Results for 'legal decision making'

975 found
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  1. Shared decision-making in maternity care: Acknowledging and overcoming epistemic defeaters.Keith Begley, Deirdre Daly, Sunita Panda & Cecily Begley - 2019 - Journal of Evaluation in Clinical Practice 25 (6):1113–1120.
    Shared decision-making involves health professionals and patients/clients working together to achieve true person-centred health care. However, this goal is infrequently realized, and most barriers are unknown. Discussion between philosophers, clinicians, and researchers can assist in confronting the epistemic and moral basis of health care, with benefits to all. The aim of this paper is to describe what shared decision-making is, discuss its necessary conditions, and develop a definition that can be used in practice to support excellence (...)
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  2. Transformative Choice and Decision-Making Capacity.Isra Black, Lisa Forsberg & Anthony Skelton - 2023 - Law Quarterly Review 139 (4):654-680.
    This article is about the information relevant to decision-making capacity in refusal of life-prolonging medical treatment cases. We examine the degree to which the phenomenology of the options available to the agent—what the relevant states of affairs will feel like for them—forms part of the capacity-relevant information in the law of England and Wales, and how this informational basis varies across adolescent and adult medical treatment cases. We identify an important doctrinal phenomenon. In the leading authorities, the courts (...)
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  3. Why a right to explanation of automated decision-making does not exist in the General Data Protection Regulation.Sandra Wachter, Brent Mittelstadt & Luciano Floridi - 2017 - International Data Privacy Law 1 (2):76-99.
    Since approval of the EU General Data Protection Regulation (GDPR) in 2016, it has been widely and repeatedly claimed that the GDPR will legally mandate a ‘right to explanation’ of all decisions made by automated or artificially intelligent algorithmic systems. This right to explanation is viewed as an ideal mechanism to enhance the accountability and transparency of automated decision-making. However, there are several reasons to doubt both the legal existence and the feasibility of such a right. In (...)
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  4. The Public and Geoengineering Decision-Making.Pak-Hang Wong - 2013 - Techné: Research in Philosophy and Technology 17 (3):350-367.
    In response to the Royal Society report’s claim that “the acceptability of geo­engineering will be determined as much by social, legal, and political issues as by scientific and technical factors” (Geoengineering the Climate: Science, Governance and Uncertainty [London: Royal Society, 2009], ix), a number of authors have suggested the key to this challenge is to engage the public in geoengineering decision-making. In effect, some have argued that inclusion of the public in geoengineering decision-making is necessary (...)
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  5. The Challenges of Artificial Judicial Decision-Making for Liberal Democracy.Christoph Winter - 2022 - In P. Bystranowski, Bartosz Janik & M. Prochnicki (eds.), Judicial Decision-Making: Integrating Empirical and Theoretical Perspectives. Springer Nature. pp. 179-204.
    The application of artificial intelligence (AI) to judicial decision-making has already begun in many jurisdictions around the world. While AI seems to promise greater fairness, access to justice, and legal certainty, issues of discrimination and transparency have emerged and put liberal democratic principles under pressure, most notably in the context of bail decisions. Despite this, there has been no systematic analysis of the risks to liberal democratic values from implementing AI into judicial decision-making. This article (...)
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  6. Conceptualising ‘Undue Influence’ in Decision-Making Support for People with Mental Disabilities.Jillian Craigie - 2021 - Medical Law Review 29 (1):48-79.
    A crucial question in relation to support designed to enable the legal capacity of people with mental disabilities concerns when support constitutes undue influence. This article addresses this question in order to facilitate the development of law and policy in England and Wales, by providing a normative analysis of the different approaches to undue influence across decisions about property, contracts, health, finances, and accommodation. These are all potential contexts for supporting legal capacity, and, in doing so, the article (...)
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  7. Fluctuating capacity and advanced decision making – self-binding directives and self-determination’.Tania Gergel & Gareth Owen - 2015 - International Journal of Law and Psychiatry 105 (40):92-101.
    For people with Bipolar Affective Disorder, a self-binding (advance) directive (SBD), by which they commit themselves to treatment during future episodes of mania, even if unwilling, can seem the most rational way to deal with an imperfect predicament. Knowing that mania will almost certainly cause enormous damage to themselves, their preferred solution may well be to allow trusted others to enforce treatment and constraint, traumatic though this may be. No adequate provision exists for drafting a truly effective SBD and efforts (...)
