Insufficient Regard Research Articles

Exploring dietary supplement consumption behaviors and determinants among the urban Thai elderly

The consumption of dietary supplements among the elderly is on the rise. Despite the potential benefits, a comprehensive understanding of the decision-making processes leading to the consumption is lacking. This study explores the conditions influencing the decision-making and behavioral patterns of older adults related to dietary supplement consumption. Using a qualitative approach, in-depth interviews were conducted with 21 elderly participants from a seniors’ club in Bangkok, Thailand, who had consistently consumed dietary supplements for at least one year. The behavior was classified into five primary categories: enduring use of identical dietary supplements, insufficient regard for health compatibility, replacing medications with supplements, not verifying before consumption, and opting for supplements over medical treatments. These patterns are aligned with the core constructs of the Theory of Planned Behavior (attitude, subjective norm, and perceived behavioral control). Many individuals perceive supplements as pivotal health investments, while others view them as a direct route to robust health. Trusted advice from friends and television significantly influence their choices, with a prevailing sentiment that dietary supplements are generally safe. The high price tag on supplements is often associated with superior quality. The findings highlight the multifaceted nature of dietary supplement consumption decisions among the Thai elderly, suggesting the need for interventions to promote safer and more informed choices.

Just Transition on air quality governance: a case study of heavy-duty diesel truck protests in Taiwan

Just Transitions are gaining attention in environmental research, and most studies have focused on climate change; however, the insights from this work may be usefully applied to the rarely discussed area in just transition studies. This article uses traditional dimensions of environmental and social justice, such as distributive, procedural, recognition, and restorative justice, to understand why heavy-duty diesel truck drivers fought back against stricter air pollution regulations while demanding destigmatization. The protest resulted in policy failure, and Taiwan’s transition to cleaner, newer diesel trucks were halted. This study finds that the key social contextual factor in Taiwan’s transportation industry was the labor relations of license-leasing. The drivers’ protest began with a lack of procedural justice, and communication occurred only after the law was passed. There was insufficient regard for procedural justice, and although the drivers were concerned, the new rule would significantly impact their right to work and life. Furthermore, the drivers felt disrespected and even carried the stigma of creating environmental pollution. The article assumes that the results should be different if the governance mechanism can handle the key factor in a social context and make appropriate arrangements for the four dimensions of Just Transition. This argument may be relevant for other countries looking to transition from older diesel vehicles to cleaner vehicles through Just Transition.

Informed machine learning methods for application in engineering: A review

Machine Learning (ML) has proved to be successful at identifying and representing underlying relationships in large data sets which would be difficult to process manually. However, the large amounts of data required for unsupervised learning mean that these traditional approaches encounter problems where data is sparse. In addition, these models are often used with insufficient regard for the details of the underlying optimization process. This poses a problem in engineering where the ability to explain model predictions (explainability) is often a prerequisite. There is a particular issue where ML methods may reach a conclusion which does not agree with existing physical understanding. Further, for problems where some of the underlying physics is already known, the traditional ML approach is effectively using large data sets to “re-learn” existing physical understanding. A potential solution to these issues is the incorporation of physical domain knowledge into the model or its training process to produce Informed Machine Learning. This paper provides an overview of the current state of informed machine learning for application in engineering. Firstly, the definition of explainable machine learning is explored. A selection of methods that incorporate physical priories into the machine learning pipeline is then described, leading to a review of current applications of informed machine learning in engineering. As a result of this analysis, a taxonomy is developed which provides a potential path for method development.

Too Objective for Culpability?

To help explain in a principled way why criminal law doctrine tends to abstract away from motives and other individualized circumstances, I have defended an insufficient regard theory of criminal culpability that is more objective in certain respects than other views in the same camp. This has led Alec Walen to object that my view is too objective to be an account of culpability and is better understood as a theory of criminal wrongs. This challenge is important not least because it requires getting clearer about what wrongness and culpability are and what roles they play on a legal moralist picture of the criminal law. Here, I argue that Walen’s objection is mistaken. Once we get clearer on what distinguishes wrongness and culpability, it becomes clear that my account is best seen as a theory of culpability. This is so even though it calculates degrees of culpability in a more objective way than other insufficient regard views. Besides just defending my account from Walen’s objection, this paper aims to make a positive contribution by developing a more sophisticated version of the Manifestation Account I proposed earlier. To do this, I focus on the main area of criminal law doctrine where culpability comes apart from wrongness – namely, excuse cases. My earlier Manifestation Account is implausible – or at least limited – because it has nothing distinctive to say about how to determine the culpability of excused misconduct. Accordingly, the theory would be, if not outright false, at best incompatible with the orthodox view in criminal law theory, which takes excuses to accept wrongdoing but deny culpability. To solve this problem and enhance the Manifestation Account’s explanatory value, I show how to extend the theory to account for the culpability of wrongs where a putatively excusing condition is in play. This not only fills a gap in the Manifestation Account but has the further benefit of providing a unified reasons-based account of the main categories of misconduct in the criminal law, which shows what separates criminal wrongness from culpability both in justification cases and excuse cases. The hope is that this effort will shed light on the distinct roles of wrongness and culpability in legal moralist theories of the criminal law and provide a better understanding of degrees of culpability for criminal wrongs – not only when justifications are at issue, but also when excuses are involved.

