This chapter contains sections titled: Categorical Prescriptiveness Uniformity as a Moral Matter Uniformity Contrasted with Neutrality The Overridingness of Moral Principles.

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)

This note deals with the prepositional uniformity principlep-UP: p x N A (p, x) x N p A (p, x) ( species of all propositions) in intuitionistic mathematics.p-UP is implied by WC and KS. But there are interestingp-UP-cases which require weak KS resp. WC only. UP for number species follows fromp-UP by extended bar-induction (ranging over propositions) and suitable weak continuity. As corollaries we have the disjunction property and the existential definability w.r.t. concrete objects. Other consequences are: there is no (...) non-trivial countable partition of;id is the only injective function from to; there are no many-place injective prepositional functions; card () is incomparable with the cardinality of all metric spaces containing at least three elements. (shrink)

Barbara Fried takes the view that uniform taxation—that is, a single rate applicable to all income levels—cannot be defended on any grounds of justice. She goes further by saying that, of all possible rate structures, it might be “the hardest one”? to ground in “a”? theory of fairness. Using the contractarian-constitutional perspective advanced by John Rawls and James Buchanan, this article argues that tax uniformity can be seen as a requirement of justice. After modelling how the political world realistically (...) decides to distribute tax shares (self-interested parties act under a majority constraint), I show how the uniformity principle could emerge from the constitutional contract. In other words, rational individuals would choose uniformity as a procedural constraint under a “veil of uncertainty”?; that is, with limited knowledge regarding their positions under the future application of the rule. Moreover, I elucidate how the uniformity requirement integrates generalized criteria of fairness and efficiency into fiscal politics as it precludes fiscal exploitation and constrains majorities, and their most influential subgroups, to opt for policies in the direction of the Pareto frontier, and as such promotes outcomes acceptable to all participants. (shrink)

In [U. Kohlenbach, Some logical metatheorems with applications in functional analysis, Trans. Amer. Math. Soc. 357 89–128], the second author obtained metatheorems for the extraction of effective bounds from classical, prima facie non-constructive proofs in functional analysis. These metatheorems for the first time cover general classes of structures like arbitrary metric, hyperbolic, CAT and normed linear spaces and guarantee the independence of the bounds from parameters ranging over metrically bounded spaces. Recently ]), the authors obtained generalizations of these metatheorems which (...) allow one to prove similar uniformities even for unbounded spaces as long as certain local boundedness conditions are satisfied. The use of classical logic imposes some severe restrictions on the formulas and proofs for which the extraction can be carried out. In this paper we consider similar metatheorems for semi-intuitionistic proofs, i.e. proofs in an intuitionistic setting enriched with certain non-constructive principles. Contrary to the classical case, there are practically no restrictions on the logical complexity of theorems for which bounds can be extracted. Again, our metatheorems guarantee very general uniformities, even in cases where the existence of uniform bounds is not obtainable by straightforward functional analytic means. Already in the purely intuitionistic case, where the existence of effective bounds is implicit, the metatheorems allow one to derive uniformities that may not be obvious at all from a given constructive proof. Finally, we illustrate our main metatheorem by an example from metric fixed point theory. (shrink)

It is consistent that for many cardinals λ there is a family of at least λ + unbounded subsets of λ which have uniformization properties. In particular if it is consistent that a supercompact cardinal exists, then it is consistent that ℵ ω has such a family. We have applications to point set topology, Whitehead groups and reconstructing separable abelian p-groups from their socles.

We have two polynomial time results for the uniform word problem for a quasivariety Q: The uniform word problem for Q can be solved in polynomial time iff one can find a certain congruence on finite partial algebras in polynomial time. Let Q* be the relational class determined by Q. If any universal Horn class between the universal closure S and the weak embedding closure S̄ of Q* is finitely axiomatizable then the uniform word problem for Q (...) is solvable in polynomial time. This covers Skolem's 1920 solution to the uniform word problem for lattices and Evans' 1953 applications of the weak embeddability property for finite partial V algebras. (shrink)

