scholarly journals Very Like a Whale: Analogy and the Law

2015 ◽  
Vol 13 (3) ◽  
pp. 335-352
Author(s):  
Jeffrey D. Kahn
Keyword(s):  
Everyday Life ◽  
Analogical Reasoning ◽  
Human Cognition ◽  
Ongoing Debate ◽  
Human Thought ◽  
Legal Writing ◽  
Long Term Consequences ◽  
Social Divide ◽  
The Relationship

Analogical reasoning is common in legal writing, just as analogies are a part of everyday life. Indeed, they may be inescapable features of human cognition. Used well, analogies illuminate the writer’s reasons and persuade the reader. Used poorly, however, they may obscure or even replace the precision and detail in reasoning that is crucial to the development of law. Without entering the ongoing debate about the nature of human thought, this article explores some of the dangers present in the relationship that analogy maintains with law. In particular, the article examines the risks inherent in analogizing across a technological or social divide. The article concludes by noting the long-term consequences of analogies and metaphors in shaping thought and, therefore, society.

Justifying Interventions—The Case of ECOWAS in Liberia

2021 ◽  
pp. 339-354
Author(s):  
Nina Wilén
Keyword(s):  
The United States ◽  
Regional Level ◽  
Military Interventions ◽  
Discursive Analysis ◽  
System P ◽  
Long Term Consequences ◽  
Constitutive Norm ◽  
Normative Order ◽  
The Relationship

In contrast to the other chapters in Part V, Nina Wilén’s focus is on multilateral military interventions at the regional level: She explores the relationship between sovereignty, intervention, and the international normative order, by examining how ECOWAS, an African regional organization, justified its intervention in Liberia’s civil war referring to international norms. Based on a critical discursive analysis of the speeches related to ECOWAS’ decision to intervene in Liberia in 1990, as well as the responses the justifications provoked from the UN and the United States, it is argued that ECOWAS’ intervention and the justifications which accompanied it were clearly influenced by an international normative order where sovereignty is the key constitutive norm and non-intervention the main regulative norm. Yet the fact that ECOWAS also violated the very same norms through its intervention, created a precedent for future regional interventions and implied long-term consequences for the international normative system.

scholarly journals Power and Persuasion: Processes by Which Perceived Power Can Influence Evaluative Judgments

2017 ◽  
Vol 21 (3) ◽  
pp. 223-241 ◽  
Author(s):  
Pablo Briñol ◽  
Richard E. Petty ◽  
Geoffrey R. O. Durso ◽  
Derek D. Rucker
Keyword(s):  
The Self ◽  
Present Review ◽  
Psychological Processes ◽  
Short Term ◽  
Evaluative Judgments ◽  
Long Term Consequences ◽  
The Relationship ◽  
Structured Approach ◽  
Perceived Power

The present review focuses on how power—as a perception regarding the self, the source of the message, or the message itself—affects persuasion. Contemporary findings suggest that perceived power can increase or decrease persuasion depending on the circumstances and thus might result in both short-term and long-term consequences for behavior. Given that perceptions of power can produce different, and even opposite, effects on persuasion, it might seem that any relationship is possible and thus prediction is elusive or impossible. In contrast, the present review provides a unified perspective to understand and organize the psychological literature on the relationship between perceived power and persuasion. To accomplish this objective, present review identifies distinct mechanisms by which perceptions of power can influence persuasion and discusses when these mechanisms are likely to operate. In doing so, this article provides a structured approach for studying power and persuasion via antecedents, consequences, underlying psychological processes, and moderators. Finally, the article also discusses how power can affect evaluative judgments more broadly.

Review of Legal Instruments and Codes on Medical Experimentation with Children

1994 ◽  
Vol 3 (4) ◽  
pp. 560-573 ◽  
Author(s):  
Sujit Choudhry
Keyword(s):  
Medical Research ◽  
Scientific Knowledge ◽  
Research Subjects ◽  
Ongoing Debate ◽  
Medical Experimentation ◽  
Research With Children ◽  
Child Research ◽  
The Subject ◽  
Long Term Consequences

Medical research with children has been the subject of ongoing debate. The reason for controversy is clear. As with research on adults, one must strike a balance between two goals – promoting the health of children through advances in scientific knowledge and protecting child research subjects from exploitation and harm. However, because of their age and relative immaturity, children cannot protect their own interests as well as adult subjects can. Yet as they progress toward adulthood, increasing care must be taken to involve children in decisions that affect them, even to the extent of allowing them to make choices that may have serious and long-term consequences.

