After the French Revolution, the codification movement led to the introduction of the Dutch Civil Code and the Commercial Code of 1838. These codifications were generally regarded as the bedrock of a dogmatic system in which little space was left for customs and customary law. Mercantile jurists, such as Holtius and Levy, were opponents of the legalistic approach of the new codifications. They tried to separate mercantile law from civil law in order to protect mercantile law from excessive legalistic influences. (...) According to them, mercantile law was characterised by internationality, custom as its main source of law, continuity through an extended mercantile legal history and by good faith and mutual trust between the merchants. Out of these, the historicity and homogeneity of a strong community of merchants are particularly in line with a traditional and conservative view on society. Holtius and Levy, however, had little in common with their Christian-conservative contemporaries. On the one hand, they rather seemed to foreshadow the kind of liberal-conservatism as expressed by Hayek during the 20th century. On the other hand, their ideas have much in common with different lex mercatoria –traditions developed by authors as Goldman and Schmitthoff. On the aspects of historicity and internationality Holtius and Levy seem to have much in common with Hayek whereas concerning communality and the legal nature of customary law there are more similarities with the lex mercatoria-traditions. (shrink)

Het Leids-Haags Allegorieënlexicon toont nieuwe perspectieven op de maatschappelijke werkelijkheid met een actuele duiding van vijftig kernthema’s uit de wetenschap. De auteurs zijn de duale promovendi en hun promotores van Leiden University Dual PhD Centre The Hague. Ze worden daarbij geïnspireerd door de metafoor van de grot van Plato: Waar ben ik? Waar sta ik? Welk beeld zie ik? Hoe kan ik dat begrijpen? Er ontstaan beeldende voorstellingen van begrippen waarin op zoek wordt gegaan naar de centrale gedachten die ten (...) grondslag liggen aan die begrippen. Zo wordt de veranderende wereld waargenomen met het besef dat we nooit kunnen weten of we de gehele werkelijkheid kunnen zien of begrijpen. De waarneming is afhankelijk van de zichtpositie die de waarnemer inneemt. Zo ontstaan verbeeldingen van waarnemingen van ons menselijk bestaan. Zoals: assimilatie, creativiteit, gender, kunstenaarschap, magistraat, participatie, regels, tragedie en verzorgingsstaat. Eerst wordt actuele literatuur besproken. Daarna volgt discussie. Tenslotte neemt de auteur positie in. Met bijdragen van promotores Wilfried Admiraal, Ingrid van Biezen, Hans Borgman, Paul Cliteur, Jaap van den Herik, Rikki Holtmaat, Willem Otterspeer, Jos Raadschelders, Robert Tijssen, Wim Willems en promovendi. (shrink)

‘Scientific dishonesty’ implies the fabrication, falsification or plagiarism in proposing, performing or reviewing research or in reporting research results. A questionnaire was given to postgraduate students at the medical faculties in Sweden who attended a course in research ethics during the academic year 2008/2009 and 58% answered (range 29%–100%). Less than one-third of the respondents wrote that they had heard about scientific dishonesty in the previous 12 months. Pressure, concerning in what order the author should be mentioned, was reported by (...) about 1 in 10 students. We suggest that all departments conducting research should have a written policy about acceptable research behaviour and that all doctoral students should be informed of the content of this policy. Participants in the research groups concerned should also be required to analyse published articles about scientific dishonesty and critically discuss what could be done about unethical conduct. (shrink)

T. A. Cavanaugh defends double-effect reasoning (DER), also known as the principle of double effect. DER plays a role in anti-consequentialist ethics (such as deontology), in hard cases in which one cannot realize a good without also causing a foreseen, but not intended, bad effect (for example, killing non-combatants when bombing a military target). This study is the first book-length account of the history and issues surrounding this controversial approach to hard cases. It will be indispensable in theoretical ethics, applied (...) ethics (especially medical and military), and moral theology. It will also interest legal and public policy scholars. (shrink)

In this paper, we report on the development of The Sustainable Port video game, which aims to simulate the complex dynamics and decisions occurring in the present and future development of a port area considering environmental aspects (CO2 emissions) and profit. To evaluate if this game fulfills its purpose, we asked 75 students and 34 employees at the Port of Rotterdam (PoR) to play The Sustainable Port. Our results show that PoR employees score higher than students suggesting a transfer between (...) real-life experience of being an employee in the port and performance in the game. Furthermore, port participants reported that The Sustainable Port can be successfully used to start discussions about the future of the Port of Rotterdam and to raise awareness about the complexity characterizing the decision-making processes occurring in a port environment. Our results, taken together, provide evidence of the effectiveness of The Sustainable Port in simulating dynamics occurring in port development and give us optimism about future applications. (shrink)

