scholarly journals How Goes the Battle? An Exploration of Guardianship Reform

2012 ◽  
Vol 50 (1) ◽  
pp. 115
Author(s):  
Doug Surtees
Keyword(s):  
Decision Making ◽  
Law Reform ◽  
Guardianship Law ◽  
History Of

This article attempts to evaluate the success of guardianship law reform in Saskatchewan through a study of 446 guardianship applications made since the 2001 enactment of The Adult Guardianship and Co-decision-making Act. It begins by providing a brief history of guardianship law and details the development of the modern legislation. The author examines granted guardianship orders and surveys participants in the guardianship process in order to determine if the principles underlying the modern legislation have been upheld by the courts.

scholarly journals Towards supported decision-making: Article 12 of the convention on the rights of persons with disabilities and guardianship law reform

2017 ◽  
Vol 35 (2) ◽  
pp. 21-43
Author(s):  
Bruce Alston
Keyword(s):  
Decision Making ◽  
Law Reform ◽  
Major Focus ◽  
Policy Makers ◽  
Persons With Disabilities ◽  
Full Effect ◽  
Guardianship Law ◽  
The Will ◽  
The Individual ◽  
Equal Right

In 2014, a set of National Decision-Making Principles (the Principles) was recommended by theAustralian Law Reform Commission as a legal policy guide for reform of Commonwealth, State and Territory laws. The Principles were aimed to encourage supported decision-making; make the appointment of representatives only a last resort; and to ensure that the will, preferences and rights of individuals direct decisions affecting their lives. This article discusses the sources of the Principles and their relationship to Art 12 of the Convention on the Rights of Persons with Disabilities. The article then examines the steps that are needed to give the Principles full effect in Australian laws to regulate decision-making by individuals who require support. A major focus in implementing a paradigm shift towards supported decision-making is reform of State and Territory guardianship and administration laws. The article examines how guardianship laws should be reformed consistently with the Principles - to ensure that guardianship is invoked only as a last resort and after considering the availability of support to assist people in decision-making. Further, guardianship should be as confined in scope and duration as is reasonably possible; subject to accessible mechanisms for review; and decision-making should respect the will, preferences and rights of the individual. At Commonwealth level, the National Disability Insurance Scheme legislation incorporates some elements of supported decision-making. However, these should also be augmented by providing legal recognition for supporters, and associated safeguards. The author suggests that the Principles can be a catalyst for facilitating important law reform over following decades. The article examines how the Principles may be used by communities, policy-makers and governments to promote world-leading legal changes to ensure that individuals with disability have an equal right to make decisions for themselves.

Elaborating the role of reflection and individual differences in the study of folk-economic beliefs

2018 ◽  
Vol 41 ◽  
Author(s):  
Kevin Arceneaux
Keyword(s):  
Decision Making ◽  
Individual Differences ◽  
Cognitive Processes ◽  
Evolutionary History ◽  
Behavioral Responses ◽  
History Of ◽  
Economic Beliefs

AbstractIntuitions guide decision-making, and looking to the evolutionary history of humans illuminates why some behavioral responses are more intuitive than others. Yet a place remains for cognitive processes to second-guess intuitive responses – that is, to be reflective – and individual differences abound in automatic, intuitive processing as well.

Islands of Stability: Engaging Emergence from Cellular Automata to the Occupy Movement

2014 ◽  
Vol 5 (1) ◽  
Author(s):  
Andrew Pickering
Keyword(s):  
Decision Making ◽  
Cellular Automata ◽  
Black Box ◽  
Collective Decision ◽  
Collective Decision Making ◽  
Occupy Movement ◽  
History Of ◽  
The 1960S

"Instead of considering »being with« in terms of non-problematic, machine-like places, where reliable entities assemble in stable relationships, STS conjures up a world where the achievement of chancy stabilisations and synchronisations is local.We have to analyse how and where a certain regularity and predictability in the intersection of scientists and their instruments, say, or of human individuals and groups, is produced.The paper reviews models of emergence drawn from the history of cybernetics—the canonical »black box,« homeostats, and cellular automata—to enrich our imagination of the stabilisation process, and discusses the concept of »variety« as a way of clarifying its difficulty, with the antiuniversities of the 1960s and the Occupy movement as examples. Failures of »being with« are expectable. In conclusion, the paper reviews approaches to collective decision-making that reduce variety without imposing a neoliberal hierarchy. "

Wegvoeringen en weggevoerden tijdens de meidagen van 1940

2014 ◽  
Vol 73 (3) ◽  
pp. 250-259
Author(s):  
Etienne Verhoeyen
Keyword(s):  
Decision Making ◽  
Large Majority ◽  
The Political ◽  
Extreme Right ◽  
Political Decision ◽  
Belgian Society ◽  
Complete Study ◽  
History Of ◽  
Risky Business ◽  
Political Decision Making

