Proper Scope Research Articles

Clarifying Mutual Consent’s Role in Agency Law

Abstract Important cases and academic commentators have suggested that the mutual consent of principal and agent is necessary for actual authority to be conferred on the agent. The chief purpose of this article is to show that this view of mutual consent’s role in agency law is inaccurate and misleading. Its central claim is that the agent’s consent is not a necessary pre-condition for the conferral of authority. Instead, a principal can confer authority on an agent unilaterally. However, when authority is conferred unilaterally on an agent, the external aspect of agency is fully present, but the internal principal–agent relationship possesses two unique features, one relating to the agent’s duties and the other relating to the agent’s ability to disclaim. The account presented here thus clarifies the proper scope of ‘mutual consent’ justifications in agency. Mutual consent may justify some incidents of agency, but it does not justify them all.

Posterior assessment of occupational risks associated with work hardness based on workers’ subjective perception of their health

Work hardness causes health impairments in workers of some occupations. Posterior assessment should be considered priority one in health risk analysis instead of relying solely on results obtained by prior assessment based on descriptions of working condition. This paper presents the results obtained by posterior occupational risk (OR) assessment associated with work hardness; the assessment is based on analyzing workers’ subjective perception of their health (workers employed at a bearing production were used as an example). A survey was accomplished within this study followed by analyzing subjective perception of one’s health. It gave an opportunity to accomplish quantitative posterior OR assessment (that considered both likelihood of diseases and their severity) at the group and individual levels. Work hardness creates unacceptable group health risks associated with diseases of the musculoskeletal system and connective tissue (1.93•10-2–2.56•10-2), nervous system (4.03•10-2–6.77•10-2), genitourinary system (2.04•10-2–2.7•10-2) and cardio-vascular system (1.47•10-2–1.69•10-2). Such indicators as ‘weight of constantly lifted cargo and cargo moved by hand’ (35–58 %) and ‘uncomfortable working posture / working upright’ (29–54 %) make major contributions to the integral risk. Risk categories were adjusted at the individual level (considering parameters of the relationship that describe how likelihood of disease is influenced by work hardness, age and working records). This allowed establishing that OR was predominantly caused by diseases of the musculoskeletal system and connective tissue (‘medium risk’ for 19–83 % of the workers and ‘high risk’ for 75–81 %), nervous system (‘high risk’ for 84–85 % and ‘extremely high risk’ for 15–16 % of the workers) and genitourinary system (‘moderate risk’ for 1 %, ‘medium risk’ for 8 %, and ‘high risk’ for 87 %). Occupational health risk assessment allowed identifying priority indicators of work hardness (‘weight of constantly lifted cargo and cargo moved by hand’ and ‘uncomfortable working posture / working upright’) and establishing proper scope of relevant prevention activities at the group and individual level.

Апостериорная оценка профессионального риска, связанного с тяжестью трудового процесса, на основе анализа субъективного восприятия работниками своего здоровья

Work hardness causes health impairments in workers of some occupations. Posterior assessment should be considered priority one in health risk analysis instead of relying solely on results obtained by prior assessment based on descriptions of working condition. This paper presents the results obtained by posterior occupational risk (OR) assessment associated with work hardness; the assessment is based on analyzing workers’ subjective perception of their health (workers employed at a bearing production were used as an example). A survey was accomplished within this study followed by analyzing subjective perception of one’s health. It gave an opportunity to accomplish quantitative posterior OR assessment (that considered both likelihood of diseases and their severity) at the group and individual levels. Work hardness creates unacceptable group health risks associated with diseases of the musculoskeletal system and connective tissue (1.93•10-2–2.56•10-2), nervous system (4.03•10-2–6.77•10-2), genitourinary system (2.04•10-2–2.7•10-2) and cardio-vascular system (1.47•10-2–1.69•10-2). Such indicators as ‘weight of constantly lifted cargo and cargo moved by hand’ (35–58 %) and ‘uncomfortable working posture / working upright’ (29–54 %) make major contributions to the integral risk. Risk categories were adjusted at the individual level (considering parameters of the relationship that describe how likelihood of disease is influenced by work hardness, age and working records). This allowed establishing that OR was predominantly caused by diseases of the musculoskeletal system and connective tissue (‘medium risk’ for 19–83 % of the workers and ‘high risk’ for 75–81 %), nervous system (‘high risk’ for 84–85 % and ‘extremely high risk’ for 15–16 % of the workers) and genitourinary system (‘moderate risk’ for 1 %, ‘medium risk’ for 8 %, and ‘high risk’ for 87 %). Occupational health risk assessment allowed identifying priority indicators of work hardness (‘weight of constantly lifted cargo and cargo moved by hand’ and ‘uncomfortable working posture / working upright’) and establishing proper scope of relevant prevention activities at the group and individual level.

