The common law model rests on assumptions that underlie both theory and practice and this will become clear as legal study is undertaken. It is said that in fact it rests on notions of the ideal type of rationalist tradition (Twining and Miers (1999)) This model involves the pursuit of ‘truth’ through rational means. Can you make accurate present judgements based on reasoning in cases occurring in the past on similar facts? This is certainly what the doctrine of precedent demands. The English legal system has developed principles designed to draw out that past reasoning and use it in the present and to obtain consistent decision making. Such a pursuit has as a high, but not overriding priority, the securing of justice under law. The model of adjudication is instrumentalist in that the pursuit of truth through reason is only a means to achieving a particular type of justice: the implementation of substantive law. • The mode of decision making is rational not irrational, and because it is highly aspirational its practice is often critiqued. • The mode of reasoning is inductive (to be explained below). Although there is room for constructing deductive argument (again to be explained below) proof always needs to be by inductive means, as will be described. As you will have noted by now, argument requires careful attention to detail, planning and understanding that there is a close relationship between: • cases of authority; • language usage; • logic and reasoning; • planning; • imagination; and above all • excellent skills in critical thinking. The phrases ‘critical thinking’, ‘critical reasoning’, ‘critical reflection’ come up often so it is important to be clear about what these mean. 7.4 CRITICAL THINKING Central to the task of study is the cultivation of excellent critical thinking. Every day, all the time, information is received, processed, evaluated, ignored or acted upon by the human brain. This information is received via all the senses, hearing, seeing, touching, smelling. It is processed in micro seconds, and often without the person’s conscious awareness of the process of: • receipt of information; • evaluation of information; • action based on evaluation (do nothing/do something/store information for later use). In our everyday life, if we refuse the information, or do not receive it, or fail to evaluate and act on it in some way, even if it is just to decide to ignore it, we would

2012 ◽  
pp. 213-213
Keyword(s):  
Decision Making ◽  
Critical Thinking ◽  
Theory And Practice ◽  
Conscious Awareness ◽  
Deductive Argument ◽  
Critical Reasoning ◽  
Close Relationship ◽  
The Common ◽  
Substantive Law ◽  
Time Information

Operational Decision Making in Aviation

2015 ◽  
pp. 15-37
Keyword(s):  
Decision Making ◽  
Critical Thinking ◽  
Theory And Practice ◽  
Time Compression ◽  
Conflicting Information ◽  
Body Of Knowledge ◽  
Operational Systems ◽  
Operational Decision Making

Operational decision making, sometimes referred to as decision making in operational systems, is singular among all other classes of decisions. The type of decision used in operational systems is known as an operational decision and is addressed by the theory and practice of operational decision making (ODM). ODM is a body of knowledge and a system of thought, similar in many respects to critical thinking, but with some important differences. They are that a decision must often be made under increased time compression, it must be made with incomplete of conflicting information, and the consequences of a poor decision could be catastrophic. This chapter provides a brief overview of this important subject. More in-depth treatments follow in later chapters.

What is a Complex? Freudian Resistances

2018 ◽  
Author(s):  
Simon Morgan Wortham
Keyword(s):  
Value Theory ◽  
Theory And Practice ◽  
The Political ◽  
Industrial Complex ◽  
Military Industrial Complex ◽  
Noam Chomsky ◽  
Cultural Legacy ◽  
Contemporary Science ◽  
The Common ◽  
Post War

This chapter evaluates the question of the ‘complex’ in a range of scientific, political and psychoanalytic contexts, asking not only where lines of connection and demarcation occur among specific distributions of meaning, value, theory and practice; but also probing the psychoanalytic corpus, notably Freud’s writings on the notion of a ‘complex’, in order to reframe various implications of the idea that this term tends to resist its own utilisation as both an object and form of analysis. This section establishes connections between three sets of theoretical questions: the common practice of describing modernity and its wake in terms of a drive towards increasing complexity; the meaning and cultural legacy of phrases such as ‘military-industrial complex’ and sundry derivations in the political sphere; and the intricacies and ambiguities subtending the term ‘complex’ within psychoanalytic theory. As a concept that Freud both utilised and repudiated, the provocative power of the term ‘complex’ is linked to the way it thwarts various attempts at systemization (providing nonetheless an apparatus of sorts through which contemporary science, Slavoj Žižek, Noam Chomsky, Freud, Eisenhower, and post-war politics can be articulated to one another).

