A year ago, the "Draft Common Frame of Reference" was published for the first time in an interim outline edition. Now we proudly present the final outline edition of the DCFR. - revision of the already published text to take account of the public discussion - major new topics covered - an additional section on the principles underlying the model rules - revised and expanded list of definitions The six-volume full edition of the DCFR including all (...) comments and notes will be published in October 2009. (shrink)

The Draft Common Frame of Reference is just published. Now the creation of the final Common Frame of Reference is one of the most important issues in the field of European Private Law. The volume discusses the key question as to what extent the CFR can and should reflect existing EC Contract Law, and to what extent the DCFR has already incorporated the acquis communautaire. The contributions to this volume try to provide answers (...) to this question by analyzing different controversial areas such as the conclusion and content of the contract, non-performance, remedies, damages and the relation to International Private Law. (shrink)

At the beginning of the year, the Draft Common Frame of Reference (DCFR) was published. The text is the result of the work of a broad range of private law scholars from the Member States of the European Union, and it presents itself as an ‘academic’ document, committed to the precepts of scholarship rather than politics. Notwithstanding its unwieldy name, the text is nothing less than the draft of the central components of a European Civil (...) Code. The following article aims to inform the reader about this potentially important document and to initiate further academic debate about it. Following an overview of the genesis and content of the DCFR (Part 1), the discussion focuses on whether, and to what extent, it is based upon consistent and convincing core aims and values (Part 2). The article then proceeds to address, more specifically, the significance of private autonomy, and it examines the extent to which the proposed rules satisfy the requirements of legal certainty and legal clarity (Part 3). Thereafter, the DCFR is measured against the criteria of internal consistency and systematic integrity (Part 4). Also (Part 5) the question is asked whether the Draft critically reflects and convincingly integrates the sources on which it is based (that is the Lando Commission's Principles of European Contract Law and the Acquis Principles, as well as the private law traditions of the Member States). Also deserving of attention is the inclusion of more than 120 definitions of central concepts of private law, which are not to be found in this form or level of detail in either the Lando Principles or the national private laws (Part 6). (shrink)

Lawyers around the world roughly agree on the meaning of private law. Whatever their national origins, they will point to contract and tort and identify their roots in the national private law order. Understanding European private law requires clarification of each of the three composite elements which includes Europe is not a state but a quasi‐state with a multilevel governance structure, the law is not only private but also has a strong regulatory (public) dimension and law cannot be equated with (...) codified law but has a multifaceted character‐ranging from private regulation within a public regulatory frame to contract governance and self‐regulation. Constitutionalization of private law through the increasing use of fundamental rights and human rights ranks high on the political, judicial, and academic agendas. The Draft Common Frame of Reference (DCFR) is designed to operate in a framework based on conventional actors: individual private parties, judges, and the legislator. (shrink)

Since its publication in early 2008, the DCFR has triggered an intensive discussion throughout Europe. The contributions combined in the present volume stand out as they add a Law & Economics perspective to the ongoing debate. A workshop held at the Law and Economics Faculty of the University of Bonn in November 2008 aimed at stimulating the debate on the economic implications of the principles and rules enshrined in the DCFR. An essential part of the papers presented at the Bonn (...) workshop are now being published. The topics addressed range from general issues such as the policies of anti-discrimination and consumer protection to analyses of specific legal areas, like the law of remedies, the law of service contracts and the law of torts or delict. (shrink)

