bluuebunny/crossref_metadata_2025_split huggingface dataset:
The “Lillee Tic”: A Common but Unnoted Stereotypic Motor Disorder
Authors: Hudson Alan 
Published: July 2016

For some years the author has casually observed the existence of a stereotypic motor disorder which does not appear to have been mentioned in the literature on tic disorders (e.g. Azrin & Nunn, 1973; Hersen & Eisler, 1973; Lanyon & Goldsworthy, 1982). The tic usually occurs when the person is walking along the street, although it can occur inside buildings, but only during walking. The tic begins with a sort of jump which results in one foot being thrust forward. Thereafter follows a flourish of arm waving which includes one arm being extended and swung through a 360° arc. The extended arm is usually the right arm, although occasionally it might be the left. Any particular ticquer, however, will exclusively use only either the right or the left arm.It is interesting to note that the tic occurs only in males. The age of onset is usually about six years. A possible reason for the tic not being referred to in the literature is that spontaneous remission typically occurs at about 12 years. Another interesting feature of the tic is that it is only manifested during the summer months, becoming dormant during the winter period.
Introduction to Mini-Series on Schizophrenia
Authors: Jackson Henry J. , Singh Nirbhay N. 
Published: July 2016

It is fitting that the first mini-series issue of Behaviour Change should be devoted to an exposition of current cognitive-behavioural treatments for various aspects of schizophrenia. The disorder has a surprisingly high incidence in the population. Approximately 1 in 100 people will develop schizophrenia during the course of their life-time (Cancro, 1980). Arieti (1981) observes that more hospital beds are occupied by individuals suffering from schizophrenia than from any other psychiatric or medical problem, including cancer or cardiovascular disease.The introduction of the phenothiazines in the 1950s resulted in dramatic increases in hospital discharges for schizophrenic patients but did little to change the “revolving-door” phenomenon. This chronic relapsing population is characterized as “the patient's having been admitted to an inpatient mental health facility several times and/or having been hospitalized for a period of at least a year on a single admission,” as well as possessing “a number of deficits in adaptive behavior” (Matson, 1980, p. 169). Indeed, whilst the schizophrenic individual's most florid symptoms e.g. delusions, hallucinations and thought disorder, may be well controlled on even minimal dosages of the neuroleptics (generally leading to that person's discharge from hospital), other social and self-care deficits may remain prominent reminders of the patient's difficulties in everyday living.The chronic schizophrenic patient's deficits are characterized by an ambivalent relationship with the outside world. On the one hand he displays a lack of willingness or ability to interact appropriately with other people, and on the other hand, he depends on significant others such as a parent, other relative, or even a health professional. Despite this, he has a poor social network. He has reduced expectations of himself, is unable to effectively problem-solve, and his lifestyle reflects a desire to have an uneventful existence, free from harrassment. He becomes alienated from society, and may be unable to seek and gain employment, live independently, or manage routine responsibilities, e.g. financial budgeting.
Cognitive Processes and Sports Performance
Authors: McLean Neil J. 
Published: July 2016

In focussing on the relationship between cognition and sports performance, sports psychology is following a trend evident in other areas in psychology. Sports psychology research has borrowed conceptually and methodologically from cognitive-behavioural researchers within clinical psychology. This article reviews five areas of research: imagery; self talk; self efficacy; attentional focus and concentration; and decision making. Of these topics, imagery has attracted the most research interest, and strategies of mental rehearsal are frequently used by athletes.Attempts to apply the theories of self talk and self efficacy to sports performance appear promising. The self efficacy research has demonstrated that expectations of success influence performance. As yet, little attention has been paid to the second part of Bandura's theory: the effect of outcome expectations on performance.The sporting environment is often complex with the athlete frequently required to make numerous decisions. Decision making has been studied in a range of settings (e.g., medical decision making, jury decisions etc.) but has been largely ignored by sports psychologists. Issues relating to the decision making of the athlete are discussed.
The Law of Construction Privileges: Corrective Justice or Distributive Justice?
Authors: Bordan Gregory 
Published: July 2016

This paper explores how an adequate understanding of legal relations can be aided by, and sometimes requires, returning to the foundations of our conception of legal relations.The process of conceptualization is a process of revealing the form in legal relations. The two most fundamental forms of legal relations, first enunciated by Aristotle, are corrective justice and distributive justice. The thesis of this paper is that an analysis of legal relations can be coherent only if it is faithful to the form of justice appropriate to the particular legal relation under study.
The Epistemology of Judging: Wittgenstein and Deliberative Practices
Authors: Morawetz Thomas 
Published: July 2016

