Setting out the 'state of the art' in proportionality doctrine, this book combines theoretical reconstruction with case-law examples, defending and developing the dominant model of proportionality.

This book considers Robert Brandom's philosophy and presents an original and exciting analysis of the semantic argument in legal argumentation.

A proposta inicial desse estudo é mostrar como o vegetarianismo além de ser naturalmente adequado também é eticamente recomendável para sociedade. Os argumentos apresentados focam principalmente no conceito de alma para Aristóteles (384 a.C. - 322 a.C.), filósofo grego, seguidor de Platão e autor de “De Anima”.Também é utilizado como base o livro “Sobre comer carne” de Plutarco (46 d.C. –120 d.C.), filósofo platônico e historiador grego, para mostrar como o argumento de instinto natural de predador do homem é uma (...) farsa e como na verdade seria melhor não comer proteína animal.O texto é apenas uma pequena introdução a um assunto amplo como o Vegetarianismo, de modo que o objetivo é entender como Aristóteles que não era vegetariano, e defendia que pode ser interpretado como um defensor da superioridade humana em relação aos outros seres naturais, o homem poderia comer carne, e se apossar dos animais, acabou defendendo o vegetarianismo. Ao final mostro porque é antiético o consumo de carne pela humanidade.Palavras chave: vegetarianismo; alma; saúde. (shrink)

Somatic awareness is bodily sensation imbued with consciousness. Directing and cultivating somatic awareness is a practice fundamental to many therapeutic and spiritual enterprises. Recent developments in neuroscience attempt to explain the operational aspects of somatic awareness. But it has long been a topic of conversation in other paradigms, from philosophy to health care. Somatic input provides information for use in wellness treatment applications, including therapeutic bodywork. Yet few massage therapy scholarly investigations aim to capture the quality of body awareness experience. (...) The essence of the experience and its associated language remain imprecise and under-explored holistically.This article implements the therapeutic practice technique of the Body Scan to capture the essence of an inner body exploration (proprioception and interoception). Based on a narrative collected during a verbally self-directed exercise, a phenomenological description is explicated to represent one incidentof internal body experience. The pilot study suggests that the Body Scan offers potential as a research tool, as well as a modality for therapeutic intervention. (shrink)

Phenomenological inquiry offers a vehicle for transcending conventional disciplinary boundaries and investigative settings. Van Manen's protocol writing offers a hermeneutic tool for human scientific phenomenological research that is ideal for the empirical realm of everyday lived experience. Underlying this approach is the tenet that interpretative phenomenological research and theorizing cannot be separated from the textual practice of writing. The entirety of this paper is a protocol, in the form of a phenomenological self-study. It describes one experience in an unfamiliar environment (...) as a criminal trial juror. It represents data capture that can stand alone for purposes of independent interpretation. Since qualitative research in the venue described is limited by protective judicial restrictions, this phenomenological protocol captures unique data in an otherwise inaccessible setting. It suggests that protocol writing offers potential as a research tool in a myriad situations where conventional data collection techniques are impractical or unavailable. (shrink)

Visual attentional processes have been an important topic in psychological research for years. Over the last few decades, new methods have been developed, aiming to explore the characteristics of the focus of attention in more detail. Studies that applied the “Attention-Window Task” quantified the maximum extent of the “Attention Window” along its horizontal, vertical, and diagonal meridians, when subjects were required to perceive two peripheral stimuli simultaneously. In three experiments using the AWT, we investigated the effects of cue validity, stimulus-onset (...) asynchrony, and target stimuli complexity on the size and shape of the AW. Results showed that the AW was greater under valid cue conditions compared to invalid conditions, when the locations of cue and target stimuli differed. Furthermore, the AW decreased when the SOA between the cue and targets was reduced and also when the task complexity was higher and more objects within the target stimuli had to be classified. Overall, it can be stated that the AWT with its possible task changes and adjustments can be considered as a potential standard tool to measure the maximum spread and shape of the spatial AW. (shrink)

This article investigates the concept and the construction of judicial discretion. The strengths and weaknesses of both Dworkin and Hart are analysed, and in view of these, it is argued that a full picture of judicial discretion is between the two extremes. Thus, a moderate theory of judicial discretion is maintained which is based on achievements by Robert Alexy (2002b). The article develops a balancing model of discretion and relates it to the theory of legal argumentation. The limits of discretion (...) and the relation between structural (strong) and epistemic (weak) discretion are addressed in detail, both with illustrations from the jurisdiction of the German Federal Constitutional Court. (shrink)

Derechos fundamentales, intereses y triunfos -- Proporcionalidad y moral -- El problema de la inconmensurabilidad -- Objeciones adicionales -- Análisis de caso.

