As scholars have shown, acceptance is key to the success of Payment for Ecosystem Services (PES) scheme. While many studies adopt a static cost-benefit perspective, few address the social process leading to acceptance. Drawing on Suchman (1995), this article examines the legitimacy process underlying the acceptance of a PES in agriculture. In particular, the role of collective action in the legitimisation process is analysed, using a combination of qualitative and quantitative methods of discourse analysis. Data from an agro-environmental PES scheme (...) in France on water quality shows that acceptance depends on the normative and cognitive legitimacy that actors confer upon a public policy. (shrink)

As interpreted by Pattee, von Neumann’s Theory of Self-Reproducing Automata has proved to be a useful tool for understanding some of the difficulties and paradoxes of molecular biosemiotics. But is its utility limited to molecular systems or is it more generally applicable within biosemiotics? One way of answering that question is to look at the Theory as a model for one particular high-level biosemiotic activity, human language. If the model is not useful for language, then it certainly cannot be generally (...) useful to biosemiotics. Beginning with the Universal Turing Machine and continuing with von Neumann’s Theory and Pattee’s interpretation, the properties of universality, programmability, underspecification, complementarity of description/construction, and open-ended evolutionary potential are shown to be usefully applicable to language, thus opening a new line of inquiry in biosemiotics. (shrink)

Late moderns, either explicitly or implicitly, tend to maintain a sharp dichotomy between body and soul, reflecting a prevalent ambivalence toward embodiment more generally. This article recovers a more biblical understanding of humans as embodied creatures with a psychosomatic unity of body and soul; human beings are simultaneously and inseparably embodied souls and ensouled bodies. This recovering helps to improve both the provision and reception of medical and pastoral care, particularly at the end of life. Particular attention is directed to (...) the works of St. Paul, Jeremy Taylor, and Beth Felker Jones. (shrink)

TheJournal of Religious Ethicshas published only two full‐length articles focusing on American Indian religious ethics in the last decade. This may signal that the field is uneasy about integrating American Indian religious ethics into its broader discourse. To fill this research lacuna and take a step toward normalizing religious‐ethical engagement with American Indian ethics, this article argues that the field needs an intentionally anticolonial, self‐aware approach to understanding American Indian religious ethics—one that decenters methods and approaches that may facilitate the (...) analysis of Christian texts, groups, and phenomena, yet limit insights into the religious‐moral beliefs and practices of Native Americans. The article first shows examples of how religious‐ethical methods, definitions, and epistemological starting points can obfuscate rich and accurate understandings of Native American religious‐ethical systems and phenomena. Next, it turns to historical and anthropological studies and Native American philosophy and ethics to outline an interdisciplinary framework for integrating American Indian traditions into the discourses of religious ethics. (shrink)

This syllabus engages dialogue about indigenous philosophical ideas and issues that frame contemporary global indigenous thought, perspective, and worldview. We explore how presuppositions of indigenous philosophy, including epistemology (how/what we know), metaphysics (what is), science (stories), and ethics (practices), affect global research programs, intellectual cultural property, economic policies, ecology, biodiversity, taxonomy, health, housing, food, employment, economic sustainability, peace negotiations, climate justice, human/treaty rights, colonial law, refugees and incarceration, self-determination, sovereignty, nation building, and digital information. Readings provide an understanding of traditional (...) and contemporary indigenous philosophical frameworks of interpretation, developments of the 1994-2004 United Nations Decade of Indigenous Peoples, the UN Permanent Forum of Indigenous Peoples, and the recent Indigenous Conference in Cancun (philosophical importance of the World Trade Organization [WTO], the World Bank [WB], the International Monetary Fund [IMF], and NAFTA). (shrink)

This syllabus explores complex ways that Native peoples form relationships with environments. Topics include Native American environmental thought, ethics, technology, and aesthetics of practice. A comparative approach shows differences and similarities of Native and Western templates of understanding that frame relations in our human environment. Texts discuses understanding of traditional and contemporary indigenous philosophical frameworks of environmental practices, and why they collide with technology. Required text authors include Gregory Cajete, J. Baird Caldicott, Michael P. Nelson, Donald Grinde, and Bruce E. (...) Johansen; recommended readings include Krim Benterrak, Staphen Muecke, Paddy Roe, David Suzuki, and Peter Knudtson. (shrink)