This article presents a Kuyperian critique of ideological uniformity and political integralism in Europe and Indonesia. The background of Kuyper’s articulation of the principle of sphere sovereignty was his struggle with the liberals, the French Revolution, and the German idea and application of state sovereignty. Kuyper struggled with the liberals because he rejected ideological uniformity. He struggled with the ideals of the French Revolution because he rejected popular sovereignty and, later on, political integralism. Kuyper’s rejection of ideological uniformity and political (...) integralism resulted in the articulation of the principle of sphere sovereignty. Such uniformity and integralism also characterized Suharto’s leadership in twentieth-century Indonesia, especially his doctrine of Pancasila as the only basis for the state and civil society and his ideology of the integralist state of Indonesia. I criticize those doctrines from the perspective of Kuyper’s principle of sphere sovereignty. (shrink)

This paper explores the possibility of a standard legal language (e.g. English) for a principled evolution of law in line with technological development. In doing so, reference is made to blockchain networks and smart contracts to emphasise the discontinuity with the liberal legal tradition when it comes to decentralisation and binary code language. Methodologically, the argument is built on the underlying relation between law, semiotics and new forms of media adding to natural language; namely: code and symbols. In what follows, (...) I will concentrate on the study of factors that explain why such approach can be fruitful for the future of law and innovation. I have three reasons for selecting this topic. The first is a more pragmatic reason, based on my current research of law as a linguistic phenomenon. Secondly, the topic does also touch the matter on binary code language, rivalrous to legal alphabetic language. Lastly, the study aims at emphasizing the pivotal role of the jurist as an interpreter in a changing society accommodating diverging realms of reality. The study is structured as follows. Firstly, a quick exam of the traits of blockchain networks would provide the contextual link to establish the arguments in support of the need of a standard legal language. Secondly, a comparison between liberal legal institutions and theory of semiotics is set to perceive their functioning and ascertain their limits in the light of todays unprecedented changes. Thirdly, a summary on blockchain networks’ legal features would constitute the thrust behind the idea of a uniform legal language. Methodologically, the argument does also establish some relations with classical laws of physics and philosophy of media. Its aim is to demonstrate how the suggested legal interpretation and semiotic-based approach can contribute to overcome existing stumbling blocks including, but not limited to, the lack of cooperation at the international level as well as the gap in State norms when it comes to innovation. In this sense, the proposed strategies do not intend to replace current advances in the legal thought. In contrast, it seeks to harmonise their results providing a methodical approach that can concur to inform a new technique to address new controversial issues. In practice, the proposed method regarding the adoption of a uniform legal language would lower transactive costs in terms of normative coordination in the matter of international cooperation and in the definition of applicable law among different legal systems. Alternatively, it might contribute to the convergence of legal systems and/or their underlying concepts. Differently put, article’s contribution can be envisaged in fostering juridical consistency with regards to different forms of languages’ coexistence. (shrink)

In the constructive theory of uniform spaces there occurs a technique of proof in which the application of a weak form of the law of excluded middle is circumvented by purely analytic means. The essence of this proof—technique is extracted and then applied in several different situations.

The goal of this short paper is to show that esthetic adjectives—exemplified by “beautiful” and “elegant”—do not pattern stably on a range of linguistic diagnostics that have been used to taxonomize the gradability properties of adjectives. We argue that a plausible explanation for this puzzling data involves distinguishing two properties of gradable adjectives that have been frequently conflated: whether an adjective’s applicability is sensitive to a comparison class, and whether an adjective’s applicability is context-dependent.

Advance health care directives and informed consent remain the cornerstones of patients' right to self-determination regarding medical care and preferences at the end-of-life. However, the effectiveness and clinical applicability of advance health care directives to decision-making on the use of life support systems at the end-of-life is questionable. The Uniform Anatomical Gift Act (UAGA) has been revised in 2006 to permit the use of life support systems at or near death for the purpose of maximizing procurement opportunities of (...) organs medically suitable for transplantation. Some states have enacted the Revised UAGA (2006) and a few of those have included amendments while attempting to preserve the uniformity of the revised Act. Other states have introduced the Revised UAGA (2006) for legislation and remaining states are likely to follow soon. (shrink)

In the constructive theory of uniform spaces there occurs a technique of proof in which the application of a weak form of the law of excluded middle is circumvented by purely analytic means. The essence of this proof-technique is extracted and then applied in several different situations.

