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Showing papers on "Doctrine published in 2022"


Book ChapterDOI
01 Jan 2022

45 citations


Journal ArticleDOI
04 May 2022-Survival
TL;DR: The lacklustre performance of the Russian armed forces in the war in Ukraine has surprised military analysts as discussed by the authors , who pointed out that breakdowns in logistics, poor equipment and morale, abysmal communications, and muddled command and control were among the contributing factors.
Abstract: Abstract Russian armed forces’ lacklustre performance in Ukraine has surprised military analysts. Shortcomings have included breakdowns in logistics, poor equipment and morale, abysmal communications, and muddled command and control, as well as a weak showing by the Russian Aerospace Forces, air defence, and cruise and ballistic missiles. Chief among the contributing factors are wishful political thinking, overreliance on esoteric doctrine and endemic corruption. War, however, brutally exposes peacetime cheating. Consequently, estimates of Russian military capabilities – in particular, for large-formation combined-arms operations, logistics, air defence and intangibles such as morale – need to be carefully reassessed. Earlier analyses of a Russia–NATO conflict appear to have overstated the challenge of defending Europe. Looking ahead, the conventional threat from Russia seems less daunting than previously thought, and the country faces a formidable task in repairing depleted capabilities. That said, President Vladimir Putin’s appetite for risk is greater than anticipated.

20 citations


Journal ArticleDOI
TL;DR: The French Nuclear Safety Authority (ASN) issued in 2012 a first version of a doctrine establishing the principles of management of a post-accidental situation following a major nuclear accident as discussed by the authors .
Abstract: The French Nuclear Safety Authority (ASN) issued in 2012 a first version of a doctrine establishing the principles of management of a post-accidental situation following a major nuclear accident. Since this publication, the feedback of the Fukushima-Daiichi accident continued and numerous evolutions occurred, both in French and European regulations and in international recommendations from IAEA and ICRP. This had led to further developments in the French doctrine for management of a post-accidental situation. This will result in the publication of a new version of the French doctrine next year. This evolution also prompted questioning about the existence of such doctrines in other countries, especially in neighboring countries. It appeared also interesting to evaluate the agreement of these doctrines, including the French one, with international recommendations, especially the recently published general safety requirements (GSR), part 11, from IAEA. A benchmark study comparing the different post-accidental management doctrines available was then conducted and is presented here.

11 citations


Journal ArticleDOI
10 Jan 2022-Function
TL;DR: 1Shemyakin-Ovchinnikov Institute of Bioorganic Chemistry, Russian Academy of Sciences, Moscow 117997, Russia, 2Faculty of Biology, Moscow State University, Moscow 119234, Russia and 3Sechenov First Moscow State Medical University,Moscow 119435, Russia.
Abstract: 1Shemyakin-Ovchinnikov Institute of Bioorganic Chemistry, Russian Academy of Sciences, Moscow 117997, Russia, 2Faculty of Biology, Moscow State University, Moscow 119234, Russia, 3Sechenov First Moscow State Medical University, Moscow 119435, Russia, 4Faculty of Biology, Medicine and Health, The University of Manchester, Manchester M13 9PT, UK and 5Achucarro Center for Neuroscience, IKERBASQUE, Basque Foundation for Science, 48011 Bilbao, Spain & Department of Neurosciences, University of the Basque Country UPV/EHU and CIBERNED, Leioa, Spain ∗Address correspondence to A.S. (e-mail: semyanov@ibch.ru), A.V. (Alexej.Verkhratsky@manchester.ac.uk)

