Legal europeanization as legal transformation : some insights from Swiss 'outer Europe'

The "Europeanization" of non-EU countries' laws is predominantly seen as an "export" of the EU acquis, especially in the case of so-called "quasi-member" states such as Switzerland. Based on an examination of the Swiss experience, this paper highlights the flaws of this conceptualization: the Europeanization of Swiss Law is a highly differentiated phenomenon, encompassing several forms of approximation to EU Law. All of these forms fall short of an "export" of norms, and result in the creation of something new: a "Europeanized law" that is similar to, but qualitatively different from, EU Law. Another drawback of the "export" metaphor is the emphasis it places on the isomorphism of positive legislation. Europeanization goes deeper than that. As shown in this paper, it is a process of transformation involving not only positive law, but also legal thinking. The Swiss case demonstrates how significant such deeper transformations can be: the Europeanization of positive law has induced an alteration of the traditional canon of legal interpretation. It also demonstrates how problematic such transformations can be: the above-mentioned alteration has not given rise to a new and universally accepted canon of interpretation. This reflects the tension between the need for clear "rules of reference" for EU legal materials - which are required in order to restore coherence and predictability to an extensively Europeanized legal system - and the reluctance to give a legal value to foreign legal materials - which is rooted in a traditional understanding of the concept of "law". Such tension, in turn, shows what deep and difficult transformations are required in order to establish a viable model of legal integration outside supranational structures.

Prevención de la transmisión sexual del VIH en adolescentes

En una muestra de 119 estudiantes de cuarto de Educación Secundaria Obligatoria (ESO) y primerode Bachillerato (52,6% mujeres) se analizan los conocimientos sobre la prevención de latransmisión sexual del virus del sida, las expectativas de resultados y de autoeficacia respecto a losmétodos preventivos y el tipo de prevención utilizada durante la última relación sexual. Para evitarlas respuestas inducidas respecto a los comportamientos preventivos se emplea un formato de preguntaabierta. Los resultados muestran que sólo el 23,5% de los estudiantes han dado dos respuestastotalmente correctas sobre estrategias consideradas eficaces en la prevención sexual del VIH:uso del preservativo y abstinencia (por este orden). El 70,5% valoran totalmente o muy eficaz elpreservativo para evitar la transmisión sexual del VIH y el 95% de los que dan la segunda respuestajuzgan totalmente eficaz la práctica de la abstinencia con la misma finalidad. En el caso del preservativose sienten totalmente o muy capaces de usarlo el 64,3%, mientras que cuando se trata de laabstinencia sólo se perciben con esa competencia el 20%. Por lo que se refiere al uso autoinformadode métodos preventivos en la última relación, por parte de los 29 estudiantes que tuvieronactividad sexual durante el mes anterior, se observa que 21 de ellos emplearon el preservativo, dosla píldora anticonceptiva, otros dos no precisan el tipo de precaución y el resto no tomó ninguna.Tanto el reducido nivel de conocimientos sobre prevención, como la baja percepción de autoeficaciapara mantenerse abstinentes, nos alertan sobre la necesidad de hacer un mayor esfuerzo de informaciónpara eliminar creencias equivocadas, como por ejemplo: sobre la pretendida eficacia protectorade tener relaciones sexuales con una pareja estable o conocida. Así mismo, conviene insistiren el uso del preservativo como anticonceptivo de elección entre los adolescentes

Conditional and syllogistic deductive tasks dissociate functionally during premise integration.

Deduction allows us to draw consequences from previous knowledge. Deductive reasoning can be applied to several types of problem, for example, conditional, syllogistic, and relational. It has been assumed that the same cognitive operations underlie solutions to them all; however, this hypothesis remains to be tested empirically. We used event-related fMRI, in the same group of subjects, to compare reasoning-related activity associated with conditional and syllogistic deductive problems. Furthermore, we assessed reasoning-related activity for the two main stages of deduction, namely encoding of premises and their integration. Encoding syllogistic premises for reasoning was associated with activation of BA 44/45 more than encoding them for literal recall. During integration, left fronto-lateral cortex (BA 44/45, 6) and basal ganglia activated with both conditional and syllogistic reasoning. Besides that, integration of syllogistic problems additionally was associated with activation of left parietal (BA 7) and left ventro-lateral frontal cortex (BA 47). This difference suggests a dissociation between conditional and syllogistic reasoning at the integration stage. Our finding indicates that the integration of conditional and syllogistic reasoning is carried out by means of different, but partly overlapping, sets of anatomical regions and by inference, cognitive processes. The involvement of BA 44/45 during both encoding (syllogisms) and premise integration (syllogisms and conditionals) suggests a central role in deductive reasoning for syntactic manipulations and formal/linguistic representations.

