scholarly journals Patient preference predictors and the problem of naked statistical evidence

2018 ◽  
Vol 44 (12) ◽  
pp. 857-862 ◽  
Author(s):  
Nathaniel Paul Sharadin
Keyword(s):  
Patient Preference ◽  
Treatment Decisions ◽  
Statistical Evidence ◽  
The Other ◽  
Medical Professionals ◽  
Legal Scholarship ◽  
Normative Problem ◽  
Incapacitated Patients ◽  
Legal Domain ◽  
The One

Patient preference predictors (PPPs) promise to provide medical professionals with a new solution to the problem of making treatment decisions on behalf of incapacitated patients. I show that the use of PPPs faces a version of a normative problem familiar from legal scholarship: the problem of naked statistical evidence. I sketch two sorts of possible reply, vindicating and debunking, and suggest that our reply to the problem in the one domain ought to mirror our reply in the other. The conclusion is thus conditional: if we think the problem of naked statistical evidence is a serious problem in the legal domain, then we should be concerned about the symmetrical problem for PPPs.

Leon Petrażycki and contemporary socio-legal studies

2015 ◽  
Vol 11 (1) ◽  
pp. 1-16 ◽  
Author(s):  
Roger Cotterrell
Keyword(s):  
Twentieth Century ◽  
Legal Theory ◽  
The Other ◽  
Historical Background ◽  
Valuable Contribution ◽  
Legal Scholarship ◽  
Legal Studies ◽  
Transnational Law ◽  
The One

AbstractThe work of the Polish–Russian scholar Leon Petrażycki from the early decades of the twentieth century holds a strikingly paradoxical position in the literature of juristic and socio-legal scholarship: on the one hand, lauded as a supremely valuable contribution to knowledge about the nature of law and, on the other, widely neglected and little known. This paper asks how far Petrażycki's theories, expressed in writings by and about him available to an international readership, can provide insight for contemporary socio-legal studies – not as historical background but as living ideas. How far can his work speak to current issues and inform current debates? What obstacles stand in the way of this? Why have few international scholars engaged with his theories despite their rigour and originality? The paper starts from this last issue before addressing the others. It argues that Petrażycki's radical legal theory offers strikingly distinctive resources for rethinking issues about the role of law in multicultural societies, the nature of developing transnational law, and the significance of law as an aspect or expression of culture.

scholarly journals Autonomy-based criticisms of the patient preference predictor

2021 ◽  
pp. medethics-2021-107629
Author(s):  
EJ Jardas ◽  
David Wasserman ◽  
David Wendler
Keyword(s):  
Decision Making ◽  
Patient Preference ◽  
Patient Autonomy ◽  
Treatment Decisions ◽  
Treatment Preferences ◽  
Decision Making Process ◽  
Number Of Factors ◽  
Computer Based ◽  
Incapacitated Patients ◽  
Substituted Judgement

The patient preference predictor (PPP) is a proposed computer-based algorithm that would predict the treatment preferences of decisionally incapacitated patients. Incorporation of a PPP into the decision-making process has the potential to improve implementation of the substituted judgement standard by providing more accurate predictions of patients’ treatment preferences than reliance on surrogates alone. Yet, critics argue that methods for making treatment decisions for incapacitated patients should be judged on a number of factors beyond simply providing them with the treatments they would have chosen for themselves. These factors include the extent to which the decision-making process recognises patients’ freedom to choose and relies on evidence the patient themselves would take into account when making treatment decisions. These critics conclude that use of a PPP should be rejected on the grounds that it is inconsistent with these factors, especially as they relate to proper respect for patient autonomy. In this paper, we review and evaluate these criticisms. We argue that they do not provide reason to reject use of a PPP, thus supporting efforts to develop a full-scale PPP and to evaluate it in practice.