10 citations


Journal ArticleDOI
TL;DR: In this paper , the authors investigate the economic impact of trading pre-owned virtual items and show that the introduction of a blockchain-based preowned virtual item transaction can actually benefit both developer and consumer.
Abstract: The first-sale doctrine, which protects consumers’ rights to resell purchased products, has been recognized by the US Supreme Court since 1908. In recent years, consumers have begun to purchase an increasing amount of virtual goods, which renders the first-sale doctrine unclear. There are two main challenges leading to the uncertainty of the first-sale doctrine in the digital age: lack of proper technology, and economic implications for developers and consumers. The advent of the blockchain solves the technology challenge, as it can track provenance and establish the chain of custody. In this study, we construct an analytical model to investigate the economic impact of trading preowned virtual items. Specifically, our model captures the decentralized nature of blockchain technology by allowing consumer-to-consumer trading, and considers the possibility that consumers prefer preowned virtual items over new ones because preowned items may be upgraded between purchase and resale. Lawmakers seek to strike a balance between the interests of virtual item developers and individual consumers. We show that, surprisingly, the introduction of a blockchain-based preowned virtual item transaction can actually benefit both developer and consumer. The main intuition is that the developer can adjust the price when forward-looking consumers incorporate the expected future transaction into their purchase decision. Our analysis also reveals that developers are more willing to embrace the secondary market when they can take a cut during the transaction. Our results provide important policy implications to the burgeoning debate of the first-sale doctrine in the new digital world.

10 citations


MonographDOI
06 May 2022
TL;DR: Prioritarianism as mentioned in this paper holds that improvements in someone's life (gains in well-being) are morally more valuable, the worse off the person would otherwise be, than improvements in the life of anyone equally well off.
Abstract: Prioritarianism holds that improvements in someone's life (gains in well-being) are morally more valuable, the worse off the person would otherwise be. The doctrine is impartial, holding that a gain in one person's life counts exactly the same as an identical gain in the life of anyone equally well off. If we have some duty of beneficence to make the world better, prioritarianism specifies the content of the duty. Unlike the utilitarian, the prioritarian holds that we should not only seek to increase human well-being, but also distribute it fairly across persons, by tilting in favor of the worse off. A variant version adds that we should also give priority to the morally deserving – to saints over scoundrels. The view is a standard for right choice of individual actions and public policies, offering a distinctive alternative to utilitarianism (maximize total well-being), sufficiency (make everyone's condition good enough) and egalitarianism (make everyone's condition the same).

8 citations


Journal ArticleDOI
01 Nov 2022
TL;DR: In this paper , the role of civil society in China's clean energy transition from the perspective of Confucianism is analyzed, and the authors argue that FON's legal actions, which focus on the climate and sustainability aspect of energy, are embedded in a Confucians' understanding of justice.
Abstract: This study analyzes the role of civil society in China's clean energy transition from the perspective of Confucianism, an influential political-ethical doctrine with over 2000 years of history. An environmental non-governmental organization (ENGO), Friends of Nature (FON), was taken as a case study. FON is a pioneering ENGO in China and has become an influential actor in low-carbon energy transition in the country, primarily through its environmental litigation on energy projects. We argue that FON's legal actions, which focus on the climate and sustainability aspect of energy, are embedded in a Confucian understanding of justice, that is, justice as the pursuit of collective interest rather than the fair treatment of individuals; justice as nature-humanity harmony and the conservation of natural resources for future generation; and justice as an important manifestation of Confucian self-cultivation and a political obligation. This study contributes to the broader energy justice literature by proposing an understanding that goes beyond its Western origin.

7 citations


Book
30 Apr 2022
TL;DR: In this paper, the effectiveness of British infantry firepower from 1642 to 1765 is examined, and it is shown how the British infantry was organized and managed and how it developed.
Abstract: This work is an examination of the effectiveness of British infantry firepower from 1642 to 1765, it establishes the manner in which that firepower was organised and managed and how it developed. In order to achieve this it has been necessary to develop and propose a new approach to the study of military history; practical military history, which uses a thorough understanding of the practices and procedures of the army to interpret and analyse contemporary writings on the subject. In doing so it has been possible to identify and analyse the effectiveness of the tactical doctrine and combat techniques of British infantry during the English Civil Wars and then to trace a continuous line of development of doctrine and technique from then until 1765, in the immediate aftermath of the Seven Years War, when this study concludes. It has also been possible to analyse the battlefield effectiveness of those techniques and to identify previously unrecognised aspects of them. It has also been possible to correct some long held misconceptions and to pinpoint times when key changes were brought about, such as the introduction of the organisation of platoons into firings. As well as identifying, for the first time, a single underlying tactical doctrine it has also been possible to clarify the manner in which the methods used to execute that doctrine changed.

