Endeavours of politicians, representatives of law enforcement institutions and courts to create simplified, accelerated and less human and time resources requiring legal procedures in criminal cases prompted the authors of this article to assess the possibilities to develop the written form of procedure in Lithuania. The goal of the authors of this article is to assess the origin and goals of the written form of procedure, as well as to define the main rules and points for (...) discussions on the possibilities to develop the written form of procedure in the Lithuanian criminal procedural law. The conclusion is drawn in this article to the effect that written form of procedure is seen as a condition for simplifying and accelerating the legal process, and choosing this form of procedure is not considered as denying or restraining the expectations of participants of criminal procedure towards a fair trial. The analysis provides the basis for the authors to make a conclusion on the appropriate limits of applying written or oral procedures for hearing criminal cases: Oral procedure must be guaranteed in cases where questions of criminal liability and personal guilt are solved at the first instance court hearings; Oral procedure usually has to be guaranteed in cases where during the procedure at the first instance court hearing the questions of criminal liability and personal guilt are solved, although oral procedure may be limited and the procedure may be conducted in written form if new evidence are not investigated and there is no doubt for deciding whether oral procedure is better for understanding the case; Oral procedure need not be guaranteed only in cases where questions of application of the law are solved and if oral procedure was guaranteed during the procedure at the court of first instance; Written procedure may guarantee the right to a fair trial, where the participants of the procedure are allowed to provide various explanations and written documents or a person is allowed to ask for an oral court hearing. (shrink)

Obtaining prospective written consent from women to participate in trials when they are experiencing an obstetric emergency is challenging. Alternative consent pathways, such as gaining verbal consent at enrolment followed, later, by obtaining written consent, have been advocated by some clinicians and bioethicists but have received little empirical attention. We explored women’s and staff views about the consent procedures used during the internal pilot of a trial, where the protocol permitted staff to gain verbal consent at recruitment. Interviews (...) with staff and participating women. Data were analysed thematically and interviews were cross-compared to identify differences and similarities in participants’ views about the consent procedures used. Women and some staff highlighted benefits to obtaining verbal consent at trial enrolment, including expediting recruitment and reducing the burden on those left exhausted by their births. However, most staff with direct responsibility for taking consent expressed extreme reluctance to proceed with enrolment until they had obtained written consent, despite being comfortable using verbal procedures in their clinical practice. To account for this resistance, staff drew a strong distinction between research and clinical care and suggested that a higher level of consent was needed when recruiting into trials. In doing so, staff emphasised the need to engage women in reflexive decision-making and highlighted the role that completing the consent form could play in enabling and evidencing this process. While most staff cited their ethical responsibilities to women, they also voiced concerns that the absence of a signed consent form at recruitment could expose them to greater risk of litigation were an individual to experience a complication during the trial. Inexperience of recruiting into peripartum trials and limited availability of staff trained to take consent also reinforced preferences for obtaining written consent at recruitment. While alternative consent pathways have an important role to play in advancing emergency medicine research, and may be appreciated by potential recruits, they may give rise to unintended ethical and logistical challenges for staff. Staff would benefit from training and support to increase their confidence and willingness to recruit into trials using alternative consent pathways. This qualitative research was undertaken as part of the GOT-IT Trial. Date of registration 26/03/2014. (shrink)

This collection of essays brings together the very best philosophical and legal writings on procedural justice over the last half century. The articles are written by experts from legal and philosophical backgrounds and analyze values such as transparency, predictability, and even-handedness in law-making, law-enforcement and adjudication; discuss core concepts in Anglo-American jurisprudence such as equal protection, due process and the rule of law; and deal with the distinctive branch of justice that involves norms and processes of applying law to (...) citizens. (shrink)

Informed consent is an essential step in helping patients be aware of consequences of their treatment decisions. With surgery, it is vitally important for patients to understand the risks and benefits of the procedure and decide accordingly. We explored whether a written IC form was provided to patients; whether they read and signed it; whether they communicated orally with the physician; whether these communications influenced patient decisions. Adult postsurgical patients in nine general hospitals of Italy’s Campania Region were (...) interviewed via a structured questionnaire between the second and seventh day after the surgery at the end of the first surgical follow up visit. Physicians who were independent from the surgical team administered the questionnaire. The written IC form was given to 84.5% of those interviewed. All recipients of the form signed it, either personally or through a delegate; however, 13.9% did not know/remember having done so; 51.8% said that they read it thoroughly. Of those who reported to have read it, 90.9% judged it to be clear. Of those receiving the written consent form, 52.0% had gotten it the day before the surgery at the earliest 41.1% received it some hours or immediately before the procedure. The written IC form was explained to 65.6% of the patients, and 93.9% of them received further oral information that deemed understandable. Most attention was given to the diagnosis and the type of surgical procedure, which was communicated respectively to 92.8 and 88.2% of the patients. Almost one in two patients believed that the information provided some emotional relief, while 23.2% experienced increased anxiety. Younger patients and patients with higher levels of education were more likely to read the written IC form. The written IC form is not sufficient in assuring patients and making them fully aware of choices they made for their health; pre-operative information that was delivered orally better served the patients’ needs. To improve the quality of communication we suggest enhancing physicians’ communication skills and for them to use structured conversation to ensure that individuals are completely informed before undergoing their procedures. (shrink)