The draft Common Frame of Reference is likely to play a prominent role in the further development of European contract law. Therefore, with a view to its acceptability it is crucial to assess the draft from the point of view of social justice.The DCFR has all the characteristics of a typical European compromise. Ideological and esthetical purists will certainly be disappointed. This is not necessarily something to be worried about. A common frame of (...) reference is not drafted, in the first place (if at all), for esthetical or ideological reasons; it is meant to provide some normative guidance in the further development of European contract law. European citizens have very different interests, preferences and opinions in relation to almost all the subjects dealt with in the DCFR. A DCFR consistently based on only one conception about the right choices would inevitably have disappointed all European citizens with a different idea of social justice in European private law. Therefore, if we really want the further Europeanization of private law we will have to accept that it will probably look rather different from both the particular Member State law that each of us is familiar with and our personal ideas of social justice. The publication of the interim outline edition of the draft CFR, which is the result of a close collaboration between hundreds of legal scholars from all Member States, has brought that message home. The characterisations of the DCFR as 'a law for big business and competent consumers' or, alternatively, as a 'massive reduction of private autonomy' are both unfounded. Overall, from the point of view of social justice, the DCFR is fairly balanced. Nevertheless, there is certainly room for improvement.Even if the DCFR is going to remain only a soft law instrument it is still likely to have a considerable influence on the further development of private law in Europe and will therefore also affect, directly or indirectly, the lives of all European citizens. For this reason it is crucial that European citizens will not only be the addressees of the CFR, or of the legislative measures based thereon, but can also rightly consider themselves as its authors. After the drafting by legal experts and the rather one-sided 'stakeholders'' input that were both organised by the European Commission it is now time for the citizens' voice. Only a meaningful input from the European and national Parliaments can provide the final CFR with the regulatory legitimacy that it needs.The level of consumer protection in the DCFR is sufficiently high for it to be acceptable as the content of an optional instrument, which could be made applicable, for example, by clicking on a 'blue button'. However, as an absolute maximum beyond which the Member States would not be allowed to go in the case of full harmonisation, it is submitted, the level of protection in the DCFR is insufficient. Moreover, the DCFR draws a sharp distinction between B2C and B2B contracts. It categorically excludes from the protection that it grants to consumers all businesses, even the smallest ones that may be as vulnerable as consumers (or even more so) when it comes to a lack of information, inexperience and dependence. This sharp distinction deviates from the law in many Member States, is not required by the EC Treaty (which is relevant with a view to the CFR's role as a toolbox for revising the acquis and for drafting new acquis), and is potentially contrary to the fundamental principle of justice that any distinction between groups of people should favour the least privileged.General private law - the bulk of the model rules contained in the DCFR - cannot be said to be 'neoliberal' as the Social Justice Group feared it would. Nor is it 'socialist' as some business stake holders warned for. It strikes a balance between autonomy and solidarity that is quite similar to the ones drawn in the modern private laws (including the case law, i.e. not merely the civil codes) of the Member States. However, where the DCFR deviates from the Principles of European Contract Law (PECL) it is always in the liberal direction.Throughout the last Century general clauses, such as good faith, have played a prominent role in promoting social justice in private law in the Member States. In fact they became delegations of law-making power to the courts in order to allow them to find just and fair solutions in new cases. This tradition was codified in the PECL. However, in the DCFR the role of good faith is narrower and deliberately so. From the point of view of social justice it is important that in the final CFR the role of good faith as an undisputed legal basis for judge-made law should be restored.The catalogue of underlying values and principles, that is meant to become the preamble to the final CFR and is likely to play a crucial role in the interpretation and further development of the CFR, brings back to the foreground some fundamental values that have played a prominent role in private law making in the Member States but that have been overshadowed, on the European level, by the narrow focus on market building. Having said that, the list of values in the DCFR could be framed so as to be more balanced. In particular, the privileged position of party autonomy as the only principle that is also contained in the black-letter model rules seems unjustified. (shrink)

Contract theories may be a useful analytical tool for understanding and explaining contract, as well as for facilitating orientation in a complex and often fragmented legal regulation. The article presents main understandings of contract in various European jurisdictions: contract as free assumption of obligation, contract as a bargain based on the idea of consideration, contract as free assumption of obligation based on sufficient causa. The article inquires as to how universal those theories are, what are the recent trends in the (...) development of European contract law, what philosophy of contract underlies the soft law instruments, such as UNIDROIT Principles of International Commercial Contracts or Principles of European Contract Law (PECL), what is the stance of the Draft Common Frame of Reference (DCFR) in regard to the concept of contract. Under the law of Lithuania the definition of contract comprises elements found in several European countries, but it is argued that the new Lithuanian Civil Code has not received any model in its pure form. However it seems that the prevailing view understands contract as juridical act, as freely assumed obligation and meeting of parties’ intentions with the aim to create legal effects. Following the position of soft law instruments in regard to the elements of the contract, Lithuanian law (at least in its statutory form) does not have any explicit additional requirements, such as consideration or causa. (shrink)

