The process of territorial planning is complicated, because there are different and even opposite interest of persons related with particular territory. Administrative legal regulation of territorial planning in Lithuania underlies emergence of a legal conflict, namely the administrative litigation. Investigation of the administrative dispute applying the pre-litigation procedure allows the parties thereof to save both money and time. This article presents the problematic aspects of the pre-trial investigation of the administrative disputes arising in the area of (...) territorial planning. The article is composed of an introduction, three parts and conclusions. In the first part the characteristics of the disputes arising in the area of territorial planning, the preconditions of origin, and the demand for the pre-trial investigation thereof are analyzed. Legal regulation of pre-trial investigation out-of-court of the disputes arising in the area of territorial planning is revealed in the second part. In the third part key provisions of the reform of the pre-trial investigation out-of-court of the disputes arising in the area of territorial planning are discussed. (shrink)

The pre-trial detention of individuals charged with crimes is viewed by many legal scholars as problematic. Standard arguments against it are that it constitutes legal punishment of individuals not yet convicted of crimes, violates the presumption of innocence, and rests on dubious predictions of future crime. I defend modified and restrained forms of pre-trial detention. I argue that pre-trial detention could be made very different than imprisonment, should be governed by strict criteria, and is warranted, when the (...) evidence of danger is convincing. I contend that the presumption of innocence does not preclude us from doing many other things to criminal suspects and defendants that imply their guilt. Finally, I dispute arguments designed to show that pre-trial detention can be justified to prevent absconding or interferences with the course of justice, but not to prevent other, and sometimes much more serious, offenses. (shrink)

In the opening of the article, the author briefly assesses the existing legal regulations of criminal procedure in the Czech Republic adopted as far back as in 1961. He points out to specific imperfections, which justify the need for their recodification. The mainstay of the article is devoted to the very pre-trial proceedings, i.e. checking and investigation. The existing legal regulations are analysed, and selected application problems are mentioned in relation to the recodification under preparation.

Subjective probabilities play a significant role in the assessment of evidence: in other words, our background knowledge, or pre-trial beliefs, cannot be set aside when new evidence is being evaluated. Focusing on homeopathy, this paper investigates the nature of pre-trial beliefs in clinical trials. It asks whether pre-trial beliefs of the sort normally held only by those who are sympathetic to homeopathy can legitimately be disregarded in those trials. The paper addresses several surprisingly unsuccessful attempts to provide (...) a satisfactory justification for ignoring the pre-trial beliefs of the homeopathic community. The ensuing diagnosis of the difficulties here emphasizes that the reason the arguments for choosing the pre-trial beliefs of the conventional community seem insufficient is not the arguments per se. It is rather that there is no cogent argument for choosing the conventional stance which would at the same time rationally persuade a member of the homeopathic community. The paper concludes that, once we understand that this is the predicament, there is no genuine reason to doubt the reasoning that leads us to reject the pre-trial beliefs of the homeopathic community. (shrink)

The lie detector test has long been treated with suspicion by the law. Recently, several authors have called this suspicion into question. They argue that the lie detector test may have considerable forensic benefits, particularly if we move past the classic, false-positive prone, autonomic nervous system-based (ANS-based) control question test, to the more reliable, brain-based, concealed information test. These authors typically rely on a “comparative advantage” argument to make their case. According to this argument, we should not be so suspicious (...) of lie detection evidence if it has comparative advantages over the epistemic methods currently utilised by the legal system. In this article, I add to this growing support by making a novel comparative advantage argument in favour of brain-based lie detection evidence. The argument focuses on the P300 concealed information test (P300 CIT), which has several unique properties, and on the effect it may have on pre-trial bargaining in criminal cases rather than in-court evidence. The thesis is that P300 CIT could allow for innocent defendants to credibly signal their innocence to investigators and prosecutors during pre-trial bargaining more effectively than current proposed methods for doing the same thing. I defend this argument from a number of objections, and suggest that it opens up an interesting avenue in the ongoing debate about the merits of this technology. Although the argument is presented with the criminal law in mind, it could form part of a more general cumulative case in favour of this technology. (shrink)

Increasing ethical attention and debate is focusing on whether individuals who take part in clinical trials should be given access to post-trial care. However, the main focus of this debate has been upon drug trials undertaken in low-income settings. To broaden this debate, we report findings from interviews with individuals (n = 24) who participated in a clinical trial of a closed-loop system, which is a medical device under development for people with type 1 diabetes that automatically adjusts (...) blood glucose to help keep it within clinically recommended ranges. Individuals were recruited from UK sites and interviewed following trial close-out, at which point the closed-loop had been withdrawn. While individuals were stoical and accepting of the requirement to return the closed-loop, they also conveyed varying degrees of distress. Many described having relaxed diabetes management practices while using the closed-loop and having become deskilled as a consequence, which made reverting back to pre-trial regimens challenging. Participants also described unanticipated consequences arising from using a closed-loop. As well as deskilling, these included experiencing psychological and emotional benefits that could not be sustained after the closed-loop had been withdrawn and participants reevaluating their pre- and post-trial life in light of having used a closed-loop and now perceiving this life much more negatively. Participants also voiced frustrations about experiencing better blood glucose control using a closed-loop and then having to revert to using what they now saw as antiquated and imprecise self-management tools. We use these findings to argue that ethical debates about post-trial provisioning need to be broadened to consider potential psychological and emotional harms, and not just clinical harms, that may result from withdrawal of investigated treatments. We also suggest that individuals may benefit from information about potential nonclinical harms to help make informed decisions about trial participation. (shrink)

