Prima Facie Research Articles

Purely performative resuscitation: Treating the patient as an object.

Despite its prevalence today, the practice of purely performative resuscitation (PPR)-paradigmatically, the "slow code"-has attracted more critics in bioethics than defenders. The most common criticism of the slow code is that it's fundamentally deceptive or harmful, while the most common justification offered is that it may benefit the patient's loved ones, by symbolically honoring the patient or the care team's relationship with the family. I argue that critics and defenders of the slow code each have a point. Advocates of the slow code are right that not all PPR is wrongly deceptive or harmful to the patient or his family and that the symbolic aspect of medicine is itself morally significant. But the critics are also correct: slow codes are prima facie wrong. I argue that pursuing a slow code amounts to treating the patient as a tool for others' benefit-hence, treating him as an object-and that this instrumentalizing quality constitutes one core prima facie wrong of the practice. I also build a case for the idea that the slow code may not always be all-things-considered wrong, specifying certain limited conditions under which acts of PPR might ultimately be permissible. Thus, the symbolic dimension of medical treatment is indeed morally important, both in morally favorable and in morally problematic respects-namely, in its symbolic denial of the patient's humanity.

THOUGHT EXPERIMENT ANALYSES OF ALBERT EINSTEIN'S ELEVATOR

In this contribution we identify, analyze and interpret Einstein's elevator as a paradigmatic thought experiment (TE) that shows how modern physics may surpass classical mechanics. On surface analyses we show that Einstein’s elevator is, in fact, a series of interrelated TE, TE1 through TE6, involving two frames of reference – or two systems of coordinates, K and K', deducing principle of relativity from Galileo – and two observers, an inside and outside observer. On deep analyses of Einstein's elevator appears a deconstructive TE featuring principle of relativity, destructing, falsifying Newton's theory, that does not hold on to principle of relativity, and constructing, verifying Einstein's, that does. On interpretation, admitting theoretical TE may have flaws as with regard to imaginability, conceptual and terminological coherence, we argue that TE are usually valid as arguments, and are rather considered antifallacies than fallacies. TE may develop on analysis from prima facie or secunda facie (in)conceivability to ideal (in)conceivability; our logical analyses validate Einstein’s elevator as a paradigmatic TE. Lastly, we may add two 21st-century conditions to (e.g. Karl Popper's) view of growth of science –global cross-culturalism and environmental pragmaticism– to arrive at a balanced view of progress of science and society1.

‘Civic’ vs. ‘non-civic’: a comparison of individual-level support for the UK’s pro-Brexit and Scotland’s pro-independence nationalism

ABSTRACT This article challenges the prima facie differences between the Scottish independence and pro-Brexit movements, drawing similarities based on shared promotion of nationalism, incorporation of populism, and policy radicalism challenging consensuses over austerity/immigration. The analysis tests four hypotheses: first, their respective supporters hold nationalist beliefs; second, their supporters adhere to different but relatively radical policy preferences (tested on three dimensions: economic, cultural, immigration); third, their supporters adhere with populism; and fourth, their supporters are cynical towards perceived experts. The article finds the expected nationalist support, as well as supporters of independence/Brexit holding more radical policy beliefs compared to anti-independence/anti-Brexit voters. Furthermore, the analysis reveals a clearer picture of anti-expert and anti-elite populism support for Brexit, with little evidence showing these being features of Scottish independence support. This leaves the conclusion of some voter-level similarities between supporters of both movements, but also differences in the levels of populism among their respective voters.

Flummoxing expectations

AbstractExpected utility theory often falls silent, even in cases where the correct rankings of options seems obvious. For instance, it fails to compare the Pasadena game to the Altadena game, despite the latter turning out better in every state. Decision theorists have attempted to fill these silences by proposing various extensions to expected utility theory. As I show in this paper, such extensions often fall silent too, even in cases where the correct ranking is intuitively obvious. But we can extend the theory further than has been done before—I offer a new extension, Invariant Value Theory, which deals neatly with those problem cases and also satisfies various desirable conditions. But other prima facie desirable conditions, including Independence, the theory violates. Is this a problem for the proposal? It may not be—in a new impossibility result, I show that no theory can satisfy Independence in full generality without violating several other conditions that together seem just as plausible.

