This article presents the new German law on advance directives from 1 September 2009. The history of the parliamentary process of this law is described, the present regulations are explained, their relevance for medical practice discussed and shortcomings are identified. Finally, the new law is compared with other regulations in the international context. Previously established legal practice in Germany has now become largely confirmed by the new law: An advanced directive must be respected in any decision concerning medical treatment, regardless (...) of the stage of the illness. It can be informally revoked at any time, even with limited decision-making capacity. Nobody may be obliged to issue a directive in any way. Advance directives do not need notarisation or routine updating after certain time intervals. Provided that the patient, who is no longer mentally competent, has issued a lasting power of attorney, or provided that the patient has been appointed a healthcare proxy by the courts, this authorised surrogate must assert the patient's will. The role of the guardianship court is clarified: it only needs to be involved in cases of disagreement as to the patient's will. The new German law thus combines more legal certainty with a liberal emphasis on patient autonomy and flexible, adaptable regulations. (shrink)

Recent evidence shows that dynamic instability is the dominant mechanism for the assembly of pure tubulin in vitro and for the great majority of microtubules in the mitotic spindle and the interphase cytoplasmic microtubule complex. The basic concepts of this model provide a framework for future characterization of the molecular basis of spatial and temporal regulation of microtubule dynamics in the cell and the function of microtubule dynamics in motile processes such as chromosome movement.

Problema de investigación abordado en esta tesis de grado, fue el de explorar el alcance que tendría la conexión entre la tesis de la regla de reconocimiento y la tesis de los contenidos mínimos de derechos natural en la teoría de H.L.A. Hart. Se indaga a partir de las referencias directas y no directas, la contextualización histórica con escuelas o tendencias activas en el período de elaboración de "El Concepto de Derecho". para identificar los puntos relevantes que permiten desarrollar los (...) enlaces que inicialmente se plantean. Alcance para entender el trabajo maduro de Hart sin olvidar que ya en obras anteriores surgen las aproximaciones a la pragmática del lenguaje y el lugar que asigna a las "reglas prácticas" del derecho en el contexto social. Se culmina apoyada la argumentación en algunas tesis de J Raz en en caracter constitutivo de la regla de reconocimiento y por lo tanto, en su naturaleza de regla primaria y no secundaria como es ubicada por Hart en la obra mencionada. (shrink)

En este artículo propongo una conexión entre la regla de reconocimiento de H. L. A. Hart y la tesis de contenidos mínimos de derecho natural del mismo autor. La regla de reconocimiento es comprendida como una regla convencional constituida por la práctica de los funcionarios judiciales encargada de aplicar criterios de validez, para determinar si las normas particulares pertenecen al sistema. Los contenidos mínimos de derecho natural constituyen la base de tendencias o instintos de los humanos en su búsqueda de (...) supervivencia. A partir de los planteamientos de Marmor y Raz, se propone que en la regla de reconocimiento los contenidos mínimos de derecho natural constituyen el primer filtro de evaluación de la validez de las normas jurídicas particulares sometidas a reconocimiento jurídico, lo cual aporta solidez y consistencia significativa a las tesis de la discrecionalidad y de la separabilidad de la teoría hartiana. (shrink)

The article is located in the iusphilosophical scenario of the mid-twentieth century. Its objective is to trace the sources of Hart's rule of recognition, taking as its starting point the thesis that makes such rule a weighted response to the debate between the Kelsenian formalism and the utilitarian theory of Bentham and Austin in the first instance. This is explored in the sources recognized and not recognized by the author himself since the article claims a decisive presence in methodology of (...) direct ancestors such as Hobbes, Hume, Malinowski, among otrs. These do not grant to the mentioned rule of recognition a mere conciliatory desire of the previous traditions, but they rather define the nature of the rule and the need for it to be addressed from interdisciplinary fields because it can bear fruit for the analysis of the underlying principles in judicial practice from the exploration of speech in context. (shrink)

