The question of detention of asylum seekers is specific due to the special situation of detainees (persons who have experienced human rights violations and apply for asylum in receiving country) and due to peculiarities of detention itself (persons have not committed crimes, but come or stay illegally because they have been forced to do so by fleeing from human rights violations). Therefore, lately it raises many discussions at the European level. Sooner or later, discussions influence national laws, as (...) after adopting the EU directives their provisions must be properly transposed into national laws. This article describes the recent documents: the study in Lithuania, the UNHCR guidelines, the EU developments, the Lithuania judicial practice. The authors of the article discuss the latest amendments of the Law on the Legal Status of Aliens (entering into force on 1 February 2012) related to detention of asylum seekers after the transposition of the provisions of the Return Directive. The practice of the Supreme Administrative Court of Lithuania when applying the new detention-related provisions is also reviewed in the article. The authors do not agree with the position of the Supreme Administrative Court of Lithuania that the provisions of the Return Directive are applicable to asylum seekers. The authors pay attention to the case-law of the European Court of Justice, the preamble of the Return Directive and its legal relations with the EU asylum directives. At the end, the conclusions are drawn as to the way that the provisions of the Law on the Legal Status of Aliens should be interpreted in the light of the purposes and provisions of the European Union directives. In order to avoid contradictory practice and at the same time ensure the interests of public order in Lithuania, Article 113(7) of the Law on the Legal Status of Aliens could be applied. (shrink)

Starting from 2009, national courts of the EU Member States for the first time gained a “real” right to request the EU Court of Justice for preliminary rulings in asylum matters. First judgments of this Court demonstrate equivocal tendencies: some are blaming the Court for incompetence in asylum matters, others believe that the adoption of authoritative decisions at the European level will assist in developing consistent practice of applying asylum law in the European Union, something that failed (...) at international level due to absence of a single authoritative body to provide guidance on interpretation and application of the 1951 Refugee Convention. Considering that the judgments of the EU Court are part of the EU law, the Member States should develop their national asylum law with due regard being taken to those judgments. By the beginning of 2012, the Court has issued eight judgments on the interpretation of various problematic issues of EU asylum law. This Article analyses the jurisprudence of the EU Court in asylum cases, related to the granting of refugee status and subsidiary protection. It also provides a critical evaluation of those judgments. The main objective of the Article is to familiarise the relevant Lithuanian institutions and lawyers with the first judgments of the EU Court in asylum cases and encourage discussions concerning the application of rules established by the Court in the Lithuanian context. Due to limited size, this Article presents the analysis of two EU Court judgments adopted on interpretation of the 2004 Qualification Directive: Elgafaji v. The Netherlands (2009) dealing with granting of subsidiary protection, and Abdulla and others v. Bundesrepublik Deutschland (2010), dealing with cessation of refugee status. The value of those judgments first of all lies in the guidance they provided to the Member States on such concepts as: protection in a situation of an armed conflict, agents of protection, effectiveness of protection; as well as determination of a relationship between refugee status and subsidiary protection, relationship of the Qualification Directive with the European Convention on Human Rights and Fundamental Freedoms (ECHR), also cessation of protection. Elgafaji decision, while quite liberal with regard to persons seeking international protection, is not so liberally applied in the Member States’ practice and does not in itself guarantee positive outcome of the application of a concrete individual fleeing from an armed conflict, or a liberal approach to granting subsidiary protection in the Member States. Based on Elgafaji judgment it is clear that: Art. 15(b) of the Qualification Directive correspond to Art. 3 ECHR, while Art. 15(c) provides additional protection and in that it expands the Member States’ obligations beyond the ECHR to provide protection to persons fleeing in situations of armed conflict. While not every person arriving from an armed conflict situation would automatically fall under the granting of subsidiary protection, in certain exceptional situations indiscriminate violence may amount to individual threat without invoking personal circumstances. The EU Court departed from the individualisation requirement applied by the European Court of Human Rights in Art. 3 cases and did not also rely on international humanitarian law, by introducing a “sliding scale” formula for establishing an individual threat in armed conflict situation instead. This formula addressed the alleged internal discrepancy between “individual threat” and “indiscriminate violence”. The Abdulla decision brought in the human rights and law enforcement perspectives to the interpretation of cessation clauses, however it represents a rather superficial approach in the context of the analysed concepts (e.g. towards effectiveness of protection provided by the multinational armed forces) and is likely to be incompatible with the latest legislative trends in the EU asylum instruments (e.g. determination of refugee status and subsidiary protection by means of a single procedure) and the recent jurisprudence under the ECHR (e.g. failure to ensure a minimum standard of living may violate the ECHR). (shrink)

The 1951 Convention Relating to the Status of Refugees and the 1967 Protocol Relating to the Status of Refugees embody fundamental provisions of refugee law. However, since the adoption of these documents the world has changed dramatically and the laws are not developing fast enough in order to catch up with dynamically changing contemporary situations. The application and interpretation of definition of a refugee was developed through traditional practice of Western states, which was influenced by two world wars (...) and the Cold War, when refugees from Africa or Asia were uncommon. The Qualification Directive specifically aims at ensuring that the member states apply common qualification criteria for persons who need international protection in line with the 1951 Convention Relating to the Status of Refugees. The author supports the statement that the Qualification Directive in principle aims at bringing back under the definition of refugee those, who have been left outside of its scope during the last decades as a result of the restrictive interpretation and application of the definition of refugee. (shrink)

In this paper, we shall present a generalization of phrase structure grammar, in which all functional categories have type restrictions, that is, their argument types are specific domains. In ordinary phrase structure grammar, there is just one universal domain of individuals. The grammar does not make a distinction between verbs and adjectives in terms of domains of applicability. Consequently, it fails to distinguish between sentences like every line intersects every line, which is well typed, and every line intersects every point, (...) which is ill typed.Our generalization relates to ordinary phrase structure grammar in the same way as the higherlevel constructive type theory of Martin-Löf relates to the simple type theory of Church . Simple type theory has been used in linguistics and related with phrase structure grammar, especially in the tradition based on the work of Montague .Our definition of the grammar will be more formal than Montague's in the sense that we shall use a formal metalanguage, that of constructive type theory, for defining both the object language and its interpretation. The grammar, both syntax and semantics, is thus readily implementable in the type-theoretical proof system ALF . Inside type theory, a distinction can be made between the object language and the model, in other words, between syntactic and semantic types. It will turn out that the object language cannot be defined independently of the model, as in ordinary Tarski semantics. This is a direct consequence of introducing the typing restrictions.The grammar presented here can be seen as a formal linguistic elaboration of the work presented in Ranta 1991 and 1994. The organization of generative grammar as categorial grammar followed by sugaring should now look more familiar to the linguist, as the grammatical formalism on which sugaring operates is no longer full type theory but a set of phrase structure trees. (shrink)