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  8. A review of environmental, social and health impact assessment (Eshia) practice in Nigeria: a panacea for sustainable development and decision making[REVIEW]O. Omidiji Adedoyin, Morufu Olalekan Raimi, Sawyerr Henry Olawale & Odipe Oluwaseun Emmanuel - 2020 - MOJPH 9:81-87.
    Local participation is always beneficial for sustainable action and environmental problems resulting from urban implementation due to the failure of social and institutional change necessary for a successful transformation of rural life to urban life ahead of the rapid movement of the population. Despite good legal practice and comprehensive guidelines, evidence suggests that Environmental Impact Assessment (EIA) or more broadly Environmental, Social and Health Impact Assessment (ESHIA) have not yet been found satisfactory in Nigeria, as the current system amounts (...)
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  9. Making space: The natural, cultural, cognitive and social niches of human activity.Barry Smith - 2021 - Cognitive Processing 22 (supplementary issue 1):77-87.
    This paper is in two parts. Part 1 examines the phenomenon of making space as a process involving one or other kind of legal decision-making, for example when a state authority authorizes the creation of a new highway along a certain route or the creation of a new park in a certain location. In cases such as this a new abstract spatial entity comes into existence – the route, the area set aside for the park – (...)
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  10. How much of commonsense and legal reasoning is formalizable? A review of conceptual obstacles.James Franklin - 2012 - Law, Probability and Risk 11:225-245.
    Fifty years of effort in artificial intelligence (AI) and the formalization of legal reasoning have produced both successes and failures. Considerable success in organizing and displaying evidence and its interrelationships has been accompanied by failure to achieve the original ambition of AI as applied to law: fully automated legal decision-making. The obstacles to formalizing legal reasoning have proved to be the same ones that make the formalization of commonsense reasoning so difficult, and are most evident (...)
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  11. The Making of "The Legal Process".William M. Eskridge & Philip P. Frickey - 1994 - Harvard Law Review 107 (8):2031-2055.
    In one of the most unusual decisions in the history of legal publishing, Foundation Press is printing the 1958 "tentative edition" of Henry M. Hart, Jr. and Albert M. Sacks's teaching materials on The Legal Process: Basic Problems in the Making and Application of Law. Although The Legal Process remains unfinished to this day, it provided the agenda, much of the analytic structure, and even the name of the "legal process school" of the 1950s and (...)
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  12.  50
    Inclusive Legal Positivism and the Fallibility of Officials.Kenneth M. Ehrenberg - 2024 - In Thomas Bustamante, Saulo M. M. De Matos & André Coelho (eds.), Law, Morality and Judicial Reasoning: Essays on W.J. Waluchow's Jurisprudence and Constitutional Theory. Cham, Switzerland: Springer. pp. 23-40.
    Wil Waluchow has advanced perhaps the most convincing argument in favour of what he eloquently termed ‘inclusive legal positivism’, the view that a given legal system could make legal validity depend on moral truths. This chapter refocuses the case for the opposing view of exclusive positivism on the metaphysical tension in seeing law as an institutional social fact and yet for its validity to depend on something that is not a social fact, developing an understanding of official (...)
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  13. The Legal Self: Executive processes and legal theory.William Hirstein & Katrina Sifferd - 2011 - Consciousness and Cognition 20 (1):151-176.
    When laws or legal principles mention mental states such as intentions to form a contract, knowledge of risk, or purposely causing a death, what parts of the brain are they speaking about? We argue here that these principles are tacitly directed at our prefrontal executive processes. Our current best theories of consciousness portray it as a workspace in which executive processes operate, but what is important to the law is what is done with the workspace content rather than the (...)
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  14. What is positivism in legal analysis?Damian Wayne Williams - forthcoming - Forthcoming.
    Legal positivism emerged in response to natural law, as an indictment on the latter’s metaphysical predilections. Natural law dominance created a yearning for empiricism, or even a ‘hard scientism’ in approach to understanding socially constructed phenomenon, including legal praxis. From its Benthamite origins, it has since been developed, with recent, spirited debate still undertaken among towering legal scholars. Although its validity is contested to some, it remains as an analytic point of view of the law. Yet, within (...)