7 citations


Journal ArticleDOI
TL;DR: In this paper , a multilateral court with an appellate mechanism was proposed to reinforce the doctrine of precedent and improve the predictability of international investment law, but the authors pointed out that the pursuit of predictability must be examined against the broader institutional context of investment law.
Abstract: Abstract It has long been debated whether a multilateral court with an appellate mechanism should be established to reinforce the doctrine of precedent and improve the predictability of international investment law. Predictability is widely considered a fundamental canon of law. This article, however, cautions that the pursuit of predictability must be examined against the broader institutional context of investment law. To this end, it canvasses the issue through the lens of International Relations constructivist theory that highlights shared understandings as an essential precondition for legitimate law-making. It further conducts case study of the evolution of international trade law, which serves not only as empirical support for the constructivist framework but also a benchmark for comparative study between the two regimes. It argues that, as currently the investment law regime lacks foundational shared understandings regarding investment protection obligations, entrusting a judicialized court to advance predictability may cause the problem of ‘over-institutionalization’.

6 citations


MonographDOI
04 Jan 2022
TL;DR: In this article , the authors examine hierarchical and clerical understandings of witchcraft within the contemporary Roman Catholic church and consider the difficulties faced by clergy in parts of the developing world, where belief in witchcraft is so dominant it has the potential to undermine the church's doctrine and authority.
Abstract: Witchcraft is rarely mentioned in official documents of the contemporary Roman Catholic church, but ideas about the dangers of witchcraft and other forms of occultism underpin the recent revival of interest in exorcism in the church. This Element examines hierarchical and clerical understandings of witchcraft within the contemporary Roman Catholic church. The Element considers the difficulties faced by clergy in parts of the developing world, where belief in witchcraft is so dominant it has the potential to undermine the church's doctrine and authority. The Element also considers the revival of interest in witchcraft and cursing among Catholic demonologists and exorcists in the developed world. The Element explores whether it is possible for a global church to adopt any kind of coherent approach to a phenomenon appraised so differently across different cultures that the church's responses to witchcraft in one context are likely to seem irrelevant in another.

6 citations


Journal ArticleDOI
TL;DR: In this article , the development of military doctrine on CIMIC within the Brazilian Army and its connections with their increasing engagement in public security, public security and migration management at home and abroad are discussed.
Abstract: As the Brazilian Armed Forces are increasingly deployed outside the realm of defence against external threats (in tasks such as peacekeeping, public security, and migration management), military doctrine on Civil-Military Coordination and Cooperation (CIMIC) has emerged as a body of ‘technical knowledge’ which would support their interactions with various civilian actors. This is expressed in frequent demands by military officers for the development of a ‘Brazilian CIMIC doctrine’ reflecting both the accumulated knowledge of international partners, such as NATO and the UN, and their own experience in the ‘field’, as in their recent engagement in the United Nations Stabilization Mission in Haiti (MINUSTAH). We argue that the progressive institutionalization of CIMIC military doctrine recently observed in the country reinforces a perspective according to which several domains of action traditionally attributed or led by civilian actors are seen as a legitimate part of the so-called ‘mission’ of the Brazilian Armed Forces. As a result, political disputes concerning civil-military relations and the role of military organizations outside the realm of external defence are reduced to technical challenges of coordination and cooperation between military officials, civilian state agencies and the Brazilian society. In this article, we discuss this trend by analysing the development of military doctrine on CIMIC within the Brazilian Army, and its connections with their increasing engagement in peacekeeping, public security, and migration management at home and abroad.

Journal ArticleDOI
TL;DR: This paper considered the unhomeliness of blackness by interrogating aspects of the controversial 2019 Dallas Country District Court case in which Judge Tammy Kemp ruled the jury to consider the state's " castle doctrine" and "mistake of fact" in the trial of Dallas police officer, Amber Guyger, who claimed to shoot Botham Jean, an unarmed black man in his own apartment, by mistake.
Abstract: The article considers the unhomeliness of blackness by interrogating aspects of the controversial 2019 Dallas Country District Court case in which Judge Tammy Kemp ruled the jury to consider the state’s “ castle doctrine” and “mistake of fact” in the trial of Dallas police officer, Amber Guyger, who claimed to shoot Botham Jean, an unarmed black man in his own apartment, by mistake. In doing so, the article places together the notion of afterlife as conceptualized separately by Walter Benjamin and Saidiya Hartman to raise the role of testimony as a fundamentally anti-black structural dilemma rooted beyond legal theory and notions of evidence.