Process metaphysics (process philosophy) has been suggested as a route, to a more ‘processbased’ approach to organizational studies, as opposed to a ‘substance-based’ view said to be dominant in Western thinking — including most contemporary organizational researchers. This paper explores some of the ideas of early-twentieth-century process thinkers and provides an interpretation of some of the major works of Alfred N. Whitehead. The objective is to evaluate its possible relevance to modern organizational research. The paper argues that Whitehead’s radical (...) ontology — that was based on a generalization of quantum theory in physics — appears largely to have been refuted or disregarded by succeeding process philosophers. Furthermore, his epistemology is found to represent a process view on scientific knowledge creation taken for granted by most contemporary researchers. For different reasons, major elements of his theories do not appear to be directly relevant to efforts to advance organizational theory into more radical process-based theories. On the other hand, the paper argues that the early-twentieth-century process thinkers — including Whitehead — offer a plurality of analytical conceptions that may serve as useful and inspirational contributions to further development of methods and perspectives to investigate into organizations, change and innovation processes. There are also particular approaches within the domain that have properties quite similar to some of those conceptions in process philosophy — like ‘sensemaking processes’ as represented by Karl Weick and others, which may in particular benefit from exploring the area of process philosophy. (shrink)

In this article, we critically examine some of the ethical challenges and interpretive difficulties with possible future non-clinical applications of pediatric fMRI with a particular focus on applications in the classroom and the courtroom - two domains in which children come directly in contact with the state. We begin with a general overview of anticipated clinical and non-clinical applications of pediatric fMRI. This is followed by a detailed analysis of a range of ethical challenges and interpretive difficulties that trouble the (...) use of fMRI and are likely to be especially acute with non-clinical uses of the technology. We conclude that knowledge of these challenges and difficulties should influence policy decisions regarding the non-clinical uses of fMRI. Our aim is to encourage the development of future policies prescribing the responsible use of this neuroimaging technology as it develops both within and outside the clinical setting. (shrink)

The modal-Hamiltonian interpretation belongs to the modal family of interpretations of quantum mechanics. By endowing the Hamiltonian with the role of selecting the subset of the definite-valued observables of the system, it accounts for ideal and non-ideal measurements, and also supplies a criterion to distinguish between reliable and non-reliable measurements in the non-ideal case. It can be reformulated in an explicitly invariant form, in terms of the Casimir operators of the Galilean group, and the compatibility of the MHI with (...) the theory of decoherence has been proved. Nevertheless, perhaps its main advantage in the eyes of a scientist is given by its several applications to well-known physical situations, leading to results compatible with experimental evidence. The purpose of this paper is to add a new application to the list: the case of optical isomerism, which is a central issue for the philosophy of physics and of chemistry since it points to the core of the problem of the relationship between physics and chemistry. Here it will be shown that the MHI supplies a direct and physically natural solution to the problem, a solution that does not require putting classical assumptions in “by hand.”. (shrink)

Internal protection alternative (further—IPA) as the element of refugee definition is interpreted very differently in the practice of the State Parties to the 1951 Convention and the 1967 Protocol relating to the Status of Refugees (further—Geneva Convention). Thus it is important to regulate this concept clearly in the EC directive 2004/83/EB (further—Qualification directive) and its coming amendments. The definition of the IPA concept does not contain adequate criteria for assessing the level and effectiveness of protection required, in line with the (...) Geneva Convention and the ECHR, thus allowing Member States to reject claims and return applicants to their country of origin despite the lack of effective protection. Moreover, this concept is defined in a broad and vague manner which creates a risk of diverse recognition practices. (shrink)

Research carried out in Lithuania shows that the system of expert bodies has already prepared for change. Such opinion is supported by the Lithuanian Government working group meeting concerning the improvement of experts’ performance. In our opinion, Lithuania should ensure strategic, integrated multi-level forensic analysis, rational and potential use of material by not only dealing with a variety of forensic issues, but also by the interpretation of criminal investigation and prevention on scientific, methodological, didactic and organisational levels. The article (...) presents the concept of research that is accomplishing in scientific project ‘Special scientific knowledge of the investigation of crime: the concept and its realisation mechanism” and first intermediary results of the research. The purpose of the project is to formulate the scientific concept and realisation of special knowledge in the investigation of crimes and administrative offences in the direction of legal system reform. (shrink)

This book provides a survey of the major issues in the philosophy of mathematics, such as ontological questions regarding the nature of mathematical objects, epistemic questions about the acquisition of mathematical knowledge, and the intriguing riddle of the applicability of mathematics to the physical world. Some of these issues go back to the nascent years of mathematics itself, others are just beginning to draw the attention of scholars. In addressing these questions, some of the papers in this volume wrestle with (...) them directly, while others use the writings of philosophers such as Hume and Wittgenstein to approach their problems by way of interpretation and critique. The contributors include prominent philosophers of science and mathematics as well as promising younger scholars. The volume seeks to share the concerns of philosophers of mathematics with a wider audience and will be of interest to historians, mathematicians and philosophers alike. (shrink)

Asylum seekers who claim asylum in the United Kingdom flee from a diverse range of threats of persecution, particularly in the MENA (Middle East & North African) region. These threats may comprise of war, tribal violence and trafficking to honour-killings, female genital mutilation and witchcraft. Some of these threats may be alien to Western immigration tribunals as they either do not occur in their respective countries or are not understood, particularly because of the intricate religious and cultural nature (...) of the threat in question. For example, a single woman who has had sexual relations outside of marriage would be regarded as having insulted tribal and familial honour in some regions of MENA countries. Here, the word ‘tribe’, which in Arabic is _‘qabilah’_, has a distinct historical, cultural and lexical meaning that lawyers, judges and policy-makers may not be aware of; the same may be said of _‘nikah’_ (marriage) or _‘Voodoo’_ (a type of witchcraft) and many other terminologies. These terminologies are intimately linked to the experiences of immigration applicants and asylum seekers who desire to express their fear of persecution to lawyers, judges and policymakers. Using two real-life case studies involving a Yemeni immigration applicant and Nigerian asylum seeker respectively and my practitioner experience as a country expert having written 140 reports, I will critically explore the value of a primary, semiotic understanding of key religious, cultural and linguistic dimensions in asylum claims (as opposed to secondary source evidence). I argue that the UK’s immigration tribunal system should place more value on how language is embodied within the MENA regions. I do not wish to just highlight this issue but semiotically analyse immigration and asylum procedure, the arguments of the Home Office and tribunals in accepting or rejecting claims and suggest substantive reform by broadening the nature of evidence. Using Peirce’s framework of semiotics, a sign (representamen) is the fundamental entry point to comprehend an object—an object being the referent of a sign. Once we understand a sign and its object, we arrive at the interpretant which is the sense or meaning derived from the object. This triad relationship of sign, object and interpretant constitutes semiois. Here, I argue that analysing the nature of a sign and what it purports to represent can provide us with a theoretical basis by which to reformulate the mechanisms which judges and lawyers use to understand religious, cultural and linguistic evidence in asylum claims. It is through signs that we can arrive at a deeper meaning and the larger picture of the intricate components of an asylum seeker’s claim thereby accessing their semiotic code. (shrink)

