Independence as a professional virtue is included amongst the core ethical principles governing lawyers yet its precise meaning remains elusive. This article aims to examine the meaning of lawyer independence in criminal proceedings by taking as its focus the situation of criminal defence lawyers in China. The problem of lack of independence from the state is analysed against the backdrop of historical examples of extreme denial of independence such as Germany under National Socialism, South Africa under apartheid and the Soviet (...) Union. The associated issue of independence from the client is then addressed with a view to assessing where the balance of relative independence should lie. It is suggested that excessive dependence on the state, as it is experienced in China, may have the effect either of driving criminal defence lawyers towards exactly the type of human rights advocacy that the state has taken action to suppress, or of chasing them away from a career in criminal law at a time when change is underway and experienced criminal defence lawyers are most needed. The balance is therefore upset on many levels and restoring independence so as to allow lawyers the professional freedom to fulfil their role may ultimately be in the interests both of the state and lawyers working in the area of criminal justice. (shrink)

Tempuutn Senarikng is one Indonesian mythical folklore telling the origins of humans in the Dayak Benuaq and Tunjung tribal communities. This research aims to represent the cultural values in Tempuutn Senarikng. This study is qualitative research using an ethnographic approach and interactive model data analysis techniques. The results show that Tempuutn Senarikng contains cultural values of the Dayak Benuaq and Tunjung tribal communities explaining that (1) the nature of the Dayak Benuaq and Tunjung people’s life is to try to avoid (...) being cursed by praying and performing ceremonial rituals. (2) The nature of the work of the Dayak Benuaq and Tunjung tribes is oriented to being a living. The work commonly carried out by the Dayak Benuaq and Tunjung people is farming. (3) Human nature in space and time is oriented to the future so what they do now will also have an impact on the future. However, they do not forget the past as part of life lessons. Therefore, they always make offerings in the form of sacrificial animal blood and cooked food in every ceremony to be grateful for what they have obtained in life, to avoid disaster, and to facilitate all hopes. (4) The nature of human relations with nature is by always maintaining harmony. They always conduct various ceremonial activities to get rid of disturbing spirits from human life, and vice versa, they are always accompanied by good spirits. In other words, the folklore of Tempuutn Senarikng is the forerunner of the traditions and culture of the Dayak Benuaq and Tunjung tribal communities continuing to be undertaken to this day.Contribution: The article results can be used in scientific research in verbal literature, folklore, and ethnology fields. (shrink)

The German end-of-life vehicle take-back system is described and analyzed in terms of its impact on the environment and the car companies involved. It is concluded that although this system is often cited as an example of a successful take-back scheme, it is not one that maximizes the value recovered from end-of-life vehicles. As a result, corporations do not achieve the potential benefits that can be realized from an alternate value chain based on recovering value from end-of-life products. Neither is (...) society benefiting from the potential reduction in pollution and from making its way of life more sustainable. Without bringing these potential benefits to all stakeholders, the system is not likely to have a future. (shrink)

In timing perception studies, the timing of one event is usually manipulated relative to another, and participants are asked to judge if the two events were synchronous, or to judge which of the two events occurred first. Responses are analyzed to determine a measure of central tendency, which is taken as an estimate of the timing at which the two events are perceptually synchronous. When these estimates do not coincide with physical synchrony, it is often assumed that the sensory signals (...) are asynchronous, as though the transfer of information concerning one input has been accelerated or decelerated relative to the other. Here we show that, while this is a viable interpretation, it is equally plausible that such effects are driven by shifts in the criteria used to differentiate simultaneous from asynchronous inputs. Our analyses expose important ambiguities concerning the interpretation of simultaneity judgement data, which have hitherto been underappreciated. (shrink)

