Interim measures are procedural means that allow persons or States to have their rights preserved when a case is pending. Application of these measures especially in environmental cases is very important. In many of these cases (e.g. cases dealing with territorial planning, IPPC permits, environmental impact assessment, etc.) the claims deal with the protection of environment or its components (water, air, soil, etc.) as well as with the protection of public interest. Legal regulation of application of (...) class='Hi'>interim measures provided by Lithuanian Law on Administrative Proceedings is not optimal. That is why the first part of the article is dedicated to the analysis of the possibilities and problems of application of interim measures in the administrative proceedings in Lithuania, paying special attention to environmental cases. The second part of the article reflects the findings of a workshop of the Association of European Administrative Judges on „Interim relief in environmental matters” held in Vilnius on 22 September 2011. It briefly describes various national rules on interim relief procedures, especially in the German and the French legislation, with an assessment from the German point of view. This part of the article focuses on provisional legal protection where a permit is challenged by a third party whose rights are allegedly afflicted. In such a constellation the rights of the plaintiff compete with the rights of the operator. The article concludes that, when deciding on the necessity of interim measures, it is vital to ensure the balance of interests: both by ensuring effective access to justice and by protecting the respondent and the third party (in environmental cases - usually the operator) from the violation of their rights and the damage caused by the abuse of the right to request interim measures. In such cases short time limits for procedural steps both of the parties and the court are not advisable and a prima facie prognosis on the outcome in the main proceedings meets the interests of the parties. (shrink)

In international arbitration, timely application and enforcement of interim measures can have a substantial effect on the possibility of the enforcement of final arbitration award, especially when issues relating to the protection of assets or evidence arise before or during the course of arbitration proceedings. Though the substantive amendments to the UNCITRAL Model Law on International Commercial Arbitration concerning the application and enforcement of interim measures in international arbitration were made in 2006, the legal regulation of (...) these matters in Lithuania by the Law on Commercial Arbitration remained as previous. Hence, the purpose of this article is to provide a brief analysis of the contemporary universal legal doctrine and international practice regarding the availability, application and enforcement of interim measures in international arbitration; to examine and evaluate the Lithuanian law and court practice, their compliance with the analyzed contemporary universal legal doctrine and international practice on the application and enforcement of interim measures in international arbitration. (shrink)

This article deals with the ordering of interim measures in the arbitration process. Under the Lithuanian law, only one interim measure can be applied by commercial arbitration courts. It involves granting an order to pay the established amount as a deposit. This measure cannot be enforced unless the party acts in good faith and agrees to pay the deposit. However, if a party ignores the decision of the arbitration court, a third party court may apply to the (...) state court with a request to order interim measures provided for in the Lithuanian Code of Civil Procedure. Under the existing Lithuanian legislation, state courts have the exclusive right to order enforceable interim measures. The present situation is not satisfactory and should be changed. The legislator is now considering a new draft law on the Lithuanian commercial arbitration. The draft law provides for changes in ordering interim measures. The proposed regulation is in compliance with the goals of Article 17 of UNICITRAL Model Law on Commercial Arbitration. However, compliance with the rules of UNCITRAL is not the main goal of the proposed regulation. With the new regulation, the legislator aims for more efficient commercial arbitration with more extensive scope that will allow the commercial arbitration court to order interim measures independently. By allowing the commercial arbitration court to order interim measures independently, the legislator extends credibility of arbitration and makes it more inviting for the parties. Under the draft law on the Lithuanian commercial arbitration, state courts and commercial arbitration courts as discretionary institutions shall be entitled to order interim measures. On the other hand, a decision or a ruling of the commercial arbitration court shall be enforced if an execution order is issued by the state court. In this case, the state court shall be entitled to review whether the content of the decision or ruling of the commercial arbitration court complies with the imperative rules of law or public order. According to the proposed draft law on the Lithuanian commercial arbitration, both state and commercial arbitration courts shall have an independent right of discretion to order interim measures. However, some differences exist. In cases heard by commercial arbitration courts interim measures shall be ordered, whereas state courts acting under applications for interim measures filed by the parties or commercial arbitration courts, irrespective of the location of the arbitration process, shall be entitled to order interim measures. (shrink)

This long-awaited two-volume set constitutes the definitive presentation of the system of classifying moral judgment built up by Lawrence Kohlberg and his associates over a period of twenty years. Researchers in child development and education around the world, many of whom have worked with interim versions of the system, indeed, all those seriously interested in understanding the problem of moral judgment, will find it an indispensable resource. Volume I reviews Kohlberg's stage theory, and the by-now large body of research (...) on the significance and utility of his moral stages. Issues of reliability and validity are addressed. The volume ends with detailed instructions for using the forms in Volume 2. Volume 2, in a specially-designed, user-friendly format, includes three alternative functionally-equivalent forms of the scoring system. (shrink)