Even though the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) does not explicitly address the rights of asylum seekers and refugees, the case law of the European Human Rights Court (ECtHR) confirms that their rights can be successfully defended under this mechanism. In parallel, in its evolving jurisprudence on asylum the Court of Justice of the European Union (CJEU) refers to the Strasbourg case law, where there is a certain interrelationship between these two jurisdictions, (...) in particular given the recent ECtHR pronouncement on “EU Dublin transfers”. The article aims at evaluating protection available for asylum seekers and refugees under the ECHR, while comparing it with protection of asylum relevant fundamental rights under the EU legal order and the most recent jurisprudence of the CJEU in asylum cases. The authors also analyze which of the two systems is more favourable and what are their limitations. Thus, the article offers to students and practitioners a detailed analysis of ECtHR and CJEU jurisprudence in asylum cases through a comparative perspective, as well as the key problematic aspects arising in both jurisdictions and their junction. The jurisprudence of the ECtHR reveals that despite the most developed protection from expulsion under Article 3 of the ECHR, it does not sufficiently secure status for the concerned persons. Effective remedy requirements under the ECHR allow for filling the gaps of national asylum procedures, while recognition of vulnerability and special status of asylum seekers by the ECtHR assist in addressing still commonly prevailing detention problems of asylum seekers in Europe. In the context of family protection, the recognition of positive obligations by states to reunite the refugee families is still rudimentary, thus, clearly Article 3 protection in expulsion cases takes over Article 8. At the same time, the jurisprudence of the CJEU in asylum cases is still inconsistent, as the court sometimes takes decisions without including human rights into its’ analysis (Kadzoev, Arslan, K.), while in other cases refers to the Charter (MA and others), verifies if its’ own decision is in line with the ECtHR jurisprudence (Elgafaji) or shapes secondary legislation in line with Strasbourg arguments and findings (N.S.). Quite likely, the ECtHR practice will have an important influence on the developments of subsidiary protection in the EU, at least in the context of Articles 2 and 3 of the ECHR, and serve as an important reference for interpretation of various concepts under the EU Qualification and Procedures Directives. The comparative analysis of pros and cons of the two mechanisms demonstrates that the main advantage of the ECtHR is individual justice possibility, which is not yet accessible under CJEU preliminary judgement procedure and its input in developing asylum law concepts, such as non-state agents of persecution, internal protection or even subsidiary protection regime under EU asylum law. Thanks to the ECtHR, the realistic possibility to question the application of certain EU norms has emerged (Dublin Regulation). While the ECtHR does not have such a specific competence over asylum issues as the CJEU and is clearly a slow and seriously overburdened mechanism, the pilot judgement procedure seems to be increasingly capable of providing guidelines to the states concerning systematic problems in their asylum procedures. Thus, both jurisdictions in their own ways contribute to strengthening asylum seekers’ protection while forming a common oasis for these individuals in Europe. (shrink)

There are two interpretations of what it means for a singular term to be referentially direct, one truth-conditional and the other cognitive. It has been argued that on the former interpretation, both proper names and indexicals refer directly, whereas on the latter only proper names are directly referential. However, these interpretations in fact apply to the same singular terms. This paper argues that, if conceived in purely normative terms, the linguistic meaning of indexicals can no longer be held to (...) make these terms referentially indirect under the second interpretation. This result is then generalized to proper names, by ascribing them a normative meaning as well. (shrink)

Remote sensing image simulation is a very effective method to verify the feasibility of sensor devices for ground observation. The key to remote sensing image application is that simultaneous interpreting of remote sensing images can make use of the different characteristics of different data, eliminate the redundancy and contradiction between different sensors, and improve the timeliness and reliability of remote sensing information extraction. The hotspots and difficulties in this direction are based on remote sensing image simulation of 3D scenes (...) on the ground. Therefore, constructing the 3D scene model on the ground rapidly and accurately is the focus of current research. Because different scenes have different radiation characteristics, therefore, when using MATLAB to write a program generated by 3D scenes, 3D scenes must be saved as different text files according to different scene types, and then extension program of the scene is written to solve the defect that the calculation efficiency is not ideal due to the huge amount of data. This paper uses POV ray photon reverse tracking software to simulate the imaging process of remote sensing sensors, coordinate transformation is used to convert a triangle text file to POV ray readable information and input the RGB value of the base color based on the colorimetry principle, and the final 3D scene is visualized. This paper analyzes the thermal radiation characteristics of the scene and proves the rationality of the scene simulation. The experimental results show that introducing the chroma in the visualization of the scene model makes the whole scene have not only fidelity, but also radiation characteristics in shape and color. This is indispensable in existing 3D modeling and visualization studies. Compared with the complex radiation transmission method, using the multiple angle two-dimensional image generated by POV rays to analyze the radiation characteristics of the scene, the result is intuitive and easy to understand. (shrink)

