O presente artigo emerge com a proposta de explicitar como, a partir da teoria política do filósofo inglês Thomas Hobbes, engendra-se a necessidade da instauração do Estado, isto é, do Leviatã. Essa perspectiva vai perpassar todo o curso da obra Leviatã, na medida em que o filósofo mostra os fundamentos e as razões pelas quais o Leviatã deve terminantemente exercer a força, autoridade, influência, juízo, poder sobre os súditos, visto que, sem esse exercício de poder coercitivo pelo Estado a humanidade (...) entraria em estado de guerra constante. Assim, imbuído nesse escopo, o autor legitima a expressa e urgente necessidade de efetivação do Estado. (shrink)

Del 4 al 8 de Mayo la ciudad de Donostia-San Sebastián reunió a más de 170 profesores de todo el mundo con ocasión de celebrar el Tercer Congreso Internacional de Ciencia Cognitiva, organizado por el departamento de Lógica y Filosofía de la Ciencia de la UPV/ehu. El enfoque que el simposio quiso otorgar al tratamiento de la ciencia cognitiva tuvo en general un aroma procedente del estudio que permiten los procesos cognitivos inherentes al lenguaje natural. Particularmente pudieron distinguirse cuatro temas (...) que constituyeron, pese a su íntima relación y por cuestiones de forma, diferentes bloques en torno a los cuales giraron las distintas ponencias y comunicaciones. (shrink)

Is it ethical for the prosecutor at the International Criminal Court to consider political factors, such as peace processes, in selecting situations to investigate or cases to prosecute? During the early years of the court, a number of documents and statements from the Office of the Prosecutor suggested that there were occasions when it was. Two OTP policy papers issued in 2003 recommended that the prosecutor assess “all circumstances prevailing in the country or region concerned, including the nature and stage (...) of the conflict and any intervention by the international community,” and whether prosecution might “exacerbate or otherwise destabilize a conflict situation.” In the same spirit, the ICC's chief prosecutor, Luis Moreno-Ocampo, referred to his decision-making as a “dialogue between many actors” with a “strategic dimension... [that] involves all stakeholders.” This language suggested a process of consultation and coordination with local and international actors involved in conflict resolution to adapt international criminal justice to on-the-ground political realities. (shrink)

Extortion and bribery are regularly identified as well–nigh insoluble ethical problems for business, especially on an international scale, yet there are many initiatives being steadily pursued to combat them. One of the most impressive is the work of the International Chamber of Commerce, which published an important Report on the subject in 1977, the first such document prepared by the business community. Now that Report has undergone an in‐depth revision which was published last year and is the subject of this (...) study. Professor Argandoña is Secretary General of IESE [the International Graduate School of Management of the University of Navarre], Av. Pearson 21, E–Barcelona, Spain , and an Associate Editor of this Review. The article is a revised version of the presentation made to the Nineth EBEN Annual Conference held in Frankfurt in September last year. (shrink)

Extortion and bribery are regularly identified as well–nigh insoluble ethical problems for business, especially on an international scale, yet there are many initiatives being steadily pursued to combat them. One of the most impressive is the work of the International Chamber of Commerce, which published an important Report on the subject in 1977, the first such document prepared by the business community. Now that Report has undergone an in‐depth revision which was published last year and is the subject of this (...) study. Professor Argandoña is Secretary General of IESE [the International Graduate School of Management of the University of Navarre], Av. Pearson 21, E–Barcelona, Spain (email: [email protected]), and an Associate Editor of this Review. The article is a revised version of the presentation made to the Nineth EBEN Annual Conference held in Frankfurt in September last year. (shrink)

Principle of equality of arms is part of fair trial concept, which encompasses several guarantees linked to the defence opportunities during the criminal procedure. The accused person is entitled to a fair trial. Balance of rights between the parties is bedrock for procedural fairness and the judge has to perform his competence in providing all necessary preconditions as for the trial to be fair. There are differences between interpretation and implementation of equality of arms in the jurisprudence of European court (...) on human rights and international criminal courts. Decisions of ECtHR are much more similar with domestic understanding of equality of arms as reasonable opportunity of the defence to present the case without disadvantages vis-à-vis the prosecutor, due to inherent inequity between the parties. When analyzing proceeding before the ad hoc Tribunals, there is “more liberal interpretation” of this principle, which allowed the Prosecutor to invoke equality of arms, as well. ICTY Trial Chamber in Aleksovski case concluded that application of the concept of a fair trial in favor of both parties is understandable because the Prosecution acts on behalf of and in the interests of the international community, including the interests of the victims of the offence charged and also has held that it is difficult to see how a trial could ever be considered to be fair where the accused is favored at the expense of the Prosecution. This interpretation has been justified with dependence of the international Tribunals on state cooperation and due to the fact that international criminal courts have no autonomous enforcement agencies at their disposal. Fortunately, ICC Statute considered equality of arms as solely afforded to the defence, or to the Prosecutor on the behalf of accused. (shrink)

