921 resultados para Claims


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In The Global Model of Constitutional Rights Kai Möller claims that the proportionality test is underlain by an expansive moral right to autonomy. This putative right protects everything that advances one’s self-conception. It may of course be limited when balanced against other considerations such as the rights of others. But it always creates a duty on the state to justify the limitation. Möller further contends that the practice of proportionality can best be understood as protecting the right to autonomy. This review article summarizes the main tenets of Möller’s theory and criticizes them on two counts. First, it disputes the existence of a general right to autonomy; such a right places an unacceptably heavy burden on others. Second, it argues that we do not need to invoke a right to autonomy to explain and justify the main features of the practice of proportionality. Like other constitutional doctrines, proportionality is defensible, if it is grounded in pragmatic –mainly epistemic and institutional- considerations about how to increase overall rights compliance. These considerations are independent of any substantive theory of rights.

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Discussion of the national interest often focuses on how Britain's influence can be maximized, rather than on the goals that influence serves. Yet what gives content to claims about the national interest is the means-ends reasoning which links interests to deeper goals. In ideal-typical terms, this can take two forms. The first, and more common, approach is conservative: it infers national interests and the goals they advance from existing policies and commitments. The second is reformist: it starts by specifying national goals and then asks how they are best advanced under particular conditions. New Labour's foreign policy discourse is notable for its explicit use of a reformist approach. Indeed, Gordon Brown's vision of a 'new global society' not only identifies global reform as a key means of fulfilling national goals, but also thereby extends the concept of the national interest well beyond a narrow concern with national security.

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Novel probiotics and prebiotics designed to manipulate the gut microbiota for improving health outcomes are in demand as the importance of the gut microbiota in human health is revealed. The regulations governing introduction of novel probiotics and prebiotics vary by geographical region. Novel foods and foods with health claims fall under specific regulations in several countries. The paper reviews the main requirements of the regulations in the EU, USA, Canada and Japan. We propose a number of areas that need to be addressed in any safety assessment of novel probiotics and prebiotics. These include publication of the genomic sequence, antibiotic resistance profiling, selection of appropriate in vivo model, toxicological studies (including toxin production) and definition of target population.

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BACKGROUND: Accelerated gastric emptying (GE) may lead to reduced satiation, increased food intake and is associated with obesity and type 2 diabetes. Domperidone is a dopamine 2 (D(2)) receptor antagonist with claims of gastrointestinal tract pro-kinetic activity. In humans, domperidone is used as an anti-emetic and treatment for gastrointestinal bloating and discomfort. AIM: To determine the effect of acute domperidone administration on GE rate and appetite sensations in healthy adults. METHODS: A single-blind block randomised placebo-controlled crossover study assessed 13 healthy adults. Subjects ingested 10 mg domperidone or placebo 30 min before a high-fat (HF) test meal. GE rate was determined using the (13)CO(2) octanoic acid breath test. Breath samples and subjective appetite ratings were collected in the fasted and during the 360 min postprandial period. RESULTS:Gastric emptying half-time was similar following placebo (254 ± 54 min) and 10 mg domperidone (236 ± 65 min). Domperidone did not change appetite sensations during the 360 min postprandial period (P > 0.05). CONCLUSIONS: In healthy adults, acute administration of 10 mg domperidone did not change GE or appetite sensations following a HF test meal.

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Utterance of a sentence in poetry can be performative, and explicitly so. The best-known of Geoffrey Hill’s critical essays denies this, but his own poetry demonstrates it. I clarify these claims and explain why they matter. What Hill denies illuminates anxieties about responsibility and commitment that poets and critics share with philosophers. What Hill demonstrates affords opportunities for mutual benefit between philosophy and criticism.