The notion of a critical successor [5] in relational semantics has been central to most classic modal completeness proofs in interpretability logics. In this paper we shall work with a more general notion, that of an assuring successor. This will enable more concisely formulated completeness proofs, both with respect to ordinary and generalised Veltman semantics. Due to their interesting theoretical properties, we will devote some space to the study of a particular kind of assuring labels, the so‐called full labels and (...) maximal labels. After a general treatment of assuringness, we shall apply it to obtain a completeness result for the modal logic w.r.t. generalised semantics for a restricted class of frames. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy, Psychiatry, & Psychology 9.4 (2002) 353-358 [Access article in PDF] The Application of Nondual Epistemology to Anomalous Experience in Psychosis Caroline Brett THE COMMENTARIES PROVIDED by Marzanski and Bratton, and McGhee have drawn my attention to several ways in which my analysis could benefit from clarification or supplementation, and the range of the specific phenomena to which it can be applied. Since writing this paper nearly 3 (...) years ago, my own views of the area have developed, and in some aspects, shifted; nevertheless, within this response I shall comment on the specific aspects of the original paper that I feel may have been misunderstood or overlooked by the commentators, and those aspects that benefit from the broader perspective they provided.To clarify the direction of the original paper: I would describe it as an attempt to make a deeper examination of processes involved in some kinds of anomalous experience than is provided by the "cognitive problem-solving model"; in other words, to supplement rather than challenge or undermine this perspective. Moreover, the focus is intended to be more on identifying the point at which the experience, or the response to the experience (more on the relation between these two below) becomes pathological, than on cleanly distinguishing a psychotic state from a mystical one. However, because I do use these terms contrastively throughout the paper, I concede that these aims become blurred and may in fact be indistinguishable.Third, the paper concerns only a relatively narrow arena of both mystical and psychotic phenomenology, selected for the purpose of a tight conceptual analysis and comparability, and possibly suffers a lack of generalizability or scope of application as a result. Most notably, I leave aside the paranoid or persecutory interpretative framework often seen as paradigmatic of the psychotic state (although a brief mention of how emotionally relevant themes may arise out of anomalous cognition is included), focussing instead on the more "Schneiderian" aspects of psychotic phenomenology, in which there is a self-observed alteration of normal experience. 1 It may be an important point of contrast that I do not specifically focus on "hallucinations, voices, and visions" as described by McGhee and, to an extent, Jackson and Fulford. It may also be worth [End Page 353] flagging up the fact that I do not focus on "delusional beliefs" at all, instead choosing to focus on the "delusional mood," which notably does not involve crystallized delusions as such. As a result, the main aim is not to compare two descriptively defined states of mind, as seems to be suggested by McGhee in his commentary, but rather to see to what extent a certain form of experience can be understood within a particular epistemological structure, and the implications of this.Further to this issue, Marzanski and Bratton raise an objection to a view in which a common core of mystical experience is posited; one which could be identified interculturally and independently of "the language and tradition in which the self is formed." They make an important point that the perspective gained by applying the epistemology of Zen Buddhism or Advaita Vedanta may have no authority in helping to understand the locus of pathology in anomalous experiences that have occurred in an individual who is not established in these cultures or traditions or for a person who does not accept these epistemologies in the first place. The issue of the existence of some core mystical experiences that are translated into religious experiences in different cultures is a matter of comparative religion and theology, and outside the scope of this paper (although my own opinion is that such a core exists). In the absence of any argument to support this opinion, it must be conceded that this may severely limit the applicability of my analysis, especially if irreconcilable differences are thought to exist between the epistemologies of, for example, theistic and monistic philosophies. However, I would suggest that whatever wisdom can be gleaned from the various spiritual doctrines in existence around the world with regard to unusual and/or distressing states of mind should be absorbed where... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Convention for Protection of Human Rights and Dignity of the Human Being with Regard to the Application of Biology and Biomedicine: Convention on Human Rights and BiomedicineCouncil of EuropePreambleThe Member States of the Council of Europe, the other States and the European Community signatories hereto,Bearing in mind the Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations on 10 December 1948;Bearing in mind (...) the Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950;Bearing in mind the European Social Charter of 18 October 1961;Bearing in mind the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights of 16 December 1966;Bearing in mind the Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data of 28 January 1981;Bearing also in mind the Convention on the Rights of the Child of 20 November 1989;Considering that the aim of the Council of Europe is the achievement of a greater unity between its members and that one of the methods by which that aim is to be pursued is the maintenance and further realisation of human rights and fundamental freedoms;Conscious of the accelerating developments in biology and medicine;Convinced of the need to respect the human being both as an individual and as a member of the human species and recognising the importance of ensuring the dignity of the human being; [End Page 277]Conscious that the misuse of biology and medicine may lead to acts endangering human dignity;Affirming that progress in biology and medicine should be used for the benefit of present and future generations;Stressing the need for international co-operation so that all humanity may enjoy the benefits of biology and medicine;Recognising the importance of promoting a public debate on the questions posed by the application of biology and medicine and the responses to be given thereto;Wishing to remind all members of society of their rights and responsibilities;Taking account of the work of the Parliamentary Assembly in this field, including Recommendation 1160 (1991) on the preparation of a Convention on bioethics;Resolving to take such measures as are necessary to safeguard human dignity and the fundamental rights and freedoms of the individual with regard to the application of biology and medicine;Have agreed as follows:Chapter IGeneral provisionsArticle 1. (Purpose and object)Parties to this Convention shall protect the dignity and identity of all human beings and guarantee everyone, without discrimination, respect for their integrity and other rights and fundamental freedoms with regard to the application of biology and medicine.Each Party shall take in its internal law the necessary measures to give effect to the provisions of this Convention.Article 2. (Primacy of the human being)The interests and welfare of the human being shall prevail over the sole interest of society or science.Article 3. (Equitable access to health care)Parties, taking into account health needs and available resources, shall take appropriate measures with a view to providing, within their jurisdiction, equitable access to health care of appropriate quality. [End Page 278]Article 4. (Professional standards)Any intervention in the health field, including research, must be carried out in accordance with relevant professional obligations and standards.Chapter IIConsentArticle 5. (General rule)An intervention in the health field may only be carried out after the person concerned has given free and informed consent to it.This person shall beforehand be given appropriate information as to the purpose and nature of the intervention as well as on its consequences and risks.The person concerned may freely withdraw consent at any time.Article 6. (Protection of persons not able to consent)1. Subject to Articles 17 and 20 below, an intervention may only be carried out on a person who does not have the capacity to consent, for his or her direct benefit.2. Where, according to law, a minor does not have the capacity to consent to an intervention, the intervention may only be carried out with the authorisation of his or her representative or an authority or a person or... (shrink)

Non-symmetric relations like loves or between can apply to the same relata in non-equivalent ways. For example, loves may apply to Abelard and Eloise either by Abelard’s loving Eloise or by Eloise’s loving Abelard. On the standard account of relations, different applications of a relation to fixed relata are distinguished by the direction in which the relation applies to the relata. But neither Directionalism nor its most popular rival, Positionalism, offer accounts of differential application that generalize to relations of (...) arbitrary symmetry structure. Here, I develop an alternative account, Relative Positionalism, which distinguishes different applications of a relation to fixed relata in terms of the ways in which the relata are characterized relative to one another. In presenting and defending Relative Positionalism, this paper covers some of the same ground as my [2016], but avoids the latter’s algebraic approach and focuses on interpretative issues—in particular, how to make sense of relative property instantiation—that were not addressed in the earlier paper. (shrink)