The relationship between power, law and consent is a key feature of the Western debate on criminal law. On the one side, defining the legitimate ways of exercising the punitive power has been a critical question since the Enlightenment thought onwards and especially as to the rule of law doctrine. On the other side, the role played by public punishment in shaping consent and its communicative potential have been crucial questions for critical, as well as non-critical approaches to criminal law (...) in contemporary thought. These questions gain in strength and radicalism when it comes to international criminal law (ICL). In this case the filter of the state is not present anymore to mediate between power, law and consent, and the power to punish individuals is directly exercised by international institutions. This means, on the one hand, that traditional justifications of the power to punish and which are elaborated on in the domestic sphere are not useful anymore in legitimating international punishment. International criminal norms are not framed by an international democratically elected parliament, and their exercise is not controlled by the complex system of checks and balances typical of the rule of law. On the other hand, having not being created by a sovereign, international criminal law cannot be conceived as an instrument to build or consolidate consent around the sovereign. A double-sided dilemma therefore arises: traditional explanations are no longer apt to answer the question whether ICL is legitimate, while ICL itself can no longer be considered an instrument to build consent around the traditional power exercising it, namely the state. Although I consider both sides of the dilemma equally interesting and stimulating, I will focus here only on one side of the coin: the ability to build consent of the ICL institutions, and in particular the International Criminal Court (ICC). In other words, instead of asking whether the consent around the ICC is broad enough for the Court to be considered legitimate, I shall ask whether the ICC is able to build consent around the world order it embodies. (shrink)

DISCOURSE, INTERACTION, AND COMMUNICATION Co-organized by the Department of Logic and Philosophy of Science and the Institute for Logic, Cognition, Language, and Infonnation (ILCLI) both from the University of the Basque Country, tlle Fourth International Colloquium on Cognitive Science (ICCS-95) gathered at Donostia - San Sebastian ti'om May 3 to 6, 1995, with the following as its main topics: 1. Social Action and Cooperation. 2. Cognitive Approaches in Discourse Processing: Grammatical and Semantical Aspects. 3. Models of Infonnation in Communication Systems. (...) 4. Cognitive Simulation: Scope and Limits. More tllan one hundred researchers from all over the world exchanged their most recent contributions to Cognitive Science in an exceptionally fruitful annosphere. In this volume we include a small though representative sample of tlle main papers. They all were invited papers except the one by Peter Juel Henrichsen, a contributed paper tllat merited tlle IBERDROLA - Gipuzkoako Foru Aldundia: Best Paper Award, set up in ICCS-95 for the first time. (shrink)

Using data from the International Civic and Citizenship Study, this quantitative study explores the potential for open classroom climates to foster political efficacy and civic knowledge among 8th grade students in 14 Western European countries. Findings show that an open classroom climate is associated with increased civic knowledge and political efficacy. In addition, civic knowledge and political efficacy are positively correlated with social movement citizenship. However, the relationships between both political efficacy and civic knowledge on social movement citizenship are strengthened (...) with presence of an open classroom climate. This study demonstrates the importance of an open classroom climate to develop students’ knowledge and efficacy related to active citizenship. (shrink)

This volume constitutes the refereed proceedings of the Fourth International Conference on Conceptual Structures, ICCS '96, held in Sydney, Australia, in August 1996. The book presents five full papers by the invited speakers together with 15 revised full papers selected for presentation at the conference from a respectable number of submissions. The issues addressed are natural language processing, information retrieval, graph operations, conceptual graph and Peirce theory, knowledge acquisition, theorem proving and CG programming, and order-based organisation and encoding.

This book constitutes the proceedings of the Third International Conference on Conceptual Structures, ICCS '95, held in Santa Cruz, California in August 1995. Conceptual structures are a modern treatment of Peirce's existential graphs, a graphic notation for classical logic with higher order extensions. Besides three invited papers, there are included 21 revised full papers selected from 58 submission. The volume reflects the state-of-the-art in this research area of growing interest. The papers are organized in sections on natural language, applications, programming (...) in conceptual graphs, machine learning and knowledge acquisition, hardware and implementation, graph operations, and ontologies and theory. (shrink)

The International Criminal Court's intervention into the ongoing civil war in northern Uganda evoked a chorus of confident predictions as to its capacity to bring peace and justice to the war-torn region. However, this optimism is unwarranted.