Wittgenstein seeks to inoculate us against the lure of metaphors. The conundrums of philosophy are, he implies, often the misbegotten offspring of abused metaphors. How many rooms are needed to house the “furniture of our mind”? With what key do others gain access to my “private” thoughts and feelings?Jurisprudence has its own syllabus of philosophical puzzles. One of the hardiest is the issue of judicial license and judicial standards. This issue has special fascination for American legal theorists because of the pivotal role played by the Supreme Court in exercising the power of judicial review by interpreting the Constitution. American theorists have taken for granted, and other theorists have seemed to acquiesce in this assumption, that to understand the nature of law is to understand how appellate judges find and/or make law.
Langue et discrimination au Canada
Authors: Varennes Fernand de 
Published: July 2016

[L]anguage is not merely a means of interpersonal communication and influence. It is not merely a carrier of content, whether latent or manifest. Language itself is content, a reference to loyalties and animosities, an indicator of social statuses and personal relationships, a marker of situations and topics as well as of the societal goals and the large-scale value-laden arenas of interaction that typify every speech community.L’importance des droits en matière linguistique est fondée sur le rôle essentiel que joue la langue dans l’existence, le développement et la dignité de l’être humain. C’est par la langue que nous pouvons former des concepts, structurer et ordonner le monde autour de nous. Le langage constitue le pont entre l’isolement et la collectivité, qui permet aux êtres humains de délimiter les droits et obligations qu’ils ont les uns envers les autres, et ainsi vivre en société.
Positively Fabulous: Why It Is Good To Be a Legal Positivist
Authors: Allan James 
Published: July 2016

‘Legal Positivism’ is a much abused term. It is often pejoratively invoked by those occupying both the natural law and critical legal studies ramparts. The former see it as a school of thought which ignores the role in law of those standards and values which have not been deliberately laid down or unintentionally evolved. Positivism, for them, fails because it is prepared to describe a legal world where moral values play no necessary part and where transcendent values may not exist at all. The latter group of critics, not too dissimilarly, see legal positivism’s doctrines as over-reliant on rules and too inclined to accept that a legal system somehow can generate a logically mandated code of answers.In order to defend positivism it is advisable to start with an enunciation of its core precepts. With all that has been written attacking and supporting positivism though, this can be a contentious matter. So instead I shall defend one particular version of positivism, that of H.L.A. Hart. As Hart’s The Concept of Law, first published in 1961, is at worst one of the handful of great legal philosophy texts written in English this century and at best “the classic work of philosophical jurisprudence”, this preference for concentrating on the tangible and identifiable precepts of Hart over the woolly, elusive and frequently caricatured precepts of something disparagingly termed positivism has much to recommend it.
The Pragmatics of Promise
Authors: Conison Jay 
Published: July 2016

The concept of promise stirs many to write. Among ethical theorists, a cottage industry flourishes, devoted to answering Hume’s skeptical questions: What are promises? and Why are they binding? Among jurists and legal philosophers, the leading questions have been: When should promises be enforced? and What is the relationship between promissory and other forms of obligation? Among linguists and philosophers of language, the focus is different still. These scholars ask: What is the logical structure of the speech act of promising? and To what extent is promising a universal linguistic phenomenon?This widespread interest in promises and promising is driven by several factors. One is a belief that the moral and political stakes are high. Promising is not only a common way by which we come to have obligations. It is the simplest, most direct, and most individualistic way in which we voluntarily come to have obligations. If one wishes to account for social, political or moral obligation in a way that maximizes the scope of individual liberty, one likely will focus on promissory obligation and its potential to serve as basis for more complex—even non-voluntary—types of obligation.Another factor contributing to the interest in promising is the emergence of speech act theory as a framework for philosophical, linguistic, and to some extent jurisprudential, analysis. Speech act theory treats language as a system of verbal acts that effect changes in the world. A person cannot utter “Let there be light,” and bring it about that there is light. But he might be able to utter “I hereby declare you husband and wife” and bring it about that Jones and Smith are married to each other. This perspective on language quickly leads to an interest in promising, since promising appears to be one of the most straightforward ways of altering the world through words. What seems simpler than changing one’s relationship by uttering “I promise to ϕ”?
Parents’ Rights and Children’s Interests
Authors: Jordan Michael David 
Published: July 2016

