors as activists, teachers, communicators etc....

  18. 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...

  19. 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 inequalit......, proxied by the political ideology of the median voter, exerts an independent influence....

  20. 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 inequalit......, proxied by the political ideology of the median voter, exerts an independent influence....

  1. 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, legislator

  2. The Effect of Legal Families on the Development of Business Law in China: Who’s Really Writing the Rules of the Game?

    NARCIS (Netherlands)

    B. Krug (Barbara); N.E. Betancourt (Nathan)

    2008-01-01

    textabstractLegal Origin Theory is applied to Reform China’s legal system in order to create a development model for a national legal system influenced by multiple legal families. Utilizing an extensive literature review and assessment of national laws affecting property rights, the model depicts

  3. The Effect of Legal Families on the Development of Business Law in China: Who’s Really Writing the Rules of the Game?

    NARCIS (Netherlands)

    B. Krug (Barbara); N.E. Betancourt (Nathan)

    2008-01-01

    textabstractLegal Origin Theory is applied to Reform China’s legal system in order to create a development model for a national legal system influenced by multiple legal families. Utilizing an extensive literature review and assessment of national laws affecting property rights, the model depicts ho

  4. Group decision support using Toulmin argument structures

    Energy Technology Data Exchange (ETDEWEB)

    Janssen, T. [Argonne National Lab., IL (United States)]|[George Mason Univ., Fairfax, VA (United States). School of Information Technology and Engineering; Sage, A.P. [George Mason Univ., Fairfax, VA (United States). School of Information Technology and Engineering

    1996-12-31

    This paper addresses the need for sound science, technology, and management assessment relative to environmental policy decision making through an approach that involves a logical structure for evidence, a framed decision-making process, and an environment that encourages group participation. Toulmin-based logic possesses these characteristics and is used as the basis for development of a group decision support system. This system can support several user groups, such as pesticide policy-making experts, who can use the support system to state arguments for or against an important policy issue, and pest management experts, who can use the system to assist in identifying and evaluating alternatives for controlling pests on agricultural commodities. The resulting decision support system assists in improving the clarity of the lines of reasoning used in specific situations; the warrants, grounds, and backings that are used to support claims and specific lines of reasoning; and the contradictions, rebuttals, and arguments surrounding each step in the reasoning process associated with evaluating a claim or counterclaim. Experts and decisions makers with differing views can better understand each other`s thought processes. The net effect is enhanced communications and understanding of the whole picture and, in many cases, consensus on decisions to be taken.

  5. Legal Language in Intercultural Communication

    Directory of Open Access Journals (Sweden)

    Violeta Janulevičienė

    2012-12-01

    Full Text Available This paper addresses the considerable role of legal translation in intercultural communication. Effective intercultural communication requires sufficient language skills and also extensive knowledge of the cultures involved, which encompass official social behaviour norms, enshrined in the corresponding legal systems. The basic legal terms often pose substantial difficulties even for experienced translators and, hence, to communication, because these terms nominate concepts that are inherently linked with culture, moral values and legal tradition of a given country. In intercultural communication the most widely used legal English is permeated by Anglo-Saxon legal system and concepts which have little or no equivalents in Romano-Germanic or other continental law countries. The authors present a comparative analysis of the translation strategies employed by the compilers of two main English-Lithuanian law dictionaries (V. Bitinaitė „Mokomasis anglų-lietuvių kalbų teisės terminų žodynas“ and O. Armalytė, L. Pažūsis. „Anglų-lietuvių kalbų teisės žodynas“ in translation of the English-Welsh law terms defining abstract common law terms, some specific English-Welsh legal professions and the English-Welsh court names. The findings of the analysis reveal the difficulties which the dictionary compilers have to cope with when translating culture-bound terms and the strategies chosen by them for problematic translations. The research also highlights the role of the legal language translator as the key figure in facilitating different cultural background comprehension of the legal terms and, what is even more important, specific aspects of legal systems; the latter being necessary for efficacious intercultural cooperation.

  6. Sense-making software for crime investigation : how to combine stories and arguments?

    NARCIS (Netherlands)

    Bex, F.J.; Braak, S.W. van den; Oostendorp, H. van; Prakken, H.; Verheij, H.B.; Vreeswijk, G.A.W.

    2007-01-01

    Sense-making software for crime investigation should be based on a model of reasoning about evidence that is both natural and rationally well-founded. A formal model is proposed that combines AI formalisms for abductive inference to the best explanation and for defeasible argumentation. Stories

  7. Inquiry Based-Computational Experiment, Acquisition of Threshold Concepts and Argumentation in Science and Mathematics Education

    Science.gov (United States)

    Psycharis, Sarantos

    2016-01-01

    Computational experiment approach considers models as the fundamental instructional units of Inquiry Based Science and Mathematics Education (IBSE) and STEM Education, where the model take the place of the "classical" experimental set-up and simulation replaces the experiment. Argumentation in IBSE and STEM education is related to the…

  8. Whose Freedom and Equity in Public Relations? The Gender Balance Argument.

    Science.gov (United States)

    Toth, Elizabeth Lance

    Unequal treatment, unequal value and unequal power are three aspects of the gender balance argument in public relations. The few models describing how public relations is practiced do not distinguish the component parts on the basis of gender. Such models do not consider the men and women in the intra-institutional processes as processors of…

  9. 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…

  10. 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.

  11. 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

  12. A Dialogic Approach to Argumentation: Using a Chat Room To Develop Early Adolescent Students' Argumentative Writing.

    Science.gov (United States)

    Morgan, Wendy; Beaumont, Glenn

    2003-01-01

    Describes how a teacher and researcher in Australia engaged students in chat-room discussion as a bridge between speaking and writing. Discusses the characteristics of formal written argumentation and recent theoretical reemphasis on its rhetorical and dialogical nature. Describes the classroom strategies devised to develop the students' ability…

  13. 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.