The Association Henri Capitant des Amis de la Culture Juridique Française and the Société de législation comparée joined the academic network on European Contract Law in 2005 to work on the elaboration of a "common terminology" and on "guiding principles" as well as to propose a revised version of the Principles of European Contract Law. The results of this work were sent to the European Commission and have already been published in French. The English translation is now being published (...) by sellier.elp. This work could contribute to the wider European project. The part on the guiding principles could be a component of the CFR, in the form of "black letter" model rules or recitals. The part on terminology is, in itself, useful for the elaboration of the final various linguistic versions of the CFR. It finds its place within the materials which will accompany the model rules. Last but by no means least, the revised version of the PECL should be considered by the European institutions as an alternative set of model rules on contract law. (shrink)

The article examines how the rules on formation of contract and on mistake, contained in the various transnational model rules that have been published over the past two decades, have taken shape. The approach adopted here is based on an analysis of the ‘textual stratification’ of European private law. The relevant instruments (Convention on Contracts for the International Sale of Goods, Principles of European Contract Law, UNIDROIT Principles of International Commercial Contracts, Draft Common Frame of Reference, (...) Principes contractuels communs) are analysed and compared in their historical sequence. To what extent and why have the texts been transformed in the process? The article demonstrates that there is a very considerable common ground reflecting the state of the art of comparative research in these fields over the past hundred years. It also highlights issues on which consensus must still be reached and it suggests patterns towards reaching such consensus. It is argued that the Principles of European Contract Law, rather than the Draft Common Frame of Reference, should provide the point of departure for future discussions. The scene for the article is set by a critical examination of the concepts of contract and legal act, as used in the Draft Common Frame of Reference. (shrink)

The aim of the article is to answer the question if accession can be maintained as a separate and independent mode of acquisition and loss of ownership in the Lithuanian civil law. Although this mode takes its beginning in the Roman law and is well-known in other European jurisdictions, the situation in Lithuania is less clear because the accession is almost totally absent from the legal texts of the Lithuanian positive civil law, court decisions and legal doctrine as well. Thus, (...) a legal analysis confined to the linguistic analysis of law would come to the conclusion that Lithuanian law functions without the accession. Nevertheless, a deeper analysis of the Lithuanian Civil Code and case law reveals a different view. To respond to the posed question, the article analyses the functions and the concept of accession as one of the aspects of a broader property law principle, namely, of unity. The essence of the latter is that one thing presupposes one right of ownership and it is inconceivable to hold several full ownerships into the same thing. In this respect, accession plays an important role protecting the legal interests of the third parties. Also, the application of accession in other continental European countries and the solutions proposed by the Draft Common Frame of Reference is analysed. Further, the analysis turns to the Lithuanian positive law and case law. In spite of the lack of express reference to the accession rule, careful analysis shows that, in fact, the accession rule is established in the Lithuanian Civil Code, albeit it could be found in various forms and in several different units of the Civil Code. Also, Lithuanian courts routinely apply the rules on accession in practice. Even more, the analysis shows that the Lithuanian Civil Code is not devoid of the rules of accession, but, on the opposite, this legal institute is over-regulated and, in part, incoherent. This quality can be explained as a consequence of an imprecise legal drafting. The final conclusion is drawn that accession is a separate and fully working legal institute of Lithuanian civil law, although to reach its coherent application a certain interpretative position should be adopted. (shrink)

Various annoyingly incorrect statements of Stoffregen & Bardy are corrected, for example, that perception researchers commonly use the term to denote motion without any frame of reference, confuse earth-relative and gravity-relative motion, err with respect to the frame of reference implied by their subject is motion responses, believe in sense specific motion percepts, and do not investigate sensory interactions at neurophysiological levels. In addition, much of the target article seems to concern metaphysics rather than empirical science.

