‘Primum Non Nocere’: Grey Area in Commanding the Right and Forbidding the Wrong

2011 ◽  
pp. 79-85
Keyword(s):  
1981 ◽  
Vol 53 (3) ◽  
pp. 731-738
Author(s):  
Valerie A. Widdop

In 1957 Poulton was the first to coin the terms ‘open’ and ‘closed’ skills His analysis, based upon the predictability of environmental influences, suggests a vertical approach from failure to success. Knapp later, realizing that, even in unpredictable situations, an athlete could achieve success, placed skills on a horizontal continuum with success possible at any point. All authors since that time have continued to use the horizontal continuum for ‘closed-open’ skill analysis. The horizontal continuum suggests that skills may be entirely closed (spatial restrictions), entirely open (spatial and temporal restrictions), or partly closed and partly open. The ‘grey area’ of the closed-open continuum is, however, futile for skill analysis. If a skill is performed in a stationary environment, at the athlete's own pace, it is closed. If a skill is performed in a moving environment, in which external factors, no matter how small, may adversely affect the outcome of the movement, the skill is open. The “Widdop ‘Y’” suggests that skills be introduced in a closed environment. Those skills which are then to be applied in a closed environment follow the closed stem of the ‘Y,’ concentrate upon repetition, and emphasize technique, poise, and efficiency. Skills which are to be applied in a moving environment follow the open stem of the ‘Y’ and concentrate upon insight into the display, selection, and performance at the right time. Theoretically the ‘Y’ may become diamond-shaped showing that, when a skill is performed successfully 100 percent of the time, external factors no longer adversely affect performance in any situation.


2021 ◽  
Vol 21 (40) ◽  
pp. 7-26
Author(s):  
Matheus Pelegrino da Silva

In diesem Aufsatz sind die dargestellten Gründe der Entscheidungen des Europäischen Gerichtshofs für Menschenrechte in den Fällen Schüth und Obst angesichts der Frage über die Grenze der kirchlichen Autonomie als Menschenrechtsschranke (insbesondere bezüglich des Anspruchs auf Achtung des Privat- und Familienlebens) analysiert. Obwohl beide Fälle behandeln die Kündigung von Arbeitnehmern der Mormonenkirche beziehungsweise der katholischen Kirche wegen eines Loyalitätsverstoßes bei Ehebruch, erfolgte eine Entscheidung zugunsten des Kircheninteresses und die andere zugunsten des Arbeitnehmers. Zuerst sind die Hauptaspekte der Fälle Obst und Schüth dargestellt und danach sind die relevanten Rechtsquellen über das Thema präsentiert. In einem dritten Schritt sind die Kriterien und die Begründungen der Entscheidungen untersucht und dann sind die Wirkungen der Entscheidungen im deutschen Recht hingewiesen. Letztlich sind die Parameter bei der Festsetzung des Spielraums der kirchlichen Autonomie angesichts der Achtung des Art. 8 EMRK in den Entscheidungen identifiziert und die Existenz einer unpräzisen Zone bezüglich dieses Spielraums ist kritisiert.   ABSTRACT This article analyses the reasons that based the decisions of the European Court of Human Rights in the cases Schüth and Obst regarding the question about the limits of the church autonomy as a limit to human rights (especially regarding the right of respect for private and family life). Even though both cases dealt with the termination of employers from the Mormon and the Catholic churches due to breach of loyalty because of adultery, one decision was in favor of the interests of the church, while the other was in favor of the employee. Initially the main aspects in the cases Obst and Schüth are presented and after that the relevant legal sources are presented. In a third part the criteria and justifications of the decisions are studied and then the consequences of these decisions in the German legal order are indicated. Finally, the parameters by the establishment of the church autonomy’s scope in light of the observation of art. 8 ECHR are identified and the existence of a grey area regarding this scope are criticized.


Author(s):  
J. Anthony VanDuzer

SummaryRecently, there has been a proliferation of international agreements imposing minimum standards on states in respect of their treatment of foreign investors and allowing investors to initiate dispute settlement proceedings where a state violates these standards. Of greatest significance to Canada is Chapter 11 of the North American Free Trade Agreement, which provides both standards for state behaviour and the right to initiate binding arbitration. Since 1996, four cases have been brought under Chapter 11. This note describes the Chapter 11 process and suggests some of the issues that may arise as it is increasingly resorted to by investors.