In recent years, the postulation that deception is necessary for placebos to have an effect on pain relief or increased well-being has come into question. Latest studies have shown that an openly administered mock drug works just as well as a deceptively administered placebo on certain complaints. This open-label placebo effect has primarily been used in the area of pain treatment so far. This study is the first to examine the effect of such placebos on healthy individuals with the use (...) of drinking water. In two experiments, participants were required to use certain specified water bottles for their daily drinking water consumption. At the beginning of Experiment 1, all participants received one bottle of water, which they were asked to refill themselves each day during a 2-week intervention period. In Experiment 2, participants received a new sealed water bottle every day. In both experiments, participants were randomly assigned to one of four groups: no treatment, open-label placebo without rationale, open-label placebo with rationale, and open-label placebo with additional rationale in a suggested relaxed state. We conducted baseline and post-treatment measurements of the subjective perceived physical and mental well-being of the participants. In Experiment 1, only the OPR++ group reported enhanced vitality at the post-treatment level compared to the other groups. In Experiment 2, post-treatment measurements showed improvements for the OPR++ group in the Physical Performance Capability, Mental Performance Capability, Emotional Balance, Overall Recovery, Negative Emotional State, and Overall Stress categories compared to the other groups. Our results support the idea that placebos with an additional rationale in a suggestive relaxed state are more effective than with just a rationale in a normal state. Furthermore, our study shows the tendency that OLP++ in the form of water with health claims may be more effective when the water is given in several sealed bottles separately than in one sealed but refillable bottle. (shrink)

What is the core of legal scholarship? How can we understand its relation to other disciplines, such as moral and political philosophy, sociology, and economics? I explore these questions by analysing the impact of the dual nature thesis. Criticising established theories of legal scholarship, I defend the ideal of an integrative jurisprudence. Integrative jurisprudence combines the two dimensions of law by employing analytical, empirical, and normative methods. I then discuss three objections and address the problem of how to bridge is (...) and ought. In the course of my analysis of three different bridge theories, I ultimately further develop the dual nature thesis into a triadic nature thesis. (shrink)

This volume gathers leading figures from legal philosophy and constitutional theory to offer a critical examination of the work of Robert Alexy.

Background: Bioethics consultations are conducted in varied settings, including hospitals, universities, and other research institutions, but there is sparse information about bioethics consultations conducted in corporate settings such as pharmaceutical companies. The purpose of this article is to describe a bioethics consultation service at a pharmaceutical company, to report characteristics of consultations completed by the service over a 6-year period, and to share results of a consultation feedback survey. Methods: Data on the descriptive characteristics of bioethics consultations were collected from (...) 2008 to 2013 and analyzed in Excel 2007. Categorical data were analyzed via the pivot table function, and time-based variables were analyzed via formulas. The feedback survey was administered to consultation requesters from 2009 to 2012 and also analyzed in Excel 2007. Results: Over the 6-year period, 189 bioethics consultations were conducted. The number of consultations increased from five per year in 2008 to approximately one per week in 2013. During this time, the format of the consultation service was changed from a committee-only approach to a tiered approach (tailored to the needs of the case). The five most frequent topics were informed consent, early termination of a clinical trial, benefits and risks, human biological samples, and patient rights. The feedback survey results suggest the consultation service is well regarded overall and viewed as approachable, helpful, and responsive. Conclusions: Pharmaceutical bioethics consultation is a unique category of bioethics consultation that primarily focuses on pharmaceutical research and development but also touches on aspects of clinical ethics, business ethics, and organizational ethics. Results indicate there is a demand for a tiered bioethics consultation service within this pharmaceutical company and that advice was valued. This company's experience indicates that a bioethics consultation service raises awareness about bioethics, empowers employees to raise bioethical concerns, and helps them reason through challenging issues. (shrink)

Shifts of attention within working memory based on retroactive (retro-) cues were shown to facilitate performance in working memory tasks. Although posterior asymmetries in the EEG, such as the contralateral delay activity (CDA), have been used to study the active storage of lateralized working memory representations, results on the relation of such asymmetric effects to retro-cue benefits remain inconclusive. We recorded EEG in a retro-cue working memory task with lateralized items and a continuous performance response. Following either a selective or (...) neutral retro-cue, participants adjusted the orientation of a central memory probe to the cued item. Selective retro-cues elicited an early posterior contralateral negativity (PCN), anterior directing attention negativity (ADAN) and a later modulation of CDA indicating that active storage was concentrated on the cued information. By dividing all trials into three within-condition performance quantiles, we could further show that high working memory accuracy was associated with a sustained increase of the CDA effect following the retro-cue. These results suggest that focusing resources on the active storage of relevant representations is an important factor regarding retro-cue benefits in working memory tasks. (shrink)

