Partial Disagreement Research Articles

Paratus evidences in the criminal proceedings

The article summarizes the results of the author’s scientific research on the collection of evidence as one of the stages of criminal procedural proof. The author’s position is substantiated, suggesting partial disagreement with the well-known doctrinal postulate on the possibility of collecting evidence only through their formation, that is, through the production of investigative or other procedural actions provided for by the criminal procedure law. Attention is drawn to the impossibility of using mechanisms for generating evidence in relation to affixed, claimed or seized items and documents to be introduced into the criminal process as ready-made information products: material evidence, other documents, expert opinions, as well as the results of operational -search and administrative activities. It is proposed to call such evidence paratus and recognize them as full-fledged, having due legal force and suitable for use as intended means of proof by attaching them to the materials of criminal proceedings. At the same time, it is proposed to supplement the classification of criminal procedural evidence, providing for another reason that implies differentiation depending on the method of collection - to subdivide the evidence into formed and paratus.

About the compatibility between the perturbational complexity index andthe global neuronal workspace theory ofconsciousness.

This paper investigates the compatibility between the theoretical framework of the global neuronal workspace theory (GNWT) of conscious processing and the perturbational complexity index (PCI). Even if it has been introduced within the framework of a concurrent theory (i.e.Integrated Information Theory), PCI appears, in principle, compatible with the main tenet of GNWT, which is a conscious process that depends on a long-range connection between different cortical regions, more specifically on the amplification, global propagation, and integration of brain signals. Notwithstanding this basic compatibility, a number of limited compatibilities and apparent differences emerge. This paper starts from the description of brain complexity, a notion that is crucial for PCI, to then summary of the main features of PCI and the main tenets of GNWT. Against this background, the text explores the compatibility between PCI and GNWT. It concludes that GNWT and PCI are fundamentally compatible, even though there are some partial disagreements and some points to further examine.

Реактивные реплики с иллокуцией несогласия в контексте неформального интервью: форма выражения, прагматические функции, мотивы реализации

Within the framework of this study – based on the texts of informal interviews published in English-language tabloids – the illocution of reactive disagreement is defined as an effective pragmatic mechanism for the coherent unfolding of the text, jointly generated by the interlocutors. Based on the method of conversational analysis, the constructive potential of a negative response to the propositional content and assessments that form a stimulating assertive message of the interviewer is revealed. Attention is focused on the form and content of the responses, explicitly/implicitly expressing disagreement, their pragmatic functions and role in ensuring the coherence of dialogical unity, reflecting the discussion of a specific topic by the interlocutors. It is established that in order to minimize discursive confrontation, the respondent can react with disagreement, which has a delayed character, with a preliminary expression of concession in favor of the effectiveness of the interviewer’s point of view. At the same time, in order to create relevant conditions for the implementation of a relaxed / partial disagreement, the respondent can initiate several dialogical moves. As a result, the stimulating judgments of the interviewer are interpreted as one of the alternative versions of the interpretation of the event or fact being discussed, and an informal conversation produces a pragmatic effect of intrigue. A softened form of disagreement can also be implemented by reacting replicas with blurred semantics due to hedging and markers of epistemic modality, a detailed explanation of the facts associated with the topic under discussion, activation of the shift of the current attention of the interviewer and the target audience. The motives underlying the reactive implementation of direct/implicit disagreement are revealed: the respondent’s desire to hide information about the prospects of his creative activity, which is requested by the interviewer, to avoid disharmony in interpersonal interaction, the gap between the interlocutors’ background knowledge, the dissimilarity of their axiological positions regarding the topic of discussion. A pragmatic justification of these motives is given. It is concluded that the reactive remarks of disagreement, implemented in the context of an informal interview, predetermine the conflict-free unfolding of interpersonal interaction of interlocutors due to the deliberate minimization of the threat to their social face from the respondent.