In this commentary, I critique three aspects of Emily Walsh's proposal to reduce the moral and legal weight of advance directives: (1) the ambiguity of its initial thesis, (2) its views about the ethics and legality of clinical practice, and (3) its interpretation and application of Ronald Dworkin’s account of advance directives and L.A. Paul's view on transformative experience. I also consider what Walsh’s proposal would mean for people facing the prospect of dementia. I conclude that (...) our reasons to honor many advance directives survive the move to a transformative experience framework. (shrink)

The field of hate crime research addresses the presence, sources and impact of particular types of expressions of prejudice, often perceived as particularly damaging and hurtful forms of interpersonal abuse and violence. Little, if any, credible academic research seeks to vindicate the specific racist, gendered and other vicious prejudices articulated by many perpetrators of hate crime. In turn, this raises the reflexive question of the possibilities of researchers themselves ever being able to adopt a truly "unprejudiced" approach to the presence (...) of such damaging prejudices. Can this goal be realised without a researcher necessarily losing an experientially-grounded understanding of what these meanings, values and purposes have come to mean, and how they are themselves interpretatively re-constituted anew, including within the lived experience of victims, witnesses, police, prosecutors, judges and victim support workers? A possible philosophically-informed approach to the dilemmas posed by this topic is offered by Husserl's phenomenology. Husserl's perpetually unfinished philosophical methodology strives, with concerted if sometimes tragic reflective rigor, to "suspend," "bracket out" and "neutralise" those core presuppositions constitutive of the research field that typically pre-judge precisely whatever demands to be questioned and explored in a radically non-prejudicial manner. This study critically explores the possibilities, reflective stages and theoretical limitations of a sympathetically reconstructed Husserlian approach to hate crime, itself understood as a would-be qualitative "science of consciousness." It argues that despite its manifest tensions, gaps, ambiguities and internal contradictions, aspects of the Husserlian philosophical approach directed towards the different levels of experienced hate crime still retain the potential to both challenge and advance our understanding of this topic. It is the "instructive" part of "instructive failure" that this article highlights. (shrink)

In the hard determinism of Newtonian physics all aspects of the universe are deterministic and therefore all future behavior in the universe is determined by its present state. Hard determinism is incompatible with the existence of free will, but not with the belief in the existence of free will. It is analyzed what is required from physics for free will to exist. It is detailed which conditions must be fulfilled for randomness to be suficient for the existence of free will, (...) and it is argued that these conditions are valid in our physical universe. The approach to physics that is used is Zurek's information-based interpretation of measurement in quantum mechanics, called quantum existentialism. Zurek's approach is capable of describing the boundary between quantum physics and Newtonian physics in great detail. Belief in hard determinism increases the chances of feeling hopeless, and thus a direct consequence of the belief in hard determinism is a reduction of emotional well-being. The results obtained imply that the belief in the existence of free will is compatible with observed reality. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Interpretation of Plato's Parmenides: Zeno s Paradox and the Theory of Forms R. E. ALLEN PLATO'S Parmenides is divided into three main parts, of uneven length, and distinguished from each other both by their subject matter and their speakers. In the first and briefest part (127d-130a), Socrates offers the Theory of Forms in solution of a problem raised by Zeno. In the second (130a-135d), Parmenides levels a (...) series of objections against Socrates' theory, objections putatively meant as refutation. Then, after an interlude to explain an unfamiliar method of dialectic (135d-137c), that method is applied in the third part by Parmenides, with the help of the young Aristoteles (137c-166c). This final part forms more than two-thirds of the whole. I propose here to examine the first part of the dialogue, the interchange between Zeno and Socrates, and to examine it with special attention to the bearing which questions of dialectical structure and dramatic characterization may have upon its interpretation. It is perhaps here proper to indicate the general view of the dialogue which this discussion will help serve to recommend. Briefly, it is this. The Parmenides is a sustained examination of Plato's Theory of Forms, and the manner of examination is Socratic: the student is presented, not with a body of conclusions, but with a series of arguments whose implications he is left to think through for himself. When he has done so, he will realize that the Theory of Forms is proof against the objections here brought against it: the Parmenides provides no direct support for the thesis, currently popular, that Plato in later life ceased to believe that Forms exist. But though sound as far as it goes, the Theory of Forms does not go far enough: the Parmenides demonstrates that there is a range of problems, bound up with the application of unrestricted predicates, which Forms do not solve but are prey to. A broader theory is required, though a theory which may well contain the Theory of Forms as a part. The Parmenides, whose purpose is critical, leaves unanswered the question of what that theory may be. Zeno's Paradox and the Theoryof Forms (127d-130a) It is Zeno who begins the dialectic of the Parmenides,and fittingly, he begins it with a paradox. If there are many things, the same things must be both [143] 144 HISTORY OF PHILOSOPHY like and unlike. But this is impossible: unlike things cannot be like, nor like things unlike. Therefore, there cannot be many things (127e). Socrates' reply begins with a solution, and ends with a challenge. There exists, alone by itself, a Form of Likeness, and also a Form of its opposite, Unlikeness. The things we call 'many' are both like and unlike; but in this they differ from the Forms in which they partake. For things which are just alike (abr& r& 6uoLa)1 cannot be unlike, nor things just unlike alike. But it is no more surprising that the same things should partake both in Likeness and Unlikeness than it is that a thing should be both one and many by partaking in both Unity and Plurality. Still, Unity itself is not many, nor Plurality one. And so with other Forms: Socrates would be filled with wonder if someone could show that Likeness and Unlikeness, Unity and Plurality, Rest and Motion, and the other Forms, can be combined with (~v'rK~p&vvwOaO and separated from (SLaKotp~0a,) each other. Forms cannot be qualified by their opposite. 2 Socrates' denial is a conjunction. Several translators, including Cornford and Taylor, have rendered ~v3,~p&vvvaOa~ ~as &aKps as though it were a disjunction, 'combined or separated'. The reason for this was no doubt stylistic; but the Greek means, not 'or' but 'and', and logically, the difference is important. Zeno and Parmenides are challenged to prove, not one of two alternatives, but both together. This conclusion rests on more than a Kas In the Sophist, knowing how to separate (&a~ps 253e 3) according to kinds is equivalent to distinguishing (&a~m~a0a~ 253d 1) according to kinds, and both are equivalent to not believing that the same Form is different or a different Form the same (253d 1... (shrink)

