bluuebunny/crossref_metadata_2025 huggingface dataset:
Self-reported knowledge, attitudes, practices and barriers in use of evidence-based medicine among resident physicians in Kenya: a mixed methods study
Authors: Unadkat Megha B. , Mbuba Caroline K. , Ngugi Anthony K. , Kamya Dorothy
Published: October 2021

Background

Evidence based medicine (EBM) helps clinicians to integrate latest research evidence into their daily clinical practice. There is a need for all healthcare professions to adopt it in order to provide safe and most cost-effective care. Postgraduate doctors are at the frontline of healthcare delivery and all medical institutions should strive to produce practitioners of EBM. Studies have shown that physicians are still struggling to adapt to this paradigm shift in the practice of medicine but very few studies have been done in Sub Saharan Africa. This study explored the self-reported knowledge, attitudes, practices and barriers of evidence-based practice among resident physicians in a tertiary teaching hospital.

Methods

A mixed methods cross-sectional study that used convergent parallel design was conducted. The quantitative arm was conducted among all residents enrolled in the Master of Medicine programme at Aga Khan University Hospital Nairobi (AKUHN). It included an online survey exploring self-reported knowledge, attitudes, practices and barriers of EBM among all residents. Simultaneously, semi-structured In-Depth Interviews were carried out among 18 purposefully selected residents in order to explore the same themes in more depth.

Results

One hundred and one residents (99%) responded to the survey. The mean scores for self-reported knowledge, attitude and practice of EBM among residents were 73.88, 66.96 and 63.19% respectively, which were generally higher than in comparable studies. There was a significant association between year of residency and practice of EBM. The most common barriers faced by residents were lack of time, lack of EBM skills and patients’ unawareness about EBM.

From the qualitative study, residents demonstrated good knowledge and support of EBM but practice remained relatively poor. Barriers to EBM were characterized by lack of motivation, time, skills and resources, patient overload and fear of challenging consultants.

Conclusion

There was good understanding and support of EBM among residents at AKUHN, though challenges were experienced in regards to practice of EBM because of lack of time and skills. Therefore resources should be allocated towards integrating EBM into undergraduate medical curricula to cultivate critical thinking skills at an early stage before transition into residency.
UAV cooperative search in dynamic environment based on hybrid-layered APF
Authors: Shao Rui , Tao Rentuo , Liu Youda , Yang Yuhao , Li Dasheng , Chen Jianjun
Published: October 2021

Unmanned aerial vehicle (UAV) detection has the advantages of flexible deployment and no casualties. It has become a force that cannot be ignored in the battlefield. Scientific and efficient mission planning can help improving the survival rate and mission completion rate of the UAV search in dynamic environments. Towards the mission planning problem of UAV collaborative search for multi-types of time-sensitive moving targets, a search algorithm based on hybrid layered artificial potential fields algorithm (HL-APF) was proposed. This method consists of two parts, a distributed artificial field algorithm and a centralized layered algorithm. In the improved artificial potential field (IAPF), this paper utilized a new target attraction field function which was segmented by the search distance to quickly search for dynamic targets. Moreover, in order to solve the problem of repeated search by the UAV in a short time interval, a search repulsion field generated by the UAV search path was proposed. Besides, in order to solve the unknown target search and improve the area coverage, a centralized layered scheduling algorithm controlled by the cloud server (CS) was added. CS divides the mission area into several sub-areas, and allocates UAV according to the priority function based on the search map. The CS activation mechanism can make full use of prior information, and the UAV assignment cool-down mechanism can avoid the repeated assignment of the same UAV. The simulation results show that compared with the hybrid artificial potential field and ant colony optimization and IAPF, HL-APF can significantly improve the number of targets and mission area coverage. Moreover, comparative experiment results of CS mechanism proved the necessity of setting CS activation and cool-down for improving the search performance. Finally, it also verified the robustness of the method under the failure of some UAVs.
Disturbances in the experiences of embodiment related to attachment, mentalization and self-objectification in anorexia nervosa
Authors: Katznelson Hannah , Daniel Sarah I. F. , Poulsen Stig , Lunn Susanne , Buhl-Nielsen Bernadette , Sjögren Jan Magnus
Published: October 2021

Background

Body image disturbance is central to both the understanding and treatment of anorexia nervosa (AN); however, the underlying psychological processes involved are still not well understood. One way towards a better understanding of these mechanisms may be to explore the sense of embodiment in these patients in an attempt at integrating the role of the body in our understanding of the development of self in AN. It is hypothesized that difficulties in affective experiences of embodiment is related to insecure attachment, deficits in mentalization and self-objectification.

Methods

Sixteen inpatients with AN were interviewed with the Mirror Interview (MI). In the interview, the individual is asked a set of questions related to thoughts and feelings about the body while standing in front of a full-length mirror. Furthermore, all patients were assessed with the Adult Attachment Interview, which was coded for both attachment and mentalization (operationalized by the Reflective Functioning scale; RF). Self-objectification was measured with the Objectified Body Consciousness Scale (OBCS).

Results

Results from a multiple regression analysis showed that Global MI scores were significantly associated with Coherence of mind as an indicator of attachment, RF and scores on the OBCS.