Human Papillomavirus (HPV) types are sexually transmitted infections that cause a number of human cancers. According to the competitive exclusion principle in ecology, HPV types that have lower transmission probabilities and shorter durations of infection should be outcompeted by more virulent types. This, however, is not the case, as numerous HPV types co-exist, some which are less transmissible and more easily cleared than others. This paper examines whether this exception to the competitive exclusion principle can be explained by the aggregation (...) of infection with HPV types, which results in patchy spatial distributions of infection, and what implications this has for the effect of vaccination on multiple HPV types. A deterministic transmission model is presented that models the patchy distribution of infected individuals using Lloyd’s mean crowding. It is first shown that higher aggregation can result in a reduced capacity for onward transmission and reduce the required efficacy of vaccination. It is shown that greater patchiness in the distribution of lower prevalence HPV types permits co-existence. This affirms the hypothesis that the aggregation of HPV types provides an explanation for the violation of the competitive exclusion principle. Greater aggregation of lower prevalence types has important implications where type-specific HPV vaccines also offer cross-protection against non-target types. It is demonstrated that the degree of cross-protection can be less than the degree of vaccine protection conferred against directly targeted types and still result in the elimination of non-target types when these non-target types are patchily distributed. (shrink)

The question of basic and incorrigible sentences has appeared in connection with certain recent attempts to refine and re-define the meaning of Empiricism. More directly still, the question appears in connection with the problem of verification. It is noteworthy that the question of protocols, more than any other issue, has served to draw out the philosophical differences between the original Wiener Kreis and the Cambridge Analysts. Yet despite their differences both schools are agreed that basic sentences in some sense of (...) the word, are epistemologically necessary.But if one takes the view, say of the Instrumentalists, that all perceptual knowledge is interpretation based upon accepted theories, and corrected in the light of such theories then basic sentences are quite unnecessary. But among those who employ the term “basic” there is little agreement as to its meaning. The common use of the term has not resulted in a common understanding. And instead of drawing Empiricists together it has succeeded only in driving them apart. (shrink)

One of the most basic paradoxes of social life is that while we experience ourselves as individuals, we do so only in the context of the pre-existing social environment into which we were born. This environment existed before us and will exist after us . Given this, there are at least two logical ways to study the relationships between the social environment and the individual. On the one hand, you can start at the individual level and analyze how individuals become (...) aggregated to form a social group. But you can also proceed in the opposite direction by asking how the social group creates the individual. Both are valid approaches. The biological sciences .. (shrink)

Growth in racial and ethnic diversity among public school P-12 students stands in stark contrast to the teaching population who tend to be monolingual, White females. Secondary social studies teachers defy demographic teacher trends, as they tend to be male, albeit White males who still are not representative of the students they teach. What is missing from the discourse of student–teacher imbalance however is discussion surrounding diversity among social studies teacher educators. The purpose of this study was to examine racial, (...) ethnic, and gender demographics for social studies teacher educators using a framework of critical teacher demography. Findings revealed that social studies teacher educators tend to reflect the population of social studies teachers with many being White males. Furthermore, social studies teacher educators tend to focus their research on concepts such as democratic citizenship with little focus dedicated to critical multicultural issues. The paucity of diversity in demographics and research is critical for social studies teacher educators to consider if we are to reflect multiculturalism in 21st century schools. (shrink)

Meta-ethical attempts to define concepts such as 'goodness', ‘right and wrong’, ‘ought’ and ‘ought not’, have proved largely futile, even over-ambitious. Morality, it is argued, should therefore be directed primarily at the reduction of suffering, principally because the latter is more easily recognisable and accords with an objective view and requirements of the human condition. All traditional and contemporary perspectives are without suitable criteria for evaluating moral dilemmas and without such guidance we face the potent threat of sliding to a (...) destructive moral nihilism. This book presents a possible set of defining characteristics for the foundation of future moral evaluations and engagements, taking into consideration that the historically maligned female gender may be better disposed to ethical leadership. (shrink)