The whistleblower system assumes that an element necessary for proper functioning about an organization is to see irregularities occurring in it. For this reason, whistleblowing and follow-up internal investigations occupy a central place in the organization’s compliance management system and an important role in the organization’s culture. These two areas constantly complement each other. However, compliance systems seem to be a broader concept, where the organization’s culture is part of it. The culture of an organization represents the habits, traditions, and (...) customs of organizations, which are not always written down. It is often referred to as the “company atmosphere.” Compliance is a system of procedures and rules, most often written down, which define procedures for dealing with specific situations, rights and obligations of employees, co-workers, or contractors. The regulations that emerge from the compliance system derive from laws, industry regulations, ethical norms, including the culture of a particular organization. Well-developed and implemented whistleblowing procedures that become part of the organization’s culture for good influence the existence of a highly developed compliance system that guarantees the multifaceted success of the organization. (shrink)

ArgumentThe study of algebra in China has often focused on the algebraic “procedure of the Celestial Source.” Its geometrical ancestors are less known. TheYigu yanduan, authored by Li Ye (1192-1279), presents the procedure alongside its two geometrical counterparts, the “Section of Pieces [of Areas]” and the “Old Procedure.” The three procedures are known to represent three generations of algorithms used to set up quadratic equations. A similar geometrical procedure appears in a treatise written by Yang (...) Hui (second half of thirteenth century). Although the procedures look alike at first glance, the two treatises reveal different moments in their work on the relation between counting materials and geometrical representation. This study challenges their chronology trying to identify the meander of the geometrical roots of the Celestial Source. The construction of negative coefficients plays a pivotal role in this mutation and shows several layers of composition. (shrink)

When, how, and why students use conceptual knowledge during math problem solving is not well understood. We propose that when solving routine problems, students are more likely to recruit conceptual knowledge if their procedural knowledge is weak than if it is strong, and that in this context, metacognitive processes, specifically feelings of doubt, mediate interactions between procedural and conceptual knowledge. To test these hypotheses, in two studies (Ns = 64 and 138), university students solved fraction and decimal arithmetic problems while (...) thinking aloud; verbal protocols and written work were coded for overt uses of conceptual knowledge and displays of doubt. Consistent with the hypotheses, use of conceptual knowledge during calculation was not significantly positively associated with accuracy, but was positively associated with displays of doubt, which were negatively associated with accuracy. In Study 1, participants also explained solutions to rational arithmetic problems; using conceptual knowledge in this context was positively correlated with calculation accuracy, but only among participants who did not use conceptual knowledge during calculation, suggesting that the correlation did not reflect “online” effects of using conceptual knowledge. In Study 2, participants also completed a nonroutine problem‐solving task; displays of doubt on this task were positively associated with accuracy, suggesting that metacognitive processes play different roles when solving routine and nonroutine problems. We discuss implications of the results regarding interactions between procedural knowledge, conceptual knowledge, and metacognitive processes in math problem solving. (shrink)

This paper presents a theory of the syntactic aspects of human sentence production. An important characteristic of unprepared speech is that overt pronunciation of a sentence can be initiated before the speaker has completely worked out the meaning content he or she is going to express in that sentence. Apparently, the speaker is able to build up a syntactically coherent utterance out of a series of syntactic fragments each rendering a new part of the meaning content. This incremental, left‐to‐right mode (...) of sentence production is the central capability of the proposed Incremental Procedural Grammar (IPG). Certain other properties of spontaneous speech, as derivable from speech errors, hesitations, self‐repairs, and language pathology, are accounted for as well.The psychological plausibility thus gained by the grammar appears compatible with a satisfactory level of linguistic plausibility in that sentences receive structural descriptions which are in line with current theories of grammar. More importantly, an explanation for the existence of configurational conditions on transformations and other linguistics rules is proposed.The basic design feature of IPG which gives rise to these psychologically and linguistically desirable properties, is the “Procedures + Stack” concept. Sentences are built not by a central constructing agency which overlooks the whole process but by a team of syntactic procedures (modules) which work—in parallel—on small parts of the sentence, have only a limited overview, and whose sole communication channel is a stack.IPG covers object complement constructions, interrogatives, and word order in main and subordinate clauses. It handles unbounded dependencies, crossserial dependencies and coordination phenomena such as gapping and conjunction reduction. It is also capable of generating self‐repairs and elliptical answers to questions. IPG has been implemented as an incremental Dutch sentence generator written in LISP. (shrink)

As clinical ethics consultants move toward professionalization, the process of certifying individual consultants or accrediting programs will be discussed and debated. With certification, some entity must be established or ordained to oversee the standards and procedures. If the process evolves like other professions, it seems plausible that it will eventually include a written examination to evaluate the core knowledge competencies that individual practitioners should possess to meet peer practice standards. The American Society for Bioethics and Humanities has published core (...) knowledge competencies for many years that are accepted by experts as the prevailing standard. Probably any written examination will be based upon the ASBH core knowledge competencies. However, much remains to be done before any examination may be offered. In particular, it seems likely that a recognized examining board must create and validate examination questions and structure the examination so as to establish meaningful, defensible parameters after dealing with such challenging questions as: Should the certifying examination be multiple choice or short-answer essay? How should the test be graded? What should the pass rate be? How may the examination be best administered? To advance the field of health care ethics consultation, thought leaders should start to focus on the written examination possibilities, to date unaddressed carefully in the literature. Examination models—both objective and written—must be explored as a viable strategy about how the field of health care ethics consultations can grow toward professionalization. (shrink)

This paper reports on an investigation of issues surrounding the use of ethical codes/codes of conduct in Irish based companies. Using a comprehensive questionnaire survey, the paper examines the incidence, content and enforcement of codes of conduct among a sample of the top 1000 companies based in Ireland. The main findings indicate that the overall usage of codes of conduct amongst indigenous Irish companies has increased significantly from 1995 to 2000. However, in line with prior research, these codes focus primarily (...) on issues surrounding company and employee protection as opposed to society protection. Almost half of all codes are written by company personnel or provided by head office. Revisions of codes are common but formal ongoing methods of instructing new staff about codes are not prevalent. Less than one-third of companies with codes have formal channels for reporting violations but a high percentage have formal disciplinary procedures in place for breaches of codes. (shrink)