In European law, "non-contractual liability arising out of damage caused to another" is one of the three main non-contractual obligations dealt with in the Draft of a Common Frame of Reference. The law of non-contractual liability arising out of damage caused to another â?? in the common law known as tort law or the law of torts, but in most other jurisdictions referred to as the law of delict â?? is the area of law which (...) determines whether one who has suffered a damage, can on that account demand reparation â?? in money or in kind â?? from another with whom there may be no other legal connection than the causation of damage itself. Besides determining the scope and extent of responsibility for dangers of one's own or another's creation, this field of law serves to protect fundamental rights in the private law domain, that is to say horizontally between citizens inter se. Based on pan-European comparative research which annotates the work, this book presents model rules on liability. Explanatory comments and illustrations amplify the policy decisions involved. During the drafting process, comparative material from over 25 different EU jurisdictions has been taken into account. The work therefore is not only a presentation of a future model for European rules to come, but also provides a fairly detailed indication of the present legal situation in the Member States. (shrink)

This article reviews existing approaches to defining and distinguishing communication styles and proposes a common frame of reference for future research. The literature review yields two schools of thought: the behavior-centered perspective and the personality-oriented perspective. Although these lines of research differ in their ways of defining communication styles, they show considerable similarities with respect to their classification. Many researchers build their taxonomies on two key dimensions: assertiveness and responsiveness. We propose embedding communication styles into the Five-Factor (...) Theory and defining them as characteristic adaptations of personality. We also suggest the Interpersonal Circumplex as a reference model for distinguishing communication styles as it is able to integrate substantial dimensions and facets of existing taxonomies in a parsimonious way. (shrink)

The cerebellum probably obeys the rules of sensorimotor integration common in the nervous system. One such a rule is formulated: the nervous system organizes spatial frames of reference for the sensorimotor apparatus and produces voluntary movements by shifting their origin points. We give examples of spatial frames of reference for different single- and multi-joint movements including locomotion and also illustrate that the process of motor development and learning may depend critically on the formation of appropriate frames of (...) reference and the organism's ability to manage them. We suggest that a solution to the problem of sensorimotor integration may not be trivial and may actually change the mental and experimental paradigms used in the understanding of the cerebellum and other brain structures, [HOUK et al.; SIMPSON et al.; SMITH; TIIACH]. (shrink)