The Effect of Widowhood on the Health Status of Older Persons

1986 ◽  
Vol 21 (1) ◽  
pp. 9-25 ◽  
Author(s):  
Kenneth F. Ferraro
Keyword(s):  
Health Status ◽  
Life Events ◽  
Structural Equation ◽  
Older Persons ◽  
Equation Model ◽  
Life Event ◽  
Long Term Consequences ◽  
The Impact ◽  
The Relationship

Interest in the relationship between stress and the onset of illness has stimulated research on the impact of various life events on health status. This article is an analysis of the health consequences of widowhood—the life event considered to require the most readjustment. Considering both objective and subjective measures of health, a structural equation model is developed and tested with panel data of a sample of elders. The findings indicate that widowhood results in an immediate decrease in perceived health but that the long-term consequences are minimal. Also, certain categories of elders shown to be health optimistic are able to maintain their optimism after widowhood. The results are interpreted as reflecting relativity in medical perceptions and favor a transitional model for explaining the normalization of disability.

scholarly journals Consequences of Cognitive Offloading: Boosting Performance But Diminishing Memory

2020 ◽  
Author(s):  
Sandra Grinschgl ◽  
Frank Papenmeier ◽  
Hauke S. Meyerhoff
Keyword(s):  
Task Performance ◽  
Negative Impact ◽  
Memory Performance ◽  
Memory Test ◽  
Memory Representations ◽  
Memory Acquisition ◽  
Long Term Consequences ◽  
Cognitive Offloading ◽  
The Relationship

Modern technical tools such as tablets allow for the temporal externalization of working memory processes (i.e. cognitive offloading). Although such externalizations support immediate performance on different tasks, little is known about potential long-term consequences of offloading behavior. In the current set of experiments, we studied the relationship between cognitive offloading and subsequent memory for the offloaded information as well as the interplay of this relationship with the goal to acquire new memory representations. Our participants solved the Pattern Copy Task, in which we manipulated the costs of cognitive offloading and the awareness of a subsequent memory test. In Experiment 1 (N = 172), we showed that increasing the costs for offloading induces reduced offloading behavior. This reduction in offloading came along with lower immediate task performance but more accurate memory in an unexpected test. In Experiment 2 (N = 172), we confirmed these findings and observed that offloading behavior remained detrimental for subsequent memory performance when participants were aware of the upcoming memory test. Experiment 3 (N = 172) additionally showed that resources released by cognitive offloading are not necessarily “lost”. Those participants who were forced to offload maximally but were aware of the memory test could almost completely counteract the negative impact of offloading on memory. Therefore, cognitive offloading is not detrimental to memory acquisition under all circumstances. Our experiments highlight the importance of the explicit goal to acquire new memory representations when relying on technical tools as offloading did have detrimental effects on memory without such a goal.

scholarly journals Traumatic brain injury may not increase the risk of Alzheimer disease

Neurology ◽  
2017 ◽  
Vol 89 (18) ◽  
pp. 1923-1925 ◽  
Author(s):  
Michael W. Weiner ◽  
Paul K. Crane ◽  
Thomas J. Montine ◽  
David A. Bennett ◽  
Dallas P. Veitch
Keyword(s):  
Traumatic Brain Injury ◽  
Brain Injury ◽  
Alzheimer Disease ◽  
Epidemiologic Studies ◽  
Increased Risk ◽  
Military Populations ◽  
Long Term Consequences ◽  
Relationship Of ◽  
The Relationship

Traumatic brain injury (TBI) commonly occurs in civilian and military populations. Some epidemiologic studies previously have associated TBI with an increased risk of Alzheimer disease (AD). Recent clinicopathologic and biomarker studies have failed to confirm the relationship of TBI to the development of AD dementia or pathologic changes, and suggest that other neurodegenerative processes might be linked to TBI. Additional studies are required to determine the long-term consequences of TBI.

“The Weight of Our Household Rests on My Shoulders”: Inequity in Family Work

2019 ◽  
Vol 41 (8) ◽  
pp. 1258-1281
Author(s):  
Jocelyn M. DeGroot ◽  
Tennley A. Vik
Keyword(s):  
Social Justice ◽  
Lived Experiences ◽  
Negative Impact ◽  
Equity Theory ◽  
Romantic Partners ◽  
Family Work ◽  
Invisible Work ◽  
Long Term Consequences ◽  
The Relationship

This study explores gendered work imbalance, particularly pertaining to parenthood, and posits a social justice perspective with equity theory. Participants for this study were mothers who disclosed their lived experiences with family workload and inequity in an online, open-ended survey. Findings reinforce previous literature, indicating that there is an imbalance in equity between heterosexual romantic partners, and that mothers are overworked and undervalued, as the invisible work completed daily creates an imbalance in the relationship. This imbalance has a negative impact on the relationship and can have long-term consequences when no means of restoring equity is in sight.