Prior to the extensive reform of the Finnish criminal procedure in 1997, the roles of the prosecutor and the defence attorney were passive compared to the role of the judge. The main task of the prosecutor was to read the written indictment and to help the judge to find the truth. The judge could procure evidence ex officio, although it may have been detrimental to the suspect. The roles of the judge, the attorneys and the prosecutor changed dramatically (...) when the reform concerning criminal matters was enacted. The prosecutor is now an active party to the case, ensuring the implementation of criminal liability and actively promoting the progress of the proceedings. It is the duty of the prosecutor to prove the charge by procuring sufficient evidence in support of the charge and by presenting it to the court. The court itself is neutral; it does not support or assist the prosecutor. The judge cannot hear a witness ex officio if the hearing is to be detrimental to the suspect. (shrink)

Background: Individual, comprehensive, and written informed consent is broadly considered an ethical obligation in research involving the sampling of human material. In developing countries, however, local conditions, such as widespread illiteracy, low levels of education, and hierarchical social structures, complicate compliance with these standards. As a result, researchers may modify the consent process to secure participation. To evaluate the ethical status of such modified consent strategies it is necessary to assess the extent to which local practices accord with the (...) values underlying informed consent. Methods: Over a 2-week period in April 2014 we conducted semistructured interviews with researchers from a genetic research institute in rural Pakistan and families who had given blood samples for their research. Interviews with researchers focused on the institute’s requirements for consent, and the researchers’ strategies for and experiences with obtaining consent in the field. Interviews with donors focused on their motivation for donating samples, their experience of consent and donation, and what factors were central in their decisions to give consent. Results: Researchers often reported modifications to consent procedures suited to the local context, standardly employing oral and elder consent, and tailoring information to the social education level of donor families. Central themes in donors’ accounts of their decision to consent were the hope of getting something out of their participation and their remarkably high levels of trust in the researchers. Several donor accounts indicated a degree of confusion about participation and diagnosis, resulting in misconceived expectations of therapeutic benefits. Conclusions: We argue that while building and maintaining trusting relationships in research is important—not least in developing countries—strategies that serve this endeavor should be supplemented with efforts to ensure proper provision and understanding of relevant information, specifically about the nature of research and measures for individual consent and opt-out. (shrink)

Notwithstanding fears of overly permissive approaches and related pleas to refuse euthanasia for psychological suffering, some Belgian hospitals have declared that such requests could be admissible. However, some of these hospitals have decided that such requests have to be managed and carried out outside their walls. Ghent University Hospital has developed a written policy regarding requests for euthanasia for psychological suffering coming from patients from outside the hospital. The protocol stipulates several due care criteria that go beyond the requirements (...) of the Belgian Euthanasia Law. For instance, the legally required first and second consulted physicians should all be psychiatrists and be affiliated with a psychiatry department of a Flemish university hospital. Moreover, euthanasia for psychological suffering can only be performed if the advices of these consulted physicians are positive. Importantly, preliminary reflection by the multidisciplinary Hospital Ethics Committee was introduced to discuss every request for euthanasia for psychological suffering coming from outside the hospital. In this way, the protocol supports psychiatrists faced with the complexities of assessing such requests, improves the quality of euthanasia practice by ensuring transparency and uniformity, and offers patients specialised support and guidance during their euthanasia procedure. Nevertheless, some concerns still remain. (shrink)

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

This article analyzes three video-recorded asylum interviews, their written records and the corresponding decisions by the Finnish Immigration Service. The goal is to identify the causes and consequences of vulnerability in instances that are particularly important when assessing whether the asylum seeker has a well-grounded fear of persecution. A combination of linguistic, psychological and epistemic perspectives on vulnerability shows that these three dimensions are closely intertwined in asylum interviews. Linguistic vulnerability is linked for the most part to interpreting, whereas (...) psychological vulnerability stems from the difficulty in recounting traumatic experiences. Both linguistic and psychological vulnerabilities are central forces that also lead to epistemic vulnerability. Epistemic vulnerability, we claim, gives rise to certain practices within the asylum procedure, which again represents the materialization of the discourses of reporting, truth and credibility. (shrink)

Background There is increasing use of the Internet by patients as an educational tool prior to a surgical procedure. However, the quality of information is highly variable, and it is imperative that as clinicians, we are aware of the information available to ensure that consent is valid and avoid unrealistic expectations. Our aim is to assess the quality of medical information available on the Internet related to common surgical procedures. Methods Analysis of the quality of patient information on 10 (...) websites for six common surgical conditions was assessed using the DISCERN questionnaire and, for readability, using the Flesch reading ease test. Results There was high variation in the DISCERN score from 1.34 to 4.4. Overall, poor quality of patient information is available. Consistent scoring below 55 on Flesch reading ease score suggests a reading level beyond the majority of the patient population. Conclusion The majority of patient-centred health education on the Internet is poor. Therefore, improved verbal and written information during consultation combined with local, national and international websites is important to meet patient’s expectations and avoid issues regarding consent. (shrink)

This paper aims to discuss a well-known concept from argumentation theory, namely the principle of charity. It will show that this principle, especially in its contemporary version as formulated by Donald Davidson, meets with some serious problems. Since we need the principle of charity in any kind of critical discussion, we propose the way of modifying it according to the presupponendum—the rule written in the sixteenth century by Ignatius Loyola. While also corresponding with pragma-dialectical rules, it also provides additional (...) content. This will be termed the dialectical principle of charity, and it offers a few steps to be performed during an argument in order to make sure that the participants understand each other well and are not deceived by any cognitive bias. The meaning of these results could be of great significance for argumentation theory, pragma-dialectics and the practice of public discourse as it enhances the principle of charity and makes it easier to apply in argumentation. (shrink)