Beyond the traditional distinctions of genome editing: evaluating a vulnerability framework

Over 40 years ago, the 1982 Splicing Life report outlined the two distinctions that have orientated much of the normative and legal landscape of genetic intervention or genome editing since – that of somatic versus germline (or heritable interventions) and medical versus non-medical (or enhancement) applications. During this time, these distinctions have been used to ethically prioritize some areas of research and potential application, such as somatic treatments, while considering others for prohibition, such as germline enhancements. Nevertheless, somatic interventions may also be done for controversial enhancement purposes while some germline interventions may be done with greater prima facie justification (e.g., the enhancement of athletic ability versus the avoidance of Tay-Sachs disease). Even with new somatic treatments that are generally lauded, exemplified with the case of Casgevy, many issues still arise – such as cost and access, particularly salient on a global level. The concerns over a dystopian future of genetic haves and have nots, as a result of enhancement and/or germline interventions, that perhaps may happen, should not distract us from a greater attention to what is happening in the here and now. In this paper, we will highlight the limits of the two distinctions in terms of moving from questions of “should a technology be used” to “how should a technology be used.” We argue that an additional focus on vulnerability and marginalization can be useful to support the attempt to better prioritize which interventions should be permitted or prohibited. We show how this can better dovetail with calls for effective (global) governance and reasonable consensus by focusing on the most urgent issues and developing policy accordingly, while leaving aside more abstract issues for further discussion.

A Naturalist's Defence of Meaning in Religious Pursuits

Abstract Objectivist naturalists about life's meaning regard it as implicating no world but the natural one, and yet as deriving from more than just subjective attitudes or interests. Such naturalists must obviously deny prominent religious conceptions of meaning. But must they further deny that it can be found in religious pursuits? In this article, I defend a negative answer by arguing that, contrary to a prima facie plausible consideration in support of a positive answer, and by many objectivist naturalists’ own lights, the meaning of life can be found in pursuits predicated on false belief.

Bilateralism, coherence, and incoherence

AbstractBilateralism is the view that the speech act of denial is as primitive as that of assertion. Bilateralism has proved helpful in providing an intuitive interpretation of formalisms that, prima facie, look counterintuitive, namely, multiple‐conclusion sequent calculi. Under this interpretation, a sequent of the form is regarded as the statement that it is incoherent, according to our conversational norms, to occupy the position of asserting all the sentences in and denying all the sentences in . Some have argued, based on this interpretation, that the notion of invalidity is as conceptually primitive and important as the notion of validity: whereas the latter is couched in terms of what positions are incoherent and hence untenable, the former is couched in terms of what positions are coherent and hence tenable. My ultimate goal in this paper is to contest this view. Based on a novel technical account of the two notions—one that I find more accurate than the existing accounts in the literature—I shall argue that the notion of incoherence takes conceptual priority over the notion of coherence.

Discrimination in the Automated Targeting of Job Advertising: The role of the General Data Protection Regulation

Recently, companies have increasingly been using AI to attract potential candidates through targeted job advertising, whose delivery is then algorithmically optimised. By excluding certain groups from job opportunities, these practices can discriminate in access to work, in relation to grounds protected by EU equality law. This article investigates the possible role of GDPR (Reg. n. 2016/679) in litigating discrimination in targeted and optimised job advertising. It firstly analyses whether and how the data access right under Art. 15(1)(h) can be exercised to gather the prima facie discrimination evidence necessary to bring a discrimination claim against the employer. It then deepens the potential use of Art. 80(2) to address the challenges relating to litigating these discriminatory practices, particularly the victims’ lack of awareness and their difficulty in coordinating.

Steering research on mRNA splicing in cancer towards clinical translation.