According to their standardized treatment within the Indian legal tradition, ordeals are supposed to occur, under certain circumstances, when one person formally accused another of some crime in a court of law. While not disputing the general accuracy of this standardized treatment of ordeals, this article argues for the widespread practice in pre-modern India of another—hitherto unrecognized—type of ordeal that fails to fit this basic scenario, for such ordeals would occur when someone was widely believed to have committed some wrongdoing, (...) but was not forced to stand trial in a formal judicial court. In order to prove his innocence and, thereby, mitigate the damage caused by his suspected guilt, such an individual could—and sometimes did—arrange for himself to undergo an ordeal at his own expense and independently of any formal plaint. After establishing the practice of ordeals of this sort in pre-modern India, this article then examines some possible explanations for their development. (shrink)

BackgroundAcrophobia is a specific phobia characterized by a severe fear of heights. The purpose of the present study was to investigate the efficacy of two therapies that may ameliorate symptoms of acrophobia and anxiety sensitivity, i.e., virtual reality exposure therapy (VRET) and eye movement desensitization and reprocessing (EMDR) therapy with a Waiting List Control Condition (WLCC).MethodsWe applied a three-armed randomized controlled pre-post-test design with 45 female adolescent students. Students who met DSM-5 criteria for acrophobia were randomly assigned to either VRET (...) (N = 15;Mage = 17.26; SD = 1.32), EMDR (N = 15;Mage = 17.15; SD = 1.57), or a WLCC (N = 15;Mage = 17.50; SD = 1.26). The study groups were evaluated one week before the intervention and one week after the last intervention session regarding symptoms of acrophobia (Severity Measure for Acrophobia) and anxiety sensitivity (Anxiety Sensitivity Index).ResultsThe data showed that both the application of VRET and EMDR therapy were associated with significantly reduced symptoms of acrophobia (d = 1.03 for VRET and d = 1.08 for EMDR) and anxiety sensitivity (d = 1.15 for VRET and d = 1.13 for EMDR) in comparison to the Waiting List.LimitationsThe sample consisted only of adolescent women. Due to the recognizable differences between the two interventions, the therapists and the participants were not blind to the conditions.ConclusionThe results suggest that both VRET and EMDR are interventions that can significantly improve symptoms of acrophobia and anxiety sensitivity in female adolescents.Clinical Trial Registrationhttps://www.irct.ir/trial/57391, identifier: IRCT20210213050343N1. (shrink)

Purpose We examine the levels of post-trial responsibility ascribed to different stakeholders, following a community-based clinical trial and how the ‘responsibility’ is understood. Methods We employed photovoice, unstructured observations and key informant interviews to gain insights into contexts of access to care following transition to the public health system post trial. We used an inductive narrative analysis to explore experiences and understandings of post-trial access. Results In their photovoice stories, many participants expressed a sense of abandonment (...) after the trial. This was viewed as a contributing factor to failing to re-engage with care available in the public health system. This led to the experiences of loss as some trial participants defaulted and died. Research investigators, department of health participants and sponsor agreed that PTA was especially important for communities in resource-limited settings. The government has an obligation towards its citizens while researchers have a responsibility to ensure a smooth transition of patients to public clinics. Sponsors have a responsibility to ensure that the trial is conducted in accordance with the protocol and post-trial agreements are in place and adhered to. Research partnerships among stakeholders were affected by power imbalances making it difficult to negotiate and plan for post-trial care responsibilities. Conclusions The research community still struggles with understanding the scope of PTA responsibilities. Power dynamics between public health actors and research sponsors need to be managed to ensure that government involvement is not tokenistic. The responsibility of trial participants and ethics committees needs to be investigated further. Data are available upon request. (shrink)

This multi-centre research investigates the effects of dance movement therapy (DMT) on participants diagnosed with depression. In total, 109 persons participated in the study in various locations in Finland. The participants were 39 years old, on average (range = 18–64 years), and most were female (96%). All participants received treatment as usual (TAU). They were randomised into DMT+TAU (n = 52) or TAU-only (n = 57). The participants in the DMT + TAU group were offered 20 DMT sessions twice a (...) week for 10 weeks in addition to standard care. The measurement points included pre-treatment measurement at the baseline, post-treatment measurement at the end of the intervention, and a follow-up measurement 3 months afterward. The observed effects of the intervention among participants in the DMT+TAU group were a greater reduction in depression (BDI-I) and in indicators of physical and psychological distress (CORE-OM and SCL-90) in comparison to the participants who received TAU-only. At the 3-month follow-up, the corrected between-group effect sizes (ES) were medium and in favour of the DMT+TAU group (d = 0.60–0.72). These results are in line with the increasing number of research studies showing the benefits of DMT intervention among participants with depression, and these results indicate that DMT may improve the effectiveness of standard care. (shrink)

Words and meanings are important categories in the history of Chinese philosophy. The so-called disputes over words and meanings explored the relationship between language and thinking. Generally speaking, these disputes originated in pre-Qin philosophy, flourished during the Wei and Jin dynasties, and declined in the Ming and Qing dynasties, leaving valuable data for philosophical investigations in the history of Chinese philosophy.