The Qur'an is a holy book on which many studies have been carried out by both Muslims and non-Muslims. In terms of its religious and cultural origins, Turkey is one of the countries where the most research on the Qur'an has been conducted. However, the fact that the studies and contributions will be gain a more important place in the international arena, the articles written about Qur'an in Turkey be addressed in various aspects in this article. For this purpose, (...) the articles have been classified firstly by the contents. Thus, it has been questioned which topics have been researched much and which ones have been researched relatively less. Secondly, the article also aims to determine how many articles composed about Qur'an in an interdisciplinary manner. And the numerical changes of the articles are also examined yearly. In addition, the number of articles related with Qur'an and written in a language except for Turkish is also determined in the article. Based on that, some evaluations are made about these articles and their authors. Finally, some formal, contextual and scientific procedural errors in the articles written about Qur'an have been examined, and it has been investigated whether there have been ethical violations in the articles or not. Lastly, various suggestions to eliminate the deficiencies, have been suggested. Since the excessive increase in the number of articles after 2015 made the research difficult, the determinations in the article are limited to the articles between 1930 and 2015. (shrink)

Different countries worldwide have issues with adapting legal terminology in a multilingual society. Such issues are still prevalent in Kazakhstan, where it is particularly difficult to guarantee the quality of laws written in the state language. This study aims to answer the question of what scientific, methodological, and legal mechanisms can be used to enhance legislative drafting practises in countries with two or more official languages by using Kazakhstan as an example. The Kazakh legal terminology reflects the societal communication (...) requirements for the control of public relations. According to the findings, the current challenges of establishing a legal conceptual framework in Kazakhstan are closely connected to trends in expanding the terminological lexicon. This trend stems from neologisation, optimisation of borrowings of legal terms, and internationalisation of legal discourse. The ways to improve the legislative drafting technique are suggested based on a generalised analysis of texts in the state language of some legislative instruments of the Republic of Kazakhstan. The article offers several recommendations for specialists-translators of legal texts practising in rule-making and lawyers-specialists in legislative drafting and review. (shrink)

Writing a thesis or dissertation is a challenging procedure as it is one of the requirements of getting a graduate and postgraduate diploma. Writing an abstract like other parts of a thesis or dissertation has its criterion. For this reason, due to globalism, those abstracts written by non-native English speakers may lack some of the features of the abstract genre and move that must be included. This study examines the moves of M.A. and Ph.D. abstracts written by (...) Turkish students between the 2009 and 2019 academic years on foreign language education at Cyprus International University. The data consisted of 50 abstracts chosen randomly from the ELT department. For the analysis, Hyland’s five-move model has been used. The study results reveal that 40 abstracts did not follow the five moves that Hyland has put forward. Moreover, it can be stated that the absence of some moves in the abstracts may cause restraint for readers to comprehend these studies in terms of communicative purposes. (shrink)

In the intellectual confusion prevailing since the demise of Marxism and “marxism”, the attempt is made to define democracy as a matter of pure procedure, explicitly avoiding and condemning any reference to substantive objectives. It can easily be shown, however, that the idea of a purely procedural “democracy” is incoherent and self-contradictory. No legal system whatsoever and no government can exist in the absence of substantive conditions which cannot be left to chance or to the workings of the “market” (...) but must be posited as objectives of political activity. The confusion results from a deficient understanding of what makes a society and an empty idea of “freedom”. The objective of politics is not happiness, an affair to be left to the individuals, but it certainly is liberty understood as participation in the governance of the polity; it is also the pursuit of the common good, defined as the sum of the prerequisites and facilitations of individual autonomy depending on collective action, and as the realization of commonly agreed collective goals. (shrink)

This article examines the involvement of residents and their relatives in end-of-life decisions and care in Norwegian nursing homes. It also explores challenges in these staff—family relationships. The article is based on a nationwide survey examining Norwegian nursing homes’ end-of-life care at ward level. Only a minority of the participant Norwegian nursing home wards ‘usually’ explore residents’ preferences for care and treatment at the end of their life, and few have written procedures on the involvement of family caregivers when (...) their relative is in the terminal phase. According to the respondents, most staff seem to comfort relatives well. However, several challenges were described. The study revealed a need for better procedures in the involvement of residents and relatives in nursing home end-of-life care. The findings emphasize a need to strengthen both the involvement of nursing home physicians and staff communication skills. (shrink)

BackgroundMany medical emergency practices are regulated by written procedures that normally provide reliable guidelines for action. In some cases, however, the consequences of following rule-based instructions can have unintended negative consequences. The article discusses a case - described on a type level - where the consequences of following a rule formulation could have been fatal.Case presentationA weak and elderly patient has cardiac arrest, and a Do Not Resuscitate clause is written in the patient’s medical record. Paramedics at the (...) scene cannot see that the patient’s general appearance match conditions which would indicate the DNR clause, so they start cardiopulmonary resuscitation, and the patient survives. This turns out to be a crucial decision. The DNR clause is from an earlier bout with serious disease from which the patient has recovered, against all odds, and someone has forgotten to remove the clause from the medical record.AnalysisIn order to be able to interpret the validity of written guidelines, paramedics and other health workers need to develop personal skills that transcend the ability simply to follow written instructions. Within traditional virtue ethics, personal judgment is conceived of as crucial for being able to make ‘good’ autonomous decisions. Virtue ethical analyses, decision-making abilities and non-technical communication skills are important as conceptual tools when health workers need to make difficult clinical decisions.ConclusionThe case study accentuates the significance of prudent judgment in medical practice. In the case described, the consequence of trusting the written advance directive could have been fatal, but the point is general: for the purpose of achieving excellent organizational performance, it is insufficient for health workers to rely uncritically on rules and procedures. Even the clearest rule formulations must be interpreted contextually in order to determine ethically correct behavior and avoid potential negative consequences that are not in the patient’s best interests. (shrink)