The current paper argues for synchronising spatial frames of reference for achieving effective multiparty communication in collaborative virtual environments. Synchronising nonverbal behaviour from different modalities is an important step for simulating face-to-face-interaction where all nonverbal cues are available. Such synchronisation also serves as an effective basis for building multimodal interfaces especially if these have to be deployed for multiparty communication. It is argued that common spatial reference frames are helpful in coordinating different points of attention and facilitating (...) work by serving as the springboard for joint attention among members of the team. Consequently, it is desirable to aim for such common grounds and not just focus on coordinating disjointed virtual spaces for facilitating decision-making by reducing felt collaborative effort. Implementing the synchronisation of spatial reference frames for modern technologies thus serves dual purposes by achieving common grounds in communication and maintaining autonomy of each member at the same time. Towards this end, the current paper proposes the concept of decentred egocentric frame, the origin of which is one’s own body and the spatial relation between two objects is defined with respect to this origin. This frame seems to be important for separating each member’s focus from his own body (self/activities) and also helps in coordinating one’s focus with those of the others whether interacting verbally or nonverbally. This is an important conceptual development as the proposed classification is hypothesised to function in a similar manner across different sensory modalities. The paper concludes with issues on implementation and other future conceptual developments. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Forms of Knowledge and Sensibility: Ernst Cassirer and the Human Sciences and: Dilthey und Cassirer: Die Deutung der Neuzeit als Muster von Geistesund KulturgeschichteSebastian LuftGunnar Foss and Eivind Kasa, editors. Forms of Knowledge and Sensibility: Ernst Cassirer and the Human Sciences. Kristiansand: HøyskoleForlaget, 2002. Pp. 223. Paper, $25.00.Thomas Leinkauf, editor. Dilthey und Cassirer: Die Deutung der Neuzeit als Muster von Geistesund Kulturgeschichte. Hamburg: Meiner, 2003. Pp. 170. Paper, (...) € 34,80.These two new anthologies on Cassirer attest to the new attention that is being paid to what has often been referred to as "the last neo-Kantian." While interest in Cassirer's oeuvre as a whole, specifically his draft of a philosophy of symbolic forms as a philosophy of culture, has awoken again in the last decade on the European continent—mainly in Germany, but also in France and Italy—it is a pleasant surprise to see him also being well received in the Nordic European countries, as the volume edited by Foss and Kasa demonstrates. Both volumes—successfully, it should be noted—make the case that Cassirer can and in fact ought to play an important role for what goes on in contemporary philosophy and its projects, be they historical, hermeneutical, sociological, linguistic or other. These two books do a good job of demonstrating that Cassirer was unrightfully forgotten and deserves to be reconsidered, especially now that his complete works have and continue to become accessible in critical edition. This novel scholarship is not only about a reassessment of Cassirer's original achievements, as attempted in Foss/Kasa, but also about placing him in the context of twentieth-century philosophy. Leinkauf's volume, in particular, attempts to take stock of the history of philosophy and its meaning for us today—projects that were of paramount interest to Cassirer. It is only logical, hence, to compare his method to Dilthey's, whose manner of doing historiography is framed as a critique of historical reason.Leinkauf's anthology appears in the already well-established Cassirer-Forschungen with Meiner Publishers; as is known, Meiner also edits the critical Cassirer edition and the Collected [End Page 504] Works. Foss's and Kasa's volume, however, is an entirely novel venture into a philosopher who has been only little acknowledged in the Scandinavian countries—perhaps with the exception of Sweden to which the Cassirers emigrated and (after a brief stay in England) became naturalized after the Nazis' seizure of power. This seeming unfamiliarity with Cassirer also explains why the articles in the Norwegian volume are more general and intended to orient Cassirer in the intellectual landscape of these Northern countries that have traditionally been more inclined towards Anglo-American and Eastern-European philosophy. This, however, by no means diminishes the importance of this volume. Indeed, in terms of systematic philosophical approaches presented here, the essays in this volume are, with few exceptions, somewhat more lively and fresher than some of the rather staid historical studies of the German anthology. To be fair, the Leinkauf volume has a decidedly more specific agenda, namely, to locate Cassirer's attempts to interpret modernity, especially his studies of the Renaissance period, in a larger project of a historiography of modernity as a whole; a project that has been so much at the forefront in many philosophical endeavors