Laland and colleagues have sought to challenge the proximate–ultimate distinction claiming that it imposes a unidirectional model of causation, is limited in its capacity to account for complex biological phenomena, and hinders progress in biology. In this article the core of their argument is critically analyzed. It is claimed that contrary to their claims Laland et al. rely upon the proximate–ultimate distinction to make their points and that their alternative conception of reciprocal causation refers to phenomena that were already accounted (...) for by standard theory. (shrink)

In the face of the moral pluralism that results from the death of God and the abandonment of a God's eye perspective in secular philosophy, bioethics arose in a context that renders it essentially incapable of giving answers to substantive moral questions, such as concerning the permissibility of abortion, human embryonic stem cell research, euthanasia, etc. Indeed, it is only when bioethics understands its own limitations and those of secular moral philosophy in general can it better appreciate those tasks that (...) it can actually usefully perform in both the clinical and academic setting. It is the task of this paper to understand and reevaluate bioethics by understanding these limits. Academic bioethicists can analyze ideas, concepts, and claims necessary to understanding the moral questions raised in health care, assessing the arguments related to these issues, and provide an understanding of the different moral perspectives on bioethical issues. In the clinical setting, bioethicists can provide legal advice, serve as experts on IRBs, mediating disputes, facilitating decision-making and risk management, and clarifying normative issues. However, understanding this is only possible when one understands the history, genesis, and foundations of bioethics and its inability to provide a resolution to postmodern moral pluralism. (shrink)

Background Biobank participants often do not understand much of the information they are provided as part of the informed consent process, despite numerous attempts at simplifying consent forms and improving their readability. We report the first assessment of biobank enrollees’ comprehension under an "integrated consent” process, where patients were asked to enroll in a research biobank as part of their normal healthcare experience. A number of healthcare systems have implemented similar integrated consent processes for biobanking, but it is unknown how (...) much patients understand after enrolling under these conditions. Methods: We recruited patients who enrolled in a biobank while in a healthcare setting when receiving ordinary care. We assessed knowledge of consent materials using 11 true/false questions drawn from a well-known biobank knowledge test. After reviewing the results from 114 participants, we revised the consent form and repeated the knowledge assessment with 144 different participants. Results: Participants scored poorly on the knowledge test in both rounds, with no significant differences in overall scores or individual items between the rounds. In Phase 1, participants answered 53% of the questions correctly, 25% incorrectly, and 22% “I don’t know.” In Phase 2, participants answered 53% of questions correctly, 24% incorrectly, and 23% “I don’t know.” Participants scored particularly poorly on questions about data sharing and accessing medical records. Conclusions: Enrollees under an integrated consent model had significant misunderstandings that persisted despite an attempt to improve information specifically about those topics in a consent form. These results raise challenges for current approaches that attribute misunderstanding to overly complex consent forms. They also suggest that the pressures of the clinic may compound other problems with patient understanding of biobank consent. As health systems increasingly blend research and care, they may need to rethink their approach to educating patients about participation in a biobank. (shrink)

According to the indispensability argument, scientific realists ought to believe in the existence of mathematical entities, due to their indispensable role in theorising. Arguably the crucial sense of indispensability can be understood in terms of the contribution that mathematics sometimes makes to the super-empirical virtues of a theory. Moreover, the way in which the scientific realist values such virtues, in general, and draws on explanatory virtues, in particular, ought to make the realist ontologically committed to abstracta. This paper shows that (...) this version of the indispensability argument glosses over crucial detail about how the scientific realist attempts to generate justificatory commitment to unobservables. The kind of role that the Platonist attributes to mathematics in scientific reasoning is compatible with nominalism, as far as scientific realist arguments are concerned. (shrink)