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  15. Legal Pragmatism as a guide to new perspectives on the application of Law.Alvaro de Azevedo Gonzaga, Felipe Labruna & Cassiano Mazon - 2024 - Revista da Faculdade de Direito Do Sul de Minas 40 (1):129-144.
    This is an article about Legal Pragmatism, studied under the prism of the Philosophy of Law. The pragmatist philosophical current, born in the United States, was responsible for consolidating the line of legal reasoning aimed at obtaining the results that best meet social desires and human hopes. Legal Pragmatism is not presented as a Theory of Law, consubstantiating itself, in reality, in a method based on argumentation, capable of substantiating decision making. Finally, an attempt was (...)
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  16. Fictionalising Jurisprudence: An Introduction to Strong Legal Fictionalism.David Gawthorne - 2013 - Australian Journal of Legal Philosophy 38:52-73.
    The proposed theoretical motivation for legal fictionalism begins by focusing upon the seemingly supernatural powers of creation and control that mere mortals exercise over legal things, as a subclass of socially constructed things. This focus brings to the fore a dilemma of uncharitableness concerning the ontological commitments expressed in the discourse of whole societies about such things. Either, there is widespread equivocation as to the fundamental concept expressed by terms such as ‘existence’ or our claims about legal (...)
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  17. Legal Subversion of the Criminal Justice Process? Judicial, Prosecutorial and Police Discretion in Edmondson, Kindrat and Brown.Lucinda Vandervort - 2012 - In Elizabeth Sheehy (ed.), Chapter 6, SEXUAL ASSAULT IN CANADA: LAW, LEGAL PRACTICE & WOMEN'S ACTIVISM, pp. 113-153. University of Ottawa Press. pp. 111-150.
    In 2001, three non-Aboriginal men in their twenties were charged with the sexual assault of a twelve year old Aboriginal girl in rural Saskatchewan. Legal proceedings lasted almost seven years and included two preliminary hearings, two jury trials, two retrials with juries, and appeals to the provincial appeal court and the Supreme Court of Canada. One accused was convicted. The case raises questions about the administration of justice in sexual assault cases in Saskatchewan. Based on observation and analysis of (...)
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  18. Voluntariness or legal obligation? An ethical analysis of two instruments for fairer global access to COVID-19 vaccines.Katja Voit, Cristian Timmermann, Marcin Orzechowski & Florian Steger - 2023 - Frontiers in Public Health 11:995683.
    Introduction: There is currently no binding, internationally accepted and successful approach to ensure global equitable access to healthcare during a pandemic. The aim of this ethical analysis is to bring into the discussion a legally regulated vaccine allocation as a possible strategy for equitable global access to vaccines. We focus our analysis on COVAX (COVID-19 Vaccines Global Access) and an existing EU regulation that, after adjustment, could promote global vaccine allocation. -/- Methods: The main documents discussing the two strategies are (...)
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  19. Data and Safety Monitoring Board and the Ratio Decidendi of the Trial.Roger Stanev - 2015 - Journal of Philosophy, Science and Law 15:1-26.
    Decision-making by a Data and Safety Monitoring Board (DSMB) regarding clinical trial conduct and termination is intricate and largely limited by cases and rules. Decision-making by legal jury is also intricate and largely constrained by cases and rules. In this paper, I argue by analogy that legal decision-making, which strives for a balance between competing demands of conservatism and innovation, supplies a good basis to the logic behind DSMB decision-making. Using (...)
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  20. From Moral Responsibility to Legal Responsibility in the Conduct of War.Lavinia Andreea Bejan - 2015 - Symposion: Theoretical and Applied Inquiries in Philosophy and Social Sciences 2 (3):347–362.
    Different societies came to consider certain behaviors as morally wrong, and, in time, due to a more or less general practice, those behaviors have also become legally prohibited. While, nowadays, the existence of legal responsibility of states and individuals for certain reprehensible acts committed during an armed conflict, international or non-international, is hard to be disputed, an inquiry into the manner in which the behavior of the belligerents has come to be considered reveals long discussions in the field of (...)
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  21. Interpreting the Rules of the Game.C. Mantzavinos - 2007 - In Christoph Engel Firtz Strack (ed.), The Impact of Court Procedure on the Psychology of Judicial Decision-Making. Nomos. pp. 16-30.