Physicians, scholars, and policymakers continue to be concerned about conflicts of interests among health care providers. At least two main types of objections to conflicts of interest exist. Conflicts of interests may be intrinsically troublesome if they violate providers’ fiduciary duties to their patients or they contribute to loss of trust in health care professionals and the health care system. Conflicts of interest may also be problematic in practice if they bias the decisions made by providers, adversely impacting patient outcomes (...) or wastefully increasing health care costs. This latter objection may be observed in differences in the prescriptions written, procedures performed, or costs billed by health care professionals who have conflicting interests, when compared to those that do not have such financial relationships. (shrink)

Written in broad strokes, this paper attempts to draw form Krishnamurti’s life and teachings, a hermeneutics of the human soul’s quest-journey towards transcendent wholeness. It begins with an attempt to frame K’s “process” (the name given to the painful ordeals in his youth that many believe were the catalyst responsible for his metamorphosis) through a variety of disciplines and cultural perspectives, some of which underscore the impasse of scientific objectivity and the limits of phenomenalist categories in general. It then (...) explores the procedures and conceits of present technologies of self-transformation via pseudomeditative body work and suggests that this subject can only be confirmed by an experience so intimately and subversively (to its own object) subjective that it risks undermining its own legitimacy in the face of our body-phobic Cartesian cultural ethos that holds sacrosanct the mind-body split. -/- It then explores the deeper origins and history of this problem from the pre-Socratics to the misconceptions of modern mathematics about the proper place of metaphor and paradox and underscores how present day false consciousness fails to discriminate between a “noumenal” world and its conditioned “phenomenal” counterfeit copy. It ends with a brief meditation on K’s process. (shrink)

Though written corporate codes of ethics have been touted as a panacea for the embarrassments and uncertainties of the past two decades, the absence of clear evaluation procedures severely compromises their usefulness. An ethnographic study comparing development processes and compliance outcomes in large health care facilities and energy companies shows that neither of the two industries has encountered much success with a codes of ethics program. Companies that distribute copies of their code of ethics seldom ensure the process is (...) completed or that employees understand the purpose of the document, and staff responsible for the code give it a low priority relative to their overall responsibilities. Contrary to expectations, health care facilities are no more likely to develop or implement codes of ethics effectively than are energy companies. More extensive research is needed in order to generate the data necessary for the development of realistic standards for the evaluation of codes of ethics. (shrink)

Written by a former corporate manager pursuing counseling as a 2nd career, this article offers pointed views on managed mental health care. Values of practitioners that are a mismatch for managed care are noted, and more specific disadvantages and advantages are examined. Loss of client confidentiality is addressed and procedures and technologies for its reclamation are noted. Negative effects on therapy are acknowledged and potential for better accountability and research are pointed out. Economic disadvantages of a small provider's practice (...) as well as opportunities for creating new value and additional income are reviewed. The relatively sudden emergence of managed care is credited with a natural time lag preceding regulatory responses. Acknowledging that most new practitioners have little choice about the clients they serve, the article concludes that it would be shortsighted to rule managed care out of one's practice. (shrink)

Improvement in performance after the end of the training session, termed “Offline improvement,” has been shown in procedural learning tasks. We examined whether Offline improvement in learning a novel orthography depends on the type of reading instruction. Forty-eight adults received multisession training in reading nonsense words, written in an artificial script. Participants were trained in one of three conditions: alphabetical words preceded by direct letter instruction (Letter-Alph); alphabetical words with whole-word instruction (Word-Alph); and nonalphabetical (arbitrary) words with whole-word instruction (...) (Word-Arb). Offline improvement was found only for the Letter-Alph group. Moreover, correlation with a standardized measure of word reading ability showed that good readers trained in the Letter-Alph group exhibit greater Offline improvement, whereas good readers trained in the Word-Arb group showed greater Within-session improvement during training. These results suggest that different consolidation processes and learning mechanisms were involved in each group. We argue that providing a short block of direct letter instruction prior to training resulted in increased involvement of procedural learning mechanisms during training. (shrink)

The procedure I will follow in this paper requires a brief initial note of explanation. Collingwood’s texts are opaque at two points. First, he does not make clear what precisely he meant by the claim that metaphysics is a historical discipline. The prevailing interpretation—which I dispute—has been that he had in mind a similarity or identity of certain methods of inquiry or explanation. Second, and more seriously, he does not make clear the relationship of his two main treatises on (...) metaphysics. They were written and published only seven years apart and one feels there ought to be some connection, if only that of explicit rejection, between them. Their connection is problematic; for they appear, on the surface, very different. Rather like the relationship of Plato’s Laws to his Republic. But Collingwood himself is almost completely noncommittal on how they stand, each to the other. He apparently saw in them some sort of continuity. But beyond this we have no sense of what he took their relationship to be. (shrink)

The present study aimed to examine whether the applied practice of cameras in courtrooms plays a positive role in public confidence in legal authorities and how such impact may occur from the perspectives of the Group Value Model and the surrogacy effect. A convenience sample of 170 college students participated in this experiment. The control group read the written judgment of a civil case published online while the experimental group read the same judgment and watched the court trial video (...) of that case. The overarching mediation model confirmed that there was a significant and indirect influence of video watching on confidence in justice in general. The key underlying mechanisms of this impact were the positive perception of the interpersonal treatment by the judge as well as the perceived fairness of the procedure. This study contributes to the currently limited research examining whether and, if so, how courtroom broadcasting promotes public trust through obtaining empirical evidence. It also expands the application of the Group Value Model to a vicarious interaction setting and provides evidence of the surrogacy effect in a civil legal context. (shrink)

