Reasonable Decisions Research Articles

Legal methods of comparative research: the latest role in the conditions of globalization processes

This article is devoted to the study of legal methods of comparative direction in the conditions of globalization. Special attention is paid to the question of the growth of the role of the comparative legal method, the methodology of its implementation, as well as the factors that determine the growth of its role. First, it was noted that after the Second World War, the generally recognized principles of international law were developed and written down in the UN Charter and other fundamental international legal documents. Acting as a product of customary international law, that is, as a result of the practice of civilized nations in relations between themselves and with societies, they have acquired a universal character, which puts them «at the top» of the world legal order. Such principles as respect for human rights, state sovereignty, territorial integrity of states have received universally recognized content. In many European states, they have «direct effect», acquiring a constitutional character. This means that a new phenomenon has been created within national legal systems, which really consists of a common archetype present in the constitutional system of every civilized state. The second, comparative law, is currently used as a tool for judicial investigation of a legal case, and therefore - the reasoning of a court decision. This approach is widespread in the practice of the highest courts of states and especially the European Court of Human Rights (ECtHR).
 After the Second World War, there was not a single significant legislative project that was not, to one degree or another, accompanied by extensive legal methods of comparative research. This approach should be reflected in the practice of reforms in Ukraine. It is important to emphasize that the comparative approach is characteristic not only for science, but also for law-making and law-enforcing bodies (courts). An adequate methodology of the comparative legal approach takes into account a complex understanding of the law itself (written and unwritten), as well as its broad social context.
 In addition, the change in the nature of international law, the creation in the last three decades of full-fledged regional legal systems, for example, the European legal system, as well as the strengthening of their interaction with national legal systems, necessitate the use of so-called «vertical methods» of comparative research.

Secondary School Athletic Trainers' Experiences Managing Workplace Organizational- Professional Conflict.

Athletic trainers (ATs) face organizational-professional conflict (OPC), often surrounding return-to-sport decisions. To prioritize patient safety and establish a healthy work environment, OPC must be mitigated, yet little research has determined how ATs manage conflicts with stakeholders. To explore ATs' experiences with OPC in the secondary school setting. Qualitative study. Telephone interviews. 16 ATs (9 females, 7 males; age = 43±11 years; years certified = 17±9; years in their current positions = 9±6). We digitally recorded telephone interviews and had them professionally transcribed. Data saturation guided recruitment efforts, and was met. To ensure rigor and trustworthiness of the data, we completed basic member checks along with multiple analyst triangulation. We analyzed the qualitative data using an interpretive phenomenological approach. Four themes emerged: effective communication, professional relationships, stakeholder education and professional experience. Participants used effective communication described as frequent, open, and direct, during interactions with stakeholders to manage OPC. OPC was reduced when ATs built professional relationships with stakeholders centered on trust and respect. Participants used stakeholder education as a primary strategy for managing OPC by educating stakeholders about prognosis and return-to-sport timelines post-injury and providing rationale for decisions made. Additionally, years of experience served as a mitigating factor of conflict, in that as ATs gained experience and confidence, they perceived less OPC. Participants suggested various interpersonal relationship development strategies that can be implemented to manage OPC, especially when starting a new position or building rapport with stakeholders. Specifically, educating various stakeholders on reasons for clinical decisions via effective communication and developing strong professional relationships built on mutual respect assisted in avoiding OPC. Since professional experience appears to alleviate conflict, OPC management strategies should be taught during professional preparation and used early during transition to autonomous practice.

The heuristic divergence between community reporters and child protection agencies: Negotiating risk amidst shifting sands