The Trafficking Defence in Criminal Law: Nexus and Compulsion

The United Kingdom has accepted international obligations under the Palermo Protocol, the Council of Europe Trafficking Convention, and the EU Trafficking Directive, in relation to the non-prosecution and non-punishment of victims of trafficking for offences they commit which are linked to their trafficking. The obligations are given effect by the Crown Prosecution Service (CPS) discretion not to prosecute, the abuse of process jurisdiction, the common law defence of duress, and the statutory defences under s 45 Modern Slavery Act 2015. In relation to adult victims of trafficking, in each case the question arises of whether they were compelled to commit the offence with which they are charged. This article shows how the English & Welsh courts and the CPS have had insufficient regard to the United Kingdom's international obligations in interpreting ‘compulsion’, and that improvements are necessary to prevent breaches of the United Kingdom's obligations and the re-traumatisation of victims of trafficking.

The Role of Context in Interpreting and Translating the Qur’an

Quoting out of context can become especially serious when dealing with religious texts. As will be demonstrated in this article, attention to context (siyāq) is essential to proper understanding and translation of the Qur'an. However, in much tafsīr writing, and in most of the translations of the Qur'an into English, as well as more general discussion of the Qur'an, we come across examples where insufficient regard to the context seriously mars understanding and results in misrepresentation of the Qur'an's message. The study of context has a central place in rhetoric (balāgha) and in Qur'anic studies in Arabic, but is hardly mentioned in Qur'anic studies undertaken in English. This article explores the significance of context in reading the Qur'an. In the introduction, I outline the various types of context, and then move on to examine its role in determining the meaning of words and sentences, and in determining the inclusion and omission of material, as well as the order and amount of material used in any given situation in the Qur'an. The discussion will also explore which linguistic features can cause difficulties in determining meaning, and what clues are given in the Qur'an to help identify the context and appropriate meanings of specific passages. Examples will be given from translations of the Qur'an, tafsīr, and Qur'anic studies.

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Trade Mark Law's Identity Crisis (Part 2)

The concept of ‘substantial identity’ has not been the subject of sustained critical inquiry in Australian trade mark law, notwithstanding that it plays a crucial role in relation to trade mark ownership, non-use, amendments to representations, and the criminal offences. This second part of a two-part article provides a critique of the Federal Court’s recent move away from a strict approach to, and embrace of an expansive test of, substantial identity. It is argued that the Court’s new interpretation is inconsistent with earlier authority and pays insufficient regard to the historical and normative underpinnings of the provisions of the Trade Marks Act 1995 (Cth) in which substantial identity has vital work to do. It has the potential to destabilise core doctrines of Australian law and unjustifiably privilege the interests of particular parties in the trade marks system. The article concludes with options for reorienting Australia’s law of substantial identity.

History Re-Written: Misconceptions of U.S. Trade and Industrial Policy and the Influence of Neoliberalism

Abstract A disparity exists between mainstream perception and reality with regard to American economic history. There is widespread belief among the public, media, and even some scholars that the U.S. amassed its wealth and prosperity from the adoption of exclusively free-market principles from the onset of the union. This is far from reality. Since 1980, the U.S. government has adopted policies that largely support the free-market ideology and can be classified as neoliberal. However, As Chang (2002) and Cohen and DeLong (2016) have shown, during the early stages of economic development and critical junctures whilst a middle-income country, the U.S. record is one of active government intervention in targeted industries, the creation of important institutions to complement free-market competition, and the widespread use of trade protection in support of infant industries. This misconception has significant ramifications for present-day developing countries, which are routinely advised to adopt neoliberal policies with insufficient regard for the idiosyncratic stage of economic development. This paper documents the misconceptions by examining the theoretical basis and historical record of U.S. industrial and trade policy. We detail how this misconception became widespread and ultimately entered policymaking by analyzing two contributing factors: the rise of neoliberalism, and the standard economics curriculum.

