In this article I discuss various possible ways of understanding the character of and relations between legal systems in the European Union. In particular, I consider whether there is an EU legal system distinct from and in addition to the national legal systems of EU Member States, or whether it is better to conceive of EU law merely as an aspect of Member States’ legal systems, or indeed whether we should think of there being but a single EU legal system (...) of which Member States’ “national legal systems” are in some sense sub-systems.Resumen:Este artículo discute varios modos posibles de comprender el carácter de los sistemas jurídicos de la Unión Europea y sus relaciones. En particular, se plantea la cuestión de si existe un sistema jurídico en la Unión Europea adicional y distinto del sistema jurídico nacional de los Estados miembros; o si es mejor concebir el derecho de la Unión Europea simplemente como un aspecto de los sistemas jurídicos de los Estados miembros; o bien, si es que deberíamos pensar que no hay sino sólo un sistema jurídico en la Unión Europea con respecto del cual los “sistemas jurídicos nacionales” de los Estados miembros son en cierta forma subsistemas. (shrink)

What are the aims of legal philosophy? Which questions should it seek to address? How should legal philosophers approach and engage with their subject-matter, and what constraints are incumbent on them as they do so? What are the criteria of success of theories of law, and how do we know if they have been met? Can there be progress in legal philosophy? In Elucidating Law, Julie Dickson addresses these and other questions concerning the methodology, or the philosophy, of legal (...) philosophy and offers her own distinctive response to them. The book advocates that legal philosophers should espouse an approach that Dickson terms 'Indirectly Evaluative Legal Philosophy.' This distinctive approach can facilitate legal philosophers' understanding of aspects of the nature of law, whilst avoiding prematurely or inappropriately regarding law as inherently morally valuable. Law is a powerful, systemic, and institutionalized social tool. It should be understood in a manner appropriate to its character. (shrink)

There is a lack of writing on the issue of the education rights of people with disabilities by authors of any theoretical persuasion. While the deficiency of theory may be explained by a variety of historical, philosophical and practical considerations, it is a deficiency which must be addressed. Otherwise, any statement of rights rings out as hollow rhetoric unsupported by sound reason and moral rectitude. This paper attempts to address this deficiency in education rights theory by postulating a communitarian theory (...) of the education rights of people with disabilities. The theory is developed from communitarian writings on the role of education in democratic society. The communitarian school, like the community within which it nests, is inclusive. Schools both reflect and model the shape of communitarian society and have primary responsibility for teaching the knowledge and virtues which will allow citizens to belong to and function within society. Communitarians emphasise responsibilities, however, as the corollary of rights and may require the individual good to yield to the community good when the hard cases arise. The article not only explains the basis of the right to an inclusive education, therefore, but also engages with the difficult issue of when such a right may not be enforceable. (shrink)

In 1976, Edward L. Robertson was part of a panel that discussed the overarching topic of Computers in Developing Nations. At the time, computers were slowly being introduced into mainstream society and thoughts of access or even use was the focus of many discussions. Today, not only has computers and its associated technology evolved but so too has the descriptor "developing nations". Since 1976, computers have moved from being desktops, to being portable and hand-held, thus becoming extremely accessible to the (...) general public. In the same vein, the classification of a country's development has since been modified to include another category --- the emerging market. This newly defined category delineates nations that have rapidly growing societies or business markets from those that are still slowly growing. The participants' contributing to this article are all from countries that are identified by the International Monetary Fund as being either an emerging market or a developing country. Another Non-Governmental Organization, the World Bank only recognizes Oman as being a developed country. To follow the [previous] panels' discussion on the importance of computers in developing nations some questions were revisited and new ones were introduced to provide an up-to-date view of computers as seen by specific countries. (shrink)

This article is a response to a call for a study of international criminal law as an economic phenomenon, going beyond addressing administrability, commensurability, and interpersonal comparison of utility, band instead focusing on problems of institutional choice. This approach differs from the typical methods of normative and descriptive scholarship of international criminal law. An institution like the International Criminal Court can be usefully examined as an international public good, and as such offering little incentives for states such as the United (...) States of America to join as they can enjoy benefits without costs. This article examines the economic basis for the US non-participation in the ICC and grapples with future prospectives. (shrink)

The purpose of this book is to discuss some critical components of Albert Shanker's work in American education, first as a teacher, then as president of the AFT. This is done in the context of the developments that took place in the United States since 1902 and the formation of the AFT in 1916. It focuses on the elements of leadership that were critical to the development of the United States from that time to the present. It presents these developments (...) in the context of Shanker's involvement since 1964. It also focuses on the dynamics of human relations cast in institutional settings. In doing so it presents features of a nation as it struggled with economic, social, and political issues that make society what it is. This discussion is done as a reflection of the need to strengthen democracy. The relations that Shanker has had with other people and organizations forms a critical component of the study. (shrink)