When is a liberal democratic state justified in enforcing an educational policy on its citizenry? This question is especially relevant in contexts where religious minorities wish to receive exemptions from mandatory educational policies. Parents in such groups argue that these educational demands threaten the traditional ways of life of their communities, infringing on their parental right to raise their children as they see fit. Parents may also claim that their free exercise rights, as granted by the First Amendment, are violated by an educational policy that requires them to breach a religious command specifying a certain type of religious upbringing for their children. The customary way that both the courts and commentators have addressed this issue is to represent it as a conflict among four divergent interests: 1) The child’s interest both in an adequate education and in the maintenance of a stable family and cultural community; 2) the parents’ interest in controlling the upbringing of their children and in protecting their right to the free exercise of religion; 3) the community’s interest in preserving its identity; 4) and, the State’s interest, on the one hand, in educating its children in order to maintain an informed citizenry capable of participating in the economic and political spheres, and on the other hand, in the maintenance of diversity.While each of these interests appears significant and relevant to the enforcement of an educational policy, I will challenge the traditional way of addressing this problem as a balancing of these interests. Instead, I argue that the interests of children should be given primacy, and only after these interests have been addressed can the interests of others be given weight in determining and enforcing an educational policy.
On the Possibility of a Criminal Law Defence for Conscientious Objection
Authors: Kugler Itzhak 
Published: July 2016

In this paper, I will discuss the question of the response of the law to the social phenomenon of violation of the law from moral motives. This phenomenon is characterised by the fact that the motivation behind the violation of the law is the desire of the actor to act according to his moral beliefs. In the case of “normal” criminality, on the other hand, a person violates the law for non-moral reasons, e.g., to obtain an advantage, to release anger, etc. Within the category of morally-motivated violation, too, there are different types of breach. First, a distinction exists between “revolutionary disobedience” and other acts. “Revolutionary disobedience” might also be motivated by moral considerations, but it is differentiated in that it involves violations of the law which are intended to bring about a change in the existing regime. As opposed to this, there are violations of the law which are motivated by moral considerations, but which are perpetrated by people who are interested in the continuation of the existing regime and social structure in its entirety. I shall not deal with “revolutionary disobedience” in this paper.Secondly, even within the group of violations from moral motives which do not constitute “revolutionary disobedience”, the present practice is to identify two types of breach: civil disobedience and conscientious objection. The main thrust of the distinction is this: in essence, civil disobedience is a political act, an appeal to the public, and its aim is to bring about a change in the law or in policy which seem to the violator to be wrong or immoral. Conscientious objection is a personal act. The violator feels that should he submit to the law, in the circumstances, he will be committing a moral wrong. The objector’s act is not motivated by a desire to influence the whole polity, but rather, by a desire to stay clean, and not to perpetrate, with his own hands, a moral wrong. In effect this is an act of the individual defending himself against coercive pressures to perform what he regards as a moral wrong.
Minorities In International Law
Authors: Simon Thomas W. 
Published: July 2016

The ideology of ethno-nationalism creates a new world disorder. States and international organizations must find a way to deal with group conflicts to prevent ethno-nationalism from transmogrifying into ethnic cleansing and genocide. Minorities need protection against harm. The problem of minorities dominates many political conflicts.The judiciary can provide a critical means of protection. Agreement comes readily over the general role for the courts in minority protection. Disagreement abounds over their specific role. Should courts, for instance, protect individuals but not specific groups? Should courts protect the identity of minority groups? The role of the judiciary becomes more tractable with a reorientation of our thinking by giving priority to the negative aspect of the minorities’ problem: the problem of injustice. Since group harm, and not group identity, lies at the heart of the difficulty, this is where the courts should look. Jurists become diverted in trying to define a minority in some positive terms when the harms that confront any minority are readily apparent.
Causation, Thin Skulls and Equality
Authors: Klimchuk Dennis 
Published: July 2016

On May 3rd 1974 Mr. Blaue entered Ms Woodhead’s house, demanding that she have sexual intercourse with him. She refused, and he attacked her with a knife and fled. Wounded seriously, she staggered out of her house and collapsed on a neighbour’s lawn. She was taken by ambulance to a hospital, where she learned that she would require surgery. Upon being informed that a blood transfusion would be required, she refused, because permitting the procedure would have been contrary to her beliefs as a Jehovah’s Witness. She was told that if she refused a blood transfusion she would surely die. She said she preferred death to undergoing the procedure, and died early the next day.As well as being an especially tragic case, R. v. Blaue raises several deep and important questions about the doctrine of causation in the criminal law. Did Blaue kill Woodhead? That is, was killing her among the things he did, an action of his rather than an event which followed his action, or an action of Woodhead’s? The general question underlying these more specific ones is: for which of the consequences of his action must a wrongdoer answer?
Is Judgment Inscrutable?
Authors: Stewart Hamish 
Published: July 2016