Al-Ghazali’s Metaphysical Philosophy of Spiritualism In The Book Of Ihya ‘Ulumuddin

This article tries to explore al-Ghazali’s views regarding philosophy—particularly metaphysical philosophy, and its influence on the establishment of al-Ghazali’s teachings as stated in the book ihya ʻulumuddin. The method used in this research is descriptive-qualitative method, and is included in the literature research (library research). The process of collecting data in this study is to make observations, in the sense of tracking various references that have relevance to the focus of the study, both from books, articles, and so on that function to support these data. The data analysis technique used in this research is the method of content analysis. In this analysis, the process of selecting, comparing, combining, and sorting information obtained from related data sources will be carried out to obtain valid inferences. From the studies conducted, it can be seen that: 1) Regarding the existence of God, al-Ghazali rejected the philosophical ideas of atheism (ad-dahriyun) and naturalism (al-thabi’iyun) as a whole. 2) al-Ghazali accepted the philosophical thought of divinity (ilahiyun), in several respects as a whole—for example logic, physics, mathematics, etc., and in terms of metaphysics, al-Ghazali accepted with certain conditions—in accordance with the texts of the Qur’an and hadith. 3) Al-Ghazali’s partial disagreement with metaphysical philosophers, such as Ibn Sina and al-Farabi is because both of them have collided with the principal “norms” in religion. 4) His refusal formed al-Ghazali’s thought structure which is presented in several of his works—including in the Book of ihya ʻulumuddin.

Degree of concordance on the management of patients with gastroesophageal reflux disease. A study among specialists that are members of the Sociedad Latinoamericana de Neurogastroenterología (SLNG)

Introduction and aimsDue to its different clinical manifestations, gastroesophageal reflux disease (GERD) requires diverse diagnostic and therapeutic interventions. The aim of the study was to evaluate the degree of agreement among Latin American specialists, with respect to the management of GERD. Materials and methodsA cross-sectional study was conducted through a survey with 42 statements (22 related to diagnosis and 20 to treatment) applied to 56 specialists from Latin America. There were 4 possible statement responses: in complete agreement, in partial agreement, in partial disagreement, and in complete disagreement. Reproducibility, level of agreement, and concordance were measured through the Kappa statistic. ResultsThe response rate was 81% (47/56). General concordance was low, given that there was complete concordance in only 12 statements (28.6%). There was partial concordance in 22 statements (52.4%) and no concordance in 8 (19%). The following themes had the most disagreement: the performance of endoscopy before beginning treatment, the use of proton pump inhibitors (PPIs) in patients with extraesophageal symptoms and with no typical symptoms, and the combined use of PPIs and prokinetics. ConclusionsIn the present study, we found that there was agreement among the Latin American specialists for the diagnosis and management of GERD in less than one-third of the recommendations considered standard. The low concordance could be related to the fact that the availability of diagnostic tools and medications, as well as the prevalence of GERD phenotypes, is different in each country.

Pluralismo costituzionale e doveri dell’amministrazione (in dialogo con Massimo Monteduro)

The essay examines the theses presented by Massimo Monteduro in a recent study on “Doveri inderogabili dell’amministrazione e diritti inviolabili della persona”. The author discusses the issues relating to the qualification of the legal duties of the administration under the rule of law. Assuming that the rule of law is a concept in crisis - due to the plurality of sources and the indeterminacy ofthe laws - it is examined to what extent the administration can integrate the legal provisions and fill the gaps in the system in direct implementation of the Constitution. In partial disagreement with Monteduro's thesis, the author highlights how the personalistic principle and art. 2 of the Constitution can be a useful basis for legitimizing the proactive intervention of the administration, while leaving open the problem of combining the centrality of the person and the axiological pluralism of democratic systems

A retrospective comparison of first and second opinion histopathology with patient outcomes in veterinary oncology cases (2011-2019).