The proper scope of education for flourishing

Abstract The concept of flourishing has recently come into vogue within various areas of the humanities and social sciences (e.g. philosophy, psychology, economics, health, education). This article focuses on its potential role within education, where the retrieval of flourishing has perhaps been most visible of all the recent areas of interest, setting in motion what some have called a ‘flourishing bandwagon’. This bandwagon has blazed a trail for the somewhat radical view that flourishing can be seen not only as a significant aim, but even the central aim, of all educational endeavours. Recent criticisms of the flourishing view focus on its potential vacuity and its unhelpful conflation of general and laudable, but uneducable, socio-political and psycho-moral aims with educable ones, hence placing unreasonable burdens on practitioners. After providing a brief historical and conceptual backdrop, this article aims at fleshing out and finessing the scope of education for flourishing and, hence at responding to the recent critics. This is done inter alia through an analogy with health where a similar theoretical problem beckons about possible conceptual underpopulations and overpopulations of the content of the aim of health itself.

Flourishing and the scope of medicine and public health

A framework is put forward for the proper scope of considerations concerning flourishing within medicine, psychiatry, clinical counselling, public health and public policy. Each of these disciplines and associated institutional...

Protection of sacred traditional cultural expressions: a perspective from Taiwan

In international debates regarding the protection of traditional cultural expressions (TCEs), some propose legal instruments with stronger sui generis protection for secret and/or sacred TCEs. But what would constitute stronger protection responsive to the needs of the holders of sacred TCEs? This article takes the Lalu case in Taiwan as a starting point for considering the sui generis protection of sacred TCEs, including what should be regarded as a protectable TCE and what is the proper scope of protection of sacred TCEs. The Lalu case reveals the difficulties of protecting Indigenous peoples’ essential sacred knowledge if a strict definition of TCEs is adopted. Therefore, this article reconsiders the idea–expression dichotomy and traditional knowledge (TK)–TCEs distinction by observing the characteristics of Indigenous peoples’ sacred culture and analyzing different international instruments related to TK/TCEs protection. Criticism of these dichotomies highlights the importance of the moral right, on the basis of which TCEs can be protected as a whole and the integrity of sacred culture can be maintained. Finally, this article discusses the possibility of supporting the protection of tangible sacred places or sacred objects by enhancing the sui generis right to sacred TCEs.

A Look at What is Lost: Combining Bibliographic and Corpus Data to Study Clichés of Translation

Abstract This article presents the results of a corpus-assisted study focused on the expression lost in translation in a corpus of English-language online newspapers (NOW), and in two scholarly bibliographic databases (BITRA and SCOPUS). On the surface, the phrase may seem to indicate negative perceptions of translation practice. However, a study of several hundred occurrences of the cliché paints a more complex picture involving a variety of communicative practices and settings. Many occurrences of the phrase address, for instance, broader issues of cultural and interpersonal misunderstanding. In such cases, the perceived failure to establish a meaningful connection can often be ascribed to the absence of attempts at mediation or transmission, thus signalling recognition that the greatest losses occur not because of, but by lack of translation. In addition, the data indicate that lost in translation’s varied usage patterns can be understood in terms of two competing metaphorical frames, namely one of transportation and one of orientation: in translation, one can lose something, but one can just as well get lost. The implications of both metaphorical mappings are further addressed with reference to the issue of visibility, and to discussions about the proper scope of translation studies research.