ObjectiveAre people with a characteristically large physiological sway rendered particularly unstable when standing on a moving surface? Is postural sway in standing individuals idiosyncratic? In this study, we examine postural sway in individuals standing normally, and when subtle continuous sinusoidal disturbances are applied to their support platform. We calculate consistency between conditions to verify if sway can be considered characteristic of each individual. We also correlate two different aspects of participants’ responses to disturbance; their sway velocity and their regulation of (...) body orientation.MethodsNineteen healthy adults (age 29.2 ± 3.2 years) stood freely on footplates coaxially aligned with their ankles and attached to a motorized platform. They had their eyes closed, and hips and knees locked with a light wooden board attached to their body. Participants either stood quietly on a fixed platform or on a slowly tilting platform (0.1 Hz sinusoid; 0.2 and 0.4 deg). Postural sway size was separated into two entities: (1) the spontaneous sway velocity component (natural random relatively rapid postural adjustments, RMS body angular velocity) and (2) the evoked tilt gain component (much slower 0.1 Hz synchronous tilt induced by the movement of the platform, measured as peak-to-peak (p-p) gain, ratio of body angle to applied footplate rotation).ResultsThere was no correlation between the velocity of an individual’s sway and their evoked tilt gain (r= 0.34,p= 0.15 andr= 0.30,p= 0.22). However, when considered separately, each of the two measurements showed fair to good absolute agreement within conditions. Spontaneous sway velocity consistently increased as participants were subjected to increasing disturbance. Participants who swayed more (or less) did so across all conditions [ICC(3,k)= 0.95]. Evoked tilt gain also showed consistency between conditions [ICC(3,k)= 0.79], but decreased from least to most disturbed conditions.ConclusionThe two measurements remain consistent between conditions. Consistency between conditions of two very distinct unrelated measurements reflects the idiosyncratic nature of postural sway. However, sway velocity and tilt gain are not related, which supports the idea that the short-term regulation of stability and the longer-term regulation of orientation are controlled by different processes. (shrink)

The International Criminal Court (ICC) is responsible for prosecuting individuals for heinous crimes that take place during civil and/or international armed conflicts, including sexual violence. Prosecuting this crime relies primarily on survivor accounts, but witnesses often fear the psychological effects of giving such testimony, particularly because there is a high risk of retraumatization, a stigma associated with victimhood, and a fear of victim-blaming. Thus, the Court’s Victims and Witness Unit (VWU) puts forth provisions for questioning vulnerable witnesses, requiring, in part, (...) that questioners avoid embarrassing or offending witnesses. Using a discourse analytic approach, this paper examines transcripts from three recent ICC cases dealing with wartime sexual violence—_Bemba, Ongwen_, and _Katanga and Chui—_exploring the discursive strategies employed by prosecutors and defense attorneys in these trials as they navigate arguing their cases before the judges while also tailoring their questions to adhere to the VWU’s provisions. I show that adhering to the provisions often involves relying on euphemistic expressions to discuss rape—which enter the trial discourse through linguistic formulations and reformulations—even though these expressions reflect the language used to discuss consensual sex and not sexual violence. Thus, this method of adhering to the provisions can undermine the prosecution’s case while helping the defense’s. (shrink)

The International Criminal Court (ICC) and the South African Truth and Reconciliation Commission (TRC) were created at the end of the last century in order to redress the most serious violations of human rights. However, the two organisms are an example - and for most observers the best ones to date - of two radically different paradigms of justice: retributive justice on the one hand and restorative justice on the other. This article analyses the theoretical background, the challenging mandates, and (...) the activities and achievements of these two exemplary experiences. It further submits an evaluation of their work, according to which the TRC was better able to fulfil its mandate than the ICC has been so far. The article concludes by arguing that transitional justice's chances of success depend on adopting methodological guidelines such as a context-oriented approach and the involvement of the affected communities. (shrink)

The International Criminal Court (ICC) seems to have finally realized the ending legal globalists have long yearned for: a potentially universal, centralized and permanent court, able to enforce international humanitarian law without the mediation of the state. A legal system of mankind seems now more possible than ever before. The universalistic claim of the ICC, I contend in this article, is nevertheless potentially biased by a West-centric prejudice. Critically drawing on the transcivilizational perspective suggested by Onuma Yasuaki, I propose to (...) overcome the West-centric approach of the ICC by assuming the multiplicity of universalisms, thus relativising each of them. (shrink)

The purpose of this paper is to direct attention to a challenge—referred to as the threshold challenge —facing a non-absolutist retributivist view on international criminal justice. It is argued, on the one hand, that this challenge constitutes a practically pertinent problem for the retributivist approach to the punishment of mass crimes and, on the other, that it is very hard to imagine any principled way of meeting this challenge.

In recent years the idea of geoengineering climate has begun to attract increasing attention. Although there was some discussion of manipulating regional climates throughout the l970s and l980s. the discussion was largely dormant. What has reawakened the conversation is the possibility that Earth may be undergoing a greenhouse-induced global wamring, and the paucity of serious measures that have been taken to Prevent it. ln this paper Iassess the ethical acceptability of ICC, based on my impressions of the conversation that is (...) now taking place. Rather than offering a dispassionate analysis, I argue for a point of view. I propose a set of conditions that must be satisfied for an ICC project to be morally permissible and conclude that these conditions are not now satisfied. However, research on ICC should go forward.. (shrink)

Many scholars and activists have argued that the International Criminal Court holds potential for advancing the rights of women and girls, leading to extensive feminist engagement with and investment in the Court. As the ICC enters its second decade of existence, this article offers a reflection on both the possibilities and the challenges facing feminists. Can the international criminal law really offer a site for enhancing the rights of women? And if so, how? To explore these questions I focus on (...) the interaction between feminist activism and international criminal law institutions in relation to crimes of sexual and gender-based violence. I argue that some of the feminist strategies deployed to get sexual violence onto the international agenda have resulted in perverse outcomes. This should lead us to greater critical reflection regarding how international law conceives of sexual violence and direct our future engagements with international legal institutions. In particular feminist activists and scholars need to move away from focusing on the number of prosecutions towards challenging the international criminal law to characterise the nature of the harm in accordance with a recognition of sexual rights. (shrink)

Juries could bolster the ICC's legitimacy by promoting public trust, increasing procedural fairness, foregrounding deliberative reasoning, and embodying democratic values. ICC juries would present novel logistical, philosophical, and legal problems, but these could be overcome.