  14. 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

  15. "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.

  16. How International is the European Legal Order?

    OpenAIRE

    Besson, Samantha

    2012-01-01

    As Kaarlo Tuori has often emphasized, one of the most important challenges the current legal reality in Europe raises for legal theory lies in the integration of autonomous legal orders applying directly to the same people, hence the impact of this European brand of legal pluralism on traditional legal theories. Indeed, as I have argued elsewhere, what is needed in European legal theory is not only a translation of national concepts into European ones to avoid the dangers of rigid statism and...

  17. 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)

  18. Bridging the Legitimacy Gap: A Proposal for the International Legal Recognition of INGOs

    DEFF Research Database (Denmark)

    Thrandardottir, Erla; Keating, Vincent Charles

    2017-01-01

    and members of international society. In seeking to address this disjunction, we highlight the limits of the current literature in understanding legitimacy as primarily sociological phenomena through an examination of the accountability agenda. We then propose a template for INGO legal recognition based...... on the principles that underpin the regulation of charities in English law as a first step in a gradualist argument for the institution of their international de jure legitimacy....

  19. preliminary study of American legal culture

    Institute of Scientific and Technical Information of China (English)

    周杨

    2016-01-01

    This thesis is a preliminary study of American legal culture. Nowadays more and more scholars see the importance of legal culture and do studies on it. The author selects a number of American legal TV plays and movies; analyzes their topics, main characters, and plots; then finds out why United States adopt the legal system; what kind of legal culture it has; and how the legal culture is reflected in those movies and TV plays. The author hopes this thesis can work not only as an insight into the American legal culture, but also a source of reference for china to improve its legal system.

  20. Legalized Abortion in Japan

    Science.gov (United States)

    Hart, Thomas M.

    1967-01-01

    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. PMID:6062283

  1. 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

  2. SPAM -- Technological and Legal Aspects

    CERN Document Server

    Banday, M Tariq

    2011-01-01

    In this paper an attempt is made to review technological, economical and legal aspects of the spam in detail. The technical details will include different techniques of spam control e.g., filtering techniques, Genetic Algorithm, Memory Based Classifier, Support Vector Machine Method, etc. The economic aspect includes Shaping/Rate Throttling Approach/Economic Filtering and Pricing/Payment based spam control. Finally, the paper discusses the legal provisions for the control of spam. The scope of the legal options is limited to USA, European Union, New Zealand, Canada, Britain and Australia.

  3. A Theological Argument for an Everett Multiverse

    CERN Document Server

    Page, Don N

    2012-01-01

    Science looks for the simplest hypotheses to explain observations. Starting with the simple assumption that {\\em the actual world is the best possible world}, I sketch an {\\it Optimal Argument for the Existence of God}, that the sufferings in our universe would not be consistent with its being alone the best possible world, but the total world could be the best possible if it includes an omnipotent, omniscient, omnibenevolent God who experiences great value in creating and knowing a universe with great mathematical elegance, even though such a universe has suffering. God seems loathe to violate elegant laws of physics that He has chosen to use in His creation, such as Maxwell's equations for electromagnetism or Einstein's equations of general relativity for gravity within their classical domains of applicability, even if their violation could greatly reduce human suffering (e.g., from falls). If indeed God is similarly loathe to violate quantum unitarity (though such violations by judicious collapses of the w...

  4. 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.

  5. The multimodal argumentation of persuasive counter discourses

    DEFF Research Database (Denmark)

    Maier, Carmen Daniela

    with the characteristics and potential fallacies of the advertising discourse of commercials. The original advertising discourse is deconstructed and reconstructed with additional visual material in front of the viewers’ eyes who are instructed by a voiceover narrator what to look at and how to identify and decode...... and critical participants in the process of message understanding. In this paper, I explore the Media Bites videos that identify and discuss problematic gender issues in commercials advertising various products. I adopt a multimodal approach in my discourse analysis and I establish which semiotic modes...... are given prominence in the argumentation by examining their complex interplay and functional differentiation. The ways in which speech, writing and images articulate the counter discourse occupy a central position in the analysis. A special focus is put on the multimodal configuration of specific...

  6. On multiple zeta values of even arguments

    Energy Technology Data Exchange (ETDEWEB)

    Hoffmann, Michael E. [U.S. Naval Academy, Annapolis, MD (United States). Dept. of Mathematics; Deutsches Elektronen-Synchrotron (DESY), Zeuthen (Germany)

    2012-06-15

    For k {<=} n, let E(2n,k) be the sum of all multiple zeta values with even arguments whose weight is 2n and whose depth is k. Of course E(2n,1) is the value {zeta}(2n) of the Riemann zeta function at 2n, and it is well known that E(2n,2)=(3)/(4){zeta}(2n). Recently Z. Shen and T. Cai gave formulas for E(2n,3) and E(2n,4) in terms {zeta}(2n) and {zeta}(2){zeta}(2n-2). We give two formulas form E(2n,k), both valid for arbitrary k{<=}n, one of which generalizes the Shen-Cai results; by comparing the two we obtain a Bernoulli-number identity. We also give an explicit generating function for the numbers E(2n,k).