In the decades to come, the authors expect growing pressures to reform current production systems to make them more compatible with the biosphere. A proactive approach to this pressure involves consideration of an alternate value chain based on a comprehensive engineering and marketing approach to recover value from end-of-life products. To estimate the potential advantages of the new value chain, the authors calculate the minimum throughput advantages and environmental advantages that can be realized from a comprehensive strategy of recovering value (...) from end-of-life products. The efforts of corporations and other organizations to make modern ways of life more environmentally sustainable are evaluated against this benchmark in terms of activities in the area of selling services, product take back, life cycle assessment, Responsible Care, voluntary emission reduction initiatives, and engineering and management education. It is concluded that in general, these efforts make only a minor contribution toward achieving. (shrink)

Product take-back (also called extended producer responsibility) has become a trend for dealing with the garbage resulting from categories of problematic products. Waste electrical and electronic equipment (WEEE) is one such category with computer equipment being of particular significance. This article provides a description of the European Union’s program to require the take-back of WEEE as well as the status of similar programs in Canada and the United States. It is concluded that although these programs meet the goal of reducing (...) the quantity of hazardous materials going to landfills, they do not go to the root of the problem by means of preventive approaches that create more circular materials flows. Plastics used in WEEE pose a serious problem, as they are generally not recycled. (shrink)

The German packaging ordinance is an example of legislated extended producer responsibility (also known as product take-back). Consumers can leave packaging with retailers, and packagers are required to pay for their recycling and disposal. It can be considered to be successful in reducing waste, spurring the redesign of packaging to be more environmentally sustainable, and increasing refilling and recycling. The exception is waste packaging made of plastics, which faces the problems of export due to lack of markets for recycled products (...) within Germany, the lack of capacity for recycling, the allowance for energy recovery within the ordinance, and the manufacturers’ focus on back-to-feedstock rather than back-to-plastics as a solution. This article looks at the ordinance and its effects to consider why this take-back program worked better than others. (shrink)

Do the rich descriptions and narrative shapings of literature provide a valuable resource for readers, writers, philosophers, and everyday people to imagine and confront the ultimate questions of life? Do the human activities of storytelling and complex moral decision-making have a deep connection? What are the moral responsibilities of the artist, critic, and reader? What can religious perspectives—from Catholic to Protestant to Mormon—contribute to literary criticism? Thirty well known contributors reflect on these questions, including iterary theorists Marshall Gregory, James Phelan, (...) and Wayne Booth; philosophers Martha Nussbaum, Richard Hart, and Nina Rosenstand; and authors John Updike, Charles Johnson, Flannery O'Connor, and Bernard Malamud. Divided into four sections, with introductory matter and questions for discussion, this accessible anthology represents the most crucial work today exploring the interdisciplinary connections between literature, religion and philosophy. (shrink)