Harriet Martineau's Empiricism

In 1832 Harriet Martineau began writing a series of fictional tales intended to illustrate the principles of political economy. By 1834 monthly sales numbers for the series were prolific and Martineau was gaining an international reputation. The Illustrations of Political Economy has long been read as advancing a simplistic popular Ricardianism that spoke powerfully to its immediate audience but became obsolete within just a few decades. This article complicates these assumptions by showing how the tales take a Malthusian stance on questions regarding the proper scope and method of economic science and hence anticipate the inductivist and historicist critiques of Ricardian economics that Malthus inspired. The process by which she conducted research for the tales and the process by which her characters learn economic lessons resemble the inductive process that the Cambridge inductivists and later the English historical economists posited as an alternative to the abstract and deductive method they associated with Ricardo. These tales also reveal how cultural, religious, and historical forces influence economic life and economic decision-making, suggesting that, as the inductive and historical economists often argued, understanding these forces was essential to arriving at a true understanding of political economy.

Sherman v. Department of Public Safety: Institutional Responsibility for Sexual Assault

Abstract This article addresses the intersection of three important topics: sexual assault, police misconduct, and employer liability for employee torts. As to the last of these, while there have long been debates among jurists in the U.S. concerning the proper scope of respondeat superior liability, courts have mostly adhered to an approach that focuses on whether the employee acted for the purpose of serving the employer’s interests. The narrowness of this purpose-based test, as compared to available alternatives, makes it imperative for lawyers, judges, and scholars to be attentive to other, less well-known, bases for employer liability. In Sherman v Department of Public Safety, the Delaware Supreme Court applied a particular version of one such doctrine – the “aided-by-agency” doctrine – to hold a police department accountable for its officer’s sexual assault of an arrestee. By articulating this doctrine in a thoughtful and circumscribed manner, the Court affirmed its reputation as a leader in the development of agency law, while also providing a helpful framework that can be applied to hold certain employers liable when employees take advantage of their employment-based authority over their victims to perpetrate assaults.

The Effect of the Surface Topography of High-Speed Steel Cutting Blades Made Using Various Methods on Their Technological and Functional Properties.

Indication of the proper scope of application of high-speed steels (HSS) produced by conventional methods and powder metallurgy for cutting tool blades requires a thorough assessment of their properties in various cutting conditions. According to common knowledge, the properties of tools made of both types of steel are largely determined by the arrangement of carbide phases. It turns out, however, that the surface morphology of the cutting blades is at least as important for their operational properties. This was already indicated by the preliminary research of the authors of the article, in which it was found that the surface topography significantly affects their durability depending on the applied value of the cutting speed in dry machining conditions and in the presence of a cooling lubricant. As it turned out, contrary to the literature data, blades made of sintered HSS do not have better service properties in all cutting conditions than blades made by conventional methods (e.g., in forging and hot rolling processes). Hence, it was necessary to determine the justified range of use of both types of steel for cutting blades. Cutting blades with a similar chemical composition from conventional high-speed steel and those produced in the powder metallurgy process were tested. Wear curves were determined on the basis of the tests. On this basis, for the assumed value of the blunting index, the tool life of the cutting edges was determined during the cutting of selected structural steel, commonly used for high-strength machine parts. Tests of the cutting ability of the blades were carried out without and with the use of a cooling--lubricating liquid. In order to correctly interpret the obtained results of the wear and durability tests of the cutting edges, verification tests were carried out. A detailed analysis of the research material made it possible to determine the recommended range of applicability of conventional and sintered HSS for the tested case.

Review of the global evolution of regulations on single-use plastics and lessons drawn for Canada.

Plastic pollution is a global problem and many countries are strengthening their regulations to mitigate the related environmental degradation and health risks and to support the development and deployment of circular economy for various types of plastics. As Canada also develops its strategy for regulating single-use plastic as one element of the plastic pollution, aligned federal and provincial policies are essential. This study presents an analysis of existing and emerging policies to provide guidance on Canada's future regulations. Qualitative and quantitative data regarding plastic regulations were gathered from similar countries including Australia, the United Kingdom, the European Union, the United States and relevant scientific articles. Analysis was also conducted of current Canadian regulations that both impact and guide the path for plastic regulation, international examples provided guidance for future Canadian regulations. The analysis found that there is a need for public education on the gravity of plastic pollution to gain their support; for establishing pioneering provinces or cities in plastic regulations to learn from and provide other cities with support; and to start with banning items with available alternatives, to be followed by phasing out other items that are more difficult to replace. The study also showed potential areas of improvement in impact data. The need for reliable regulatory performance data against a baseline scenario; consistency in methodology; and proper scoping to reduce the risk of displacement or exclusivity in policy were identified.