BackgroundWhenever South African research institutions share human biological material and associated data for health research or clinical trials they are legally compelled to have a material transfer agreement in place that uses as framework the standard MTA newly gazetted by the South African Minister of Health.Main bodyThe article offers a legal analysis of the SA MTA and focuses on its substantive fit with the broader legal environment in South Africa, and the clarity and practicality of its terms. The following problematic (...) aspects of the SA MTA are highlighted: Where only data and no human biological material are transferred, the SA MTA does not apply, leaving a lacuna; Health Research Ethics Committees are required to be parties to a MTA despite it being outside their legal mandate and undermining their oversight function; the SA MTA’s consent provisions are not aligned with extant law; and, similarly, its provision on donor ownership is misaligned with extant law; its creation of fictitious performance can only cause frustration on the part of an injured party; its benefit-sharing provision is vague and will have little practical effect; its dispute-resolution provisions fail to adequately protect South African research institutions and research participants; it fails to provide substantive guidance regarding intellectual property as its provisions relating to intellectual property may cause practical problems; and, finally, its data privacy provision is insufficiently specific, is overbroad, and fails to provide terms that in general would facilitate the international sharing of human biological material and associated data in terms of existing privacy law.ConclusionsWhile some of the problematic aspects of the SA MTA are intricate and require consultative processes with stakeholders and others, to develop comprehensive solutions, most of the problematic aspects can be resolved immediately through amendments by the South African Minister of Health. The formulation of such amendments is proposed and, where possible, interim measures are suggested that may ameliorate the problems presented by the SA MTA. (shrink)

The objective of the paper is to create a concept of what securing the claim is, based on the positive legislation of Kosovo’s law, comparing its regulation with laws of somewhat similar legislations of neighbouring regions, understanding its implementation in practice, to achieve conclusions and remarks based on law, facts, practice, and the comparative aspect. The Civil Procedure Law in the Republic of Kosovo is regulated with contested, non-contested or enforcement procedure. Securing the claim is an institute expressively regulated by (...) the “Law on Contested Procedure of the Republic of Kosovo” on its XXI Chapter that defines its means and types. Considering securing the claim measures are present in civil law to prevent any possible threat of protected rights until the final verdict is given, this paper tends to achieve a realization of how these measures practically succeed in actual cases, if they meet the criteria set in the law, or if securing the claim proposal is approved by the court, if they unintentionally restrain the respondent from using their rights. Moving forward, how one distinguishes claim security and interim measures from one-another although they describe the main concept, is strictly reviewed under this article, to finally achieve conclusions and remarks based on questions raised as above. (shrink)

In contentless experience (sometimes termed _pure consciousness_) there is an absence of mental content such as thought, perception, and mental imagery. The path to contentless experience in meditation can be taken to comprise the meditation technique, and the experiences (“interim-states”) on the way to the contentless “goal-state/s”. Shamatha, Transcendental, and Stillness Meditation are each said to access contentless experience, but the path to that experience in each practice is not yet well understood from a scientific perspective. We have employed (...) evidence synthesis to select and review 135 expert texts from those traditions. In this paper we describe the techniques and interim-states based on the expert texts and compare them across the practices on key dimensions. Superficially, Shamatha and Transcendental Meditation appear very different to Stillness Meditation in that they require bringing awareness to a meditation object. The more detailed and systematic approach taken in this paper indicates that posturally Shamatha is closer to Stillness Meditation, and that on several other dimensions Shamatha is quite different to both other practices. In particular, Shamatha involves greater measures to cultivate attentional stability and vividness with respect to an object, greater focusing, less tolerance of mind-wandering, more monitoring, and more deliberate doing/control. Achieving contentless experience in Shamatha is much slower, more difficult, and less frequent. The findings have important implications for taxonomies of meditation and for consciousness, neuroscientific, and clinical research/practice, and will provide new and useful insights for meditation practitioners. (shrink)