    After providing a brief overview of the economic theory of judicial decisions this paper presents an argument for why not only the economic theory of judicial decisions, but also the rational approach in general, most often fails in explaining decision-making. Work done within the research program of New Institutionalism is presented as a possible alternative. Within this research program judicial activity is conceptualized as the activity of "interpreting the rules of the game", i.e. the institutions that frame the (...)
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  22. Interest Articulation and Lobbying in Unregulated Legal Contexts: The Case of Albania.Gerti Sqapi - 2022 - Economicus 21 (2):172-183.
    The main argument of this paper is that the legal regulation of lobbying is an important factor for disciplining/curbing the undue (illicit) influence of different interest groups on the political-making process, especially in countries with post-communist and nonconsolidated democracies such as Albania. In three decades of political and economic transition from a one-party communist system to a democratic one and towards a market economy, the democratization of Albania has faced various problems, which have often led to a loss (...)
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  23. The Philosophy of Legal Proof.Lewis Ross - 2024 - Cambridge University Press.
    Criminal courts make decisions that can remove the liberty and even life of those accused. Civil trials can cause the bankruptcy of companies employing thousands of people, asylum seekers being deported, or children being placed into state care. Selecting the right standards when deciding legal cases is of utmost importance in giving those affected a fair deal. This Element is an introduction to the philosophy of legal proof. It is organised around five questions. First, it introduces the standards (...)
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  24. Incommensurability, Incomparability, and Practical Reason.Ruth Chang (ed.) - 1997 - Cambridge, MA, USA: Harvard.
    Can quite different values be rationally weighed against one another? Can the value of one thing always be ranked as greater than, equal to, or less than the value of something else? If the answer to these questions is no, then in what areas do we find commensurability and comparability unavailable? And what are the implications for moral and legal decision making? This book struggles with these questions, and arrives at distinctly different answers.".
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  25. Political legitimacy in decisions about experiments in solar radiation management.David R. Morrow, Robert E. Kopp & Michael Oppenheimer - 2013 - In William C. G. Burns & Andrew Strauss (eds.), Climate Change Geoengineering: Philosophical Perspectives, Legal Issues, and Governance Frameworks. Cambridge University Press.
    Some types of solar radiation management (SRM) research are ethically problematic because they expose persons, animals, and ecosystems to significant risks. In our earlier work, we argued for ethical norms for SRM research based on norms for biomedical research. Biomedical researchers may not conduct research on persons without their consent, but universal consent is impractical for SRM research. We argue that instead of requiring universal consent, ethical norms for SRM research require only political legitimacy in decision-making about global (...)
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  26. The Prospects of Using AI in Euthanasia and Physician-Assisted Suicide: A Legal Exploration.Hannah van Kolfschooten - 2024 - AI and Ethics 1.
    The Netherlands was the first country to legalize euthanasia and physician-assisted suicide. This paper offers a first legal perspective on the prospects of using AI in the Dutch practice of euthanasia and physician-assisted suicide. It responds to the Regional Euthanasia Review Committees’ interest in exploring technological solutions to improve current procedures. The specific characteristics of AI – the capability to process enormous amounts of data in a short amount of time and generate new insights in individual cases – may (...)
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  27. Who Should Decide Legal Trials?Lewis Ross - 2024 - In The Philosophy of Legal Proof. Cambridge University Press.
    Discusses who should decide the result of legal trials, focusing on the jury system.
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  28. The Twilight of Legality.John Gardner - 2019 - Australasian Journal of Legal Philosophy 43 (1):1-16.
    This paper argues that juridification has become the enemy of legality. By 'juridification' is meant the proliferation of legal norms and legally recognized norms. By legality is meant conformity with the ideal of the rule of law. The paper begins with the most obvious ways in which juridification threatens legality. Too much law makes the law on any subject hard to discover, hard to remember, and hard to follow. It also makes us too dependent on the discretion of petty (...)
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  29. Capturing and Promoting the Autonomy of Capacitous Vulnerable Adults.Jonathan Lewis - 2021 - Journal of Medical Ethics 47 (12):e21.
    According to the High Court in England and Wales, the primary purpose of legal interventions into the lives of vulnerable adults with mental capacity should be to allow the individuals concerned to regain their autonomy of decision making. However, recent cases of clinical decision making involving capacitous vulnerable adults have shown that, when it comes to medical law, medical ethics and clinical practice, vulnerability is typically conceived as opposed to autonomy. The first aim of this (...)