The article presents possible applications of Paul Ricoeur’s theory in interpretation of legal texts and legally relevant human action. One should notice that Paul Ricoeur developed a comprehensive interpretation theory of two seemingly distant phenomena: literary texts and human action. When interrelating these issues, it becomes possible, on the basis of Ricoeur’s work, to construct a unified theory of the interpretation of legal texts and of legally relevant human action. What is provided by this theory for jurisprudence (...) is the possibility of formulating a comprehensive theory of application of law, well established in the ontology of the recipient of the legal text. It should be emphasised that the resulting benefits, outlined in the article become particularly noticeable when set against the background of the methodological weaknesses of legal positivism, concerning both the interpretation of law and a syllogistic model of its application. (shrink)

Thanks to Axel Honneth, recognition theory has become a prominent fixture of critical social theory. In recent years, he has deployed his recognition theory in diagnosing pathologies and injustices that afflict institutional practices. Some of these institutional practices revolve around specifically juridical institutions, such as human rights and democratic citizenship, that directly impact the lives of the most desperate migrants. Hence it is worthwhile asking what recognition theory can add to a critical theory of migration. In this paper, I argue (...) that, although its contribution to a critical theory of migration is limited, it nonetheless carves out a unique body of ethical insights related to diagnosing the interpretative and epistemic pathologies and injustices associated with the legal processing of migrants’ claims for asylum. Going beyond discourse ethics, which mainly highlights procedural violations of legislative and judicial deliberation, it trains our gaze on the institutional biases that lead migrants to be misrecognized or under-recognized as credible witnesses to their own refugee status. (shrink)

I discuss Watsuji’s characterization of aidagara or “betweenness”. First, I develop a phenomenological reading of aidagara. I argue that the notion can help illuminate aspects of our embodied subjectivity and its interrelation with the world and others. Along the way, I also indicate how the notion can be fruitfully supplemented by different sources of empirical research. Second, I put aidagara to work in the context of psychopathology. I show how disruptions of aidagara in schizophrenia not only affirm the foundational role (...) it plays in organizing our experience of self and world in everyday life. Additionally, I suggest the notion can, in this context of application, potentially enhance our understanding of and empathy for those living with schizophrenic disorders. (shrink)

This article proposes an explanation of the way information about time is conveyed in Navajo.1 We assume that all sentences have a temporal interpretation, direct or indirect. We have two main purposes in this article. The first is to discuss temporal interpretation in this Athabaskan language. The Navajo temporal system, which is varied, has not yet been described in detail. Further, the language allows sentences without explicit temporal information. In such sentences temporal interpretation is indirect - arrived (...) at by inference. We outline the principles underlying the default inferences. Our second purpose is to show that a few general principles of temporal interpretation, which hold for some other languages, apply very nicely to Navajo. The principles include semantic rules for 1 interpreting explicit expressions about time, and pragmatic principles for inferring temporal location indirectly. The applicability of these principles to Navajo is a satisfying though unsurprising result; but it is worth working out explicitly. The temporal system of Navajo offers a future verb inflection, temporal particles, and temporal adverbs. Although a well-formed sentence need not have any of these forms, speakers consistently agree on temporal interpretation. To account for these facts, we must consider sentences with and without direct temporal information. In this article we propose semantic and pragmatic principles that account for both types of cases. The temporal interpretation of all sentences is deictically based. For sentences without direct temporal forms, aspectual information allows the inference of temporal location. We propose three general pragmatic principles to account for this, which we call temporal interpretation: the Deictic Principle, the Bounded Event Constraint, and a Simplicity Principle. The key factor in temporal inference is boundedness, direct or inferred. To arrive at the inference of boundedness we use the Temporal Schema Principle, a special case of the simplicity principle.. (shrink)

This is a set of three volumes containing edited versions of papers and commentaries presented in invited symposium sessions of the Eighth World Congress of the Econometric Society. The papers summarize and interpret recent key developments and discuss future directions in a wide range of topics in economics and econometrics. The papers cover both theory and applications. Written by leading specialists in their fields, these volumes provide a unique survey of progress in the discipline.

This is the first of three volumes containing edited versions of papers and commentaries presented in invited symposium sessions of the Eighth World Congress of the Econometric Society. The papers summarize and interpret recent key developments and discuss future directions in a wide range of topics in economics and econometrics. The papers cover both theory and applications. Written by leading specialists in their fields these volumes provide a unique survey of progress in the discipline.

This is the second of three volumes containing edited versions of papers and commentaries presented in invited symposium sessions of the Eighth World Congress of the Econometric Society. The papers summarize and interpret key developments and discuss future directions in a wide range of topics in economics and econometrics. The papers cover both theory and applications. Written by leading specialists in their fields, these volumes provide a unique survey of progress in the discipline.

This is the third of three volumes containing edited versions of papers and commentaries presented in invited symposium sessions of the Eighth World Congress of the Econometric Society. The papers summarize and interpret recent developments and discuss future directions in a wide range of topics in economics and econometrics. The papers cover both theory and applications. Written by leading specialists in their fields, these volumes provide a unique survey of progress in the discipline.

Oligonucleotide‐directed, site‐specific mutagenesis is being applied to the problem of ion‐gradient driven active transport with the lac permease as a model system. It has been shown that Arg‐302, His‐322 and Glu‐325, neighboring residues in putative transmembrane helices IX and X, play an important role in lactose‐coupled H+ translocation, possibly as components of a catalytic triad similar to that found in the serine proteases. In addition, Cys residues, long thought to be involved in the mechanism of the permease, are not directly (...) involved in either substrate binding or H+ translocation. Finally, a variety of mutations have no effect on permease activity indicating that single amino acid changes do not lead indiscriminately to long‐range conformational alterations. (shrink)

Since the first chapter of this book presents an intro duction to the present state of game-theoretical semantics (GTS), there is no point in giving a briefer survey here. Instead, it may be helpful to indicate what this volume attempts to do. The first chapter gives a short intro duction to GTS and a survey of what is has accomplished. Chapter 2 puts the enterprise of GTS into new philo sophical perspective by relating its basic ideas to Kant's phi losophy (...) of mathematics, space, and time. Chapters 3-6 are samples of GTS's accomplishments in understanding different kinds of semantical phenomena, mostly in natural languages. Beyond presenting results, some of these chapters also have other aims. Chapter 3 relates GTS to an interesting line of logical and foundational studies - the so-called functional interpretations - while chapter 4 leads to certain important methodological theses. Chapter 7 marks an application of GTS in a more philo sophical direction by criticizing the Frege-Russell thesis that words like "is" are multiply ambiguous. This leads in turn to a criticism of recent logical languages (logical notation), which since Frege have been based on the ambi guity thesis, and also to certain methodological sug gestions. In chapter 8, GTS is shown to have important implications for our understanding of Aristotle's doctrine of categories, while chapter 9 continues my earlier criticism of Chomsky's generative approach to linguistic theorizing. (shrink)

ability to understand the ongoing dynamic of the research process. This contrasts with the research team, which often spends little ...

