L’article illustre les particularités procédurales qui caractérisent enquêtes et procès pour les infractions liées au crime organisé. Les règles spéciales édictées pour renforcer l’efficacité de la lutte contre les manifestations de la criminalité organisée sont examinées séparément selon qu’elles affectent directement le droit de la défense ou qu’elles augmentent le pouvoir d’investigation des organes d’enquête (police et ministère public), créant ainsi un grave déséquilibre entre accusation et défense. Même si l’on réduit les droits individuels pour mieux lutter contre le crime (...) organisé, il faut respecter la dignité humaine. Les mesures qui attentent à ces droits doivent être adoptées par un acte motivé de l’autorité judiciaire, dans les cas et selon les modalités prévus par la loi, dans le respect du principe de proportionnalité qui ne peut justifier un sacrifice des droits de la défense lors du jugement. (shrink)

Sustainability reporting and assurance of sustainability reports have been used by organizations in an attempt to provide accountability to their stakeholders. A better understanding of current practices is important to provide a base for comparative and trend analyses. This paper aims to consolidate and provide information on sustainability reporting, assurance of sustainability reports and types of assurance providers. Another aim of this paper is to provide a descriptive analysis of these practices for a global sample, comparing results with previous studies, (...) and suggesting opportunities for future research. To accomplish these objectives, a literature review was performed, an analysis of the organizations included in the Fortune Global 500 2010 was completed, and results were presented and consolidated by country. These results demonstrate that all organizations analysed provided some type of information in relation to their social or environmental performance in their official website. The percentage of organizations issuing a sustainability report has been increasing in the last few years. However, the percentage of organizations assuring their sustainability report has stagnated. Types of assurance engagements include those performed by accountants and non-accountants, and new practices have emerged, namely the “mixed approach” and the “stakeholder or specialist review”. The analysis also shows that the practices of issuing sustainability reports and having them assured have become a world-wide phenomenon, occurring in developed, and emerging economies around the world. (shrink)

In this article I criticize a theory of political obligation recently put forward by Christopher Wellman. Wellman's “samaritan theory” grounds both state legitimacy and political obligation in a natural duty to help people in need when this can be done at no unreasonable cost. I argue that this view is not able to account for some important features of the relation between state and citizens that Wellman himself seems to value. My conclusion is that the samaritan theory can only be (...) accepted if we are ready to give up either the traditional notion of political obligation as a prima facie duty valid for every citizen, or the current view of the relationships that should exist between states, citizens and foreigners (the view according to which states should have special concerns for their own citizens). (shrink)

This study addresses the question of normative analysis of the value‐based aspects of nursing. In our perspective, values in science may be distinguished into (i) epistemic when related to the goals of truth and objectivity and (ii) non‐epistemic when related to social, cultural or political aspects. Furthermore, values can be called constitutive when necessary for a scientific enterprise, or contextual when contingently associated with science. Analysis of the roles of the various forms of values and models of knowledge translation provides (...) the ground to understand the specific role of values in nursing. A conceptual framework has been built to classify some of the classical perspectives on nursing knowledge and to examine the relationships between values and different forms of knowledge in nursing. It follows that adopting a normative perspective in the analysis of nursing knowledge provides key elements to identify its proper dimension. (shrink)

Diagnostic frameworks are essential to many scientific and technological activities and clinical practice. This study examines the main fundamental aspects of such frameworks. The three components required for all diagnoses are identified and examined, i.e. their normative dimension, temporal nature and structure, and teleological perspective.The normative dimension of a diagnosis is based on (1) epistemic values when associated with Hempel's inductive risk concerning the balance between false‐positive and false‐negative outcomes, leading to probabilistic judgements; and (2) non‐epistemic values when related to (...) ideas such as well‐being, normality, illness, etc, as idealized norms or ideal points of reference.It should be noted that medical diagnoses match the three necessary components, while some essential diagnostic frameworks – the taxonomies of Gordon and NANDA – in nursing lack some components. The main lack is normative as the most popular frameworks in nursing diagnosis seem to be descriptions of observed reality rather than normative and value‐based judgements in which both epistemic and non‐epistemic values may coexist. (shrink)

This study addresses the question of normative analysis of the value‐based aspects of nursing. In our perspective, values in science may be distinguished into (i) epistemic when related to the goals of truth and objectivity and (ii) non‐epistemic when related to social, cultural or political aspects. Furthermore, values can be called constitutive when necessary for a scientific enterprise, or contextual when contingently associated with science. Analysis of the roles of the various forms of values and models of knowledge translation provides (...) the ground to understand the specific role of values in nursing. A conceptual framework has been built to classify some of the classical perspectives on nursing knowledge and to examine the relationships between values and different forms of knowledge in nursing. It follows that adopting a normative perspective in the analysis of nursing knowledge provides key elements to identify its proper dimension. (shrink)