ObjectiveCo-morbid insomnia and sleep apnea is a common and debilitating condition that is more difficult to treat compared to insomnia or sleep apnea-alone. Emerging evidence suggests that cognitive behavioral therapy for insomnia is effective in patients with COMISA, however, those with more severe sleep apnea and evidence of greater objective sleep disturbance may be less responsive to CBTi. Polysomnographic sleep study data has been used to predict treatment response to CBTi in patients with insomnia-alone, but not in patients with COMISA. (...) We used randomized controlled trial data to investigate polysomnographic predictors of insomnia improvement following CBTi, versus control in participants with COMISA.MethodsOne hundred and forty five participants with insomnia and sleep apnea [apnea-hypopnea index ≥ 15] were randomized to CBTi or no-treatment control. Mixed models were used to investigate the effect of pre-treatment AHI, sleep duration, and other traditional, and novel [quantitative electroencephalography ] polysomnographic predictors of between-group changes in Insomnia Severity Index scores from pre-treatment to post-treatment.ResultsCompared to control, CBTi was associated with greater ISI improvement among participants with; higher AHI, less wake after sleep onset, and less N3 sleep. No quantitative electroencephalographic, or other traditional polysomnographic variables predicted between-group ISI change.DiscussionAmong participants with COMISA, higher OSA severity predicted a greater treatment-response to CBTi, versus control. People with COMISA should be treated with CBTi, which is effective even in the presence of severe OSA and objective sleep disturbance. (shrink)

Despite their crucial role in the translation of pre-clinical research into new clinical applications, phase 1 trials involving patients continue to prompt ethical debate. At the heart of the controversy is the question of whether risks of administering experimental drugs are therapeutically justified. We suggest that prior attempts to address this question have been muddled, in part because it cannot be answered adequately without first attending to the way labor is divided in managing risk in clinical trials. In what follows, (...) we approach the question of therapeutic justification for phase 1 trials from the viewpoint of five different stakeholders: the drug regulatory authority, the IRB, the clinical investigator, the referring physician, and the patient. Our analysis shows that the question of therapeutic justification actually raises multiple questions corresponding to the roles and responsibilities of the different stakeholders involved. By attending to these contextual differences, we provide more coherent guidance for the ethical negotiation of risk in phase 1 trials involving patients. We close by discussing the implications of our argument for various perennial controversies in phase 1 trial practice. (shrink)

The ethical pre-condition of randomised controlled trials is, at present, the presence of equipoise. This refers to an opinion of the investigator that there is uncertainty as to the merits of the treatments being compared. It is argued that since the decision to enrol is the potential subject’s, the investigator’s opinion is not ethically relevant. It is proposed instead that equipoise be patient-centred, and that a trial is in equipoise for a patient when enrolling gives them the same chance (...) of a good outcome as not enrolling. It is shown that trial enrolment is normally easily the best strategy for achieving a good outcome, and that trials currently thought to be unethical may be in patient-centred equipoise. This is so for three reasons: (1) patients in trials receive superior care, (2) trial enrolment minimises the risk of being a victim of a therapeutic disaster and (3) health professionals make mistakes, and a 50% chance of receiving the worse treatment until a trial reports is always better than any chance of receiving the worse treatment indefinitely. It is concluded that so long as the standard of professional conduct is the furtherance of patients’ objective interests randomised controlled trials are ethical. (shrink)

Existing justifications for exclusionary rules and stays of proceedings in response to pre-trial wrongdoing by police officers and prosecutors are often thought to be counter-productive or disproportionate in their consequences. This article begins to explore whether the concept of standing to blame can provide a fresh justification for such responses. It focuses on a vice related to standing—hypocrisy—and a related vice concerning inconsistent blame. It takes seriously the point that criminal justice agencies, although all part of the State, are (...) in real terms separated from each other, and analyses the so-called separation thesis (or theses). It concludes that hypocrisy and inconsistent blame arguments could plausibly justify exclusion and stays only in relation to lower-level offending, and even there only indirectly. This is in the sense that exclusion and stays are expressions of judicial frustration with other bodies for their failure to take pre-trial wrongdoing seriously. (shrink)

In 2004, the first ever multi‐sited clinical trials studied the prospect of HIV biomedical prevention (referred to as pre‐exposure prophylaxis—‘PrEP’). The trials were implemented at several international sites, but many officially closed down before they completed. At most sites, both scientists and community AIDS advocates raised concerns over the ethics and scientific rationales of the trial. Focusing on the Nigerian trial site, we detail the controversy that emerged among mostly Nigerian research scientists who scrutinized the research design and (...) protocol. While some of the disputes, especially those pertaining to community engagement mechanisms, were ultimately resolved in international fora and implemented in later PrEP trials, concerns over science rationales and assumptions were never addressed. We argue that scientific rationales should be treated as ethical concerns and suggest that such concerns should be deliberated at host sites before the trial protocol is finalized. (shrink)

BackgroundInternational guidelines recommend ethical and scientific quality standards for managing and reporting adverse events occurring during clinical trials to competent research ethics committees and regulatory authorities. The purpose of this study was to determine whether clinical trial protocols in Cameroon are developed in line with national requirements and international guidelines as far as detecting, reporting and investigating of adverse events is concerned.MethodsIt was a documentary review of all approved clinical trial protocols that were submitted at the Cameroon National (...) Ethics Committee for evaluation from 1997 through 2012. Data were extracted using a preconceived and validated grid. Protocol review process targeted the title, abstract, objectives, methodology, resources, and the chapter on safety.ResultsIn total, 106 clinical trial protocols were identified from 2173 protocols seen in the archive and 104 included for review. Seventy six trials did not include the surveillance of adverse events as part of their objective. A total of 91 protocols did not budget for adverse event surveillance, 76 did not have a data safety management board, 11 included insurance for participants, 47 did not include a case definition for serious adverse events, 33 described procedures to detect adverse events, 33 described procedure for reporting and 22 described procedure for investigating adverse events.DiscussionsMost clinical trial protocols in Cameroon are developed to focus on benefits and pay little attention to harms. The development of national guidelines can improve the surveillance of adverse events in clinical trial research conducted in Cameroon. Adverse events surveillance tools and a budget are critical for an adequate planning for adverse event surveillance when developing trial protocols.ConclusionClinical trial protocols submitted in the Cameroon National Ethics Committee do not adequately plan to assess adverse events in clinical trial protocols. In order to improve on the safety of participants and marketed drug, there is a need to develop national guidelines for clinical trials by the government, and to improve evaluation procedures and monitoring of ongoing trials by the ethics committee. (shrink)