We show that when certain statements are provable in subsystems of constructive analysis using intuitionistic predicate calculus, related sequential statements are provable in weak classical subsystems. In particular, if a $\Pi^1_2$ sentence of a certain form is provable using E-HA ${}^\omega$ along with the axiom of choice and an independence of premise principle, the sequential form of the statement is provable in the classical system RCA. We obtain this and similar results using applications of modified realizability and the Dialectica interpretation. (...) These results allow us to use techniques of classical reverse mathematics to demonstrate the unprovability of several mathematical principles in subsystems of constructive analysis. (shrink)

Along the line of Hirst‐Mummert and Dorais, we analyze the relationship between the classical provability of uniform versions Uni(S) of Π2‐statements S with respect to higher order reverse mathematics and the intuitionistic provability of S. Our main theorem states that (in particular) for every Π2‐statement S of some syntactical form, if its uniform version derives the uniform variant of over a classical system of arithmetic in all finite types with weak extensionality, then S is not provable in (...) strong semi‐intuitionistic systems including bar induction in all finite types but also nonconstructive principles such as Kőnig's lemma and uniform weak Kőnig's lemma. Our result is applicable to many mathematical principles whose sequential versions imply. (shrink)

We deal with applicative theories which are based on combinatory logic with total application, extensionality and natural numbers. We prove a conservative extension theorem and two consistency results, involving principles of uniformity, reflection, enumeration and choice.

Let T be a theory. If T eliminates \, it need not follow that \ eliminates \, as shown by the example of the p-adics. We give a criterion to determine whether \ eliminates \. Specifically, we show that \ eliminates \ if and only if \ is eliminated on all interpretable sets of “unary imaginaries.” This criterion can be applied in cases where a full description of \ is unknown. As an application, we show that \ eliminates \ when (...) T is a C-minimal expansion of ACVF. (shrink)

We propose a fast and reliable corner detector that can detect corners under non-uniform illumination and fuzzy mineshaft images effectively. First, we presented an inner mask that used only four pixels to determine the flat and corner regions of an image, which could eliminate unnecessary computation of flat regions, thus reducing computing cost. Second, we separated the corner regions into background and foreground and computed the separate corner threshold to settle non-uniform illumination. Third, we proposed a fast corner-detection (...) algorithm to compute the nucleus continuous contributive segment based on the corner state. Finally, we proposed two effective methods to remove the false corners. Experimental results showed that our approach has a better detection quality and is less time consuming than three other algorithms on an artificial image, a noisy image, and non-uniform images and could meet the real-time requirement of mineshaft applications. (shrink)

This paper concerns periodic solutions of a class of equations that model gene regulatory networks. Unlike the vast majority of previous studies, it is not assumed that all decay rates are identical. To handle this more general situation, we rely on monotonicity properties of these systems. Under an alternative assumption, it is shown that a classical fixed point theorem for monotone, concave operators can be applied to these systems. The required assumption is expressed in geometrical terms as an alignment condition (...) on so-called focal points . As an application, we show the existence and uniqueness of a stable periodic orbit for negative feedback loop systems in dimension 3 or more, and of a unique stable equilibrium point in dimension 2. This extends a theorem of Snoussi, which showed the existence of these orbits only. (shrink)

Legal codes, such as the Uniform Commercial Code (UCC) examined in this article, are good points of entry for AI and ontology work because of their more straightforward adaptability to relationship linking and rules-based encoding. However, approaches relying on encoding solely on formal code structure are incomplete, missing the rich experience of practitioner expertise that identifies key relationships and decision criteria often supplied by experienced practitioners and process experts from various disciplines (e.g., sociology, political economics, logistics, operations research). This (...) research focuses on the UCC because it transcends the limitations of a formal code, functioning essentially as a composite. AI work can benefit from real-world codes like the UCC, which are essentially formal codes enlightened from a more realistic experience-base from centuries of development in international commercial transactions settings. This paper then describes our initial work in converting an expert system on the U.S. law governing the sale of goods from Article II of the Uniform Commercial Code (UCC), into a knowledge-based system using the Web Ontology Language OWL. (shrink)