  7. Foundations of Academic Freedom: Making New Sense of Some Aging Arguments

    Science.gov (United States)

    Andreescu, Liviu

    2009-01-01

    The article distinguishes between the various arguments traditionally offered as justifications for the principle of academic freedom. Four main arguments are identified, three consequentialist in nature (the argument from truth, the democratic argument, the argument from autonomy), and one nonconsequentialist (a variant of the autonomy argument).…

  8. A Measure of Perceived Argument Strength: Reliability and Validity.

    Science.gov (United States)

    Zhao, Xiaoquan; Strasser, Andrew; Cappella, Joseph N; Lerman, Caryn; Fishbein, Martin

    2011-03-04

    Studies of the content of persuasive messages in which the central arguments of the message are scrutinized have traditionally relied on the technique of thought-listing to assess argument strength. Although the validity of the thought-listing procedure is well documented, its utility can be limited in situations involving non-adult populations and sensitive topics. In this paper we present a self-reported scale that can be used to assess perceived argument strength in contexts where thought-listing may be less appropriate. This scale taps into perceived argument strength from multiple points of view, including but also extending beyond the potential of the argument to elicit positive and negative thoughts. Reliability and validity of this scale were assessed in health communication contexts involving anti-drug PSAs directed at adolescents and anti-smoking PSAs targeting adults. Evidence of convergence between this scale and the thought-listing technique was also obtained using the classical comprehensive exam arguments.

  9. Writing to Learn by Learning to Write during the School Science Laboratory: Helping Middle and High School Students Develop Argumentative Writing Skills as They Learn Core Ideas

    Science.gov (United States)

    Sampson, Victor; Enderle, Patrick; Grooms, Jonathon; Witte, Shelbie

    2013-01-01

    This study examined how students' science-specific argumentative writing skills and understanding of core ideas changed over the course of a school year as they participated in a series of science laboratories designed using the Argument-Driven Inquiry (ADI) instructional model. The ADI model is a student-centered and writing-intensive approach to…

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

    Directory of Open Access Journals (Sweden)

    Kovačević Slaviša

    2014-01-01

    the public interest is defined and normatively framed in line with these interests, there are diverse quasi-techniques which reflect the arbitrary application of law. The recent state-building legal history is characterized by a prominent legal discontinuity, which has two forms of expression: first, legal discontinuity is a result of frequent changes of different and often conflicting socio-political systems of government, which are necessarily accompanied by respective changes in the positive legislation; second, discontinuity may also be a result of frequent legislative changes within a specific type of legal system. Such practices give rise to contradictions and polarizations in the legal culture and legal socialization. The common feature of all legal systems (thus far is the problem of applying the law, or the applicability of the normative framework. The normative legal tradition is not accompanied by the consistent factual application of the envisaged norms. Frequently, there is a prominent incongruity between the norm and the actual state of affairs. In addition to undermining the important function of law, this phenomenon shows the prevalence of traditional legal heritage in Serbian social relations. In comparison to transition countries which have meanwhile been integrated into the European Union, the Serbian society is poverty-stricken, economically devastated, inadequately structured in terms of public/private interests, normatively underdeveloped and value-barren; as such, it is difficult to administer and hard to change. The heritage of socio-economic relations slows down the reception of the liberal-democratic system and the adjustment to the model of competitive market economy. The former model of irrational authority of a powerful leader and a single-party system has been transformed into the party-state system (partocracy involving the dominant role of the authoritarian party leadership, which slows down the development of independent, autonomous

  11. Life shortening and physician assistance in dying: euthanasia from the viewpoint of German legal medicine.

    Science.gov (United States)

    Oehmichen, M; Meissner, C

    2000-01-01

    Around the world heated debates have broken out on the topic of active euthanasia. Specialists in the field of 'forensic medicine' have taken full part in these discussions. The present survey from the point of view of forensic medicine begins with a look at current terminology and at the laws pertaining to euthanasia in Germany. These laws are then contrasted with actual practice, including a description of the increasing acceptance of active euthanasia by the German population and its legalization in Holland. The main argument against active euthanasia is that its formal acceptance in law would cause the dam of restraint to burst, culminating in widespread misuse, as already seen in recent serial killings by nurses in hospitals and homes for the elderly around the world. Contrasted to this are the arguments for taking active steps at the end of life, including emotional considerations such as the revulsion against mechanized medicine and the fear of pain and rational arguments such as the necessity to end a 'life unworthy of life', to save medical costs, and obtaining prior consent in 'living wills'. Such considerations have put in jeopardy the moral integrity of the medical profession - and thus the layperson's trust in physicians - around the world. In Germany especially the history of mass killing during the Nazi era constitutes a fundamental argument against active euthanasia. As a consequence, in Germany active euthanasia will not receive legal sanction, although recommendations on rendering dying more bearable are permitted. Copyright 2000 S. Karger AG, Basel

  12. Legal English Vocabulary and Its Translation

    Institute of Scientific and Technical Information of China (English)

    WANG Kuang-zheng

    2016-01-01

    There are differences between legal English and general English. Legal English relates to the legal profession. Law needs to maintain the impression of seriousness, standardization, accuracy and objectiveness, and as a result, legal English also has these characteristics. Compared to general everyday English, the application of legal English vocabulary requires consider-ation of these characteristics. In the translation of legal content, attention is also needed to be paid to the characteristics of foren-sic linguistics. Standardized legal terms are used in the translation of legal regulations and other content to keep the characteris-tics of faithfulness, accuracy, smoothness and consistency. In this paper, legal English vocabulary is discussed based on its char-acteristics, as well as the method of translation of legal content. For practical translation of legal English, translation methods in-clude literal translation, free translation and addition and omission. These methods are briefly discussed in this paper.

  13. Legal English Vocabulary and Its Translation

    Institute of Scientific and Technical Information of China (English)

    WANG Kuang zheng

    2016-01-01

    There are differences between legal English and general English. Legal English relates to the legal profession. Law needs to maintain the impression of seriousness, standardization, accuracy and objectiveness, and as a result, legal English also has these characteristics. Compared to general everyday English, the application of legal English vocabulary requires consideration of these characteristics. In the translation of legal content, attention is also needed to be paid to the characteristics of forensic linguistics. Standardized legal terms are used in the translation of legal regulations and other content to keep the characteristics of faithfulness, accuracy, smoothness and consistency. In this paper, legal English vocabulary is discussed based on its characteristics, as well as the method of translation of legal content. For practical translation of legal English, translation methods include literal translation, free translation and addition and omission. These methods are briefly discussed in this paper.