How Should We Educate Students Whose Cultures Frown upon Rational Disputation?

2017 ◽  
Author(s):  
Harvey Siegel
Keyword(s):  
Decision Making ◽  
Critical Thinking ◽  
Public Education ◽  
Cultural Diversity ◽  
Cultural Differences ◽  
Democratic Participation ◽  
Central Importance ◽  
Full Participation ◽  
Rational Argumentation

`How should public education in democratic states deal with the cultural diversity brought about by contemporary globalization? My suggestion is that key to democratic public education is the obligation to foster in students the skills and abilities, and attitudes and dispositions, needed to participate fully in democratic decision-making. Of central importance are the abilities and dispositions required for critical thinking and rational argumentation: evaluating arguments of others, constructing arguments of one’s own that might rationally persuade one’s fellow citizens, etc. Without these abilities and dispositions, full participation in democratic decision-making is impossible. But fostering them is problematic when students are members of cultures in which argumentation is frowned upon. In this paper I address this tension, and argue that while respecting cultural differences is of the first importance, in democracies it cannot override the requirements of democracy itself. When these two clash, the requirements of democratic participation must take precedence.

scholarly journals Interpreting change through legal culture: the case of the Irish exclusionary rule

Legal Studies ◽  
2021 ◽  
pp. 1-18
Author(s):  
Claire Hamilton
Keyword(s):  
Decision Making ◽  
Common Law ◽  
Legal Culture ◽  
Macro Level ◽  
Judicial Decision ◽  
Exclusionary Rule ◽  
Judicial Decision Making ◽  
The Common ◽  
Law Of Evidence

Abstract The changes to the Irish exclusionary rule introduced by the judgment in People (DPP) v JC mark an important watershed in the Irish law of evidence and Irish legal culture more generally. The case relaxed the exclusionary rule established in People (DPP) v Kenny, one of the strictest in the common law world, by creating an exception based on ‘inadvertence’. This paper examines the decision through the lens of legal culture, drawing in particular on Lawrence Friedman's distinction between ‘internal’ and ‘external’ legal culture to help understand the factors contributing to the decision. The paper argues that Friedman's concept and, in particular, the dialectic between internal and external legal culture, holds much utility at a micro as well as macro level, in interrogating the cultural logics at work in judicial decision-making.

scholarly journals Widening the common space to reduce the gap between climate science and decision-making in industry

2021 ◽  
Vol 23 ◽  
pp. 100237
Author(s):  
Luise J. Fischer ◽  
Heini Wernli ◽  
David N. Bresch
Keyword(s):  
Decision Making ◽  
Climate Science ◽  
Common Space ◽  
The Common

scholarly journals Can Alveolar-Arterial Difference and Lung Ultrasound Help the Clinical Decision Making in Patients with COVID-19?

Diagnostics ◽  
2021 ◽  
Vol 11 (5) ◽  
pp. 761
Author(s):  
Gianmarco Secco ◽  
Francesco Salinaro ◽  
Carlo Bellazzi ◽  
Marco La Salvia ◽  
Marzia Delorenzo ◽  
...  
Keyword(s):  
Decision Making ◽  
Clinical Decision Making ◽  
Lung Ultrasound ◽  
Signs And Symptoms ◽  
Clinical Decision ◽  
Arterial Oxygen ◽  
Arterial Blood Gas ◽  
Arterial Blood ◽  
Lung Dysfunction ◽  
Close Relationship