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This paper proposes a limitation to epistemological claims to theory building prevalent in critical realist research. While accepting the basic ontological and epistemological positions of the perspective as developed by Roy Bhaskar, it is argued that application in social science has relied on sociological concepts to explain the underlying generative mechanisms, and that in many cases this has been subject to the effects of an anthropocentric constraint. A novel contribution to critical realist research comes from the work and ideas of Gregory Bateson. This is in service of two central goals of critical realism, namely an abductive route to theory building and a commitment to interdisciplinarity. Five aspects of Bateson’s epistemology are introduced: (1) difference, (2) logical levels of abstraction, (3) recursive causal loops, (4) the logic of metaphor, and (5) Bateson’s theory of mind. The comparison between Bateson and Bhaskar’s ideas is seen as a form of double description, illustrative of the point being raised. The paper concludes with an appeal to critical realists to start exploring the writing and outlook of Bateson himself.

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This thesis examines the film comedies directed by Olga Malea and released between 1997 and 2007 in Greece, in order to make a claim for the study of women’s popular cinema in Greece and beyond. Women’s popular cinema refers to films which are thematically associated with women’s cinema while operating in popular forms, such as genre. Olga Malea and her work make for a useful case study, in that they encapsulate the relationship between these two broad categories of women’s cinema and popular cinema. In addition, this thesis claims that the two categories inflect one another in interesting ways, and their intersections act as a productive framework for the analysis of women’s cinema as popular cinema, effecting a popularisation of usually marginalised themes. The introduction to this work primarily outlines the theoretical frameworks for the argument that follows, namely: women’s cinema and feminist theory; discussions around popular cinema; and considerations about authorship. The concept of national film cultures and its possible meaning in relation to Greece is also alluded to as a contextual factor. Each subsequent chapter advances the argument for women’s popular cinema through close textual analysis of the films in chronological order of their release. In particular, the analysis identifies recurrent strands and motifs in the director’s oeuvre, such as tensions between tradition and modernity, and the pervasive nature of patriarchy in informing national gender discourses. Having established the argument that women’s popular cinema is productive in popularising women’s cinema itself, the thesis concludes that, in the work of Olga Malea, its themes are conceived of, represented and perceived as prominent in the country during the period examined – and one can finally address women’s cinema as popular.

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This article responds to scholarship on Beckett’s television plays that regards them as positive interventions which encourage the viewer to reconsider the conventions of the medium, and that raise the cultural standards of television drama. In making claims about how the plays address and educate their viewers, critical approaches shift between conceptions of audience. This analysis of Beckett’s plays on British television reconsiders their aesthetic strategies, their relationship with television culture, and the dominant assumptions of critical writing about them by examining the parallel between conceptions of the audience and conceptions of the child in writing about television and Beckett’s television plays.

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Most studies concerned with the representations of local people in tourism discourse point to the prevalence of stereotypic images asserting that contemporary tourism perpetuates colonial legacy and gendered discursive practices. This claim has been, to some extent, contested in research that explores representations of hosts in local tourism materials claiming that tourism can also discursively resist the dominant Western imagery. While the evidence for the existence of hegemonic and diverging discourses about the local ‘Other’ seems compelling, the empirical basis of this research is rather small and often limited to one geographic context. The present study addresses these shortcomings by examining representations of hosts in a larger corpus of promotional tourism materials including texts produced by Western and local tourism industries. The data is investigated using the methodology of Corpus-Assisted Discourse Studies (CADS). By comparing external with internal (self) representations, this study verifies and refines some of the claims on the subject and offers a much more nuanced picture of representations that defies the black and white scenarios proposed in previous research

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Research on invention has focused on business invention and little work has been conducted on the process and capability required for the individual inventor or the capabilities required for an advice to be considered an invention. This paper synthesises the results of an empirical survey of ten inventor case studies with current research on invention and recent capability affordance research to develop an integrated capability process model of human capabilities for invention and specific capabilities of an invented device. We identify eight necessary human effectivities required for individual invention capability and six functional key activities using these effectivities, to deliver the functional capability of invention. We also identified key differences between invention and general problem solving processes. Results suggest that inventive step capability relies on a unique application of principles that relate to a new combination of affordance chain with a new mechanism and or space time (affordance) path representing the novel way the device works, in conjunction with defined critical affordance operating factors that are the subject of the patent claims.