Death caused by negligent medical care: Reconsidering the role of gross negligence manslaughter in the aftermath of Bawa-Garba

Gross negligence manslaughter is a well-established common law offence in English jurisdiction. Nevertheless, it remains a troubled area of law. Academic commentators, as well as the Law Commission, have frequently called for reform. We explore this offence through the prism of medical manslaughter and argue that the offence is insufficiently nuanced in certain situations of death caused by gross negligence. This applies particularly to complex professional circumstances where a coalescence of inter-linking factors may converge with disastrous results for the parties concerned. Using the clinical care model as an exemplar, we argue that relentless focus on the offender can result in a disproportionately high level of blame being foisted on an individual. On the basis of decision theory, we suggest that insufficient regard may be given to confounding contextual matters. Failure to address underlying systemic factors may impede wider patient safety initiatives such as professional medical candour and strategies designed for institutional improvements directed at broader societal benefit. We offer an alternative approach based upon principles of fair attribution of blame and transparency. A new statutory offence is suggested for a fault-based standard that is set by law that gives greater prominence to contextual matters. We argue for wider disposal options that include ancillary court orders for rectification of systems failures and more proactive engagement of the coronial process.

Trade Mark Law's Identity Crisis (Part 2)

The concept of ‘substantial identity’ has not been the subject of sustained critical inquiry in Australian trade mark law, notwithstanding that it plays a crucial role in relation to trade mark ownership, non-use, amendments to representations, and the criminal offences. This second part of a two-part article provides a critique of the Federal Court’s recent move away from a strict approach to, and embrace of an expansive test of, substantial identity. It is argued that the Court’s new interpretation is inconsistent with earlier authority and pays insufficient regard to the historical and normative underpinnings of the provisions of the Trade Marks Act 1995 (Cth) in which substantial identity has vital work to do. It has the potential to destabilise core doctrines of Australian law and unjustifiably privilege the interests of particular parties in the trade marks system. The article concludes with options for reorienting Australia’s law of substantial identity.

Judicial Development of the Criminal Law by the Supreme Court

Abstract It will be argued that the United Kingdom Supreme Court (UKSC) should be bound by certain restrictions on its ability to develop the substantive criminal law: (i) the UKSC’s decision must plausibly be part of an (albeit edited) continuing legal narrative, not a fresh ‘striking out’ in a new direction; (ii) the UKSC should not make decisions that permit the conviction of the defendant when this development could not reasonably have been predicted, ex ante; (iii) the UKSC should take account of the ‘mood music’ (if any) of Parliament, the government and the Law Commission when deciding whether to develop the criminal law in a particular manner; and (iv) the UKSC should bear in mind the practical and epistemic limitations inherent in criminal proceedings (even on appeal). Recent judgments of the UKSC display insufficient regard for these considerations. Attention will be given, specifically, to Jogee (on complicity) and Ivey (on dishonesty).

Contesting effectuation theory: Why it does not explain new venture creation

We evaluate whether the theory of effectuation provides – or could provide – a powerful causal explanation of the process of new venture creation. We do this by conducting an analysis of the principal concepts introduced by effectuation theory. Effectuation theory has become a highly influential cognitive science-based approach to understanding how nascent entrepreneurs start businesses under conditions of uncertainty. But by reducing the process of venture creation to a decision-making logic, effectuation theory pays insufficient regard to the substantial, pervasive and enduring influence of social-structural and cultural contexts on venture creation. Powerful explanations should conceive of venture creation as a sociohistorical process emergent from the interaction of structural, cultural and agential causal powers and must be able to theorise, fallibly, how nascent entrepreneurs form particular firms in particular times and places. We conclude that effectuation’s contribution to entrepreneurship scholarship is more limited than its advocates claim because it can offer only an under-socialised, ahistorical account of venture creation. Failure to theorise adequately the influence of structural and cultural contexts on venture creation implicitly grants nascent entrepreneurs excessive powers of agency.

