Mit der vorliegenden Arbeit werden die gesetzlichen Instrumentarien zum Schutz geistigen Eigentums in der Schiffbauindustrie, die für das Design von Schiffen - also den ästhetischen Aspekt - in Betracht kommen können, dargestellt und untersucht. Dabei stellt sich die Frage, inwiefern ein Schiff in seiner Gesamtheit oder in seinen einzelnen Bestandteilen konkret urheber- und/oder geschmacksmusterrechtlich geschützt werden kann. Von Bedeutung ist darüber hinaus eine Absicherung mittels vertraglicher Klauseln (mit Vereinbarungen zur Geheimhaltung, vertraglichen Absicherungsklauseln zur Sicherung der Designrechte etc.). Die Frage, wie (...) dieser Schutz gesetzlich und vertraglich ausgestaltet ist bzw. sich ausgestalten lässt, bildet den Schwerpunkt der Untersuchung. (shrink)

Person‐centred care is founded on ethics as a basis for organizing care. In spite of healthcare systems claiming that they have implemented person‐centred care, patients report less satisfaction with care. These contrasting results require clarification of how to practice person‐centred ethics using Paul Ricoeur's ‘Little ethics’, summarized as: ‘aiming for the good life, with and for others in just institutions’. In this ethic Kantian morality is at once subordinate and complementary to Aristotelian ethics because the ethical goal needs to be (...) critically assessed and passed through the examination of the norm in each care situation. This paper presents examples that describes a person‐centred care practice that balance a critical review of care activities based on a conviction of aiming for patients' wellbeing. In contrast to patients' experiences of person‐centred care in real life, research projects have shown that if the clinical performers comprehend and apply the practice of person‐centred ethics, patients report positive outcomes. The implementation of person‐centred care therefore demands that stakeholders and managers enables and requires that healthcare staff study ethics in the same way as studying for example pharmacology is required when handling patients' medicines. (shrink)

This article is a contribution to the existing debate about the marketization of higher education and offers a detailed study of the way the practices of marketization manifest themselves at the level of discourse in higher education. Taking its point of departure in Critical Discourse Analysis and using a text-driven procedure for genre analysis, the article describes and analyses the international student prospectus as an instance of a highly promotional genre which clearly reflects the values and forces of the free (...) market. The article contains two analyses. The first analysis compares four instances of the international student prospectus genre from Finland, Scotland, Australia and Japan and tries to establish genre membership and genre characteristics by considering the overall text structure, and by looking for similarities in content and `rhetorical moves'. The second analysis is an in-depth analysis of the language use in the international student prospectus from the University of Stirling, Scotland. This analysis pays particular attention to the way the rhetorical moves and visual and lexico-grammatical features in the text are used to represent the two main participants in the text: the university and its students. Both analyses show that the student prospectus is trying to construct an image of the University of Stirling and its students which goes hand in hand with the new trend in higher education — namely that of offering innovative products to `demanding' clients on the look-out for the best possible `university experience'. (shrink)

BackgroundResearch proactively and deliberately aims to bring about specific changes to how societies function and individual lives fare. However, in the ever-expanding field of ethical regulations and guidance for researchers, one ethical consideration seems to have passed under the radar: How should researchers act when pursuing actual, societal changes based on their academic work?Main textWhen researchers engage in the process of bringing about societal impact to tackle local or global challenges important concerns arise: cultural, social and political values and institutions (...) can be put at risk, transformed or even hampered if researchers lack awareness of how their ‘acting to impact’ influences the social world. With today’s strong focus on research impacts, addressing such ethical challenges has become urgent within in all fields of research involved in finding solutions to the challenges societies are facing. Due to the overall goal of doing something good that is often inherent in ethical approaches, boundaries to researchers’ impact of something good is neither obvious, nor easy to detect. We suggest that it is time for the field of bioethics to explore normative boundaries for researchers’ pursuit of impact and to consider, in detail, the ethical obligations that ought to shape this process, and we provide a four-step framework of fair conditions for such an approach. Our suggested approach within this field can be useful for other fields of research as well.ConclusionWith this paper, we draw attention to how the transition from pursuing impact within the Academy to trying to initiate and achieve impact beyond the Academy ought to be configured, and the ethical challenges inherent in this transition. We suggest a stepwise strategy to identify, discuss and constitute consensus-based boundaries to this academic activity. This strategy calls for efforts from a multi-disciplinary team of researchers, advisors from the humanities and social sciences, as well as discussants from funding institutions, ethical committees, politics and the society in general. Such efforts should be able to offer new and useful assistance to researchers, as well as research funding agencies, in choosing ethically acceptable, impact-pursuing projects. (shrink)