Abortion, euthanasia, and the limits of principlism.

Principlism is an ethical framework that has dominated bioethical discourse for the past 50years. There are differing perspectives on its proper scope and limits. In this article, we consider to what extent principlism provides guidance for the abortion and euthanasia debates. We argue that whilst principlism may be considered a useful framework for structuring bioethical discourse, it does not in itself allow for the resolution of these neuralgic policy discussions. Scholars have attempted to use principlism to analyse the ethics and legality of abortion and euthanasia; but such efforts are methodologically problematic. We close with a consideration of the proper scope of principlism in bioethics-a vision that is more modest than the manner in which principlism is often deployed in contemporary academic bioethics and medical education.

ENVIRONMENTAL PROTECTION LEGAL FRAMEWORK IN PAKISTAN: CHALLENGES AND RECOMMENDATIONS

This research evaluated environmental impact assessment (EIA) advocates in Punjab, Pakistan, in order to evaluate their contributions to the profession and the obstacles they confront. The anticipated involvement of project proponents in EIA was calculated using regulations, guidelines, and suggestions. To evaluate the efforts of proponents, viewpoints from the Environmental Protection Agency (EPA), non-governmental organisations (NGOs), and consultants were extracted from the available literature. In Punjab, forty semi-structured interviews with proponents from the commercial and public sectors were undertaken to learn about the difficulties they encountered at each stage of the EIA process. It is very rare for projects to begin before receiving a permission to safeguard the local environment. In the majority of situations, proper scoping is disregarded. EIA does not significantly engage stakeholders. When project proponents fail to provide consultants with all relevant project information, the quality of the report is compromised and timely decisions are delayed.Even some supporters attempt to sway the evaluation and decision-making procedure, and with the exception of a few multinational corporations, no one can guarantee that the approval requirements will be satisfied. The decision by the EPA to distinguish between public and private initiatives was a significant source of worry for advocates. The lack of professionalism and hazy decision-making of some experts also contributed to the situation. Despite the study's regional focus, its conclusions are relevant to EIA systems worldwide, particularly in nations with similar economic systems that confront the same trade-off between economic growth and environmental sustainability. Keywords:Development; Environment; Pakistan; Punjab; Sustainability

Psychedelics, Meaningfulness, and the "Proper Scope" of Medicine: Continuing the Conversation.

Psychedelics such as psilocybin reliably produce significantly altered states of consciousness with a variety of subjectively experienced effects. These include certain changes to perception, cognition, and affect,1 which we refer to here as the acute subjective effects of psychedelics. In recent years, psychedelics such as psilocybin have also shown considerable promise as therapeutic agents when combined with talk therapy, for example, in the treatment of major depression or substance use disorder.2 However, it is currently unclear whether the aforementioned acute subjective effects are necessary to bring about the observed therapeutic effects of psilocybin and other psychedelics. This uncertainty has sparked a lively-though still largely hypothetical-debate on whether psychedelics without subjective effects ("nonsubjective psychedelics" or "non-hallucinogenic psychedelics") could still have the same therapeutic impact, or whether the acute subjective effects are in fact necessary for this impact to be fully realized.3,4,5.

Is Death Irreversible?

There are currently two legally established criteria for death: the irreversible cessation of circulation and respiration and the irreversible cessation of neurologic function. Recently, there have been technological developments that could undermine the irreversibility requirement. In this paper, I focus both on whether death should be identified as an irreversible state and on the proper scope of irreversibility in the biological definition of death. In this paper, I tackle the distinction between the commonsense definition of death and the biological definition of death to show that even the commonsense concept of death is specified by biological facts. Resting on this argument, I argue that any definition of death is a posteriori. Thus, irreversibility is part of any definition of death because the actual phenomenon of death is irreversible. In addition, I show that the proper domain of irreversibility in a definition of death is circumscribed by physical possibilities and that irreversibility in the definition of death refers to current possibilities for the reversal of relevant biological processes. I conclude that, despite recent technological advancements, death is still irreversible.