In this paper, we develop the beginning of Lie-differential algebra, in the sense of Kolchin by using tools introduced by Hubert in [E. Hubert, Differential algebra for derivations with nontrivial commutation rules, J. Pure Appl. Algebra 200 163–190]. In particular it allows us to adapt the results of Tressl 3933–3951]) by showing the existence of a theory of Lie-differential fields of characteristic zero. This theory will serve as a model companion for every theory of large and Lie-differential fields extending a (...) model complete theory of pure fields. As an application, we introduce the Lie counterpart of classical theories of differential fields in several commuting derivations. (shrink)

Alfred North Whitehead (1861-1947) was a prominent English mathematician and philosopher who co-authored the highly influential Principia Mathematica with Bertrand Russell. Originally published in 1922, this book forms the follow-up volume to "The Principles of Natural Knowledge" (1919) and "The Concept of Nature" (1920). In it, Whitehead puts forward an alternative theory of relativity, one which goes against the heterogeneity of Einstein's later theories in deducing that 'our experience requires and exhibits a basis in uniformity'. The text is divided into (...) three parts - 'General Principles', 'Physical Applications', and 'Elementary Theory of Tensors' - and exhibits a characteristically ambitious approach in mixing various academic disciplines. This is a fascinating book that will be of value to anyone with an interest in natural science, physics, and philosophy, together with the history of science. (shrink)

A pointwise version of the Howard-Bezem notion of hereditary majorization is introduced which has various advantages, and its relation to the usual notion of majorization is discussed. This pointwise majorization of primitive recursive functionals (in the sense of Gödel'sT as well as Kleene/Feferman's ) is applied to systems of intuitionistic and classical arithmetic (H andH c) in all finite types with full induction as well as to the corresponding systems with restricted inductionĤ↾ andĤ↾c.H and Ĥ↾ are closed under a generalized (...) fan-rule. For a restricted class of formulae this also holds forH c andĤ↾c.We give a new and very perspicuous proof that for each one can construct a functional such that $\tilde \Phi \alpha $ is a modulus of uniform continuity for Φ on {β1∣∧n(βn≦αn)}. Such a modulus can also be obtained by majorizing any modulus of pointwise continuity for Φ.The type structure ℳ of all pointwise majorizable set-theoretical functionals of finite type is used to give a short proof that quantifier-free “choice” with uniqueness (AC!)1,0-qf. is not provable within classical arithmetic in all finite types plus comprehension [given by the schema (C)ϱ:∨y 0ϱ∧x ϱ(yx=0⇔A(x)) for arbitraryA], dependent ω-choice and bounded choice. Furthermore ℳ separates several μ-operators. (shrink)

In discussions of the composition of wealth, a common distinction is made between non-financial assets and financial assets. Within the latter category the uncommon distinction is drawn between ‘capital ownership assets’ (referring to ownership in enterprises) and other financial assets. The reason is that capital ownership assets come with a degree of actual or potential economic power – in the sense of having the capacity to significantly influence enterprises’ policies. The article empirically applies this distinction to 24 OECD countries that (...) report uniform data on this (in line with the OECD guidelines). For the OECD average of these countries around 2019, it is shown that whereas the top 10% of households owns 51% of the total net wealth and 68% of the total financial assets, the top 10% owns 85% of the total capital-ownership assets. For individual OECD countries, the last figure ranges from 63% (Greece) to 97% (Lithuania). The figure for the USA is near to the latter, at 94%. (shrink)

This paper focuses on neural learning from adaptive neural control for a class of flexible joint manipulator under the output tracking constraint. To facilitate the design, a new transformed function is introduced to convert the constrained tracking error into unconstrained error variable. Then, a novel adaptive neural dynamic surface control scheme is proposed by combining the neural universal approximation. The proposed control scheme not only decreases the dimension of neural inputs but also reduces the number of neural approximators. Moreover, it (...) can be verified that all the closed-loop signals are uniformly ultimately bounded and the constrained tracking error converges to a small neighborhood around zero in a finite time. Particularly, the reduction of the number of neural input variables simplifies the verification of persistent excitation condition for neural networks. Subsequently, the proposed ANC scheme is verified recursively to be capable of acquiring and storing knowledge of unknown system dynamics in constant neural weights. By reusing the stored knowledge, a neural learning controller is developed for better control performance. Simulation results on a single-link flexible joint manipulator and experiment results on Baxter robot are given to illustrate the effectiveness of the proposed scheme. (shrink)

I am grateful to colleagues for their comments on my target article ; they are almost uniformly insightful, telling, and helpful. In this brief response, I extend the discussion on, in order...