Fluctuations in attentional state and their relation to goal neglect were examined in the current study. Participants performed a variant of the Stroop task in which attentional state ratings were given prior to each trial. It was found that pre-trial attentional state ratings predicted subsequent trial performance, such that when participants rated their current attentional state as highly focused on the current task, performance tended to be high compared to when participants reported their current attentional state as (...) being unfocused on the current task. This effect was larger for incongruent than congruent trials leading to differences in the magnitude of the Stroop effect as a function of pre-trial attentional state. Furthermore, variability in attentional state was correlated with overall levels of performance, and when attentional state was covaried out, the Stroop effect was greatly reduced. These results suggest a link between fluctuations in pre-trial attentional state and goal neglect. (shrink)

Individual differences in decisiveness: pre-decisional information search and decision strategy use We investigated whether individual differences in decisiveness are associated with a tendency to use different decision strategies during pre-decisional information search. To explore these potential links we administered the Need for Cognitive Closure questionnaire to 62 participants, followed by a probabilistic inference, multi-attribute choice task. Participants high in decisiveness dimension, compared to ‘low decisives’, spent less time and acquired less information prior to making decisions, especially in the first trials (...) of the choice task. ‘High decisives’ also had a greater tendency to use a simple Lexicographic heuristic than ‘low decisives’. The results support the view that high decisiveness is associated with greater tendency to simplify the decision process. (shrink)

Exercise may influence components of executive functioning, specifically cognitive control and action monitoring. We aimed to determine whether high level exercise improves the efficacy of cognitive control in response to differing levels of conflict. Fitter individuals were expected to demonstrate enhanced action monitoring and optimal levels of cognitive control in response to changing task demands. Participants were divided into the highly active or low-active group based on self-reported activity using the International Physical Activity Questionnaire. A modified flanker task was then (...) performed, in which the level of conflict was modulated by distance of distractors from the target and congruency of arrows. Electroencephalography was collected during 800 trials; trials were 80% congruent, 20% incongruent, 50% close, and 50% far. The error-related negativity and error positivity were extracted from the difference wave of correct and incorrect response locked epochs, the N2 from the difference wave of congruent and incongruent stimulus locked epochs and the P3 from stimulus locked epochs. The HA group showed a larger Pe amplitude compared to the low-active group. Close trials elicited a larger N2 amplitude than far trials in the HA group, but not the low-active group, the HA group also made fewer errors on far trials than on close trials. Finally, the P3 was smaller in the lowest conflict condition in the HA, but not the low-active group. These findings suggest that habitual, high levels of exercise may influence the endogenous processing involved in pre-response conflict detection and the post-error response. (shrink)

Background HIV prevention trials conducted among disadvantaged vulnerable at-risk populations in developing countries present unique ethical dilemmas. A key concern in bioethics is the validity of informed consent for trial participation obtained from research subjects in such settings. The purpose of this study was to investigate the effectiveness of a continuous informed consent process adopted during the MDP301 phase III vaginal microbicide trial in Mwanza, Tanzania. Methods A total of 1146 women at increased risk of HIV acquisition working (...) as alcohol and food vendors or in bars, restaurants, hotels and guesthouses have been recruited into the MDP301 phase III efficacy and safety trial in Mwanza. During preparations for the trial, participatory community research methods were used to develop a locally-appropriate pictorial flipchart in order to convey key messages about the trial to potential participants. Pre-recorded audio tapes were also developed to facilitate understanding and compliance with gel-use instructions. A comprehension checklist is administered by clinical staff to all participants at screening, enrolment, 12, 24, 40 and 50 week follow-up visits during the trial. To investigate women's perceptions and experiences of the trial, including how well participants internalize and retain key messages provided through a continuous informed consent process, a random sub-sample of 102 women were invited to participate in in-depth interviews conducted immediately after their 4, 24 and 52 week follow-up visits. Results 99 women completed interviews at 4-weeks, 83 at 24-weeks, and 74 at 52 weeks. In all interviews there was evidence of good comprehension and retention of key trial messages including that the gel is not currently know to be effective against HIV; that this is the key reason for conducting the trial; and that women should stop using gel in the event of pregnancy. Conclusions Providing information to trial participants in a focussed, locally-appropriate manner, using methods developed in consultation with the community, and within a continuous informed-consent framework resulted in high levels of comprehension and message retention in this setting. This approach may represent a model for researchers conducting HIV prevention trials among other vulnerable populations in resource-poor settings. Trial registration Current Controlled Trials ISRCTN64716212. (shrink)