Journal ArticleDOI
TL;DR: This paper developed a reporting checklist for educational innovations in curriculum development, called Defined Criteria To Report INnovations in Education (DoCTRINE), and collected validity evidence for its use according to the 4 inferences of Kane's framework.
Abstract: Reporting guidelines assist authors in conducting and describing their research in alignment with evidence-based and expert-determined standards. However, published research-oriented guidelines do not capture all of the components that must be present in descriptions of educational innovations in health professions education. The authors aimed to create guidelines for educational innovations in curriculum development that would be easy for early-career educators to use, support reporting necessary details, and promote educational scholarship.Beginning in 2017, the authors systematically developed a reporting checklist for educational innovations in curriculum development, called Defined Criteria To Report INnovations in Education (DoCTRINE), and collected validity evidence for its use according to the 4 inferences of Kane's framework. They derived the items using a modified Delphi method, followed by pilot testing, cognitive interviewing, and interrater reliability testing. In May-November 2019, they implemented DoCTRINE for authors submitting to MedEdPORTAL, half of whom were randomized to receive the checklist (intervention group). The authors scored manuscripts using DoCTRINE while blinded to group assignment, and they collected data on final editorial decisions.The final DoCTRINE checklist consists of 19 items, categorized into 5 components: introduction, curriculum development, curriculum implementation, results, and discussion. The overall interrater agreement was 0.91. Among the 108 manuscripts submitted to MedEdPORTAL during the study period, the mean (SD) total score was higher for accepted than rejected submissions (16.9 [1.73] vs 15.7 [2.24], P = .006). There were no significant differences in DoCTRINE scores between the intervention group, who received the checklist, and the control group, who did not.The authors developed DoCTRINE, using systematic approaches, for the scholarly reporting of educational innovations in curriculum development. This checklist may be a useful tool for supporting the publishing efforts of early-career faculty.

Journal ArticleDOI
TL;DR: In this article , a model for a common pool of NFT sharing based on the fair use doctrine of copyright and open access model among global museums that are willing to participate, where they can share their NFT collections digitally.

Journal ArticleDOI
TL;DR: In this article , the authors argue that successful procurement in this area requires: (a) a clear (naval) doctrine supporting why a specific (weapons) platform or system is needed; and (b) government acceptance of that doctrine.
Abstract: Popular depictions of the largest single procurement project in Canadian history—the Canadian Surface Combatant (CSC) project—characterize it as a bureaucratic failure. What began in 2008 as a $26.2B project has expanded to at least $77.3B, and $2B has already been spent without having produced a single vessel. Unlike other major Canadian aircraft, helicopter, and submarine contracts over the past four decades, however, participants in the CSC have lauded the technical merits of the procurement process. This article argues that successful procurement in this area requires: (a) clear (naval) doctrine supporting why a specific (weapons) platform or system is needed; and (b) government acceptance of that doctrine. When these two imperatives are aligned, procurement should proceed relatively smoothly. However, such smooth procurement is highly unlikely when major systems purchases involve long time periods and shifts in elected governments, policy goals, or (naval) doctrine undermine previous understandings and agreements. Le plus grand projet d'approvisionnement de l'histoire du Canada – le projet de Navires de combat canadiens (NCC) – est décrit comme un échec bureaucratique par les représentations populaires. Ce qui a commencé en 2008 comme un projet de 26,2 milliards $ s'est étendu à au moins 77,3 milliards $, et 2 milliards $ ont déjà été dépensés sans avoir encore produit un seul navire. Contrairement à d'autres gros contrats canadiens d'avions, d'hélicoptères et de sous-marins au cours des quatre dernières décennies, les participants au NCC ont néanmoins fait l'éloge des avantages techniques du processus d'acquisition. Cet article soutient qu'un approvisionnement réussi dans ce domaine exige : (a) une doctrine (navale) claire expliquant pourquoi une plate-forme ou un système (d'armes) spécifique est requis; et (b) l'acceptation de cette doctrine par le gouvernement. Lorsque ces deux impératifs sont alignés, la passation des marchés publics devrait se dérouler de manière relativement fluide. Cependant, un telle fluidité d’approvisionnement est hautement improbable lorsque les achats de systèmes majeurs impliquent de longues durées et lorsque les réorientations des gouvernements élus, des objectifs stratégiques ou de la doctrine (navale) discréditent les ententes et accords antérieurs.