An emerging consensus regards domestic amnesties for international crimes as generally inconsistent with international law. This legal consensus rests on a norm against impunity: the chief role of international criminal law, and of the fledgling International Criminal Court , is to end impunity for violators of the worst of criminal acts. But the anti-impunity norm, and the anti-amnesty consensus that has arisen from it, now face serious difficulties. The ICC's role in the ongoing conflict in Northern Uganda illustrates the deadlock (...) that has now emerged between countries wishing to retain the power to use domestic politics and criminal law as tools for negotiation with current or outgoing perpetrators, on the one side, and the ICC's determination to apply a consistent international anti-impunity norm, on the other. The paper argues that the anti-impunity norm itself is based on a narrowly retributivist conception of criminal justice. A broader norm for democratic accountability, by contrast, would continue to prefer prosecutions over amnesties in international law, less for the opportunity for deserved retribution for perpetrators than for the public enactment of the deliberative procedures associated with the rule of law.Keywords: amnesty; impunity; international law; international criminal court. (shrink)

Background: Screen time among adults represents a continuing and growing problem in relation to health behaviors and health outcomes. However, no instrument currently exists in the literature that quantifies the use of modern screen-based devices. The primary purpose of this study was to develop and assess the reliability of a new screen time questionnaire, an instrument designed to quantify use of multiple popular screen-based devices among the US population. -/- Methods: An 18-item screen-time questionnaire was created to quantify use of (...) commonly used screen devices (e.g. television, smartphone, tablet) across different time points during the week (e.g. weekday, weeknight, weekend). Test-retest reliability was assessed through intra-class correlation coefficients (ICCs) and standard error of measurement (SEM). The questionnaire was delivered online using Qualtrics and administered through Amazon Mechanical Turk (MTurk). -/- Results: Eighty MTurk workers completed full study participation and were included in the final analyses. All items in the screen time questionnaire showed fair to excellent relative reliability (ICCs = 0.50–0.90; all < 0.000), except for the item inquiring about the use of smartphone during an average weekend day (ICC = 0.16, p = 0.069). The SEM values were large for all screen types across the different periods under study. -/- Conclusions: Results from this study suggest this self-administered questionnaire may be used to successfully classify individuals into different categories of screen time use (e.g. high vs. low); however, it is likely that objective measures are needed to increase precision of screen time assessment. (shrink)

Once commonly held, the claim that international prosecutions have a valuable role to play in transitional processes has in recent years come under attack. This attack has generally been grounded in the assertion that inter-national criminal prosecutions undermine reconciliation.I believe that the international criminal prosecutions in general and the International Criminal Court (ICC) in particular can play a meaningful role in sustaining peace and making transitional periods smoother and faster. However, the role the ICC can play in the transitional processes (...) is undermined by attempts to muddle the criminal process with reconciliatory and restorative aims . This muddling leads to problems not only in the way the ICC is understood and the way the Rome. (shrink)

The most serious candidates for common causes that fail to screen off and thus violate the causal Markov condition refer to quantum phenomena. In her seminal debate with Hausman and Woodward, Cartwright early on focussed on unfortunate non-quantum examples. Especially, Hausman and Woodward’s redescriptions of quantum cases saving the CMC remain unchallenged. This paper takes up this lose end of the discussion and aims to resolve the debate in favour of Cartwright’s position. It systematically considers redescriptions of ICC structures, including (...) those by Hausman and Woodward, and explains why these are inappropriate, when quantum mechanics is true. It first shows that all cases of purported quantum ICCs are cases of entanglement and then, using the tools of causal modelling, it provides an analysis of the quantum mechanical formalism for the case that the collapse of entangled systems is best described as a causal model with an ICC. (shrink)