Accumulating evidence for the unique social, behavioral, and physical health benefits of positive emotion and related well-being constructs has led to the development and testing of positive psychological interventions (PPIs) to increase emotional well-being and enhance health promotion and disease prevention. PPIs are specifically aimed at improving emotional well-being and consist of practices such as gratitude, savoring, and acts of kindness. The purpose of this narrative review was to examine the literature on PPIs with a particular focus on positive emotion (...) outcomes. We evaluated the evidence on the effects of PPIs on positive emotion specifically, and discussed the range of evidence regarding the relative responsiveness of emotion measures to PPIs in order to gain a better understanding of the specific emotional pathways through which PPIs influence psychological and physical well-being. We conclude with recommendations for best evaluating effects of PPIs on positive emotion outcomes. (shrink)

In this book, T. L. Short places the notorious difficulties of Peirce's important writings in a more productive light, arguing that he wrote philosophy as a scientist, by framing conjectures intended to be refined or superseded in the inquiries they initiate. He argues also that Peirce held that the methods and metaphysics of modern science are amended as inquiry progresses, making metaphysics a branch of empirical knowledge. Additionally, Short shows that Peirce's scientific work expanded empiricism on empirical grounds, grounding his (...) phenomenology and subverting the fact/value dichotomy, and that he understood statistical explanations in nineteenth-century science as reintroducing the idea of final causation, now made empirical. Those innovations underlie Peirce's late ideas of a normative science and of philosophy as a branch of science. Short's rich and original study shows us how to read Peirce's writings and why they are worth reading. (shrink)

This note argues that repeated uses of onus ‘burden’ in Plaut. Asin. 591–745 pun on Greek ὄνος ‘ass’ and, in so doing, activate a network of other puns and hints at the play's title, asses (the animal), and both homoerotic and anal sex.

Serious games are an effective method of reproducing aspects of the complex interplay between environments and stakeholders in business situations. In the game we describe here, The Sustainable Port, players experience what it is like to make decisions in such a complex environment. Their aim in the game is to grow the Port of Rotterdam while keeping economic growth in balance with sustainability goals. In this study, we assessed whether experienced Port of Rotterdam employees (PoR employees) show different psychophysiological patterns, (...) and more specifically EAR-derived features, compared to students. We did this on the assumption that physiological patterns will tell us something about how people who are familiar with the environment of the Port of Rotterdam, more specifically Port of Rotterdam employees, make decisions compared to those lacking such familiarity.Our sample consisted of 28 PoR employees and 65 students, all of whom played The Sustainable Port game and had their faces recorded with a camera. The Eye Aspect Ratio was extracted from these recordings and then from those we extracted EAR-derived features. Our results show that Port of Rotterdam employees perform better than students and that the two groups are characterized by different physiological variations in their EAR-derived features. A logistic regression model used to identify PoR employees and students obtained an F1 score of 0.62, a PR AUC score of 0.64, and a ROC AUC score of 0.70. performing significantly above baseline suggesting the effectiveness of using EAR-derived features for this task. Our interpretation was further confirmed by a pseudo-R2 score used to evaluate the goodness of fit of a logistic regression model on the entire dataset. We found that Port of Rotterdam employees had a lower variation in blink rate per minute (blinks/m) and higher variation in the root mean square difference of successive difference in blinks (RMSSD), the consecutive difference between two continuous blinks. Moreover, this study shows that our methods were robust enough to negate the effects of confounders, such as biological sex and age that affect some other studies that analyze blinks. (shrink)

Personalised learning systems—systems that predict learning needs to tailor education to the unique learning needs of individual students—are gaining rapid popularity. Praise for educational technology is often focused on how technology will benefit school systems, but there is a lack of understanding of how it will affect the student and the learning process. By uncovering what the meaning of ‘personal’ is in educational philosophy and as embodied in the technology, we illustrate that these two understandings are different regarding the autonomy (...) of the student. Personalised learning technology, therefore, bears the risk of failing to achieve its educational ideal of what personalisation should be. We also illustrate how personalised learning technology effects student autonomy by requiring the intensive tracking of the learning process, exposing them to privacy and data protection risks. We do not claim that education does not need technology, but we want to illustrate the importance of values as drivers of innovation. (shrink)

Recent work on extended mind theory has considered whether the material realizers of phenomenally conscious states might be distributed across both body and world. A popular framework for understanding perceptual consciousness in world-involving terms is sensorimotor enactivism, which holds that subjects make direct sensory contact with objects by means of their active, exploratory skills. In this paper, I consider the case of emotional experience, and argue that although the enactivist view does not transfer neatly to this domain, there are elements (...) of emotional consciousness whose physical underpinnings include parts of the extra-bodily environment. (shrink)