This three volume set contains papers presented at the Seventh World Congress of the Econometric Society. The first volume contains three papers presented at the Seventh World Congress of the Econometric Society which summarize and interpret key recent developments and discuss current and future directions in a wide range of topics in economics and econometrics. They cover both theory and applications. Authored by leading specialists in their fields, these volumes provide a unique survey of progress in the discipline. The second (...) volume comprising three papers which examine the latest developments in economic theory, applied economics and econometrics presented at the Seventh World Congress of the Econometric Society in Tokyo in August 1995. The topics were carefully selected to represent the most active fields in the discipline over the past five years. Written by the leading authorities in their fields, each paper provides a unique survey of the current state of knowledge in economics. Designed to make the material accessible to a general audience of economists, these volumes should be helpful to anyone with a good undergraduate training in economics who wishes to follow new ideas and tendencies in the subject. The third of three volumes contains papers presented at the Seventh World Congress of the Econometric Society. The papers summarize and interpret key recent developments and discuss current and future directions in a wide range of topics in economics and econometrics. They cover both theory and applications. Authored by leading specialists in their fields, these volumes provide a unique survey of progress in the discipline. (shrink)

Originally published in 1915 as part of a series of handbooks for teachers, this book addresses the teaching of classics, particularly Latin and ancient Greek, in a schooling system which has grown to see the subject as largely irrelevant. Jones argues that studying ancient languages is best done through the 'direct method' of instruction, with an emphasis on composition in the original languages and study of the classical cultures. This book will be of value to anyone with an interest in (...) the history of education, classical education in particular. (shrink)

I discuss the formal implementation, interpretation, and justification of likelihood attributions in cosmology. I show that likelihood arguments in cosmology suffer from significant conceptual and formal problems that undermine their applicability in this context.

ABSTRACTIn recent years, with Europe witnessing its worst refugee crisis since the Second World War, the process of applying for asylum in a foreign country has become the focus of numerous studies and research programs. The aim of the present article is to explore the subject through a case study of the issues and complexities surrounding the interpreting and translation services offered by the Spanish Asylum and Refugee Office. The data is based on two surveys: the first focused (...) on the professionals’ views of the role of translators and interpreters, and the second on translators and interpreters working in the field of international protection. The findings obtained from these studies may prove useful for improving the various interpreting and translation training programs and services that are crucial for managing the refugee crisis and the multiple problems associated with it. (shrink)

We draw on Short’s work on Peirce’s theory of signs to propose a new general definition of interpretation. Short argues that Peirce’s semiotics rests on his naturalised teleology. Our proposal extends Short’s work by modifying his definition of interpretation so as to make it more generally applicable to putatively interpretative processes in biological systems. We use our definition as the basis of an account of different kinds of misinterpretation and we discuss some questions raised by the definition by (...) reference to parallel problems in the field of teleosemantics. We propose that interpretative responses fulfilling the criteria of our definition may be made by relatively simple molecular entities and we suggest two specific empirical applications of the definition to experimental work in the field of origin of life research. Our wider aim is to suggest that a well formulated naturalistic definition of interpretation will allow a re-evaluation of the role of semiotic phenomena in biological systems, including the generation of empirically testable hypotheses. (shrink)

"A collection of essays examining Immanuel Kant's lectures and minor writings as well as his political essays.

Higher order unification is a way of combining information (or equivalently, solving equations) expressed as terms of a typed higher order logic. A suitably restricted form of the notion has been used as a simple and perspicuous basis for the resolution of the meaning of elliptical expressions and for the interpretation of some non-compositional types of comparative construction also involving ellipsis. This paper explores another area of application for this concept in the interpretation of sentences containing intonationally (...) marked focus, or various semantic constructs which are sensitive to focus.Similarities and differences between this approach, and theories using alternative semantics, structured meanings, or flexible categorial grammars, are described. The paper argues that the higher order unification approach offers descriptive advantages over these alternatives, as well as the practical advantage of being capable of fairly direct computational implementation. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Interpretation of Plato's Parmenides: Zeno s Paradox and the Theory of Forms R. E. ALLEN PLATO'S Parmenides is divided into three main parts, of uneven length, and distinguished from each other both by their subject matter and their speakers. In the first and briefest part (127d-130a), Socrates offers the Theory of Forms in solution of a problem raised by Zeno. In the second (130a-135d), Parmenides levels a (...) series of objections against Socrates' theory, objections putatively meant as refutation. Then, after an interlude to explain an unfamiliar method of dialectic (135d-137c), that method is applied in the third part by Parmenides, with the help of the young Aristoteles (137c-166c). This final part forms more than two-thirds of the whole. I propose here to examine the first part of the dialogue, the interchange between Zeno and Socrates, and to examine it with special attention to the bearing which questions of dialectical structure and dramatic characterization may have upon its interpretation. It is perhaps here proper to indicate the general view of the dialogue which this discussion will help serve to recommend. Briefly, it is this. The Parmenides is a sustained examination of Plato's Theory of Forms, and the manner of examination is Socratic: the student is presented, not with a body of conclusions, but with a series of arguments whose implications he is left to think through for himself. When he has done so, he will realize that the Theory of Forms is proof against the objections here brought against it: the Parmenides provides no direct support for the thesis, currently popular, that Plato in later life ceased to believe that Forms exist. But though sound as far as it goes, the Theory of Forms does not go far enough: the Parmenides demonstrates that there is a range of problems, bound up with the application of unrestricted predicates, which Forms do not solve but are prey to. A broader theory is required, though a theory which may well contain the Theory of Forms as a part. The Parmenides, whose purpose is critical, leaves unanswered the question of what that theory may be. Zeno's Paradox and the Theoryof Forms (127d-130a) It is Zeno who begins the dialectic of the Parmenides,and fittingly, he begins it with a paradox. If there are many things, the same things must be both [143] 144 HISTORY OF PHILOSOPHY like and unlike. But this is impossible: unlike things cannot be like, nor like things unlike. Therefore, there cannot be many things (127e). Socrates' reply begins with a solution, and ends with a challenge. There exists, alone by itself, a Form of Likeness, and also a Form of its opposite, Unlikeness. The things we call 'many' are both like and unlike; but in this they differ from the Forms in which they partake. For things which are just alike (abr& r& 6uoLa)1 cannot be unlike, nor things just unlike alike. But it is no more surprising that the same things should partake both in Likeness and Unlikeness than it is that a thing should be both one and many by partaking in both Unity and Plurality. Still, Unity itself is not many, nor Plurality one. And so with other Forms: Socrates would be filled with wonder if someone could show that Likeness and Unlikeness, Unity and Plurality, Rest and Motion, and the other Forms, can be combined with (~v'rK~p&vvwOaO and separated from (SLaKotp~0a,) each other. Forms cannot be qualified by their opposite. 2 Socrates' denial is a conjunction. Several translators, including Cornford and Taylor, have rendered ~v3,~p&vvvaOa~ ~as &aKps as though it were a disjunction, 'combined or separated'. The reason for this was no doubt stylistic; but the Greek means, not 'or' but 'and', and logically, the difference is important. Zeno and Parmenides are challenged to prove, not one of two alternatives, but both together. This conclusion rests on more than a Kas In the Sophist, knowing how to separate (&a~ps 253e 3) according to kinds is equivalent to distinguishing (&a~m~a0a~ 253d 1) according to kinds, and both are equivalent to not believing that the same Form is different or a different Form the same (253d 1... (shrink)