Mechanistic models are built using knowledge as the primary information source, with well-established biological and physical laws determining the causal relationships within the model. Once the causal structure of the model is determined, parameters must be defined in order to accurately reproduce relevant data. Determining parameters and their values is particularly challenging in the case of models of pathophysiology, for which data for calibration is sparse. Multiple data sources might be required, and data may not be in a uniform (...) or desirable format. We describe a calibration strategy to address the challenges of scarcity and heterogeneity of calibration data. Our strategy focuses on parameters whose initial values cannot be easily derived from the literature, and our goal is to determine the values of these parameters via calibration with constraints set by relevant data. When combined with a covariance matrix adaptation evolution strategy, this step-by-step approach can be applied to a wide range of biological models. We describe a stepwise, integrative and iterative approach to multiscale mechanistic model calibration, and provide an example of calibrating a pathophysiological lung adenocarcinoma model. Using the approach described here we illustrate the successful calibration of a complex knowledge-based mechanistic model using only the limited heterogeneous datasets publicly available in the literature. (shrink)

This textbook carefully develops the main ideas and techniques of statistical and thermal physics and is intended for upper-level undergraduate courses. The authors each have more than thirty years' experience in teaching, curriculum development, and research in statistical and computational physics. Statistical and Thermal Physics begins with a qualitative discussion of the relation between the macroscopic and microscopic worlds and incorporates computer simulations throughout the book to provide concrete examples of important conceptual ideas. Unlike many contemporary texts on thermal physics, (...) this book presents thermodynamic reasoning as an independent way of thinking about macroscopic systems. Probability concepts and techniques are introduced, including topics that are useful for understanding how probability and statistics are used. Magnetism and the Ising model are considered in greater depth than in most undergraduate texts, and ideal quantum gases are treated within a uniform framework. Advanced chapters on fluids and critical phenomena are appropriate for motivated undergraduates and beginning graduate students. Integrates Monte Carlo and molecular dynamics simulations as well as other numerical techniques throughout the text Provides self-contained introductions to thermodynamics and statistical mechanics Discusses probability concepts and methods in detail Contains ideas and methods from contemporary research Includes advanced chapters that provide a natural bridge to graduate study Features more than 400 problems Programs are open source and available in an executable cross-platform format Solutions manual. (shrink)

The coordinate-free methods of the preceding paper are illustrated in three problems. First, the electrodynamics of a homogeneous, isotropic, and gyrotropic medium is investigated; it is shown that such a medium can exhibit optical activity, and the propagation of a plane electromagnetic wave in such a medium is discussed. Then, the electrodynamics of a homogeneous system made anisotropic by a uniform external magnetic field is considered; a description of Faraday rotation is provided, the ionosphere being used in an example. (...) Finally, the reflection and refraction of a plane electromagnetic wave at the interface of two media are described by coordinate-free operators. (shrink)

Nonstandard synchronizations of inertial observers in special relativity and synchronizations with respect to a uniformly rotating observer are investigated in a setting which avoids coordinates and transformation rules and so removes some misunderstandings.

This chapter contains sections titled: Invariance qua Uniform Applicability Invariance qua Transindividual Concurrence Invariance qua Timelessness and Ubiquity Limits on Invariance Concluding Remarks.