2019 ◽  
Vol 42 ◽  
Author(s):  
Guido Gainotti

Abstract The target article carefully describes the memory system, centered on the temporal lobe that builds specific memory traces. It does not, however, mention the laterality effects that exist within this system. This commentary briefly surveys evidence showing that clear asymmetries exist within the temporal lobe structures subserving the core system and that the right temporal structures mainly underpin face familiarity feelings.


Author(s):  
J. Taft∅

It is well known that for reflections corresponding to large interplanar spacings (i.e., sin θ/λ small), the electron scattering amplitude, f, is sensitive to the ionicity and to the charge distribution around the atoms. We have used this in order to obtain information about the charge distribution in FeTi, which is a candidate for storage of hydrogen. Our goal is to study the changes in electron distribution in the presence of hydrogen, and also the ionicity of hydrogen in metals, but so far our study has been limited to pure FeTi. FeTi has the CsCl structure and thus Fe and Ti scatter with a phase difference of π into the 100-ref lections. Because Fe (Z = 26) is higher in the periodic system than Ti (Z = 22), an immediate “guess” would be that Fe has a larger scattering amplitude than Ti. However, relativistic Hartree-Fock calculations show that the opposite is the case for the 100-reflection. An explanation for this may be sought in the stronger localization of the d-electrons of the first row transition elements when moving to the right in the periodic table. The tabulated difference between fTi (100) and ffe (100) is small, however, and based on the values of the scattering amplitude for isolated atoms, the kinematical intensity of the 100-reflection is only 5.10-4 of the intensity of the 200-reflection.


Author(s):  
Russell L. Steere ◽  
Michael Moseley

A redesigned specimen holder and cap have made possible the freeze-etching of both fracture surfaces of a frozen fractured specimen. In principal, the procedure involves freezing a specimen between two specimen holders (as shown in A, Fig. 1, and the left side of Fig. 2). The aluminum specimen holders and brass cap are constructed so that the upper specimen holder can be forced loose, turned over, and pressed down firmly against the specimen stage to a position represented by B, Fig. 1, and the right side of Fig. 2.


Author(s):  
K.S. McCarty ◽  
N.R. Wallace ◽  
W. Litaker ◽  
S. Wells ◽  
G. Eisenbarth

The production of adrenocorticotropic hormone by non-pituitary carcinomas has been documented in several tumors, most frequently small cell carcinoma of the lung, islet cell carcinomas of the pancreas, thymomas and carcinoids. Electron microscopy of these tumors reveals typical membrane-limited "neurosecretory" granules. Confirmation of the granules as adrenocorticotropin (ACTH) requires the use of OsO4 as a primary fixative to give the characteristic cored granule appearance in conjunction with immunohistochemical demonstration of the hormone peptide. Because of the rarity of ectopic ACTH production by mammary carcinomas and the absence of appropriate ultrastructural studies in the two examples of such ectopic hormone production in the literature of which we are aware (1,2), we present biochemical and ultrastructural data from a carcinoma of the breast with apparent ACTH production.The patient had her primary tumor in the right breast in 1969. The tumor recurred as visceral and subcutaneous metastases in 1976 and again in 1977.


Author(s):  
Melinda L. Estes ◽  
Samuel M. Chou

Many muscle diseases show common pathological features although their etiology is different. In primary muscle diseases a characteristic finding is myofiber necrosis. The mechanism of myonecrosis is unknown. Polymyositis is a primary muscle disease characterized by acute and subacute degeneration as well as regeneration of muscle fibers coupled with an inflammatory infiltrate. We present a case of polymyositis with unusual ultrastructural features indicative of the basic pathogenetic process involved in myonecrosis.The patient is a 63-year-old white female with a one history of proximal limb weakness, weight loss and fatigue. Examination revealed mild proximal weakness and diminished deep tendon reflexes. Her creatine kinase was 1800 mU/ml (normal < 140 mU/ml) and electromyography was consistent with an inflammatory myopathy which was verified by light microscopy on biopsy muscle. Ultrastructural study of necrotizing myofiber, from the right vastus lateralis, showed: (1) degradation of the Z-lines with preservation of the adjacent Abands including M-lines and H-bands, (Fig. 1), (2) fracture of the sarcomeres at the I-bands with disappearance of the Z-lines, (Fig. 2), (3) fragmented sarcomeres without I-bands, engulfed by invading phagocytes, (Fig. 3, a & b ), and (4) mononuclear inflammatory cell infiltrate in the endomysium.


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