When consent doesn't work: a rights-based case for limits to consent’s capacity to legitimise

Consent's capacity to legitimise actions and claims is limited by conditions such as coercion, which render consent ineffective. A better understanding of the limits to consent's capacity to legitimise can shed light on a variety of applied debates, in political philosophy, bioethics, economics and law. I show that traditional paternalist explanations for limits to consent's capacity to legitimise cannot explain the central intuition that consent is often rendered ineffective when brought about by a rights violation or threatened rights violation. I argue that this intuition is an expression of the same principles of corrective justice that underlie norms of compensation and rectification. I show how these principles can explain and clarify core intuitions about conditions which render consent ineffective, including those concerned with the consenting agent's option set, his mental competence, and available information.

Influences of increasing temperature on Indian wheat: quantifying limits to predictability

As climate changes, temperatures will play an increasing role in determining crop yield. Both climate model error and lack of constrained physiological thresholds limit the predictability of yield. We used a perturbed-parameter climate model ensemble with two methods of bias-correction as input to a regional-scale wheat simulation model over India to examine future yields. This model configuration accounted for uncertainty in climate, planting date, optimization, temperature-induced changes in development rate and reproduction. It also accounts for lethal temperatures, which have been somewhat neglected to date. Using uncertainty decomposition, we found that fractional uncertainty due to temperature-driven processes in the crop model was on average larger than climate model uncertainty (0.56 versus 0.44), and that the crop model uncertainty is dominated by crop development. Simulations with the raw compared to the bias-corrected climate data did not agree on the impact on future wheat yield, nor its geographical distribution. However the method of bias-correction was not an important source of uncertainty. We conclude that bias-correction of climate model data and improved constraints on especially crop development are critical for robust impact predictions.

Limits to phase resolution in matter-wave interferometry

We study the quantum dynamics of a two-mode Bose-Einstein condensate in a time-dependent symmetric double-well potential using analytical and numerical methods. The effects of internal degrees of freedom on the visibility of interference fringes during a stage of ballistic expansion are investigated varying particle number, nonlinear interaction sign and strength, as well as tunneling coupling. Expressions for the phase resolution are derived and the possible enhancement due to squeezing is discussed. In particular, the role of the superfluid-Mott insulator crossover and its analog for attractive interactions is recognized.

`I feel enlightened now, but...`: the limits to the pedagogic translation of critical social discourses in physical education

The emancipatory goal that underpins critical theories of teaching and learning is built on a theory of rational self-determination. In the context of physical education, critical educators believe that through a process of enlightenment teachers can recognize and transform elements of injustice and inequality that exist, albeit unwittingly, in their practice. However, despite the broad appeal of this orientation there are relatively few empirical accounts of how theories of enlightenment manifest themselves in the practice of emancipation. Propelled by the lacuna that clearly exists between critical theory and critical practice, this paper reports on the introduction of critical social discourses to a preservice PE program. It uses a case study methodology to report on two student-teachers' engagement with a range of critical social discourses during a year-long PE unit. The paper discusses some of the ways these students engaged with the theory and practice of a critical orientation for teaching and learning in physical education. Aspects of their experiences are then interpreted through Fay's (1987) critical but postmodern "limits to change" thesis. The paper concludes with tempered optimism about the potential for critical social discourses to guide preservice teachers in practical ways.

Limits to problem solving in science

Popper, Polanyi and Duncker represent the widely held position that theoretical and experimental scientific research are motivated by problems to which discoveries are solutions. According to the argument here, their views are unsupported and - in light of counter-instances, anomalous chance discoveries, and the force of curiosity - over-generalized.

Critical intellectual resources for praxis in physical education teacher education : the limits to rationality