Conclusions

The study suggests that affective experiences of embodiment in patients with AN are associated with negative attachment representations, mentalizing impairments and objectified body consciousness.

Plain English Summary

Body image disturbance is a key diagnostic feature in anorexia nervosa but the underlying psychological processes are poorly understood. Recently, there has been a growing interest in how disturbances in the more psychological experience of the body (embodiment) in anorexia nervosa is related to both attachment, how individuals make sense of both themselves and others and the degree to which they tend to experience ourselves from the outside. In this pilot study, this was assessed with an innovative interview, the Mirror Interview, where the individual is asked a set of question while standing in front of a full length mirror. Results showed that difficulties in embodied experiences in patients with anorexia nervosa were related to more fundamental representations of self and self-objectification. This has potential implications for both the understanding and treatment of anorexia nervosa, as disturbances in body image may be seen as an underlying factor in the development of an eating disorder.
Why polls fail to predict elections
Authors: Zhou Zhenkun , Serafino Matteo , Cohan Luciano , Caldarelli Guido , Makse Hernán A.
Published: October 2021

In the past decade we have witnessed the failure of traditional polls in predicting presidential election outcomes across the world. To understand the reasons behind these failures we analyze the raw data of a trusted pollster which failed to predict, along with the rest of the pollsters, the surprising 2019 presidential election in Argentina. Analysis of the raw and re-weighted data from longitudinal surveys performed before and after the elections reveals clear biases related to mis-representation of the population and, most importantly, to social-desirability biases, i.e., the tendency of respondents to hide their intention to vote for controversial candidates. We propose an opinion tracking method based on machine learning models and big-data analytics from social networks that overcomes the limits of traditional polls. This method includes three prediction models based on the loyalty classes of users to candidates, homophily measures and re-weighting scenarios. The model achieves accurate results in the 2019 Argentina elections predicting the overwhelming victory of the candidate Alberto Fernández over the incumbent president Mauricio Macri, while none of the traditional pollsters was able to predict the large gap between them. Beyond predicting political elections, the framework we propose is more general and can be used to discover trends in society, for instance, what people think about economics, education or climate change.
Dynamic assessment of variations in pupil diameter using swept-source anterior segment optical coherence tomography after phakic collamer lens implantation
Authors: Gonzalez-Lopez Felix , Bouza-Miguens Carmen , Tejerina Victor , Druchkiv Vasyl , Mompean Blas , Ortega-Usobiaga Julio , Bilbao-Calabuig Rafael
Published: October 2021

Purpose

To dynamically assess variations in pupil diameter induced by changes in brightness in myopic eyes implanted with an implantable collamer lens (ICL, STAAR Surgical) with a central port.

Methods

This prospective, observational single-center case series study comprised 65 eyes from 65 consecutive patients undergoing ICL implant. A modified commercially available swept-source Fourier-domain anterior segment optical coherence tomography (AS-OCT) device was used for imaging and performing dynamic pupillometry under changing light conditions before and after a mean follow-up interval of four months after surgery.

Results

Preoperative mean pupil size under photopic conditions was 3.38 ± 0.64 mm; after surgery, this increased to 3.48 ± 0.61 mm. Mean pupil size under scotopic light conditions was 5.72 ± 0.79 mm before surgery and 5.84 ± 0.77 mm postoperatively. The differences between preoperative and postoperative pupil diameter in miosis and mydriasis were 0.10 ± 0.44 mm (P = 0.078) and 0.12 ± 0.58 mm (P = 0.098), respectively. The scotopic pupil exceeded the optic zone of the implanted lens in 39 eyes (60%). The mean central vault value was 412 ± 177 μm under maximum miosis and 506 ± 190 μm under maximum mydriasis. We found a positive correlation between vault and differences in pupil diameter under all light conditions (P < 0.05).

Conclusion

Dynamic AS-OCT enables a very precise determination of the pupillary diameter in the iris plane. The changes in the pupil diameter under different light conditions after the implantation of an ICL are related to the postoperative vault.
From a Technology That Replaces Human Perception–Action to One That Expands It: Some Critiques of Current Technology Use in Sport
Authors: Woods Carl T. , Araújo Duarte , Davids Keith , Rudd James
Published: October 2021

Information technology has been integrated into most areas of sport, providing new insights, improving the efficiency of operational processes, and offering unique opportunities for exploration and inquiry. While acknowledging this positive impact, this paper explores whether sufficient consideration has been directed towards what technology risks detracting from the learning and developmental experiences of its users. Specifically, viewed through the philosophical lens of the device paradigm, and considering a more ecological account of technological implementation, we discuss how technology use in sport could subtly disengage educators and applied sports scientists from performance environments. Insights gleaned from such an ecological account of technology implementation could lead sports science and educational teams to ask and reflect on tough questions of current practice: i.e. has too much control been given to technological devices to ‘solve’ problems and communicate knowledge (about) in sport? Has technology improved the skills of players and performance staff? Or are performance staff at risk of becoming over-reliant on technology, and as a result, reducing the value of experiential knowledge (of) and intuition? Questions like these should be asked if technological devices, purported to support aspects of practice, are continually integrated into the sporting landscape.
Transatlantic Abridgment and the Unstable Economics ofRobinson Crusoe
Authors: Gowen Emily
Published: October 2021