The article analyzes one of the fundamental rights – the right to maintenance, which proper implementation ensures normal development of the child. This right matches with the duty of parents to maintain their minor children. Paragraph 6 of Article 38 of the Constitution of the Republic of Lithuania states that parents have a duty to educate their children to be honest people and loyal citizens, supporting them until adulthood. The obligation to maintain children is established in the first 3.192 Article (...) paragraph of the Civil Code of the Republic of Lithuania, and the responsibility for avoiding to maintain a child is provided in Article 164 of the Criminal Code. The article discusses the fact that the analysis of criminal law rate is not precise enough. Article 164 of the Criminal Code does not match with the child maintenance methods specified in the CC Article 3.196 paragraph 1. Since criminal liability is only for judgment in default in civil cases, a person shall only be liable for breaking the right to maintain a child, provided in the CC 3.196 paragraph 1. This article deeply analyzes the problematic qualification aspects of the avoidance to maintain a child. Some alternative ways of child maintenance are mentioned, as can be chosen from other law instruments (bailiffs, Guarantee child support fund) and it leads to the ultima ratio principle. On the other hand, it is not required to seek alternative remedies for affected interests, and it is possible to initiate a pre-trial investigation. Therefore, this article seeks to identify specific civil and criminal law rules delimitation. Avoidance of child maintenance is an ongoing crime. The main problem in legal practice is to determine an end of this ongoing criminal conduct. The practice of the Supreme Court of Lithuania is not unanimous. In some cases, the end of this ongoing conduct is considered to be a moment when the past judgment has entered into force, in other cases – the moment of indictment. These positions are criticized by many authors and it is suggested to follow the Supreme Court’s practice, according to which the moment when a judgment of conviction for the criminal act is passed should be considered as an end of an ongoing criminal conduct. (shrink)

Over the past few years, universities in Lithuania have make changes to the legal study programs—obligatory subject Criminology moved to list of alternative optional subjects. Therefore, is increasing the number of new lawyers, who have not studied criminology, which thinking about criminals, crime victims, crime, its causes and successful impact on crime, is based on stereotype understanding of a few centuries ago. However, the new lawyers, being professionals, pre-trial investigators, advocates, prosecutors, judges play a crucial role in criminal proceedings, (...) to decide the fate of people, how to use public resources for crime control and prevention. They will make speeches during the hearing in courts savour of their complete incomprehension of processes speaking about. Purpose of the article is to assess what criminological competencies are important to lawyers today, what are the possible consequences for the Lithuanian society if lawyers do not acquire these competencies. There are used the methods of analysis, aggregation, comparison and others. (shrink)

Scholars who compare common law and civil law countries have long argued that civil law legal systems such as Germany do not employ formal rules of evidence comparable to those which govern American courtrooms. Civil law systems that commit fact-finding to mixed panels of lay and professional judges are said to have less need for formal rules of evidence that withhold information from decision makers. This article challenges this widely held view. Scholars have failed to recognize that evidentiary rules can (...) restrict not only the presentation of evidence at trial but also the manner of its acquisition during the pre-trial investigation. For this reason, existing scholarship overlooks a rich source of evidentiary norms in the criminal process of civil law countries such as Germany. I argue that German regulation of police interrogation—particularly its prohibition of deceptive stratagems—plays an important role in shaping the factual record on which the legal system assesses guilt or innocence. The article identifies a number of institutional factors on which this system of pre-trial evidentiary regulation depends. (shrink)

How can dispute records shed light on the study of dispute settlement processes and their social and political underpinnings? This volume addresses this question by investigating the interplay between record-making, disputing process, and the social and political contexts of conflicts. The authors make use of exceptionally rich charter materials from the Iberian Peninsula, Italy, and Scandinavia, including different types of texts directly and indirectly related to conflicts, in order to contribute to a comparative survey of early medieval dispute records and (...) to a better understanding of the interplay between judicial and other less formal modes of conflict resolution. Contributors are Isabel Alfonso, José M. Andrade, François Bougard, Warren C. Brown, Wendy Davies, Julio Escalona, Kim Esmark, Adam J. Kosto, Juan José Larrea, André Evangelista Marques, Josep M. Salrach, Igor Santos Salazar, and Francesca Tinti. (shrink)

In medical research involving human participants, investigators follow procedures specified in the study protocol. This differs from the patient-provider relationship where individualized decisions...

This study reports on a longitudinal inquiry into professional identity construction among six novice cross-border English language teachers from mainland China, who completed their pre-service teacher education in Hong Kong (HK) and began their teaching practice in local HK schools. The findings indicate that the participants navigated obstacles in teaching by deploying their own multiple languages as a cultural and linguistic repertoire. The findings also show that the teachers experienced difficulty legitimising their professional identity in the teaching community, where contextual (...) issues and power interplays mediated the process. Furthermore, it is found that the participants? commitment to teaching was negatively influenced by their non-legitimate position in the teaching community and the discordance between their teaching beliefs and the norms and values of their workplace. This study suggests that complex inter-relationships between marginal status in and legitimate membership of the community, between historical and cultural background, present practice, and future expectations, between social discourse and personal location, are involved in the process of identity construction. Measures to legitimate these teachers? position and to transform the linguistic and cultural repertories of these teachers into valuable resources of the local schools are suggested. Implications for future research are outlined. (shrink)

Die normativen Grenzen der Wahrheitserforschung im Strafverfahren stellen die wohl komplexeste und umstrittenste Thematik des Strafverfahrensrechts dar, die nach wie vor von ungebrochener Aktualität und hoher Praxisrelevanz ist. Sie begegnet dem Staatsanwalt und Ermittlungsrichter als Frage nach dem nicht mehr zulässigen Bereich hoheitlicher Zwangsmaßnahmen und deren Folgen; dem erkennenden Richter als Diskrepanz von faktischer und legitimer Erkenntnis; dem Strafverteidiger als Chance des Ausschlusses von Mitteln des Tatnachweises und als Risiko des Verlusts entlastender Beweise; dem Gesetzgeber als taktische Frage nach dem (...) Maß der Festlegung auf verbindliche Standards der Wahrheitserforschung; der Verfassungsgerichtsbarkeit als noch legitimer Entscheidungsspielraum der Rechtsprechung und Gesetzgebung; und dem rechtsphilosophisch Interessierten als Frage nach der Bedeutung verbotenen Wissens für das Urteilen. Mit einem radikal grundlagenorientierten Ansatz plädiert der Verfasser für eine - bislang vernachlässigte - Auseinandersetzung mit den erkenntnistheoretischen Implikationen der Beweisverbotsproblematik und gelangt zu überraschenden Einsichten: in die erkenntnistheoretische Unmöglichkeit einer Ausblendung verbotenen Wissens; in die komplexitätserzeugende Wirkung juristischer Theoriebildungen; in die normative Distanz zwischen Beweis und zu Beweisendem; in die strukturellen Unzulänglichkeiten einer Abwägungslehre; in den Begründungsmangel hypothetischer Ersatzerwägungen; in das Legitimationsdefizit nicht gesetzlich geregelter Beweisverbote; in die Notwendigkeit einer funktionalen Trennung von anordendem und erkennendem Gericht etc. An dieser Auseinandersetzung wird die Beweisverbotsdiskussion nicht vorbeikommen. (shrink)