in the late-twentieth and beginning twenty-first century. Cassirer is contrasted, as the title indicates, with another influential attempt at the same task, namely by Wilhelm Dilthey. This is especially interesting since Dilthey, being a generation older, took no notice of Cassirer's work, and Cassirer, in turn, gave only little attention to Dilthey's work, since his writings on the subject were published later. Thus, the anthology closes a gap both in Cassirer and Dilthey scholarship.What both books have outwardly in common, however, is the fact that they both are collections of papers given at conferences, in Potsdam and Trondheim, respectively. The contributors of the German volume are St. Otto, R. A. Makkreel, M. Mulsow, G. Cacciatore, E. Rudolph, H. Holzhey, U. Renz, G. Scholtz, and G. Hartung. It is no surprise to find some of these well-established authors in... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Forms of Knowledge and Sensibility: Ernst Cassirer and the Human Sciences and: Dilthey und Cassirer: Die Deutung der Neuzeit als Muster von Geistesund KulturgeschichteSebastian LuftGunnar Foss and Eivind Kasa, editors. Forms of Knowledge and Sensibility: Ernst Cassirer and the Human Sciences. Kristiansand: HøyskoleForlaget, 2002. Pp. 223. Paper, $25.00.Thomas Leinkauf, editor. Dilthey und Cassirer: Die Deutung der Neuzeit als Muster von Geistesund Kulturgeschichte. Hamburg: Meiner, 2003. Pp. 170. Paper, (...) € 34,80.These two new anthologies on Cassirer attest to the new attention that is being paid to what has often been referred to as "the last neo-Kantian." While interest in Cassirer's oeuvre as a whole, specifically his draft of a philosophy of symbolic forms as a philosophy of culture, has awoken again in the last decade on the European continent—mainly in Germany, but also in France and Italy—it is a pleasant surprise to see him also being well received in the Nordic European countries, as the volume edited by Foss and Kasa demonstrates. Both volumes—successfully, it should be noted—make the case that Cassirer can and in fact ought to play an important role for what goes on in contemporary philosophy and its projects, be they historical, hermeneutical, sociological, linguistic or other. These two books do a good job of demonstrating that Cassirer was unrightfully forgotten and deserves to be reconsidered, especially now that his complete works have and continue to become accessible in critical edition. This novel scholarship is not only about a reassessment of Cassirer's original achievements, as attempted in Foss/Kasa, but also about placing him in the context of twentieth-century philosophy. Leinkauf's volume, in particular, attempts to take stock of the history of philosophy and its meaning for us today—projects that were of paramount interest to Cassirer. It is only logical, hence, to compare his method to Dilthey's, whose manner of doing historiography is framed as a critique of historical reason.Leinkauf's anthology appears in the already well-established Cassirer-Forschungen with Meiner Publishers; as is known, Meiner also edits the critical Cassirer edition and the Collected [End Page 504] Works. Foss's and Kasa's volume, however, is an entirely novel venture into a philosopher who has been only little acknowledged in the Scandinavian countries—perhaps with the exception of Sweden to which the Cassirers emigrated and (after a brief stay in England) became naturalized after the Nazis' seizure of power. This seeming unfamiliarity with Cassirer also explains why the articles in the Norwegian volume are more general and intended to orient Cassirer in the intellectual landscape of these Northern countries that have traditionally been more inclined towards Anglo-American and Eastern-European philosophy. This, however, by no means diminishes the importance of this volume. Indeed, in terms of systematic philosophical approaches presented here, the essays in this volume are, with few exceptions, somewhat more lively and fresher than some of the rather staid historical studies of the German anthology. To be fair, the Leinkauf volume has a decidedly more specific agenda, namely, to locate Cassirer's attempts to interpret modernity, especially his studies of the Renaissance period, in a larger project of a historiography of modernity as a whole; a project that has been so much at the forefront in many philosophical endeavors in the late-twentieth and beginning twenty-first century. Cassirer is contrasted, as the title indicates, with another influential attempt at the same task, namely by Wilhelm Dilthey. This is especially interesting since Dilthey, being a generation older, took no notice of Cassirer's work, and Cassirer, in turn, gave only little attention to Dilthey's work, since his writings on the subject were published later. Thus, the anthology closes a gap both in Cassirer and Dilthey scholarship.What both books have outwardly in common, however, is the fact that they both are collections of papers given at conferences, in Potsdam and Trondheim, respectively. The contributors of the German volume are St. Otto, R. A. Makkreel, M. Mulsow, G. Cacciatore, E. Rudolph, H. Holzhey, U. Renz, G. Scholtz, and G. Hartung. It is no surprise to find some of these well-established authors in... (shrink)