Mandatory second opinion histopathology is common practice in human surgical pathology. It is intended to confirm the original diagnosis or identify clinically significant discrepancies, which could alter the course of disease, cost of treatment, patient management or prognosis. This retrospective analysis aimed to evaluate agreement between first and second opinion histopathology cases, examine their correlation with natural history of disease and investigate the rationale for pursuing this test. Medical records from 2011 to 2019 were reviewed, identifying 109 cases where second opinion histopathology was sought. Reasons for seeking second opinion and clinical disease course were also reviewed to determine whether case progression favoured first or second opinion findings in cases of diagnostic disagreement. Diagnostic disagreement was found in 49.5% of cases. Complete diagnostic disagreement (a change in degree of malignancy or tumour type) occurred in 15.6% cases and partial disagreement (a change in tumour subtype, grade, margins and mitotic count) occurred in 33.9%. Major disagreement (a change in diagnosis resulting in alteration of treatment recommendations) occurred in 38.5% of cases. The most common reasons for seeking second opinion were an atypical/poorly differentiated tumour (31.2%; 34/109) or a discordant clinical picture (24.8%; 27/109). Among cases with any form of disagreement, natural history of disease favoured second opinion findings in 33.3%. The first opinion was favoured over the second in a single case. These findings reinforce previous literature supporting a role for second opinion histopathology in optimizing therapy and predicting outcomes in veterinary oncology, particularly in cases where diagnosis is in question based on the overall clinical picture.

Flash Glucose Monitoring to Assess Glycemic Control and Variability in Hemodialysis Patients: The GIOTTO Study.

Background: Flash glucose monitoring (FGM) is a technology with considerable differences compared to continuous glucose monitoring (CGM), but it has been scarcely studied in hemodialysis patients. Thus, we aimed assessing the performance of FGM in such patients by comparison to self-monitoring of blood glucose (SMBG). We will also focus on estimation of glycemic control and variability, and their relationships with parameters of glucose homeostasis.Methods: Thirty-one patients (20 with type 2 diabetes, T2DM, 11 diabetes-free, NODM) collected readings by FGM and SMBG for about 12 days on average. Readings by FGM and SMBG were compared by linear regression, Clarke error grid, and Bland-Altman analyses. Several indices of glycemic control and variability were computed. Ten patients also underwent oral glucose tolerance test (OGTT) for assessment of insulin sensitivity/resistance and insulin secretion/beta-cell function.Results: Flash glucose monitoring and SMBG readings showed very good agreement in both T2DM and NODM (on average, 97 and 99% of readings during hemodialysis in A+B Clarke regions, respectively). Some glycemic control and variability indices were similar by FGM and SMBG (p = 0.06–0.9), whereas others were different (p = 0.0001–0.03). The majority of control and variability indices were higher in T2DM than in NODM, according to both FGM and SMBG (p = 0.0005–0.03). OGTT-based insulin secretion was inversely related to some variability indices according to FGM (R < −0.72, p < 0.02).Conclusions: Based on our dataset, FGM appeared acceptable for glucose monitoring in hemodialysis patients, though partial disagreement with SMBG in glycemic control/variability assessment needs further investigations.

Grado de acuerdo en el manejo de pacientes con enfermedad por reflujo gastroesofágico. Un estudio entre especialistas miembros de la Sociedad Latinoamericana de Neurogastroenterología (SLNG)

