Opposite Conclusion
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Author(s):  
Kaitlin Woolley ◽  
Peggy J Liu

Abstract Consumers often form calorie estimates. How consumers estimate calories can systematically bias their calorie assessments. We distinguish between magnitude estimates—when consumers judge whether something has “very few” to “many” calories—and numeric estimates—when consumers estimate a number of calories. These two estimation modes lead to calorie estimate reversals when assessing calories in stimuli that trade off type and quantity, such as when assessing calories in a smaller portion of unhealthy food versus a larger portion of healthier food. When forming a “magnitude estimate,” people judge the larger, healthier food portion as containing fewer calories than the smaller, unhealthy food portion. However, when forming a “numeric estimate,” people often come to the opposite conclusion—judging the larger, healthier food portion as having more calories. This reversal occurs because these two estimation modes are differentially sensitive to information regarding a stimulus’ type (e.g., food healthiness), which is processed first, and quantity (e.g., food portion size), which is processed secondarily. Specifically, magnitude estimates are more sensitive to type, whereas numeric estimates attend to both type and quantity. Accordingly, this divergence between calorie estimation modes attenuates when: 1) quantity information is made primary or 2) in an intuitive (vs. deliberative) mindset.


2020 ◽  
pp. medethics-2020-106781
Author(s):  
Christopher A Bobier ◽  
Adam Omelianchuk

Giubilini and Minerva argue that the permissibility of abortion entails the permissibility of infanticide. Proponents of what we refer to as the Birth Strategy claim that there is a morally significant difference brought about at birth that accounts for our strong intuition that killing newborns is morally impermissible. We argue that strategy does not account for the moral intuition that late-term, non-therapeutic abortions are morally impermissible. Advocates of the Birth Strategy must either judge non-therapeutic abortions as impermissible in the later stages of pregnancy or conclude that they are permissible on the basis of premises that are far less intuitively plausible than the opposite conclusion and its supporting premises.


Obiter ◽  
2020 ◽  
Vol 41 (2) ◽  
pp. 447-460
Author(s):  
S Ferreira ◽  
CJ Pretorius

Recently, in Harvey v Crawford (2019 (2) SA 153 (SCA)) (Harvey), the Supreme Court of Appeal had to consider whether the adopted grandchildren of a trust donor were beneficiaries in terms of a notarially executed deed of trust. Presently, an adopted child is for all purposes regarded as the child of the adoptive parent, and an adoptive parent is for all purposes regarded as the parent of the adopted child (s 242(3) of the Children’s Act 38 of 2005) (the Children’s Act)). This was also the case in 1953, when the deed of trust in Harvey was executed and when the Children’s Act 31 of 1937 (the 1937 Act) regulated adoption. However, contrary to current legislation, the 1937 Act included a proviso with regard to property that was included in an instrument prior to the date of the adoption order: the instrument was required to display a clear intention that such property would indeed devolve upon an adopted child.Upon interpretation of the deed in question, the court ruled that the adopted children were not entitled to benefit from the capital in the trust. In this regard, the majority opted for a rather restrictive approach, seemingly out of step with recent developments in the interpretation of contracts. The minority decision, on the other hand, came to the opposite conclusion, displaying a more balanced approach to the issue of interpretation. This decision raises some noteworthy issues regarding the interpretation of inter vivos trust deeds with specific reference to adoption. It is submitted that the court erred in its findings; the aim of this case discussion is to analyse the judgment.


2020 ◽  
pp. 088832542095349
Author(s):  
Martyna Grądzka-Rejak ◽  
Jan Olaszek

The article analyzes discussions around the documentary film Shoah, by Claude Lanzmann, conducted in the uncensored press in communist Poland. In the literature on the subject, a popular thesis claims that the democratic opposition in Poland, like the authorities of the Polish People’s Republic, subjected this film to explicit criticism. The authors’ research into discussions about the Holocaust in the Polish independent press leads to the opposite conclusion. Ours analysis shows that authors publishing in the underground press had varied reactions to Lanzmann’s film. Voices opposing the official campaign against the director and his film predominate (which did not mean a complete lack of criticism vis-à-vis some of the movie’s features). We found only two opinions that can be considered clearly negative. The debate about Lanzmann’s film is important because it shows the complexity of the democratic opposition’s attitude of toward Polish-Jewish history and memory. In the opposition elite’s view of history, two currents ran in parallel, often in statements authored by the same people. On the one hand, the trend was primarily affirmative, as a reaction to the communist propaganda that bypassed or completely distorted some aspects of Polish history. On the other hand, there was also a tendency to include more controversial or even clearly shameful aspects of the history of Poland.