  14. Retroactive Legal Changes and Revision Theory in Defeasible Logic

    Science.gov (United States)

    Rotolo, Antonino

    In earlier works, we used Defeasible Logic to argue that techniques from belief and base revision encounter a number of difficulties in modelling legal dynamics. In particular, we showed that these techniques are not suitable when legal changes are retroactive. This suggested to adopt a different logical model able to express two main timelines, one internal to a given temporal version of the legal system, and another relative to how the legal system evolves over time. In this paper, we adjust our view and show that, under some restrictions, ideas from base revision, if applied to Defeasible Logic or to similar rule-based systems, can indeed capture some significant aspects of annulments, abrogations, and derogations.

  15. 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.

  16. Argumentation meets adapted cognition: manipulation in media discourse on immigration

    OpenAIRE

    Hart, Christopher

    2013-01-01

    Critical discourse analysis has focussed extensively on argumentation in anti-immigration discourse where a specific suite of argumentation strategies has been identified as constitutive of the discourse. The successful perlocutionary effects of these arguments are analysed as products of pragmatic processes based on ‘common-sense’ reasoning schemes known as topoi. In this paper, I offer an alternative explanation grounded in cognitive-evolutionary psychology. Specifically, it is shown that a...

  17. Improving EFL argumentative writing: A dialogic critical thinking approach

    OpenAIRE

    Mansoor Fahim; Mostafa Mirzaii

    2013-01-01

    ELT has traditionally practiced the teaching of argumentative writing through conventional writing instruction and as such has disregarded critical thinking, a capability essential to argumentative writing. The present study, therefore, aimed at enhancing EFL argumentative writing through the coupling of writing instruction and dialogic critical thinking. To this aim, 48 Iranian EFL learners, selected through cluster sampling, were randomly assigned to either the experimental group―receiving ...

  18. Attitude and argumentation: an analysis of secondary school writing production

    OpenAIRE

    Abreu,Adriana Rodrigues de; Adriana Nogueira Accioly NÓBREGA

    2015-01-01

    This article aims at discussing argumentation in secondary school writing production considering resources of attitude, which may create writers’ authorial positioning (HYLAND, 2012). The study focuses on Systemic-Functional Linguistics (HALLIDAY; HASAN, 1989; HALLIDAY, 1994; HALLIDAY; MATTHIESSEN, 2004), in particular on the Appraisal System (MARTIN; WHITE, 2005), in interface with a social perspective of argumentation (BRETON, 2003). Two argumentative texts are analyzed through a qualitativ...

  19. Federal Aviation Administration Legal Interpretations

    Data.gov (United States)

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

  20. The Legal System in China

    Institute of Scientific and Technical Information of China (English)

    2006-01-01

    @@ The present legal system dates back to the late 1970s. The Sino-Foreign Equity Joint Venture (JV) Law of 1979 was the first step towards creating laws to meet the changing political and economic landscape.

  1. The users of legal information

    Directory of Open Access Journals (Sweden)

    Fabio Assis Pinho

    2012-04-01

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

  2. Response to 'Fear of death and the symmetry argument'

    Directory of Open Access Journals (Sweden)

    Natalja Deng

    Full Text Available ABSTRACT This article is a response to 'Fear of death and the symmetry argument', in this issue. In that article, the author discusses the above Lucretian symmetry argument, and proposes a view that justifies the existing asymmetry in our attitudes towards birth and death. I begin by distinguishing this symmetry argument from a different one, also loosely inspired by Lucretius, which also plays a role in the article. I then describe what I take to be the author's solution to the original symmetry argument (i.e. the one above and explain why I am unpersuaded by it.

  3. Constructional Approach as Compared with Projectionist Approach to Argument Structure

    Institute of Scientific and Technical Information of China (English)

    戴好运

    2016-01-01

    Projectionist accounts of argument structure give verb's semantic representation a central role in sentence interpretation, it is held that the argument structure and alternations related with a verb are always the product of its semantic representation. However, a circularity problem arises. To solve this problem, Goldberg (1995)'s constructional approach proposed that argument structure patterns are linguistic units in their own right. This paper attempts to make a comparison between projectionist approach and constructional approach to argument structure and discuss constructional approach's advantage in reducing verb senses and avoiding circularity.

  4. Fregego krytyka dowodu ontologicznego (FREGE'S CRITICISM OF THE ONTOLOGICAL ARGUMENT

    Directory of Open Access Journals (Sweden)

    Arkadiusz Gut

    2005-06-01

    Full Text Available The paper reconstructs Frege's criticism of the ontological argument for the existence of God on the basis of various remarks scattered in his writings. The material is organized in such a way as to: (a reveal a logical structure of the argument; (b show and discern various presupposition of a logical, semantical and ontological character; and (c indicate some essential weaknesses of the ontological argument. It is argued that Frege's critical commentaries on this argument are essentially connected to four solutions, stating that: (1 the difference between a name and a predicate is categorical; (2 the existential judgement possesses a different logical structure than the singular judgement; (3 in the characteristic of concepts marks and properties should be distinguished; (4 the ascription of number contains the statement about a concept. In order to make Frege's argumentation as understandable as possible it is confronted with Kant's criticism of ontological argument. The analysis carried on in the above-described way reveals a number of shortcomings which discredit the ontological argument. For example, the paper shows that the analysis of predication of oneness (Einzigkeit does not lead to the affirmation of God's existence. Moreover, it shows that in that argument the term God is used in two different semantic roles; that some theses that should constitute the argument's conclusion, are already assumed; and that sense-condition and truth-conditions are not distinguished.Other author's publications:

  5. Preface: From Pragmatics and Dialectics to Argument Studies

    Directory of Open Access Journals (Sweden)

    Budzynska Katarzyna

    2014-03-01

    Full Text Available Pragmatics and dialectics are two disciplines which have been amongst the first and most important partners for argument studies in the exploration of the complex realm of communication. Treating argumentation as a construct consisting of premises and conclusion allows for investigating some interesting properties of the phenomenon of reasoning, but does not capture a variety of aspects related to the usage of natural language and dialogical context in which real-life argumentation is typically embedded. This special issue explores some of the fascinating research questions which emerge when we move beyond logic into the territory of the pragmatics and dialectics of argument.