The procedure I will follow in this paper requires a brief initial note of explanation. Collingwood’s texts are opaque at two points. First, he does not make clear what precisely he meant by the claim that metaphysics is a historical discipline. The prevailing interpretation—which I dispute—has been that he had in mind a similarity or identity of certain methods of inquiry or explanation. Second, and more seriously, he does not make clear the relationship of his two main treatises on (...) metaphysics. They were written and published only seven years apart and one feels there ought to be some connection, if only that of explicit rejection, between them. Their connection is problematic; for they appear, on the surface, very different. Rather like the relationship of Plato’s Laws to his Republic. But Collingwood himself is almost completely noncommittal on how they stand, each to the other. He apparently saw in them some sort of continuity. But beyond this we have no sense of what he took their relationship to be. (shrink)

Clinical ethics committees have existed in Norway since 1996. By now all hospital trusts have one. An evaluation of these committees’ work was started in 2004. This paper presents results from an interview study of eight clinicians who evaluated six committees’ deliberations on 10 clinical cases. The study indicates that the clinicians found the clinical ethics consultations useful and worth while doing. However, a systematic approach to case consultations is vital. Procedures and mandate of the committees should be known to (...) clinicians in advance to ensure that they know what to expect. Equally important is bringing all relevant facts, medical as well as psychosocial, into the discussion. A written report from the deliberation is also important for the committees to be taken seriously by the clinicians. This study indicates that the clinicians want to be included in the deliberation, and not only in the preparation or follow-up. Obstacles for referring a case to the committee are the medical culture’s conflict aversion and its anxiety of being judged by outsiders. The committees were described as a court by some of the clinicians. This is a challenge for the committees in their attempt to balance support and critique in their consultation services. (shrink)

This work, written from a neo-Pyrrhonian perspective, is an examination of contemporary theories of knowledge and justification. It takes ideas primarily found in Sextus Empiricus's Outlines of Pyrrhonism, restates them in a modern idiom, and then asks whether any contemporary theory of knowledge meets the challenges they raise. The first part, entitled "Gettier and the Problem of Knowledge," attempts to rescue our ordinary concept of knowledge from those philosophers who have assigned burdens to it that it cannot bear. Properly (...) understood, Fogelin shows that the concept of knowledge is unproblematic. The second part of this study, called "Agrippa and the Problem of Justification," examines Agrippa's contribution to Pyrrhonism, a systematic reduction of its procedures which came to be known as the "Five Modes Leading to the Suspension of Belief." These modes present a completely general procedure for refuting any claim a dogmatist might make. Though largely unnoticed, there is, according to Fogelin, an uncanny resemblance between problems posed by Agrippa's "Five Modes" and those that contemporary epistemologists address under the heading of a theory of justification. Fogelin examines the strongest contemporary theories of justification--in both foundationalist and anti-foundationalist forms. The conclusion is that recent philosophical writings on justification have made no significant progress in responding to the Pyrrhonian problems these writings have addressed. (shrink)

Henry Molaison, aged eighty-two, died at the end of 2008, and just after noon on exactly the first anniversary of his death, December 2, 2009, scientists began slicing his brain into 2,500 tissue samples. Known primarily in his lifetime as only H.M., he left his brain to science so that it could be dissected and digitally mapped – a gift much beloved by many scientists. An amnesiac in life, H.M. first rose to prominence in 1962 when Dr. Brenda Milner, a (...) pioneer in the field of neuropsychology, demonstrated that though H.M. was severely amnesic and could not remember past activities, he could nevertheless learn certain habits. The experiment involved the now famous mirror drawing. This article, written by a philosopher/artist and a neuroscientist/neuroaesthetician, argues that artists are unable to verbally articulate thoughts about their own art practice for reasons similar to why H.M. could not. All memories are not stored in the same part of the brain. Different categories of memories i.e., semantic memory or procedural memory, are stored in different parts of the brain. We argue that the procedural memory is not readily accessible to semantic memory. (shrink)

"If our procedure is to work steadily in the direction of drawing as fine art, rather than beginning from examples of such art, where shall we begin? One attractive possibility is to begin at the beginning—not the beginning in prehistory, which is already wonderful art, but with our personal beginnings as children. From there it will be the ambitious project of this book to investigate 'the course of drawing,' from the first marks children make to the greatest graphic arts (...) of different cultures."—from the Introduction Patrick Maynard surveys the rich and varied practices of drawing, from the earliest markings on cave walls to the complex technical schematics that make the modern world possible, from cartoons and the first efforts of preschoolers to the works of skilled draftspeople and the greatest artists, East and West. Despite, or perhaps because of, its ubiquity, drawing as such has provoked remarkably little philosophical reflection. Nonphilosophical writing on the topic tends to be divided between specialties such as art history and mechanics. In this engagingly written and well-illustrated book, Maynard reveals the interconnections and developments that unite this fundamental autonomous human activity in all its diversity. Informed by close discussion of work in art history, art criticism, cognitive and developmental psychology, and aesthetics, Drawing Distinctions presents a theoretically sophisticated yet approachable argument that will improve comprehension and appreciation of drawing in its many forms, uses, and meanings. (shrink)