Background: Understanding is an important goal of the informed consent process in research. We sought to assess the interrater reliability (IRR) and concurrent validity of two measures of understanding in child and young adult subjects and their parents. Methods: We conducted a cross-sectional survey and interview-based study of children and young adults participating in a clinical trial for cancer, along with one parent per child or young adult subject. We estimated the IRR of the Semi-Structured Comprehension Interview (SSCI) and the (...) MacArthur Competence Assessment Tool for Clinical Research (MacCAT-CR). We also estimated concordance between the SSCI, the MacCAT-CR, and the Quality of Informed Consent (QuIC). Results: For our sample of 32 subjects (16 parent–child pairs), IRR estimates were high for total score on the SSCI (intraclass correlation coefficient [ICC] = 0.88, 95% confidence interval [CI] = 0.76–0.94), as well as on the understanding (ICC = 0.93, 95% CI = 0.86–0.97) and reasoning (ICC = 0.97, 95% CI = 0.94–0.98) subscales of the MacCAT-CR. IRR was lower for the appreciation subscale of the MacCAT-CR (ICC = 0.70, 95% CI = 0.47–0.84). Scores on the SSCI were strongly correlated with scores on the understanding subscale of the MacCAT-CR (Spearman's rho = 0.72, 95% CI = 0.48–0.85) and the QuIC (Spearman's rho = 0.66, 95% CI = 0.24–0.87). Mean administration time for the SSCI was 3.1 minutes (95% CI = 2.7–3.5 minutes). Conclusions: The SSCI is a valid and reliable measure of understanding for use with both pediatric and adult research participants. It is easy to administer and score consistently, even by nonprofessional raters. The SSCI is a promising tool for use by clinician-investigators to study, detect, and correct deficiencies in understanding among children, adolescents, and adults making decisions about research participation. (shrink)

Background: Editorial peer review is universally used but little studied. We examined the relationship between external reviewers' recommendations and the editorial outcome of manuscripts undergoing external peer-review at the Journal of General Internal Medicine. Methodology/Principal Findings: We examined reviewer recommendations and editors' decisions at JGIM between 2004 and 2008. For manuscripts undergoing peer review, we calculated chance-corrected agreement among reviewers on recommendations to reject versus accept or revise. Using mixed effects logistic regression models, we estimated intra-class correlation coefficients at the (...) reviewer and manuscript level. Finally, we examined the probability of rejection in relation to reviewer agreement and disagreement. The 2264 manuscripts sent for external review during the study period received 5881 reviews provided by 2916 reviewers; 28% of reviews recommended rejection. Chance corrected agreement on rejection among reviewers was 0.11. In mixed effects models adjusting for study year and manuscript type, the reviewer-level ICC was 0.23 and the manuscript-level ICC was 0.17. The editors' overall rejection rate was 48%: 88% when all reviewers for a manuscript agreed on rejection and 20% when all reviewers agreed that the manuscript should not be rejected. Conclusions/Significance: Reviewers at JGIM agreed on recommendations to reject vs. accept/revise at levels barely beyond chance, yet editors placed considerable weight on reviewers' recommendations. Efforts are needed to improve the reliability of the peer-review process while helping editors understand the limitations of reviewers' recommendations. © 2010 Kravitz et al. (shrink)

Recent global efforts of the United States and England to withdraw from international institutions, along with recent challenges to human rights courts from Poland and Hungary, have been described as part of a growing global populist backlash against the liberal international order. Several scholars have even identified the recent threat of mass withdrawal of African states from the International Criminal Court (ICC) as part of this global populist backlash. Are the African challenges to the ICC part of a global populist (...) movement developing in Africa? More fundamentally, how are the African challenges to the ICC examples of populism, if at all? In this paper, I show that, while there is considerable overlap between the strategies used by particular African leaders to challenge the ICC and those typically considered populist, as well as a discernible thin populist ideology to sustain them, there is insufficient evidence of a larger anti-ICC populist movement in Africa. Although Africa is not as united against the ICC as the populist narrative suggests, the recent challenges to the Court from Africa pose a significant challenge to the Court, as the institution is still in the early stages of building its legitimacy. (shrink)

The recent proposal by the Independent Expert Panel of the Stop Ecocide initiative to include the crime of ecocide in the International Criminal Court's Rome Statute has raised expectations for preventing and remedying severe environmental harm through international prosecution. As alluring as this image is, we argue that ecocide prosecutions may be the most difficult, perhaps even impossible, in precisely the cases that the ICC would need to be concerned with; namely, the gravest global incidents of environmental harm, including those (...) associated with planetary climate change. We explore a series of questions about the panel's formulation of ecocide that resonate with longer debates around criminalizing environmental harm but take on new dimensions amid the Anthropocene and after twenty years of ICC trials. Ecocide must contend with the hard lessons learned concerning the ICC's limitations in realizing justice in a fraught international political context and also with fundamental challenges to knowledge and legitimacy arising from the uncertainty and dynamic socioenvironmental context of the Anthropocene. The proposed amendment, if adopted, risks ineffective prosecutions or even perverse outcomes for the environment itself. This risk, however, may characterize any effort to prosecute ecocide internationally in the Anthropocene unless the terms of international criminal law are fundamentally rethought. (shrink)

The contributors to this issue focus on legal internationalism, including hybrid mixes with nationalist forms. They have provoked us as editors to think more about these sites and forms of engagement. Sankey shows how civic participation in the ECCC has played a key role in surfacing the gendered harms of separation and starvation. Turan highlights the problems with ICC exclusion of the experience of men and boys from sexual violence. Peroni expresses her hesitations over the Istanbul Convention given an association (...) between assumed vulnerability and migrant women, while admiring its uncoupling of violence and culture. Cruz’s interview with Wendy Brown contextualizes and expands on these themes as they consider, with other participants, the future of feminist theory in the context of neo-liberal capturing of rights and legal space. Thinking more about internationalism and commitment in this context also helps us hold a mirror up to ourselves as we reflect more critically on our own naming of FLS as an ‘international’ journal. Together these contributions, and the reviews of new work, play a role in fleshing out an editorial commitment to enacting the journal as a living thing that ‘hangs together somehow’ even as it is known differently in different places. (shrink)