This article concerns the implementation of new EU Directives coordinating the procedures for awarding public contracts in European Union Member States. In a number of countries, including Poland, the process of their implementation (Directive 2014/24/eu of the European Parliament and of the Council of 26 February 2014 on public procurement; Directive 2014/25/eu of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport, and postal services sectors; (...) Directive 2014/23/eu of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts) was delayed. In most cases, the modernization of EU regulations on public procurement required a thorough modification of national regulations in this respect. As a result of the introduction of the package of new Directives, the European Union public procurement market has undergone substantial changes. The need to adjust legal regulations to the changing political, social, and economic situations in a better way has resulted in the transposition of the modernized EU Directives concerning public procurement to the Polish legal system, affecting the final shape of the new Polish Public Procurement Law. The implementation of the package of new Directives has significantly affected the functioning of the Polish public procurement market. For the entities operating in this market, this means the necessity to expand their knowledge, so as to become familiar with the new legal solutions in this respect. (shrink)

Given the close relatedness of local issues, water scarcity, and sustainability, this research sought to investigate the factors affecting residents’ willingness to reuse direct and indirect potable water in the arid region. Utilizing the Bayesian Mindsponge Framework (BMF), an analysis was undertaken with a sample of 1,831 water consumers in the City of Albuquerque, the most populous city in New Mexico, United States. The primary analysis revealed positive associations between local concerns about drought or water (...) scarcity and population growth with residents' willingness to reuse direct and indirect potable water. Conversely, concerns about water quality and water bills were found to be negatively associated with the willingness to utilize directly and indirectly recycled water for drinking. In light of these findings, the study explores the potential of fostering an eco-surplus culture by cultivating a sense of environmental responsibility and acknowledging the relationship between local issues and environmental conditions. Simultaneously, the study proposes collaboration between the government and residents to promote water reuse programs to conserve water resources effectively. (shrink)

We propose that the fine discrete movements of the tongue as used in speech are what account for the extreme lateralization in humans, and that handedness is a mere byproduct of tongue use. With regard to syntax, we support the Armstrong et al. (1995) proposition that syntax derives directly from gestural motor movements as opposed to facial expressions.

The European Clinical Trials Directive was issued in 2001 and aimed to simplify and harmonise the regulatory framework of clinical trials throughout Europe, thus stimulating European research. However, significant complexity and inconsistency remains due to disparate interpretation by EU member states. Critical care research has been particularly impacted due to variable and often restrictive consenting procedures for incapacitated subjects, with some countries requiring a court-appointed representative, while others recognise consent from family members and occasionally professional representatives. Furthermore, the (...) absence of a waiver of consent threatened to put an end to emergency research in Europe and was met with varied responses. Approval procedures by ethics committees are equally inconsistent, particularly those relating to provision of a single opinion for multi-centre trials. Although evidence is somewhat mixed, this complexity as well as a general increase in administrative and financial burden following the Directive has been shown to cause a reduction in clinical trial activity in Europe, particularly academic trials. We aim to clarify some of these inconsistent procedures, particularly those relating to informed consent of incapacitated subjects, as well as discussing some general weaknesses and possible improvements of the Directive ahead of its planned revision in 2011. (shrink)

Since current water governance patterns mandate cooperation and partnership within and between the actors in the hydrosystems, supplementary models are necessary to distinguish the roles and the rules of indoor actions which is why we extend a theory in the frameworks of philosophy of technology. This analysis is empirically grounded on the problematic hydrosystems of a river in central Iran, Zayandehrud. Following a modernist-holistic-based analysis, it illustrates how values in the water apportionment mechanisms are being reshaped. The article (...) by using the theory of normative practice has scrutinised the tasks and the rules of the old and new water-management systems, Mirab. Subsequently according to such philosophical theory, it has argued that the conflicts over the cases are due to interference of structural and directional norms within them. (shrink)

In November 2019 the EU Whistleblower Directive came into force. Whistleblowing has been described as a human right and a freedom fundamental to democracy. But it is not always straightforward to understand concrete cases of reporting wrongdoing in terms of abstract political philosophy. This paper uses a discussion between Berlin and Skinner about what negative freedom is, as a theoretical framework to understand the struggles of a campaigning platform of trade unions and civil society organizations, in the coming (...) about of the EU Whistleblower Directive. The paper is empirically based on a document analysis of two Resolutions in the European Parliament, the European Commission’s proposal text, the approved text in the European Parliament, and messages on the listserv of the campaigning platform between February 2017 and April 2019. The paper provides insights on how whistleblowing freedom relates to public interest and autonomy. (shrink)