This article examines the circulation and reception of cheap nineteenth-century American abridgments of Robinson Crusoe (1719). This essay shows that the American canonization of Daniel Defoe’s narrative was a function of commercial printing and the democratic reading practices it enabled, particularly where poor and working-class readers were concerned. Robinson Crusoe’s circulation among economically marginalized audiences becomes especially important when we consider the frequency with which issues of upward mobility and wealth acquisition are foregrounded in American abridgments and the interpretive instability such invocations evince. The variety of ways in which Robinson Crusoe abridgments engage with or disavow money suggests that Crusoe’s gold was among the most contested symbols in the antebellum literary marketplace.
Subjective Realism: A Possible-Worlds Interpretation of the Anti-Relativist Arguments in Plato’s Theaetetus
Authors: Bornholdt Jon
Published: October 2021

This paper argues for a possible-worlds interpretation of the arguments marshalled by Socrates against Protagoras in Plato’s Theaetetus. Specifically, it reads Protagoras’ position as implying a limited form of modal realism, and evaluates both the self-refutation sequence at 170a–71d and the Future Argument at 177c–9c on the basis of this reading. It emerges that Socrates’ project is only partly successful: while the three main arguments of the self-refutation sequence force Protagoras into ever more awkward and metaphysically top-heavy positions, and the Future Argument is psychologically compelling, these arguments do not force a collapse of the relativist position. Protagoras can still defend himself, though the cost is high.
Single- and Double-Elimination Tournaments under Psychological Momentum
Authors: Chen Bo , Jiang Xiandeng , Wang Zijia
Published: October 2021

This paper studies the effects of “psychological momentum” on strategic behavior in single- and double-elimination tournaments. We show that in presence of both positive and negative momentum a single-elimination tournament elicits a higher total effort than that of a double-elimination tournament if and only if the positive momentum is insignificant and the negative momentum is significant. Regardless of momentum effects, a single-elimination tournament elicits a higher average effort per match than a double-elimination tournament does.
An enhancement in series cascade control for non-minimum phase system
Authors: Yadav Manish
Published: October 2021

This work reveals an Internal Model Control (IMC)-based series cascade control for the non-minimum phase and time delay process. The combination of a higher-order fractional IMC filter and inverse response compensator for designing the outer loop controller illustrates the uniqueness of this work. For the time delay term, a higher-order approximation is considered. The standard IMC-PID structure adopts for the inner loop controller design. While the higher-order fractional filter coupled with inverse response compensator takes for the design of the outer loop controller. The suggested scheme demonstrates enhanced exhibition for setpoint tracking and disturbance rejection. Moreover, the sensitivity analysis is also accomplished to determine the robustness of the closed-loop system under process parameter variations.
Comparison of full-time and distance education of Mathematics at the Slovak University of Agriculture in Nitra
Authors: Pechočiak Tomáš
Published: October 2021

The dangerous coronavirus SARS-CoV-2, which causes COVID-19, has been spreading around the world from the Chinese city of Wuhan for more than 15 months. More than 3.4 million people in the world have already contracted this disease, more than 12,290 in our country. As the virus spreads mainly through physical contact, to protect the health and lives of students and teachers, it was necessary to close universities and transfer teaching to the online space. The Slovak University of Agriculture in Nitra has also switched to the distance form of study since March last year. In this paper, we compare the methods and forms of teaching mathematics in full-time study before and after the appearance of COVID. We compared teaching in the school year 2019/2020, when we taught in-person, and 2020/2021, when the teaching was carried out in a distance form. In both cases, we took into account the study at the Faculty of Economics and Management in the subject Mathematics IA, which is taught in the winter semester of the given school year. In this paper, we evaluated the partial score results those students achieved during the semester and their results of final exams. Both years differed in the number of partial semester works. We used the methods of mathematical descriptive statistics for this evaluation. We created databases in Excel, from which we calculated the average point evaluation of individual components and the total number of points. We also calculated the correlation coefficients between the individual parts of this course, for which students could get points. In this way we recorded the data obtained in tables and graphs. We tested hypothesis that students of full-time study would achieve better results than distance-learning students. After comparing the obtained results, we found that this hypothesis was not approved.
Floristic influence of Amazonian Lowland Dense Rain Forest on the pioneer vegetation with marine influence, Restinga of Pará state, Brazil
Authors: Amaral Dário Dantas do , Carvalho Wendell Vilhena de , Costa Neto Salustiano Vilar , Santos João Ubiratan Moreira dos , Bastos Maria de Nazaré do Carmo , Amaral Lia Tôrres do , Gurgel Ely Simone Cajueiro
Published: October 2021