The proper scope of government reconsidered: Asymmetric information and incentive contracts

We revisit the contract-theoretic literature on privatization initiated by Hart et al. (1997). This literature has two major shortcomings. First, it is focused on ex-ante investment incentives, whereas ex-post inefficiencies which are ubiquitous in the real world cannot be explained. Second, ownership does not matter when incentive contracts can be written. Both shortcomings are due to the fact that this literature has studied the case of symmetric information only. We explore how asymmetric information leads to different kinds of ex-post inefficiencies depending on the ownership structure. Moreover, we show that under asymmetric information ownership matters even when incentive contracts are feasible.

Proper Scoping of Data Science: A Guide for Policy Makers

Proper Scoping of Data Science: A Guide for Policy Makers

Viewing humanitarian project closure through the lens of an ethics of the temporary

PurposeIn this paper, the authors propose a new lens to examine international humanitarian organizations' responsibilities in the context of project closure, what authors call “an ethics of the temporary”. The authors offer this as an orienting ethical ideal to facilitate the moral imagination of humanitarian planners, practitioners and stakeholders.Design/methodology/approachThe authors drew on recent philosophical work on responsibilities for global justice to analyze an ethical concern inherent to humanitarian practice, the proper scope of responsibility in the context of closure of humanitarian projects.FindingsThe ethics of the temporary includes four elements: situating humanitarian action temporally with attention to the past and how it shapes a current crisis and crisis response, focusing attention on anticipating and seeking to mitigate potential harm, promoting sustainability and greater equity going forward and emphasizing inclusive, collaborative approaches. The authors propose a set of questions that can foster discussion and reflection about the scope of humanitarian responsibilities at project closure.Practical implicationsAlthough the authors' work is primarily conceptual, it has many practical implications for humanitarian policy and practice. It can support critical reflection and offers a process for considering the scope of responsibility at project closure and decisions around how to close a given intervention in a manner that avoids causing harm and advances equity.Originality/valueVery little work has been done on ethical closure of humanitarian projects. Most literature offers critiques. This essay contributes a new approach to closure, the ethical ideal and practice of an ethics of the temporary.

The Coronation Oath

Over the past thirty years questions have been raised, and still remain, as to the proper scope of the sovereign's title, Defender of the Faith, in a multi-faith society. Such questions are not only politically important but are legally important, especially as they raise questions affecting the Church of England. Those questions need to be addressed before any suggested changes are actually implemented. These questions are different from those that arise in relation to the Coronation Oath Act 1688, but nonetheless are important. In spite of the uncompromising wording of that Act, changes to the oath taken by new sovereigns have historically taken place at subsequent coronations. This has led to both denials and affirmations of the legality of such changes. As similar changes are likely to take place in the future, it is important to consider whether the courts (civil or ecclesiastical) have jurisdiction to entertain challenges to the legality of the coronation itself, to the oath and to the actions of the relevant participants.

To Whom Are Directors’ Duties Owed? Evidence from Canadian M&A Transactions

One of the most contentious issues in corporate law is the proper scope of fiduciary duties. Many scholars have argued that fiduciary duties are owed exclusively to shareholders, while others have advocated a broader conception of directors’ fiduciary obligations, potentially encompassing a wide variety of stakeholder and community interests. This debate has both normative and positive dimensions: Not only are there theoretical disagreements as to whom directors’ duties should be owed, there are also more basic disagreements as to what the law actually requires, including the extent to which business norms supplement (or undermine) legal rules. In Canada, at least, jurisprudential and statutory reforms have broadened the scope of fiduciary duties to extend their protections to stakeholder groups including creditors, employees, and the environment.
 Or have they? In reality, there are reasons to believe that legal standards play a limited role in corporate governance, not least with respect to the fundamental question of in whose interests the corporation is to be governed. For public corporations, a variety of factors, including the professional norms of corporate managers, the realities of public financial markets, and the central role of shareholders in the mechanisms of corporate democracy, strongly encourage directors to prioritize shareholder interests. This article finds evidence of this phenomenon through an empirical study of “fiduciary out” provisions in Canadian M&A agreements. These provisions, which allow directors to abandon committed transactions in order to fulfill their fiduciary duties, are almost universally drafted in terms of maximizing shareholder value. Indeed, in two samples containing more than one thousand M&A agreements, only a single agreement permitted directors to consider non-shareholder interests. This evidence indicates that fiduciary duties are broader in theory than in practice.