Background and aimThe nature of pediatric settings may encounter nurses with more complicated ethical issues. A code of ethics guides nurses to act and decide ethically as a profession. Also, there is always a need to evaluate amount nurses adhere to this code of ethics, using valid and reliable instruments. This study aimed to develop a questionnaire and assess its psychometric properties to measure pediatric nurses' adherence to the code of ethics. MethodsIn this methodological research study, firstly, the questionnaire was (...) developed based on an extensive review of the related literature and the theoretical framework of nursing ethics. A panel of experts (n = 12) reviewed the preliminary questionnaire qualitatively and quantitatively (using CVI and CVR). A conveniently selected sample of 156 nurses working in pediatric wards in three hospitals filled out the questionnaire. The psychometric process included determining sample size and data adequacy using KMO and Bartlette's test of sphericity; exploratory factor analysis (principal component method with Promax rotation); item analysis; and Cronbach's alpha coefficient. Also, the Interclass Correlation Index (ICC) value was determined using a two-week interval test–retest method on 30 eligible nurses.ResultsThe CVI and CVR for the entire questionnaire were 0.85 and 0.78, respectively. The CVI and CVR of all items were reported higher than 0.59 and 0.8, respectively. Cronbach's alpha of the 28-items instrument was 0.92. Extracted six factors explained 65.31% of the total variance, and the values of the item correlations with the total questionnaire showed good internal consistency (0.52 to 0.90). The items of each factor were evaluated to determine the values they represent. Accordingly, the factors were named beneficence, nonmaleficence, human dignity, autonomy, informed consent, and honesty. The ICC value was 0.99.ConclusionsThe developed instrument is acceptable and has good reliability and validity. It can be used to assess the amount of pediatric nurses' adherence to the code of ethics by managers, teachers, and researchers. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Breaking EarthAlexis Rider (bio) and Paul A. Harris (bio)“He takes all that, the strata and the magma and the people and the power, in his imaginary hands. Everything. He holds it. He is not alone. The earth is with him. Then he breaks it.”― N. K. Jemisin, The Fifth SeasonBreaking Earth, a collection of visual and written essays brought together for this special issue of SubStance, is a disruptive (...) engagement with concepts and terms that have become touchstones for the geologic/planetary turn in the inhumanities. The project took initial inspiration in conversations the co-editors had about N. K. Jemisin’s Broken Earth trilogy, in which geologic and human power interweave in complex webs among bodies born of chiasmic crossings of Anthro-progeny and Geo-orogeny. Conceived as a companion almanac to Jemisin’s trilogy—though references to that work are intentionally oblique—the volume pursues new ways of reading, and being with, the geos of this planet. In doing so, Breaking Earth seeks to reframe and deepen the discussions, both historical and philosophical, around the relationship between geology and humanity.The notion of the Anthropocene has, for several decades, monopolized said discussions. Since its articulation in the early 2000s, the concept has been equal parts galvanizing and problematic in thinking with the Earth (Crutzen). Proposed by an atmospheric chemist, incorporated (with caveats) into the geologic deep time of the planet by geologists, and taken up with vigor by humanists, social scientists, and artists, the Anthropocene has, for better or worse, broken significant new ground in Earth-oriented thought.The term’s core proposals—that humans are a geologic force and we have entered a wholly new period of Earth history—has compelled scholars to engage with a geologic tradition of mapping and classifying the history of said forces along a temporal scale. This tradition—exemplified in the International Chronostratigraphic Chart (ICC) below (Figure 1)—relies on the translation of messiness and difference into abstracted orderly categories of strata and type. Of course, no geologist would claim that the ICC is a direct representation of the materiality of the rocky Earth we live on, so full of faults, fissures, and unconformities. But as writers, [End Page 3] artists, and activists have made clear, the repositioning of humans-as-strata is far riskier than imposing abstract order on a cliff face: it dangerously flattens out the messiness of human history and difference—obfuscating the uneven histories of extraction and oppression to which the mining of geophysical energies and resources is so clearly bound. The Anthropocene has therefore helped reveal the immense pitfalls of conflating a species with the geologic, and made clear the need for humanists—both within the academy and beyond—to develop a language and method for thinking about the changing Earth. Click for larger view View full resolutionFigure 1.International Chronostratigraphic Chart (ICC), International Commission on Stratigraphy, 2023, www.stratigraphy.org.At the same time, the very act of attempting to identify the Anthropocene within stratigraphic nomenclature has usefully challenged old and brittle binaries. Contemporary rhetoric around how to conceive of change—backed often by disciplinary boundary-keeping—exemplifies such divisions. Take, for example, the grammatical distinction between political, social forces and physical, environmental forcings (Hulme). These seemingly inane suffixes recast agency and allow the natural and social worlds to exist in two separate spheres (albeit ones that overlap via extraction) where human action is more wholly filled with intent. Breaking this distinction via a reconceptualization of geologic agency underpins [End Page 4] what scholars, including Pratik Chakrabarti and Kathryn Yusoff, have been articulating so clearly: rocks have politics. To unpack this carefully and fully, however, requires moving beyond the collapse of anthropos into geos: there is too much texture, history, and action lost in such a sweeping and simple formulation.This collection takes these problematics of the Anthropocene as self-evident: it critically engages with the chronostratigraphic logic that implicitly upholds a view of time, history, and knowledge which operationalizes the extractive carbon capital economies fueled by colonialism and slavery. This assertion bears emphasizing, given the announcement from the Anthropocene Working Group (AWG) in the summer of 2023 that the origin of... (shrink)