BackgroundTo limit selective and incomplete publication of the results of clinical trials, registries including ClinicalTrials.gov were introduced. The ClinicalTrials.gov registry added a results database in 2008 to enable researchers to post the results of their trials as stipulated by the Food and Drug Administration Amendment Act of 2007. This study aimed to determine the direction and magnitude of any change in publication proportions of registered breast cancer trials that occurred since the inception of the ClinicalTrials.gov results database.MethodsA cross-sectional study design (...) was employed using ClinicalTrials.gov, a publicly available registry/results database as the primary data source. Registry contents under the subcategories ‘Breast Neoplasms’ and ‘Breast Neoplasms, Male’ were downloaded on 1 August 2015. A literature search for included trials was afterwards conducted using MEDLINE and DISCOVER databases to determine publication status of the registered breast cancer trials.ResultsNearly half (168/340) of the listed trials had been published, with a median time to publication of 24 months (Q1 = 14 months, Q3 = 42 months). Only 86 trials were published within 24 months of completion. There was no significant increase in publication proportions of trials that were completed before the introduction of the results database compared to those completed after (OR = 1.00, 95 % CI =.61 to 1.63; adjusted OR = 0.84, 95 % CI =.51 to 1.39). Characteristics associated with publication included trial type (observational versus interventional adjusted OR =.28, 95 % CI =.10 to.74) and completion/termination status (terminated versus completed adjusted OR =.22, 95 % CI =.09 to.51).ConclusionsLess than a half of breast cancer trials registered in ClinicalTrials.gov are published in peer-reviewed journals. (shrink)

Is the quantum-logic interpretation dead? Its near total absence from current discussions about the interpretation of quantum theory suggests so. While mathematical work on quantum logic continues largely unabated, interest in the quantum-logic interpretation seems to be almost nil, at least in Anglo-American philosophy of physics. This paper has the immodest purpose of changing that fact. I shall argue that while the quantum-logic interpretation faces challenges, it remains a live option. The usual objections either miss the mark, or admit a (...) reasonable answer, or fail to decide the issue conclusively. (shrink)

If observation is ‘theory-laden’, how can there be ‘observationally equivalent theories’? How can the observations ‘laden’ by one theory be ‘the same as’ those ‘laden’ by another? The answer might lie in the expressibility of observationally equivalent theories in a common mathematical formalism.

This book examines in detail two of the fundamental questions raised by quantum mechanics. First, is the world indeterministic? Second, are there connections between spatially separated objects? In the first part, the author examines several interpretations, focusing on how each proposes to solve the measurement problem and on how each treats probability. In the second part, the relationship between probability (specifically determinism and indeterminism) and non-locality is examined, and it is argued that there is a non-trivial relationship between probability and (...) non-locality. The author then re-examines some of the interpretations of part one of the book in the light of this argument, and considers how they fare with regard to locality and Lorentz invariance. The book will appeal to anyone with an interest in the interpretation of quantum mechanics, including researchers in the philosophy of physics and theoretical physics, as well as graduate students in those fields. (shrink)

An outstanding problem in so-called modal interpretations of quantum mechanics has been the specification of a dynamics for the properties introduced in such interpretations. We develop a general framework (in the context of the theory of stochastic processes) for specifying a dynamics for interpretations in this class, focusing on the modal interpretation by Vermaas and Dieks. This framework admits many empirically equivalent dynamics. We give some examples, and discuss some of the properties of one of them. This approach is applicable (...) to a wider class of theories, in particular, those using (discrete) strict effective—as in decoherence theory—superselection rules. (shrink)

Addressing a wide range of topics, from Newton to Post-Kuhnian philosophy of science, these essays critically examine themes that have been central to the influential work of philosopher Michael Friedman.

Quantum mechanics has sometimes been taken to be an empiricist (vs. realist) theory. I state the empiricist's argument, then outline a recently noticed type of measurement--protective measurement--that affords a good reply for the realist. This paper is a reply to scientific empiricism (about quantum mechanics), but is neither a refutation of that position, nor an argument in favor of scientific realism. Rather, my aim is to place realism and empiricism on an even score in regards to quantum theory.

This paper examines Judith Shklar’s Legalism in light of the paradox that emerges clearly from a law-based approach to international crises that ought to be evaluated on the basis of whether the judicial initiative—the cases examined are primarily drawn from ad hoc UN Security Council tribunals—promote, in Shklar’s words, “decent politics.” The question of whether this notion is exclusively related to liberalism, and whether it may run contrary to the role of defense counsel in such trials—deeply anchored in the liberal (...) tradition of the protection of individual liberty, and yet confronted to the politics of international criminal law and international relations, however theorized—is fundamental, as “decent politics” compete with the legalistic imperatives of the defense, and the liberal foundation of the legal systems from which UN trials have emerged. Legalism provides a theoretical thread to examine the emergence of international criminal trials as well as the relation between the universality of law and history and the politics of memory, which figure prominently as political phenomena in these trials, but which may run contrary to the liberalism inherent in the legalist form. (shrink)

Stapp's attempt to derive Bell's Inequality from a weak locality condition while retaining indeterminism, requires careful scrutiny to ensure unambiguous definitions and valid reasoning. Such scrutiny reveals that the argument is fallacious. This result is obtained without commitment to any particular formal analysis of truth conditions for counterfactuals nor to conditions for world similarity.