Chronic disorders of consciousness, particularly the vegetative and the minimally conscious states, pose serious diagnostic challenges to neurologists and clinical psychologists. A look at the concept of “diagnosis” in medicine reveals its social construction: While medical categorizations are intended to describe facts in the real world, they are nevertheless dependent on conventions and agreements between experts and practitioners. For chronic disorders of consciousness in particular, the terminology has proven problematic and controversial over the years. Novel research utilizing functional brain imaging (...) has demonstrated that a substantial number of patients retain their capabilities to communicate by brain activity even when they are incapable of classic verbal and nonverbal responses due to the dysfunction of their motor behavior. Moreover, thorough diagnostic assessments constitute the foundations for suitable rehabilitation measures. Thus, ethical arguments support the claim that the potential of emerging methods for communication via brain activity should be evaluated comprehensively in patients with chronic disorders of consciousness, once the technological methodology for this endeavor progresses to a reliable and affordable stage. (shrink)

This paper explores models of reflexive feminist science studies through the work of Donna Haraway. The paper argues that Haraway provides an important account of science studies that is both feminist and constructivist. However, her concepts of “situated knowledges” and “diffraction” need further development to be adequate models of feminist science studies. To develop this constructivist and feminist project requires a collective research program that engages with feminist reflexivity as a practice.

How can firms mitigate the impact of moral violations on consumer evaluations? This question has pervaded the business ethics literature. Though prior research has identified decoupling as a moral reasoning strategy where consumers separate moral judgments from evaluations, it is unclear what motivates individuals to decouple. It is the objective of this research to explore regulatory focus theory as a motivating factor for moral decoupling. Three experiments are undertaken. Study one demonstrates that with a prevention mindset as opposed to promotion (...) mindset, moral decoupling can be achieved. Specifically, those in a prevention mindset report more favorable evaluations when information about a violation explicitly lowers consequences of moral violations. However, when the violation is related to the business functionality of the brand, those in a prevention mindset report less favorable evaluations, except when consequences are lowered. This indicates an inability to decouple, and results in negative emotions. The research shows that inability to decouple for those in a prevention mindset leads to negative emotions, lowering evaluations. These results contribute to the moral reasoning literature by linking regulatory focus to decoupling strategies. Further, the research bridges literature on norm activation, moral foundation, regulatory focus, and moral decoupling to reconcile theoretical differences in judgment styles. Implications for businesses and brands are discussed. (shrink)

The theory of formal spaces is developed in terms of presentations, in order to study effectivity.

Algorithms silently structure our lives. Algorithms can determine whether someone is hired, promoted, offered a loan, or provided housing as well as determine which political ads and news articles consumers see. Yet, the responsibility for algorithms in these important decisions is not clear. This article identifies whether developers have a responsibility for their algorithms later in use, what those firms are responsible for, and the normative grounding for that responsibility. I conceptualize algorithms as value-laden, rather than neutral, in that algorithms (...) create moral consequences, reinforce or undercut ethical principles, and enable or diminish stakeholder rights and dignity. In addition, algorithms are an important actor in ethical decisions and influence the delegation of roles and responsibilities within these decisions. As such, firms should be responsible not only for the value-laden-ness of an algorithm but also for designing who-does-what within the algorithmic decision. As such, firms developing algorithms are accountable for designing how large a role individual will be permitted to take in the subsequent algorithmic decision. Counter to current arguments, I find that if an algorithm is designed to preclude individuals from taking responsibility within a decision, then the designer of the algorithm should be held accountable for the ethical implications of the algorithm in use. (shrink)

As contemporary socio-ecological challenges such as climate change and biodiversity preservation have become more important, the three pillars concept has increasingly been used in planning and policy circles as a framework for analysis and action. However, the issue of how culture influences sustainability is still an underexplored theme. Understanding how culture can act as a resource to promote sustainability, rather than a barrier, is the key to the development of cultural sustainability. This book explores the interfaces between nature and culture (...) through the perspective of cultural sustainability. A cultural perspective on environmental sustainability enables a renewal of sustainability discourse and practices across rural and urban landscapes, natural and cultural systems, stressing heterogeneity and complexity. The book focuses on the nature-culture interface conceptualised as a place where experiences, practices, policies, ideas and knowledge meet, are negotiated, discussed and resolved. Rather than looking for lost unities, or an imaginary view of harmonious relationships between humans and nature based in the past, it explores cases of interfaces that are context-sensitive and which consciously convey the problems of scale and time. While calling attention to a cultural or 'culturalised' view of the sustainability debate, this book questions the radical nature-culture dualism dominating positive modern thinking as well as its underlying view of nature as pre-given and independent from human life. (shrink)