Regular musical activity as a complex multimodal lifestyle activity is proposed to be protective against age-related cognitive decline and Alzheimer’s disease. This cross-sectional study investigated the association and interplay between musical instrument playing during life, multi-domain cognitive abilities and brain morphology in older adults from the DZNE-Longitudinal Cognitive Impairment and Dementia Study study. Participants reporting having played a musical instrument across three life periods were compared to controls without a history of musical instrument playing, well-matched for reserve proxies of education, (...) intelligence, socioeconomic status and physical activity. Participants with musical activity outperformed controls in global cognition, working memory, executive functions, language, and visuospatial abilities, with no effects seen for learning and memory. The musically active group had greater gray matter volume in the somatosensory area, but did not differ from controls in higher-order frontal, temporal, or hippocampal volumes. However, the association between gray matter volume in distributed frontal-to-temporal regions and cognitive abilities was enhanced in participants with musical activity compared to controls. We show that playing a musical instrument during life relates to better late-life cognitive abilities and greater brain capacities in OA. Musical activity may serve as a multimodal enrichment strategy that could help preserve cognitive and brain health in late life. Longitudinal and interventional studies are needed to support this notion. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Grand Theory on Trial:Kafka, Derrida, and the Will to PowerNina Pelikan StrausIn summa: so that man may respect himself he must be capable of doing evil.(Nietzsche, The Will to Power)1IThe following pages offer evidence that in The Trial Kafka invents characters who deploy a Nietzschean-sourced language of deconstruction related to what we now call theory; that in "Before the Law" Kafka's priest deconstructs The Law to which K. is (...) subjected, and that Kafka exposes the discursive devices by which laws can be deconstructed. Kafka's text then opens the way to another kind of deconstruction of that-which-is-already-deconstructed as performed by Jacques Derrida in his 1987 essay, "Before the Law."2 Although this claim may seem self-evident or rhetorically circular to some readers of Kafka and his commentators, it is the result of years of puzzlement concerning the impact of Grand Theory in American criticism.This puzzlement, often accompanied by antagonism, is shared by critics whose essays comprise Patia's and Corral's Theory's Empire: An Anthology of Dissent. The 2005 volume includes major reassessments of poststructuralist theory, notably Derrida's, by Tzetan Todorov, Thomas Nagel, M. H. Abrams, Kwame Anthony Appiah, Frederick Crews, René Welleck, David Bromwich, and others. While the deconstructionist idea of the arbitrariness of the signifier appears to be a central target of these critics' analysis, it is precisely the arbitrariness of the signifier called the Law that Kafka explores in The Trial.Kafka's intended relation to what he exposes has been much debated. [End Page 378] Stanley Corngold refers to the "undecidability" of Kafka's work and its "narrative mood of neutrality."3 The emphasis on "undecidability" in Kafka can be viewed as symptomatic of the influence of French Theory embraced by the American literary academy in the 1970s and 1980s. This latter view of Kafka's writing contrasts sharply with an earlier view, such as Hannah Arendt's, that The Trial, for all its ambiguity and multivalence, carries precise political meanings and warnings that Kafka fully intended. The deconstructionist moment did not bury convictions such as Adorno's or Canetti's that "from the beginning, Kafka sided with the humiliated,"4 or that for "a generation of early readers Joseph K.'s arrest was... a prophetic anticipation of the fate awaiting Hitler's victims."5 But deconstruction's skeptical effect undermined the certitude that Kafka was a politically important novelist. For its detractors, the deconstructionist view that there is "nothing outside of the text" ignores that texts like Kafka's have shaped human lives and human history. Wellek, who helped to introduce French theory to American literature departments, now asserts that theory has destroyed literary studies, while Frederick Crews argues that "Derrida's judgment that 'there is nothing outside the text' automatically precludes recourse to evidence." In Crews's view, "both Derrida and his myriad followers think nothing of appropriating and denaturing propositions from systems of thought whose premises they have already rejected." Thomas Nagel goes further in condemning "post-modern relativism" as a "quick fix" which puts reason to sleep. In Theory's Empire, Derrida's language is described as a "maze," a "prison house of language," a "limbo of combined attention and nonassertion."6The arguments against deconstruction theory can scarcely be summarized here, but a sampling of the commentaries in Theory's Empire on Derrida can lead us through and eventually back to what is or isn't at political stake in reading The Trial. Two questions are of concern: How much of Kafka's political acumen does Derrida ignore or misread in his commentary on "Before the Law"? And: to what degree do Derrida's rhetorical devices and ingenious language games resemble the language of the Courtiers who torture Joseph K.? What might such an analogy imply? Other questions follow, such as David Bromwich's very important ones. "About the status of Derrida's procedures there was always a puzzle," he writes. "Was deconstruction a technique proper to the commentator, and necessary as a tactic against the naïve constructionism of the author? Or was it something the author's writing practiced for itself, in... (shrink)