The world's first permanent international criminal tribunal for the prosecution and punishment of the world's most serious crimes was created in 2002. In Bringing Power to Justice? legal scholars, political scientists, and political philosophers respond to fundamental questions about the future of this court and international criminal justice. For instance, will the ICC be undermined by political constraints, given the opposition of major powers, including the United States? What are the implications of holding heads of state responsible for international crimes? (...) Are trials the best response to state crime or would other devices (such as truth commissions) be more suitable? Is retributive justice an appropriate response? The contributors offer indispensable and thoughtful assessment of the future of international criminal justice. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:HUME ON CONTINUED EXISTENCE AND THE IDENTITY OF CHANGING THINGS Most discussions of Hume's rather cursory treatment of coherence as a factor in generating belief in what he calls the continu' d existence of objects in Of Scepticism with Regard to the Senses, have taken a common line in interpreting the nature of the problem Hume's treatment is designed to solve. For instance, perhaps the two most ex2 3 (...) tensive discussions, those of Price and Gomberg seem to agree that the problem is: how do we fill in the gaps among our perceptions, complete sequences or series that are incomplete, and come to believe in the existence of a world of unperceived objects. At the same time such discussions have focussed on the issue of whether the inference from the coherence of our perceptions to belief in the continued existence of objects (ICCE) is, as Hume claims, distinguishable from causal inference. Hume is read in such a way that ICCE if not causal is at least quasi-causal; that is, the only difference for Hume between the two sorts of inference has been taken to be one concerning the evidence on which each is based — causal inferences on past constant conjunctions or uniformities, ICCE on something less. I believe that these discussions have invariably omitted a key factor in understanding Hume's treatment of coherence, one that I want to point out and develop in this paper. Hume's discussion of coherence, like his discussion of constancy, is bound up with the concept of identity; for belief in the continued existence of an object, which coherence generates, is a belief about its identity. Hence a causal inference is distinguished from ICCE by Hume as only the latter necessarily involves belief in the identity of an object over time. Once this is recognized, we can view Hume's discussion^of coherence as requiring an answer to the question: "How do we come to believe in the identity of changing things?" I want to consider two interpretations of 106. the exact nature of ICCE for Hume — one suggested by examples offered in his discussion of coherence, the other suggested by remarks about the concept of identity in other sections of Part Four of Book One of the Treatise — and to argue that neither satisfactorily answers this question. This failure raises doubts not only about ICCE but about the tenability of Hume's characterization of the "vulgar" view of perception and his view of identity. When Hume first answers the question, "What qualities of our impressions or perceptions lead us to attribute to them a distinct and continued existence,?" by isolating the qualities of constancy and coherence, I think it is clear that the former is invoked to account for objects which are, at least in a relative sense, unchanging, which have always appear 'd to me in the same order and return upon me without the least alteration (T194), while the latter is invoked especially, if not solely, to account for objects that underto rather large changes over time, things which after a little absence or interruption may become hardly knowable. (T195) Hume's example concerns a fire in his chamber, which undergoes great change from the moment he leaves (or perhaps the moment it is lighted) to the time he returns (or perhaps the time it is a bunch of glowing embers), but which, nevertheless, compared to other fires undergoes a like alteration...in a like time. (T195) Whatever more coherence can do, it is required, at least initially, to account for just those cases which cannot be subsumed under constancy, in other words, cases in which changing objects are taken to possess distinct and continued existence. In the famous paragraph following his initial comments on coherence, Hume seemingly proceeds to explain how coherence gives rise to belief in continued existence. The account runs basically as follows. Hume hears a noise, as of a door turning; he sees a porter coming toward him. But, Hume says, I never have observ' d3 that this noise could proceed from anything but the motion of a 107. door; and therefore conclude, that the present phaenomenon is a contradiction to all past experience... (shrink)