Organisms engage in various activities that are directed at objects, whether real or imagined. Such activities may be termed “intentional relations.” We present a four-level framework of social understanding that organizes the ways in which social organisms represent the intentional relations of themselves and other agents. We presuppose that the information available to an organism about its own intentional relations (or first person information) is qualitatively different from the information available to that organism about other agents’ intentional relations (or third (...) person information). However, through the integration of these two sources of information, it is possible to generate representations of intentional relations that are uniformly applicable to the activities of both self and other. The four levels of the framework differ in the extent to which such integration occurs and in the degree to which imagination is involved in generating these representations. Most animals exist at the lowest level, at which integration of first and third person sources of information does not occur. Of nonhuman species, only great apes exhibit social understanding at intermediate levels, at which integration of these sources of information provides uniform representations of intentional relations. Only humans attain the highest level, at which it is possible to represent intentional relations with mental objects. We propose that with the development of the imagination, children progress through three stages, equivalent to the later three levels of the framework. The abnormalities in social understanding of autistic individuals are hypothesized to result from a failure to develop integrated representations of intentional relations. (shrink)

Many philosophers and jurists believe that individuals should sometimes be granted religiouslygrounded exemptions from laws or rules. To determine whether an exemption is merited in a particular case, the religious claim must be weighed against the countervailing values that favour the uniform application of the law or rule. This paper develops and applies a framework for assessing the weight of religious claims to exemption, across two dimensions. First, the importance of the burdened religious practice, which is determined by its (...) level of obligatoriness and centrality, according to the beliefs of the individual claimant. Second, the extent of the burden on the practice, which depends on the cost the individual bears if she both undertakes the religious practice and obeys the law or rule, where costs are assessed using an impartial account of individual interests. Exemptions should be granted when claims are weighty on either of these dimensions and the countervailing value is relatively weak. The final section of the paper responds to an important objection to this approach, which concerns administrability. (shrink)

This article seeks in the Platonic philosophers of late antiquity insights applicable to a new discipline, the philosophy of Pagan religion. An impor¬tant element of any such discipline would be a method of mythological hermeneutics that could be applied cross-culturally. The article draws par¬ticular elements of this method from Sallust and Olympiodorus. Sallust’s five modes of the interpretation of myth (theological, physical, psychical, material and mixed) are discussed, with one of them, the theological, singled out for its applicability to (...) all myths and because it interprets myth in reference exclusively to the nature of the Gods and their relationship to a model of the cosmos in its totality. The other modes of interpretation, while useful in particular contexts, are not uniformly applicable to all myths, interpret the myths as concerning things other than the Gods themselves, and interpret the myths with reference to particular sectors of the cosmos. Accordingly, it is from Sallust’s theological mode of interpre¬tation that the new method draws its inspiration. From Olympiodorus the method derives strategies for interpreting basic narrative attributes that myths share with all stories. Thus temporal sequence is interpreted as an ascent, from our perspective, from less perfect to more perfect manifestations of the powers of the Gods. Passivity, conflict, and transitive relations in general between the Gods are interpreted as expressing attributes of the cosmos to the constitution of which the Gods dedicate their energies, rather than as placing constraint upon the Gods themselves. The article concludes with a series of broad principles meant to guide the new method. (shrink)

Feminist epistemology is both a paradox and a necessity. Epistemology is a highly general inquiry – into the meaning of knowledge claims and attributions, into conditions for the possibility of knowledge, into the nature of truth and justification, and so on. Feminism is a family of positions and inquiries characterized by some common sociopolitical interests centering on the abolition of sexual and gender inequality. What possible relation could there be between these two sets of activity? Furthermore, feminist inquiry results in (...) substantive claims and analyses of whose adequacy and correctness feminists hope to persuade nonfeminists as well as other feminists. How could such persuasion occur without some highly general and shared conceptions of knowledge and rationality to set the ground rules within which this persuasion will occur? How could this be anything but a general and uniformly applicable epistemology? A feminist epistemology is oxymoronic. On the other hand, feminist scholars have demonstrated the gender bias infusing most other academic disciplines – a gender bias that is expressed in particular claims and facilitated by disciplinary first principles. Women's experience is made invisible or distorted, as are gender relations. What reason have we for thinking philosophy and its subdisciplines might be immune? And how can feminists pursue philosophical inquiry without subjecting our own discipline and subdisciplines to the same kind of searching scrutiny to which other feminist scholars have subjected their disciplines? Indeed, since the traditional academic disciplines have rested on philosophical presuppositions that may be implicated in sexist or androcentric outcomes, it is imperative that we do so. Feminist epistemology is a necessity. (shrink)