The right of access to documents is constitutionally based in Sweden and has a long history. The right of access is considered crucial to Swedish democracy. On entering the EU in 1995, Sweden declared that public access to official records forms part of Sweden’s constitutional, political and cultural heritage. The members of the EU for their part declared that they took it for granted that Sweden would fully comply with Community, now Union, law with respect to openness and transparency. Sweden (...) continues to push for transparency when EU legislation potentially containing secrecy clauses is negotiated in the EU. It turns out, however, that the EU membership does pose challenges to the strong Swedish right of access to documents. The protection of personal data is controversial in Sweden to the extent that the stricter EU legislation clashes with the traditionally weak protection of privacy in Swedish law; the right of access to information has largely overridden the right to privacy. Large amounts of publicly available personal data, amassed in data bases by private actors, for commercial reasons but under the protection of the Swedish constitution, is causing problems especially since the Swedish constitutional law is considered, by Sweden, to precede EU legislation in the field. Sweden will somehow have to solve the dilemmas caused by the differing traditions of transparency between itself and other members of the EU and of other international organizations. Many answers – perhaps converging - will be provided in 2016 by Swedish official inquiries and the EU Regulation.Article first published online: 22 MARCH 2016. (shrink)

This contribution explores Grotian Moments in the practice of the UN Security Council in three different but closely related subject areas. The three areas are, in turn, the way the Security Council interprets the concept of ‘threat to the peace’ or more generally ‘international peace and security’, the law-making by the Security Council, and the subjects – in the sense of legal or natural persons – that the Security Council chooses to address. It turns out that the interpretation by the (...) Security Council of the UN Charter has been remarkably flexible, expanding the scope of action of the Council considerably. Whether its interpretation of the UN Charter also deserves to be labelled ‘Grotian’, however, is rather a matter of rhetoric than law. (shrink)

Practice, Spatiality and Embodied Emotions: An Outline of a Geography of Practice The paper outlines an approach to social analysis/human geography taking off from a social ontology of practice. This means a focus of attention to embodied or practical knowledges and their formation in people's everyday lives, to the world of experiences and emotions, and to the infinitude of encounters through which we make the world and are made by it in turn. The paper proceeds in three parts. First, considering (...) the way in which subjectivity and identity are created in and through practices sets the ground. The two following sections are extensions from that discussing "embodiment and spatiality" and "affectivity and emotion" respectively. The purpose is threefold; to develop the sensuous character of practice, to consider the spatialities involved in that character, and to discuss possible developments including power and the social differentiation of bodies. The paper is concluded by a short discussion of the geographies following from the suggested account. (shrink)

In this article,we address how the professionalization process is reflected in the way Danish nursing textbooks present ‘nursing’ to new members of the profession during the 20th century. The discussion is based on a discourse analysis of seven Danish textbooks on basic nursing published between 1904 and 1996. The analysis was inspired by the work of Michel Foucault, in particular the concepts of rupture and rules of formation. First, we explain how the dominating role of the human body in nursing (...) textbooks disappears in the mid‐20th century. This transformation can of course be attributed to changes in tasks and responsibilities for nurses or to the implementation of increasing amounts of knowledge and theories from other disciplines than medicine into the nurses’ knowledge base. However, inspired by Foucault, we consider these historical changes to be the conditions of possibilities and not causes. The second part of the analysis shows that along with ‘the disappearance of the body’, a second discursive change appears: the role of doctors and medicine changes fundamentally from about mid‐20th century. Finally, we argue that this discursive reorganization enabling new patterns of thought to emerge was driven by a professional interest in describing nursing as an independent profession. (shrink)

The research into patient involvement is seldom concerned with the significance of cultural and structural factors. In this discussion paper, we illustrate our considerations on some of the challenges in implementing the ideal of patient involvement by showing how such factors take part in shaping the ways in which the intentions to involve patients are converted to practical interventions. The aim was to contribute to the approach dealing with contextual and structural factors of significance for patient involvement. With the idea (...) of “institutional logics,” borrowed from the Danish scholar, Erik Riiskjær, we first demonstrate, with examples from our own research, how patient involvement is interpreted differently within the different logics. Then, we show how the different interpretations of patient involvement meet and conflict in mutual competition as the ideals are sought to be converted to practical interventions. At last, we argue that an adequate theoretical model for the development in the future health care system should be expanded with a “patient logic.”. (shrink)