Involuntary civil commitment to treatment for opioid use disorder prevents imminent overdose, but also restricts autonomy and raises other ethical concerns. Using the Kass Public Health Ethics Framework, we identified ICC benefits and harms. Benefits include: protection of vulnerable, underserved patients; reduced legal consequences; resources for families; and “on-demand” treatment access. Harms include: stigmatizing and punitive experiences; heightened family conflict and social isolation; eroded patient self-determination; limited or no provision of OUD medications; and long-term overdose risk. To use ICC ethically, (...) it should be recognized as comprising vulnerable patients worthy of added protections; be a last resort option; utilize consensual, humanizing processes; provide medications and other evidence-based-treatment; integrate with existing healthcare systems; and demonstrate effective outcomes before diffusion. ICC to OUD treatment carries significant potential harms that, if unaddressed, may outweigh its benefits. Findings can inform innovations for ensuring that ICC is used in an ethically responsible way. (shrink)

With its express intention ‘to put an end to impunity’, the International Criminal Court (ICC) faces a substantial challenge in the shape of conditional amnesties granted in future national truth commissions (TCs)—a challenge that invokes fundamental considerations of criminal justice ethics. In this article, I give an account of the challenge, and I consider a possible solution to it presented by Declan Roche. According to this solution the ICC-prosecutor should respect national amnesties and prosecute and punish only those perpetrators who (...) have refused to cooperate with the TC. I argue, however, that this compromise is untenable. As a general rule, if we justify the ICC on grounds of deterrence we should not accept conditional amnesties granted in national TCs. (shrink)

On 25 May 1993 the United Nations Security Council took the extraordinary and unprecedented step of deciding to establish the International Criminal Tribunal for the Former Yugoslavia as a mechanism for the restoration and maintenance of international peace and security. This was an extremely significant innovation in the use of mandatory enforcement powers by the Security Council, and the manifestation of an explicit link between peace and justice - politics and law. The establishment of ad hoc tribunals for the former (...) Yugoslavia and Rwanda was followed by the adoption of the Rome Statute of the ICC in July 1998, the arrest of General Augusto Pinochet in London in October 1998, and the establishment of ad hoc tribunals in Cambodia, Sierra Leone, and East Timor, all of which pointed to an emerging norm of international criminal justice. The key to understanding this is the relationship between the political mandate and the judicial function. The Tribunal was established as a tool of politics, but it was a judicial, not a political tool.This book provides a systematic examination of the Tribunal, what it is, why it was established, how it functions, and where its significance lies. The central question is whether an international judicial institution, such as the Tribunal, can operate in a highly politicized context and fulfill an explicit political purpose, without the judicial process becoming politicized. Separate chapters chart the origins of the court, the process of establishment, jurisdiction, procedure, state co-operation, including obtaining custody of accused, and the role and function of the Chief Prosecutor. This last element is the key to the Tribunal's success in maintaining a delicate balancing act so that its external political function does not impinge on its impartial judicial status, and instead enhances its effectiveness. The book concludes with an assessment of the conduct of the Milosevic case to date. (shrink)

The United States is using the theme of rights to build its unilateralism. In order to transform this unilateralism into a convincing universalism, it needs to reinforce its “soft power,” appeal to its partners and convince them of the necessity of its initiatives. Aggressive or offensive rights and crude unilateral military interventions are dangerous per se; they might also endanger American power in the long run. Culturally, this challenge is rooted in America’s origins and in its enthusiastic desire to reform (...) the world. In that respect, the shaping of a so-called “world community,” America is challenging continental Europe and its hierarchical universal power rooted in Catholic verticality. On the contrary, the U.S. conception of power is based on a horizontal dynamic, inspired by the structure of the reformation movement. American coercive rights are defying a universal powerless law; Luther is certainly taking its revenge against Rome. Indeed, as for now, America’s universal competence turns out to be more effective than the ICC. However, if the United States does not take into account its own aspirations to define universal norms, it will be more and more difficult for the United States to justify the necessity of its military decisions. any step back to crude realism could be a fatal regression. It will be a mistake for the pursuit of America’s own interests; it would also most probably endanger the stability of the international system, as it would foster rivalries and hostile reactions. (shrink)

This article is a response to a call for a study of international criminal law as an economic phenomenon, going beyond addressing administrability, commensurability, and interpersonal comparison of utility, band instead focusing on problems of institutional choice. This approach differs from the typical methods of normative and descriptive scholarship of international criminal law. An institution like the International Criminal Court can be usefully examined as an international public good, and as such offering little incentives for states such as the United (...) States of America to join as they can enjoy benefits without costs. This article examines the economic basis for the US non-participation in the ICC and grapples with future prospectives. (shrink)

This work delves into the nature of the morality of the judges and prosecutors of the ICC, who are instrumental in perpetuating the flawed concept of international criminal vacation. This work does not imply distrust in the capacities of the prosecutors or judges of the Court. However, if they are not morally and legally accountable for safeguarding the survival and security of the rights of victims, then who is? This volume places a significant emphasis on an ethical and philosophical understanding (...) of the system of international criminal justice and how the system of vacation for major criminals has become a mechanism against the universal rights of men across the globe. It is in these circumstances that we become instruments of political power, devoid of morality and humanity, driven solely by the evil greed of governments that disregard the dignity of other nations and relegate their victims to a state of insignificance. (shrink)