scholarly journals Discretion in the “Backyard of Law”: Case Handling of Debt Relief in Sweden

2013 ◽  
Vol 3 (1) ◽  
Author(s):  
Bengt Larsson ◽  
Bengt Jacobsson

This article explores discretion in welfare professional work. The aim is to analyse what room for discretionary decision-making that exist in case handling of debt relief at the Swedish Enforcement Authority (SEA). The analysis is guided by a conceptual distinction between structural and epistemic aspects of discretion, as well as between substantive and procedural aspects. The data comprises official and internal SEA documents, interviews with management and staff and field notes from observations. The analysis points to a change in the balance between standards and discretion in relation to the on-going formalization of case handling at the SEA, though not in the simplistic sense that discretion is diminished through formalization. When taking into account the different analytical aspects of discretion, it is concluded that discretion is narrowed only in some respects. There is still space for case officers in selecting and interpreting information and assess-ing the conditions regarding subject matter.

2009 ◽  
Vol 111 (5) ◽  
pp. 1242-1273 ◽  
Author(s):  
Michele Gregoire Gill ◽  
Bobby Hoffman

Background/Context Although teachers’ core instructional beliefs are difficult to accurately measure, they provide a framework for understanding the thinking that underlies important curricular and pedagogical decisions made in the classroom. Previous research has primarily used self-report to study teacher beliefs, but self-report is better for reporting explicit cognitions rather than implicit ones, such as beliefs. Purpose/Objective/Research Question/Focus of Study The purpose of our study was to investigate teacher talk during shared planning time to provide insight into the rationales behind teachers’ decision making that may be related to their underlying beliefs about subject matter, teaching, learning, and their students. Setting Xavier Middle School is located in a suburban area of a midsized progressive city in Florida and has a teacher-student ratio of about 1:19. It serves sixth- through eighth graders, and 28% of the student population are minority students. Population/Participants/Subjects A team of 4 eighth-grade mathematics teachers at a suburban middle school in the southern part of the United States agreed to participate in this study. Research Design A qualitative case study of eighth-grade mathematics teachers’ discourse was conducted during their weekly shared planning time during the course of one semester. Data Collection and Analysis A tape recorder and field notes were used to record the team's lesson planning discourse. After reviewing the written field notes, scenes of rich dialogue from the audiotapes were selected to be transcribed. Data from the transcripts were coded and assigned to relevant domains based on semantic relationships. Findings/Results We compiled all the domains related to teachers’ rationales or teachers’ thinking about learning and instruction and organized the data in a taxonomy supported by relevant examples from the transcripts. We found that these rationales and cognitions mapped onto six categories consisting of beliefs about pedagogical content, general pedagogy, subject matter, curricular choices, resources/textbooks, and students’ thinking. A consistent theme was found that reflected underlying beliefs in a traditional transmission model of instruction and learning. Conclusions/Recommendations This study supported our hypothesis that teachers’ collaborative planning time discourse provides a unique lens for understanding teachers’ beliefs. Furthermore, teachers’ planning time provided a forum for teachers to display the rationales underlying their decision making, rationales that are usually hidden from view, especially from the view of a researcher. Teachers’ normally hidden planning process was thus rendered visible, and hence open to investigation.


2012 ◽  
Vol 2012 ◽  
pp. 1-8 ◽  
Author(s):  
Patrick Hester

When dealing with complex systems, all decision making occurs under some level of uncertainty. This is due to the physical attributes of the system being analyzed, the environment in which the system operates, and the individuals which operate the system. Techniques for decision making that rely on traditional probability theory have been extensively pursued to incorporate these inherent aleatory uncertainties. However, complex problems also typically include epistemic uncertainties that result from lack of knowledge. These problems are fundamentally different and cannot be addressed in the same fashion. In these instances, decision makers typically use subject matter expert judgment to assist in the analysis of uncertainty. The difficulty with expert analysis, however, is in assessing the accuracy of the expert's input. The credibility of different information can vary widely depending on the expert’s familiarity with the subject matter and their intentional (i.e., a preference for one alternative over another) and unintentional biases (heuristics, anchoring, etc.). This paper proposes the metric of evidential credibility to deal with this issue. The proposed approach is ultimately demonstrated on an example problem concerned with the estimation of aircraft maintenance times for the Turkish Air Force.


2017 ◽  
Vol 7 (1) ◽  
pp. e1611 ◽  
Author(s):  
Werner Vogd

In this article, I draw attention to the societal arrangements that permit or produce the autonomy of professions since professionals have the task of holding the tension among different perspectives. To do so, they must apply differing, irreconcilable logics of reflection and balance them in their decision-making. To gain a differentiated understanding of the complexities of these processes, I propose a metatheoretical conceptualization of the dynamics of professions based on Gotthard Günther’s theory of “polycontexturality,” which can be used both to analyse the interaction processes and to embed them in society. I illustrate this argument with an example from the field of medical treatment. The proposed approach also lays the basis for a differentiated understanding of phenomena, which psychoanalysis has traditionally described in terms of transference and countertransference.