In this article I examine the view, common amongst several contemporary legal positivists, that rules of recognition are to be understood as conventional rules of some kind. The article opens with a discussion of H.L.A. Hart's original account of the rule of recognition in the 1st edn of The Concept of Law and argues that Hart did not view the rule of recognition as a conventional rule in that account. I then discuss Hart's apparent turn towards a conventionalist understanding of (...) the rule of recognition in the ‘Postscript’ to the 2nd edn of The Concept of Law, and attempt to cast doubt on the strength of Hart's commitment to such a turn, and on the reasons prompting him to make it. Finally, I consider one of the most interesting contemporary conventionalist accounts of rules of recognition, namely Andrei Marmor's view that such rules should be understood as the constitutive conventions of partly autonomous social practices. My aim in this part of the article is to compare Marmor's account with my earlier interpretation of Hart's views, and to consider whether Marmor's account truly is conventionalist in character and whether it provides us with a persuasive conventionalist understanding of rules of recognition. (shrink)

The purpose of this study was to map the distribution of publications on plagiarism among higher educational institutions in sub-Saharan Africa (SSA). Studies reviewed were based on 171 plagiarism related publications within a decade (2012–2022). Findings revealed that most plagiarism related articles were published in 2016. Additionally, a majority of the studies (53) were from Nigeria and Ghana (23). Most of the articles focused on students’ and faculty’s awareness of plagiarism, and institutional prevention of plagiarism, but were rather marginal on (...) challenges involved in preventing plagiarism, as well as effects of plagiarism. Dominant forms of plagiarism were self-plagiarism, branded plagiarism and commission plagiarism. However, major causes of plagiarism comprised easy access to digital information and resources; poor supervision of students; pressure on academics to publish for promotion; and insufficient skills development regarding ethical academic writing. Additionally, plagiarism preventive software and policies on plagiarism were the main ways of preventing plagiarism. Finally, in fighting plagiarism, higher educational institutions in SSA encountered challenges such as lack of well-trained academic experts to detect and report plagiarism cases; reluctance on the part of technical administrative staff to investigate works for traces of plagiarism; and low plagiarism detection skills from project supervisors. Based on the findings, recommendations are made to stakeholders for future research, policy and practice. (shrink)

This essay is a discussion of the philosophical and foundational issues that arise in non-relativistic quantum theory. After introducing the formalism of the theory, I consider: characterizations of the quantum formalism, empirical content, uncertainty, the measurement problem, and non-locality. In each case, the main point is to give the reader some introductory understanding of some of the major issues and recent ideas.

Drawing on constructionist theory, this study examines how the media portrayed five public reporting events initiated by the Fair Labor Association (FLA), considering whether the coverage encourages or discourages companies from undertaking a reporting initiative as part of their ethical management. Media coverage was limited but generally favorable across all five events. Coverage frequently included claims made by FLA spokespersons and provided basic facts about the organization and its activities. Extensive detail about labor violations found by monitors was often included. (...) Additional media coverage centered around themes of public reporting and transparency, an assessment of the FLA’s work, brand accountability and responsibility of corporations with regard to working conditions and labor standards, and specifics about the factory monitoring and partnering with factories and NGOs that is necessary to achieve change. Counter-claims brought question to the FLA’s efforts. Explanations about why the social condition exists were fairly limited, and thus, provided little insight into how the problems might be resolved. We discuss managerial implications regarding public reporting initiatives and media coverage, particularly regarding the countering effects of positive coverage and diminishing news stories. (shrink)

Realist synthesis is often offered as a useful strategy to understand intervention complexity. Its unique selling point is its basis in a critical realist philosophy of science. However, we argue t...

Bohr’s reply to Einstein, Podolsky, and Rosen’s argument for the incompleteness of quantum theory is notoriously difficult to unravel. It is so diffcult, in fact, that over 60 years later, there remains important work to be done understanding it. Work by Fine , Beller and Fine , and Beller goes a long way towards correcting earlier misunderstandings of Bohr’s reply. This essay is intended as a contribution to the program of getting to the truth of the matter, both historically and (...) philosophically. In a paper of this length, a full account of Bohr’s reply is impossible, and so I shall focus on one issue where it seems further clarification is required, namely, Bohr’s attempt to illustrate EPR’s argument by means of a thought experiment. In addition, I shall attempt to clarify a few other points which, however minor, have apparently contributed to misunderstandings of Bohr’s position. As the title of this paper suggests, an account of these few points does not constitute an account of Bohr’s reply, but it is an important step in that direction. (shrink)