Gametes, tissue, and organs can be taken from the dying or dead for reproduction, transplantation, and research. Whole bodies as well as parts can be used for teaching anatomy. While these uses are diverse, they have an ethical consideration in common: the claims of the people whose bodies are used. Is some use permissible only when people have consented to the use, actually wanted the use, would have wanted the use, not opposed the use, or what? The aim of this (...) article is to make progress in answering these questions. Initially I assume knowledge of people’s desires in order to test whether consent is directly required by their rights without worrying about mistaken uses against their wishes. I claim consent is not directly required by people’s rights. If we know people wanted or would want a use, their rights permit the use, but if we know they wanted or would want not to be used, their rights do not permit the use. The knowledge assumption is then dropped and the question becomes how to decide what to do when the wishes of rightholders are not known. I suggest working out what to do when wishes are known and then adjusting, on the basis of whatever evidence there is, for probability and strength of desire. There are other considerations too, for instance about default rules. The key general comment here is that, in setting rules, the costs to rightholders in not getting what they want needs to be taken into account. The final section tries to show that, in setting these rules, mistaken uses are not to be taken as worse than mistaken failure to use. (shrink)

A medical centre is an institution established for a specific purpose: to facilitate the health and health-related welfare of the medical centre's patients. Within this institution, there are a variety of professionals who act and interact to serve this purpose. Of particular interest is the interaction between physician and nurse. Generally, the nurse is thought to be under a certain obligation to implement a physician's orders unless there is good reason not to do so. This qualifier places a conflicting obligation (...) upon the nurse not to implement some physician orders. How should a judgement about which orders there is 'good reason' not to implement be made? I propose to approach this question through an analysis of the obligation the nurse has to implement the order of a physician, and the conditions under which the order does not pose such obligations. This analysis will consist of an examination of the obligation in terms of the purposive authority of the physician. For example, in the context of the medical centre, the physician's medical training qualifies her as best able to make determinations of what treatment would promote the patient's health. However, this purpose not only serves as the basis of the physician's authority, but also serves as a limitation upon the physician's authority (for example, an order which would harm the patient would not reflect the purpose for which the physician has been given authority). Thus, a philosophical investigation into the nature of the obligation to implement a physician's orders can help to clarify those occasions when a nurse should not implement an order. (shrink)

Getting Emotional -- Constructing Discourse -- Telling and Remembering -- Inviting Emotional Tellings -- Eliciting Feelings -- (re)formulating Emotionality -- Managing Emotionality and Distress -- Being Negative -- Reflecting Back, Moving Forward.

The national opioid epidemic is severely impacting Indian Country. In this article, we draw upon data from the Centers for Disease Control and Prevention to describe the contours of this crisis among Native Americans. While these data are subject to significant limitations, we show that Native American opioid overdose mortality rates have grown substantially over the last seventeen years. We further find that this increase appears to at least parallel increases seen among non-Hispanic whites, who are often thought to be (...) uniquely affected by this crisis. We then profile tribal medical and legal responses to the opioid epidemic, ranging from tribally-operated medication-assisted therapy to drug diversion courts rooted in traditional tribal cultures. (shrink)

The aim of this study was to test whether an online video game can be used to investigate planning ability and whether fluid intelligence, objective numeracy, and subjective numeracy are predictive of game performance. Our results demonstrate that fluid intelligence is particularly important, which is in line with previous non-game-based studies that show a relationship between classical planning tests and fluid intelligence. Video games have been previously used for research into cognitive processes and taking them online facilitates data collection on (...) a larger scale. Online video games also afford data collection without the expense and stress of a laboratory environment. For these reasons, using online video games to investigate human cognition is a promising alternative to the classic cognitive paradigms used in laboratories. (shrink)

Metaphor is a significant tool in the recontextualization of specialized knowledge in popularizations transmitted through the mass media. This study explores metaphor in popularizations of scientific articles on cancer in the English press. Metaphors used for cancer and cancer research were identified and analysed in a corpus of 37 articles from The Guardian. Special attention was paid to the aspects emphasized and de-emphasized as they can have potential ideological implications. Fifteen conceptual metaphors were identified in the corpus, ranging from the (...) most frequent CANCER IS WAR to an isolated reference to Achilles' heel. The average was 2.9 metaphors per text. The quantitative data and contextual analysis indicate that no single metaphorical system is sufficient to represent the complexity of cancer-related knowledge. Metaphors are used in combination to perform three main functions, attracting the reader, structuring and explaining scientific concepts, and organizing the text into a narrative. (shrink)