Splicing factors are affected by recurrent somatic mutations and copy number variations in several types of haematologic and solid malignancies, which is often seen as prima facie evidence that splicing aberrations can drive cancer initiation and progression. However, numerous spliceosome components also 'moonlight' in DNA repair and other cellular processes, making their precise role in cancer difficult to pinpoint. Still, few would deny that dysregulated mRNA splicing is a pervasive feature of most cancers. Correctly interpreting these molecular fingerprints can reveal novel tumour vulnerabilities and untapped therapeutic opportunities. Yet multiple technological challenges, lingering misconceptions, and outstanding questions hinder clinical translation. To start with, the general landscape of splicing aberrations in cancer is not well defined, due to limitations of short-read RNA sequencing not adept at resolving complete mRNA isoforms, as well as the shallow read depth inherent in long-read RNA-sequencing, especially at single-cell level. Although individual cancer-associated isoforms are known to contribute to cancer progression, widespread splicing alterations could be an equally important and, perhaps, more readily actionable feature of human cancers. This is to say that in addition to 'repairing' mis-spliced transcripts, possible therapeutic avenues include exacerbating splicing aberration with small-molecule spliceosome inhibitors, targeting recurrent splicing aberrations withsynthetic lethal approaches, and training the immune system to recognize splicing-derived neoantigens.

Some Methods for Indicating Cartographic Uncertainty, Fifteenth through Eighteenth Centuries

We have a strong tendency to trust maps as accurate depictions of the world, and most early modern cartographers are content to enjoy that prima facie trust without raising questions about the trustworthiness of their sources. In this article I will examine several methods that cartographers used from the fifteenth to the eighteenth centuries of departing from this convention, and indicating to their viewers in a forthright manner which parts of their map they were certain about, and which they were uncertain about. Some of these methods include listing sites about whose location the cartographer is uncertain, using a different graphic style to depict unknown coastlines, using signs to distinguish between certain and uncertain regions, and surrendering to uncertainty and reprinting varying maps of the same region together. Determining what earlier scholars did not know, and how they dealt with that lack of knowledge, is an essential step in producing the history of knowledge.

Fetishism for Our Times: A Rhetorical and Philosophical Exploration

This article develops a detailed theory of the fetishes of the modern world. Fetishes may still have their original religious application as talismans and totems, but their actual range is much wider, as I illustrate. I show that a modern fetish satisfies our needs in an unexpected and unlikely manner: it does what it, prima facie, is not supposed to do. How does this happen? To explain, we must trace the construction of fetishes; I do this using some key rhetorical concepts. Paradiastole is a technique of evaluative redescription. It describes the world in value terms as something it is not—we can then ironize the result. If it serves the speakers’ essential interests and satisfies their desires, we have explained a fetish as a good-maker. The fetishization of an object, because of its ironic background, tends to invite critical, meiotic, and even derogatory responses—usually, the issue is and remains essentially contested. For example, early Christians wrote hagiographies that treated some people as saints, thus creating ad hoc beliefs that satisfied their religious interests. I also suggest a different, metonymic understanding of fetishes and their educational benefits. Perhaps my theory is overly permissive, allowing too many fetishes. My final conjecture is that true fetishes function as identity markers; for example, the crucifix is a fetish that defines Christianity.

The limits of experience: Dogmatism and moral epistemology

AbstractLet “phenomenal dogmatism” be the thesis that some experiences provide some beliefs with immediate prima facie justification, and do so purely in virtue of their phenomenal character. A basic question‐mark looms over phenomenal dogmatism: Why should the fact that a person is visited by some phenomenal feel suggest the likely truth of a belief? In this paper, I press this challenge, arguing that perceptually justified beliefs are justified not purely by perceptual experiences’ phenomenology, but also because we have justified second‐order background beliefs to the effect that the occurrence of certain perceptual experiences is indicative of the likely truth of certain corresponding beliefs. To bring this out, I contrast “perceptual dogmatism” with “moral dogmatism”: the thesis that some emotional experiences provide some moral beliefs with immediate prima facie justification, and do so purely in virtue of their phenomenal character. I argue that moral dogmatism is much less antecedently appealing, precisely because the counterpart second‐order beliefs here are much less plausible.