Impact of Opioid Administration in the Intensive Care Unit and Subsequent Use in Opioid-Naïve Patients

2021 ◽  
pp. 106002802110168
Author(s):  
Niki M. Krancevich ◽  
Julie J. Belfer ◽  
Heather M. Draper ◽  
Kyle J. Schmidt
Keyword(s):  
Intensive Care Unit ◽  
Intensive Care ◽  
Opioid Use ◽  
Opioid Prescription ◽  
Icu Patients ◽  
Confounding Variables ◽  
Opioid Administration ◽  
Long Term Consequences ◽  
The Relationship

Background Opioids are a mainstay of therapy for patients in the intensive care unit (ICU) as part of the analgesia-first approach to sedation. Despite knowledge of acute consequences of opioid based analgosedation, less is known about the potential long-term consequences, including the effect of opioid administration in the ICU on subsequent opioid use in opioid-naïve patients. Objective To evaluate the relationship between ICU opioid administration to opioid-naïve patients and subsequent opioid use following discharge. Methods A query of the electronic medical record was performed to identify opioid-naïve adult patients admitted directly to an ICU. Patients who received continuous intravenous infusion of fentanyl, hydromorphone, or morphine were screened for inclusion into the analysis. Results Of the 342 patients included for analysis, 164 (47.1%) received an opioid at hospital discharge. In total, 17 of the 342 patients (5.0%) became long-term users, noted to be more common in patients who received an opioid prescription at discharge (8.7% vs 1.6%; P = 0.006). Neither total ICU morphine milligram equivalent (MME) nor average daily ICU MME administration were found to correlate with daily MME prescription quantity at discharge ( R2 = 0.008 and R2 = 0.03, respectively). Following control for potentially confounding variables, total ICU MME administration remained an insignificant predictor of subsequent receipt of an opioid prescription at discharge and long-term opioid use. Conclusion and Relevance This study failed to find a significant relationship between ICU opioid use in opioid-naïve patients and subsequent opioid use. These findings highlight the need to focus on transitions points between the ICU and discharge as potential opportunities to reduce inappropriate opioid continuation.

Accountability in morphological borrowing: Analyzing a linguistic subsystem as a sociolinguistic variable

2008 ◽  
Vol 20 (2) ◽  
pp. 225-253 ◽  
Author(s):  
Tara Sanchez
Keyword(s):  
Social Factors ◽  
Language Contact ◽  
Verbal Morphology ◽  
Language Variation And Change ◽  
Contact Data ◽  
Long Term Consequences ◽  
Theory Of Language ◽  
Relationship Of ◽  
The Relationship

ABSTRACTPrinciples of structural borrowing have been proposed, relating to structures of the languages involved and sociodemographic circumstances of their respective societies. This article quantitatively evaluates the roles of both linguistic and social factors in structural borrowing via examination of language contact data from Aruba and Curaçao, where creole Papiamentu is in contact with Spanish, Dutch, and English. Variationist methods, rooted in Labov's Principle of Accountability, are applied in a novel way to the system of verbal morphology to flesh out factors promoting borrowing. Linguistic factors are found to be quantitatively stronger, and only one nonlinguistic factor was found to promote borrowing. Results are discussed in light of prevailing theories of language contact. Findings contribute to our understanding of the long-term consequences of language contact and the relationship of contact-induced change to a more general sociolinguistic theory of language variation and change.

scholarly journals The Costly and Demanding—Exploring Solution-Based Othering of ‘Non-European Immigrants’ in Norwegian Policy Recommendations

Nordlit ◽  
2019 ◽  
Author(s):  
Søren Mosgaard Andreasen
Keyword(s):  
Welfare State ◽  
Discourse Theory ◽  
Policy Recommendations ◽  
Binary Opposition ◽  
Social Challenge ◽  
European Immigrants ◽  
Long Term Consequences ◽  
The Relationship ◽  
The Welfare State

This article examines the Norwegian scholarly report titled NOU 2017:2—Integration and Trust: Long-Term Consequences of High Immigration (English translation; chapter 1.1) to unpack how ‘non-European immigrants’ are constructed as an economic and social challenge for the welfare state. Principles from discourse theory (DT) and the conceptual framework of othering are applied to discuss how the designation of this category of people as objects of qualification/integration may serve to reify racialized relations of inferiorized difference between white Norwegian majorities and societal newcomers from the Global South. The author tracks this dynamic to a discourse in which the relationship between the Norwegian state and immigrants from countries outside of Europe is organized as a binary opposition between a vulnerable self and an overwhelming, inherently faceless ‘other’. It is suggested that the othering enabled in the NOU (Norges Offentlige Utredninger) report can be viewed as a specific production of monstrosity: a horror-vision of a failing, unintegrated welfare state that needs safeguarding against abnormal, ‘huge waves’ of immigrants from ‘further south’. The argument is finally presented that the report’s vision of integration, by being coded with the logic of presenting a necessary response to an existential threat to welfare state structures, engenders a precarious form of social distancing that is theorized as solution-based othering.

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