Detecting contract cheating in written submissions can be difficult beyond direct plagiarism detectable via technology. Successfully identifying potential cases of contract cheating in written work such as essays and reports is largely dependent on the experience of assessors and knowledge of student. It is further dependent on their familiarity with the patterns and clues evident in sections of body text and reference materials to identify irregularities. Consequently, some knowledge of what the patterns and clues look like is required. (...) This paper documents how to identify some of the patterns and clues observed in essay and report submissions. Effective assessment design with specific contextual requirements make irregularities easier to detect and interpret. The irregularities identified were confirmed as instances of contract cheating through conversations held with postgraduate students. An essential element of the conversations was the evidence presented for discussion. Irregularities were noted on a pro-forma specifically developed for this purpose. Patterns identified include misrepresented bibliographic data, inappropriate references, irrelevant material and generalised text that did not address the assessment question or grading criteria. The validated patterns formed the basis of identifying potential instances of contract cheating in later submissions. Timely conversations with students before the end of semester are essential to determining whether the patterns and clues link to poor knowledge of academic writing conventions or classified as contract cheating necessitating the application of appropriate penalties under institutional policies and procedures. (shrink)

Experiment, instrumentation, and procedures of measurement, the body of practices and technologies forming the technical culture of science, have received at most a cameo appearance in most histories. For the history of science is almost always written as the history of theory. Of course, the interpretation of science as dominated by theory was the main pillar of the critique, launched by Kuhn, Quine, Hanson, Feyerabend, and others, of the positivist and logical empiricist traditions in the philosophy of science. Against (...) Carnap, Hempel, Nagel, and Popper, who accorded observation reports an independent status either as a source of inductive support or as a basis for the falsification of scientific theories, Hanson and Kuhn emphasized the theory-ladenness of observation. They made this central point – that all observation is shaped by reference to theory – the cornerstone of a full-blown philosophy of science by buttressing it with two additional lines of argument: First, theories are always underdetermined by the data, several theories being compatible with the same set of data. Hence, choice between theories is never a matter of empirical support, but always turns around conceptual issues. Second, statements derived from theory never confront nature alone; they are always clothed in a web of interrelated beliefs. Thus, theories, their associated observation languages, and the entire technical culture they support must be accepted or rejected as wholes. (shrink)

Much has been written by many distinguished persons about the philosophical, religious and ethical considerations of doctors and their involvement with torture. What follows will not have the erudition or authority of the likes of St Augustine, Mahatma Gandi, Schopenhauer or Thomas Paine. It represents the views of a very ordinary person; a presumption defended by the submission that many very ordinary persons have been, and will be, instruments for effecting, assisting or condoning the physical or mental anguish of (...) others. As practitioners of medicine, we are particularly vulnerable, since our particular knowledge and our privileged position may be so easily abused--to the detriment of others. Those of us who practice clinical forensic medicine have even greater responsibility by virtue of our daily contact with the enforcement of law, criminal procedure, and the machinations of the judiciary. We are thus particularly well placed to monitor, encourage or discourage the occurrence of evil practices within the community. It is imperative, therefore, that the ordinary doctor should be cognisant of, and be party to, a code of conduct formulated by his peers and having reference to his obligations as a citizen, and doctor, and to his ability to manipulate human activity. Forensic physicians have further discretionary powers as arbiters in the marriage of the art and ethics of healing with the principles and practice of justice. (shrink)

The linguistic studies written by Anna Wierzbicka have been an occasion for the remarks on the relationship between linguistics and philosophy and for the question whether linguistic enquiries entitle us to put forward philosophical theses. In particular, whether and to what extent we indeed learn something philosophically significant about the world (of culture) and the nature man and his mind by examining language. Defining here position as interdisciplinary, Wierzbicka draws on the studies of the relationship between language and culture, (...) language and mind (language is a mirror of the mind - Leibniz). She claims that philosophy can be made a reliable science, provided it is based on linguistics, and the results of linguistic analyses can be found at the grounds of philosophical theses. Such philosophical references are A. Wierzbicka\'s attempts to combine semantics with generativism (Chomsky). Her intention to bring about a holistic description of language through defining elementary expressions (concepts, meanings), the so-called indefinibilia (\"primitives\") can also be called philosophical in character. They suffice to define all the remaining expressions, and basic universal syntactic constructs in the form of a grammar of elementary units, i.e. the ways of combining elementary units into greater wholes. We think that Wierzbicka\'s procedure, her quest after primary elements (of language) are reducing. A. Wierzbicka\'s main idea, with regard to the relationship between language and mind, may be understood as follows: this is a Janus-faced relationship - one face (empirically accessible) is language, the other one is the mind accessible through investigations on language. Both \"faces\" (spheres) are somehow functionally \"glued together\". In fact, however, Wierzbicka speaks little about the philosophically comprehended nature of man, whereas she speaks much about linguistic varieties and similarities among people. Generally speaking, while she declares herself to be a linguist, she has a philosophical temper and ambitions to generalise, i.e. she conducts linguistic studies with an intention to arrive at philosophical theses (by examining language she wants to obtain knowledge about the world and man). She issues statements which go beyond a purely linguistic knowledge and strictly linguistic data, hence they are not made legitimate by the linguistic material itself. A. Wierzbicka does not explain in more detail her way of understanding philosophy, assuming its intuitive comprehension. From some contexts it can be deduced that she takes it to mean a worldview. Should we call some parts of her reasoning a philosophy, it is then not a realistic philosophy but subject-oriented (first-person philosophising), such that touches upon the problems of the borderline between linguistics and philosophy, more concerned with the axis language-user than language-the world. Simultaneously, it is a non-demarcated and non-autonomic philosophising, exactly within the context of science, for it takes advantage of the results of empirical sciences to pose philosophical theses. The belief that philosophy can be pursued within a linguistic context coincides with the approach of analytical philosophy with its linguistic turn. Despite her declarations to make philosophy more scientific, Wierzbicka\'s arguments on behalf of the generalised (philosophical) theses are more their illustration and explication than a decisive legitimacy. Her belief that one can find some common, primitive linguistic units (simplicia) in the form of a complete set of independent concepts for all languages of the world seems Utopian. It is difficult to do it even in deductive systems, constructed by way of the axiomatic method and with a finite set of initial expressions. (shrink)

Clearly written and persuasively argued, this book illustrates how far philosophers of science have progressed since the heyday of logical positivism. In contrast to the positivists who ignored the "context of discovery" while forcing scientific inquiry into their a priori logical constraints of the "context of justification," the present approach carefully examines previous scientific discoveries to determine whether the procedures followed conform to commonly espoused theories of scientific method. Achinstein carries this technique to perfection.