The gradual development of European Union (EU) immigration and asylum law has been characterized by two related, ongoing tensions: the conflict between EU competence in this field and national sovereignty, and the friction between immigration control and the protection of human rights. The EU's approach to resolving the two key tensions in this area are assessed by examining the four key subjects addressed by immigration law: visas and border controls, irregular migration, legal migration, and asylum. The European Union has been (...) more active in the fields of visas and border controls than in any other area of immigration and asylum law owing to the early development of a legal framework, originally in the form of the Schengen Convention. As for irregular migration, the European Union's initial piecemeal approach has been supplemented by the adoption of the fairly comprehensive Returns Directive. (shrink)

The European Union's interest in developing rules concerning maritime law and liabilities has gained momentum, particularly after the Erika disaster in 1999. The development of EU maritime law has taken place on an incremental basis and to a large extent it is closely associated with various EU institutions' knee‐jerk reaction to pollution disasters within EU waters, prompted, no doubt, by the extensive media coverage of public outrage following such oil spills. This chapter considers several relevant EU directives and regulations devised (...) particularly since the mid‐2000s, with a view to evaluating the effectiveness of these measures in achieving a uniform marine legal regime within the European Union in harmony with the international law. A new trend within the European Union is to incorporate provisions of international conventions into the EU legal order by duplicating them in EU directives and regulations. (shrink)

This article describes the creation of a lightweight ontology of European Union (EU) criminal procedural rights in judicial cooperation. The ontology is intended to help legal practitioners understand the precise contextual meaning of terms as well as helping to inform the creation of a rule ontology of criminal procedural rights in judicial cooperation. In particular, we started from the problem that directives sometimes do not contain articles dedicated to definitions. This issue provided us with an opportunity to explore a phenomenon (...) typically neglected in the construction of domain-specific legal ontologies. Whether classical definitions are present or absent, laws and legal sources in general are typically peppered with a number of hidden definitions (in the sense that they are not clearly marked out as such) as well as incomplete definitions, which may nevertheless help legal practitioners (and legal reasoning systems) to reason on the basis of analogy or teleology. In this article we describe the theoretical basis for building an analogical lightweight ontology in the framework of an EU project called _CrossJustice_. We present our methodology for collecting the data, extracting the data fields and creating the ontology with WebProtégé, followed by our conclusions and ideas for future work. (shrink)

The rapid growth of human population and associated industrialisation creates strains on resources and climate. One way to understand the impact of human activity is to quantify the total environmental pressures by measuring the ‘footprint’. Footprints account for the total direct and/or indirect effects of a product or a consumption activity, which may be related to e.g. carbon, water or land use, and can be seen as a proxy for environmental responsibility. Footprints shape climate and resource debates, especially concerning (...) environmental strategies. However, in general, footprints hold a dichotomous producer–consumer perspective that is not unanimously accepted. In addition, the current footprinting system transmits a simplistic message about environmental responsibility that taints the justice debate and jeopardises the validity of policies based on them. Consequently, it is crucial to question who is accountable for adverse environmental effects. It is also critical to investigate how the methodological characteristics of footprints shape and affect the efficacy of policies on climate and natural resources. This article examines these challenges, focusing on negative justice and policy implications resulting from assigning environmental responsibility to a sole agent. The article proposes, and morally justifies, the development of a footprinting method that includes justice parameters in an attempt to render fair results that are more meaningful for environmental action. The second objective is to establish the potential of this new framework to promote environmental responsibility and justice while facilitating policymaking. The suggested justice elements aim at turning footprints into a concrete environmental policy instrument framed under the value of environmental fairness. (shrink)