BackgroundChildren enter the statutory part of ‘notify-investigate’ child protection systems via the reports of others, combined with acceptance by the statutory agency. This key nexus determines entry or deflection from statutory child protection services. ObjectiveTo examine the decision reasoning and processes of community (non-governmental organisation) workers that underpin reports to statutory services. Participants and settingParticipants are non-governmental organisation (NGO) workers in Aotearoa New Zealand. MethodsThe methods are focus groups, interviews and a ‘think – aloud’ vignette-based protocol, used to elicit reporting decision rationales and experiences. Theoretical concepts of heuristics, institutional co-responsibility, and policy change are used to explore the study findings. ResultsMost cases are reported only after NGO workers ‘build a picture’ in the context of relationships with families and efforts to address risks. Reporting is a last resort option and occurs after ‘tipping point’ changes in the balance of protective and risk factors. Participants note a rising threshold and changes to the criteria for report acceptance by Oranga Tamariki (the statutory agency) in recent years, due to changing policy aims, abuse definitions, an ‘add value’ principle, and workload pressures. This heuristic change results in many reports not accepted or acted on, leading to frustration, anxiety, and ethical ambivalence for NGO workers. ConclusionsThe rising threshold and ‘adding value’ principle while aimed at collective responsibility to family issues, is perceived by NGO workers as a deflection heuristic by Oranga Tamariki. In their view, it is applied too broadly, acts as a blunt tool that does not account for differences in role and power, and is used to deflect risk responsibility. Implications for children and whānau, (extended families) the possibilities for ‘co-responsibility’, ethical reasoning, and the data generated by reports are discussed.

The industry peer effect of enterprise ESG performance: the moderating effect of customer concentration

This study empirically explores the industry peer effect on enterprise environmental, social, and governance (ESG) performance, and the impact of customer concentration on this effect. The results show that the ESG performance of listed firms has a significant industry peer effect and that customer concentration can inhibit the industry peer effect. After a series of robustness and endogeneity tests, the conclusions remained robust. Further analysis demonstrated that “management reputation consideration” and “competitive imitation” are potential drivers of the ESG performance peer effect. Moreover, customer concentration inhibited the industry peer effect on ESG performance by reducing agency costs and easing financing constraints. Heterogeneity analysis suggests that the inhibitory effect of customer concentration on ESG peer effect is more salient when the enterprise governance level is relatively poor and the market position is relatively low. The economic consequence test demonstrates that the industry peer effect on enterprise ESG performance reduces firm value, while customer concentration increases firm value by mitigating the ESG performance peer effect. This study reveals the industry interaction aggregation phenomenon of enterprises’ ESG performance and its economic consequences, providing significant empirical evidence for enterprises to make reasonable ESG investment decisions.

Management of cerebrospinal-fluid-related intracranial abnormalities in frontoethmoidal encephalocele using "Shunt algorithm for frontoethmoidal encephalocele" (SAFE).

A cerebrospinal-fluid-related (CSF-related) problem occurred in 25-30% of frontoethmoidal encephalocele (FEE) cases. Since there was no algorithm or guideline, the judgment to treat the CSF-related problem often relies upon the surgeon's experience. In our institution, the early shunt was preferable to treat the problem, but it added risks to the children. We developed an algorithm, "Shunt Algorithm for Frontoethmoidal Encephalocele" (SAFE), to guide the surgeon in making the most reasonable decision. To evaluate the SAFE's efficacy in reducing unnecessary early shunting for FEE with CSF-related intracranial abnormality. Medical records of FEE patients with CSF-related abnormalities treated from January 2007 to December 2019 were reviewed. The patients were divided into two groups: before the SAFE group as group 1 (2007 - 2011) and after the SAFE group as group 2 (2012 - 2019). We excluded FEE patients without CSF-related abnormalities. We compared the number of shunts and the complications between the two groups. One hundred and twenty-nine patient's medical records were reviewed. The males were predominating (79 versus 50 patients) with an average age of 58.2±7.1 months old (6 to 276 months old). Ventriculomegaly was found in 18 cases, arachnoid cysts in 46 cases, porencephalic cysts in 19 cases, and ventricular malformation in 46 cases. Group 1, with a score of 4 to 7 (19 cases), received an early shunt along with the FEE repair. Complications occurred in 7 patients of this group. Group 2, with a score of 4-7, received shunts only after the complication occurred in 3 cases (pseudomeningocele unresponsive with conservative treatment and re-operation in 2 cases; a sign of intracranial hypertension in 1 case). No complication occurred in this group. Groups 1 and 2, with scores of 8 or higher (6 and 8 cases, respectively), underwent direct shunt, with one complication (exposed shunt) in each group. The SAFE decision algorithm for FEE with CSF-related intracranial abnormalities has proven effective in reducing unnecessary shunting and the rate of shunt complications.