Kant described the ability to move from theory to practice, to subsume particular facts under general principles, as “judgment”:
Between theory and practice, no matter how complete the theory may be, a middle term that provides a connection and transition is necessary. For to the concept of the understanding that contains the rule must be added an act of judgment by means of which the practitioner decides whether or not something is an instance of the rule.But Kant had little to say by way of guidance for the exercise of judgment, because, in his view, judgment itself could not be completely theorized:
since further rules cannot always be added to guide judgment in its subsumptions (for that could go on indefinitely), there can be theoreticians who, lacking judgment, can never be practical in their lives, e.g., physicians or jurists, who, having done well in school, do not know how they should respond when they are asked for advice.
All We Like Sheep
Authors: Waldron Jeremy 
Published: July 2016

In an extreme case, … only officials might accept and use the system’s criteria of legal validity. The society in which this was so might be deplorably sheeplike; and the sheep might end in the slaughter-house. But there is little reason for thinking that it could not exist or for denying it the title of a legal system.The essence of legal positivism, wrote H.L.A. Hart, is a very simple contention: “[I]t is in no sense a necessary truth that laws reproduce or satisfy certain demands of morality” (185-86).It is tempting to treat this claim—which some have called “the separability thesis”—as a definitional truth about law, i.e., as a constraint on any adequate definition of the term “law.” On this understanding, the positivist maintains that one should not define “law" in a way that excludes some norms from the extension of this term simply because they do not reproduce or satisfy a particular moral demand. Similarly, on this understanding, one should not exclude a system of norms, S, from the extension of the term “legal system” on account of S’s failure to satisfy the demands of justice. Indeed, positivism entails not only that one should not exclude S on this ground, but also that the injustice of S is not even a reason for regarding S as a problematic or marginal or less-than-central case of “law.” The positivist holds that it is a mistake to build moral conditions into the definition of “law” in any way whatsoever.
Realist Semantics and Legal Theory
Authors: Patterson Dennis M. 
Published: July 2016

In “Legal Theory, Legal Interpretation, and Judicial Review”, David O. Brink advocates a central role in legal interpretation for considerations of human purpose. He states:It is important to remember that the primary objects of legal interpretation – statutes, constitutional provisions, and precedents – like most objects of interpretation, are human artifacts, the products of purposeful activity. In interpreting the products of purposeful activity, we must appeal to the purposes which prompted and guided the activity whose product we are trying to understand.
Minority Rights: Caught Between Individual Rights and Peoples’ Rights
Authors: Pestieau Joseph 
Published: July 2016

When the liberals of the 18th and the 19th centuries demanded that the rights of men, of citizens or of peoples be guaranteed, it was in opposition to the abuse of power. They proclaimed in the name of mankind rights inherent to individuals and nations. From the French Revolution to President Wilson, one might have believed that individuals and peoples had been winning their freedom together. Individuals participated as citizens of a single nation in the power of the state. This power enforced civil and political, private and public rights. The Old Regime had to be destroyed, the empires dismembered and the nations liberated so that the people could be organized into states. But in practice, things were not so simple.Since all peoples could not become nation-states, it was hoped that minorities could be protected. But how can they be protected? Who will protect them? How can one define a minority? What rights should they have? Are the collective rights of a people or a minority compatible with individual rights? These are the questions that arise spontaneously and which will be discussed in the following pages. We shall find no simple answer, but rather shall see why the answer is so difficult.
Collective Rights and the Ancient Community
Authors: Berent Moshe 
Published: July 2016

The principle of national self-determination asserts the collective right of the nation for self-government. This principle is now a corner-stone of modem political thought. The idea of “home rule” or the ideal of a self-governed political community is a very old one which originated in classical Greece. Yet the modern idea of the free self-governed community differs in some important aspects from the old one.National sovereignty, or the community’s collective right of “home rule”, means today the right of the political community to its own State. The State, at least the modern liberal democratic Nation-State, is conceived as an instrument by which sovereignty is constituted and national interests are promoted. In this way antiquity poses an interesting problem, since the State is a product of the modern era and was hardly known in the ancient world. The absence of State was not accidental to the ancient community; it was accompanied by an adequate system of ideas concerning the nature of the political community.
Punishment and Inclusion: The Presuppositions of Corrective Justice in Aristotle and What They Imply
Authors: Curren Randall R. 
Published: July 2016

There is a view of Aristotle’s conception of corrective justice which has enjoyed some following among tort theorists in recent years, according to which corrective justice isdistinctfrom distributive justice and entirelyindependentof it. The distinctness of the two is, of course, asserted by Aristotle in a well-known passage in theNicomachean Ethics, and no one could seriously doubt that he does take theformsof these two kinds of justice to be distinct:What is just in distributions of common assets will always fit the [geometrical] proportion mentioned above,... On the other hand, what is just in transactions is certainly equal in a way, and what is unjust is unequal; but still it fits numerical proportion, not the [geometrical] proportion of the other species.