2013 ◽  
Vol 35 (3) ◽  
pp. 160-170 ◽  
Author(s):  
André Rutz ◽  
Amer Cavalheiro Hamdan ◽  
Melissa Lamar

Background: Decision-making is a complex, multidimensional cognitive function that requires the choice between two or more options and also the predictive analysis of its consequences. One of the tools most widely used to assess decision-making in neuropsychological research is the Iowa Gambling Task (IGT). Objective: To conduct a systematic review of articles reporting empirical IGT studies based in Brazil. Method: Articles were obtained from multiple journal databases including ISI Web of Knowledge, Scopus, SciELO, LILACS, and Scholar Google. Results: Thirty-six studies were included in this review and divided into four categories according to main subject matter (psychiatry & personality; demographic & cultural variables; medical/clinic; and psychometric properties & test administration standardization). In general, there was a significant growth in research employing IGT (Χ² = 17.6, df = 5, p = 0.0003), but this growth was restricted to a few geographic areas of Brazil. The psychiatry & personality subject matter was the most abundant, accounting for 14 publications (39% of the total sample). Conclusion: Since its first adaptation to Brazilian Portuguese in 2006, a growing interest in decision-making as measured by the IGT can be observed, with psychiatry & personality topics representing a large portion of the scientific inquiry to date. Nevertheless, in order to extend the initial results of Brazilian IGT decision-making research, more studies are necessary - across a more diverse range of topics, including demographic & cultural variables, and psychometric properties & test administration standardization, the areas least studied -, as is the dissemination of the IGT to more regions of the country.


1981 ◽  
Vol 26 (8) ◽  
pp. 530-533 ◽  
Author(s):  
James Henderson

Clinical psychiatrists often try to avoid medicolegal collaboration because pragmatic difficulties and philosophical differences combine with a sense of diminishing return to make it seem an unproductive area of professional activity. There is a need for rapprochement in the working relationship of lawyers and physicians. In an attempt to facilitate such rapprochement several sources of potential conflict which currently exist are delineated. Differences in subject matter and in methodology are important. Differences in philosophy of practice contribute to a sense of strain and the very nature of the adversarial courtroom situation offends many physicians who fail to appreciate its potential virtues. Lawyers and physicians differ in their approaches to decision-making processes in ways that are mutually vexatious. Some suggestions are reiterated which, if more widely practised, could help us collaborate more effectively with our legal colleagues to the ultimate betterment of our patients and clients.


2013 ◽  
Vol 38 (01) ◽  
pp. 55-71 ◽  
Author(s):  
Banks Miller ◽  
Brett Curry

What role does judicial subject matter expertise play in the review of agency decisions? Using a data set of decisions in which the Board of Patent Appeals and Interferences (BPAI) is reviewed by the Court of Appeals for the Federal Circuit, we investigate this question and find that greater subject matter expertise does make it more likely that a judge will vote to reverse an agency decision.


1970 ◽  
Vol 14 (2) ◽  
Author(s):  
Ian McAndrew

The Labour Relations Act 1987 removed legal restrictions on the subject matter of bargaining. This article reports the results of a survey of employer opinion on current union involvement in plant decision making and on future bargaining scope. Little current union involvement is reported in either operational decisions or more basic management strategy decisions. Some limited employer support is found for the notion that bargaining scope should expand with decentralization of the bargaining structure.


Author(s):  
Sumaira Khan

This study investigated how a head teacher’s decisions were informed by her prior professional experiences in coping with the challenges in the initial years of headship in Government Secondary School in Pakistan. It is a qualitative case study of a newly promoted female head teacher with twenty-nine years of teaching experience, posted in the same school. Multiple data collection tools (interviews, observations, document analysis and field notes) were used to collect data about the inquiry. The study found that decision-making processes and professional experiences were co-related in teaching and learning, managing the staff, efficient and effective placement of the staff, strategic planning and development of the school, and resource management and accountability. Other factors, which influenced the head teacher’s decisions were: pressure from high management and the community, accountability, personal values and priorities, and relationships with stakeholders. The study recommended that policy makers provide support and professional development opportunities for novice and aspiring head teachers and has raised questions for further exploration.


2021 ◽  
Author(s):  
Zoe-Athena Papalois ◽  
Abdullatif Aydın ◽  
Azhar Khan ◽  
Evangelos Mazaris ◽  
Anand Sivaprakash Rathnasamy Muthusamy ◽  
...  

ABSTRACT Objectives: The disruption to surgical training and medical education caused by the global COVID-19 pandemic highlighted the need for realistic, reliable, and engaging educational opportunities available outside of the operating theatre and accessible for trainees of all levels. This paper presents the design and development of a virtual reality curriculum which simulates the surgical mentorship experience outside of the operating theatre, with a focus on surgical anatomy and surgical decision making. Method: This was a multi-institutional study between London’s King’s College and Imperial College. The index procedure selected for the module was robotic radical prostatectomy. For each stage of the surgical procedure, subject-matter experts (N=3) at King’s College London, identified: (1) the critical surgical-decision making points, (2) critical anatomical landmarks and (3) tips and techniques for overcoming intraoperative challenges. Content validity was determined by an independent panel of subject-matter experts (N=8) at Imperial College, London using Fleiss’ Kappa statistic. The experts’ teaching points were combined with operative footage and illustrative animations and projected onto a virtual reality headset. The module was piloted to Surgical Science students (N=15). Quantitative analysis compared participants' confidence regarding their anatomical knowledge before and after taking the module. Qualitative data was gathered from students regarding their views on using the virtual reality model. Results: Multi-rater agreement between experts was above the 70.0% threshold for all steps of the procedure. 73% of pilot study participants ‘agreed’ or ‘strongly agreed’ that they achieved a better understanding of surgical anatomy and the rationale behind each procedural step. This was reflected in an increase in the median knowledge score after trialing the curriculum (p<0.001). 100% of subject-matter experts and 93.3% of participants ‘agreed’ or ‘strongly agreed’ that virtual mentorship would be useful for future surgical training. Conclusions: This study demonstrated that virtual surgical mentorship could be a feasible and cost-effective alternative to traditional training methods with the potential to improve technical skills, such as operative proficiency and non-technical skills such as decision-making and situational judgement.  


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