E l auto r de f iend e un a democraci a a r mónica , qu e n o e s u n model o nu ev o d e democracia sin o l a relació n equilibrad a d e la s do s modalidade s clásica s d e democracia , l a representat iv a y l a directa , a la s qu e s e añadirí a l a democraci a pa r ticipat iv (...) a prom o vid a po r lo s ciudadanos, ind i vidualment e o e n gr upo , a l ma r ge n d e lo s pa r tido s políticos . L a resultant e serí a un nu evo marc o polític o co n meno s democraci a representat iva (l a d e lo s pa r tido s político s y lo s representante s electos) , q u e actualment e e s l a democraci a e xclus iva y e xclu y ent e en la s sociedade s política s a v anzadas , má s democraci a direct a (l a d e lo s ciudadano s qu e sin inte r mediario s v otaría n política s y n o sól o a su s representantes ) y u n nu evo espaci o polític o ocupad o po r lo s ciudadanos-actore s político s si n militanci a pa r tidista . E n cad a uno d e esto s tre s modelo s democrático s s e analiz a l a de f inició n de l modelo , e l escenari o que actualment e atr a vies a y la s propuesta s concreta s d e cambio. (shrink)

We study 944 shareholder proposals submitted to 343 U.S. firms on climate change issues during 2009–2022. We use logistic and two-stage regression to estimate the propensity for a firm to be targeted or subjected to a vote at the annual general meeting and, for voted proposals, the determinants of that vote. We also examine whether climate-related proposals affect investor returns and how they relate to firms’ future environmental performance and greenhouse gas emissions. Compared to a matched sample, we first find (...) that activists target larger, more carbon-intensive, and less R&D-active firms. Second, voting likelihood is higher for firms with repeated and operations-related proposals and lower pre-proposal environmental ratings. By contrast, disclosure-related proposals are likelier to be negotiated and withdrawn. Third, repeated and operations-related proposals receive higher votes in favor, whereas votes on carbon-intensive firms do not. Fourth, building on the theory that investors act as if they distinguish among the different shareholder proposals based on the expected cost to the firm, we find evidence to support this idea. We find that investors respond negatively to ex-ante costlier proposals, such as those that relate to emissions reduction and target carbon-intensive firms. Fifth, targets’ future environmental performance rating is almost twenty percent higher after a proposal than before compared to the matched sample, whereas emissions do not budge appreciably. (shrink)

In this essay I endeavor to provide such an account, and describe at a pretheoretical level an embodied subjectivity at odds with its own state of embodiment, and on the other hand, to explore the limited agency induced by constraints that fall upon an embodied subject who is compelled to live a body which is free to engage the various possibilities of the world in every respect except one, within the context of an intercorporeal social reality. This description will provide (...) a sound ontological foundation where the central place of embodiment in the abortion debate can be re-asserted and properly taken into account. What this description will reveal is the ontological drama of such “aversely pregnant subjectivities” at a time when ever more legislation is being passed that poses ever more restrictions on reproductive rights of women in the United States. This investigation is all the more pertinent in light of Justice Anthony Kennedy’s recent announcement that he is retiring from the U.S. Supreme Court, which may well put the right to legal abortions in jeopardy. My highest ambition, however, is to convey the significance of these restrictions to those who have never been and never can become pregnant, but who by and large determine the polices that play a substantial role in shaping such subjectivities. (shrink)

In the best Menippean tradition the De Consolatione Philosophiae of Boethius is peppered with quotations from different authors, most notably from the works of Homer. The quotations are generally spoken by Philosophy, and are used to articulate the narrative, e.g. at 1. 4 we find a line from Iliad 1. 363 whose application to the f present situation is immediately comprehensible, and would have been appreciated by the average reader. Another similar quotation is that of Iliad 12. 176: ργαλoν δ (...) με ταȗτα Өεν ὣς πντ' γoρεειν at 4. 6. 53. Such uses are very simiar to what one, finds in the Apocolocyntosis of Seneca, albeit there used for comic effect. There are also snippets of popular wisdom in the form of an old proverb – though it is one with Menippean associations – and a Pythagorean maxim. (shrink)

In the best Menippean tradition theDe Consolatione Philosophiaeof Boethius is peppered with quotations from different authors, most notably from the works of Homer. The quotations are generally spoken by Philosophy, and are used to articulate the narrative, e.g. at 1. 4 we find a line fromIliad1. 363 whose application to the f present situation is immediately comprehensible, and would have been appreciated by the average reader. Another similar quotation is that ofIliad12. 176: ⋯ργαλ⋯oν δ⋯ με ταȗτα Өε⋯ν ὣς π⋯ντ' ⋯γoρε⋯ειν (...) at 4. 6. 53. Such uses are very simiar to what one, finds in theApocolocyntosisof Seneca, albeit there used for comic effect. There are also snippets of popular wisdom in the form of an old proverb – though it is one with Menippean associations – and a Pythagorean maxim. (shrink)

al-Shirwānī's glosses on Jurjānī's glosses on al-Urmawī's Maṭāliʻ al-anwār on Arabic logic.