  6. Legal Aspects of Telepathology

    Directory of Open Access Journals (Sweden)

    Christian Dierks

    2000-01-01

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

  7. [Biopiracy: about its legal meanings].

    Science.gov (United States)

    Ramírez García, Hugo Saúl

    2009-01-01

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

  8. 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

  9. Discovering Argument: Linking Literacy, Citizenship Education, and Persuasive Advocacy

    Directory of Open Access Journals (Sweden)

    Peter Brett

    2014-05-01

    Full Text Available This paper explores persuasive writing and what more might be done to help equip young people with the written literacy tools to be effective participants in civic activism. Firstly, we argue from an Australian (and Tasmanian context that there may be merit in teachers and students re-visiting some of the advice from classical rhetoric around the discovery of arguments. Secondly, we analyse challenges that 14 year old students face in responding to Australia’s national literacy tests which include a persuasive writing task – and exemplify this section with evidence drawn from a data source of outstanding student responses. We conclude by critically reviewing and augmenting the literacy strategies suggested in a representative citizenship education teaching text, and suggest a tentative stepped model for supporting high quality persuasive writing in the context of active citizenship and democratic engagement.

  10. A Software Tool for Legal Drafting

    CERN Document Server

    Gorín, Daniel; Schapachnik, Fernando; 10.4204/EPTCS.68.7

    2011-01-01

    Although many attempts at automated aids for legal drafting have been made, they were based on the construction of a new tool, completely from scratch. This is at least curious, considering that a strong parallelism can be established between a normative document and a software specification: both describe what an entity should or should not do, can or cannot do. In this article we compare normative documents and software specifications to find out their similarities and differences. The comparison shows that there are distinctive particularities, but they are restricted to a very specific subclass of normative propositions. The rest, we postulate, can be dealt with software tools. For such an enterprise the \\FormaLex tool set was devised: an LTL-based language and companion tools that utilize model checking to find out normative incoherences in regulations, contracts and other legal documents. A feature-rich case study is analyzed with the presented tools.

  11. A Software Tool for Legal Drafting

    Directory of Open Access Journals (Sweden)

    Daniel Gorín

    2011-09-01

    Full Text Available Although many attempts at automated aids for legal drafting have been made, they were based on the construction of a new tool, completely from scratch. This is at least curious, considering that a strong parallelism can be established between a normative document and a software specification: both describe what an entity should or should not do, can or cannot do. In this article we compare normative documents and software specifications to find out their similarities and differences. The comparison shows that there are distinctive particularities, but they are restricted to a very specific subclass of normative propositions. The rest, we postulate, can be dealt with software tools. For such an enterprise the FormaLex tool set was devised: an LTL-based language and companion tools that utilize model checking to find out normative incoherences in regulations, contracts and other legal documents. A feature-rich case study is analyzed with the presented tools.

  12. Analysis of Discourse Markers in Chinese Students’ Argumentative Speech Chinese Students’ Argumentative Speech

    Institute of Scientific and Technical Information of China (English)

    QU; Jingwen; WANG; Yongli; DING; Shaojun

    2015-01-01

    DMs are a set of lexical and non-lexical forms which commonly appear in communication.Rather than other researches who focus on discourse markers in natural English speaking context,this paperexamines Chinese students’ usage of DMs in argumentative speeches and indicates that proper use of discourse markers could facilitate the communication process and more attention should be given to learning and teaching discourse markers by both students and teachers.

  13. 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

  14. Developing a Theoretical Framework to Assess Taiwanese Primary Students' Geometric Argumentation

    Science.gov (United States)

    Lee, Tsu-Nan

    2015-01-01

    Geometric competences of students have sparked great concern in Taiwan since the release of the last TIMMS [Trends in International Mathematics and Science Study] assessment. Geometric argumentation is viewed as to play an important role to enhance the competences of geometry and reasoning. This study adopts Toulmin's (2003) model to develop such…

  15. Effects of Task Complexity on the Fluency and Lexical Complexity in EFL Students' Argumentative Writing

    Science.gov (United States)

    Ong, Justina; Zhang, Lawrence Jun

    2010-01-01

    Based on Robinson's (2001a,b, 2003) Cognition Hypothesis and Skehan's (1998) Limited Attentional Capacity Model, this study explored the effects of task complexity on the fluency and lexical complexity of 108 EFL students' argumentative writing. Task complexity was manipulated using three factors: (1) availability of planning time; (2) provision…

  16. Arguments, Contradictions, Resistances, and Conceptual Change in Students' Understanding of Atomic Structure.

    Science.gov (United States)

    Niaz, Mansoor; Aguilera, Damarys; Maza, Arelys; Liendo, Gustavo

    2002-01-01

    Reports on a study aimed at facilitating freshman general chemistry students' understanding of atomic structure based on the work of Thomson, Rutherford, and Bohr. Hypothesizes that classroom discussions based on arguments/counterarguments of the heuristic principles on which these scientists based their atomic models can facilitate students'…

  17. A Basic Classification of Legal Institutions

    NARCIS (Netherlands)

    Ruiter, Dick W.P.