This collection of essays, written on four continents by scientists, philosophers and humanists, was initially presented to Karl R. Popper on his sixtieth birthday as a token of critical admiration and in recognition of his work. But the volume also stands on its own as a remarkable series of statements utilizing Popper's critical vision in the study of philosophy proper, logic, mathematics, science as method and theory, and finally to the study of society and history. What is remarkable is (...) that Popper worked in all of these areas, not in a cursory or discursive way, but with the utmost clarity and rigor.. The core position of this volume and its contributors is that the progress of knowledge is not a linear accumulation of definitive acquisitions but a zigzagging process in which counterexamples and unfavorable evidence ruin generalizations and prompt the invention of more comprehensive and sometimes deeper generalizations, to be criticized in their turn. A critical approach to problems, procedures, and results in every field of inquiry is therefore a necessary condition for the continuance of progress. The title of this volume then is, in a sense, an homage to Popper's critical rationalism and critical empiricism. The essays are a tribute to his unceasing and uncompromising quest, not for final certainty, but for closer truth and increased clarity. Among the contributors are outstanding figures in philosophy and the exact sciences in their own right, including Herbert Feigl, R. M. Hare, J.O. Wisdom, Nicholas Rescher, David Bohm, Paul K. Feyerabend, F. A. Hayek, and Adolf Grunbaum. Social science contributions include Hans Albert on social science and moral philosophy, W. B. Gallie, on the critical philosophy of history, Pieter Geyl on The Open Society and its Enemies, and George H. Nadel on the philosophy of History. (shrink)

Moral problems do not always come in the form of great social controversies. More often, the moral decisions we make are made quietly, constantly, and within the context of everyday activities and quotidian dilemmas. Indeed, these smaller decisions are based on a moral foundation that few of us ever stop to think about but which guides our every action. Here distinguished philosopher Bernard Gert presents a clear and concise introduction to what he calls "common morality" -- the moral system that (...) most thoughtful people implicitly use when making everyday, common sense moral decisions and judgments. Common Morality is useful in that -- while not resolving every disagreement on controversial issues -- it is able to distinguish between acceptable and unacceptable answers to moral problems. In the first part of the book Gert lays out the fundamental features of common morality: moral rules, moral ideals, and a two-step procedure for determining when a violation of a moral rule is justified. Written in a non-technical style, the ten general moral rules include rules on which everyone can agree, such as "do not kill," "do not deceive," and "keep your promises." The moral ideals include similarly uncontroversial precepts such as "Relieve pain" and "Aid the needy." In the second part of the book Gert examines the underlying concepts that justify common morality, such as the notions of rationality and impartiality. The distillation of over 40 years of scholarship, this book is the most accessible version of Gert's influential theory of morality as well as an eye-opening look at the moral foundations of our everyday actions. Throughout the discussion is clear enough for a reader with little or no philosophy background. (shrink)

This work, written from a neo-Pyrrhonian perspective, is an examination of contemporary theories of knowledge and justification. It takes ideas primarily found in Sextus Empiricus's Outlines of Pyrrhonism, restates them in a modern idiom, and then asks whether any contemporary theory of knowledge meets the challenges they raise. The first part, entitled "Gettier and the Problem of Knowledge," attempts to rescue our ordinary concept of knowledge from those philosophers who have assigned burdens to it that it cannot bear. Properly (...) understood, Fogelin shows that the concept of knowledge is unproblematic. The second part of this study, called "Agrippa and the Problem of Justification," examines Agrippa's contribution to Pyrrhonism, a systematic reduction of its procedures which came to be known as the "Five Modes Leading to the Suspension of Belief." These modes present a completely general procedure for refuting any claim a dogmatist might make. Though largely unnoticed, there is, according to Fogelin, an uncanny resemblance between problems posed by Agrippa's "Five Modes" and those that contemporary epistemologists address under the heading of a theory of justification. Fogelin examines the strongest contemporary theories of justification--in both foundationalist and anti-foundationalist forms. The conclusion is that recent philosophical writings on justification have made no significant progress in responding to the Pyrrhonian problems these writings have addressed. (shrink)

Julia Annas has written a monumental work that is in the best sense of the word, a “conversation” with ancient theories of morality. Indeed what we have in the Morality of Happiness is a sustained conversation with the various ancient schools on the nature of eudaimonia and the moral dimensions of the best life for humans. This is a work that takes the Hellenists seriously, and as such, gives us both a fresh way of assessing Aristotle in terms of (...) the refinements that were to come later, as well as insights about the Hellenist foundation of many of our modern formulations. But the trajectory into modern morality is not Annas’ primary aim. On the whole, for the duration of this book, we are immersed in the debate between the various schools themselves and in the richness of their own dialogue. To be sure, there are lessons to be learned for ourselves and our own way of doing moral theory. But these stand out primarily from the contrasts. So for example, Plato’s Protagoras aside, Annas argues that notions of maximization and algorithmic procedures for arriving at right action are not to be found in ancient theory. A “problem-solving mechanism” for hard cases is simply not the ancient preoccupation, despite the fact that conflicts abound in the ancient world no less than in the modern era. (shrink)