Introduction and aimsDue to its different clinical manifestations, gastroesophageal reflux disease (GERD) requires diverse diagnostic and therapeutic interventions. The aim of the study was to evaluate the degree of agreement among Latin American specialists, with respect to the management of GERD. Materials and methodsA cross-sectional study was conducted through a survey with 42 statements (22 related to diagnosis and 20 to treatment) applied to 56 specialists from Latin America. There were 4 possible statement responses: in complete agreement, in partial agreement, in partial disagreement, and in complete disagreement. Reproducibility, level of agreement, and concordance were measured through the Kappa statistic. ResultsThe response rate was 81% (47/56). General concordance was low, given that there was complete agreemen in only 12 statements (28.6%). There was partial agreement in 22 statements (52.4%) and no agreement in 8 (19%). The following themes had the most disagreement: the performance of endoscopy before beginning treatment, the use of proton pump inhibitors (PPIs) in patients with extraesophageal symptoms and with no typical symptoms, and the combined use of PPIs and prokinetics. ConclusionsIn the present study, we found that there was agreement among the Latin American specialists for the diagnosis and management of GERD in less than one-third of the recommendations considered standard. The low concordance could be related to the fact that the availability of diagnostic tools and medications, as well as the prevalence of GERD phenotypes, is different in each country.

Frequency of Participation in a Return-to-Work Program Predicts Successful Work Restoration but Not Maintenance.

Several predictors for work restoration and maintenance of restoration have been examined among employees with mood and/or anxiety disorders, but whether frequency of participation in a return-to-work (RTW) program can predict successful work restoration and maintenance remains unclear. In the present study, we attempted to investigate the hypothesis that the frequency of RTW program participation can predict successful work restoration and maintenance. Among seventy-seven patients attending an RTW program, the frequency of participation was positively associated with work restoration but not with maintenance. The result was in partial agreement (restoration) and partial disagreement (maintenance of restoration) with our hypothesis. Thus, the present study suggests that the frequency of participation in an RTW program can predict successful work restoration but not maintenance.

Are disagreements agreeable? Evidence from information aggregation

Disagreement measures are known to predict cross-sectional stock returns but fail to predict market returns. This paper proposes a partial least squares disagreement index by aggregating information across individual disagreement measures and shows that this index significantly predicts market returns both in- and out-of-sample. Consistent with the theory in Atmaz and Basak (2018), the disagreement index asymmetrically predicts market returns with greater power in high-sentiment periods, is positively associated with investor expectations of market returns, predicts market returns through a cash flow channel, and can explain the positive volume-volatility relationship.

Money Versus Social Rank: An Empirical Investigation of Unfairness in Social Anxiety

Social anxiety (SA) is characterized by marked difficulties in forming and maintaining social relationships. Several theoretical perspectives suggest that individuals with social anxiety tend to prioritize social rank goals. As such, the socially anxious view the world in hierarchical rather than cooperative terms. One hundred and eleven participants were assigned to one of three subgroups based on SA severity and depressed mood. The resulting subgroups consisted of participants with elevated levels of SA, with and without depressed mood (n = 46 and n = 24, respectively) as well as non-anxious participants (n = 41). By using an asymmetrical Ultimatum Game (UG) in which participants’ identities were concealed, we sought to investigate how SA levels modulate behavioural responses to unfair treatment and to subsequent fairness considerations. Overall, SA was associated with higher rejection rates of unfair splits, which suggests that participants with elevated SA prioritize fairness over financial maximization. Our findings also show that SA was associated with a tendency toward costly punishment, that is, both SA subgroups engaged in more punitive actions in spite of financial loss. Taken together, our findings show that given the chance, individuals with elevated SA can resort to active punishment instead than acting submissively in asymmetric interactions, in partial disagreement with theoretical models of SA. We further advance that social rank threats are important drivers of punitive actions in SA. Empirical and practical implications, as well as interpretative caveats, are discussed.

On the peak quasi-static load of axisymmetric buckling of circular tubes

The axial crushing of thin-walled metal circular tubes was addressed in this work for its importance in many engineering applications especially when failed in concertina mode. Theoretical estimates of the peak load were formulated for lower and upper bounds based on Rankine-Gordon principle and the elastic-plastic criterion of buckling, respectively. Numerical simulations were also made to validate these estimates using ABAQUS 14-2 finite element software. Previous findings were compared with both the theoretical and numerical results of the present work. It is found that the peak load is unique for a particular specimen, while the lower bound stress can be equal for different values of D, t and L, as long as the D/t ratio is the same. Moreover, the upper bound stress requires both D/t and L/D ratios. It was also found that all numerical results agree favorably with the theoretical predictions, but not with all of the experimental findings. This partial disagreement was proved to be attributed to the questionable data extracted from one of the cited work. Empirical relations for the available experimental findings were established to confirm the source of disagreement as well as to afford a unified relation which might represent data of different materials, and finally to offer an alternative prediction of experimental peak load.