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  30. Reconciling the opposing effects of neurobiological evidence on criminal sentencing judgments.Corey Allen, Karina Vold, Gidon Felson, Jennifer Blumenthal-Barby & Eyal Aharoni - 2019 - PLoS ONE 1:1-17.
    Legal theorists have characterized physical evidence of brain dysfunction as a double-edged sword, wherein the very quality that reduces the defendant’s responsibility for his transgression could simultaneously increase motivations to punish him by virtue of his apparently increased dangerousness. However, empirical evidence of this pattern has been elusive, perhaps owing to a heavy reliance on singular measures that fail to distinguish between plural, often competing internal motivations for punishment. The present study employed a test of the theorized double-edge pattern (...)
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  31. On Evidence, Medical and Legal.Donald W. Miller & Clifford Miller - 2005 - Journal of American Physicians and Surgeons 10 (3):70-75.
    Medicine, like law, is a pragmatic, probabilistic activity. Both require that decisions be made on the basis of available evidence, within a limited time. In contrast to law, medicine, particularly evidence-based medicine as it is currently practiced, aspires to a scientific standard of proof, one that is more certain than the standards of proof courts apply in civil and criminal proceedings. But medicine, as Dr. William Osler put it, is an "art of probabilities," or at best, a "science of uncertainty." (...)
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  32. Judging Mechanistic Neuroscience: A Preliminary Conceptual-Analytic Framework for Evaluating Scientific Evidence in the Courtroom.Jacqueline Anne Sullivan & Emily Baron - 2018 - Psychology, Crime and Law (00):00-00.
    The use of neuroscientific evidence in criminal trials has been steadily increasing. Despite progress made in recent decades in understanding the mechanisms of psychological and behavioral functioning, neuroscience is still in an early stage of development and its potential for influencing legal decision-making is highly contentious. Scholars disagree about whether or how neuroscientific evidence might impact prescriptions of criminal culpability, particularly in instances in which evidence of an accused’s history of mental illness or brain abnormality is offered (...)
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  33. Los sesgos cognitivos y la legitimidad racional de las decisiones judiciales.Andrés Páez - 2021 - In Federico Arena, Pau Luque & Diego Moreno Cruz (eds.), Razonamiento Jurídico y Ciencias Cognitivas. Bogotá: Universidad Externado de Colombia. pp. 187-222.
    Los sesgos cognitivos afectan negativamente la toma de decisiones en todas las esferas de la vida, incluyendo las decisiones de los jueces. La imposibilidad de eliminarlos por completo de la práctica del derecho, o incluso de controlar sus efectos, contrasta con el anhelo de que las decisiones judiciales sean el resultado exclusivo de un razonamiento lógico-jurídico correcto. Frente el efecto sistemático, recalcitrante y porfiado de los sesgos cognitivos, una posible estrategia para disminuir su efecto es enfocarse, no en modificar el (...)
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  34. Balancing Freedom and Restraint: The Role of Virtue in Legal Analysis.Harold Anthony Lloyd - 2023 - Southern California Interdisciplinary Law Journal 32:315-353.
    Even if one sees the law as “a self-contained system of legal reasoning” from which we deduce “neutral,” non-political conclusions from “general principles and analogies among cases and doctrines” (including formalist claims that judges simply call “balls and strikes” like umpires in a baseball game), one should still consider certain characteristics of the party making such deductions or calling such “balls and strikes.” [Relevant citations to quoted language are in the Article.] If such decision maker has questionable (...)
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  35. The Morality of Achilles: Anger as A Moral Emotion.Adam Wallwork - 2014 - Indoensian Journal of International and Comparative Law 1 (2):333-365.
    Anger is central to moral and legal decision-making. Angry individuals reason differently than people in a temperate state. Aristotle and the ancient Greeks understood anger’s practical role in forensic argument and moral judgment—an intuition modern psychologists have largely confirmed. Psychological experiments show that people primed to anger will draw different inferences than people in a tranquil state of mind from the same factual circumstances. As Aristotle understood, our ability to reach conclusions about a set of facts is (...)