Responding to recent concerns about the reliability of the published literature in psychology and other disciplines, we formed the X-Phi Replicability Project to estimate the reproducibility of experimental philosophy. Drawing on a representative sample of 40 x-phi studies published between 2003 and 2015, we enlisted 20 research teams across 8 countries to conduct a high-quality replication of each study in order to compare the results to the original published findings. We found that x-phi studies – as represented in our sample (...) – successfully replicated about 70% of the time. We discuss possible reasons for this relatively high replication rate in the field of experimental philosophy and offer suggestions for best research practices going forward. (shrink)

Appendix 1 was incomplete in the initial online publication. The original article has been corrected.

bakhsh-i 1. Muqaddamah, Manṭiq, Umūr-i ʻāmmah, Ṭabīʻyāt, Ilāhīyāt.

In this article, we present results from a literature review of intrinsic, instrumental, and relational values of nature conducted for the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services, as part of the Methodological Assessment of the Diverse Values and Valuations of Nature. We identify the most frequently recurring meanings in the heterogeneous use of different value types and their association with worldviews and other key concepts. From frequent uses, we determine a core meaning for each value type, which is (...) sufficiently inclusive to serve as an umbrella over different understandings in the literature and specific enough to help highlight its difference from the other types of values. Finally, we discuss convergences, overlapping areas, and fuzzy boundaries between different value types to facilitate dialogue, reduce misunderstandings, and improve the methods for valuation of nature's contributions to people, including ecosystem services, to inform policy and direct future research. © 2023 The Author(s). Published by Oxford University Press on behalf of the American Institute of Biological Sciences. (shrink)

This volume has 41 chapters written to honor the 100th birthday of Mario Bunge. It celebrates the work of this influential Argentine/Canadian physicist and philosopher. Contributions show the value of Bunge’s science-informed philosophy and his systematic approach to philosophical problems. The chapters explore the exceptionally wide spectrum of Bunge’s contributions to: metaphysics, methodology and philosophy of science, philosophy of mathematics, philosophy of physics, philosophy of psychology, philosophy of social science, philosophy of biology, philosophy of technology, moral philosophy, social and political (...) philosophy, medical philosophy, and education. The contributors include scholars from 16 countries. Bunge combines ontological realism with epistemological fallibilism. He believes that science provides the best and most warranted knowledge of the natural and social world, and that such knowledge is the only sound basis for moral decision making and social and political reform. Bunge argues for the unity of knowledge. In his eyes, science and philosophy constitute a fruitful and necessary partnership. Readers will discover the wisdom of this approach and will gain insight into the utility of cross-disciplinary scholarship. This anthology will appeal to researchers, students, and teachers in philosophy of science, social science, and liberal education programmes. 1. Introduction Section I. An Academic Vocation Section II. Philosophy Section III. Physics and Philosophy of Physics Section IV. Cognitive Science and Philosophy of Mind Section V. Sociology and Social Theory Section VI. Ethics and Political Philosophy Section VII. Biology and Philosophy of Biology Section VIII. Mathematics Section IX. Education Section X. Varia Section XI. Bibliography. (shrink)

_Surprisingly modern essays on the unity of all monotheistic regimens by a medieval philosopher_ Written in the mid‑thirteenth century for the newly appointed governor of Isfahan, this compact treatise and philosophical guidebook includes a wide‑ranging and accessible set of essays on ethics, psychology, political philosophy, and the unity of God. Ibn Kammūna,a Jewish scholar writing in Baghdad during a time of Mongol occupation, was a controversial figure whose writings sometimes incited riots. He argued, among other things, the commonality of all (...) monotheisms, both prophetic and philosophical. Here, for the first time in English, is a surprisingly modern work on the unity of all monotheistic regimes from a key medieval philosopher. (shrink)