The dark side of clarity

AbstractWe all have experiences in which it “seems clear” to us that something is true. This kind of clear experience can play significant roles in determining whether we believe something to be true. But what are the significant roles? So far, the literature has focused on optimal cases where a person's clear experience might provide prima facie justification for their belief. This article will develop the hypothesis that, in less optimal cases, these clear experiences can be epistemically damaging. Specifically, it will argue that, in certain cases, such experiences may causally compel belief even in the face of counterevidence.

Mind the Guardrails: Epistemic Trespassing and Apt Deference

ABSTRACT An epistemic trespasser is someone who lacks expertise in a domain yet expresses an opinion about its subject matter based on their own assessment of the evidence. Epistemic trespassing is prima facie problematic, but philosophers have argued that it is appropriate when the trespasser possesses relevant skills and evidence. We argue that this defence is available to epistemic trespassers more often than most philosophers have recognized, but it does not vindicate trespassing. The justified trespasser must also possess an appropriately refined sense of how and to whom they ought to defer, with ‘deference’ understood as taking opinions and the shape of debates very seriously in deliberation, and as appropriate caution in dissent. This sense of what we call the guardrails is constituted largely by a kind of know-how, which arises from long experience in a domain: the epistemic trespasser almost always lacks this know-how.

PARENTAL DUTIES OF NON-DISCRIMINATION AND THE SCOPE OF ANTI-DISCRIMINATION LAW

Abstract Parents’ discrimination against their children is lawful. But the family, as an institution in which social goods are allocated, is as significant as the sites in which anti-discrimination law operates. At least prima facie, therefore, parents should be governed by legal prohibitions on discrimination. While state incursion into family life poses a threat to children’s autonomy, so does parental discrimination against children. Anti-discrimination law therefore needs new institutions to promote the values of non-discrimination in a part of society that currently sits outside anti-discrimination law’s reach. We identify existing regimes that may provide a starting point for this work.

Withdrawal of Open Offer: Impact on Merger and Acquisition Transactions in India

Securities and Exchange Board of India (SEBI) and the Supreme Court of India have taken a tough stand to allow for a withdrawal of open offers under the Takeover Code, 2011. Analyzing the regulations, it is clear that withdrawal, which did not exist in the earlier takeover regulations, is now allowed under conditions that render the withdrawal of an open offer impossible to complete. SEBI is vested with wide discretionary power under Regulation 27(1)(d), which reads as “such circumstances” of the Takeover Code, 1997, and so carried forward as Regulation 23(d) in the Takeover Code, 2011. The authors analyze the interpretation of “such circumstances” through the various judgments, highlighting the authorities’ understanding of such withdrawal. The self-placed restriction on such discretionary power is analyzed for its impact on merger and acquisition transactions. The importance of circumstances like market situation, the financial situation of the acquirer, material adverse changes, and nonreceipt of lender approval, whether it deserves a place in the regulation, and if yes, the mechanism to misuse of such provision and the protection of investor becomes the center of the article. The prima facie shift from not allowing withdrawal to debating for more clauses for withdrawal to be allowed, the article provides suggestions as felt necessary.

Satyadarshan Technologies & Services: revolutionizing urban mobility?