Principles of British health visiting

In an international context, it is sometimes helpful to consider how concepts are understood in different countries, and to explore some different roles. Such knowledge rarely transfers directly from one country or place to another, but to hear about developments from elsewhere can spark ideas and thinking that may be helpful for local developments. This paper gives some brief background about how the health visiting profession developed in Great Britain, and then explains the values and principles that underpin its practice today. Some parallels are drawn with the health situation in modern Brazil.

Spheres of diversities: from concept to policy

This book is concerned with the diversity debate in the context of Europe.It is about diversity both as a concept and as a policy. Indeed, the epicentreof the analysis is the link between the spheres of diversity-concepts anddiversity-policies. The book explores how the concept of diversity orientatespolicies and management, and also how public/private managementfacilitates new policy orientations. As such, the book enhances conceptualthinking on diversity, but also facilitates policy thinking on the conceptinvolved in novel policy orientations towards diversity.

Sanoin kuvaamaton : teatterintekijän pohdintoja intuitiosta

This thesis examines the concept of intuition from different aspects. The basis for this thesis has been the author`s experience about education as a supportive process for intuitive thinking. It studies what taking advantage of intuition means for the author of this thesis and how intuition can be defined as a concept. This thesis shows what intuition means both from the performer`s and the director`s point of view. The author attemps to explain how these two areas of her professional identity either support or prevent intuitive creativity from emerging successfully. The intuition of a performer is examined through playback theatre and the insight associated with playback theatre. Regarding the work of a director, the author describes the making of a walking tour performance called "Sama maa" (2006) that she directed. The author attempted to fully utelize her intuitive creativity while planning the performance. The intuitive choices of the author were the basis for planning and carrying out the performance. This thesis studies a concept that is very challenging to explain in words. There is not a lot of literature about concept of intuition with respect to theater. The author of the thesis has ended up thinging about guestion that is very important to her, a guestion about relationship between controlled and authentic mental processing. The author also engourages others to think about the meaning of intuition and insight to themselves as a part of a daily life and as a part of the artistic creativity.

The existence of nursing in caring for terminally ills’life: a phenomenological study

By taking care of cancer patients in their process of end of life, nursing experience situations of suffering before the anguish of others. This study aimed to understand the meaning and significance attributed by the nurses from the palliative care cancer hospital. This is a phenomenological research, grounded in Heidegger’s thinking, performed with 13 nurses, who work at Oncology hospitalward, through semi-structured interviews, which were analyzed according to the steps recommended by Josgrilberg. From understanding the statementsof the subjects, two ontological themesemerged: Feeling satisfaction and love in the care offered and Feeling anger and inabilitytowards terminally ill patients.We inferred that working in Oncology Ward is something rewarding for these professionals, but it entails physical and mental suffering, from feeling helpless before the death-dying process. Thus, we showedthat nursing professionals need to be recognized as human beings and as such, also deserving of care.

Qualitative and Hierarchical Analysis of Protective Factors against Illicit Use of Doping Substances in Athletes Calling a National Anti-Doping Phone-Help Service

Evidence of a sport-specific hierarchy of protective factors against doping would thus be a powerful aid in adapting information and prevention campaigns to target the characteristics of specific athlete groups, and especially those athletes most vulnerable for doping control. The contents of phone calls to a free and anonymous national anti-doping service called 'ecoute dopage' were analysed (192 bodybuilders, 124 cyclists and 44 footballers). The results showed that the protective factors that emerged from analysis could be categorised into two groups. The first comprised 'Health concerns', 'Respect for the law' and 'Doping controls from the environment' and the second comprised 'Doubts about the effectiveness of illicit products, 'Thinking skills' and 'Doubts about doctors'. The ranking of the factors for the cyclists differed from that of the other athletes. The ordering of factors was 1) respect for the law, 2) doping controls from the environment, 3) health concerns 4) doubts about doctors, and 5) doubts about the effectiveness illicit products. The results are analysed in terms of the ranking in each athlete group and the consequences on the athletes' experience and relationship to doping. Specific prevention campaigns are proposed to limit doping behaviour in general and for each sport.