The informative purpose of the research study is to describe the Applications of modern dance and creation in Chinese dance from dialectical materialist philosophy. This research study was conducted in china to measure Chinese and modern dance from materialist philosophy. Research based on primary data analysis for gathering the data developed almost 10 to 12 questions related to the variables. The Chinese dancers, department of Chinese dancers, film industries, etc., are all research study participants. For measuring, the research study used (...) smart PLS software, and run results included composite reliability, segmentations, smart PLS Algorithm, indicator correlations, and signification analysis related to the modern dance creation performance in China and the effect of dialectical materialist philosophy. Overall, the research found a positive and significant application of modern dance and creation from dialectical materialist philosophy. Modern dance and creation have a direct influence on dialectical materialist philosophy. (shrink)

. As a discipline, semiotics has gained recognition in many fields. Cultural background plays an important part in the field of the visual art. Given the rich cultural context of the pictorial hybridization Chinese-European in the early Qing dynasty, the pictorial works can be used in studying semiotics. This article addresses a discourse on some semiotic reflections in painting. It focuses on the application of the theory of the semiotic scientist Charles Peirce that has proven to be suitable for (...) analyzing pictorial works. The model chosen as a subject for investigation is a painting in ink on silk titled “Portrait of Qianlong’s Consort with Yongyan as a Child,” painted using Western techniques in the eighteenth century. The analysis of the portrait offers an appropriate basis to develop some semiotic reflections on this work of art by contributing to aesthetic and artistic awareness. Semiotic structures were employed to develop an understanding of the pictorial forms by turning each element into a tool of communication. The semiotic reading of this work is concerned with the visual art education and sensorial message of the painting. (shrink)

The principle of proportionality is used in many different contexts. Some of these uses and contexts are first briefly indicated. This paper focusses on the use of this principle as a moral principle. I argue that under certain conditions the principle of proportionality is helpful as a guide in decision-making. But it needs to be clarified and to be used with some flexibility as a context-dependent principle. Several interpretations of the principle are distinguished, using three conditions as a starting point: (...) importance of objective, relevance of means, and most favourable option. The principle is then tested against an example, which suggests that a fourth condition, focusing on non-excessiveness, needs to be added. I will distinguish between three main interpretations of the principle, some primarily with uses in research ethics, others with uses in other areas of bioethics, for instance in comparisons of therapeutic means and ends. The relations between the principle of proportionality and the precautionary principle are explored in the following section. It is concluded that the principles are different and may even clash. In the next section the principle of proportionality is applied to some medical examples drawn from research ethics and bioethics. In concluding, the status of the principle of proportionality as a moral principle is discussed. What has been achieved so far and what remains to be done is finally summarized. (shrink)

More and more these days it is asked whether aesthetics is still possible. A question that, given the context and phrasing, seems to direct us towards its answer. Conferences and meetings, books and journal specials examine the issue of aesthetics, talk about rediscovery or return of aesthetics. Well known philosophers and aestheticians underscore the need to reconsider the foundations of aesthetics and set new directions for aesthetics today (Berleant, 2004) or attempt to expand aesthetics beyond aesthetics–like Welsch, for example who (...) tries to extend aesthetics beyond art to society and the life-world (Welsch, 1997). Others underline the need to revisit the aesthetic experience (Shusterman, 1999; Iseminger, 2002, Fenner, 1996) and examine the relevance or irrelevance of the aesthetic with art (Carroll, 2001). It seems that it is strongly recommended to turn to aesthetics on the condition however to carefully re-approach the meaning and import of the term in the present situation. The aesthetic that Passmore condemned as “dreary”(Passmore, 1954), the one Sparshott considered a formless conception, vague and loose in application (Sparshott, 1982), the same that Danto emphatically argues that has nothing to do with the definition of art or arts in general (Danto, 1981) returns to claim its rightful place in the fields of philosophy and critical theory (Levine, 1994, Michaud, 1999), as well as artistic creation. And one cannot but wonder: what does this return mean? What was the degree of aesthetics decline that we need to discuss about recovery or for new implementations of aesthetics? (shrink)

United States federal regulations for pediatric research with no prospect of direct benefit restrict institutional review board (IRB) approval to procedures presenting: 1) no more than "minimal risk" (§ 45CFR46.404); or 2) no more than a "minor increase over minimal risk" if the research is commensurate with the subjects' previous or expected experiences and intended to gain vitally important information about the child's disorder or condition (§ 45CFR46.406) (DHHS 2001). During the 25 years since their adoption, these regulations have helped (...) IRBs balance subject protections with the pursuit of scientific knowledge to advance children's welfare. At the same time, inconsistency in IRB application of these regulations to pediatric protocols has been widespread, in part because of the ambiguity of the regulatory language. During the past decade, three federally-charged committees have addressed these ambiguities: 1) the National Human Research Protections Advisory Committee (NHRPAC) (Washington, DC), 2) the Institute of Medicine (IOM) Committee on the Ethical Conduct of Clinical Research Involving Children (Washington, DC); and 3) the United States Department of Health and Human Services Secretary's Advisory Committee for Human Research Protections (SACHRP) (Washington, DC). The committees have reached similar conclusions on interpretation of language within regulations § § 45CFR46.404 and 406; these conclusions are remarkably consistent with recent international recommendations and those of the original National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research (1977) report from which current regulations are based. Drawing on the committees' public reports, this article identifies the ethical issues posed by ambiguities in regulatory language, summarizes the committees' deliberations, and calls for a national consensus on recommended criteria. (shrink)