Enttäuschung ist ein ambivalentes Phänomen: Sie kränkt, weil sie Erwartungen widerlegt und düpiert, aber sie bringt den Wirklichkeitssinn auch wieder zurecht, weil sie von Täuschungen befreit. Das gilt für die alltägliche, lebensweltliche Erfahrung genauso wie für die Wissenschaften, die sie methodisch herbeiführen, wenn sie auf Falsifikation setzen. Erkenntnis ist dann: Gewinn durch Verlust. Wie aber hält der Mensch seine Enttäuschungen aus, und was geben sie ihm zu denken? Der Band versammelt interdisziplinäre Erkundungen zu einem Phänomen, das lieber vermieden als thematisiert (...) wird. Die Beiträge (u.a. von Brigitte Boothe, Saskia Wendel, Tilmann Borsche, Marc Föcking, Philipp Stoellger, Karl-Siegberg Rehberg und Heinrich Assel) beschreiben Enttäuschung samt den Facetten von Resignation und Ressentiment. Von Selbstverständlichkeiten, die unter Problematisierungsdruck zerfallen ist genauso die Rede wie von intersubjektiven Verletzungen und nicht-eingehaltenen Versprechen. Der Band zeichnet aber auch Wege nach, auf denen Desillusionierungen ertragreich werden und neue Aufmerksamkeit für die Wirklichkeit entsteht. Die Studien zur Enttäuschung aus Philosophie, Literaturwissenschaft, Psychoanalyse, Theologie und Soziologie zeigen den Menschen als ein "Wesen, das trotzdem lebt" (H. Blumenberg). (shrink)

PurposeThe COVID-19 pandemic caused a massive healthcare crisis. To investigate what makes healthcare system resilient and physicians better at coping during a crisis situation, our study investigated the role risk exposure, such as working at COVID-19 entry points, sleep, and perceived work safety played in reducing negative psychological functioning at work, as well as their effects on adverse and potentially fatal incidences of compromised safety and medical errors.MethodsOur study included a representative sample of 1,189 physicians, from all 12 Slovenian regions (...) and all medical occupations, as registered by the Medical Chamber of Slovenia. For the purposes of this study, a Questionnaire of Sleep and Psychological Functioning at Work was developed in the form of an online retrospective self-report. Additionally, our study included items assessing physicians perceived work safety and frequency of negative outcomes during the first month of the Covid-19 epidemic.ResultsPhysicians working at COVID-19 entry points were more likely to experience night awakening, slept less than 5 h per night, experience nightmares, and had lower levels of psychological functioning in comparison to other physicians. Both hypothesized models showed adequate fit. A higher score on the sleep scale has been shown to predict lower levels of negative psychological functioning at work and, indirectly, reduced incidences of compromised safety and medical errors. Contrary to our expectations, no significant direct effect of sleep on compromised safety and medical errors was found. When perceived work safety was added into the model, the model showed improved fit, with perceived work safety predicting better sleep, less negative psychological functioning at work, and less compromised safety.ConclusionSleep and safety both play an important role in reducing negative psychological functioning at work and, by doing so, decreasing the negative and potentially fatal incidents during the pandemic, such as compromised safety and medical errors. Further, research is needed to see how medical guidelines can be updated to ensure physicians sleep and that their safety is protected. (shrink)

This article presents newly discovered data that provides new insights into eighth- century Nepalese history. The data is based on a stone inscription dated to Licchavi Saṃvat 173 (748 ce), here edited and translated for the first time. The inscription not only attests to the continuity of Licchavi dynastic rule through to the middle of the eighth century CE, but additionally reveals a matrimonial and military alliance between the Licchavis and a dynasty called Rāṣṭrakūṭa, possibly the Rāṣṭrakūṭa family attested in (...) the Indragaḍh inscription dated Vikrama Saṃvat 767 (710–11 CE). In contextualizing the historical data that can be extracted from the surviving portions of the inscription, we examine and reassess some of the strategies used by the Licchavi Kingdom to negotiate its position in the tumultuous political landscape of greater North India during the seventh and early eighth centuries. In the introduction and annotations, the article also provides observations on the inscription text’s literary style and script, as well as on certain aspects of Licchavi- period religious culture as reflected in it. (shrink)