This article sets out to investigate aspects of the uptake of Renaissance law and medicine from some of the logical and natural-philosophical components of the university arts course. Medicine is shown to have a much laxer operative logic than law, reflecting its commitment to the theory of idiosyncrasy as opposed to the demands made upon the law by the need for a uniform application of justice. Symptomatic of the different uptake arc the contrasting meanings of "regulariter" and "generaliter" in (...) the two disciplines. Whereas the law treats the rule as inviolable and the exception as only valid if made explicit in due legal form, medicine is able to conceive of a nature as a field of knowledge broader than that encompassed by its rules of art. Both law and medicine approach evidence. (shrink)

The Court of Justice of the European Union and the way in which it works can be seen as a microcosm of how a multilingual, multicultural supranationalisation process and legal order can be constructed—the Court is a microcosm of the EU as a whole and in particular of EU law. The multilingual jurisprudence produced by the CJEU is necessarily shaped by the dynamics within that institution and by the ‘cultural compromises’ at play in the production process. The resultant texts, which (...) make up that jurisprudence, are hybrid in nature and inherently approximate. On the one hand, that approximation can lead to discrepancies between language versions of the Court’s case law and thus jeopardise the uniform application of EU law. On the other hand, that approximation and hybridity define EU law as a distinct, supranational legal order. This paper analyses the operation of the CJEU and considers whether a linguistic cultural compromise exists within that institution which exercises a formative influence on the character of its ‘output’—i.e. its jurisprudence—and what that may mean for our understanding of the development of EU law. (shrink)

Patient rights are universal values which we have to adopt. It is not so easy, however, to put such values and principles into effect. As approaches and attitudes differ from individual to individual, from society to society, and from country to country, a uniform application of these values is difficult. If we want to reach a general conclusion about the status of patient rights in the world as whole, we should examine the situation in individual countries. As far as (...) Turkey is concerned, we can say that, although the idea of patient rights is accepted in principle, patient rights have yet to be adequately implemented. (shrink)

Psychologists are ethically obligated to obtain informed consent to psychotherapy "as early as is feasible" (American Psychological Association, 2002, p. 1072). However, the range of topics to be addressed includes both information that may be immediately and uniformly applicable to most clients via policy or rule, as well as information that is not immediately presentable because it varies widely across clients or emerges over time. In this study, licensed psychologists were surveyed regarding the earliest feasible point at which they could (...) provide information regarding specific aspects of psychotherapy. Results indicate that, although psychologists believe that they are capable of presenting some information, such as payment and confidentiality policies, at the outset, they believe that a discussion of more substantive issues, such as psychotherapy duration, goals, orientation, and activities, can take place only after some therapy has transpired. Implications are discussed regarding the process and event models of informed consent. (shrink)

Systemic education reform calls for state imposition of uniform standards for student performance, the curriculum, and student opportunities to learn that curriculum, coupled with the alignment of basic state accountability, teacher education, and financing policies and expanded school decision-making authority. Proponents argue that systemic reform will have the effect of enhancing overall economic growth and equalizing opportunities for the most disadvantaged. Analysis of the first claim suggests that the inherent tension between employment-oriented outcome standards and discipline-oriented curriculum frameworks and (...) the uniform application of such standards to all schools may undermine economic growth. Moreover, systemic reform appears more likely to transform current social inequalities than to eliminate them. (shrink)

Jon Elster's notion of 'local justice systems' helps recon ceive sustainable development in several fresh ways. Keeping options open for the future use of resources turns out to be a justice/injustice cycle: the more sustainable development becomes a global phenom enon, the more locally unjust its uniform application would necess arily be. The more uniform the application, the greater the local pressure for suitably varied alternatives. But the more varied the applications, the greater the chance of global injustice (...) arising from the decentralization and lack of coordination on the ground. In this way, sustainable development must be seen as not ending when unjust global systems become more just, but rather as continuing through a set of iterations whose moments include a rejection of an overly globalized sustainable development. Key Words: Jon Elster • local justice systems • sustainable development. (shrink)