Abstract The coastal region of the municipalities of Curuçá and Maracanã, on the northeastern coast of Pará, shelters a valuable biological heritage, the last two remnants of Dense Rain Forest on the shores of the Atlantic Ocean. On the Ipomonga Island (Curuçá) and at the Marieta Beach (Maracanã), the Lowland Dense Rain Forest is notable for its abrupt contact with the pioneer formation with marine influence, called as Restinga. This geomorphological interface favors floristic connectivity between different ecosystems. The research objective was to evaluate, through vegetation inventories, whether these forests remnants, about Lowland Dense Rain Forest, are sources of dispersal of woody species in Restinga. A total of 189 species were recorded in 50 botanical families with the greatest richness corresponds to the dense forest (67 species). Of this flora, 46 species (24%) were common to both vegetation typologies, with 18 species considered new occurrences in Restinga of the Amazonian coastal plains. The floristic affinities founded support the effect of Lowland Dense Rain Forest acting as the source for propagule dispersion over the pioneer formation with marine influence (Restinga), mostly dispersed by animals (zoocory).
CUTTING THE CANE: A COMPARATIVE ANALYSIS OF THE STRUGGLE TO BANISH CORPORAL PUNISHMENT FROM SCHOOLS IN BRITAIN AND SOUTH AFRICA (PART 1)
Authors: Angela Diane Crocker  , Stephen Peté
Published: October 2021

For centuries corporal punishment was used as a method for disciplining school children in Britain. Britain was one of the last countries in the European Union to abolish this form of punishment in its schools, and did so only after a long and bitter struggle waged in parliament, on the streets, and in various courts of law. This article traces the manner in which this practice became deeply entrenched in the British way of life, as well as the long battle to dislodge it. The focus then shifts to the evolution and eventual demise of this form of punishment in South African schools. During the long years of British rule in South Africa, British attitudes towards the corporal punishment of school children profoundly influenced those responsible for education in this African country. However, the attachment of South African educational authorities, educators, and parents to corporal punishment cannot be explained simply by reference to the influence of British educational values, and the article seeks to take account of the general history of corporal punishment in the African context. This history is entwined with the history of colonialism on the continent, and the article explores the unique social meanings attached to this form of punishment in the African context, as well as its historical importance as a means of social control. The article is divided into two parts. In part one of the article, the evolution and eventual demise of corporal punishment in British schools is traced, followed by a brief general overview of corporal punishment in the African context, as well as a short discussion of the use and eventual abolition of this form of punishment in South African schools. In part two of the article, the continued use of corporal punishment in South African schools, even after this form of punishment was legally abolished following the end of apartheid, is examined in detail.
COVENANTS IN RESTRAINT OF TRADE: A SYNTHESIS OF TRADITIONAL, COMMON LAW AND CONSTITUTIONAL APPROACHES
Authors: C-J Pretorius
Published: October 2021

It seems as if cases dealing with covenants in restraint of trade will forever proliferate in the law reports. The reason for this phenomenon is simply that restraint clauses are by their very nature rather onerous contractual provisions in that they entail the curtailment of commercial activity and thus potentially hold grave consequences for the covenanter. Often the enforcement by the covenantee of such a contract is contested by the covenanter. When the enforcement of a restraint is sought two contractual values come into play: the principle of sanctity of contract (pacta sunt servanda) which holds the maintenance of agreements freely entered into, including limitations of future economic activity, as paramount, and the principle of freedom of trade which stresses the right of an individual to engage without restriction in economic activity. Although inter-related, there is an uneasy tension between these principles linked to the question of which of the two should be afforded preference in the circumstances. Other factors have further caused the South African law on restraint to be somewhat tumultuous, having been applied in terms of English and later Roman-Dutch law, and potentially influenced by the interim and final constitutions. Some recent provincial case law stresses the constitutional aspect of restraints while other decisions display a preference for the common law approach. The crisp question which this note seeks to address in light of the various forces which have been brought to bear on this area of the law of contract is whether at this stage a uniform resolution to the issue is apparent.
EAR PRINT EVIDENCE R v Kempster (No 2) [2008] 2 Cr. App. R. 19 (CA)
Authors: Shannon Hoctor
Published: October 2021

The battle between criminal methods and criminalistic science is ongoing. As criminals become more knowledgeable about forensic techniques (with the aid of dissemination of such techniques in the media), it is becoming more difficult to find fingerprints at crime scenes. In this context the use of ear print evidence, typically as a result of an intruder pressing his ear against a window, in order to hear tell-tale sounds of someone’s presence within the dwelling, has come to the fore. It has been estimated that ear prints are reported to be found at up to 15% of crime scenes. Although the idea of using ear prints as a means of identification is not novel, ear print identification has not featured previously in the courts of a number of jurisdictions, including the United Kingdom and South Africa. Acceptance of the validity of a new form of evidence is, however, invariably a controversial matter. Ear print evidence has proved to be a particularly thorny issue, as it has been accepted in jurisdictions such as Holland (where by 2006 there had been more than 200 instances of forensic ear print identification), Spain (where the first conviction based on occurred in 2001, and where, by 2006, 20 identifications had been made) and Switzerland (where the first ear print identification of a criminal was made in 1965), but rejected in the United States. In the case under discussion the question of the probative value of ear print evidence arose for consideration. The context for this case in the English law was provided by the case of R v Dallagher [2003] 1 Cr. App. R. 12 (CA), where a murder conviction founded upon an identification obtained by means of ear print evidence was overturned on appeal. The court of Appeal held, in the light of evidence from expert witnesses expressing doubt as to the reliability of ear print identification obtained subsequent to the trial, that the trial jury may have decided otherwise had this evidence been before it. The court therefore concluded that the conviction was unsafe, and ordered a retrial. In the course of the new investigation, however, it was discovered that the DNA profile obtained from an ear print found on a window at the crime scene, which had been unequivocally linked to the accused, did not in fact match that of the accused. After setting out the relevant facts pertaining to the case at hand, this note will proceed to discuss the nature of ear print evidence. The latter part of the discussion will briefly examine the nature of the rules relating to expert evidence in certain jurisdictions, in order to place the admissibility of this particular form of evidence in context.
COLD COMFORT FOR PARTIES TO A MUSLIM MARRIAGE Hassan v Jacobs NO [2008] 4 All SA 350 (C)
Authors: Razaana Denson  , Glynis van der Walt
Published: October 2021