This article provides a strategic history of the role assigned by modern historians to visual representation in early modern science, an aspect of historiography that is largely ignored in the scholarly literature. Despite the current undervaluation of images and visual reasoning, historians in the 1940s and 1950s who established the 20th century concept of the Scientific Revolution, also assigned a conspicuous role to images, claiming 15th century art as a chapter in the history of science and identifying the first modern (...) scientists in artists such as Brunelleschi and Leonardo. My analysis of the writings that shaped the discourse on visual representation---by giants such as George Sarton, Herbert Butterfield, and Alexandre Koyré---shows that the handful of concepts introduced in these early discussions formed the foundations of the subsequent scholarly approach to early modern scientific images. However, close scrutiny during the 1970s defined these concepts as interesting but not as key elements for the emergence of modern science proposed earlier. The wave of social studies of science in the 1980s further diminished the importance of images, to the point that recent surveys of early modern science neither consider the role of visual representation nor include figures in their narratives. Several recent publications with suggestive titles such as The Power of Images in Early Modern Science promise to recover a significant role for images in the Scientific Revolution. The present inquiry into the earlier discourse seeks to clarify the historiographic framework into which these new efforts fit. (shrink)

Nursing knowledge stems from a dynamic interplay between population‐based scientific knowledge (the general) and specific clinical cases (the particular). We compared the ‘cascade model of knowledge translation’, also known as ‘classical biomedical model’ in clinical practice (in which knowledge gained at population level may be applied directly to a specific clinical context), with an emergentist model of knowledge translation. The structure and dynamics of nursing knowledge are outlined, adopting the distinction between epistemic and non‐epistemic values. Then, a (moderately) emergentist approach (...) to nursing knowledge is proposed, based on the assumption of a two‐way flow from the general to the particular and vice versa. The case of the ‘placebo effect’ is analysed as an example of emergentist knowledge. The placebo effect is usually considered difficult to be explained within the classical biomedical model, and we underscore its importance in shaping nursing knowledge. In fact, nurses are primarily responsible for administering placebo in the clinical setting and have an essential role in promoting the placebo effect and reducing the nocebo effect. The beliefs responsible for the placebo effect are as follows: (1) interactive, because they depend on the relationship between patients and health care professionals; (2) situated, because they occur in a given clinical context related to certain rituals; and (3) grounded on higher order beliefs concerning what an individual thinks about the beliefs of others. It is essential to know the clinical context and to understand other people's beliefs to make sense of the placebo effect. The placebo effect only works when the (higher order) beliefs of doctors, nurses and patients interact in a given setting. Finally, we argue for a close relationship between placebo effect and nursing knowledge. (shrink)

It is increasingly common in cognitive science and philosophy of perception to regard perceptual processing as a probabilistic engine, taking into account uncertainty in computing representations of the distal environment. Models of this kind often postulate probabilistic representations, or what we will call probabilistic states,. These are states that in some sense mark or represent information about the probabilities of distal conditions. It has also been argued that perceptual experience itself in some sense represents uncertainty (Morrison _Analytic Philosophy_ 57 (1): (...) 15 48, 2016 ). In this article, we will first consider three models of sensory activity from perceptual neuroscience, namely signal detection theory (SDT), probabilistic population codes (PPC), and sampling. We will then reflect on the sense in which the probabilistic states introduced in these models are probabilistic representations. To sharpen this discussion, we will compare and contrast these probabilistic states to credences as they are understood in epistemology. We will suggest that probabilistic representation, in an appropriately robust sense, can be understood as a form of analog representation. In the last part of the paper, we apply this to the issue of whether conscious experience represents uncertainty—we will interpret this as the claim that there are phenomenal features of experience that serve as analog probabilistic representations. (shrink)