It is suggested that the mathematically abstract coordinate frames of reference commonly visualized to be centered at the celestial bodies have real counterparts in the shape of well-defined rigid spatial resonant singularities of infinite extension, which accommodate the matter waves from the superimposition of which the body residing at the coordinate origin results. A universally valid inertial reference frame system is proposed. Qualitative explanations are offered for the inertial and gravitational forces, their observed proportionality, and for the (...) occurrence of second-order gravitational effects in the vicinity of massive bodies. The universal redshift is assumed to result from a closure condition of the eigenspaces introduced. (shrink)

Background: Newer “closed-loop” neurostimulation devices in development could, in theory, induce changes to patients’ personalities and self-perceptions. Empirically, however, only limited data of patient and family experiences exist. Responsive neurostimulation (RNS) as a treatment for refractory epilepsy is the first approved and commercially available closed-loop brain stimulation system in clinical practice, presenting an opportunity to observe how conceptual neuroethical concerns manifest in clinical treatment. Methods: We conducted ethnographic research at a single academic medical center with an active RNS treatment program (...) and collected data via direct observation of clinic visits and in-depth interviews with 12 patients and their caregivers. We used deductive and inductive analyses to identify the relationship between these devices and patient changes in personality and self-perception. Results: Participants generally did not attribute changes in patients’ personalities or self-perception to implantation of or stimulation using RNS. They did report that RNS affected patients’ experiences and conceptions of illness. In particular, the capacity to store and display electrophysiological data produced a common frame of reference and a shared vocabulary among patients and clinicians .Discussion: Empirical experiences of a clinical population being treated with closed-loop neuromodulation do not corroborate theoretical concerns about RNS devices described by neuroethicists and technology developers. However, closed-loop devices demonstrated an ability to change illness experiences. Even without altering identify and self-perception, they provided new cultural tools and metaphors for conceiving of epilepsy as an illness and of the process of diagnosis and treatment. These findings call attention to the need to situate neuroethical concerns in the broader contexts of patients’ illness experiences and social circumstances. (shrink)

This study compares the coverage of coping strategies and emotions portrayed in news regarding COVID-19 by The New York Times in the U.S. and People’s Daily of China via social media. By employing corpus assisted discourse analysis to scrutinize the text corpora, our study uncovered prominent keywords and themes. Findings indicate that a comprehensive range of themes relating to coping strategies was more common in People’s Daily while a relatively smaller number of themes was apparent in The New York (...) Times. In terms of emotions exhibited in the news coverage, positive emotions such as cheer, gratitude, and good wishes predominated in People’s Daily whereas in The New York Times, negative emotions in the form of fears and anxiety were salient. The differences are explained with reference to the political context intertwined with the news environment and prior experiences in handling epidemics, with practical implications. (shrink)

In the study of special languages and translation, the legal field is often insulated from other domains. This is primarily due to the extreme system dependence of the terminology of law, which results from a lack of a common legal system of reference throughout the world. The abstract nature of this human-made field and its dynamicity in view of the continuously evolving case law and constant changes in legislation make it difficult to illustrate its complex ontology through traditional (...) terminology management techniques. Therefore, this paper argues for an interdisciplinary approach to constructing the ontology of legal concepts based on structural constituents from frame semantics and comparative law. Frames allowing for the representation of interconnected knowledge segments evoked by legal concepts and the distinction between micro- and macro-dimensions in legal comparison research make it possible to capture the complex ontology of legal terminology evoked in a specific point in time and a determined legal context. The ontological knowledge structure will be exemplified by terms from German social, commercial, employment, and tax law. (shrink)

The problem for the CNS in any particular movement task is to coordinate the various frames of reference appropriate to the task. Control variables are determined by this coordination. The coordination problem varies greatly from task to task, and so no single set of control variables is likely to account for a broad range of movement tasks.

While geocentric and relative frames of reference have figured prominently in the literature on spatial language and cognition, the intrinsic frame of reference has received less attention, though various subtypes of the intrinsic frame have been proposed. This paper presents a revised classification of the intrinsic frame, distinguishing between three subtypes: a ‘direct’ subtype, an ‘object-centered’ subtype and a ‘figure-anchored’ subtype, with a cross-cutting distinction between ‘function-based’ and ‘shape-based’ systems. In addition, the ‘FIBO’ system in (...) Dhivehi is analyzed as an example of a borderline case, with some important features of the intrinsic frame but also some differences, presenting a challenge for existing frame of reference classifications. The rotational properties of these various systems are also considered. The analysis underscores the considerable diversity within intrinsic systems but also points to a closer relationship between intrinsic and extrinsic frames than has previously been appreciated. This may have implications for broader theoretical issues including how frames of reference are acquired, how speech communities come to use different frames and whether patterns of frame use in discourse shape patterns of non-verbal frame use. (shrink)