In this article we argue that the complex connections between gender and fatness have not been fully examined, particularly in so far as they relate to men. We consider the role of early feminist literature in establishing the idea that the fear of fatness is fundamentally tied up with patriarchy and the ways this also underwrites more recent examinations of fatness and gender. Moreover, we assert that popular feminist scholarship has actively produced the assumption that weight is not only a (...) women's issue, but that it is tied up with the very construction of femininity. Through an examination of the cultural history of fatness we show that men have also been caught up in the drive to reshape the body over the last century. However, their concerns have remained largely hidden, framed as they often are in the lexicon of ‘fitness’ and ‘muscularity’. An examination of the limited published material on male concerns with fat reveals that for many men fatness is feminizing – and undermines normative forms of masculinity in threatening ways. We call for further research that considers both female and male experiences of fatness, given the limitations of approaches that focus merely on one or the other. (shrink)

Die Arbeit liefert im Rahmen eines kognitiv-konstruktivistischen Ansatzes eine theoretische Grundlage für die systematische Integration von Metaphern in den Fremdsprachenunterricht. Es wird dargestellt, wie Menschen ihre Umwelt und ihr auf diese Umwelt gerichtetes Denken und Handeln kognitiv erfassen und auf der Basis dieses Wissens Vorstellungen von Welt entwickeln, die sich in Sprache niederschlagen. Die Rolle kognitiver mapping-Prozesse für die Konstruktion von Wissen und Bedeutung, d.h. für Lernprozesse im Allgemeinen, wird erläutert, und es wird demonstriert, wie sich das Ergebnis solcher Prozesse (...) häufig in Form metaphorischer Ausdrücke in Sprache widerspiegelt. Es wird aufgezeigt, wie sich die gewonnenen Erkenntnisse für den Fremdsprachenerwerb nutzen lassen. (shrink)

Digital cultural assets are often thought to exist in separate spheres based on their two principal points of origin: digitized and born digital. Increasingly, advances in digital curation are blurring this dichotomy, by introducing so-called “collections as data,” which regardless of their origination make cultural assets more amenable to the application of new computational tools and methodologies. This paper brings together archivists, scholars, and technologists to demonstrate computational treatments of digital cultural assets using Artificial Intelligence and Machine Learning techniques that (...) can help unlock hard-to-reach archival content. It describes an extended, iterative study applied to digitized and datafied WWII-era records housed at the FDR Presidential Library, rich content that is regrettably under-utilized by scholars examining American responses to the Holocaust. Authors detail the benefits of interdisciplinary collaboration for evaluating user needs, identifying and applying tools and methodologies, and reaching the real-world outcome of public access to augmented data. They also discuss issues of digital representation, relational context, and interface design to enable new modes of public and scholarly access. While based on a case study, we believe that this work is a substantial contribution to revealing the strengths and weaknesses of using AI/ML systems in cultural organizations. We give particular care to lessons learned, and generalize the approach taken across broad classes of collections with a focus on responsive iterations, reproducibility, and the relevance of data and its structures to users. (shrink)

The United Nation’s (UN) 3rd Annual Multi-stakeholder Forum on ‘Science, Technology and Innovation for the Sustainable Development Goals (STI Forum) - Transformation Towards Sustainable and Resilient Societies’ was held at the UN Headquarters in New York on 5th and 6th of June, 2018. This STI Forum set out to discuss a suit of the sustainable development goals, namely sustainable management of water and sanitation for all (SDG 6), sustainable consumption and production patterns (SDG 12), and sustainable terrestrial ecosystems (SDG 15). (...) It also discussed how to ensure access to affordable, reliable, sustainable and modern energy for all (SDG 7) and how to make cities and human settlements inclusive, safe, resilient and sustainable (SDG 11). I participated in the panel debate on ‘Science, Technology and Innovation for Sustainable Terrestrial Ecosystems (SDG 15)’ – emphasizing the importance of food systems in the context of SDG 15. My statement is summarized below. The panel debate aimed at helping to identify good practices and policy recommendations, as well as challenges and needs, especially as they relate to international cooperation, innovation and capacity-building, with a view to facilitate the development, scaling up adoption and dissemination of relevant technologies for SDG 15. A food system can be described as a system that embraces all the elements (environment, people, inputs, processes, institutions, infrastructure, markets and trade) and activities that relate to the production, processing, distribution and marketing, preparation and consumption of food and the outputs of these activities, including socio-economic and environmental outcomes. A sustainable food system delivers food and nutrition security for all in such a way that the economic, social and environmental bases to generate food security and nutrition for future generations are not compromised. (shrink)