Journal ArticleDOI
TL;DR: In this paper , an algebraic characterization of the notion of generalized existential completion of a conjunctive doctrine P for a class Λ of morphisms of the base category of P is provided.

MonographDOI
24 Oct 2022
TL;DR: In this article , the domestic application of international law, with a particular focus on the concept of direct applicability, has been examined and a new analytical framework has been proposed to analyze the relevant doctrine and practice.
Abstract: This book analyses the domestic application of international law, with a particular focus on the concept of direct applicability. It critically examines the relevant doctrine and practice and proposes a new analytical framework. It argues that international law is presumed to be directly applicable, that the criteria for direct applicability are grounds to exclude rather than establish direct applicability, and that the positive intent of the parties should not be a criterion. It contends that direct applicability is a question of domestic law and that domestic legal force is a prerequisite for direct applicability. It also advocates a relative approach.

Journal ArticleDOI
TL;DR: In this paper , the authors argue that WBE is, at best, no more compelling than any of the other far-flung routes to achieving superintelligence, and conclude that the Biological Theory of Consciousness is the best alternative to WBE.
Abstract: Whole Brain Emulation (WBE) has been championed as the most promising, well-defined route to achieving both human-level artificial intelligence and superintelligence. It has even been touted as a viable route to achieving immortality through brain uploading. WBE is not a fringe theory: the doctrine of Computationalism in philosophy of mind lends credence to the in-principle feasibility of the idea, and the standing of the Human Connectome Project makes it appear to be feasible in practice. Computationalism is a popular, independently plausible theory, and Connectomics a well-funded empirical research program, so optimism about WBE is understandable. However, this optimism may be misplaced. This article argues that WBE is, at best, no more compelling than any of the other far-flung routes to achieving superintelligence. Similarly skeptical conclusions are found regarding immortality. The essay concludes with some positive considerations in favor of the Biological Theory of consciousness, as well as morals about the limits of Computationalism in both artificial intelligence and the philosophy of mind more generally.

Proceedings ArticleDOI
06 Jul 2022
TL;DR: In this article , the authors use equality of opportunity (EO) doctrines from political philosophy to make explicit the normative judgements embedded in different conceptions of algorithmic fairness, and provide a moral interpretation of the impossibility results as the incompatibility between different notions of a fair contest when people do not have fair life chances.
Abstract: In this work we use Equal Opportunity (EO) doctrines from political philosophy to make explicit the normative judgements embedded in different conceptions of algorithmic fairness. We contrast formal EO approaches that narrowly focus on fair contests at discrete decision points, with substantive EO doctrines that look at people’s fair life chances more holistically over the course of a lifetime. We use this taxonomy to provide a moral interpretation of the impossibility results as the incompatibility between different conceptions of a fair contest — foward-facing versus backward-facing — when people do not have fair life chances. We use this result to motivate substantive conceptions of algorithmic fairness and outline two plausible fair decision procedures based on the luck egalitarian doctrine of EO, and Rawls’s principle of fair equality of opportunity.

Journal ArticleDOI
14 Sep 2022-Synthese
TL;DR: The notion of pseudoscience was introduced in this paper , where the authors argue that a doctrine can be classified as a pseudo-science if its proponents claim scientific standing for it and produce bullshit to defend it, such that unlike science, it cannot be viewed as the most reliable knowledge on its topic.
Abstract: Abstract Homoeopathy is commonly recognised as pseudoscience. However, there is, to date, no systematic discussion that seeks to establish this view. In this paper, we try to fill this gap. We explain the nature of homoeopathy, discuss the notion of pseudoscience, and provide illustrative examples from the literature indicating why homoeopathy fits the bill. Our argument contains a conceptual and an empirical part. In the conceptual part, we introduce the premise that a doctrine qualifies as a pseudoscience if, firstly, its proponents claim scientific standing for it and, secondly, if they produce bullshit to defend it, such that, unlike science, it cannot be viewed as the most reliable knowledge on its topic. In the empirical part, we provide evidence that homoeopathy fulfils both criteria. The first is quickly established since homoeopaths often explicitly claim scientificity. To establish the second, we dive into the pseudo-academic literature on homoeopathy to provide evidence of bullshit in the arguments of homoeopaths. Specifically, we show that they make bizarre ontological claims incompatible with natural science, illegitimately shift the burden of proof to sceptics, and mischaracterise, cherry-pick, and misreport the evidence. Furthermore, we demonstrate that they reject essential parts of established scientific methodology and use epistemically unfair strategies to immunise their doctrine against recalcitrant evidence.