Learning outcomes After reading and analyzing this case study, students will be able to describe the challenges of creating an electric vehicle (EV) start-up with the objective of zero-carbon emissions, identify opportunities and challenges for Satyadarshan Technologies & Services (STS) in enhancing the B2B customer base and sales volumes in the EV market, identify and assess government incentives to reinforce STS’s existing EV business and compose an understanding of and determine an ability to use various industrial marketing and promotion strategies for STS in the present environment. Case overview/synopsis STS was launched in 2020 to provide environmentally conscious urban commuting. Himanshu Purohit, the founder of STS, commenced an e-bicycle assembly unit and produced the first advanced electric drivetrain technology. The vision was to transform how people viewed mobility and make EVs the standard for a healthier globe. Nurturing a start-up with zero-carbon emissions was tedious due to limited infrastructure, high costs, low market acceptance and supply chain constraints. With the relentless pursuit of excellence, STS constantly pushed the boundaries and crossed the break-even ceiling in the year 2022. As a budding player in the souk, the company expected to gain a strong presence in the EV market with particular attention to the B2B customer segment. At the same time, the company aimed to ensure business sustainability by leveraging government incentives. The company needed to expand its corporate sales volume and craft a sustainable competitive advantage. Purohit recognized various challenges to the sustainability of STS that stood between the company's goals and their realization, particularly in achieving a sustainable move in the EV segment. Consequently, Purohit found himself at a critical juncture to pave the path toward the growth of the start-up. Eventually, analysis of the company's business challenges, industrial marketing and promotional strategies required strategic planning to appraise and evaluate the business model. Complexity academic level This case study is designed for new-age Master of Business Administration and executive management programs. It should be used in entrepreneurship and strategic management courses to discuss small innovative e-bike start-ups. This includes conducting a competitive analysis and self-assessing a firm's market-oriented strategies. Prima facie, undergraduate and postgraduate students are beneficiaries of this case. This case study may also be conducive to teaching how to initiate a sustainable and green vehicle business. This case study guides students entering the EV business, addressing industry-specific challenges and conducting market analysis. Supplementary materials Teaching notes are available for educators only. Subject code CSS 3: Entrepreneurship.

Political Persuasion is Prima Facie Disrespectful

Political Persuasion is Prima Facie Disrespectful

On some aspects of the WTO Jurisprudence and Dispute Settlement Mechanism

The paper first explores certain aspects of dispute resolution mechanism implemented within the World Trade Organization and then proceeds with the legal analysis of a number of legal presumptions, concepts and principles both of procedural and substantive legal nature developed and applicable within the framework of the above mentioned mechanism for resolving disputes between the WTO member-states. The Paper examines the main features that distinguish the dispute resolution mechanism used within the WTO from the GATT mechanism, which mechanism, i/e/ the one implemented within the WTO framework, is recognized to be more legal in nature in contrast to the more political nature of the GATT dispute resolution mechanism, given that under the GATT mechanism the direct negotiations had more weight in reaching the final settlement than within the WTO system, where formal juridical disciplines, as the practice of dispute settlement indicates, play far more role and has become a key element of the system. Also, certain procedural presumptions and principles applicable in the adjudication process as well as the procedure and feature characteristic for the enforcement of decisions are examined in the paper based on and with reference to the number of panel and Appellate Body decisions. Decisions delivered by panels and the Appelate Body represent a very important tool for the interpretation of the WTO law and shapes the practice of its implementation. In this regard, although it is not considered a formal source, Appelate Body and panel decisions should be considered as an important source of both procedural and substantive WTO law. The DSB practice established under the GATT/WTO law, on the one hand, defines a set of applicable procedural rules and on the other hand, develops the WTO substantive law by way of developing the criteria and rules governing the application of provisions of the WTO agreements and other sources governing rights and obligations of the member-states. Particular attention in this regard is paid to the peculiarities of the application of the principle of responsibility for lawful actions applied in the WTO jurisprudence, under the relevant WTO agreements and more specifically under the GATT, GATS, TRIPS and SCM Agreements. Also a number of procedural concepts the principles e.g. the “prima facie case”, “rational relationship” elaborated in the “Hormone” case, principle of multi-criteria assessment initially applied in «Korea - fresh, chilled and frozen meat» case and negative presumption rule applied by the panels are analysied.

Will the new definition of a building structure as a subjectof real estate tax put an end to interpretation disputes?

Cascading terminological connections with the provisions of construction law have led to a pathological mechanismof amending the real estate tax without changing the tax act, but through changes to a large group of normativeacts that, prima facie, have nothing to do with taxes. As a result of the Constitutional Tribunal’s judgmentin case SK 14/21, the Ministry of Finance prepared an amendment to the Act on local taxes and fees, which is intendedto cut off connections with the provisions of construction law.