The content of a work of literature, Walter Benjamin reminds us in “The Author as Producer,” is inextricably bound up with its form. Hence, it is hardly astounding that much critical attention has been focused on the proper generic classification of Harriet E. Wilson’s Our Nig . This task, though, has not been easy. Henry Louis Gates, rediscoverer and earliest critic of Our Nig, for example, goes to great length discussing parallels between Wilson’s work and Nina Baym’s ‘overplot’ of (...) the ‘women’s novel,’ before settling on reading it as a new form of distinctly African-American lit- erature that combines “conventions of the sentimental novel with certain key conventions of the slave narratives” . Elizabeth Ammons, by contrast, places Our Nig squarely in the feminist tradition of the sentimental novel and argues that “the ideal of mother love explicit in Uncle Tom’s Cabin operates implicitly in Our Nig.” 4 2 3 Contesting Ammons’ claim, Eric Gardner asserts that Our Nig is not a ‘novel of abolition’ but “a novel about Northern racial issues, a young black woman’s bildungsroman, and, as such, is far from Uncle Tom’s Cabin.” 5 Echoing some of Gardner’s points, Elizabeth Breau contends that Our Nig “is actually satiric” and therefore gives an overly “bleak picture of northern antebellum society.” Foregrounding neither Bildung nor “ironic inversions” but the “politics of rage at work in Wilson’s tale,” Julia Stern argues that Our Nig “used the sentimental form to mask a gothic message.” 7 Rejecting Gates’ attempt to posit Our Nig as “a significant beginning of an African-American literary mode, a distinctive first in a century of firsts,” John Ernest wants to read Wilson’s work as a traditional “blend of autobiography and fiction,” hoping to ‘re-place’ it “within the racial, gender, and economic matrix of secular history.” R.J. Ellis, while accepting Gates’ assessment that Our Nig “draw[s] on the genres of sentimental fiction and abolitionist slave narrative,” stresses the ways in which the ‘hybrid’ work “fractures generic boundaries” in order to provide a “full retrieval of Frado’s pain, her experience of body politics.” Lastly, offering a reading that links Our Nig to the Puritan tradition, Elizabeth West argues that Our Nig “manipulates well-known trappings of the conversion narrative” by telling “the story of the heroine’s failed initiation into the community of earthly saints.”. (shrink)

This paper defends a 'punctivist' conception of consciousness from recent attacks by Ian Phillips and Matthew Soteriou. As we intend it, 'punctivism' is the view that a subject's experience over some interval is determined by their experiential states at each instant during it. Phillips and Soteriou both offer ingenious arguments purporting to show that the punctivist is unable to make sense of motion perception; and that only by adopting an 'holistic' conception -- whereby a subject's instantaneous experiences are determined by (...) their experience over the interval -- can we make sense of the puzzles such phenomena pose. We contend that both arguments invoke dubious claims, their proffered solutions come with highly controversial commitments, and, if we take punctivism seriously, it is difficult to see why the so-called puzzles should be puzzling in the first place. A punctivist model of motion perception is proposed in response, and objections anticipated. (shrink)