How does Brain Matter? The Case of Dignified Mind and Law

2019 ◽  
Author(s):  
Chetan Sinha
Keyword(s):  
Scientific Knowledge ◽  
Brain Area ◽  
The Other ◽  
Social Scientists ◽  
The Social ◽  
The Everyday ◽  
Legal Domain ◽  
The One ◽  
The Brain ◽  
Active Brain Area

<p>What does the brain mean in a legal domain and how the integration of neuroscience and law goes beyond the practical difficulties highlighted by the social scientists and legal theorists? On the one hand, the legal theorists took it as a conceptual error and on the other hand, advocates of neurosciences took it as a promising emerging field of integration. Some scholars took an alternative route considering it as a fascinating element of scientific discourse. The present article aims to show that the coming of “brain language” in comparison to the other forensic languages in the everyday legal discourse is not going to become a reality, as truth inferred through the everyday experiences and the interpretations of scientific knowledge by the judges. Scientific knowledge through the mapping of active brain area by the available brain visualising techniques shows the correlation between brain and behaviour and not the causation. So its use in the legal domain seems less institutionalised, showing the determinism of the brain as less authentic in itself when compared with the intuitive path embedded in the culture and history. </p> <p><b><i> </i></b></p>

Kelsen, Sander, and the Gegenstandsproblem of Legal Science

2011 ◽  
Vol 12 (2) ◽  
pp. 785-810 ◽  
Author(s):  
Christoph Kletzer
Keyword(s):  
Legal Positivism ◽  
The Other ◽  
Legal Scholarship ◽  
Legal Science ◽  
The One

One of the main problems which has emerged in recent years in the debates of legal positivism has been a rather defensive twist in its self-understanding (i.e., its self-affirmation in terms of what it is not). Now, whereas such a negative approach does not in itself pose a problem, in the case of legal positivism it has led to a series of rearguard battles against claims stemming, on the one hand, in more general philosophic developments, and, on the other, in doctrinal legal scholarship. The result has been that some have wondered if between those conceptual and institutional demarcations, between the philosophic and the juridical departments, there actually remains anything for positivism to stand for. Is there anything it actually claims? Accordingly, a perceived dilemma of positivism has emerged along the following lines: insofar as legal positivism makes a sound claim, this claim is very weak and, by itself, not very interesting; insofar, however, as positivism tries to make a strong and interesting claim, this claim can be shown to be fundamentally misguided.

Medicine and the Inquisition in Portugal (Sixteenth and Seventeenth Centuries): People and Books

2018 ◽  
Vol 23 (1-2) ◽  
pp. 92-113 ◽  
Author(s):  
Hervé Baudry
Keyword(s):  
Seventeenth Century ◽  
Overwhelming Majority ◽  
The Other ◽  
Medical Professionals ◽  
Medical Practitioners ◽  
Significant Percentage ◽  
Other Hand ◽  
The One

Abstract The Tribunal of the Inquisition was established in Portugal in 1536. This paper deals with three aspects concerning medicine in sixteenth- and seventeenth-century Portugal: the institution and its members, the medical practitioners, and the books. On the one hand, doctors were necessary to carry out specific duties in the life of the Inquisition. On the other hand, a significant percentage of the victims of the Inquisition were medical professionals, the overwhelming majority being New Christians accused of Judaism. Finally, as did the Roman and Spanish Inquisitions, the Portuguese Holy Office looked after the censorship of books, many of which dealt with medical matters.

scholarly journals JADAL AND THE INTEGRATION OF KALĀM AND FIQH: A CRITICAL STUDY OF IMĀM AL-ḤARAMAYN AL-JUWAYNĪ’S APPLICATION OF ISLAMIC DIALECTIC

2019 ◽  
Vol 4 (02) ◽  
pp. 165-185
Author(s):  
Mohammad Syifa Amin Widigdo
Keyword(s):  
Intellectual History ◽  
Eleventh Century ◽  
The Other ◽  
Critical Study ◽  
Legal Scholarship ◽  
Epistemological Foundation ◽  
Rational Theology ◽  
The One