In Hassan v Jacobs NO ([2008] 4 All SA 350 (C)) the High Court of South Africa (Cape of Good Hope Provincial Division) was faced with the question of whether the applicant, a spouse to a de facto polygamous Muslim marriage, was entitled to the benefits as provided to a surviving spouse in terms of Intestate Succession Act (81 of 1987 (hereinafter “the ISA”)) as well as the Maintenance of Surviving Spouses Act (27 of 1990 (hereinafter “the MSSA”)). In other words, the court had to decide whether the decision in the case Daniels v Campbell NO (2004 5 SA 331 (CC), where it was held that the word “spouse” as utilised in the ISA and MSSA should be interpreted toinclude a husband and wife married in terms of Islamic rites in a de facto monogamous marriage, could be extended to parties in a de facto polygamous Muslim marriage.
PROACTIVE JURISPRUDENCE – A TRIUMPH FOR CO-OPERATIVE GOVERNMENT AND AN EXERCISE IN PARTNERSHIP BETWEEN EDUCATIONAL ROLE PLAYERS MEC for Education v Governing Body of the Rivonia Primary School 2013 (12) BCLR 1365 (CC)
Authors: GE Devenish
Published: October 2021

This significant judgment of the Constitutional Court concerned “a little black girl whose dream was to obtain education at the school closest to her home”. After a protracted and acrimonious four-year admission saga and indeed a poignant and human drama, relating to the admission of a learner, which involved judgments in both the High Court and Supreme Court of Appeal (SCA), on 3 October 2013, the Constitutional Court (CC) decided in favour of the Member of the Executive Council (MEC) in the Province of Gauteng, instructing the principal of the Rivonia Primary School to admit a learner in excess of the limit in the school’s admission policy. Although this case deals, inter alia, with the Minister who has the ultimate authority to decide the capacity of public schools, it also just as importantly, addresses the vexed issue of how a conflict between the School Governing Body (SGB) and Gauteng Provincial Education Department should have been addressed and ultimately resolved, and in so doing creating a beneficial precedent. It was necessary to determine who has the final say: the SGB, the officials in the Provincial Education Department, or indeed a combination of the two. The judgment of South Africa’s highest Court must be understood in the light of the right to basic education encapsulated in section 29 of the Constitution. As Mhlantla AJ, explains this involves a solemn “promise”, the realisation of which in a society where there are vast economic inequalities and a maldistribution of scarce resources is severely fraught with problems. This state of affairs cannot be denied and must be faced up to such as the Constitutional Court commented in Head of Department, Mpumalanga Department of Education v Hoërskool Ermelo (2010 (2) SA 415 (CC)). As a result of such inequality and disadvantage, inordinate tensions and expectations have been generated in relation to education. What is required in adjudication of such issues is the wisdom of Solomon. In this regard, Mhlantla AJ, comments, the “Constitution provides us with a reference point – the best interest of our children”. This is clearly enunciated in section 28(2) of the Constitution, which states that “[a] child’s best interests are of paramount importance in every matter concerning the child”. As will be explained below, it is submitted that this judgment is a singular victory for the letter and spirit of co-operative government and community partnership, which is so fundamental to the success of our system of democratic governance.
RECONSIDERING THE LEGAL POSITION OF VICTIMS OF VIOLENT CRIME: DN V MEC FOR HEALTH 2014 (3) SA 49 (FB); MEC FOR HEALTH V DN 2015 (1) SA 182 (SCA)
Authors: Bernard Wessels
Published: October 2021

In Parts 1–4 of this article, the facts, legal question and judgments delivered in DN v MEC for Health 2014 (3) SA 49 (FB) and MEC for Health v DN 2015 (1) SA 182 (SCA) is briefly described. Part 5 of this article provides a critical evaluation of some of the aspects of the judgment by the Supreme Court of Appeal, and focuses on the role which the court assigns to motive and risk in establishing whether the injury sustained by the plaintiff was an “accident” arising “out of and in the course and scope of employment”. Furthermore, a brief comparative overview is provided of the legal position of victims of violent crime in New Zealand (as an example of a jurisdiction that offers compensation to crime victims by means of a general social-security system) and England (as an example of a jurisdiction that offers compensatory relief via a tailor-made no-fault based-compensation scheme for crime victims).
THE MEANING OF THE TERM “STABULARIUS” IN SOUTH AFRICAN LAW
Authors: Pieter Carnelley  , Shannon Hoctor
Published: October 2021

