The presumption of innocence undergirds the American criminal justice system. It is so fundamental that it is derived from the concepts of due process and the importance of a fair trial. An informed, historical understanding of the interaction between the presumption of innocence and key tenets of due process can help clarify the meaning and application of the presumption of innocence in the modern day. Due process, as developed throughout English and US. Colonial history leading up to the formation of (...) the US. Constitution, has two important implications. First, due process provides a general guarantee of liberty against punishment or imprisonment without a fair trial. Second, due process requires that a jury, as opposed to a judge, determine the factual guilt of a defendant at trial. These two key tenets were historically fundamental to due process and should guide how the presumption of innocence impacts various stages of trial, including pretrial detention decisions and sentencing. Returning to a historical understanding of due process requires that judges not determine facts or punish individuals before a trial has occurred. (shrink)

We study the stable standard of behavior in a perfect foresight situation that was introduced by Xue. We assume that the inducement relations are invertible and coalition free. We show that the conditions are sufficient for the existence of the nonempty-valued optimistic/conservative stable standard of behavior for perfect foresight situation. Moreover, we find that an OSSB-PF supports a Pareto-efficient outcome as a stable outcome; if the preference relations are strict, only the Pareto-efficient outcomes are supported by the OSSB-PF.

Background Workplace Incivility is a common issue in the nursing profession. Nurses who are affected by such behaviors may experience distress. Objectives This study aimed to assess the relationship between workplace incivility and nurses’ professional quality of life. Research design This cross-sectional correlational study was conducted in 2021 in “Tehran”. Data were collected using a demographic questionnaire, the Nursing Incivility Scale (NIS), and the Professional Quality Of Life scale (ProQOL). Data analysis was performed through the Pearson correlation and multiple linear (...) regression, using the SPSS v.16. Participants and research context Participants were 200 nurses randomly recruited from selected hospitals of “TUMS”. Ethical considerations The study obtained research ethics approval and all participants were informed of the voluntary and anonymous nature of their participation. Findings The mean age of participants was 32.30 ± 7.22, and 76.5% were female. There was a significant correlation between the professional quality of life and workplace incivility ( r = −0.23, p =.001). Multiple regression analysis between the subscales of workplace incivility and professional quality of life demonstrated that the incivility from the supervisor ( β = −0.29, p =.001) and incivility from patients ( β = −0.27, p <.001) can predict the compassion satisfaction dimension. The incivility from the supervisor ( β = 0.24, p =.001) and incivility from patients ( β = 0.26, p <.001) can explain burnout. The incivility of the patients can explain secondary traumatic stress ( β = 0.14, p =.02). Conclusion This study showed that workplace incivility is significantly related to professional quality of life. Therefore, the reduction of behaviors of incivility can lead to the improvement of the professional quality of life. (shrink)

The measurement of pain depends upon subjective reports, but we know very little about how research subjects or pain patients produce self-reported judgments. Representationalist assumptions dominate the field of pain research and lead to the critical conjecture that the person in pain examines the contents of consciousness before making a report about the sensory or affective magnitude of pain experience as well as about its nature. Most studies to date have investigated what Fechner termed “outer psychophysics”: the relationship between characteristics (...) of an external stimulus and the magnitude and nature of pain experience. In contrast, Fechner originally envisioned that “inner psychophysics” should investigate the relationship between physiological states and subjective experience. Despite the lack of established research tradition, inner psychophysics has a potential utility in elucidating underlying mechanisms for the production of phenomenal self-report. We illustrate this, using causal modeling analyses of the accuracy of self-reported pain ratings from our laboratory. We submit that the results are inconsistent with representationalist assumptions. Converging trends from several domains of consciousness studies seem to suggest that we need to abandon the unquestioned doctrine of representationalism and search for a more viable framework for understanding the generation of subjective self-report. (shrink)

「高等数学」への想いを脱し、「フランス文学」へ転向。そしてブランショの「レシ(r ́ecit)」に没頭する。「常識」「一般了解」「予断」をカッコに入れ、在野にて約30年にわたって“存在”をめぐるノートを記し、考察を続けた。“存在”と“時間”を考えた哲学者(ハイデガー、カント、ベルク ソン等)の論考を徹底的に読み込み、“存在”そのものに深く切り込む瞠目の書。.