Background: COVID-19 is an emerging infectious disease, that is heavily challenging health systems worldwide. Admission Arterial Blood Gas (ABG) and Lung Ultrasound (LUS) can be of great help in clinical decision making, especially during the current pandemic and the consequent overcrowding of the Emergency Department (ED). The aim of the study was to demonstrate the capability of alveolar-to-arterial oxygen difference (AaDO2) in predicting the need for subsequent oxygen support and survival in patients with COVID-19 infection, especially in the presence of baseline normal PaO2/FiO2 ratio (P/F) values. Methods: A cohort of 223 swab-confirmed COVID-19 patients underwent clinical evaluation, blood tests, ABG and LUS in the ED. LUS score was derived from 12 ultrasound lung windows. AaDO2 was derived as AaDO2 = ((FiO2) (Atmospheric pressure − H2O pressure) − (PaCO2/R)) − PaO2. Endpoints were subsequent oxygen support need and survival. Results: A close relationship between AaDO2 and P/F and between AaDO2 and LUS score was observed (R2 = 0.88 and R2 = 0.67, respectively; p < 0.001 for both). In the subgroup of patients with P/F between 300 and 400, 94.7% (n = 107) had high AaDO2 values, and 51.4% (n = 55) received oxygen support, with 2 ICU admissions and 10 deaths. According to ROC analysis, AaDO2 > 39.4 had 83.6% sensitivity and 90.5% specificity (AUC 0.936; p < 0.001) in predicting subsequent oxygen support, whereas a LUS score > 6 showed 89.7% sensitivity and 75.0% specificity (AUC 0.896; p < 0.001). Kaplan–Meier curves showed different mortality in the AaDO2 subgroups (p = 0.0025). Conclusions: LUS and AaDO2 are easy and effective tools, which allow bedside risk stratification in patients with COVID-19, especially when P/F values, signs, and symptoms are not indicative of severe lung dysfunction.

scholarly journals Fensomea setacea, gen. & sp. nov. (Cladopyxidaceae, Dinophyceae), is neither gonyaulacoid nor peridinioid as inferred from morphological and molecular data

2021 ◽  
Vol 11 (1) ◽  
Author(s):  
Marc Gottschling ◽  
Maria Consuelo Carbonell-Moore ◽  
Kenneth Neil Mertens ◽  
Monika Kirsch ◽  
Malte Elbrächter ◽  
...  
Keyword(s):  
Molecular Data ◽  
Character Evolution ◽  
Ancestral State ◽  
Close Relationship ◽  
Regular Configuration ◽  
The Common ◽  
Morphological And Molecular Data ◽  
Rrna Sequences

AbstractDinophyte evolution is essentially inferred from the pattern of thecal plates, and two different labelling systems are used for the important subgroups Gonyaulacales and Peridiniales. The partiform hypotheca of cladopyxidoid dinophytes fits into the morphological concepts of neither group, although they are assigned to the Gonyaulacales. Here, we describe the thecate dinophyte Fensomea setacea, gen. & sp. nov., which has a cladopyxidoid tabulation. The cells displayed a Kofoidean plate formula APC, 3′, 4a, 7″, 7C, 6S, 6′′′, 2′′′′, and slender processes were randomly distributed over the echinate or baculate surface. In addition, we obtained rRNA sequences of F. setacea, gen. & sp. nov., but dinophytes that exhibit a partiform hypotheca did not show a close relationship to Gonyaulacales. Character evolution of thecate dinophytes may have progressed from the ancestral state of six postcingular plates, and two more or less symmetrically arranged antapical plates, towards patterns of only five postcingular plates (Peridiniales) or more asymmetrical configurations (Gonyaulacales). Based on our phylogenetic reconsiderations the contact between the posterior sulcal plate and the first postcingular plate, as well as the contact between an antapical plate and the distalmost postcingular plate, do not represent a rare, specialized gonyaulacoid plate configuration (i.e., the partiform hypotheca of cladopyxidoid dinophytes). Instead, these contacts correspond to the common and regular configuration of peridinioid (and other) dinophytes.

Communication Theory and Training Approaches for Multiculturally Diverse Organizations: Have Academics and Practitioners Missed the Connection?

2001 ◽  
Vol 30 (4) ◽  
pp. 445-455 ◽  
Author(s):  
Marguerite Arai ◽  
Maryanne Wanca-Thibault ◽  
Pamela Shockley-Zalabak
Keyword(s):  
Communication Theory ◽  
Diversity Training ◽  
Multicultural Training ◽  
Theory And Practice ◽  
Important Research ◽  
Human Communication ◽  
The Past ◽  
The Common ◽  
Multiculturally Diverse ◽  
And Training

While a number of articles have looked at the importance of multicultural training in the workplace over the past 30 years, there is little concrete agreement that documents the common fundamental elements of a “successful” diversity initiative. A review of the training literature suggests the importance of human communication theory and practice without including important research, methodologies, and practice from the communication discipline. This article examines formal diversity approaches, provides examples from the literature of several successful diversity initiatives in larger organizations, identifies the limited use of communication-based approaches in diversity training, and discusses the importance of integrating communication theory and practice in future training efforts.

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