    1997-01-01

    The author offers a general definition of legal institutions. A distinction between institutional legal concepts, legal institutions and social institutions makes it possible to define legal institutions as systems of valid presentations of what must occur in social reality in order that the former

  18. Legal Typewriting, Business Education: 7705.35.

    Science.gov (United States)

    Missirlian, Melanie

    The course is designed to help the student qualify for employment as a typist in a legal office. Instruction is given to enable the student to prepare all types of legal documents, spell and use legal terminology correctly, and transfer legal information from one document to another. The course description includes: (1) equipment and supplies, (2)…

  19. Legal capacity of the elderly in Greece.

    Science.gov (United States)

    Giannouli, Vaitsa; Tsolaki, Magda

    2014-01-01

    Legal capacity of the elderly people in Greece is of great legal, medical and social importance, but has received little attention till now from medical literature. This paper aims to study whether elderly people with dementia are able to participate in legal contracts like sales, purchases, loans, leases, donations and testaments. We tried to introduce a new test for the above legal-financial contracts and show some preliminary findings. The test consists of six examined relevant domains concerning basic monetary skills, cash transactions, bank statement management, financial conceptual knowledge, knowledge of potential heirs (beneficiaries) and assets/estate and finally the decision making process for different dilemmas on sales, purchases, loans, leases, donations and testaments. We studied 203 people. Eighty three people were healthy, 64 with Alzheimer's disease (AD) (10 with severe AD, 22 with moderate, and 32 with mild AD), 10 with Parkinson's disease (PD), and 46 with amnestic Mild Cognitive Impairment (aMCI). Individuals were included in the study only if they were aged 60 and over and only if they had a partner or a guardian who could give information on the individual's daily living. The exclusion criteria were predefined as follows: history of any other mental health disease and/or any other serious somatic health disease except for their official diagnosis of dementia. Results showed statistically significant differences with all three groups of patients characterized as incapable for legal-financial actions. Patients with severe AD (P<0.001), patients with moderate AD (P<0.001), patients with mild AD (P<0.001), patients with PD (P<0.001) and aMCI patients (P<0.001) differed significantly from healthy controls. Further research should include more extensive sampling of elderly patients with varying demographic characteristics in Greece, to confirm and expand our initial findings. In conclusion, our new test which is based on Marson's theoretical model

  20. Alpine Windharvest: development of information base regarding potentials and the necessary technical, legal and socio-economic conditions for expanding wind energy in the Alpine Space - Alpine Space wind map - Modeling approach

    Energy Technology Data Exchange (ETDEWEB)

    Schaffner, B.; Remund, J. [Meteotest, Berne (Switzerland)

    2005-07-01

    This report presents describes the development work carried out by the Swiss meteorology specialists of the company METEOTEST as part of a project carried out together with the Swiss wind-energy organisation 'Suisse Eole'. The framework for the project is the EU Interreg IIIB Alpine Space Programme, a European Community Initiative Programme funded by the European Regional Development Fund. The project investigated the use of digital relief-analysis. The series of reports describes the development and use of a basic information system to aid the investigation of the technical, legal and socio-economical conditions for the use of wind energy in the alpine area. This report discusses two modelling approaches investigated for use in the definition of a wind map for the alpine area. The method chosen and its application are discussed. The various sources of information for input to the model are listed and discussed.

  1. LEGAL ENTITIES IN ROMANIAN PRIVATE INTERNATIONAL LAW

    Directory of Open Access Journals (Sweden)

    Berlingher Remus Daniel

    2013-12-01

    Full Text Available Legal entities play an increasing role in international economic relations, as well as in political, cultural, social or human relations. Any legal entity is subject to the law of a certain country, as it can only exist or function on the basis of legal provisions. In this sense, the paper analyses the law applicable to the organic statute of a legal entity, the importance and criteria underlying the establishment of a legal entity’s nationality, the recognition of foreign legal entities in Romania, as well as the rights and obligations of foreign legal entities residing in our country.

  2. Sources of Hong Kong Civil Legal Proceedings Legal Regulation

    Directory of Open Access Journals (Sweden)

    Elena P. Ermakova

    2014-06-01

    Full Text Available In the present article author gives characteristic of the civil legal proceedings sources of legal regulation in Hong Kong: statute law, delegated legislation, general law, the Chinese common law. System of the Hong Kong law sources completely corresponds to the system of England civil procedural law sources. Till June 30, 1997 Hong Kong was a colony of the Great Britain. Since 1997 Hong Kong became a special administrative region of the People's Republic of China (PRC. Laws of Hong Kong on courts, on proofs, on the legal aid, on administration of justice contain references to the corresponding English legal acts. The feature of the Hong Kong legal system is due to the fact that Hong Kong Basic Law of 1990 sets on the territory of the country a simultaneous action of two systems of the legislation until 2047: legislation of Hong Kong created before 1997 under the influence Great Britain and legislation of People's Republic of China which regulates questions of foreign policy and country’s defense. The list of sources of the civil procedural law of Hong Kong includes: 1 statute law; 2 delegated legislation (rule of courts; 3 general law (precedents. Author gives opinions of jurists and practicians both from China, and from other countries, present own definitions and justifications.

  3. LEGAL AND ECONOMIC PERSPECTIVES ON THE LEGAL PENALTY INTEREST

    Directory of Open Access Journals (Sweden)

    Rodica Diana APAN

    2014-06-01

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

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

    Directory of Open Access Journals (Sweden)

    Borisova S.E.