What does “stabularius” mean? In Swart v Shaw t/a Shaw Racing Stables (1996 (1) SA 202 (C)), the court had to determine the meaning of the term “stabularius” and how this term, originally found in Roman law as set out in the Praetorian Edict (D 4 9 0), is to be applied in South African law. The Edict states that there is an undertaking by “sea-carrier, inn-keeper and a stable-keeper that their customers’ goods would be safe while on their ship or their premises”. The implementation of this principle was further elaborated upon in Roman-Dutch law, which increased the ambit of the defence against the Edict as compared to that which was applied previously. However, the Edict itself was still dogmatically applied. The court in Swart v Shaw challenged the prevailing interpretation of “stabularius” as “stable-keeper”, holding that it should not be interpreted as such but that it should rather mean an “ignoble inn-keeper”. Using Swart v Shaw as a basis for the discussion, this note will firstly assess whether this interpretation is correct and, secondly, it will determine what consequences will flow from such interpretation. The question is then posed whether it is fair to apply the Edict to certain situations but not to others. This ultimately determines whether, and to what extent, the Edict is still relevant in South Africa.
REMITTING OF A CASE TO THE TRIAL COURT AND THE DUTY TO TAKE STEPS TO OBTAIN EVIDENCE TO DETERMINE THE EXISTENCE OF SUBSTANTIAL AND COMPELLING CIRCUMSTANCES Calvin v The State (962/2013) [2014] ZASCA 145 (26 September 2014)
Authors: Boyane Tshehla
Published: October 2021

It has been a while since the minimum-sentencing legislation introduced a new approach to sentencing in the South African courts. After the initial resistance and considerable diversity in the different courts’ approach to the legislation, it can now be said that the courts have given adequate clarity to the sentencing regime and how it should be approached. In S v Malgas (2001 (2) SA 1222 (SCA)), the court outlined the principles and the procedure that are appropriate in dealing with this sentencing regime. In S v Dodo (2001 (3) SA 382 (CC)), the Constitutional Court solidified the approach adopted in Malgas and, since then, there appears to be clarity regarding the sentencing approach. In sum, the courts are obliged to impose the specified minimum sentences unless there are substantial and compelling circumstances. In the absence of such substantial and compelling circumstances, the court has no option but to impose the prescribed minimum sentence. Schoeman AJA, in Calvin v The State ((962/2013) [2014] ZASCA 145) − the focus of this case note − aptly summarised the approach as follows: “The minimum sentence has been set as a benchmark prescribing the sentence to be ordinarily imposed for specific crimes and should not be departed from for superficial reasons” (par 8).However, there are still situations in which the courts impose minimum sentences without adequately inquiring into the existence or otherwise of substantial and compelling circumstances. Such was the case in Calvin v The State, where the appeal court found that the trial court had misdirected itself in not taking steps to obtain evidence which would enable it to make a proper assessment as to whether substantial and compelling circumstances existed. This note deals with the importance and necessity of such proper assessment for sentencing purposes and highlights that, despite the provision in section 274(1) of the Criminal Procedure Act (51 of 1977) bestowing discretion on the trial court, the Supreme Court of Appeal has proclaimed such assessment as a duty, as will be argued later herein.Further, it is argued that the interests of justice would have been better served if the case had been referred to the trial court for a proper sentencing process to take place. What is questioned, in a nutshell, is the decision by the appeal court to assume the role of the sentencing court in the circumstances of this case.
CLASSIFYING OBJECTS IN SPACE ACCORDING TO SOUTH AFRICAN PROPERTY LAW
Authors: W Erlank
Published: October 2021

Traditionally, objects were classified according to their relation to man or according to their own nature. The classical division according to their relation to man relates to the question of whether something is susceptible to private ownership or not. This aspect is of cardinal importance when it comes to objects in space. This results in the need for a further distinction between things that are classified as being in commerce (res in commercium) and things that are outside of commerce (res extra commercium). After a thorough investigation it is determined that heavenly bodies, such as the Moon, as well as smaller bodies, such as asteroids, can be classified as objects of property law falling within commerce – if the required characteristics are present, and taking into consideration that the current prohibition on appropriation of heavenly bodies will either be discarded in future, or at the very least be interpreted in such a way as to allow for appropriation in certain instances. These characteristics are corporeality, external to persons, independence, appropriability/susceptibility to human control and use and value. Therefore it can be surmised that in terms of property law, it is possible to acquire ownership of heavenly bodies and other objects in space, and that these objects can be classified in terms of South African property law. However, the following (from the conclusions) flows more satisfactorily for the author – one makes the choice: By turning to the foundational aspects of property law as found in South African property law, large celestial bodies, such as the Moon, as well as smaller bodies, such as asteroids, can be classified as objects of property law falling within commerce – if the required characteristics (corporeality, external to persons, independence, appropriability/susceptibility to human control, use and value) are present. When these are present, it would follow that it would be possible to acquire a heavenly body, object in space, or part thereof by means of occupation of a res nullius. Even in cases where certain categories of things have been designated as being unappropriable, or outside of commerce (res extra commercium) due to historical reasons, the possibility exists that by exerting effective control over the object, it can be reclassified as being appropriable and hence inside of commerce (res in commercio). In addition to this classification of celestial bodies as falling insideof commerce and having the characteristics of objects, the discussion of their division according to their nature, being corporeal or incorporeal, movable or immovable, divisible and indivisible, consumable and non-consumable, fungible and non-fungible, and singular and composite, has revealed that even in terms of this classification, heavenly bodies could in fact fall squarely within the confines of property law, and can therefore be regarded as objects of property law even in cases where they do not fall into the narrow classification of “things”.
THE POSSIBILITY OF THE RIGHT TO RELIGION EMERGING AS A JUS COGENS NORM (PART 1)
Authors: David Abrahams  , Tayla Dye
Published: October 2021