Objective This study aims to increase self-awareness in patients with Parkinson’s disease (PD) using a newly developed mindfulness-based intervention, tailored for the specific needs of PD patients. Its impact on self-awareness and patients’ daily lives is currently being evaluated. Background Recently, the phenomenon of impaired self-awareness for motor symptoms (ISAm) and some non-motor symptoms has been described in PD. ISAm can negatively influence patients’ daily lives, e.g., by affecting therapy adherence, and is therefore the main focus of this study. The (...) main goal is the development of IPSUM (“Insight into Parkinson’s Disease Symptoms by using Mindfulness”), a PD-specific intervention for increasing patients’ mindfulness and thereby reducing ISAm. Methods The effectiveness of IPSUM is evaluated by comparison of an intervention group with a waitlist-control group. A pre-post design with an additional 8-week follow-up measurement is applied, resulting in three measurement points: before, directly after and 8 weeks after completing the intervention protocol. In total, up to 180 non-depressed PD patients without severe cognitive impairment (non-demented) will be included. The primary outcome is a quantitative score for measuring ISAm. Secondary outcome measures are affective changes, neuropsychological performance and self-awareness of cognition. At pre- and post-measurement an fMRI scan is performed to connect behavioral and neurobiological findings. At post- and follow-up-measurement each patient will take part in a semi-structured interview to explore IPSUM’s impact on self-awareness and patients’ everyday lives. Results The conception of the intervention protocol is finished, the resulting 8-week program is presented in detail. It has successfully been tested in the first group of patients, their feedback so far was quite promising. Recruitment is ongoing and a first interim analysis will be performed once 30 patients have completed IPSUM. Conclusion For the first time, the intervention protocol of IPSUM has successfully been tested in a group of PD patients. As the study goes on, more quantitative data is collected for statistical analyses to evaluate its effectiveness. More qualitative data is collected to evaluate feasibility and effectiveness. We hope for this intervention to be capable of reducing the patients’ ISAm and improving their quality of life on many levels. (shrink)

On 21 June 2011 the Parliament of the Republic of Lithuania adopted extensive and important amendments of the Code of Civil Procedure of the Republic of Lithuania. Most of them came into force on 1 October 2011.One of the important tasks that have been mentioned for the preparation of amendments was to ensure the implementation of the Constitutional Court’s doctrine of matters of civil procedure. This article analyses one of the changed aspect - the system of defence of public interest. (...) The doctrine of concept of public interest was formed by the resolutions of the Lithuanian Constitutional Court adopted on 16 January and 21 September 2006. That concept was quite confusing and could be interpreted widely as well as narrowly (such as protection of special key values in the Constitution). This paper analyses the manner in which the doctrine of the Constitutional Court has been implemented in the law of civil procedure. In addition, the article analyzes the history of the amendments in the Code of Civil Procedure relating to the protection of public interest. The author presents a situation proposed to the Working Group that prepared the draft amendments to the Code of Civil Procedure, and compares the proposals with the effective version of the Code of Civil Procedure. The same article analyses the way that the effective version of the Code of Civil Procedure forces to the protection of the public interest doctrine of the Constitutional Court. The author concludes that the current system is conducive to abuses when the state can envisage the existence of public interest in every dispute and intervene in its investigation. In addition, the court is transformed into an entity liable to defend public interest, while it should be an independent and impartial entity to administer justice. Let us hope that in judicial practice the concept of public interest will be interpreted very narrowly and the Code of Civil Procedure provides the right to collect evidence or apply interim protection measures and etc. will be seen as a political mistake and generally will not be applied (except when it comes to non dispositive cases). (shrink)

Background Adherence to ethical guidelines and regulations and protecting and respecting the dignity and autonomy of participants by obtaining a valid informed consent form (ICF) prior to participation in research are crucial; The subjects did not add signatures next to the corrections made to signatures or dates on the ICF, Multiple signatures in other fields, ICF missing/missing signature, Incorrect ICF version Signed after modification, Correction tape used to correct signature, Impersonated signature, Non-research-member signature, however, ICFs are often not properly completed, (...) which must be addressed. This study analyzed ICF signing errors and implemented measures to reduce or prevent these errors. Methods We used the plan–do–check–act (PDCA) cycle to help improve the correctness and validity of ICF signing. Results Interim and final reports from January 2016 to February 2020 including 363 ICFs were studied. The total proportion of correct ICF signatures (200, 83.3%) following the PDCA intervention was significantly higher than that before the intervention (P < 0.05). Analysis of the types of signing error demonstrated that signature errors were significantly reduced after the intervention, particularly for subjects did not add signatures next to the corrections made to signatures or dates on the ICF (16, 6.7%) and impersonated signature (0; P < 0.05). Conclusions The proportions of other error types—multiple signatures in other fields, missing or unsigned ICF, incorrect signature order, incorrect ICF version, use of correction tape to correct signature, and non-medical profession members signing the ICF—did not differ significantly. (shrink)

The ArgumentThe publication of Johannes Kepler's brilliant and revolutionary Astronomia nova has hitherto been viewed as somehow inevitable. This paper argues that, on the contrary, the book's very existence and a measure of its unusual form and content are in fact highly contingent, and derive from a legal dispute between Kepler and Tycho's heirs over the right to capitalize on his astronomical legacy. On Tycho's death, Kepler rather accidentally found himself in charge of Tycho's posthumous astronomical publications, especially the highly (...) prestigious Rudol phine Tables. Tycho's legal heirs, not having been paid by the emperor for Tycho's astronomical assets and feigning Kepler's unworthiness as his successor, wrested this mandate back. Ordered in turn to justify his employment, Kepler contrived the Astronomia nova as an interim announcement of the fruits of his astronomical research. In an effort to block Kepler's continuing exploitation of Tycho's observations, the heirs obtained the legal right to censor his publications, which severely threatened his philosophical freedom. The threat of editorial interference was responsible in part for Astronomia nova's unusual narrative form. (shrink)