ObjectivesThe present study explores the effect of visual art training on people with dementia, utilizing a randomized control trial design, in order to investigate the effects of an 8-week visual art training program on cognition. In particular, the study examines overall cognition, delayed recall, and working memory, which show deficits in people with dementia.MethodFifty-three individuals with dementia were randomly assigned into either an art training or usual-activity waitlist control group. Overall cognition and delayed recall were assessed with the Montreal (...) Cognitive Assessment, and working memory was assessed with the Backward Digit Span task.ResultsThere were no group differences in overall cognition, or working memory, while a difference in delayed recall was undetermined, based on post-test—pre-test difference scores. Groups were comparable at baseline on all measures.ConclusionThe measures of cognition, delayed recall, and working memory used in this study were not affected by an 8-week visual art training program.Clinical Trial Registrationwww.ClinicalTrials.gov, identifier NCT03175822. (shrink)

Research over the past few decades has shown the positive influence that cognitive, social, and physical activities have on older adults’ cognitive and affective health. Especially interventions in health-related behaviors, such as cognitive activation, physical activity, social activity, nutrition, mindfulness, and creativity, have shown to be particularly beneficial. Whereas most intervention studies apply unimodal interventions, such as cognitive training, this study investigates the potential to foster cognitive and affective health factors of older adults by means of an autonomy-supportive multimodal intervention. (...) The intervention integrates everyday life recommendations for six evidence-based areas combined with psychoeducational information. This randomized controlled trial study compares the effects of a MMI and CT on those of a waiting control group on cognitive and affective factors, everyday life memory performance, and activity in everyday life. Three groups, including a total of 119 adults aged 65–86 years, attended a 5- or 10-week intervention. Specifically, one group completed a 10-week MMI, the second group completed 5-week of computer-based CT followed by a 5-week MMI, whereas the third group paused before completing the MMI for the last 5 weeks. All participants completed online surveys and cognitive tests at three test points. The findings showed an increase in the number and variability of activities in the everyday lives of all participants. Post hoc analysis on cognitive performance of MMI to CT indicate similar or better effects. Furthermore, results on far transfer variables showed interesting trends in favor of the MMI, such as increased well-being and attitude toward the aging brain. Also, the MMI group showed the biggest perceived improvements out of all groups for all self-reported personal variables. The results implicate a positive trend toward MMI on cognitive and affective factors of older adults. These tendencies show the potential of a multimodal approach compared to training a specific cognitive function. Moreover, the findings suggest that information about MMI motivates participants to increase activity variability and frequency in everyday life. Finally, the results could also have implications for the primary prevention of neurocognitive deficits and degenerative diseases. (shrink)

This paper investigates the madeleine-memory as a case of pre-reflective experience, from the genesis of its sedimentation into the body. Indeed, I aim to address the question of the literary protagonist Marcel on the roots of his happiness and the genesis of his memories. Until now, the madeleine-memory has been described as bodily and involuntary. In phenomenology, a wide literature has confirmed the relationship between the sense of body ownership and pre-reflective self-awareness. I aim to build upon such a mutual (...) link and show that the pre-reflective roots of the madeleine-memory have to be traced back to the genesis of the involuntary recollections. To this purpose, I will illustrate that the epistemological relationship between the object and the subject plays a relevant role in the way the subject remembers. First, I will present that madeleine-memory is a unique case of bodily memory, by analyzing the main features that characterize it. Secondly, I will analyze the original experience of the madeleine within the phenomenological logic of transcendence in immanence. For this aim, I will rely on the Husserlian notions of “epistemological inadequacy of perception” and “background experiences”. Through these notions, I will show that Proustian involuntary recollections are pre-reflective experiences because previously subjects have pre-reflectively experienced the content of recollections. (shrink)

This article analyzes the bioethical implications of using a control/placebo group when conducting clinical trials (CTs) investigating the treatment of periodontitis. For this, the deductive method was used, proposing the interrelation of values, and a scoping systematic review was carried out. A total of 53% of the CTs reviewed were performed in low- and middle-income (LMI) countries, and 92% used a control/placebo group as a comparison group. Although there is a gold standard for the adjunctive treatment of periodontitis, the research (...) ethics committees of most of the analyzed studies approved the use of control/placebo groups for the performance of CTs that did not explore new therapeutic alternatives. In some cases, the CT protocols were not approved by ethics committees, nor was informed consent used. In the LMI countries, a shorter period of recruitment was observed for patients who attended universities and public hospitals. Likewise, most of the CTs reviewed had public funding, a significant amount of which came from the pharmaceutical industry. Only one CT reported the low economic and educational level of its participants. Furthermore, none of the authors of the reviewed CTs declared conflicts of interest. Although the axiology of techno-science always takes into account at least the epistemic, technical and economic value systems, the hegemony of the economic values imposed by the pharmaceutical industry is evident in the performance of CTs investigating the treatment of periodontitis in LMI countries. (shrink)

