11 resultados para Rule of recognition

em University of Queensland eSpace - Australia


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This paper contributes to a genealogy of charlatanism by tracing two figures which eventually come to overlap: the street charlatan or operator, known for his eloquence and deceptive skill, and the comically incompetent doctor, represented classically in France in the theatre of Molière. The paper argues that eighteenth-century France gives the term 'charlatan' new moral weight while extending it to fields outside medicine, most notably to philosophy. Some examples of the denunciation of charlatans are examined, and it is suggested that denunciation was usually both extensible and reversible. La Mettrie appears in this regard as the very type of the denouncer denounced. He was a doctor-philosopher who vigorously decried the Paris Faculty of Medicine as a group of charlatans, even though his own medical qualifications were anything but impressive, and he was in turn reviled by Diderot as the most charlatanic and unworthy of philosophers.

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Motivated by Bravais' rule, of wide validity for crystals, we introduce a maximum density rule for the surfaces of quasicrystals and use it to determine the 5-, 2- and 3-fold bulk terminations in a geometric icosahedral model of i-AlPdMn and i-AlCuFe that represent surfaces.

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In the past, the accuracy of facial approximations has been assessed by resemblance ratings (i.e., the comparison of a facial approximation directly to a target individual) and recognition tests (e.g., the comparison of a facial approximation to a photo array of faces including foils and a target individual). Recently, several research studies have indicated that recognition tests hold major strengths in contrast to resemblance ratings. However, resemblance ratings remain popularly employed and/or are given weighting when judging facial approximations, thus indicating that no consensus has been reached. This study aims to further investigate the matter by comparing the results of resemblance ratings and recognition tests for two facial approximations which clearly differed in their morphological appearance. One facial approximation was constructed by an experienced practitioner privy to the appearance of the target individual (practitioner had direct access to an antemortem frontal photograph during face construction), while the other facial approximation was constructed by a novice under blind conditions. Both facial approximations, whilst clearly morphologically different, were given similar resemblance scores even though recognition test results produced vastly different results. One facial approximation was correctly recognized almost without exception while the other was not correctly recognized above chance rates. These results suggest that resemblance ratings are insensitive measures of the accuracy of facial approximations and lend further weight to the use of recognition tests in facial approximation assessment. (c) 2006 Elsevier Ireland Ltd. All rights reserved.

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his article addresses two aspects of Australia's soft secular government. The first aspect explains how, and asks why, judges have been inactive in helping to draw the contours of secular government in Australia. The principal reason is that much of the social regulation that provokes the interest of faith-based groups is the constitutional concern of the States, and no State Constitution claims to coordinate relations between church and state. Moreover, the electorate has twice refused to pass referenda, in 1944 and 1988, for extending a constitutional demand of secular governance to the States. However, this is not so for the Commonwealth. It falls under the restrictions of section 116 of the federal Constitution, which states: The Commonwealth shall not make any law for establishing any religion ('the establishment clause') or for imposing any religious observance, or for prohibiting the free exercise of any religion ('the free exercise clause'), and no religious test shall be required as a qualification for any office or public trust under the Commonwealth. As will be explained, while methods of legal interpretation suggest that section 116's establishment clause could place mild demands of non-discrimination on the federal Parliament, judicial inactivity in policing such demands on the Commonwealth, paradoxically, has arguably been secured by judicial activism in the High Court. A second aspect of secular government addressed is the High Court's disposal of 'the separation of church and state' as a constitutional principle in Australia. The contrast, of course, is to the United States, where for sixty years 'separation' has been given uneven recognition as a rule of constitutional law, and has undoubtedly driven the development of hard forms of secular governance in that country. The centrepiece of American secular government is the 1971 decision in Lemon v Kurtzman, where the US Supreme Court held that valid legislation had to pass three tests, ie: First, the statute must have a secular legislative purpose; second, its principal or primary effect must be one that neither advances nor inhibits religion .. . finally, the statute must not foster 'an excessive government entanglement with religion. The third 'entanglement' prong of Lemon is the modern, less ambitious, form of the 'wall of separation', prohibiting too close an engagement between church and state. As this paper will demonstrate, 'entanglement's' destiny shows how unlikely it is that 'separation' can survive as a meaningful constitutional principle in the USA. And, it will also be argued that 'separation' has even poorer prospects for import to Australia.

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Special edition: The United Nations and international legal order - the case of the Juno Trader - on 18 December 2004, the International Tribunal for the Law of the Sea ordered the prompt release of a refrigerated cargo vessel and its cargo for fisheries violations in an exclusive economic zone - Tribunal unanimously decided that the vessel and cargo be released, upon posting of a bond in the form of a bank guarantee - crew should be free to leave without conditions - in this case, on prompt release, the Tribunal made valuable contributions to existing case law on the issue - shows that specialised tribunals may perform a decentralised application of the international rule of law - crystallises international fundamental standards of fairness and human rights.

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We describe transfusion-related acute lung injury (TRALI) in 2 acute leukemia cases to increase awareness of this under reported serious transfusion complication syndrome in multitransfused patients. There are a number of reports in multitransfused patients with nonmalignant disorders. However, reports of pediatric oncology patients are few, suggesting a lack of recognition or misdiagnosis of the syndrome. A disproportionately high number of fatalities in children is recorded in the literature. This highlights the need for increased awareness and appropriate treatment of this serious complication of transfusion. Although TRALI is initially a clinical diagnosis, the laboratory investigation is vital as it contributes to defining the pathogenesis of the syndrome and importantly facilitates the effective management of implicated donations and donors. An investigational strategy for suspected cases is presented and the results are discussed in the context of current proposed mechanisms for TRALI. As each transfused blood product is associated with a potential risk of TRALI, more frequent reports in patients receiving large volume or recurrent transfusion would be expected.

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DeVilliers and DeVilliers (2000, 2005) propose that deaf and hearing children acquire a theory of mind (or the understanding that human behaviour is the product of psychological states like true and false beliefs) as a consequence of their linguistic mastery of a rule of syntax. Specifically, they argue that the syntactic rule for sentential complementation with verbs of speech (e.g., “say”) precedes syntactic mastery of complementation for cognition (e.g., “think”) and both of these developmentally precede and promote conceptual mastery of a theory of mind (ToM), as indexed via success on standard false belief tests. The present study examined this proposition in groups of primary-school-aged deaf children and hearing preschoolers who took false belief tests and a modified memory for complements test that included control questions. Guttman scaling techniques indicated no support either for the prediction that syntactic skill precedes ToM understanding or for the earlier emergence of complementation for “say” than for “think”. Methodological issues and implications for deaf children's ToM development are discussed.