Journal ArticleDOI
TL;DR: In this paper , the difference in the economic policy doctrine in the 1970s from that prevailing in more recent decades is represented algebraically, with this representation backed up by documentation of policymakers' views.
Abstract: The pickup in the U.S. inflation rate to its highest rates in forty years has led to renewed attention being given to the Great Inflation of the 1970s. This paper asks with regard to the Great Inflation: “How did it happen?” The answer offered is the fact that, in both the United Kingdom and the United States, monetary policy and other policy instruments were guided by a faulty doctrine—a nonmonetary view of inflation that perceived the concerted restraint of aggregate demand as both ineffective and unnecessary for inflation control. In the paper’s analysis, the difference in the economic policy doctrine in the 1970s from that prevailing in more recent decades is represented algebraically, with this representation backed up by documentation of policymakers’ views. A key conclusion implied by the analysis is that the fact that a nonmonetary perspective on inflation is no longer prevalent in policy circles provides grounds for believing that monetary policy in the modern era is well positioned to prevent the recurrence of *entrenched* high inflation rates of the kind seen in the 1970s.

Journal ArticleDOI
TL;DR: The consensus among spacetime substantivalists is to respond to Leibniz's classic shift arguments, and their contemporary incarnation in the form of the hole argument, by pruning the allegedly problematic metaphysical possibilities that generate these arguments as mentioned in this paper .
Abstract: The consensus among spacetime substantivalists is to respond to Leibniz’s classic shift arguments, and their contemporary incarnation in the form of the hole argument, by pruning the allegedly problematic metaphysical possibilities that generate these arguments. Some substantivalists do so by directly appealing to a modal doctrine akin to anti-haecceitism. Other substantivalists do so by appealing to an underlying hyperintensional doctrine that implies some such modal doctrine. My first aim in this paper is to pose a challenge for all extant forms of this consensus position. My second aim is to show what form substantivalism must take in order to uphold the consensus while addressing this challenge. The result is a novel “plenitudinous” substantivalist view, which predicts that certain modal facts about spacetime are vague or indeterminate. I then argue against this view on independent grounds, concluding that substantivalists should reject the consensus position. The paper also discusses the way forward for substantivalists in light of this conclusion.

Journal ArticleDOI
TL;DR: Russian information operations are not standalone activities but work in concert with all other levers of national power to achieve Russia’s overarching objectives.
Abstract: Russia’s operations in the information domain are an integral part of Russia’s interactions in the international environment. As one of Russia’s levers of national power, information operations work in concert with all other levers of national power to achieve a defined list of Russia’s national security objectives. Judging from pronouncements, policies, doctrine, and actions, it appears that Russia’s objectives are: 1) Protect the Putin regime; 2) Control the post-Soviet space; 3) Counterweigh the unipolar actor in the world; 4) Portray Russia as an indispensable player in world affairs; and 5) Divide and disrupt the North Atlantic Treaty Organization (NATO) and the European Union (EU). Russian information operations can be traced through information themes directly to those Russian national security objectives. Some themes can address multiple objectives simultaneously, and the methods for communication can differ based on the target. However, Russian information operations are not standalone activities but work in concert with all other levers of national power to achieve Russia’s overarching objectives.