A novel Protocol Ethics Tool Kit (‘Ethics Tool Kit’) has been developed by a multi-stakeholder group of the Multi-Regional Clinical Trials Center of Brigham and Women9s Hospital and Harvard. The purpose of the Ethics Tool Kit is to facilitate effective recognition, consideration and deliberation of critical ethical issues in clinical trial protocols. The Ethics Tool Kit may be used by investigators and sponsors to develop a dedicated Ethics Section within a protocol to improve the consistency and transparency between clinical trial (...) protocols and research ethics committee reviews. It may also streamline ethics review and may facilitate and expedite the review process by anticipating the concerns of ethics committee reviewers. Specific attention was given to issues arising in multinational settings. With the use of this Tool Kit, researchers have the opportunity to address critical research ethics issues proactively, potentially speeding the time and easing the process to final protocol approval. (shrink)

I. EXECUTIVE SUMMARY The MRCT Center Post-trial Responsibilities: Continued Access to an Investigational Medicine Framework outlines a case-based, principled, stakeholder approach to evaluate and guide ethical responsibilities to provide continued access to an investigational medicine at the conclusion of a patient’s participation in a clinical trial. The Post-trial Responsibilities (PTR) Framework includes this Guidance Document as well as the accompanying Toolkit. A 41-member international multi-stakeholder Workgroup convened by the Multi-Regional Clinical Trials Center of Brigham and Women’s Hospital and Harvard University (...) (MRCT Center) developed this Guidance and Toolkit. Project Motivation A number of international organizations have discussed the responsibilities stakeholders have to provide continued access to investigational medicines. The World Medical Association, for example, addressed post-trial access to medicines in Paragraph 34 of the Declaration of Helsinki (WMA, 2013): “In advance of a clinical trial, sponsors, researchers and host country governments should make provisions for post-trial access for all participants who still need an intervention identified as beneficial in the trial. This information must also be disclosed to participants during the informed consent process.” This paragraph and other international guidance documents converge on several consensus points: • Post-trial access (hereafter referred to as “continued access” in this Framework [for terminology clarification – see definitions]) is the responsibility of sponsors, researchers, and host country governments; • The plan for continued access should be determined before the trial begins, and before any individual gives their informed consent; • The protocol should delineate continued access plans; and • The plan should be transparent to potential participants and explained during the informed consent process. -/- However, there is no guidance on how to fulfill these responsibilities (i.e., linking specific responsibilities with specific stakeholders, conditions, and duration). To fill this gap, the MRCT Center convened a working group in September of 2014 to develop a framework to guide stakeholders with identified responsibilities. This resultant Framework sets forth applicable principles, approaches, recommendations and ethical rationales for PTR regarding continued access to investigational medicines for research participants. (shrink)

The performance and the success of a group working as a team on a common goal depends on the individuals’ skills and the collective coordination of their abilities. On a perceptual level, individual gaze behavior is reasonably well investigated. However, the coordination of visual skills in a team has been investigated only in laboratory studies and the practical examination and knowledge transfer to field studies or the applicability in real-life situations have so far been neglected. This is mainly due to (...) the fact that a methodological approach along with a suitable evaluation procedure to analyze the gaze coordination within a team in highly dynamic events outside the lab, is still missing. Thus, this study was conducted to develop a tool to investigate the coordinated gaze behavior within a team of three human beings acting with a common goal in a dynamic real-world scenario. This team was a basketball referee team adjudicating a game. Using mobile eye-tracking devices and an indigenously designed software tool for the simultaneous analysis of the gaze data of three participants, allowed, for the first time, the simultaneous investigation of the coordinated gaze behavior of three people in a highly dynamic setting. Overall, the study provides a new and innovative method to investigate the coordinated gaze behavior of a three-person team in specific tasks. This method is also applicable to investigate research questions about teams in dynamic real-world scenarios and get a deeper look at interactions and behavior patterns of human beings in group settings. (shrink)

Forgiveness education has demonstrated psychological, social and academic benefits; however, it has not been discussed as a means of promoting character development for children and adolescents. In this paper, we discuss forgiveness as a moral concept and explain how forgiveness can contribute to current discussions of character education. After reviewing relevant literature we describe how a forgiveness programme can be an effective form of character education and attempt to clarify the contributions the forgiveness literature can make to the field of (...) character education. We argue that forgiveness provides those interested in character development with a programme that can enhance educational initiatives and advance the character education research agenda. (shrink)