Technostress Phenomenon as a Silent Impact of ICT Era: Case Study Indonesian Female Civil Servants

The transition of work systems from traditional systems to information, communication and technology (ICT)-based work systems after Covid 19 has had certain impacts on employees in all government offices in the world. The implementation of the work from home (WFH) policy established by a number of government offices in Indonesia is a reasonable decision to anticipate the spread of Covid 19 and implement a new normal work system. The transition from traditional work systems to new ICT-based and online work systems has had a direct and indirect impact on human life, especially civil servants in government offices in Indonesia. There are silent actors who are most affected, suchus women or mothers employee, because they have dual roles, household work and office work. This research was conducted to analyze the factors that driving technostress in female civil servants when working ICT-based or online. The study aims to carry out advocacy and provide recommendations for solutions to related parties. This research method uses a qualitative approach. The research analysis show that there are several factors that trigger technostress in female civil servants in Indonesia, such as unlimited working hours, when children or family members are sick, have to caring babies or toddlers while working virtually, technological capabilities issue, signal and network issue, limited facilities during WFH, unavailability of household assistants/caregivers, and so on. Based on the results of research and data analysis, this research recommends that even though WFO or WFH with working ICT -base system are implemented, the Indonesian Government must continue to make policy regulations regarding maximum working time hours for civil servants, especially female researchers in Indonesia. This is to avoid excessive and inefficient working time which can result in technostress. The ICT work system teaches us to change our lifestyle by prioritizing health and a balanced work system.

The Evaluation of the Impact of Meteorological and Marine Environment on the Combat Effectiveness of Surface Ships

In recent years, the evaluation of the impact of meteorological marine environment on the combat effectiveness of surface ships has been an important content and hot topic in military oceanography research and naval battlefield support. In this paper, the analytic hierarchy process is adopted to establish the hierarchical structure of the evaluation model, determine the weights of each index, and quantitatively evaluate the proportion of the influence of wind, sea wave, rain, visibility, atmospheric waveguide, and other factors on the combat effectiveness of surface ships. Combined with marine hydrometeorological data examples, fuzzy comprehensive evaluation method is used to evaluate the index system, which can provide scientific and reasonable decision-making reference for ship commanders.

An extended multi-expert concept lattice-based heterogeneous multi-attribute group decision-making approach

In practical multi-attribute group decision-making (MAGDM) problems, it is common to utilize heterogeneous representation forms to express distinct preference information for different experts, primarily due to their diverse backgrounds. To address the problem of reducing information loss from the aggregation of experts' opinions in heterogeneous MAGDM as well as improving the interpretability of the decision-making process, this paper introduces a concept lattice-based heterogeneous MAGDM approach. The heterogeneous multi-expert formal context is first proposed to capture the heterogeneous evaluation information of alternatives provided by different experts. Then, extended multi-expert concept lattices are constructed to aggregate evaluation information of alternatives by different experts. In this case, all concepts are considered to minimize information loss during the aggregation process. Second, to obtain more reasonable decision results, the distance between the concept intents and the heterogeneous positive and negative ideal solutions is considered, and the alternatives are ranked based on this measure. In addition, the MAGDM process for each alternative is visualized using the extended multi-expert concept lattices. This representation aids in identifying key concepts, their interdependencies, and the overall impact on the decision result. Finally, numerical examples and comparative analysis validate the validity and rationality of the proposed approach in heterogeneous MAGDM.

A critical view on using "life not worth living" in the bioethics of assisted reproduction.