Background:Women's health has received renewed attention in the last few years including health rehabilitation options for women affected by breast cancer. Dancing has often been regarded as one attractive option for supporting women's well-being and health, but research with women recovering from breast cancer is still in its infancy. Dancing with Health is multi-site pilot study that aimed to evaluate a dance programme for women in recovery from breast cancer across five European countries.Methods:A standardized 32 h dance protocol introduced a (...) range of Latin American dances presented within a sports and exercise framework with influences from dance movement therapy. Fifty-four women (M age 53.51; SD 7.99) participated in the study who had a breast cancer diagnosis 6 weeks, no indication of metastasis, or scheduled surgery/chemotherapy/radiation treatment for the duration of the intervention. Primary outcome data was collected for anthropometric and fitness measures next to cancer-related quality of life.T-tests and Wilcoxon signed ranked tests were used to establish differences pre and post intervention. Cohen's d was also calculated to determine the effect size of the intervention.Results:Statistically significant changes were found for: (i) weight, right and left forearm circumference and hip; (ii) 6 min walking, right and left handgrip, sit-to-stand and sit-and-reach; (iii) the EORTC-QLQ C30 summary score as well as the subscales of emotional and social functioning and symptoms. In all cases the direction of change was positive, while Cohen's d calculated showed that the effect of the intervention for these parameters ranged from intermediate to large.Conclusion:Changes on the above anthropometric, fitness and quality of life measures suggest that the intervention was of value to the participating women recovering from breast cancer. Results also advocate collaborative efforts across countries to further research. (shrink)

Safety and care for the natural environment are two of the most important values that drive scientific enterprise in twentieth century. Researchers and innovators often develop new technologies aimed at pollution reduction, and therefore satisfy the strive for fulfilment of these values. This work is often incentivized by policy makers. According to EU directive 2006/40/EC on mobile air conditioning since 2013 all newly approved vehicles have to be filled with refrigerant with low global warming potential. Extensive and expensive research (...) financed by leading car manufacturers led to invention of R-1234yf refrigerant with GWP < 1, which was huge improvement. For the proper understanding of this case it will be useful to refer it to the idea of responsible innovation, which is now being developed and quickly attracts attention. I proceed in the following order. Firstly, I present the relevant properties of R-1234yf and discuss the controversy associated with its marketing. Secondly, I examine framework for responsible innovation. In greater detail I discuss the notions of care for future generations and collective responsibility. Thirdly, I apply the offered framework to the case study at hand. Finally, I draw some conclusions which go in two directions: one is to make some suggestions for improving the framework of RI, and the second is to identify missed opportunities for developing truly responsible refrigerant. (shrink)

The starting point of this paper is the need to promote a people-centred corporate social responsibility framework in a context where many human needs and rights remain unsatisfied and where businesses may have both a positive and a negative impact on the quality of life of human beings today and tomorrow and may even lead to irreversible damage. Our normative definition of CSR is consistent with the criteria established by the EU Commission in 2011. We conceive CSR as a (...) responsibility towards human development in two complementary ways: a holistic responsibility shared by companies together with other actors to safeguard humanity and a direct liability of each company for its impact on stakeholders' capabilities. We apply Nussbaum's list of central capabilities and concept of thresholds to specify the nature and extent of corporate responsibilities towards employees, subcontractors, investors, customers, and humanity as a whole. In addition, we leverage fieldwork in developing and developed countries to analyse the effect of business activities on human capabilities. We demonstrate that by quantifying the impact of businesses' activities on various dimensions of stakeholders' lives, and especially on the most vulnerable ones, these businesses can be held accountable for the negative externalities they produce. (shrink)

Objectives To evaluate whether the requirement of “minimal risk and burden” for paediatric research without direct benefit to the subjects compromises the ability to obtain data necessary for improving paediatric care. To provide evidence-based reflections on the EU recommendation that allows for a higher level of risk. Design and setting Systematic analysis of the approval/rejection decisions made by the Dutch Central Committee on Research involving Human Subjects (CCMO). Review methods The analysis included 165 proposals for paediatric research without direct benefit (...) that were reviewed by the CCMO between January, 2000, and July, 2007. A separate, in-depth analysis of all drug studies included 18 early phase drug studies and nine other drug studies without direct benefit. Results 11 out of 165 studies were definitively rejected because the CCMO did not regard the risk and/or burden to be minimal. In three of these 11 cases (including two early phase drug studies) the requirement of minimal risk and burden was cited as the only reason for rejection. Four other early phase drug studies also involved risks and/or burdens that were not regarded to be minimal but were nevertheless approved. Conclusions The requirement of minimal risk and burden, aiming to protect research subjects, occasionally leads to rejection of protocols. Early phase drug studies relatively often do not comply with the requirement. Committees may find ways to approve important studies that formally should be rejected, but that is not a desirable solution. The regulatory framework should be revised to make such occasional exceptions to the requirement legitimate and transparent. (shrink)