    2017-01-01

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

  5. Legal Loopholes and the Politics of Executive Term Limits: Insights from Burundi

    Directory of Open Access Journals (Sweden)

    Stef Vandeginste

    2016-01-01

    Full Text Available The nomination of incumbent Pierre Nkurunziza to stand again for president in the 2015 national elections triggered a political and security crisis in Burundi. A crucial element in the controversy around his third term was the legality of his candidacy. This paper analyses how domestic and international actors responded to the legal loopholes that characterised Burundi’s term-limit legislation. Three responses are distinguished. First, quite paradoxically, an argument was put forward by third-term supporters that stressed constitutional legality, a value usually invoked by third-term opponents. Second, a peace agreement was referred to as a source of legitimacy and as a legal norm. Third, a Constitutional Court ruling was invoked to address the legal loophole. Despite the apparent irrelevance of legal norms in an increasingly authoritarian environment, law significantly shaped the dynamics of the third-term debate and of the wider crisis. The Burundi case also illustrates the limitations of constitutional engineering of democratic governance.

  6. Autorität, Tradition, Argumentation bei der Formierung des rabbinischen Rechtsdiskurses – Authority, tradition and argumentation in the formation of rabbinical legal discourse

    Directory of Open Access Journals (Sweden)

    Reichman Ronen

    2016-10-01

    Full Text Available Bezüglich der Frage nach dem Sinn des Lebens wird im Talmud erzählt, dass die Anhänger der zwei Gründungsschulen der rabbinischen Bewegung, der Schule Shammai und der Schule Hillel, zweieinhalb Jahre darüber gestritten haben, bis sie zu einem Ergebnis kamen. Der Geltungsanspruch auf Wahrhaftigkeit lässt sich schwer thematisieren. Deshalb bricht an dieser Stelle die Kontroverse ab. Wir stellen fest: Bei diesem dialektischen Diskussionsverlauf handelt es sich nicht um einen Diskurs im engen Sinn. Es ist wiederum ein Machtspiel im Gewand eines Diskurses, eben ein Machtdiskurs. Concerning the question about the meaning of life we are told in the Talmud that the adherents of the two founding schools of the rabbinic movement, the school of Shammai and the school of Hillel, disputed for two and a half years over it, until they came to a conclusion. The validity claim to truthfulness is a difficult subject for discussion. This is why the controversy breaks off at this point. We have established, that this dialectical discussion process is not a discourse in the narrow sense, but is in turn a power game disguised as a discourse, i.e. a “power discourse”.

  7. The International Court of Justice and the Legality of UN Security Council Resolutions

    Directory of Open Access Journals (Sweden)

    Ušiak Jaroslav

    2014-09-01

    Full Text Available Through the United Nation’s Charter, the UN Security Council represents the most powerful executive institutional body in the field of collective security. Moreover, its ultra vires acts may have distinct legal consequences. Accordingly, questions arising from these facts are whether such a large scope of competences could be abused, what are the limits of the executed power and above all, affirmation of the legality of the actions of Council. Predominantly by means of the analytical method as well as a case study of the Lockerbie case, the present study provides the related argumentative discourse. Notwithstanding the fact that the decisions of the Council appear to be without any limitations, it is obliged to act within the purposes and principles of the UN Charter. The opinion of the International Court of Justice on the legality of the SC’s actions in the field of collective security are still, however, indirectly expressed through its general function.

  8. A Study on Judges and Prosecutors’ Information Behavior for Legal Resources

    Directory of Open Access Journals (Sweden)

    Jia-miin Lin

    2005-03-01

    Full Text Available The goal of this study is to understand judges and prosecutor’s information behavior, i.e., their information needs, seeking, and using of legal resources. Methods of questionnaire, interview, observation, and content analysis of legal forums were adopted to collect quantitative and qualitative data. The result shows that legal resources are mainly to support judges and prosecutors when conducting justice and criminal investigation, and they are mostly interested in the information being able to solve practical legal problems. The study also found 13 important characteristics of their seeking behaviors. Suggestions for improvement in publication of legal resources, legal information services, legal information system design, and law education are also provided. Finally, the study proposed an information behavior model of judges and prosecutors, which may benefit future related research. [Article Content in Chinese

  9. Building a Health Care Legal Partnership Learning Collaborative.

    Science.gov (United States)

    Weber, Eileen; Polkey, Bryan

    2015-01-01

    Many Americans need both health care and legal interventions to maximize their opportunities for health. Medical-legal partnerships (MLPs), also known as health care legal partnerships (HLPs), bring the power of law to health care to reduce barriers and negative social determinants of health. The two terms--HLP and MLP--are used interchangeably in this article. Growing research shows that these partnerships can improve care, improve health, enhance interprofessional collaboration, and improve the financial status of patients and providers. HLPs take many forms, depending on their settings and resources. A health care legal partnership learning collaborative that brings leaders of diverse HLPs together to share experiences and best practices can help expand this effective model and enhance its potential for collective impact in improving population health.

  10. LEGAL CULTURES AND MEDIATION. INTERACTIONS AND EVOLUTIONS

    Directory of Open Access Journals (Sweden)

    Claudiu Ramon D. BUTCULESCU

    2014-05-01

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

  11. LEGAL CULTURES AND MEDIATION. INTERACTIONS AND EVOLUTIONS

    OpenAIRE

    Claudiu Ramon D. BUTCULESCU

    2014-01-01

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

  12. Attitudes towards cannabis legalization in Iceland

    OpenAIRE

    Sigurbjörg Lára Kristinsdóttir 1991

    2016-01-01

    The debate on whether or not cannabis should be legalized has been growing in recent years. The legality of cannabis varies from country to country. Possession of cannabis have been decriminalized or legalized in numerous countries. The main aim of the present study was to examine both what characterizes those who are in favor of cannabis legalization and the potential effect on the community and cannabis consumption if cannabis would be legalized. The participants were 1198 obtained from an ...