This paper critically engages with how life not worth living (LNWL) and cognate concepts are used in the field of beginning-of-life bioethics as the basis of arguments for morally requiring the application of preimplantation genetic diagnosis (PGD) and/or germline genome editing (GGE). It is argued that an objective conceptualization of LNWL is largely too unreliable in beginning-of-life cases for deriving decisive normative reasons that would constitute a moral duty on the part of intending parents. Subjective frameworks are found to be more suitable to determine LNWL, but they are not accessible in beginning-of-life cases because there is no subject yet. Conceptual and sociopolitical problems are additionally pointed out regarding the common usage of clear case exemplars. The paper concludes that a moral requirement for the usage of PGD and GGE cannot be derived from the conceptual base of LNWL, as strong reasons that can be reliably determined are required to limit reproductive freedom on moral grounds. Educated predictions on prospective well-being might still be useful regarding the determination of moral permissibility of PGD and/or GGE. It is suggested that due to the high significance of subjective experience in the normativity of beginning-of-life bioethics, the discipline is called to more actively realize the inclusion of people with disabilities. This regards for instance research design, citation practices, and language choices to increase the accessibility of societal debates on the reproductive ethics of genetic technologies.

Hybrid Prompt Recommendation Explanation Generation combined with Graph Encoder

Recommendation systems have been effectively utilized in various fields, but their internal decision-making methods are still largely unknown. This opaque decision-making method can greatly affect users’ trust in the recommendation system. Therefore, finding a way to explain the reasons for model decisions has become an urgent task. Previous studies often used LSTM and other models to generate recommendation explanations and explain the reasons for recommendations in text form. However, traditional methods cannot effectively use the ID information of users and items, and the text generated is highly repetitive. To solve this problem, this paper uses the method of prompt learning combined with a graph encoder to design a recommendation explanation generation model. In order to narrow the semantic gap between the ID information of users and items and natural language and capture high-level interaction information, this paper designs a graph encoder based on user similarity to learn the interactive semantic information of user and item IDs, and to construct a continuous prompt. Then, the discrete prompt composed of discrete features of users and items is combined with the continuous prompt to construct a hybrid prompt to input into the pre-trained model to generate the recommended explanation. This paper experiments on three publicly available datasets and compares them with several state-of-the-art methods to demonstrate the personalization and text quality of the generated explanations.

Legal Reasoning Judge's Decision in Civil Cases

Introduction: Civil Procedure Law is a legal regulation that regulates how to ensure compliance with material civil law through the mediation of a judge. If there is a person or several people who feel that their rights have been violated or have caused harm to them, then they can file a claim for their rights through the court. Objective: This research aims to know, understand, and discover the nature of legal reasoning (legal reasoning) regarding a Judge's decision in a civil case and to know, understand, and discover the juridical position of legal reasoning (legal reasoning) regarding the Judge's decision in a civil case; and to know and understand the factors that influence legal reasoning (legal reasoning) the Judge's decision in a civil case. Method: The method used by researchers here is: In this research, combining two types of research, namely in this type of research, the researcher conducts research by combining both Normative and Empirical research with a Qualitative approach related to legal reasoning of judges' decisions in civil cases. Result: The research results show that: 1) The nature of legal reasoning (Legal Reasoning) The Judge's Decision in Civil Cases is an effort made by using a scientific approach in seeking the truth regarding the upholding of norms based on Law Number 48 of 2009 Article 1 Paragraph 1 Concerning Judicial Power and in essence thinking, using, developing or controlling problems in the legal field by using reason, or what can be called legal reasoning. 2) Juridical Position of Legal Reasoning (Legal Reasoning) Regarding the Judge's Decision in Civil Cases, it can be seen from the aspect of justice that it is a logical implementation of legal norms in the sociological dimension of law, from the aspect of the truth of a decision, legal reasoning is a consequent form of the logical and analytical nature of law. 3) Factors that influence this include Legal Culture Factors, Knowledge and Understanding of the Law Factors, and Evidence Factors. Conclusion: The Essence of Legal Reasoning (Legal Reasoning) of Judges' Decisions in Civil Cases is an effort made by using a scientific approach in seeking the truth regarding the upholding of norms based on Law Number 48 of 2009 Article 1 Paragraph 1 Concerning Judicial Power and in essence thinking, using, developing or controlling a problem in the legal field by using reason, or what could be called legal reasoning.