In this paper we argue that the consensus around normative standards for the ethics of research in clinical trials, strongly influenced by the Declaration of Helsinki, is perceived from various quarters as too conservative and potentially restrictive of research that is seen as urgent and necessary. We examine this problem from the perspective of various challengers who argue for alternative approaches to what ought or ought not to be permitted. Key themes within this analysis will examine these claims and argue (...) they have implications for the interests of the research subject, research governance and regulation. Using our work with TREAT-NMD, the neuromuscular clinical trials network, we posit that there is a place for advancing the discourse of moral rights and moral duties in the context of research, especially from the perspective of patients and their families, and for including the politics of patient activism and empowerment. At the same time we remain vigilant to the danger that the therapeutic misconception and other serious vulnerabilities for the patient population in clinical trials, are at risk of being overlooked. (shrink)

Depressive symptoms and disorders are major public health concerns, affecting many adolescents and young adults. Despite extensive research, depression prevention programs for youth show limited effectiveness. Moreover, the maximal potential of youth psychotherapy — on which depression prevention programs are based — may have been reached. Commercial video games may offer an engaging alternative vehicle for youth to practice emotional and social skills vital to mental health. The current study investigated the potential for the commercial video game Journey to prevent (...) the exacerbation of depressive symptoms. A pre-registered randomized controlled trial tested the effectiveness of Journey as an indicated depression prevention approach compared to a control game condition and a passive control condition. Additionally, potential action mechanisms for depression prevention using video games were examined. Participants aged 15 to 20 years old with elevated depressive symptoms were given 4 weeks to play Journey or the control game, Flower. Results showed no beneficial effects of playing the commercial video game, Journey, on youth’s change in depressive symptoms above and beyond the active and passive control conditions up to 12-months after the intervention. Additionally, no action mechanisms were found specifically for Journey. Nevertheless, over the whole study, participants decreased in depressive symptoms, became less sensitive to rejection, and experienced more hope and optimism. Moreover, participants who during the study decreased in rejection sensitivity or rumination or who increased in hope and optimism or in distraction and problem solving showed the strongest decrease in depressive symptoms. Although results do not support the use of the studied commercial game as an effective indicated depression prevention strategy, our results do suggest that rejection sensitivity, hope, optimism, rumination, distraction, and problem solving are promising targets for future depression prevention efforts. We conclude with important lessons for future research on games to promote mental health. Particularly, encouraging careful consideration of research designs to explore for whom and how potential action mechanisms and associated game mechanics may be effective. (shrink)

Abilities such as peripheral reaction are of special importance in soccer. Whether these abilities can be improved by sport-specific on-field interventions remains unclear. The aim of the present controlled trial was to investigate the effect of a soccer-specific perceptual-cognitive on-field training on peripheral reaction of highly talented soccer players aged 12 to 13 years. N = 38 male elite athletes from young talent centers were allocated to an intervention (n = 19) and a control group (n = 19). Computer-based (...) peripheral perception tests were conducted pre- and post-intervention. Combining a sport-specific and a juggling task, the intervention was performed once a week (8 weeks, 20 min. per week) in addition to team training. The control group exclusively underwent usual team training. Analyzes show significant differences between the two groups for Peripheral Reaction Time, with significant improvements for the intervention group and none for the control group. Furthermore, results indicate that improvements in peripheral reaction might be due to changes in the reaction time of right-footed players. Future studies should be conducted to clarify the effect of sport-specific on-field training approaches on peripheral reaction time. These analyzes should consider the influence of lateralization on effectivity of perceptual-cognitive on-field training approaches. (shrink)

On pp. 55–58 of Philosophical Problems of Statistical Inference, I argue that in light of unsatisfactory after-trial properties of “best” Neyman-Pearson confidence intervals, we can strengthen a traditional criticism of the orthodox N-P theory. The criticism is that, once particular data become available, we see that the pre-trial concern for tests of maximum power may then misrepresent the conclusion of such a test. Specifically, I offer a statistical example where there exists a Uniformly Most Powerful test, a test (...) of highest N-P credentials, which generates a system of “best” confidence intervals with exact confidence coefficients. But the [CIλ] intervals have the unsatisfactory feature that, for a recognizable set of outcomes, the interval estimates cover all parameter values consistent with the data, at strictly less than 100% confidence. (shrink)

This paper investigates the _madeleine_-memory (so-called from Proust's novel _In Search of Lost Time_) as a case of pre-reflective experience, from the genesis of its sedimentation into the body. Indeed, I aim to address the question of the literary protagonist Marcel on the roots of his happiness and the genesis of his memories. Until now, the _madeleine_-memory has been described as bodily and involuntary. In phenomenology, a wide literature has confirmed the relationship between the sense of body ownership and pre-reflective (...) self-awareness. I aim to build upon such a mutual link and show that the pre-reflective roots of the _madeleine_-memory have to be traced back to the genesis of the involuntary recollections. To this purpose, I will illustrate that the epistemological relationship between the object and the subject plays a relevant role in the way the subject remembers. First, I will present that _madeleine_-memory is a unique case of bodily memory, by analyzing the main features that characterize it. Secondly, I will analyze the original experience of the _madeleine_ within the phenomenological logic of _transcendence in immanence_. For this aim, I will rely on the Husserlian notions of “epistemological inadequacy of perception” and “background experiences”. Through these notions, I will show that Proustian involuntary recollections are pre-reflective experiences because previously subjects have pre-reflectively experienced the content of recollections. (shrink)