This article has been divided into two parts, owing to its nature and scope. The aim of the work is to explore the possibility of the right to religion emerging as a jus cogens norm. In Part One, the concept of jus cogens and its role in the international community, together with the nature of the right to religion, will be discussed. It is on this foundation that the reader will be able to understand why enforcement is such an issue when considering countries such as the Democratic People’s Republic of Korea, which serves as a case study and is discussed in detail in Part Two. Gross violations against the right to freedom of religion still exist despite the prevalence of international instruments protecting such rights. Something more needs to be done to hold human rights transgressors to account.
UNFETTERED, BUT NOT UNBRIDLED: THE FIDUCIARY DUTY OF THE TRUSTEE Wiid v Wiid NCHC (unreported) 13-01-2012 Case no 1571/2006
Authors: Eben Nel
Published: October 2021

The fiduciary duty and accompanying discretionary power of the trustee in South African trust law is considered, with particular reference to its application in Wiid v Wiid. The contents and exercise of trustees’ discretion in light of the fiduciary duty are examined and applied to the particular judgment. The conventional attribution by trust deeds of an unfettered trustee discretion is proved to be subject both to the limitations inherent to the fiduciary duty and the unique nature of the trust figure. It is submitted that, notwithstanding some equivocal statements by the court, valuable lessons for trustees can be taken from the matter in casu.
Considerações sobre o tratamento da água e esgoto na cidade contemporânea
Authors: Silva Leonardo Cruz Mendes da , Lopes Gustavo Fávaro , Benini Sandra Medina
Published: October 2021

Este artigo tem por objetivo apresentar algumas considerações sobre o tratamento da água e esgoto no espaço urbano. Para o desenvolvimento deste texto, considerou-se que água é um recurso natural finito e renovável, bem como que o ciclo hidrológico é um sistema fechado, mas que sofre constantes influências das intervenções antrópicas. Por esta razão, a universalidade dos serviços de saneamento básico deve ser tratada como direito humano fundamental, considerando que é uma externalidade positiva que incide diretamente na saúde pública, tornando-se assim requisito essencial para a manutenção da dignidade da pessoa humana. A pesquisa foi desenvolvida através de um método qualitativo de investigação, onde os procedimentos adotados tiveram uma base lógica que consistiu na investigação dividida em três fases: aberta ou exploratória, coleta de dados e análise e interpretação sistemática dos dados. Como resultado, verificou-se a necessidade de implementação de políticas públicas para tratamento da água, sendo que este não deve se restringir apenas ao consumo, mas também aos tratamentos dos efluentes produzidos nas casas e pelas indústrias, e sua destinação final adequada. Recomenda-se que o serviço público de saneamento básico, deve ser oferecido de modo universal e eficaz, observando o direito de todos ao uso da água potável e ao esgotamento sanitário.
Panorama do descarte irregular de resíduos sólidos e a relação com a poluição de ambientes marinhos
Authors: Fonseca Cristiane da Silva , Nascimento Ana Paula Branco do
Published: October 2021

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EVALUATION OF SLEEP QUALITY, EMOTIONAL APPETITE STATUS AND FOOD CONSUMPTION OF INDIVIDUALS DURING THE PANDEMIC PROCESS
Authors: ERZURUM ALİM Nural , TÜRK FİDAN Öykü Peren , BARLAS Şuğra Nur , BAŞPINAR Esin , BİÇER Gizem , CENGİZ Nacize , ERTOY Elif Hümeyra
Published: October 2021