Mine wind speed sensor location selection based on decision tree theory

Abstract In order to realize the scientific layout of underground roadway sensors, based on the information entropy theory, the decision tree algorithm is applied to the location selection of the underground wind speed sensor. Taking the air volume traversing the entire network branch as the goal, the node air volume balance and the characteristic relationship between air volume and wind pressure as the constraints, the conventional layout data of the mine wind speed sensor is selected as the training sample, and the reasonable decision node is selected by measuring the uncertainty of the characteristic attribute. The research shows that the smaller the information entropy of the layout elements, the greater the weight in determining the sensor location. The classification conditions obtained by the wind speed sensor are, in descending, order: airflow disturbance, roadway support, distance from the inlet (return) and outlet, and roadway type. Algorithms are applied to effectively combine downhole sensor siting with historical data containing unambiguous results.

Exergoeconomic and exergoenvironmental analyzes of a new biomass/solar-driven multigeneration energy system: An effort to maximum utilization of the waste heat of gasification process

In addition to improving the sustainability and thermodynamic efficiencies of an energy conversion system, a solar/biomass-driven integrated energy system can also reduce environmental impacts. The current work presents a detailed evaluation (thermodynamic simulation and exergoenvironmental and exergoeconomic analyzes) of a solar/biomass-powered multigeneration energy system (MGES). Accordingly, four units were considered for electric power generation. A linear Fresnel concentrator (LFC)-driven solar farm, a municipal solid waste (MSW) gasification cycle, an alkaline water electrolyzer (AWE) unit (to produce hydrogen gas), and a multi effect desalination (MED)-based Seawater desalination cycle are also considered in the MGES. A multi-objective optimization (regarding the technical, cost, and environmental objective functions) was also developed for the offered MGES. The proposed configuration for the MGES has a new components process that had not been reported in the publications. The power generation level was improved by utilizing the energy available in waste heat in the different downstream units. The offered MGES can generate 154.1 MW of electrical power, ∼ 280 kg per day of hydrogen gas, and 265.4 m3/h of fresh water. Meantime, the offered MGES can 38.8 % and 32.2 % efficient in terms of energy and exergy, respectively. Besides, the LCOE value and the environmental impacts index for the offered MGES were approximately 3.82 USD/GJ and 0.545 Pts/GJ, respectively. Also, raising the syngas temperature at the inlet of the combustion chamber can be a reasonable decision from the exergetic, economic and (especially) environmental standpoints.

Examination of secondary school students’ conceptual understanding, perceptions, and misconceptions about genetics concepts

Genetics concepts is taught at secondary school to equip students with relevant knowledge to engage with related socio-scientific issues in order to make a reasonable decision. However, earlier research shown that students exhibited poor comprehension of this concept. Despite several interventions, this problem persists. This study was designed to examine senior school students’ conceptual understanding, perceptions and misconceptions about genetics concepts as well as the causes of the misconceptions identified. The mixed methods design was adopted, while 789 students participated. Five instruments were used, while data collected were descriptively and content-analyzed. The results revealed that 21.4% of the students understood genetics concepts, 27.6% did not, while 51.0% had misconceptions. Students had negative perception of genetics concepts (<i>x</i> =2.47) and genetics contents indicator was the major causes of students’ misconceptions (<i>x</i> =2.92) against the 2.50 threshold. The teaching and learning of genetics concepts should be supported with relevant instructional materials and detailed textbooks.

Factors Involved in Shared Decision-making Regarding Treatment Selection by Patients With Cancer.

Patients diagnosed with cancer are expected to choose one or more treatment modalities after receiving corresponding explanations of the options. When making these choices, patients consider the effects of treatment and aspects related to their quality of life. These concerns can cause confusion and conflict owing to the complicated information provided by medical caregivers. The objective of the study was to identify perceptions of cancer treatment in patients with cancer and the decision-making factors affecting their treatment choices. In this observational (cross-sectional) study, an online questionnaire survey was administered to 194 Japanese cancer patients with treatment experience. Patient information, perceptions of explanations provided by healthcare professionals, treatment views, and reasons for treatment decisions were subjected to a simple tabulation. Content and factor analysis was conducted to determine important treatment selection elements. Regarding treatment perception, 60.3% of respondents (n=117) considered treatment a financial and family burden, 47.4% (n=92) had concerns about physical pain, and 40.2% (n=78) were worried about increased stress. Regarding decision-making quality, 95.9% determined their preferred treatment within one week, 49.0% reported difficulties in making their decisions, and 83.0% chose their treatment themselves. Major decisive factors were prolonging life, opinions of medical staff, and accepting treatment risks (68.0%, 68.6%, and 60.3% of patients, respectively). The main attitudes toward treatment were anxiety, expectations of benefit, and expectations of support and care. SDM should enable patients to visualize the changes that their bodies will experience and include discussions on prognosis. Psychological care should be prioritized to alleviate anxiety and improve readiness for decision-making; attention should be paid to the extent and timing of information provision.