Met dit boek levert Frank Seberechts een nagenoeg volledige studie af van een van de minder fraai kanten van de Belgische samenleving in 1940: de administratieve arrestatie en de wegvoering naar Frankrijk van enkele duizenden personen (de ‘verdachten’), Belgen of in België verblijvende vreemdelingen. De extreem-rechtse en pro-Duitse arrestanten hebben na hun vrijlating dit feit politiek in hun voordeel uitgebaat, waardoor volledig in de schaduw kwam te staan dat de overgrote meerderheid van de weggevoerden joodse mensen waren die in de jaren voor de oorlog naar België waren gevlucht. Dat het beeld van de wegvoeringen niet volledig is, is grotendeels te wijten aan het feit dat de meeste archieven die hierop betrekking hebben tijdens de meidagen van 1940 vernietigd werden. Met name de politieke besluitvorming over de wegvoeringen vertoont nog steeds schemerzones, zodat het vastleggen van verantwoordelijkheden ook vandaag nog een gewaagde onderneming is.________Deportations and the deported during the Maydays in 1940 By means of this book Frank Seberechts provides an almost complete study of one of the less admirable sides of Belgian society in 1940: the administrative arrest and the deportation to France of some thousands of people (‘the suspects’), Belgians or foreigners residing in Belgium. The extreme-right and pro-German detainees politically exploited this fact after they had been freed, but this completely overshadowed the point that the large majority of the deported people were Jews who had fled to Belgium during the years preceding the war. This incomplete portrayal of the deportations is mainly due to the fact that most of the archives relating to the events had been destroyed during the Maydays of 1940. The history of the political decision-making about the deportations in particular still shows many grey areas and it is therefore still a risky business even today to determine which people should be held accountable.

The use of a Domain Ontology for the Management of Essential Hypertension (Preprint)

2020 ◽  
Author(s):  
Emma Chavez ◽  
Vanessa Perez ◽  
Angélica Urrutia
Keyword(s):  
Decision Making ◽  
Essential Hypertension ◽  
Medical History ◽  
Medical Records ◽  
Medical Training ◽  
Relevant Information ◽  
Domain Ontology ◽  
Free Text ◽  
Snomed Ct ◽  
History Of

BACKGROUND : Currently, hypertension is one of the diseases with greater risk of mortality in the world. Particularly in Chile, 90% of the population with this disease has idiopathic or essential hypertension. Essential hypertension is characterized by high blood pressure rates and it´s cause is unknown, which means that every patient might requires a different treatment, depending on their history and symptoms. Different data, such as history, symptoms, exams, etc., are generated for each patient suffering from the disease. This data is presented in the patient’s medical record, in no order, making it difficult to search for relevant information. Therefore, there is a need for a common, unified vocabulary of the terms that adequately represent the diseased, making searching within the domain more effective. OBJECTIVE The objective of this study is to develop a domain ontology for essential hypertension , therefore arranging the more significant data within the domain as tool for medical training or to support physicians’ decision making will be provided. METHODS The terms used for the ontology were extracted from the medical history of de-identified medical records, of patients with essential hypertension. The Snomed-CT’ collection of medical terms, and clinical guidelines to control the disease were also used. Methontology was used for the design, classes definition and their hierarchy, as well as relationships between concepts and instances. Three criteria were used to validate the ontology, which also helped to measure its quality. Tests were run with a dataset to verify that the tool was created according to the requirements. RESULTS An ontology of 310 instances classified into 37 classes was developed. From these, 4 super classes and 30 relationships were obtained. In the dataset tests, 100% correct and coherent answers were obtained for quality tests (3). CONCLUSIONS The development of this ontology provides a tool for physicians, specialists, and students, among others, that can be incorporated into clinical systems to support decision making regarding essential hypertension. Nevertheless, more instances should be incorporated into the ontology by carrying out further searched in the medical history or free text sections of the medical records of patients with this disease.

Juvenile Justice

2017 ◽  
Author(s):  
Asha Bajpai
Keyword(s):  
Civil Society ◽  
Juvenile Justice ◽  
United Nations ◽  
International Law ◽  
Law Reform ◽  
Child Victims ◽  
Present Stage ◽  
Alternative Care ◽  
Need Of Care ◽  
History Of

This chapter deals with those children in especially difficult circumstances that are vulnerable, marginalized, destitute, and neglected and deprived of their basic rights. It commences with a history of the Juvenile Justice legislation in India right from the Children’s Act of 1960s to the current Juvenile Justice (Care and Protection of Children) Act, 2015. The barriers faced in the administration and implementation of the Juvenile Justice legislation throughout its evolution to its present stage is discussed in detail. How the law deals with children in need of care and protection and children in conflict with law are discussed in this chapter. Landmark judgements by courts and suggestions for further law reform are included. This chapter also contains international law relating to administration of juvenile justice, and United Nations guidelines in matters in matters involving child victims and witnesses of crime including UN Guidelines on Alternative Care of Children. Some civil society interventions are also included.