La riflessione di Timothy Morton si muove all’interno di quel ripensamento del rapporto tra soggetto umano e ambiente – dunque anche dell’umano in generale - che la scienza ecologica è venuta imponendo con sempre maggiore urgenza. A partire da Hyperobjects, tuttavia, Morton si è inserito in quell’ampia ed eterogenea corrente, spesso definita «nuovo materialismo», che nel corso dell’ultimo decennio, sebbene in modi differenti, ha inteso tale ripensamento sempre più come una speculazione eminentemente ontologica: una rinnovata comprensione del modo d’essere dei (...) viventi e della loro interconnessione, in quest’ottica, appare come la via maestra per rimodellare «ecologicamente» la soggettività. In opposizione a questo approccio ontologico ed attingendo a quello critico-decostruttivo sviluppato nel precedente Ecology Without Nature, in questo articolo intendo sottolineare la necessità di riconoscere, anche nell’ambito del pensiero ecologico, il valore costitutivo delle mediazioni epistemiche, linguistiche e sociopolitiche distintive del soggetto umano, ma soprattutto della dimensione di storicità che di queste ultime è il denominatore comune. La frizione tra i due testi di Morton consente infatti di mettere a fuoco l’insufficienza di ogni eco-filosofia che pretenda di ripensare la costituzione del soggetto umano semplicemente tramite l’elaborazione di una differente ontologia dell’ambiente. (shrink)

It has often been asserted that burnout is primarily linked to occupational-context factors, and only secondarily to individual-level and non-work factors. We evaluated the validity of this view by examining the links between burnout and an array of 22 work-situated, work-unrelated, dispositional, and intersecting variables. The study involved schoolteachers from three different countries: France, Spain, and Switzerland. Burnout was assessed with the Maslach Burnout Inventory for Educators. Most of our predictors were assessed based on widely used measures. In order to (...) assess sentimental accomplishment and familial accomplishment, we created two self-reported measures, namely, the Sentimental Accomplishment Inventory and the Familial Accomplishment Inventory. The SAI and the FAI both showed strong reliability and high factorial validity. Exploratory structural equation modeling bifactor analysis and Mokken scaling suggested that both instruments could be considered essentially unidimensional. The study results showed that neuroticism, job strain, skill development, security in daily life, and work–non-work conflict were consistently associated with burnout across the three samples. Sample-specific predictors of burnout included sex, age, unreasonable work tasks, weekly working hours, job autonomy, support in work life, sentimental accomplishment, leisure activities, support in personal life, and non-work–work conflict. Relative weight analysis indicated that neuroticism was the best predictor of burnout in each sample. Our findings suggest that burnout’s nomological network may not be primarily job-related. We conclude that the tendency to de-emphasize individual-level and non-work factors in burnout research is unwise. This tendency may constitute a roadblock in the development of effective interventional strategies. The implications of our findings for burnout’s conceptual status are discussed. The neuroticism-burnout link should be further examined in longitudinal studies. (shrink)

En La Verdad de la Ficción, Mario Presas compila nueve artículos de su autoría que, aunque fueron escritos en distintos momentos de su carrera y sin una conexión sistemática, están estrechamente ligados entre sí por una misma problemática filosófica: la apertura, a través del arte, a un tipo de saber que es propio de la experiencia estética. La tesis central que atraviesa a todos los capítulos consiste en sostener que el arte habilita una vía de acceso a la realidad que (...) no puede subsumirse ni reducirse a otros tipos de saber, en particular, al conocimiento científico. El autor sostiene que el saber que brinda la experiencia estética es insustituible en relación a la ciencia, sin que por ello uno de los dos tenga primacía sobre el otro. (shrink)

Using ethnographic data from rural Northeast Brazil, this article explores, firstly, how climate uncertainties are interconnected to processes of accountability and blame, and, secondly, how this connection affects the activity of climate forecasting. By framing climate events in ways that downplay the inherent uncertainties of the atmosphere, political discourses on various scales, as well as religious narratives, create a propitious context for the enactment of what I call accountability rituals. Forecasters seem to attract to themselves a great deal of the (...) collective anxieties related to climate, and are very often blamed for the negative impact of climate events. This blaming may take place in a variety of ways, and has a range of practical results: from real physical violence to attacks on the authority and legitimacy of forecasters, by way of ridicule and jokes. I conclude by suggesting that, on the one hand, the study of the social uses of climate-related uncertainties offers special opportunities for understanding how human societies deal with uncertainty and blame; and that, on the other hand, a better understanding of these issues is necessary to improve relations between climate forecasting and the societies where it takes place ? the latter being a key issue in the processes of understanding and adapting to climate change. (shrink)

Why does the world look to us as it does? As Nico Orlandi argues, it is simply because of how the world is. This answer emerges from understanding vision as situated in a structured environment, and it contrasts with the view that visual perception involves an inference.