Optimal Project Portfolio Selection Considering Cascading Failure Among Projects

A novel model is proposed for optimal project portfolio selection (PPS). Different from previous PPS methods that consider the interdependence, interaction, or synergy relationships among projects, this article considers the cascading failure process caused by these relationships. Specifically, we first construct a PP network (PPN) and determine the initial load and capacity of the projects (nodes). Afterward, we simulate the cascading failure process by attacking one or more projects in the PP and distribute the load of the failed projects to nonfailed neighboring projects. The cascading failure process ends until no project fails. Finally, we propose a new indicator to measure and compare each PPN's cascading failure results, based on which the optimal PP is selected. A numerical experiment is conducted to depict the PPS process. The results of this study provide guiding implications for project portfolio management decision-makers, helping them consider PPS problems from a new perspective and make more reasonable decisions.

Mutual Influence Mechanism and Optimization Strategy of University Town and Urban Economic Growth Based on Time Series Forecasting Model

Abstract University towns and urban economic growth have important interactions, and time series forecasting models can enable urban planners to better clarify the relationship between the two so as to make more scientific and reasonable decisions. Based on the time series forecasting model constructed in this paper, this paper analyzes and forecasts the relationship between university cities and urban economic growth in C. The main conclusions of this paper are that the p-value of ARIMA(0,2,3) and ARIMA(1,1,1) models is lower than 0.05, and the prediction accuracy of ARIMA(1,1,1) model is higher than that of ARIMA(0,2,3) and ARIMA(1,1,1) model in the prediction of the two. ARIMA(0,2,3) with predicted values of 27631.3, 31541.5, and 24412.45, and the error values from the actual values are only 304.98, 1997.49, and 867.95. This paper’s time series prediction model has achieved good results, as evidenced by this. Y1 shows a highly positive correlation with X1, X3, and X4 and a significant positive correlation with X2, which leads to the conclusion that the total amount of investment in urban construction of the university city of C city has a substantial relationship with the economic growth of C city.

Bioética clínica, deliberação e digitalização da medicina

Abstract The development of cognitive technologies and the robotization in health care may intensify the relational distance between healthcare professionals and patients. Therefore, bioethical reflection is essential to find the most appropriate means to integrate the benefits of digital technologies into health care, ensuring ethical care. Thus, bioethics provides healthcare professionals and patients with discursive resources, aiming to enable the most prudent and reasonable decision-making. The exercise of communicative competence is crucial in the process of digitalizing medical activities and in the use of data analysis through artificial intelligence. Deliberative practice and patient-centered medical care are the ethical directives for the introduction of computational technology in medicine, preserving humanized and dialogical health care.

Ethical reasoning in medical decisions: the physician-patient dilemma

Ethical reasoning in medical decisions: the physician-patient dilemma

Eugenic Continuities: Youth, Sex, Disability, and the Rise of Liberal Eugenics in the Late Twentieth Century

Abstract: This article places the landmark 1986 Supreme Court of Canada decision E. (Mrs.) v. Eve within its avowedly anti-eugenic context. Then it compares the trial record and appellate documents of Eve to the notorious 1927 American case Buck v. Bell . It outlines the legal reasoning of the Eve decision, its reception, and the different trajectories of law in the US, the UK, and Australia. These multiple points of historical comparison expose a series of unresolved eugenic continuities in the politics of youth, sex, and disability. The interpretation challenges more conventional definitions, periodization, and understandings of eugenics, drawing attention to the formation of "liberal" eugenics in the late twentieth century.