BackgroundThe biopharmaceutical industry operates at the intersection of life sciences, clinical research, clinical care, public health, and business, which presents distinct operational and ethical challenges. This setting merits focused bioethics consideration to complement legal compliance and business ethics efforts. However, bioethics as applied to a biopharmaceutical industry setting often is construed either too broadly or too narrowly with little examination of its proper scope.Main textAny institution with a scientific or healthcare mission should engage bioethics norms to navigate ethical issues that (...) arise from the conduct of biomedical research, delivery of clinical care, or implementation of public health programs. It is reasonable to assume that while bioethics norms must remain constant, their application will vary depending on the characteristics of a given setting. Context “specification” substantively refines ethics norms for a particular discipline or setting and is an expected, needed and progressive ethical activity. In order for this activity to be meaningful, the scope for bioethics application and the relevant contextual factors of the setting need to be delineated and appreciated. This paper defines biopharmaceutical bioethics as: the application of bioethics norms (concepts, principles, and rules) to the research, development, supply, commercialization, and clinical use of biopharmaceutical healthcare products. It provides commentary on this definition, and presents five contextual factors that need to be considered when applying bioethics norms to a biopharmaceutical industry setting: (1) dual missions; (2) timely and pragmatic guidance; (3) resource stewardship; (4) multiple stakeholders; and (5) operational complexity.ConclusionUnderstanding the scope of the biopharmaceutical enterprise and contextual factors of a biopharmaceutical industry setting is foundational for the application of bioethics norms. Establishing a common language and approach for biopharmaceutical bioethics will facilitate breadth and depth of discussion and subsequent implementation to benefit patients, the healthcare system and society. (shrink)

Research in penalty kicking has primarily focused on spatial decision making, while temporal decision making has largely been neglected, even though it is as critical for success. Temporal decision making concerns goalkeepers choosing when to initiate their jump to the ball during the penalty taker's run-up, and penalty takers deciding where to kick the ball, either prior to the run-up or after the goalkeeper has committed to one side. We analyzed penalty takers' and goalkeepers' behavior during penalty shoot-outs at FIFA (...) World Cups and UEFA European Championships to scrutinize if temporal aspects of decision making have an impact on penalty kick success. Results indicate that the likelihood of a penalty kick being scored depends on the combination of penalty takers' and goalkeepers' temporal decision-making strategies. Hence, moving early more often seems fruitful for goalkeepers, while penalty takers should consider varying penalty kick strategy between attempts. (shrink)

Jaina-Onomasticon. By Johannes Klatt. Edited by Peter Flügel and Kornelius Krümpelmann. Jaina Studies, vol. 1. Wiesbaden: Otto Harrassowitz, 2017. Pp. 1012. €178.

Between Institutional and Moral Discourse: On Alexy's Legal Philosophy. A review of Matthias Klatt, Institutionalized Reason: The Jurisprudence of Robert Alexy.

This volume contains new and original papers on Martin Heidegger's complex relation to Friedrich Nietzsche's philosophy. The authors not only critically discuss the many aspects of Heidegger's reading of Nietzsche, they also interpret Heidegger's thought from a Nietzschean perspective. Here is presented for the first time an overview of not only Heidegger's and Nietzsche's philosophy but also an overview of what is alive - and dead - in their thinking. Many authors through a reading of Heidegger and Nietzsche deal with (...) current issues such as technology, ecology, and politics. This volume is of interest for everyone interested in Heidegger's and Nietzsche's thought. Contributors include: Babette Babich, Charles Bambach, Robert Bernasconi, Virgilio Cesarone, Stuart Elden, Michael Eldred, Markus Enders, Charles Feitosa, Véronique Fóti, Luanne T. Frank, Jeffery Kinlaw, Theodore Kisiel, William D. Melaney, Eric Sean Nelson, Abraham Olivier, Friederike Rese, Karlheinz Ruhstorfer, Harald Seubert, Robert Sinnerbrink, Robert Switzer, Jorge Uscatescu Barrón, Nancy A. Weston, Dale Wilkerson, Angel Xolocotzi, Jens Zimmermann. (shrink)

Este trabajo tiene como objetivo general examinar los elementos que conforman el no-positivismo inclusivo; postura epistemológica y filosófica desarrollada a través de los años por Robert Alexy. Los métodos empleados son el deductivo, analítico y dialéctico; la principal técnica utilizada ha sido la investigación documental. El presente documento, grosso modo, se encuentra dividido en tres apartados. Primero, son explicados los elementos que conforman el no-positivismo inclusivo de Robert Alexy. Segundo, se explican algunas críticas formuladas a los elementos constitutivos del no-positivismo (...) inclusivo con base en las ideas de Riccardo Guastini, Juan Antonio García Amado, Joseph Raz, Eugenio Bulygin, Matthias Klatt, Carlos Bernal Pulido; entre otros autores. Por último, en tanto objetivo particular, se expone una reflexión con el propósito de indicar uno de los múltiples caminos que los estudios jurídico-científicos sobre el no-positivismo inclusivo podrían seguir en el porvenir. (shrink)