Does the politicization of international authority help to reduce democratic deficits beyond the state? In this paper I argue that politicization provides a useful springboard for remedying democratic deficits at the EU and global level. Despite this promise, there are a range of concerns that inhibit a direct relationship between politicization and increased democratic legitimacy. The paper unpacks what politicization is and how it might relate to democratic legitimacy. It then argues that problems surrounding representation – in particular the constructivist (...) view of representation – complicates this relationship. Significantly the notion of mobilization generates suspicions of democratic representational legitimacy. In response, the paper details a framework for assessing the democratic legitimacy of representative claims under conditions of politicization that responds to the aforementioned concerns. This framework is briefly applied to the cases of TTIP and TPP to show its merits. (shrink)

In recent years, the EU legislation on genetically modified crops has come under severe criticism. Among the arguments are that the present legislation is inconsistent, disproportionate, obsolete from a scientific point of view, and vague in terms of its scope. In this paper, the EU GM legislation is analysed based on five proposed criteria: legal certainty, non-discrimination, proportionality, scientific adaptability, and inclusion of non-safety considerations. It is argued that the European regulatory framework does not at present satisfy the criteria (...) of legal certainty, non-discrimination, and scientific adaptability. Two ways of reforming the present legislation toward greater accommodation of the values expressed through the proposed criteria are briefly introduced and discussed. (shrink)

Business Ethics, the Environment &Responsibility, Volume 31, Issue 3, Page 823-845, July 2022.

Business Ethics, the Environment &Responsibility, Volume 31, Issue 3, Page 823-845, July 2022.

The presented paper focuses on the analysis of strategic documents at the level of the European Union concerning the regulation of artificial intelligence as one of the so-called disruptive technologies. In the first part of the article, we outline the basic terminology. Subsequently, we focus on the summarizing and systemizing of the key documents adopted at the EU level in terms of artificial intelligence regulation. The focus of the paper is devoted to issues of personal data protection and cyber security (...) included in these strategic documents. The final part contains recommendations for future research and evaluation of its key features. (shrink)

The European Rivers Network (ERN) calls for the 'reconciliation of citizens with their rivers and lakes', as a necessary step for freshwater protection and restoration of rivers. It co-ordinates annual river-bathing days with collective river jumps; upstream and downstream, across Europe, citizens simultaneously jump into rivers and lakes. But what is 'reconciliation with the river'? This paper analyses that concept as the acknowledging and restoring of distorted, marginalised or blocked capabilities, and, based on this analysis, critically discusses the practical contribution (...) which the ERN makes to 'reconciliation with the river'. (shrink)

Feminist legal efforts to make sense of the external migration policies of the European Union (EU) have focused almost exclusively on the EU’s initiatives against trafficking in women. This article examines one of the more neglected areas of EU immigration policy—the return of ‘illegal immigrants’. It analyses the so-called 2008 Returns Directive in the light of the multidimensional inequalities experienced by migrant women, which affect their migration status and expose some of them to the threat of removal. Owing to (...) insecurities over external migration, the Directive constructs even the most vulnerable migrants as a threat to be controlled and is likely to result in detrimental consequences for many migrants, and in particular already vulnerable women who are likely to be further disadvantaged by it. (shrink)

Competent patients have considerable legal authority to control life‐and‐death care. They may refuse medical life support, including medically delivered food and fluids. Even when they are not in need of any life‐saving care, they may expedite death by refusing food and water by mouth—voluntarily stopping eating and drinking, or VSED. Neither right is limited to terminal illness. In addition, in four U.S. states, competent patients, if terminally ill, may obtain lethal drugs for aid‐in‐dying.For people who have dementia and are (...) no longer competent, however, control over the end of life is much less extensive. They may have written a clear advance directive for refusing life‐saving care in specified circumstances yet subsequently find themselves living for years in severe dementia with no need for life‐saving care that could be refused. Chronic progressive dementia is not itself life threatening until its very final stage. Even in jurisdictions that permit active aid‐in‐dying, individuals with advanced dementia are not eligible; they lack the required current competence, and they are seldom deemed terminally ill. As for the right to VSED, its very name—voluntarily stopping eating and drinking—is seen as excluding noncompetent persons.One option for ensuring that one does not live years in severe dementia is to use advance directives to withhold food and water by mouth. The driving element behind VSED is that forcing people to ingest food is as objectionable an intrusion on bodily integrity, privacy, and liberty as imposing unwanted medical treatment. Thus, if incompetent people do not lose their rights to refuse life‐saving treatment, and if people when competent have just as strong a right to VSED as they do to refuse life‐saving treatment, then people do not lose their right to VSED when incompetent either. They only have to exercise it by AD. (shrink)