Consenting and Assenting to Psychoanalytic Work

The moment is opportune for a renewed look at what we understand about patient consent to treatment. Until recently, little reference to informed consent could be found in the literature, as though it has never been a preoccupation for psychoanalytic practitioners. Yet several post-Freudian authors offer reasons to suppose the risk of misunderstandings about consent. In fact, the very discovery of transference, replete with unrequited infantile wishes, implies that at some level, at some moment, in every psychoanalytic treatment there will be moments when "consent" will to some extent vacillate. A distinction, justifiable on etymological and intersubjective grounds, is made between patients' consent as a cognitive, somewhat passive, acceptance and patients' assent as an arduous, conflicted, partial disagreement with the symbolically limiting details of analytic work. It is in the discovery and working through of unexpected unconscious responses to aspects of the analytic setting and to the analyst that patients become "informed" of the unique risks to their psychic equilibrium the process poses, as well as its benefits. Instead of a static and unitary contractual event, informed consent in psychoanalysis is more properly conceived as a multilayered, repetitively posed, and necessarily ambivalent process of good-enough assenting over time.

Gray areas and evidence gaps in the management of rectal cancer as revealed by the comparison of recommendations from national and international clinical guidelines.

74 Background: While the management of nonmetastatic and oligometastatic rectal cancer has rapidly evolved over the last few decades, many grey areas and highly debated topics remain that foster significant variation in clinical practice. We aimed to identify controversial points and evidence gaps in this disease setting by systematically comparing recommendations from national and international clinical guidelines. Methods: Twenty-six clinical questions reflecting practical challenges in the routine management of nonmetastatic and oligometastatic rectal cancer patients were selected. Recommendations from the ESMO, NCCN, JSCCR, Australian and Ontario guidelines were extrapolated and compared using a 4-tier classification system (i.e., identical/very similar, similar, slightly different, different). Overall agreement between guidelines (i.e., substantial/complete disagreement, partial disagreement, partial agreement, substantial/complete agreement) was assessed for each clinical question and compared against the highest level of available evidence according to the Oxford CEBM Levels of Evidence guidelines by using the χ2 statistic test. Results: Guidelines were in substantial/complete agreement, partial agreement, partial disagreement, and substantial/complete disagreement for 8 (30.8%), 2 (7.7%), 7 (26.9%), and 9 (34.6%) clinical questions, respectively. High level of evidence supported clinical recommendations in 2/10 cases (20%) where guidelines were in agreement and in 10/16 cases (62.5%) where guidelines were in disagreement (χ2 = 4.4726, p = 0.034). Agreement was frequently reached for questions regarding diagnosis, staging, and radiology/pathology pro-forma reporting, while disagreement characterised most of the treatment-related topics. Conclusions: Substantial variation exists across national and international clinical guidelines in the recommendations for the management of nonmetastatic and oligometastatic rectal cancer. This variation is only partly explained by the lack of supporting, high-level evidence.

Is there concordance between bone and tendon cultures in patients with foot tissue loss?