El presente artículo estudia cómo se diferencia el rol del concepto de perfección en la elucidación del concepto de belleza artística entre la doctrina estética de Baumgarten y la de Kant. Para ambos esta belleza está vinculada al fin del objeto artístico y el grado en que su configuración se arregla a dicho fin determina su perfección. Empero, de esto los filósofos extraen conclusiones conflictivas: en Baumgarten la aprehensión de esta perfección en el discurso sensible es belleza artística, mientras que (...) en Kant el juicio de belleza artística es influido por la consideración de la perfección del objeto, pero la perfección no determina la belleza artística. (shrink)

Fierce debates surround the conceptualization and measurement of job-related distress in occupational health science. The use of burnout as an index of job-related distress, though commonplace, has increasingly been called into question. In this paper, we first highlight foundational problems that undermine the burnout construct and its legacy measure, the Maslach Burnout Inventory. Next, we report on advances in research on job-related distress that depart from the use of the burnout construct. Tracing the genesis of the burnout construct, we observe (...) that burnout’s definition was preestablished rather than derived from a rigorous research process and the MBI has little in the way of a theoretical or empirical foundation. Historical analysis suggests that the burnout construct was cobbled together from unchallenged personal impressions and anecdotal evidence before getting reified by the MBI. This state of affairs may account for many of the disconcerting problems encountered in burnout research. We close our paper by presenting the Occupational Depression Inventory, a recently developed instrument reflective of a renewed approach to job-related distress. The ODI has demonstrated robust psychometric and structural properties across countries, sexes, age groups, occupations, and languages. The instrument addresses job-related distress both dimensionally and categorically. A dimensional approach can be useful, for instance, in examining the dynamics of etiological processes and symptom development. A categorical approach can serve screening and diagnostic purposes and help clinicians and public health professionals in their decision-making. It is concluded that the ODI offers occupational health specialists a promising way forward. (shrink)

The paper deals with the relationship that can be assumed to hold between personality traits and creativity. What can be said to happen about personality preservation and change when personality traits evolve through an individual growth and ageing? And how will be that play among preservation and change brought to bear on creativity and art production? These issues are discussed with particular reference to Fellini’s artworks.

El estudio plantea una recuperación de la categoría de ley natural, desde los aportes de la teología feminista. La problemática de la ley natural que estructura y fundamenta la ética teológica del magisterio católico, se fue entretejiendo en el tiempo y su gran sistematizador fue Santo Tomas De Aquino. La teología feminista, surgida de las teorías feministas sustenta como principio crítico la promoción de la plena humanidad de las mujeres y asume que los textos y las tradiciones de la comunidad (...) cristiana o las marcas de su recepción a lo largo de la historia, funcionan a partir de una concepción errónea de la mujer. Esto ha configurado para ellas un ethos a partir de una visión estática y esencialista de su naturaleza. La teología feminista es consciente de la necesidad de reflexionar a partir de una antropología igualitaria que incluya y haga partícipes a las mujeres del bien humano de la misma manera que a los varones, y a la vez permita visualizar las diferentes maneras en que varones y mujeres experimentan sus vidas. Esta reflexión encarnada sobre los bienes a los que estamos dirigidos y el descubrimiento de los medios necesarios para lograrlos integra la comprensión de la ley natural. (shrink)

This book presents a broad overview of succession law, encompassing aspects of family law, testamentary law and legal history. It examines society and legal practice in Europe from the Middle Ages to the present from both a legal and a sociological perspective. The contributing authors investigate various aspects of succession law that have not yet been thoroughly examined by legal historians, and in doing so they not only add to our knowledge of past succession law but also provide a valuable (...) key to interpreting and understanding current European succession law. Readers can explore such issues as the importance of a father’s permission to marry in relation to disinheritance, as well as inheritance transactions and private, dynastic and cross-border successions. Further themes addressed by the expert contributors include women’s inheritance rights, the laws of succession for the prince in legal consulting, and succession in the Rota Romana’s jurisprudence. (shrink)

We investigated the possible causes of perceptual switching in ambiguous figures. Ambiguous figures are a special class of visual stimuli that can give rise to at least two alternative interpretations. Because the figures themselves stay the same, these stimuli are particularly suitable to study the dynamic changes in our visual apparatus that enable us to see the world in different ways. Recent studies stress the importance of both low-level and high-level processes in switching. We show that these processes lead to (...) switching independently, and that, when they co-occur, they do not occur at exactly the same time.We take these results to indicate that perceptual switching is a radically multiply realizable process, in that various neurological states can instantiate it in a single individual from time to time. We reflect on the consequences of this conclusion for experiential realism, in particular the notion that embodiment misleads us in identifying psychological types. (shrink)