In recent years consumer law has come more and more into the focus of legislation within the EU. One of the EU’s key objectives, completing the final stage of the internal market, is to place consumer rights in the centre of it. Following the adaption of various consumer law measures for some decades, the EU has undertaken a thorough review of its consumer acquis. After years of consultations, the Consumer Rights Directive 2011/83/ EU, which was supposed to set new (...) standards of consumer protection, came into force and will have to be implemented by the Member States by 13 December, 2013. Renouncing its principal practice of minimum harmonisation in the area of consumer law, i.e. allowing Member States on the basis of Directives to adopt more protective rules, the EU legislator now turned to a targeted full harmonisation approach by means of the Consumer Rights Directive, aiming at increasing the consumer protection across the EU by bringing together the currently distinct laws for distance selling and off-premises contracts as well as other types of consumer contracts in a single instrument. The article briefly introduces the background of the Directive and discusses the shift in means of harmonisation concepts. Then, it analyses the scope, concepts and content of the Directive, which mainly brings considerable reforms in the areas of information requirements and the right of withdrawal. Taking into account the Directive’s improvements and shortcomings, conclusions are drawn that further harmonisation and a uniform and universally applicable set of European consumer rights are needed. (shrink)

One of the consequences of improper management of European businesses, set solely on profit, is the global financial crisis, felt even today by many societies. Previous negative experience has led to a growing interest in the world at present, in the model in which employees are guaranteed involvement in the management of transnational entities. A new, universal legal framework for the functioning of this model has been created by the European Union. Instead of creating a single transnational legal system, (...) it was decided to create a model for employee involvement in management by coordinating national systems. The aim of this study is to analyse the terminology related to the issue of workers’ involvement in the management of European business entities. This analysis will aim to determine whether the legal language used in the EU regulations and directives relating to workers’ involvement in management and implementing acts allows coordination between legal systems of the Member States. In this context, it is particularly important to determine whether the terminology used in EU acts is consistent with the terminology used in Polish implementing laws and how EU terminology fits into current understanding in the Polish legal tradition of institutions of employee involvement in the management of the workplace. (shrink)

Euthanasia advocates have recently begun counseling people to create advance directives calling for oral food and water to be withheld if the person reaches a certain stage of dementia. The author shows that these directives are in fact requests for euthanasia, and they leave vulnerable people subject to poor-quality care. Both surrogate decision makers and Catholic institutions have a moral obligation not to implement such directives, and surrogates, rather than withdrawing as proxies, have a moral obligation to advocate for (...) the life and proper care of the incompetent person. Finally, the author argues that society is morally culpable if it does not strongly resist euthanasia in all its forms. National Catholic Bioethics Quarterly 16.3 : 421–434. (shrink)

The status of genes as bearers of semantic content remains very much in dispute among philosophers of biology. In a series of papers, Nicholas Shea has argued that his ‘infotel’ theory of semantics vindicates the claim that genes carry semantic content. On Shea’s account, each organism is associated with a ‘developmental system’ that takes genetic representations as inputs and produces whole-organism traits as outputs. Moreover, at least in his most recent work on the topic, Shea is explicit in claiming that (...) these genetic representations are ‘read in ontogenetic time, in the course of individual development’. Here I argue that a close examination of the process of reading, in Shea’s sense, reveals that acts of reading do not actually occur over the course of developmental time at all. To make this vivid, I contrast the process of reading for Shea with another type of developmental process that is widely seen as a form of reading directed on inherited genes, and which certainly does occur over the course of developmental time, namely, gene expression. I suggest that this error in Shea’s thinking can be traced back to an equivocation on Shea’s part in the meaning of ‘reads’, and also to a reliance on an invalid principle regarding the transference of representational content from one token gene to another. The issues at play are bound up with questions about causation and in particular about causation over time. Thus, having first presented my arguments in a way that doesn’t depend on any particular theory of causation, I then make use of Kenneth Waters’ framework of difference-making causation to conceptually sharpen and shed further light on matters. I conclude by discussing a consequence of the fact that acts of reading do not occur in development. 1 Introduction2 Reading for Shea3 Gene Expression as Reading4 Are Genetic Representations Read in Development? Part 15 The Manipulability Theory of Causation and Difference-Making Causation6 Are Genetic Representations Read in Development? Part 27 Conclusion. (shrink)