Search Engines and Press Archives Between Memory and Oblivion

Search engines ’ comprehensive digital memory has led to a desire for greater informational selfdetermination. The seminal judgment in Google Spain gave impetus to the development of data protection law as the preferred legal remedy for claimants who seek to erase their digital past. This article argues that the ‘ right to be forgotten ’ is a contourless and ill-conceived right, which can apply to a variety of markedly dissimilar cases, while paying insufficient regard to the fundamental rights of search engine users, website publishers and of the search engines themselves. Even though the decoupling of names from search results does not interfere with the original expression, it is intended to suppress this expression by drastically reducing its findability and hence its significance in the digital age. Search engines, with their intransparent modus operandi, are entrusted to unravel the Gordian knot between data protection and freedom of expression. But as the ‘ right to be forgotten ’ begins to cast its overly broad net over press archives, the Gordian knot risks tightening further.

The Role of Context in Interpreting and Translating the Qur'an

Quoting out of context can become especially serious when dealing with religious texts. As will be demonstrated in this article, attention to context (siyāq) is essential to proper understanding and translation of the Qur'an. However, in much tafsīr writing, and in most of the translations of the Qur'an into English, as well as more general discussion of the Qur'an, we come across examples where insufficient regard to the context seriously mars understanding and results in misrepresentation of the Qur'an's message. The study of context has a central place in rhetoric (balāgha) and in Qur'anic studies in Arabic, but is hardly mentioned in Qur'anic studies undertaken in English. This article explores the significance of context in reading the Qur'an. In the introduction, I outline the various types of context, and then move on to examine its role in determining the meaning of words and sentences, and in determining the inclusion and omission of material, as well as the order and amount of material used in any given situation in the Qur'an. The discussion will also explore which linguistic features can cause difficulties in determining meaning, and what clues are given in the Qur'an to help identify the context and appropriate meanings of specific passages. Examples will be given from translations of the Qur'an, tafsīr, and Qur'anic studies.

Категоричность в оценках себя, других и ситуации у старшеклассников, употребляющих наркотические вещества

Introduction. Mechanisms and factors for psychoactive substance dependence and also psychological methods for its treatment and prevention have been widely researched. However, early diagnostics and prevention of psychoactive substance dependence among schoolchildren remain important today. The paper presents the results of the study of (a) categoricity in self-estimation and estimation of other people and situations in adolescents using drugs and (b) its relationship with other psychological risk factors for involvement in drug use. Categorical answers indicate the way of thinking when a person makes conclusions before considering all the possible alternatives. Such a way of thinking derives from difficulties in voluntary regulation with insufficient regard for possible solutions and future prospects. The present study is the first attempt to reveal associations among categoricity and psychological risk factors for involvement in drug use.&#x0D; Methods. The participants comprised 108 high school students using drugs, 637 high school students from various regions of Russia, and 540 middle school students. A methodical complex of psychological diagnostics of risk factors for adolescent involvement in drug use was employed in the study.&#x0D; Results. High school students’ categorical estimates indicated the risk of drug use and were associated with difficulties in voluntary regulation with unwillingness to plan the future and consider the alternatives in the clinical group. A defensive strategy of answers manifested itself in the association among categoricalness, overestimation of voluntary self-regulation, and denial of problems. On the contrary, the association between categoricity and accepting difficulties characterized an open strategy of answers when using drugs. High school students in the control groups had no such associations.&#x0D; Discussion. Categorical answers can be a nonspecific criterion for assessing the risk of drug involvement among high school students.

An Ilities-Driven Methodology for the Analysis of Gaps of Stakeholders Needs in Space Systems Conceptual Design

The new generation of space-based services includes large-scale, integrated, and distributed informational systems for which traditional system engineering approaches show some limits in delivering the “big picture.” Missing the view of the full range of design options, or prematurely translating the perceived stakeholders needs into design requirements, is often a consequence of insufficient regard to the end-users priorities. Objective of the present research is to bring to light the gaps extant between what system architects prioritize, and the preferences of potential system users. To this purpose, the proposed method aims at incorporating lifecycle properties (–ilities) in the concept design phase, by submitting attributes of these properties for the evaluation of two stakeholders representative groups. The case study refers to the integration of environmental measurements, coming from a global-navigation-satellite-systems-based remote sensing satellite constellation, as complementary data to the traditional weather-forecasting service, resulting in a new system of systems. The method runs through an interview-based quality function deployment process and collaborative sessions of teams of stakeholders. The strength of the formulation relies on the ability to treat a quantitative measure of the gaps extant between system desired capabilities as perceived by architects, and real end-user needs. The method can be potentially tested in a concurrent design environment as a complementary tool for eliciting requirements and suggesting the areas where investments and resources should be preferably allocated. Results can be used by researchers as pieces of knowledge to be further investigated, and by practitioners in development projects, taking into account that they are preliminary findings.