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  36. European and comparative law study regarding family’s legal role in deceased organ procurement.Marina Morla-González, Clara Moya-Guillem, Janet Delgado & Alberto Molina-Pérez - 2021 - Revista General de Derecho Público Comparado 29.
    Several European countries are approving legislative reforms moving to a presumed consent system in order to increase organ donation rates. Nevertheless, irrespective of the consent system in force, family's decisional capacity probably causes a greater impact on such rates. In this contribution we have developed a systematic methodology in order to analyse and compare European organ procurement laws, and we clarify the weight given by each European law to relatives' decisional capacity over individual's preferences (expressed or not while alive) regarding (...)
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  37. Human Rights and Psychology in the Rep. of Ireland: Aspirations for Everyday Practice and Introducing the Kyrie Farm Model.Michelle Cowley-Cunningham - 2023 - Clinical Psychology Forum 2 (369):47-63.
    The Republic of Ireland is introducing major human rights-based reform to its mental health laws. This paper outlines the new legal landscape in which psychologists must operate against the backdrop of present day effects of Ireland’s dark legacy of institutionalisation. A rights-based approach aims to positively transform mental health service delivery and we advocate for person-centred treatments as the ‘new normal’. We summarise the recent advocacy work undertaken by the Psychological Society of Ireland’s Special Interest Group in Human Rights (...)
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  38. Pharmaceutical risk communication: sources of uncertainty and legal tools of uncertainty management.Barbara Osimani - 2010 - Health Risk and Society 12 (5):453-69.
    Risk communication has been generally categorized as a warning act, which is performed in order to prevent or minimize risk. On the other side, risk analysis has also underscored the role played by information in reducing uncertainty about risk. In both approaches the safety aspects related to the protection of the right to health are on focus. However, it seems that there are cases where a risk cannot possibly be avoided or uncertainty reduced, this is for instance valid for the (...)
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  39. Clear Cases.William Conklin - 1981 - University of Toronto Law Journal 31:231-248.
    Theorists of the legal process in common law countries have, in recent years, been preoccupied with hard cases. A hard case occurs where a legal rule or legal rules cannot determine a uniquely correct result when applied to given facts. This paper examines what theorists and law practitioners alike have believed to be a very different kind of case: the clear case. Practising lawyers assure us that clear cases occupy a large percentage of their case load. Professional (...)
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  40. From Neuroscience to Law: Bridging the Gap.Tuomas K. Pernu & Nadine Elzein - 2020 - Frontiers in Psychology 11.
    Since our moral and legal judgments are focused on our decisions and actions, one would expect information about the neural underpinnings of human decision-making and action-production to have a significant bearing on those judgments. However, despite the wealth of empirical data, and the public attention it has attracted in the past few decades, the results of neuroscientific research have had relatively little influence on legal practice. It is here argued that this is due, at least partly, (...)
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  41.  82
    Decision-Making Capacity and Authenticity.Tim Aylsworth & Jake Greenblum - 2024 - Journal of Bioethical Inquiry 21 (3):1-9.
    There is wide consensus among bioethicists about the importance of autonomy when determining whether or not a patient has the right to refuse life-saving treatment (LST). In this context, autonomy has typically been understood in terms of the patient’s ability to make an informed decision. According to the traditional view, decision-making capacity (DMC) is seen as both necessary and sufficient for the right to refuse LST. Recently, this view has been challenged by those who think that considerations (...)
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  42. Why Decision-making Capacity Matters.Ben Schwan - 2021 - Journal of Moral Philosophy 19 (5):447-473.
    Decision-making Capacity matters to whether a patient’s decision should determine her treatment. But why it matters in this way isn’t clear. The standard story is that dmc matters because autonomy matters. And this is thought to justify dmc as a gatekeeper for autonomy – whereby autonomy concerns arise if but only if a patient has dmc. But appeals to autonomy invoke two distinct concerns: concern for authenticity – concern that a choice is consistent with an individual’s commitments; (...)
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  43. Autonomous Weapons and the Nature of Law and Morality: How Rule-of-Law-Values Require Automation of the Rule of Law.Duncan MacIntosh - 2016 - Temple International and Comparative Law Journal 30 (1):99-117.
    While Autonomous Weapons Systems have obvious military advantages, there are prima facie moral objections to using them. By way of general reply to these objections, I point out similarities between the structure of law and morality on the one hand and of automata on the other. I argue that these, plus the fact that automata can be designed to lack the biases and other failings of humans, require us to automate the formulation, administration, and enforcement of law as much as (...)