Hamlet’s character sets, under different shapes and extents, the benchmark against which a large part of the European philosophy of the very long «short twentieth-century» behind us has had to measure. In the name of Hamlet as the most enigmatic among Shakespeare’s creatures, even Europe, its spirit and destiny, is identified, according to the well-known claim by Paul Valery.Common trait to a big part of these interpretations – from the juvenile works of Pavel Florenskij and Lev S. Vygotskij to Carl (...) Schmitt’s Hamlet oder Ekuba. Der Einbruch der Zeit in das Spiel – is offered by the detection, in Hamlet’s figure, of the contradiction inherent to an epochal transition: the time of an unresolved passage between two ages that only knows the endless pain of an “interim”. My paper concerns the possibility to interpret Hamlet’s time as the time of an “interim” in light of Benjamin’s claims about Shakespeare’s drama contained in his book on the German Trauerspiel.While Florenskij interprets Hamlet’s time as tragic and the figure of Hamlet as a tragic one, in my essay - moving from some observations on the " Hamlet Problem " by the young Franz Rosenzweig - I consider the original Benjaminian thesis about the character and the drama of Hamlet as the end of the modern Trauerspiel. Starting from a statement by Theodor Adorno in the famed Hornberger Brief to Benjamin of August 2, 1935, I outline, therefore, how Benjamin characterizes the figure of Hamlet. This, from his early writings on the relationship between tragedy and Trauerspiel up to the great book on the Origin of the German Trauerspiel. In the frame of Benjamin’s interpretation, exactly by virtue of its distance from the thesis on the duality of tragedy, the Shakespearian theatrum of consciousness, paradigmatically represented in the figure of Hamlet and in the intimately dialectic character of his drama, is accounted for as necessary correlate of the Cartesian’s theatrum of consciousness. From a theoretical point of view, the Benjaminian characterization of Hamlet's figure reveals, therefore, something of the nature of modern consciousness and of consciousness in general in relation to the problem of truth and its representation. Hence the end of modern Trauerspiel coincides with the original incompleteness of its time. Consequently, I also claim Hamlet's dramatic figure to represent the aporetic characters of modern politics. This contrasts the thesis of Carl Schmitt who speaks, instead, of the Shakespearean drama as an expression of a pre-modern barbaric time. (shrink)

The draft Common Frame of Reference is likely to play a prominent role in the further development of European contract law. Therefore, with a view to its acceptability it is crucial to assess the draft from the point of view of social justice.The DCFR has all the characteristics of a typical European compromise. Ideological and esthetical purists will certainly be disappointed. This is not necessarily something to be worried about. A common frame of reference is not drafted, in the first (...) place (if at all), for esthetical or ideological reasons; it is meant to provide some normative guidance in the further development of European contract law. European citizens have very different interests, preferences and opinions in relation to almost all the subjects dealt with in the DCFR. A DCFR consistently based on only one conception about the right choices would inevitably have disappointed all European citizens with a different idea of social justice in European private law. Therefore, if we really want the further Europeanization of private law we will have to accept that it will probably look rather different from both the particular Member State law that each of us is familiar with and our personal ideas of social justice. The publication of the interim outline edition of the draft CFR, which is the result of a close collaboration between hundreds of legal scholars from all Member States, has brought that message home. The characterisations of the DCFR as 'a law for big business and competent consumers' or, alternatively, as a 'massive reduction of private autonomy' are both unfounded. Overall, from the point of view of social justice, the DCFR is fairly balanced. Nevertheless, there is certainly room for improvement.Even if the DCFR is going to remain only a soft law instrument it is still likely to have a considerable influence on the further development of private law in Europe and will therefore also affect, directly or indirectly, the lives of all European citizens. For this reason it is crucial that European citizens will not only be the addressees of the CFR, or of the legislative measures based thereon, but can also rightly consider themselves as its authors. After the drafting by legal experts and the rather one-sided 'stakeholders'' input that were both organised by the European Commission it is now time for the citizens' voice. Only a meaningful input from the European and national Parliaments can provide the final CFR with the regulatory legitimacy that it needs.The level of consumer protection in the DCFR is sufficiently high for it to be acceptable as the content of an optional instrument, which could be made applicable, for example, by clicking on a 'blue button'. However, as an absolute maximum beyond which the Member States would not be allowed to go in the case of full harmonisation, it is submitted, the level of protection in the DCFR is insufficient. Moreover, the DCFR draws a sharp distinction between B2C and B2B contracts. It categorically excludes from the protection that it grants to consumers all businesses, even the smallest ones that may be as vulnerable as consumers (or even more so) when it comes to a lack of information, inexperience and dependence. This sharp distinction deviates from the law in many Member States, is not required by the EC Treaty (which is relevant with a view to the CFR's role as a toolbox for revising the acquis and for drafting new acquis), and is potentially contrary to the fundamental principle of justice that any distinction between groups of people should favour the least privileged.General private law - the bulk of the model rules contained in the DCFR - cannot be said to be 'neoliberal' as the Social Justice Group feared it would. Nor is it 'socialist' as some business stake holders warned for. It strikes a balance between autonomy and solidarity that is quite similar to the ones drawn in the modern private laws (including the case law, i.e. not merely the civil codes) of the Member States. However, where the DCFR deviates from the Principles of European Contract Law (PECL) it is always in the liberal direction.Throughout the last Century general clauses, such as good faith, have played a prominent role in promoting social justice in private law in the Member States. In fact they became delegations of law-making power to the courts in order to allow them to find just and fair solutions in new cases. This tradition was codified in the PECL. However, in the DCFR the role of good faith is narrower and deliberately so. From the point of view of social justice it is important that in the final CFR the role of good faith as an undisputed legal basis for judge-made law should be restored.The catalogue of underlying values and principles, that is meant to become the preamble to the final CFR and is likely to play a crucial role in the interpretation and further development of the CFR, brings back to the foreground some fundamental values that have played a prominent role in private law making in the Member States but that have been overshadowed, on the European level, by the narrow focus on market building. Having said that, the list of values in the DCFR could be framed so as to be more balanced. In particular, the privileged position of party autonomy as the only principle that is also contained in the black-letter model rules seems unjustified. (shrink)