This paper unpacks ambiguities in the field of interdisciplinarity studies, explores where they come from and how they inhibit consolidation of the field. The paper takes its point of departure in two central fault lines in the literature: the relationship between interdisciplinarity and disciplinarity and the question of whether integration is a necessary prerequisite for interdisciplinarity. Opposite positions on the fault lines are drawn out to identify sources of ambiguities, and to examine whether the positions are irreconcilable - or disagreements (...) that may continue to coexist in a consolidated field. It is argued that if we envisage a consolidated field of IDS, there is a need to develop common ground which calls for scholars of ID to be more explicit about the meanings they ascribe to ID than we see today when the sliding between the epistemological and political dimensions of the field may go unnoticed. It is suggested that whereas ambiguity may be unwanted in the epistemological dimension, it may be quite useful in the political dimension. A systematic comparison of opposite positions offers a common frame of reference for a more productive dialogue between different positions. The analysis shows that as to integration, the difference between opposite positions can be reconciled, whereas in the relation between interdisciplinarity and disciplinarity, the positions are antagonistic and logically exclude each other. The analysis suggests that it is the premise of integration that creates the conditions of possibility for “relabelling” interdisciplinarity and for using the “silo” for disciplines. (shrink)

The paper investigates the ethical decisions of Millennials, who are not only part of an expanding cohort of the workforce, but also represent potential future managers with a growing influence on work practices and employment relationships. In the conceptual model, we propose that three ethical frames of reference, represented by perceived organisational ethics, perceived employee ethics and reflective moral attentiveness, antecede ethical judgements, which further influence the ethical intentions of Millennials. Using structural equation modelling, we test the model for (...) three different business ethics scenarios: paying a consulting fee, dumping hazardous waste, and running an offensive advertising campaign. The findings confirm the link between ethical judgements and intentions across the board, while the influence of the ethical frames of reference varies among the scenarios. We propose that the differences in the predictive ability of the ethical frames of reference depend on the nature of the ethical issue, which holds important implications for today's managers in their attempts to encourage ethical behaviour of Millennial employees. (shrink)

Land is becoming increasingly scarce relative to the demands of the global economy; a problem significantly exacerbated by climate change. In response, some have suggested that land should be conceptualised as a global commons. This framing might seem like an appealing way to promote sustainable and equitable land use. However, it is a poor fit for the worldʼs land because global commons are generally understood as resources located beyond state borders. I argue that land can be seen to fit the (...) definition of a global commons, if viewed in a particular way; namely, as a biogeochemical resource system that sequesters carbon emissions. The question then arises whether land should be conceptualised as a global commons. I consider this question by reference to three contemporary problems of land justice (land grabbing, forced displacement, and unfairness in land-based climate mitigation); arguing that the global-commons framing will not be conducive to understanding or responding to these problems. I leave the question of how the global community should conceptualise land in the context of climate change open, claiming that any answer must include the voices and perspectives of those whose livelihoods and identities are closely connected to the land. (shrink)

The rise of neurotechnologies, especially in combination with artificial intelligence (AI)-based methods for brain data analytics, has given rise to concerns around the protection of mental privacy, mental integrity and cognitive liberty – often framed as “neurorights” in ethical, legal, and policy discussions. Several states are now looking at including neurorights into their constitutional legal frameworks, and international institutions and organizations, such as UNESCO and the Council of Europe, are taking an active interest in developing international policy and governance guidelines (...) on this issue. However, in many discussions of neurorights the philosophical assumptions, ethical frames of reference and legal interpretation are either not made explicit or conflict with each other. The aim of this multidisciplinary work is to provide conceptual, ethical, and legal foundations that allow for facilitating a common minimalist conceptual understanding of mental privacy, mental integrity, and cognitive liberty to facilitate scholarly, legal, and policy discussions. (shrink)