Who Cares What You Think? Criminal Culpability and the Irrelevance of Unmanifested Mental States

The criminal law declines to punish merely for bad attitudes that are not properly manifested in action. One might try to explain this on practical grounds, but these attempts do not justify the law’s commitment to never punishing unmanifested mental states in worlds relevantly similar to ours. Instead, a principled explanation is needed. A more promising explanation thus is that one cannot be criminally culpable merely for unmanifested bad attitudes. However, the leading theory of criminal culpability has trouble making good on this claim. This is the theory that an action is criminally culpable to the extent that it manifests insufficient regard for legally protected interests. The trouble is that this theory’s defenders have not adequately explained what it is for an action to manifest insufficient regard. In this paper, I aim to provide the required account of manifestation, thereby rendering the insufficient regard theory more defensible. This, in turn, allows the view to explain the broad range of doctrines that treat unmanifested mental states as irrelevant. The resulting theory of criminal culpability is both descriptively plausible and normatively attractive. Moreover, it highlights the continuity between criminal culpability and moral blameworthiness by showing how the former functions as a stripped-down analogue of the latter.

Definition and adoption of a building code based on biological and ecological sustainability in the Local Health Authority 11 of Empoli (Tuscany Region, Central Italy): strengths and areas for improvement

Built environment is an important social determinant of health, but nowadays local health authorities (LHAs) have lost their competences in the issuing of building permits, especially since a new legislation introduced the possibility of personal declaration of conformity. They are also usually excluded from the urban planning process. At the same time, in recent years construction of buildings has been developed with insufficient regard to environmental health requirements, proper exposure to sunlight and winds, comfort, building materials, consumption of resources, and waste production. To deal with these issues, an interdepartmental working group was set up under the direction of the Department of Prevention of the LHA of Empoli (Tuscany Region, Central Italy), with members of the Regional Environmental Protection Agency, along with experts of the 15 Municipalities included in the LHA territory and members of other local institutions. The objective of the Working Group was to define and propose as mandatory a set of rules for local governments aimed at regulating construction activities according to criteria of environmental sustainability, eco-efficiency, comfort, and healthiness of living areas, at the same time encouraging the responsible use of natural resources, the reduction of energy consumption and the use of renewable energy sources in order to place environmental safety and health at the heart of all building activities. Experts of six Municipalities joined the working group and the regulation framework was adopted (and made legally binding) in 8 out of 15 Municipalities, with an almost complete overlap with participation in the working group. The active participation of experts, whose work consists in examining municipal building, permits, and declarations, has therefore marked the difference in the transition from theory to practice. The level of know-how attained by the participants and their motivation and enthusiasm have been so relevant in the whole project that we think this procedure could be successfully used in other fields of inter-institutional activities.

Toward Restoration of Ecosystem Function and Livelihoods on Grazed Agroecosystems

ABSTRACTWhile modern technology, knowledge, and organization have greatly increased agricultural productivity, there has been insufficient regard for sustainability and overall efficiency. Substantial changes need to be made to current agricultural systems to decrease their negative impacts on humans and natural resources while addressing the goal of meeting global food needs into the future. This paper outlines a framework to improve understanding of how to manage natural resources sustainably by bridging the gap between single‐discipline, reductionist research and effective resource management. This framework entails combining small‐scale reductionist research with complementary whole‐systems research and working in collaboration with those farmers who excel in improving the environment and obtaining superior economic returns. Most current research does not generate knowledge that translates automatically into producing desirable and sustainable results from grazingland ecosystems, especially across managed landscapes or at watershed scales. Leading managers achieve their goals by the way they allocate resources, use different technologies and knowledge, and adaptively change these elements as circumstances warrant. To help managers achieve superior results, integrative and multidisciplinary research needs to be conducted to understand how to achieve ecological, economic, and social goals on managed landscapes. Improving sustainability entails developing and using regenerative agricultural systems to include (i) more efficient use of energy and other inputs, (ii) calculation of the full costs to society of farm practices and inputs such as fertilizers and pesticides, (iii) routine life‐cycle analysis and costing, (iv) high levels of management expertise, and (v) high ecosystem biodiversity, function, and resilience.