We investigate the conflict between the ex ante and ex post criteria of social welfare in a new framework of individual and social decisions, which distinguishes between two sources of uncertainty, here interpreted as an objective and a subjective source respectively. This framework makes it possible to endow the individuals and society not only with ex ante and ex post preferences, as is usually done, but also with interim preferences of two kinds, and correspondingly, to introduce interim forms (...) of the Pareto principle. After characterizing the ex ante and ex post criteria, we present a first solution to their conflict that extends the former as much possible in the direction of the latter. Then, we present a second solution, which goes in the opposite direction, and is also maximally assertive. Both solutions translate the assumed Pareto conditions into weighted additive utility representations, and both attribute to the individuals common probability values on the objective source of uncertainty, and different probability values on the subjective source. We discuss these solutions in terms of two conceptual arguments, i.e., the by now classic spurious unanimity argument and a novel informational argument labelled complementary ignorance. The paper complies with the standard economic methodology of basing probability and utility representations on preference axioms, but for the sake of completeness, also considers a construal of objective uncertainty based on the assumption of an exogeneously given probability measure. JEL classification: D70; D81. (shrink)

The use of transcranial Electrical Stimulation in the modulation of cognitive brain functions to improve neuropsychiatric conditions has extensively increased over the decades. tES techniques have also raised new challenges associated with study design, stimulation protocol, functional specificity, and dose-response relationship. In this paper, we addressed challenges through the emerging methodology to investigate the dose-response relationship of High Definition-transcranial Direct Current Stimulation, identifying the role of negative valence in tinnitus perception. In light of the neurofunctional testable framework and tES application, (...) hypotheses were formulated to measure clinical and surrogate endpoints. We posited that conscious pairing adequately pleasant stimuli with tinnitus perception results in correction of the loudness misperception and would be reinforced by concurrent active HD-tDCS on the left Dorsolateral Prefrontal Cortex. The dose-response relationship between HD-tDCS specificity and the loudness perception is also modeled. We conducted a double-blind, randomized crossover pilot study with six recruited tinnitus patients. Accrued data was utilized to design a well-controlled adaptive seamless Bayesian dose-response study. The sample size and optimum interims were anticipated for adaptive decision-making about efficacy, safety, and single session dose parameters. Furthermore, preliminary pilot study results were sufficient to show a significant difference within the longitudinally detected self-report tinnitus loudness between before and under positive emotion induction. This study demonstrated a research methodology used to improve emotion regulation in tinnitus patients. In the projected method, positive emotion induction is essential for promoting functional targeting under HD-tDCS anatomical specificity to indicate the efficacy and facilitate the dose-finding process. The continuous updating of prior knowledge about efficacy and dose during the exploratory stage adapts the anticipated dose-response model. Consequently, the effective dose range to make superiority neuromodulation in correcting loudness misperception of tinnitus will be redefined. Highly effective dose adapts the study to a standard randomized trial and transforms it into the confirmatory stage in which active HD-tDCS protocol is compared with a sham trial. Establishing the HD-tDCS intervention protocols relying on this novel method provides reliable evidence for regulatory agencies to approve or reject the efficacy and safety. Furthermore, this paper supports a technical report for designing multimodality data-driven complementary investigations in emotion regulation, including EEG-driven neuro markers, Stroop-driven attention biases, and neuroimaging-driven brain network dynamics. (shrink)