歴史学をめぐる“方法論的な挑発者”として―自己省察的な小文、時評、書評等を精選して収録。巻末に、編者4人が著作集の意義と魅力を縦横に論じあう座談会の記録と、「安丸良夫著作目録」を付載。.

「通俗道徳」論をはじめ、著者の歴史研究の基軸をなす「民衆思想史」に関する代表的な論考を収める。.

In recent years, scholars in science and technology studies have examined the advice that experts make for the governance of biomedicine. This STS scholarship, however, has not yet explained how the credibility of ethics expertise in public bioethics is produced from particular conditions and extended to different settings. This article describes how a bioethics commission created the ethical principle of justice and examines how the ethics expertise established public credibility on the justice principle. The findings suggest that the principle of (...) justice was first explored as the diverse concepts of “equality” with reference to the review of fetal research, redefined as “fairness” or “desert” from theoretical viewpoints, and then circulated as a standard framework in local settings. The credibility of ethics expertise, based on the coproduction of material and moral orders, was made possible by reaching common ground among different data, principles, and background theories. (shrink)

As biomedical research with volunteers was expanded in the United States, the rule of subject selection, constituting scientific and ethical criteria, was generated in 1981 to resolve selection bias in research. Few historical studies, however, have investigated the role of this new hybrid rule in institutional review systems. This paper describes how bioethics commissions and federal agencies have created the subject selection rule based on the concept of justice. I argue that the standardization of this rule as temporal measures, linked (...) with risk-benefit assessment, has reformed the review mechanism, specifically investigators’ modification of research plans, thereby developing justice as balancing. (shrink)

The aims of this study were twofold, to: examine the behavior displayed by participants who expected to be nominated for donor roles in dictator games wherein initial endowments of players are determined by lottery and investigate the conduct of donors who were confident in their good fortune in relation to their power as they redistributed the rewards they had gained. Results from a dictator game in which a donor is accorded the absolute power to redistribute initial income and a random (...) dictator game in which both a donor and a recipient declare their redistributive preferences and one of them is selected randomly by a computer were compared. Confident donors made more self-serving redistribution decisions than did unconfident donors in both games, but the difference was clearer in the dictator game. In relation to their preferences exhibited before being informed of their roles, confident donors decreased their redistribution amounts after discovering their roles; the decrements in the dictator game were conspicuously larger than those in the random dictator game. In short, confident donors were greedier than unconfident donors; the difference became more pronounced when their redistributive power was unconditional even though their confidence had no rational basis. (shrink)

By focusing on players’ relative contributions, we study some properties for values in positive cooperative games with transferable utilities. The well-known properties of symmetry (also known as “equal treatment of equals”) and marginality are based on players’ marginal contributions to coalitions. Both Myerson’s balanced contributions property and its generalization of the balanced cycle contributions property (Kamijo and Kongo Int J of Game Theory 39:563–571, 2010; BCC) are based on players’ marginal contributions to other players. We define relative versions of marginality (...) and BCC by replacing marginal contributions with relative contributions, and examine efficient values satisfying each of the two properties. On the class of positive games, a relative variation of marginality is incompatible with efficiency, and together with efficiency and the invariance property with respect to the payoffs of players under a player deletion, a relative variation of BCC characterizes the proportional value and egalitarian value in a unified manner. (shrink)

This article attempts to examine Nihonjinron, the popular essentialist genre in Japan, which purports to analyse Japan's quintessence and cultural core by using three concepts - nationality, ethnicity and culture - synonymously. The focus of the paper will be placed on: (1) the widespread political bases of Nihonjinron and its internal divisions; (2) its changing features in the face of globalization; (3) the possible productive uses of Nihonjinron at both conceptual and theoretical levels; and (4) the dilemma of inter-societal and (...) intra-societal cultural relativism, which the Nihonjinron debate has highlighted. The paper presents an outline of an inductive, pluralistic, multicultural model of analysis as a possible alternative. (shrink)

论述了中国先秦到汉魏之间的古代中国思想发展过程,阐释该时期主要思想家的论著和思想以及各家之间的相互联系。.