BackgroundDeep infections of the extremities are a challenge that threaten limb salvage.ObjectivesTo investigate whether the results of bone and deep tissue cultures from patients with trophic limb ulcers coincide.MethodsA retrospective study was conducted with data from 54 patients with deep trophic limb ulcers admitted to the Complexo Hospitalar Universitário Professor Edgard Santos, Salvador (BA), Brazil. The study analyzed all patients for whom cultures of material from foot wounds in patients with tissue loss had been performed using two specimen types: bone and fragments of deep tendon. The study analyzed concordance between the two sample types and total number of microorganisms and numbers of microorganisms by Gram staining in both samples.ResultsThe mean age of the 54 patients in the sample was 63.6 years, 80% had PAOD, 70% were diabetic, and 72% were hypertensive. Analysis of the cultures showed that 28 (52%) pairs of samples from the 54 patients exhibited complete concordance, with the same microorganisms grown from fragments of deep tendon and bone. There was partial disagreement in 13 samples (24%) and total disagreement in 13 (24%). On average, 1.62 microorganisms were isolated from deep tendon fragments and 1.72 were isolated from bone samples. Analyzing Gram-positive microorganisms separately, the mean number of species grown was 0.48 for tendon cultures and 0.44 for bone cultures. In contrast, the mean number of Gram-negative microorganisms isolated was 1.14 for tendon samples and 1.27 for bone samples.ConclusionsAround half of the patients with foot tissue loss had bone and tendon cultures that coincided exactly.

On-surface potential and radial electric field variations in electron root stellarator plasmas

In the present work we report recent radial electric field measurements carried out with the Doppler reflectometry (DR) system in the TJ-II stellarator. The study focuses on the fact that, under some conditions, the radial electric field measured at different points over the same flux surface shows significantly different values. A numerical analysis is carried out considering the contribution arising from the radial dependence of Φ1 as a possible correction term to the total radial electric field. Here Φ1 is the neoclassical electrostatic potential variation over the surface. The comparison shows good agreement in some aspects, like the conditions under which this correction is large (electron-root conditions) or negligible (ion-root conditions). But it disagrees in others like the sign of the correction. The results are discussed together with the underlying reasons of this partial disagreement. In addition, motivated by the recent installation of the dual DR system in Wendelstein 7-X (W7-X), Φ1 estimations for W7-X are revisited considering core electron-root confinement plasmas from its first experimental campaign. The simulations show larger values of Φ1 under electron-root conditions than under ion root. The contribution from the kinetic electron response is shown to become important at some radii. All this results in a potential variation size in W7-X noticeably larger than estimated in our previous work (García-Regaña et al 2017 Nucl. Fusion 57 056004), for other plasma parameters and another configuration.

Are Disagreements Agreeable? Evidence from Information Aggregation

Disagreement measures are known to predict cross-sectional stock returns but fail to predict market returns. This paper proposes a partial least squares disagreement index by aggregating information across individual disagreement measures and shows that this index significantly predicts market returns both in- and out-of-sample. Consistent with the theory in Atmaz and Basak (2018), the disagreement index asymmetrically predicts market returns with greater power in high sentiment periods, is positively associated with investor expectations of market returns, predicts market returns through a cash flow channel, and can explain the positive volume-volatility relationship.

Identifying clinical features in primary care electronic health record studies: methods for codelist development

ObjectiveAnalysis of routinely collected electronic health record (EHR) data from primary care is reliant on the creation of codelists to define clinical features of interest. To improve scientific rigour, transparency...

Transformations of Organic Molecules over Metal Surfaces: Insights from Computational Catalysis.

Much-needed progress in catalytic science, in particular regarding heterogeneous catalysis, is associated with the transition from largely empirical research to rational design of new and improved catalysts and catalytic processes. To achieve this goal, fundamental atomic-scale understanding of catalytic processes is required, which can be achieved with the help of theoretical modeling, in particular, using methods based on quantum chemical calculations. In this review we illustrate the current progress by discussing examples from the authors' work in which complex reaction networks involving organic molecules on transition-metal surfaces have been studied using density functional theory. We review some of the success stories where theory helped to interpret experimental observations and provided atomistic insights into the mechanisms, which were not definitively known before. In other cases, partial disagreement between theoretical results and existing experimental evidence calls for further reconciliation studies.