O Processo de Raciocínio na Teoria dos Constrangimentos Aplicado numa Instituição de Ensino Superior

A Teoria dos Constrangimentos (TOC) ou das Restrições tem-se mostrado uma valiosa ferramenta de gestão, auxiliando na identificação dos constrangimentos que limitem a capacidade das empresas na prossecução da sua meta. Assim, para as restrições não físicas, a TOC desenvolveu o Processo de Raciocínio que é composto por ferramentas de análise lógica que dão subsídios para o diagnóstico de problemas bem como a formulação de soluções e planos de acção para implementá-las. Neste contexto, este trabalho se propõe a determinar a adequação do Processo de Raciocínio da Teoria dos Constrangimentos numa Instituição de Ensino Superior (IES) como forma de diagnosticar os problemas e propor soluções capazes de permitir a empresa uma melhoria contínua do seu desempenho. Serão avaliadas as ferramentas que compõem o Processo de Raciocínio, que são: Árvore de Realidade Actual, Diagrama de Dispersão de nuvens, Árvore de Realidade Futura, Árvore de Pré-Requisitos e Árvore de Transição. O trabalho inicia-se com uma pesquisa bibliográfica seguida de uma pesquisa de campo e finalizando com uma aplicação do PR numa IES localizada na ilha de São Vicente. A colecta de informações para a análise processou-se mediante a aplicação de um questionário fechado aos discentes e funcionários, questionário aberto aos docentes e entrevista estruturada aos dirigentes, elaborados em coerência com os objectivos que este estudo pretende atingir. Os resultados da aplicação do método aqui apresentado permitiram chegar as conclusões apontadas no capítulo final deste trabalho The Theory of Constraints (TOC) or Restriction Theory has proved to be a valuable management tool, assisting in the identification of constraints that restrict the ability of companies in the pursuit of its goals. Therefore, for the nonphysical constraints, TOC developed the Thinking Process (TP) that consists of logical analysis tools that provide a basis for diagnosing problems and formulating solutions and action plans to implement them. This study aims, thus, to determine the suitability of the use of the Thinking Process of the Theory of Constraints in a Higher Education Institution (HEI) as a way to diagnose problems and propose solutions that enable the firm to continually improve their performance. We will evaluate the tools that make up the TP, which are: Current Reality Tree, Evaporating Cloud Diagram, Future Reality Tree, Prerequisites Tree and Transition Tree. The work starts with a literature review, followed by a field search, and finishes with an application of the reasoning process in a higher education institution, located in São Vicente. The collection of the data for the analysis was processed through the application of a closed questionnaire to students and staff, opened questionnaire to teachers and interviews to management, drafted in line with the objectives that this study aims to reach. The results of the application of the method presented here, allowed us to reach the conclusions drawn in the final chapter of this work.

Le sophiste Dion de Pruse, le bon roi et l'empereur

Cet article porte sur la réflexion politique grecque au sujet du principat et sur les relations entre le sophiste Dion de Pruse (40-50 après J.-C. - après 110 ?) et le pouvoir impérial. Il propose une analyse des discours de Dion qui concernent les modèles de royauté : les quatre discours Sur la royauté (Or. I à IV), l'Agamemnon (Or. LVI), le discours Sur la royauté et la tyrannie (Or. LXII). La première partie examine les circonstances de rédaction ou de prononciation des discours, afin de distinguer différentes étapes dans la pensée politique du sophiste et dans son jugement sur la figure de l'empereur. La deuxième partie étudie les deux images du « bon » roi : le roi imparfait, soumis à reddition de compte ; l'Optimus Princeps. Cette seconde image, beaucoup plus développée, est définie à la fois par un ensemble de vertus et par l'imitation du roi des dieux. La troisième partie analyse les objectifs de Dion, compare sa réflexion avec celles des intellectuels romains du Ier et du IIe siècles, dégage sa position complexe à l'égard du principat et de la figure de Trajan. The paper focuses on Greek political thinking on principate as well as on the relations between the sophist Dio of Prusa (40-50 till 100 A.D. ?) and the imperial power. It analyses Dion's speeches on royal models : the four speeches On Kingship (Or. I to IV), the Agamemnon (Or. LVI) as well as the speech On Kingship and Tyranny (Or. LXII). The first part examines under which circumstances these speeches have been drafted and given, in order to highlight the evolution of the sophist's political thinking and his assessment of the figure of emperor. Secondly, the two images of a good king are examined : the imperfect and accountable king on the one hand, the Optimus Princeps on the other. The latter image, more largely developed, is both defined by a collection of virtues and an imitation of the king of gods. The third and last part analyses Dion's objectives, compares his thoughts with the ones of 1st and 2nd centuries Roman intellectuals and sketches his complex standpoint towards the principate and Trajan.