Storytelling pivots around stance seen as a window unto emotion: storytellers project a stance expressing their emotion toward the events and recipients preferably mirror that stance by affiliating with the storyteller’s stance. Whether the recipient’s affiliative stance is at the same time expressive of his/her emotional resonance with the storyteller and of emotional contagion is a question that has recently attracted intriguing research in Physiological Interaction Research. Connecting to this line of inquiry, this paper concerns itself with storytellings of sadness/distress. (...) Its aim is to identify factors that facilitate emotion contagion in storytellings of sadness/distress and factors that impede it. Given the complexity and novelty of this question, this study is designed as a pilot study to scour the terrain and sketch out an interim roadmap before a larger study is undertaken. The data base is small, comprising two storytellings of sadness/distress. The methodology used to address the above research question is expansive: it includes CA methods to transcribe and analyze interactionally relevant aspects of the storytelling interaction; it draws on psychophysiological measures to establish whether and to what degree emotional resonance between co-participants is achieved. In discussing possible reasons why resonance is (not or not fully) achieved, the paper embarks on an extended analysis of the storytellers’ multimodal storytelling performance (reenactments, prosody, gaze, gesture) and considers factors lying beyond the storyteller’s control, including relevance, participation framework, personality, and susceptibility to emotion contagion. (shrink)

This book, written by two central figures of generative grammar, represent the culmination of some ten years work on phonological theory and specifically on the sound system of English. As such, it is of interest to anyone concerned with phonology in general no less than to the student of English. Their description of the phonological structure of modern English, while not claiming to be exhaustive, reveals the deep and hitherto largely uncharacterized, regularities underlying this system in at least two major (...) areas: in the analysis of English stress, which is shown to be in large measure predictable at the level of both word and phrase; and in the account of vowel and consonant alternations in such cases as sane-sanity, deceive-deception, decide-decision, cone-conic and democrat-democracy respectively. Secondly the book constitutes a major contribution to general phonological theory. Thus, for example, the note of the phonological component of a generative grammar is viewed as the mapping of the abstract string of formatives that constitute the surface structure output of the syntax onto concrete phonetic space, via a series of carefully formalized rules; a clearly-defined, highly abstract view is taken of underlying phonological representations, which in turn are related in a non-arbitrary fashion to the actual phonetic output; and the choice of phonological primes is motivated in terms of certain crucial departures from the earlier set of distinctive features established by Roman Jakobson--to whom the book is dedicated. Thirdly, the book is of major importance for general linguistic theory, as it makes substantive contributions to areas such as: language change and the relation between diachrony and synchrony; the nature and ordering of grammatical rules ; or the key notion of the "cyclical" applications of rules--first introduced in this work in order to handle the assignment of English stress to words and phrases beyond the single-morpheme level, and by now a crucial feature of the transformational rules of generative syntax. In their preface, the authors describe The Sound Pattern of English as "an interim report on work in progress." That this is true is attested to by the debate now being waged on nearly every aspect of phonological theory by followers of Chomsky and Halle. The book has already given rise to considerable critical discussion, ranging from specific points such as the correctness of the particular set of distinctive features established by the authors, to far deeper issues concerning the abstractness of phonological representations, the inter-relation between phonology and the syntactic and semantic components of grammar, the place of phonetics within the field of linguistics. These very controversies should insure this book its place as a central text for all serious students of English, phonology, and language.--R. A. (shrink)

This paper considers two subjective measures of the existence of unconscious mental states - the guessing criterion, and the zero correlation criterion - and considers the assumptions underlying their application in experimental paradigms. Using higher order thought theory the impact of different types of biases on the zero correlation and guessing criteria are considered. It is argued that subjective measures of consciousness can be biased in various specified ways, some of which involve the relation between first order states (...) and second order thoughts, and hence are not errors in measurement of the conscious status of mental states; but other sorts of biases are measurement errors, involving the relation between higher order thoughts and their expression. Nonetheless, it is argued this type of bias does not preclude subjective measures - both the guessing criterion and the zero correlation criterion - as being amongst the most appropriate and useful tools for measuring the conscious status of mental states. (shrink)