We consider games over a finite alphabet with Gurevich-Harrington's winning conditions and restraints as in Yakhnis-Yakhnis . The game tree, the Gurevich-Harrington's kernels of the winning condition and the restraints are defined by finite automata. We give an effective criterion to determine the winning player and an effective presentation of a class of finite automata defined winning strategies.Our approach yields an alternative solution to the games considered by Büchi and Landweber . The BL algorithm is an important tool for solving (...) effectively presented games. The differences between the BL and our algorithms are as follows. Our algorithm is uniformly applicable to winning sets that correspond to boolean combinations of BL winning conditions, while the BL algorithm requires a transformation of such boolean combinations into a single BL condition. Our algorithm directly applies to a larger class of game trees for a given game alphabet than does the BL one. We describe Büchi-Landweber's class of winning conditions in a more transparent way by using finite automata and Gurevich-Harrington's form of winning conditions. Our algorithms that determine the winner of the game and find a winning strategy, are based on a translation of the events in the game in terms of the transition table of the automaton representing the game. This automaton differs from the ones that represent BL winning conditions. Both algorithms need further investigation.The algorithm determining the winner in the game, can be used as a verifier of concurrent programs. This is because programs can be viewed as strategies in Gurevich-Harrington's games and program specifications could be regarded as winning conditions for such games. The algorithm which finds a winning strategy could be used as a basis for automated concurrent program design.The present paper is a sequel to Annals of Pure and Applied Logic 48 277–297. (shrink)

In its jurisprudence relating to Article 267 TFEU, the Court of Justice of the European Union seems to oscillate between two different approaches. According to the jurisprudential mainstream, the preliminary ruling is an instrument of dialogue between national courts and the Court of Justice. This constant dialogue can fulfill the role assigned to the Court to ensure consistency of interpretation and application of Union law. Another line of cases, however, seems to make preliminary rulings means for individuals to ensure their (...) rights which derive from EU law. These two visions of the preliminary references recently have been opposed in discussions about a particular aspect of the preliminary procedure, which is the late withdrawal of the question referred by the national court. In fact, when the national court considered that the response of the Court of Justice was not “necessary to render judgment,” it could, at any time, including both before and after the deliberate publication, date the judgment to the parties and remove this issue. Therefore, the jurisdiction of the Court of Justice became dependent on matters of procedure (dealings between the parties, amicable agreements, etc.) that occurred in extremis before the national court, which sometimes cast doubt on a possible manipulation of the Court by the parties to the main proceedings. It became necessary to find a solution to solve this problem. The two different visions were then compared. If the preliminary ruling is conceived as an additional instrument for the rights that individuals derive from EU law, there is no need for the Court of Justice of the European Union to make a decision when the dispute is resolved before the national court and the defendant has obtained satisfaction. Conversely, if the preliminary ruling is conceived as an instrument to ensure the uniform application and interpretation of EU law, this judgment may be necessary. In fact, without deciding in abstracto, the Court in its judgement will anchor an interpretation that should be applied in all similar cases in the courts of the 27 Member States. In this case, a judgment may still be necessary, even if the dispute before the national court ended off. In order to preserve this approach, the new Rules of Procedure now contain a provision in Article 100 (1) which reads as follows: “The Court shall remain seised of a request for a preliminary ruling for as long as it is not withdrawn by the court or tribunal which made that request to the Court. The withdrawal of a request may be taken into account until notice of the date of delivery of the judgment has been served on the interest persons referred to in Article 23 of the Statute”. Thus, the late withdrawal of a request for a preliminary ruling is clearly limited in time and, even if such removal would occur in extremis, the judgment of the Court will be delivered in the interest of interpretation and uniform application of Union law. (shrink)

The aim of this paper is to introduce the one hundred years of vaccination that has passed since Louis Pasteur first coined this generic term. According to the late Jonas Salk, vaccinology is a science encompassing all aspects of vaccine from its conception in the laboratory to its production by companies and its application and distribution in the field. In this historical survey I explore how vaccination never consisted of a simple and uniform application of a rational model, but (...) rather diverged along various pathways, several of which were discarded in retrospect as being hazardous, and I analyse the ongoing interplay between rational and inventive thinking. (shrink)

In what ways might we best, and justly, allow for cohabitation between individuals and groups with plural conceptions of the good? Confronting this question, students of political philosophy in the past two decades have encountered a routine contrast between liberal universalism, with a focus on equal individual rights and uniform application of the law, and on the other hand various versions of a 'politics of difference'(...).