  13. Can legal research benefit from evaluation studies?

    Directory of Open Access Journals (Sweden)

    Frans L. Leeuw

    2011-01-01

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

  14. 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…

  15. The Effects of Forensics Training on Verbal Aggression and Argumentativeness.

    Science.gov (United States)

    Colbert, Kent R.; Dorff, Todd

    A study focused on the effects of forensic participation on two specific traits--argumentativeness and verbal aggression. Two hundred eighty-one high school forensic students participating at a large western forensic tournament in the beginning of the 1990 academic year completed D. A. Infante's Argumentative and Verbal Aggression Scales. Results…

  16. 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…

  17. Validity Arguments for Diagnostic Assessment Using Automated Writing Evaluation

    Science.gov (United States)

    Chapelle, Carol A.; Cotos, Elena; Lee, Jooyoung

    2015-01-01

    Two examples demonstrate an argument-based approach to validation of diagnostic assessment using automated writing evaluation (AWE). "Criterion"®, was developed by Educational Testing Service to analyze students' papers grammatically, providing sentence-level error feedback. An interpretive argument was developed for its use as part of…

  18. From arguments to constraints on a Bayesian network

    NARCIS (Netherlands)

    Bex, F.J.; Renooij, S.

    2016-01-01

    In this paper, we propose a way to derive constraints for a Bayesian Network from structured arguments. Argumentation and Bayesian networks can both be considered decision support techniques, but are typically used by experts with different backgrounds. Bayesian network experts have the mathematical

  19. 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…

  20. 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,

  1. 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…

  2. 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 stance. (PRA)

  3. The Effect of Authority on the Persuasiveness of Mathematical Arguments

    Science.gov (United States)

    Inglis, Matthew; Mejia-Ramos, Juan Pablo

    2009-01-01

    Three experiments are reported that investigate the extent to which an authority figure influences the level of persuasion undergraduate students and research-active mathematicians invest in mathematical arguments. We demonstrate that, in some situations, both students and researchers rate arguments as being more persuasive when they are…

  4. 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)

  5. Argumentation: A Forgotten Object of Research in Mexico

    Directory of Open Access Journals (Sweden)

    Luis Antonio Monzón Laurencio

    2011-11-01

    Full Text Available Argumentation has been, since the beginnings of Western culture, a fundamental tool of thought, and part of the university studies that today face many challenges, some of which require the development of this skill. However, in Mexico, research on this subject is practically nonexistent. This article briefly discusses the state-of-the-art research on argumentation in Latin America.

  6. Argumentation in Secondary School Students' Structured and Unstructured Chat Discussions

    Science.gov (United States)

    Salminen, Timo; Marttunen, Miika; Laurinen, Leena

    2012-01-01

    Joint construction of new knowledge demands that persons can express their statements in a convincing way and explore other people's arguments constructively. For this reason, more knowledge on different means to support collaborative argumentation is needed. This study clarifies whether structured interaction supports students' critical and…

  7. Concepts and Contexts – Argumentative Forms of Framing

    DEFF Research Database (Denmark)

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

    2011-01-01

    , 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...

  8. 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…

  9. Regulatory Evolution and Theoretical Arguments in Evolutionary Biology

    Science.gov (United States)

    Ioannidis, Stavros

    2013-01-01

    The "cis"-regulatory hypothesis is one of the most important claims of evolutionary developmental biology. In this paper I examine the theoretical argument for "cis"-regulatory evolution and its role within evolutionary theorizing. I show that, although the argument has some weaknesses, it acts as a useful example for the importance of current…

  10. Perceptions of the Qualities of Written Arguments by Japanese Students

    Science.gov (United States)

    Suzuki, Shinobu

    2011-01-01

    This study examines how Japanese students perceive the qualities of written arguments that were constructed to have different forms. Based on the theoretical dimensions of verbal communication styles that Gudykunst and Ting-Toomey (1988) proposed, the research questions asked whether the respondents would perceive direct arguments to be of higher…

  11. Malaysian Students' Scientific Argumentation: Do Groups Perform Better than Individuals?

    Science.gov (United States)

    Heng, Lee Ling; Surif, Johari; Seng, Cher Hau

    2015-01-01

    The practices of argumentation have recently been upheld as an important need to develop students' understanding of scientific concepts. However, the present education system in Malaysia is still largely examination-based and teacher-oriented. Thus, this study aims to examine the mastery level of scientific argumentation and its scheme among…

  12. 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 class on…

  13. 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…

  14. "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…

  15. Viewing the study of argumentation as normative pragmatics

    NARCIS (Netherlands)

    van Eemeren, F.H.; Garssen, B.; Capone, A.; Lo Piparo, F.; Carapezza, M.

    2013-01-01

    In this chapter we explain that the pragma-dialectical approach to argumentation involves at the same time a pragmatic and a critical treatment of argumentative discourse. Starting from the speech act dimension of pragmatics, we indicate for each of the five components of the pragma-dialectical rese

  16. First Steps in Teaching Argumentation: A South African Study

    Science.gov (United States)

    Braund, Martin; Scholtz, Zena; Sadeck, Melanie; Koopman, Robert

    2013-01-01

    South African student teachers were studied to see how they coped with requirements to teach science using argumentation. Lesson observations, plans, reflective logs, post-teaching interviews and assessment of pupils' argumentation were used to compare student teachers' preparedness and interactions with pupils. Two clusters of students were…

  17. The handicap principle and the argument of subversion from within

    DEFF Research Database (Denmark)

    Baron, Christian

    2013-01-01

    This paper examines the very disparate positions that various actors have taken towards the argument of subversion from within (a classical argument against the evolution of altruism by group selection) in a set of related debates on group selection, altruism and the handicap principle. Using thi...

  18. Rap and Technology Teach the Art of Argument

    Science.gov (United States)

    Fink, Rosalie

    2017-01-01

    How can teachers integrate rap and technology strategies to teach students with learning disabilities the art of persuasive argument writing? This teacher research study presents creative new approaches for teaching argument writing. Strategies used in the study helped college freshmen with learning disabilities (LD) succeed in developing…

  19. 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…

  20. 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)