The comparative method, closely identified with Darwinian evolutionary biology, also has a long pre-Darwinian history. The method derives its scientific power from its ability to interpret comparative observations with reference to a theory of relatedness among the entities being compared. Such scientifically powerful strong comparison is distinguished from weak comparison, which lacks such theoretical grounding. This paper examines the history of the strong comparison permitted by the comparative method from the early modern period to the threshold of the Darwinian revolution (...) in the mid nineteenth century. It interprets the work of early pioneers such as Belon, Willis, Perrault, and Tyson from this methodological perspective, rather than focusing on their particular anatomical findings. Although these early writers made formative scientific contributions through their comparative investigations, the more theoretically grounded application of the comparative method by Geoffroy, Cuvier, and Owen was instrumental in laying the foundation for its later incorporation into Darwinian evolutionary theory. (shrink)

In this study, it was examined whether the Professional Ethics and Legal Issues course given at the undergraduate level contributes to the professional ethical competencies of the counselor candidates. The study group of the research consists of 63 senior guidance and psychological counseling students who took the “Professional Ethics and Legal Issues” course at a university located in the Central Black Sea Region of Turkey. Students participating in the study, 46 (73%) were female and 17 (27%) were male. Descriptive statistics (...) were used while analyzing the data of the research. In addition, the internal consistency coefficient of the pre-test and post-test applications of the data collection tool used in the research was calculated. In the study, whether there was a significant difference between the pre-test and post-test scores after the application was analyzed with the dependent groups t-test. In addition, the _Cohen d_ effect size coefficient was calculated to determine the effect sizes of the results obtained after the pre-test and post-test. Psychological Counseling Professional Ethical Competencies Evaluation Questionnaire (PCPECEQ) developed by the researcher was used as data collection tool. As a result of the analysis, it was revealed that the professional ethics and legal problems course has a significant effect on the ethical competencies of the counselor candidates. This result reveals that the professional ethics course taken at the undergraduate level is an important course in terms of professional ethics competencies of counselor candidates. Considering that one of the important reasons for the ethical dilemmas of counselors working in the field is their lack of professional ethics, a professional ethics course to be given correctly at the undergraduate level will help counselor candidates to cope with possible ethical problems more effectively. (shrink)

The Opera of the National Theater in Belgrade was founded in 1920, but it is well known that opera performances were held long before its official opening. Despite the fact that this is the sole opera house in Belgrade, as well as the fact that it did not face any strong audience fluctuation, it is unusual that no one ever tried to investigate and profile its audience. During the last decades we were witnessing the popularization of the opera via various (...) medias, as well as development and extention of the music industry, which surely changed its social status. The aim of the investigation that is going to be presented is to discover if this social life of opera changed its audience and does it still consists of - according to stereotypes - elderly, high educated individuals of certain professions and high material standards, i.e. at which level the opera is present in the private and public sphere of their lives. Opera Narodnog pozorista u Beogradu osnovana je 1920. godine, ali je poznato da su operske predstave izvodjene i pre njenog zvanicnog osnivanja. Iako u radu nije nailazila na vecu fluktuaciju publike, a i dalje predstavlja jedinu opersku kucu u Beogradu, do sada nije bilo pokusaja da se naucno istrazi i profilise njena publika. Poslednjih decenija svedoci smo sve vece popularizacije operske muzike putem razlicitih medija, te razvijanjem i sirenjem muzicke industrije, sto dovodi i do promene njenog socijalnog statusa. Cilj ovog dela istrazivanja jeste da sazna da li je izmenjeni socijalni zivot opere izmenio i njenu publiku, da li nju - prema ustaljenim shvatanjima - i dalje pretezno cine visokoobrazovani, stariji pojedinci odredjenih zanimanja i visokog materijalnog standarda, odnosno koliko je opera zaista prisutna u privatnoj i javnoj sferi njihovih zivota. (shrink)

Over the past decade AIDS research has turned toward the use of pharmacology in HIV prevention, including pre-exposure prophylaxis (PrEP): the use of HIV medication as a means of preventing HIV acquisition in those who do not have it. This paper explores the contradictory reasons offered in support of PrEP—to empower women, to provide another risk-reduction option for gay men—as the context for understanding the social meaning of the experimental trials that appear to show that PrEP works in gay men (...) and heterosexual couples but not single women. The PrEP debates reveal the different ideas about “demedicalization” in the earlier gay health and women’s health movements and highlight the relationship between health activism and critique of research ethics in the context of a global pharmaceutical market. (shrink)

This article analyzes the bioethical implications of using a control/placebo group when conducting clinical trials (CTs) investigating the treatment of periodontitis. For this, the deductive method was used, proposing the interrelation of values, and a scoping systematic review was carried out. A total of 53% of the CTs reviewed were performed in low- and middle-income (LMI) countries, and 92% used a control/placebo group as a comparison group. Although there is a gold standard for the adjunctive treatment of periodontitis, the research (...) ethics committees of most of the analyzed studies approved the use of control/placebo groups for the performance of CTs that did not explore new therapeutic alternatives. In some cases, the CT protocols were not approved by ethics committees, nor was informed consent used. In the LMI countries, a shorter period of recruitment was observed for patients who attended universities and public hospitals. Likewise, most of the CTs reviewed had public funding, a significant amount of which came from the pharmaceutical industry. Only one CT reported the low economic and educational level of its participants. Furthermore, none of the authors of the reviewed CTs declared conflicts of interest. Although the axiology of techno-science always takes into account at least the epistemic, technical and economic value systems, the hegemony of the economic values imposed by the pharmaceutical industry is evident in the performance of CTs investigating the treatment of periodontitis in LMI countries. (shrink)