There are many ways to assess face perception skills. In this study, we describe a novel task battery FEAST (Facial Expression Action Stimulus Test) developed to test recognition of identity and expressions of human faces as well as stimulus control categories. The FEAST consists of a neutral and emotional face memory task, a face and object identity matching task, a face and house part-to-whole matching task, and a human and animal facial expression matching task. The identity and part-to-whole matching tasks (...) contain both upright and inverted conditions. The results provide reference data of a healthy sample of controls in two age groups for future users of the FEAST. (shrink)

Background. In some organisations, traumatic events via direct or indirect exposure are routine experiences. A NICE review (2005; updated in December 2018) of Post-Traumatic Stress Disorder (PTSD) management in primary and secondary care did not address early interventions for trauma in emergency response organisations. Aims. This scoping review was designed to identify previous research which evaluated the use of early interventions following exposure to primary or secondary trauma, to report on the effectiveness of early interventions models. Method. A scoping review (...) was conducted to examine early interventions for trauma with staff in roles potentially exposed to trauma including: emergency response, military and humanitarian aid. Relevant data was extracted from included studies and outcomes were assessed using meta-ethnography. Results. Fifty studies of mixed quality met the inclusion criteria for this review. Synthesis of study outcomes found that early interventions help emergency responders to manage post-incident trauma when they: are delivered in a manner that respects distinct organisational culture; are supported by organisations and senior management, and; harness existing social cohesion and peer support systems within teams. Conclusions. This review demonstrates that early interventions support emergency responders following exposure to trauma when: tailored to the needs of the population, are supported by the host organisation, and harness existing social cohesion and peer support processes within a team or unit. We identify a number of recommendations for the delivery and evaluation of early interventions for psychological trauma in emergency response organisations. (shrink)

In the history of culture there are "linking" themes, a common interest in which sometimes brings quite distant periods closer together. One such theme that affects the contemporary understanding of medieval culture is, in our view, the problem of speech and silence as types of relation to reality based, respectively, on its intelligible differentiation and its total acceptance as such.

I am not so insular and I hope not so presumptuous as to suppose that there is no contemporary philosophy apart from that empiricism which dominates very much of Great Britain, North America and Scandinavia. So let us notice that contemporary philosophy embraces broadly three points of view, though it will be part of my argument that they largely combine in the lessons they have to teach us, and in many of their implications for theology.

What is the dry garment which Sceparnio offers to the sea-soaked Charmides? First of all, there is doubt about the spelling of the word. The Palatine tradition is tigillum, though T has tixillum; the Ambrosian palimpsest is provokingly defective at this point and Studemund was unable to determine whether the vowel is e or i. Since the beginning of the sixteenth century editors have chosen to print tegillum, being influenced by notes preserved in the collections of two grammarians—Nonius and Paulus. (...) I quote these from Lindsay's Teubner editions. (shrink)

The world changes and we are encouraged to change with it, but is all change good? This book asks us to stop and consider whether the higher education we are providing, and engaging in, for ourselves and our societies is what we ought to have, or what commercial interests want us to have. In claiming that there is a place for a higher education of learning, such as the university, amongst our array of tertiary options the book attempts to explore (...) what this might be. Drawing from the existential literature and in particular Heidegger, the book investigates the case for such a form of higher education and settles on existential trust as the ground upon which the community of scholars that ought to be the university can flourish. This book is written for those who are concerned about the trends towards performativity and for those who are not yet so concerned! It offers a controversial and, some might say, idealistic view of what might be but makes no apology for that since the book proposes that higher education is becoming evermore unacceptable for those who value democracy, tolerance and learning. (shrink)

Level statistics and nodal point distribution in a rectangular semiconductor quantum dot are studied for different degrees of spin-orbit coupling. The chaotic features occurring from the spin-orbit coupling have no classical counterpart. Using experimental values for GaSb/InAs/GaSb semiconductor quantum wells we find that level repulsion can lead to the semi-Poisson distribution for nearest level separations. Nodal lines and nodal points are also investigated. Comparison is made with nodal point distributions for fully chaotic states.