Journal Article
TL;DR: The authors argue that the assumption of indifference unnecessarily limits law and economics analysis and that it is both possible and fruitful to incorporate animus into law and economic analysis, leading to new insights on criminal deterrence, including the underappreciated benefits of damages as a deterrent for hate crimes and the promise of community-based “solidarity deterrence schemes.
Abstract: People sometimes want to harm other people. This truism points to a blind spot in law and economics scholarship, which generally assumes that people are indifferent to the effects of their actions on other people. Residing in this blind spot are diverse areas of the law, including hate crime legislation and constitutional Equal Protection doctrine, which are premised on the existence of animus. I argue that the assumption of indifference unnecessarily limits law and economics analysis and that it is both possible and fruitful to incorporate animus into law and economics. I show that doing so leads to new insights on criminal deterrence, including the underappreciated benefits of damages as a deterrent for hate crimes and the promise of community-based “solidarity” deterrence schemes. I also show that incorporating animus can extend law and economics into areas of constitutional law that it has neglected. I argue for an economic approach to Equal Protection analysis that is grounded in the motivations of government actors but that addresses some of the longstanding concerns with intent-based tests. The examples of criminal deterrence and Equal Protection analysis are illustrative of an agenda for law and economics analysis that more incorporates other-regarding motives more generally.

Journal ArticleDOI
TL;DR: A more nuanced examination of three key texts published by Bose in this period, along with supplemental archival documents reveals that his articulation of the relationship between the living and non-living evolved in subtle and daring ways culminating in an expression of the doctrine of panvitalism as mentioned in this paper .
Abstract: No aspect of Jagadis Chandra Bose’s science is more enigmatic than his concern with the relationship between the living and nonliving, explored from 1900 through 1902. Elsewhere this writer called this the ‘middle Bose’ period since it separated Bose the physicist (1894–1900) from Bose the plant physiologist (1903 and after). The essence of his insight developed in this brief period was formerly termed by this writer the ‘Boseian thesis’ and summarized as ‘There is no discontinuity between the living and nonliving’. However, a more nuanced examination of three key texts published by Bose in this period, along with supplemental archival documents reveals that his articulation of the relationship between the living and nonliving evolved in subtle and daring ways culminating in an expression of the doctrine of panvitalism. This doctrine—that life pervades all matter—is an idea about the natural world. Thus, examining Bose’s panvitalism takes us into the realm of intellectual history: the close study of the meaning of Bose’s texts in order to understand his intention in exploring the relationship of the living and nonliving, the context of his investigation and its relation to the texts, and how he arrived at his panvitalist doctrine. The intellectual history of Bose’s panvitalism is the subject of this paper.

Journal ArticleDOI
TL;DR: A recent article by Laczniak and Shultz as mentioned in this paper , which appeared in the Journal of Macromarketing, conceptually explores a possible framework towards a doctrine of socially responsible marketing (SRM), using a normative versus positive and a macro versus micro approach.
Abstract: A recent article by Laczniak and Shultz (2021), which appeared in the Journal of Macromarketing, conceptually explores a possible framework towards a doctrine of Socially Responsible Marketing (SRM). Using a normative versus positive and a macro versus micro approach the article lays the intellectual groundwork for a meaningful definition of and roadmap towards SRM. The definition is broad enough to withstand the ever-changing economic, political and ideological conditions of a society and specific enough to be meaningful.

Journal ArticleDOI
TL;DR: In this paper , the authors examined the principle of systemic unity of state control (supervision) and public control in the context of constitutional law science that, according to the author, is conditioned by the logic of the development of Russian legislation concerning control and supervisory activities and provided the necessary constitutional and theoretical support point for further increasing of cohesion between the state and civil society.
Abstract: The paper examines the principle of systemic unity of state control (supervision) and public control in the context of constitutional law science that, according to the author, is conditioned by the logic of the development of Russian legislation concerning control and supervisory activities and provides the necessary constitutional and theoretical support point for further increasing of cohesion between the state and civil society. Based on a systematic analysis of the basic provisions of legislative acts concerning types of control, the paper shows that this constitutional law principle manifests itself in the following aspects: as a uniform conceptual approach of the law-maker to aim all types of control to achieve constitutionally significant goals and protect constitutionally significant values; orientation of all types of control to comprehensively ensure the rule of law in the areas of controlled public relations; the correlation of the content of the types of control in terms of a combination of both verification measures (or supervision) and analytical and prognostic components aimed at countering the formation of conditions conducive to violations; the correlation of the expected results of control activities within all types of control, namely, the elimination of violations and restoration of the state of protection of the rights and freedoms of individuals and legal entities and public interests; unity of the constructive nature of control activities. The practical introduction into the doctrine and law-making of the proposed constitutional law principle of the systemic unity of state control (supervision) and public control will make it possible to ensure to a greater extent that all control and supervisory activities are aimed at achieving a state of protection of constitutionally significant values, including full compliance with safeguards of human and civil rights and freedoms, strengthening the rule of law, and improving the efficiency of the state and municipal administration.