This study was conducted to evaluate the relationship between emotional appetite status and food consumption and sleep quality during the Covid-19 pandemic process. It was carried out electronically between December 2020 - February 2021. 860 people participating in the study constituted the sample of the study. The demographic characteristics, general health status, nutritional habits and anthropometric measurements of the individuals were recorded with the personal information form. Emotional Appetite Questionnaire (SIS), Food Frequency Questionnaire and Pittsburgh Sleep Quality Index (PUKI) were used as data collection tools. 65.8% of the individuals participating in the study were female and 34.2% were male. The mean age of women is 30.6±10.08 years, while that of men is 27.1±8.65 years. A negative and statistically significant correlation was found between individuals' positive total score of DIA and Body Mass Index (BMI) (kg/m2) values (r=-0.158; p<0.001). The relationship between individuals' negative DIA total score and BMI (kg/m2) values is positive and statistically significant. (r=0.458; p<0.001). As a result, it is thought that individuals' food intake and emotional appetite are related. It has been observed that the Covid-19 pandemic can cause significant changes in the sleep quality, eating habits and appetite of individuals.
ANTI-HYPERLIPIDEMIC AND WEIGHT REDUCTION EFFECT OF DIFFERENT DOSES OF FERULAGO ABBREVIATA C.C. (TOWNS (APIACEAE)) IN MALE ALBINO RATS
Authors: Mohammed Mohammed , Ahmed Firduas , Othman Hemn , Ahmad Saman
Published: October 2021

Background 

A large number of studies on the active compound of herbal medicine proved that plant extract is very effective and safe in patients especially in hyperlipidemia, regarding the International Lipid Expert Panel (ILEP), pharmaceutical compounds containing herbal monomers and derivatives are very effective and safe in the treatment of hyperlipidemia and reducing body weight, for example, onion, garlic, flaxseed oil, celery and Ferulago angulate (Schltdl.) Boiss Ferulago abbreviata C.C. Towns. (Apiaceae; Kurdish: Chnor) are another species of the family of Apiaceae used in this study to investigate their effect on the serum lipid profile and body weight.

Objectives 

Evaluation and comparing effect of different doses of Ferulago Abbreviata as anti-hyperlipidemia, and weight reduction.

Materials and Methods

We divided fifteen male albino rats into 3 equal groups(n=5) as follows: (group HFD, FA500, and FA700), collected blood from them and weighted each of them as a baseline, then after six weeks fed a high-fat diet (HFD) to all the groups collected blood and weighted again, and started different regimens of treatment until week ten as follows: HFD group: received a fat-rich diet only; FA500 group: received a fat-rich diet, plus extracts of Ferulago abbreviata at a dose of 500mg/kg; FA700 group: received a fat-rich diet, plus extracts of Ferulago abbreviata at a dose of 700mg/kg. At the end of the study, we collected the blood for investigation of the level of lipid profile and weighted them.

Results

By added extract of Ferulago abbreviate to hyperlipidemic rats the level of cholesterol, TG, LDL, VLD, Atherogenic index and body weight were significantly reduced and HDL level elevated, this finding was significant, also the high dose of the plant considerably very effective in lowering the lipid profile but in reducing the weight of the rats has the same result of a lower dose. 

Conclusion

Using hydro-alcoholic extracts of Ferulago abbreviata can decrease the lipid profile and weight very significantly.
Morphological description of the Persian brain
Authors: Weinberg R.
Published: October 2021

As is known, the shape and general development of the brain convolutions in humans depend on many different conditions. Their structure is more or less closely related not only with age, sex and with a number of ordinary individual characteristics of the organism, but to a certain extent also serves as an external expression of the innate characteristics of psychism and special properties of the intellect acquired through education and exercise, and finally, how becomes probable in modern times, the breeding and national conditions of the individual.
About secondary degenerations with compression of the spinal cord in the lower cervical and upper thoracic regions
Authors: Zhukovsky М. N.
Published: October 2021

Cases of compression of the spinal cord and its complete transection provide quite valuable material for studying the course of the conducting spinal tracts, which are reborn in the ascending and descending directions from the site of injury.
Paul lulius Möbius. Ueber das pathologische bei Nietzsche. Wiesbaden. 1902
Authors: Aykhenvald L. I.
Published: October 2021

Nietzsche was so unhappy in his personal life that one can approach his philosophical works with an unusual criterion of psychiatry. We also remember Auguste Comte, who in the second period of his philosophical activity also attracted the attention of psychiatrists.
Р. Näcke. Die Unterbringung geisteskranker Verbrecher. Hallea S. 1902
Authors: Aykhenvald L. I.
Published: October 2021

The author comprehensively examines the question of the care of mentally ill criminals. Currently, it is not a secret for anyone that there are mentally ill people among the prisoners.
Report on the activities of the Society of Neuropathologists and Psychiatrists at the Imperial Kazan University for 1902
Authors: Obraztsov V. N.
Published: October 2021

It has been my lot to present to your attention a report on the activities of the Society for the eleventh year of its existence. In the reporting year 1902, the Society had 7 scientific meetings 1 annual and 6 regular in which 14 reports were made and announced.
GLOBAL ATTRACTORS FOR A CLASS OF SEMILINEAR PARABOLIC EQUATIONS INVOLVING GRUSHIN OPERATOR AND NOLINEARITIES OF ARBITRARY ORDER
Authors: Ho Thi Hang , Bui Thi Hue , Le Thi Thuy
Published: October 2021

We study the existence and uniqueness of weak solutions and the existence of global attractors to a class of semilinear parabolic equations involving the Grushin operator and nonlinearities of arbitrary order. The main novelty of our result is that no restriction on the upper growth of the nonlinearities is imposed