Aplicação da Teoria dos Constrangimentos ao Sector de Transporte Público Colectivo – O Caso Da Transcor-Sv, S.A. –

Com a necessidade de adaptação às crescentes mudanças no mundo dos negócios, ao longo dos últimos anos a contabilidade de gestão tem sido criticada, pois os métodos de custeio tradicionalmente utilizados, não estão acompanhando estas mudanças, incapacitando a utilização destes como instrumentos de gestão eficazes. Na busca de ferramentas de gestão para auxiliar na tomada de decisão, foi desenvolvida a Teoria dos Constrangimentos (TOC) ou das Restrições, uma ferramenta de gestão cuja premissa é a identificação de constrangimentos que limitem a capacidade da empresa no alcance da sua meta. Muito se tem escrito sobre a aplicação desta teoria em empresas industriais, uma vez que, nessas organizações a existência de constrangimentos está mais presente. Tendo como objectivo verificar a viabilidade de aplicação desta teoria na actividade de prestação de serviços, o presente trabalho refere-se ao estudo de caso numa empresa de prestação de serviço de transporte público colectivo de passageiros TRANSCOR-SV,S.A., localizada na ilha de São Vicente. Para tal, identificámos factores considerados constrangimentos nos sistemas de transporte colectivo, através da aplicação de um questionário. Com estes factores em mãos, aplicámos a metodologia baseada no Processo de Raciocínio (PR) da OC. With the need of adaption to the growing changes happening in the business world, throughout the last few years, management accounting has been much criticized for the methods of costing used are not following such changes, turning the use of these meth-ods powerless to help provide an effective management in companies. In the search for creating useful tools to help guarantee effectiveness in decision making in companies, the Constraint Theory, or Restriction Theory, was created as a management tool in which the fundamental objective is to identify constraints that limit the capacity of a company to reach its goals successfully. Much has been written about the application of this theory in corporate industries, once in such business the existence of constraints is very present. With the aim of verifying the viability of its use in service rendered in collective public transport, this work is characterized by the case study of one such company in São Vicente. Initially, some factors that can be seen as constraints were identified in the public transport service, through the use of a questionnaire. With the results, follows the employ of the Thinking Process methodology in the analysis based in the Theory of Constraint.

Clinical reasoning in undergraduate nursing education: a scoping review

Abstract OBJECTIVE This study aimed at analyzing the current state of knowledge on clinical reasoning in undergraduate nursing education. METHODS A systematic scoping review through a search strategy applied to the MEDLINE database, and an analysis of the material recovered by extracting data done by two independent reviewers. The extracted data were analyzed and synthesized in a narrative manner. RESULTS From the 1380 citations retrieved in the search, 23 were kept for review and their contents were summarized into five categories: 1) the experience of developing critical thinking/clinical reasoning/decision-making process; 2) teaching strategies related to the development of critical thinking/clinical reasoning/decision-making process; 3) measurement of variables related to the critical thinking/clinical reasoning/decision-making process; 4) relationship of variables involved in the critical thinking/clinical reasoning/decision-making process; and 5) theoretical development models of critical thinking/clinical reasoning/decision-making process for students. CONCLUSION The biggest challenge for developing knowledge on teaching clinical reasoning seems to be finding consistency between theoretical perspectives on the development of clinical reasoning and methodologies, methods, and procedures in research initiatives in this field.

Chopin & Leopardi : dues sensibilitats bessones

Aquest treball vol estudiar les relacions que s'estableixen entre dos artistes d'un mateix període estètic: Frédéric Chopin i Giacomo Leopardi. Ho fa analitzant 7 parelles de música i poesia, analitzades per descobrir què és allò que les uneix. Després d'una reflexió al voltant de l'art, el treball reflexiona sobre què aporta a l'estudi d'un període artístic, d'unes determinades obres o a l'escolta d'un concert, la combinació de dues o més disciplines artístiques. Chopin & Leopardi: dues sensibilitats bessones, doncs, que acaben connectant també amb nosaltres, descobrint en l'art l'expressió de quelcom universal que uneix artista, intèrpret i públic.