The contamination of trauma. Traumatized minds, broken families and dysfunctional work groups: Organizational and interpersonal dynamics in complex child welfare court proceedings

2021 ◽  
pp. 053331642110150
Author(s):  
Stuart Stevenson
Keyword(s):  
Decision Making ◽  
Work Groups ◽  
Work Group ◽  
Best Interests ◽  
Organizational Dynamics ◽  
Children And Families ◽  
Vulnerable Children ◽  
History Of ◽  
Adults And Children ◽  
Court Proceedings

Professional work groups engaging with traumatized and dysfunctional families are presented with a disproportionate challenge to an already inevitably painful process that can be an obstacle to balanced decision-making in the children’s best interests. Trauma, abuse and neglect can influence the professional culture that condenses around these families. This occurs more often with the most challenging families with a possible history of professional failure resulting in professional conflict, impulsive and poor decision-making due to the occasions that these destructive dynamics have become unmanageable. Serious case reviews into the deaths of children regularly outline professional failures relating to a breakdown in communication within the professional system and essential and potential lifesaving information having been lost or failing to have been acted upon. The ability to understand complex group and organizational dynamics and the ability to manage relationships with traumatized adults and children, as well as within traumatized work groups is, therefore, an essential skill set for professionals working with the most vulnerable children and families. This article explores trauma and its impact on a work group and why this process was disturbed by uncontained anxiety resulting in professional conflict.

Mind and soul? Two notions in the light of contemporary philosophy

2021 ◽  
pp. 0957154X2110100
Author(s):  
Enrico Berti
Keyword(s):  
Decision Making ◽  
Free Will ◽  
Moral Decision ◽  
Contemporary Philosophy ◽  
Moral Decision Making ◽  
History Of

From the perspective of the Aristotelian notion of ‘Form’, the author explores the history of the concepts of mind and soul focusing on their ontologized version, as entertained by conventional science. He concludes that current neuroscience lacks the conceptual wherewithal required to deal with the meaning of mind and soul and with agential consequences such as free will and moral decision making. [GEB]

The Role of the Representative: Some Empirical Observations on the Theory of Edmund Burke

1959 ◽  
Vol 53 (3) ◽  
pp. 742-756 ◽  
Author(s):  
Heinz Eulau ◽  
John C. Wahlke ◽  
William Buchanan ◽  
Leroy C. Ferguson
Keyword(s):  
Decision Making ◽  
Political Theory ◽  
Empirical Research ◽  
Body Politic ◽  
Whole Body ◽  
Edmund Burke ◽  
Political Systems ◽  
General Consensus ◽  
History Of

The problem of representation is central to all discussions of the functions of legislatures or the behavior of legislators. For it is commonly taken for granted that, in democratic political systems, legislatures are both legitimate and authoritative decision-making institutions, and that it is their representative character which makes them authoritative and legitimate. Through the process of representation, presumably, legislatures are empowered to act for the whole body politic and are legitimized. And because, by virtue of representation, they participate in legislation, the represented accept legislative decisions as authoritative. But agreement about the meaning of the term “representation” hardly goes beyond a general consensus regarding the context within which it is appropriately used. The history of political theory is studded with definitions of representation, usually embedded in ideological assumptions and postulates which cannot serve the uses of empirical research without conceptual clarification.

Offender-Centric Policing in Cases of Rape

2021 ◽  
pp. 002201832110274
Author(s):  
Philip NS Rumney ◽  
Duncan McPhee
Keyword(s):  
Decision Making ◽  
Domestic Violence ◽  
Police Officers ◽  
Sexual Offending ◽  
Confirmation Bias ◽  
Missed Opportunities ◽  
Predatory Behaviour ◽  
Investigative Tool ◽  
Care And Support ◽  
History Of

The article explores the idea of ‘offender-centric’ policing in cases of rape, with its focus on suspect and offender admissions and behaviours. It features discussion of 11 cases, illustrating offender-centric pathways to charge or conviction, the challenges facing complainants, suspects and police officers, along with missed opportunities to focus on a suspect’s behaviour. The importance of victim care and support is discussed, and it is argued that victim care should accompany an offender-centric approach to rape investigation. It is also argued that there are potential dangers with offender-centric tactics, specifically, that without due care it may become a self-confirming investigative tool influenced by confirmation bias which may lead to flawed decision-making. The article concludes by arguing that offender-centric policing has benefits in those cases with suspects who engage in predatory behaviour, have a history of previously undisclosed sexual offending and domestic violence and other problematic behaviours. It also has value in focusing the attention of investigators on what steps were taken by a suspect to ascertain the complainant’s consent. While the offender-centric approach cannot address all investigative challenges in rape cases, it is a useful addition to existing strategies.

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