This study focuses on the way four student-teachers engage with critical social discourses in a year-long physical education unit. The student-teachers were encouraged to examine and (re)construct their pedagogy through their interactions with critical discourses. Drawing on their personal theories and actions, the study examines the extent to which critical intellectual resources can provide pedagogical frames of reference that are 'practical and non-ideal'. Using a critical ethnographic methodology the students' interactions with critical social discourses are diagnosed across three levels. The first level is the case study presentations of each student's engagement with the critical intellectual resources and the extent to which they were able to understand and implement them. The second level involves an interpretation of the individual cases that is informed by Brian Fay's (1987) metatheoretical reconstruction of the critical social sciences. In the third stage of diagnosis the study focuses on retheorising critical aspirations for praxis pedagogy in physical education. Critical scholars within the physical education arena argue that critical praxis represents a pedagogy based on a 'world view' of the potential for agents to engage in a rational reordering of their qualitative existence. The essence of their claim is that critical discourses have the potential to facilitate a mode of praxis through which physical education teachers might better recognise, understand, critique and transform their values and practices. However, there is broad recognition that the translation of social-critical discourses into a pedagogic context is highly problematic. Interpretation of the study is provided by Fay's (1987) 'limits to change' thesis which recognises that critical aspirations must ultimately be adopted and implemented by real people in real settings. As a diagnostic frame of reference, Fay insists that a 'complete' critical theory [of physical education] be simultaneously scientific, critical, practical and non-ideal. In seeking to temper the "e; over-rationalistic"e; tendency of the critical project he recognises the historical, embedded, embodied and traditional nature of human existence Criticisms of critical theories of education traverse a number of philosophic perspectives. Recent post-structural criticisms of truth regimes, knowledge-power differentials, rationality and agency have seriously destabilised modernist justifications of the critical agenda. Critical theories of physical education have not been absolved of such criticism. A prominent element of this study is its promotion of a dialectical relationship between agency and structure to extend critical conceptualisations of physical education pedagogy. Through the mediation of structural determinism and self-determination this research proffers a means of practically advancing a critical praxis in physical education. The conclusion of this thesis outlines some broad recommendations pertaining to the introduction of social critical discourses in physical education teacher education.

Distant relations : limits to relational contracting in domestic violence programmes

Purpose – The purpose of this paper is to assess the applicability of relational contract theory in situations where government departments contract with non-government welfare organisations to deliver human service programmes. Its limits are highlighted by an assessment of programmes for domestically violent men that epitomise “management of incomplete contracts” central to the theory.

Design/methodology/approach – The paper is based on an evaluation of contracted-out programmes for perpetrators of domestic violence in Australia that set out to compare and contrast distinct models of service delivery by documenting programme logic, service delivery effectiveness and effects on programme participants. It reflects on the difficulties of monitoring such programmes and considers the implications of this for contracting theory and for human service practice.

Findings – In contrast to critiques of contracting-out in a neo-liberal environment that emphasise how accountability and reporting requirements limit the autonomy of contracted agencies, this paper highlights considerable variation in how programmes were managed and delivered despite standardised service delivery contracts developed by the government department funding the programmes. This leads to a consideration of “incomplete contracts” where service delivery outcomes are hard to measure or there is limited knowledge of the contracted agencies by the contracting government department.

Originality/value – The paper highlights a situation in which the recommendations of relational contracting theory can exacerbate the difficulties of quality assurance rather than minimise them. It then argues a need for workforce development in the government departments and the contracted agencies, to enable a nuanced monitoring of the programmes' service delivery and promotion of quality assurance processes.

Resting and peak metabolic rates of Arctic Tern nestlings and their relations to growth rate

We measured resting and peak metabolism in relation to growth rate in arctic tern Sterna paradisaea chicks over the first 10 d after hatching. For chicks with varying growth rate, body mass seems to be a better predictor of resting metabolic rate rather than age. The effect of changes in growth rate on resting metabolism of arctic terms is smaller than found interspecifically in hatchlings. It is possible that difference exist in the heat increment of feeding between fast and slow growers that would further reduce the effect of growth rate on resting metabolism. Chicks that had body masses lower than 75% of that expected for their age were metabolically inferior in withstanding a thermal challenge compared with chicks of the same age but normal mass. In contrast to resting metabolic rate, the extent of peak metabolic rate is related to both body mass and age. This, in part, the maturation of the thermoregulatory system proceeds steadily with time even when body mass lags behind.

Avaliação de IGF-1 (Insulin-like growth factor-1), IGFBP-1 e IGFBP-3 (Insulin-like to growth binding protein-1 e 3) no fluído folicular de pacientes infertéis com endometriose

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Barriers to trade: barriers to growth

We study the cxtent to which differences in international trade policies contribute to the significant cross-country disparities in macroeconomic performance. In particular, wc concentrate on the effect of protectionism on generating differences in leveIs (of income and of measured total factor productivity), in growth rates (of output, productivity and inputs), in volatility and in trends (or development traps). We document that these rclationships are strong in cross country data, integrate a Hecksher-Ohlin mode! of international trade into the standard macroeconomic modcl to derive those rclationships analytically, and to quantify them. Our results suggest that a large fraction of the cros::; country variations can be attributed to trade policy.