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  44. Ditching Decision-Making Capacity.Daniel Fogal & Ben Schwan - forthcoming - Journal of Medical Ethics.
    Decision-making capacity (DMC) plays an important role in clinical practice—determining, on the basis of a patient’s decisional abilities, whether they are entitled to make their own medical decisions or whether a surrogate must be secured to participate in decisions on their behalf. As a result, it’s critical that we get things right—that our conceptual framework be well-suited to the task of helping practitioners systematically sort through the relevant ethical considerations in a way that reliably and transparently delivers correct (...)
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  45.  98
    Interpretable and accurate prediction models for metagenomics data.Edi Prifti, Antoine Danchin, Jean-Daniel Zucker & Eugeni Belda - 2020 - Gigascience 9 (3):giaa010.
    Background: Microbiome biomarker discovery for patient diagnosis, prognosis, and risk evaluation is attracting broad interest. Selected groups of microbial features provide signatures that characterize host disease states such as cancer or cardio-metabolic diseases. Yet, the current predictive models stemming from machine learning still behave as black boxes and seldom generalize well. Their interpretation is challenging for physicians and biologists, which makes them difficult to trust and use routinely in the physician-patient decision-making process. Novel methods that provide interpretability and (...)
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    Algorithmic Decision-Making, Agency Costs, and Institution-Based Trust.Keith Dowding & Brad R. Taylor - 2024 - Philosophy and Technology 37 (2):1-22.
    Algorithm Decision Making (ADM) systems designed to augment or automate human decision-making have the potential to produce better decisions while also freeing up human time and attention for other pursuits. For this potential to be realised, however, algorithmic decisions must be sufficiently aligned with human goals and interests. We take a Principal-Agent (P-A) approach to the questions of ADM alignment and trust. In a broad sense, ADM is beneficial if and only if human principals can trust (...)
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  47. Issues with the Judicial System: A Philosophical and Psychological Approach.Manish Nagireddy - manuscript
    What factors affect judicial decision-making? The legal system is of utmost importance because of its impact on our lives. Judges appear to have the most power among any social workers seeing as the precedents set in their decisions are tantamount to written law. Nevertheless, judges may be subject to certain biases, moral and cognitive alike, which influence their rulings. Looking into how morality and cognitive biases affect judges may also reveal how we as individuals handle combining morals (...)
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  48. Supported Decision-Making: Non-Domination Rather than Mental Prosthesis.Allison M. McCarthy & Dana Howard - 2023 - American Journal of Bioethics Neuroscience 14 (3):227-237.
    Recently, bioethicists and the UNCRPD have advocated for supported medical decision-making on behalf of patients with intellectual disabilities. But what does supported decision-making really entail? One compelling framework is Anita Silvers and Leslie Francis’ mental prosthesis account, which envisions supported decision-making as a process in which trustees act as mere appendages for the patient’s will; the trustee provides the cognitive tools the patient requires to realize her conception of her own good. We argue that (...)
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  49. A Civic Republican Analysis of Mental Capacity Law.Tom O'Shea - 2018 - Legal Studies 1 (38):147-163.
    This article draws upon the civic republican tradition to offer new conceptual resources for the normative assessment of mental capacity law. The republican conception of liberty as non-domination is used to identify ways in which such laws generate arbitrary power that can underpin relationships of servility and insecurity. It also shows how non-domination provides a basis for critiquing legal tests of decision-making that rely upon ‘diagnostic’ rather than ‘functional’ criteria. In response, two main civic republican strategies are (...)
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  50. Neuroethics 1995–2012. A Bibliometric Analysis of the Guiding Themes of an Emerging Research Field.Jon Leefmann, Clement Levallois & Elisabeth Hildt - 2016 - Frontiers in Human Neuroscience 10:167162.
    In bioethics, the first decade of the twenty-first century was characterized by the emergence of interest in the ethical, legal, and social aspects of neuroscience research. At the same time an ongoing extension of the topics and phenomena addressed by neuroscientists was observed alongside its rise as one of the leading disciplines in the biomedical science. One of these phenomena addressed by neuroscientists and moral psychologists was the neural processes involved in moral decision-making. Today both strands of (...)
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