Key n-grams are useful in the analysis of legal discourse as they help bring recurrent key expressions to the fore and understand the patterning of legal language. This paper aims to generate, analyse and compare the key n-grams of two legal corpora: a corpus of European directives on distance consumer contracts and a UK national legislation corpus on the same subject-matter. The corpora are considered, alternatively, as both focus and reference corpora. In this way, keyness, i.e., the terminology that makes (...) each corpus unique, is revealed from both corpora. The paper findings mostly bring to the fore five different patterns: differences in the key n-grams due to institutional or country-related factors; legalese influences; typical n-grams of Eurolect; dichotomy in the terminology used (albeit applying the same legal principles), and polysemy (i.e., similar words with different applications in various genres). This analysis confirms the usefulness and insightfulness of key n-grams in understanding the impact of disciplinary conventions in legal language. (shrink)

In a dynamic (sequential) framework, departures from the independence axiom (IND) are reputed to induce violations of dynamic consistency (DC), which may in turn have undesirable normative consequences. This result thus questions the normative acceptability of non expected-utility (non-EU) models, which precisely relax IND. This paper pursues a twofold objective. The main one is to discuss the normative conclusion: usual arguments linking violations of DC to departures from IND are shown to be actually based on specific (but usually remaining (...) implicit) assumptions which may rightfully be released, so that it is actually possible for a non-EU maximizer to be dynamically consistent and thus avoid normative difficulties. The second objective is to introduce a kind of `reality principle' (through two other evaluation criteria) in order to mitigate the normative requirement when examining adequate moods for non-EU decision making. (shrink)

Food fortification and water fluoridation are two public health initiatives that involve the passive consumption of nutrients through food and water supplies. While ethical analyses of food fortification and water fluoridation have been done separately, none have been done together. In this paper, we will consider whether the similarities between food fortification and water fluoridation override their differences and thus what ethical conclusions can be cross-pollinated between the two interventions. This study does three things: first, we (...) review the origin, reasoning and mechanisms behind food fortification and water fluoridation. From there, we deduce the primary ethical dilemma that overshadows food fortification and water fluoridation – they both require a form of deception and are consumed passively without the need for informed consent. Finally, we look at various approaches ethicists have taken to understand the ethical issues surrounding the programs. Two key ethical models appear in this discussion: the justificatory approach and the stewardship model. Beyond these two frameworks, one ethical analysis deduces from the Nuremberg Code that water fluoridation is unethical based on the definition of consent. As recent scientific papers and the general public have started discussing and debating the passive consumption of various drugs via public water supplies, it is prudent that we revisit the ethics behind food fortification and water fluoridation programs; this will ultimately allow us to better navigate complex problems in nutritional ethics and passive delivery. (shrink)

Christopher Meek. Related Graphical Frameworks: Undircted, Directed Acyclic and Chain Graph Models.

This article investigates some special criteria of implementation of the EU directives into the national legal order and the consequences of their non-compliance, that could arise from the EU membership obligation to the European Union law. The most important acting form for the Institutions of European Union comes after the Reform treaty of Lisbon the form of the EU directive. The law-making practice of the Institution of the European Union set out with different levels of full or partial harmonization (...) of the EU directives. Consequently, there comes the problem of the enforcement of the adopted EU directives into the domestic legal order. The article analyses the changes in European Union law after the Reform of Lisbon. The investigation begins with treatment of the general characteristic of the EU directive. After that it analyses the choice of primary legal ground for adopting of the EU directive and the consequences of its wrong choice for the legality of the EU directive. (shrink)