BackgroundRelatives have no formal position in the practice of euthanasia and physician-assisted suicide (EAS) according to Dutch legislation. However, research shows that physicians often involve relatives in EAS decision-making. It remains unclear why physicians do (not) want to involve relatives. Therefore, we examined how many physicians in the Netherlands involve relatives in EAS decision-making and explored reasons for (not) involving relatives and what involvement entails.MethodsIn a mixed-methods study, 746 physicians (33% response rate) completed a questionnaire, and 20 were interviewed. The (...) questionnaire included two statements on relatives’ involvement in EAS decision-making. Descriptive statistics were used, and multivariable logistic regression analyses to explore characteristics associated with involving relatives. In subsequent interviews, we explored physicians’ views on involving relatives in EAS decision-making. Interviews were thematically analysed.ResultsThe majority of physicians want to know relatives’ opinions about an EAS request (80%); a smaller group also takes these opinions into account in EAS decision-making (35%). Physicians who had ever received an explicit EAS request were more likely to want to know opinions and clinical specialists and elderly care physicians were more likely to take these opinions into account. In interviews, physicians mentioned several reasons for involving relatives: e.g. to give relatives space and help them in their acceptance, to tailor support, to be able to perform EAS in harmony, and to mediate in case of conflicting views. Furthermore, physicians explained that relatives’ opinions can influence the decision-making process but cannot be a decisive factor. If relatives oppose the EAS request, physicians find the process more difficult and try to mediate between patients and relatives by investigating relatives’ objections and providing appropriate information. Reasons for not taking relatives’ opinions into account include not wanting to undermine patient autonomy and protecting relatives from a potential burdensome decision.ConclusionsAlthough physicians know that relatives have no formal role, involving relatives in EAS decision-making is common practice in the Netherlands. Physicians consider this important as relatives need to continue with their lives and may need bereavement support. Additionally, physicians want to perform EAS in harmony with everyone involved. However, relatives’ opinions are not decisive. (shrink)

A promise to do some action seems to create a binding obligation to do that action. And yet, paradoxically, an obligation seems not to be a fact that we can create or bring into existence; we can create an obligation only by creating or bringing into existence something else. The only way to avoid the paradox is to show that the act of promising creates something other than an obligation, which nonetheless binds us to perform the action in question. After (...) considering and rejecting various options such as the promisee's expectation and the promisor's resolve, Prichard locates the bindingness of a promise in a prior general promise, which allows the noises we make when promising to generate an obligation to perform the promised action. (shrink)

Prichard's concern here is whether a person's obligation depends either on features of his or her situation or on features of his or her thoughts about that situation. Related to this contrast between the objective view and the subjective view is the issue of whether an obligation is an obligation to do some action. To the latter issue, Prichard responds that an obligation is not an obligation to do something, but an obligation to set ourselves to do something; as a (...) consequence, it is necessary to modify the terms of Prichard's primary concern. This modification diminishes the force of the objective view and does nothing to eliminate the central difficulty in the subjective view, namely, that the obligation to do some action is said to depend not on the character that the action would have, but on our belief that it would have that character. The belief that some general character picks out obligations derives from the mistaken habit of regarding the terms ‘right’ and ‘wrong’ as equivalent to ‘ought’ and ‘ought not’. Having highlighted this mistake, Prichard holds that in instances where we have considered the circumstances fully, our thoughts about the situation decide whether we ought to perform a given activity. (shrink)

Maintaining that the existence of Moral Philosophy, as it is usually understood, rests on a mistake, Prichard undertakes to formulate our true attitude towards moral obligations. The right action does not depend upon either our own good or what is good. Obligations are underivative, immediate, and self‐evident, and therefore, we do not come to appreciate them through argument or a process of non‐moral thinking. The mistake on which Moral Philosophy rests, which links obligation to virtue or desire, parallels the mistake (...) underpinning the Theory of Knowledge. Like moral obligation, knowledge is immediate; it need not be vindicated or improved by additional knowledge. (shrink)

The act of exchanging one thing for another seems to involve a promise. The confidence needed to relinquish something one has on the understanding that one will receive what another has in exchange can be expressed in terms of resolve. In binding oneself, one thinks that if the other binds himself or herself to perform a given action, then he or she will do that action. In cases in which one person's action does not precede the other's, one's promise involves (...) thinking that if the other binds himself or herself, then he or she will carry out the promised action. (shrink)

Medicine; religious aspects; laws and legislations.

Anecdotes from early Islamic history; includes moral of these stories reflecting on Islamic religious life and Islamic ethics.

v. 1. Eustratius on Book I and the anonymous scholia on Books II, III, and IV. Critical ed. with an introductory study / by H. Paul F. Mercken.

Philosophical Investigations, EarlyView.

Branner, H.C. Humanismens krise.--Hansen, Martin A. Eneren og massen.