Comparing the relative sensitivity of direct and indirect measures of learning is proposed as the best way to provide evidence for unconscious learning when both conceptual and operative definitions of awareness are lacking. This approach was first proposed by Reingold & Merikle (1988) in the context of subliminal perception. In this paper, we apply it to a choice reaction time task in which the material is generated based on a probabilistic finite-state grammar (Cleeremans, 1993). We show (1) that participants (...) progressively learn about the statistical structure of the stimulus material over training with the choice reaction time task, and (2) that they can use some of this knowledge to predict the location of the next stimulus in a subsequent “generation” task. However, detailed partial correlational analyses of the correspondence between performance during the reaction time task and the statistical structure of the training material showed that large effects remained even when controlling for explicit knowledge as assessed by the generation task. Hence we conclude (1) that at least some of the knowledge expressed through reaction time performance can not be characterized as conscious, and (2) that even when associations are found at a global level of analysis, dissociations can still be obtained when more detailed analyses are conducted. Finally, we also show that participants are limited in the depth of the contingencies they can learn about, and that these limitations are shared by the Simple Recurrent Network model of Cleeremans & McClelland (1991). (shrink)

Contemporary Bayesian confirmation theorists measure degree of (incremental) confirmation using a variety of non-equivalent relevance measures. As a result, a great many of the arguments surrounding quantitative Bayesian confirmation theory are implicitly sensitive to choice of measure of confirmation. Such arguments are enthymematic, since they tacitly presuppose that certain relevance measures should be used (for various purposes) rather than other relevance measures that have been proposed and defended in the philosophical literature. I present a survey of this (...) pervasive class of Bayesian confirmation-theoretic enthymemes, and a brief analysis of some recent attempts to resolve the problem of measure sensitivity. (shrink)

I explore three questions that concern the micro-phenomenological part of the study, which I take to be a novel addition to the psychologist’s toolkit. What is it exactly that the micro-….

_In_ Value-Added Measures in Education_, economist and education researcher Douglas N. Harris takes on one of the most hotly debated topics in education._ Drawing on his extensive work with schools and districts, he sets out to help educators and policy makers understand this innovative approach to assessment. Written in straightforward language and illustrated with actual student achievement data, this essential volume shows how value-added measurement can help schools make better use of their data and discusses the strengths and limitations (...) of this approach. (shrink)

For the generalizations of thermodynamics to obtain, it appears that a very ‘special’ initial condition of the universe is required. Is this initial condition itself in need of explanation? I argue that it is not. In so doing, I offer a framework in which to think about ‘special’ initial conditions in all areas of science, though I concentrate on the case of thermodynamics. I urge the view that it is not always a serious mark against a theory that it must (...) posit an ‘improbable’ initial condition. (shrink)

We show that if a real x2ω is strongly Hausdorff -random, where h is a dimension function corresponding to a convex order, then it is also random for a continuous probability measure μ such that the μ-measure of the basic open cylinders shrinks according to h. The proof uses a new method to construct measures, based on effective continuous transformations and a basis theorem for -classes applied to closed sets of probability measures. We use the main result to (...) derive a collapse of randomness notions for Hausdorff measures, and to provide a characterization of effective Hausdorff dimension similar to Frostman’s Theorem. (shrink)

Interpreting empirical measures of integration and differentiation as indices of cortical performance and memory consolidation during wakefulness rather than consciousness per se is inconsistent with the literature. Recent studies show that these theory-inspired measures can dissociate from such processes and reliably index the brain's capacity for experience. We consider this as a positive trend in consciousness research.

It is a plausible speculation that conventional choices in outcome measures might influence the results of meta-analyses. We test that speculation by simulating data from trials on antidepressants. We vary real drug effectiveness while modulating conventional values for outcome measures. We had previously shown that one conventional choice used in meta-analyses of antidepressants falls in a narrow range of values that maximize estimates of effectiveness. Our present analysis investigates why this phenomenon occurs. Moreover, our results suggest the superiority (...) of absolute outcome measures over relative measures. This research program can be extended to test numerous other aspects of clinical research. (shrink)

Consciousness can be measured in various ways, but different measures often yield different conclusions about the extent to which awareness relates to performance. Here, we compare five different subjective measures of awareness in the context of an artificial grammar learning task. Participants expressed their subjective awareness of rules using one of five different scales: confidence ratings , post-decision wagering , feeling of warmth , rule awareness , and continuous scale . All scales were equally sensitive to conscious knowledge. (...) PDW, however, was affected by risk aversion, and both RAS and SDS applied different minimal criteria for rule awareness. CR seems to capture the largest range of consciousness, but failed to indicate unconscious knowledge with the guessing criterion. We close by discussing the theoretical implications of scale sensitivity and propose that CR’s unique features enable a finer assessment of subjective states of awareness. (shrink)