This article examines Imām al-Ḥaramayn al-Juwaynī’s application of jadal theory in both his legal and theological work by analyzing critically his  major writings, namely: Kitāb al-Irshād (1950), al-Kāfīya fī al-jadal (1979), al-Burhān fī uṣūl al-fiqh (1980), al-Durrah al-Muḍīyah fī mā waqaʿa fīhi al-khilāf bayn al-Shāfiʿīyah wa al-Ḥanafīyah (1986), and Tafḍīl madhhab al-Shāfiʿī ʿalā sā’ir al-madhāhib (2013). Through a hermeneutical reading of these books, I find that Imām al-Ḥaramayn’s application of jadal renders the integration of kalām and fiqh. At first, Imām al-Ḥaramayn aims to obtain knowledge with a certain level of certainty (in the forms of ʿilm or ghalabat al-ẓann) in law and theology by applying jadal in both disciplines. Then, this scholarly attempt of obtaining certainty interestingly provides an epistemological ground for the integration of kalām and fiqh. He inserts theological elements in his legal scholarship and incorporates a juridical perspective in his theological work. As a result, he “rationalizes” Shāfiʿī legal doctrines on the one hand and “traditionalizes” rational theology on the other. This epistemological foundation for the integration of kalām and fiqh is important not only because it provides a different description of Islamic intellectual history, but also redefines the concept of Sunnī in the eleventh century.

scholarly journals Restorative Regulation of Human Rights Compliance Considering the Treatment of Prisoners in the Philippines

2021 ◽  
Author(s):  
◽  
Daniel Kleinsman
Keyword(s):  
Human Rights ◽  
Restorative Justice ◽  
The Philippines ◽  
The Other ◽  
Proper Treatment ◽  
International Human Rights ◽  
Legal Scholarship ◽  
International Human ◽  
The One ◽  
Regulatory Performance

<p>The focus of this thesis is the ill-treatment of prisoners in the Philippines, the realities of which reflect the failings of the international human rights framework more generally. This framework is examined and evaluated in terms of how it can better facilitate compliance, and the proper treatment of Filipino prisoners specifically. To that end, this thesis considers poor regulatory performance in terms of compliance theory and interdisciplinary international legal scholarship. On this basis, it proposes the employment of restorative justice, which seeks to avoid regulatory ritualism on the one hand and imperialism on the other, and seeks to enhance human rights compliance in an empowering, relational way.</p>

How does Brain Matter? The Case of Dignified Mind and Law

2019 ◽  
Author(s):  
Chetan Sinha
Keyword(s):  
Scientific Knowledge ◽  
Brain Area ◽  
The Other ◽  
Social Scientists ◽  
The Social ◽  
The Everyday ◽  
Legal Domain ◽  
The One ◽  
The Brain ◽  
Active Brain Area

<p>What does the brain mean in a legal domain and how the integration of neuroscience and law goes beyond the practical difficulties highlighted by the social scientists and legal theorists? On the one hand, the legal theorists took it as a conceptual error and on the other hand, advocates of neurosciences took it as a promising emerging field of integration. Some scholars took an alternative route considering it as a fascinating element of scientific discourse. The present article aims to show that the coming of “brain language” in comparison to the other forensic languages in the everyday legal discourse is not going to become a reality, as truth inferred through the everyday experiences and the interpretations of scientific knowledge by the judges. Scientific knowledge through the mapping of active brain area by the available brain visualising techniques shows the correlation between brain and behaviour and not the causation. So its use in the legal domain seems less institutionalised, showing the determinism of the brain as less authentic in itself when compared with the intuitive path embedded in the culture and history. </p> <p><b><i> </i></b></p>

The Religion/Secularism Debate in Human Rights Literature

2017 ◽  
Author(s):  
John Haskell
Keyword(s):  
Human Rights ◽  
The Other ◽  
Constitutive Relationship ◽  
Legal Scholarship ◽  
Other Hand ◽  
The One ◽  
Aesthetic Sensibility

The tension between religion and secularism within the field of human rights is a popular topic in contemporary international legal scholarship. In the first section of the chapter, I map the arguments between Christianity, Islam, and liberal secular perspectives: on the one hand, exploring the different styles of treatment available within scholarship, and on the other hand, demonstrating how they bear a constitutive relationship to each other that reveals a common aesthetic sensibility and set of disciplinary assumptions among concerned scholars. Whatever differences exist in the texts, the paper seeks to show that authors only tend to produce four varieties of argument around the rhetorical trope law/religion/secularism, and that each of these four varieties are dependent upon their seemingly antagonistic counterparts.

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