Progressive supranuclear palsy is a movement disorder with prominent tau neuropathology. Brain diseases with abnormal tau deposits are called tauopathies, the most common of which is Alzheimer's disease. Environmental causes of tauopathies include repetitive head trauma associated with some sports. To identify common genetic variation contributing to risk for tauopathies, we carried out a genome-wide association study of 1,114 individuals with PSP and 3,247 controls followed by a second stage in which we genotyped 1,051 cases and 3,560 controls for the (...) stage 1 SNPs that yielded P ≤ 10-3. We found significant previously unidentified signals associated with PSP risk at STX6, EIF2AK3 and MOBP. We confirmed two independent variants in MAPT affecting risk for PSP, one of which influences MAPT brain expression. The genes implicated encode proteins for vesicle-membrane fusion at the Golgi-endosomal interface, for the endoplasmic reticulum unfolded protein response and for a myelin structural component. © 2011 Nature America, Inc. All rights reserved. (shrink)

Objectives To conduct an independent evaluation of the first phase of the Health Foundation’s Safer Patients Initiative (SPI), and to identify the net additional effect of SPI and any differences in changes in participating and non-participating NHS hospitals. Design Mixed method evaluation involving five substudies, before and after design. Setting NHS hospitals in the United Kingdom. Participants Four hospitals (one in each country in the UK) participating in the first phase of the SPI (SPI1); 18 control hospitals. Intervention The SPI1 (...) was a compound (multi-component) organisational intervention delivered over 18 months that focused on improving the reliability of specific frontline care processes in designated clinical specialties and promoting organisational and cultural change. Results Senior staff members were knowledgeable and enthusiastic about SPI1. There was a small (0.08 points on a 5 point scale) but significant (P<0.01) effect in favour of the SPI1 hospitals in one of 11 dimensions of the staff questionnaire (organisational climate). Qualitative evidence showed only modest penetration of SPI1 at medical ward level. Although SPI1 was designed to engage staff from the bottom up, it did not usually feel like this to those working on the wards, and questions about legitimacy of some aspects of SPI1 were raised. Of the five components to identify patients at risk of deterioration—monitoring of vital signs (14 items); routine tests (three items); evidence based standards specific to certain diseases (three items); prescribing errors (multiple items from the British National Formulary); and medical history taking (11 items)—there was little net difference between control and SPI1 hospitals, except in relation to quality of monitoring of acute medical patients, which improved on average over time across all hospitals. Recording of respiratory rate increased to a greater degree in SPI1 than in control hospitals; in the second six hours after admission recording increased from 40% (93) to 69% (165) in control hospitals and from 37% (141) to 78% (296) in SPI1 hospitals (odds ratio for “difference in difference” 2.1, 99% confidence interval 1.0 to 4.3; P=0.008). Use of a formal scoring system for patients with pneumonia also increased over time (from 2% (102) to 23% (111) in control hospitals and from 2% (170) to 9% (189) in SPI1 hospitals), which favoured controls and was not significant (0.3, 0.02 to 3.4; P=0.173). There were no improvements in the proportion of prescription errors and no effects that could be attributed to SPI1 in non-targeted generic areas (such as enhanced safety culture). On some measures, the lack of effect could be because compliance was already high at baseline (such as use of steroids in over 85% of cases where indicated), but even when there was more room for improvement (such as in quality of medical history taking), there was no significant additional net effect of SPI1. There were no changes over time or between control and SPI1 hospitals in errors or rates of adverse events in patients in medical wards. Mortality increased from 11% (27) to 16% (39) among controls and decreased from 17% (63) to 13% (49) among SPI1 hospitals, but the risk adjusted difference was not significant (0.5, 0.2 to 1.4; P=0.085). Poor care was a contributing factor in four of the 178 deaths identified by review of case notes. The survey of patients showed no significant differences apart from an increase in perception of cleanliness in favour of SPI1 hospitals. Conclusions The introduction of SPI1 was associated with improvements in one of the types of clinical process studied (monitoring of vital signs) and one measure of staff perceptions of organisational climate. There was no additional effect of SPI1 on other targeted issues nor on other measures of generic organisational strengthening. (shrink)

The current study examined youths’ and their parents’ perceptions concerning participation in an investigation of spontaneous and induced pain during recovery from laparoscopic appendectomy. Youth and their parents independently completed surveys about their study participation. On a scale from 0 to 10, both parents and youth rated their experience as positive. Among youth, experience ratings did not differ by pain severity and survey responses did not differ by age. Most youth reported that they would tell another youth to participate. Ethical (...) issues regarding instigation of pain in youth for research purposes are examined. (shrink)