Book ChapterDOI
02 Feb 2022
TL;DR: The authors revisited the discourse of a Chinese model of the university and argued that the current characterization of Chinese universities is derived from a sociocultural ideology of Confucianism in semblance and legalism in essence.
Abstract: Driven by a sociocultural impact perspective, this chapter revisits the discourse of a Chinese model of the university. This discourse maintains the current characterization of Chinese universities is derived from a sociocultural ideology of ‘Confucianism in semblance and Legalism in essence’ or a Confucian-Legalist doctrine, which stresses capitalizing on statecraft or the techniques of ‘conducting affairs and handling men’ to optimize the effectiveness of reaching strategic purposes. Such strong instrumentality behind the scenes, rooted in the Confucian-Legalist tradition, proves a double-edged sword with respect to further development of Chinese universities: they are enormously invested in so as to directly and effectively contribute to accomplishing China’s ambitious state agenda for rising to be a global power while being rigorously controlled and politicized, and, even worse, drawn to utilitarian tactical behaviors. As such, Chinese universities that have impressed the world with the efficiency of simultaneously accomplishing mass higher education and seeking world-class standing may not warrant an alternative model of the university. Rather, a Chinese model rooted in orthodox Confucianism could provide a supplementary one with its meritorious features.

Journal ArticleDOI
TL;DR: This paper argued that a person is free from a form of doxastic conflict if and only if they are acting virtuously, which is not the case in Wang Yangming's view.
Abstract: This article presents a new interpretation of the great Ming dynasty philosopher Wang Yangming’s (1472–1529) celebrated doctrine of the “unity of knowledge and action” (知行合一). Wang held that action was not unified with all knowledge, but only with an elevated form of knowledge, which he sometimes called “genuine knowledge” (真知). I argue for a new interpretation of this notion, according to which genuine knowledge requires freedom from a form of doxastic conflict. I propose that, in Wang’s view, a person is free from this form of doxastic conflict if and only if they are acting virtuously.

Journal Article
TL;DR: This article developed a reporting checklist for educational innovations in curriculum development, called Defined Criteria To Report INnovations in Education (DoCTRINE), and collected validity evidence for its use according to the 4 inferences of Kane's framework.
Abstract: Reporting guidelines assist authors in conducting and describing their research in alignment with evidence-based and expert-determined standards. However, published research-oriented guidelines do not capture all of the components that must be present in descriptions of educational innovations in health professions education. The authors aimed to create guidelines for educational innovations in curriculum development that would be easy for early-career educators to use, support reporting necessary details, and promote educational scholarship.Beginning in 2017, the authors systematically developed a reporting checklist for educational innovations in curriculum development, called Defined Criteria To Report INnovations in Education (DoCTRINE), and collected validity evidence for its use according to the 4 inferences of Kane's framework. They derived the items using a modified Delphi method, followed by pilot testing, cognitive interviewing, and interrater reliability testing. In May-November 2019, they implemented DoCTRINE for authors submitting to MedEdPORTAL, half of whom were randomized to receive the checklist (intervention group). The authors scored manuscripts using DoCTRINE while blinded to group assignment, and they collected data on final editorial decisions.The final DoCTRINE checklist consists of 19 items, categorized into 5 components: introduction, curriculum development, curriculum implementation, results, and discussion. The overall interrater agreement was 0.91. Among the 108 manuscripts submitted to MedEdPORTAL during the study period, the mean (SD) total score was higher for accepted than rejected submissions (16.9 [1.73] vs 15.7 [2.24], P = .006). There were no significant differences in DoCTRINE scores between the intervention group, who received the checklist, and the control group, who did not.The authors developed DoCTRINE, using systematic approaches, for the scholarly reporting of educational innovations in curriculum development. This checklist may be a useful tool for supporting the publishing efforts of early-career faculty.