2020 ◽  
Vol 110 (5) ◽  
pp. 1274-1315 ◽  
Author(s):  
Adam J. Kapor ◽  
Christopher A. Neilson ◽  
Seth D. Zimmerman

This paper studies how welfare outcomes in centralized school choice depend on the assignment mechanism when participants are not fully informed. Using a survey of school choice participants in a strategic setting, we show that beliefs about admissions chances differ from rational expectations values and predict choice behavior. To quantify the welfare costs of belief errors, we estimate a model of school choice that incorporates subjective beliefs. We evaluate the equilibrium effects of switching to a strategy-proof deferred acceptance algorithm, and of improving households’ belief accuracy. We find that a switch to truthful reporting in the DA mechanism offers welfare improvements over the baseline given the belief errors we observe in the data, but that an analyst who assumed families had accurate beliefs would have reached the opposite conclusion. (JEL D83, H75, I21, I28)


Author(s):  
Stephen A. Smith

Chapter 7 examines remedies issued in response to wrongs. Some writers assume that all remedies are responses to wrong; others argue for the opposite conclusion. This chapter defends a mid-way position, arguing that some (but only some) damages awards are wrong-responding, specifically: nominal damages, exemplary damages, pain and suffering damages, and a variety of awards that are described compendiously as ‘vindicatory’ damages (and individually as user damages, waiver damages, market-price damages, non-pecuniary damages, and gain-based damages). Importantly, ordinary compensatory damages are not responses to wrongs. In defending this position, Chapter 7 rejects the ‘continuity thesis’ and, more generally, the idea of a substantive duty to pay damages. The chapter also explains the distinctive characteristics of wrong-based remedies, arguing that there is no natural or logical remedial response to a wrong (and, therefore, that, like criminal punishment, the sums awarded under this heading are determined by choice and convention).


2019 ◽  
Vol 7 (2) ◽  
pp. 249-261
Author(s):  
Renyuan Li

Abstract In the Award of the South China Sea Arbitration, the Tribunal concluded that the Convention had superseded any historic rights in excess of the limits imposed by the Convention. Consequently, China’s claim of historic rights in the relevant part encompassed by the nine-dashed lines in the South China Sea exceeded the limits of China’s maritime entitlements under the Convention. But an analysis on the context and negotiation history of paragraph 8 of the preamble and issues related to historic rights in the Convention leads to an opposite conclusion. For the issues related to historic rights, the negotiation history of the Convention indicated that the Convention does not supersede any historic rights but left lacunae on related issues. According to the text and negotiation history of paragraph 8 of the Convention, historic rights were not superseded but were regulated by general international law.


2019 ◽  
Vol 135 (2) ◽  
pp. 535-582
Author(s):  
Federico Di Santo

AbstractWithin the long-standing, and yet still lively debate over the origin of Romance poetry in general, and of regular rhyme in particular, one key element appears to have been often overlooked: music. Although it is very well known that Troubadour lyric poems were meant to be sung, their melodic form has so far indisputably been considered to be independent from the formal structure of the texts. However, a radical reconsideration of this common belief, based on a brand-new approach that takes orality into account, leads to the opposite conclusion that regular rhyme schemes, at their origins, were indeed closely related to the musical form of the songs. Linking rhymes to music may therefore represent a potentially decisive argument in the quest for the origin of Romance lyric poetry. For, even if rhymes and rhyme schemes may be found in many different and independent literary traditions, their structural relation to musical form is by far much rarer, hence offering a much more specific hint about the origin of Vernacular lyric forms, which are based on regular rhyme schemes. Tracing this metrical-musical technique back to its roots, may validate once and for all one of the two main theories competing around the origin of Vernacular lyric poetry, namely the Medieval Latin and the Andalusian Arabic theory.


2019 ◽  
Vol 58 (2) ◽  
pp. 280-314 ◽  
Author(s):  
Christina M. Cerna

President Guido Raimondi, the president of the European Court of Human Rights (European Court), in his address on January 25, 2019, at the opening of the Court's judicial year, singled out the case of Molla Sali v. Greece, concerning the application of Sharia law by the Greek courts, as one of the leading judgments of 2018. The judgment, he noted, gave rise to erroneous interpretations, with some commentators suggesting that the Court wanted to pave the way for the application of Sharia law in Europe, when in his view, the judgment leads to precisely the opposite conclusion.


Dialogue ◽  
2018 ◽  
Vol 58 (4) ◽  
pp. 677-699
Author(s):  
KIRK LOUGHEED

Consider two epistemically possible worlds that are as similar as can be, except that atheism is true in one world and theism is true in the other world. Which world is it rational to prefer? I explore the strongest defence of the somewhat counterintuitive claim that it is rational to prefer the atheistic world. I also discuss the opposite conclusion, namely, that it’s rational to prefer the theistic world. Surprisingly, my conclusion is that it’s difficult to tell whether to prefer theism or atheism overall.


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