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The vast majority of putative solutions to the liar paradox face the infamous revenge problem. In recent work, however, Kevin Scharp has extensively developed an exciting and highly novel ‘inconsistency approach’ to the paradox that, he claims, does not face revenge. If Scharp is right, then this represents a significant step forward in our attempts to solve the liar paradox. However, in this paper, I raise a revenge problem that faces Scharp’s inconsistency approach.

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Efforts to engage with communities in spatial planning have been criticised as being tokenistic, vehicles for co-option or designed to promote neo-liberal agendas. The introduction of neighbourhood planning (NP) in England under the Localism Act (2011) is claimed by proponents to be a step change in the way that local communities are involved in planning their own areas. However, little empirical evidence has yet emerged to substantiate such claims, or provide details about the practices and experiences of NP. The paper highlights that there are numerous parties involved in the co-production of Neighbourhood Development Plans and there are numerous instances where ideas, policies and priorities that emerge from within neighbourhoods are being ‘rescripted’ to ensure conformity to a bounded form of collaboration.

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The debate associated with the qualifications of business school faculty has raged since the 1959 release of the Gordon–Howell and Pierson reports, which encouraged business schools in the USA to enhance their legitimacy by increasing their faculties’ doctoral qualifications and scholarly rigor. Today, the legitimacy of specific faculty qualifications remains one of the most discussed topics in management education, attracting the interest of administrators, faculty, and accreditation agencies. Based on new institutional theory and the institutional logics perspective, this paper examines convergence and innovation in business schools through an analysis of faculty hiring criteria. The qualifications examined are academic degree, scholarly publications, teaching experience, and professional experience. Three groups of schools are examined based on type of university, position within a media ranking system, and accreditation by the Association to Advance Collegiate Schools of Business. Data are gathered using a content analysis of 441 faculty postings from business schools based in the USA over two time periods. Contrary to claims of global convergence, we find most qualifications still vary by group, even in the mature US market. Moreover, innovative hiring is more likely to be found in non-elite schools.

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It has been suggested that Assessment for Learning (AfL) plays a significant role in enhancing teaching and learning in mainstream educational contexts. However, little empirical evidence can support these claims. As AfL has been shown to be enacted predominantly through interactions in primary classes, there is a need to understand if it is appropriate, whether it can be efficiently used in teaching English to Young Learners (TEYL) and how it can facilitate learning in such a context. This emerging research focus gains currency especially in the light of SLA research, which suggests the important role of interactions in foreign language learning. This mixed-method, descriptive and exploratory study aims to investigate how teachers of learners aged 7-11 understand AfL; how they implement it; and the impact that such implementation could have on interactions which occur during lessons. The data were collected through lesson observations, scrutiny of school documents, semi-structured interviews and a focus group interview with teachers. The findings indicate that fitness for purpose guides the implementation of AfL in TEYL classrooms. Significantly, the study has revealed differences in the implementation of AfL between classes of 7-9 and 10-11 year olds within each of the three purposes (setting objectives and expectations; monitoring performance; and checking achievement) identified through the data. Another important finding of this study is the empirical evidence suggesting that the use of AfL could facilitate creating conditions conducive to learning in TEYL classes during collaborative and expert/novice interactions. The findings suggest that teachers’ understanding of AfL is largely aligned with the theoretical frameworks (Black & Wiliam, 2009; Swaffield, 2011) already available. However, they also demonstrate that there are TEYL specific characteristics. This research has important pedagogical implications and indicates a number of areas for further research.

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This article has two main objectives. First, we offer an introduction to the subfield of generative third language (L3) acquisition. Concerned primarily with modeling initial stages transfer of morphosyntax, one goal of this program is to show how initial stages L3 data make significant contributions toward a better understanding of how the mind represents language and how (cognitive) economy constrains acquisition processes more generally. Our second objective is to argue for and demonstrate how this subfield will benefit from a neuro/psycholinguistic methodological approach, such as event-related potential experiments, to complement the claims currently made on the basis of exclusively behavioral experiments.