Does Prison Substance Abuse Treatment Reduce Recidivism?Performance Audit Report Iowa Department of Corrections Licensed Substance Abuse Programs, May 25, 2007

The Iowa Department of Corrections faces a growing prison population expected to quickly exceed current capacities. Additionally, nine out of every ten offenders have a history of alcohol or drug problems often both. Research suggests that alcohol and drugs lead to criminal behavior, which lead offenders right back to prison creating a vicious circle and placing a financial and societal burden on the state. However, research also shows that substance abuse treatment can minimize criminal behavior, and offers a way to shut the revolving prison door. Substance abuse programming attempts to change offender thinking patterns and behavior in order to facilitate re-entry back into the community, lessen substance abuse relapse and reduce recidivism. Yet nearly 60% of offenders with identified needs are not treated, and many lacking treatment are high risk. Additionally, the percentage of offenders returning to prison varies significantly from program to program and some programs can not show they have reduced recidivism when compared to offender groups with substance abuse problems and receiving no treatment at all. All of which minimize the effect substance Abuse programming has in curbing prison population growth and reducing crime.

Value and prices in Russian economic thought (1890-1920)

The subject "Value and prices in Russian economic thought (1890--1920)" should evoke several names and debates in the reader's mind. For a long time, Western scholars have been aware that the Russian economists Tugan-Baranovsky and Bortkiewicz were active participants to the Marxian transformation problem, that the mathematical models of Dmitriev prefigured forthcoming neoricardian based models, and that many Russian economists were either supporting the Marxian labour theory of value or being revisionists. Moreover, these ideas were preparing the ground for Soviet planning. Russian scholars additionally knew that this period was the time of introduction of marginalism in Russia, and that, during this period, economists were active in thinking the relation of ethics with economic theory. All these issues are well covered in the existing literature. But there is a big gap that this dissertation intends to fill. The existing literature handles these pieces separately, although they are part of a single, more general, history. All these issues (the labour theory of value, marginalism, the Marxian transformation problem, planning, ethics, mathematical economics) were part of what this dissertation calls here "The Russian synthesis". The Russian synthesis (in the singular) designates here all the attempts at synthesis between classical political economy and marginalism, between labour theory of value and marginal utility, and between value and prices that occurred in Russian economic thought between 1890 and 1920, and that embraces the whole set of issues evoked above. This dissertation has the ambition of being the first comprehensive history of that Russian synthesis. In this, this contribution is unique. It has always surprised the author of the present dissertation that such a book has not yet been written. Several good reasons, both in terms of scarce availability of sources and of ideological restrictions, may accounted for a reasonable delay of several decades. But it is now urgent to remedy the situation before the protagonists of the Russian synthesis are definitely classified under the wrong labels in the pantheon of economic thought. To accomplish this task, it has seldom be sufficient to gather together the various existing studies on aspects of this story. It as been necessary to return to the primary sources in the Russian language. The most important part of the primary literature has never been translated, and in the last years only some of them have been republished in Russian. Therefore, most translations from the Russian have been made by the author of the present dissertation. The secondary literature has been surveyed in the languages that are familiar (Russian, English and French) or almost familiar (German) to the present author, and which are hopefully the most pertinent to the present investigation. Besides, and in order to increase the acquaintance with the text, which was the objective of all this, some archival sources were used. The analysis consists of careful chronological studies of the authors' writings and their evolution in their historical and intellectual context. As a consequence, the dissertation brings new authors to the foreground - Shaposhnikov and Yurovsky - who were traditionally confined to the substitutes' bench, because they only superficially touched the domains quoted above. In the Russian synthesis however, they played an important part of the story. As a side effect, some authors that used to play in the foreground - Dmitriev and Bortkiewicz - are relegated to the background, but are not forgotten. Besides, the dissertation refreshes the views on authors already known, such as Ziber and, especially, Tugan-Baranovsky. The ultimate objective of this dissertation is to change the opinion that one could have on "value and prices in Russian economic thought", by setting the Russian synthesis at the centre of the debates.