I show how scoring rules, interpreted as measuring the inaccuracy of a set of degrees of belief, may be exploited to construct confirmation measures as used in Bayesian confirmation theory. I construct two confirmation measures from two particular standard scoring rules. One of these measures is genuinely new, the second is trivially ordinally equivalent to the difference measure. These two measures are tested against three well-known measures of confirmation in a simple but illuminating case that (...) contains in a natural way the problem of irrelevant conjunction. The genuinely new measure emerges, arguably, as the best. (shrink)

Recently, in attempting to account for explanatory reasoning in probabilistic terms, Bayesians have proposed several measures of the degree to which a hypothesis explains a given set of facts. These candidate measures of "explanatory power" are shown to have interesting normative interpretations and consequences. What has not yet been investigated, however, is whether any of these measures are also descriptive of people’s actual explanatory judgments. Here, I present my own experimental work investigating this question. I argue that (...) one measure in particular is an accurate descriptor of explanatory judgments. Then, I discuss some interesting implications of this result for both the epistemology and the psychology of explanatory reasoning. (shrink)

A recent report by Persaud et al. [Persaud, N., McLeod, P. & Cowey, A. . Post-decision wagering objectively measures awareness. Nature Neuroscience 10, 257–261] addresses a fundamental issue in consciousness science: the experimental measurement of conscious content. The authors propose a novel technique, ‘post-decision wagering’, in which subjects place bets on the correctness of decisions or discriminations. In this note, I critique the authors’ claim that their method “measures awareness directly”.

Introduction: Although deep brain stimulation often improves levodopa-responsive gait symptoms, robust therapies for gait dysfunction from Parkinson's disease remain a major unmet need. Walking speed could represent a simple, integrated tool to assess DBS efficacy but is often not examined systematically or quantitatively during DBS programming. Here we investigate the reliability and functional significance of changes in gait by directional DBS in the subthalamic nucleus.Methods: Nineteen patients underwent unilateral subthalamic nucleus DBS surgery with an eight-contact directional lead in the most (...) severely affected hemisphere. They arrived off dopaminergic medications >12 h preoperatively and for device activation 1 month after surgery. We measured a comfortable walking speed using an instrumented walkway with DBS off and at each of 10 stimulation configurations at the midpoint of the therapeutic window. Repeated measures of ANOVA contrasted preoperative vs. maximum and minimum walking speeds across DBS configurations during device activation. Intraclass correlation coefficients examined walking speed reliability across the four trials within each DBS configuration. We also investigated whether changes in walking speed related to modification of step length vs. cadence with a one-sample t-test.Results: Mean comfortable walking speed improved significantly with DBS on vs. both DBS off and minimum speeds with DBS on. Pairwise comparisons showed no significant difference between DBS off and minimum comfortable walking speed with DBS on. Intraclass correlations were ≥0.949 within each condition. Changes in comfortable walk speed were conferred primarily by changes in step length.Conclusion: Acute assessment of walking speed is a reliable, clinically meaningful measure of gait function during DBS activation. Directional and circular unilateral subthalamic DBS in appropriate configurations elicit acute and clinically significant improvements in gait dysfunction related to PD. Next-generation directional DBS technologies have significant potential to enhance gait by individually tailoring stimulation parameters to optimize efficacy. (shrink)

Epistemologists and philosophers of science have often attempted to express formally the impact of a piece of evidence on the credibility of a hypothesis. In this paper we will focus on the Bayesian approach to evidential support. We will propose a new formal treatment of the notion of degree of confirmation and we will argue that it overcomes some limitations of the currently available approaches on two grounds: (i) a theoretical analysis of the confirmation relation seen as an extension of (...) logical deduction and (ii) an empirical comparison of competing measures in an experimental inquiry concerning inductive reasoning in a probabilistic setting. (shrink)

Electroencephalogram plays an essential role in analysing and recognizing brain-related diseases. EEG has been increasingly used as a new type of biometrics in person identification and verification systems. These EEG-based systems are important components in applications for both police and civilian works, and both areas process a huge amount of EEG data. Storing and transmitting these huge amounts of data are significant challenges for data compression techniques. Lossy compression is used for EEG data as it provides a higher compression ratio (...) than lossless compression techniques. However, lossy compression can negatively influence the performance of EEG-based person identification and verification systems via the loss of information in the reconstructed data. To address this, we propose introducing performance measures as additional features in evaluating lossy compression techniques for EEG data. Our research explores if a common value of CR exists for different systems using datasets with lossy compression that could provide almost the same system performance with those using datasets without lossy compression. We performed experiments on EEG-based person identification and verification systems using two large EEG datasets, CHB MIT Scalp and Alcoholism, to investigate the relationship between standard lossy compression measures and our proposed system performance measures with the two lossy compression techniques, discrete wavelet transform—adaptive arithmetic coding and discrete wavelet transform—set partitioning in hierarchical trees. Our experimental results showed a common value of CR exists for different systems, specifically, 70 for person identification systems and 50 for person verification systems. (shrink)