1,136 research outputs found

    Adam Smith and the theory of punishment

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    A distinctive theory of punishment plays a central role in Smith's moral and legal theory. According to this theory, we regard the punishment of a crime as deserved only to the extent that an impartial spectator would go along with the actual or supposed resentment of the victim. The first part of this paper argues that Smith's theory deserves serious consideration and relates it to other theories such as utilitarianism and more orthodox forms of retributivism. The second part considers the objection that, because Smith's theory implies that punishment is justified only when there is some person or persons who is the victim of the crime, it cannot explain the many cases where punishment is imposed purely for the public good. It is argued that Smith's theory could be extended to cover such cases. The third part defends Smith's theory against the objection that, because it relies on our natural feelings, it cannot provide an adequate moral justification of punishment

    Justice and Legal Reasoning

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    Abortion in Northern Ireland: has the Rubicon been crossed?

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    On 7 June 2018, the Supreme Court delivered their long anticipated ruling on whether the abortion laws in Northern Ireland are compatible with the European Convention on Human Rights. Although the case was dismissed on procedural grounds, a majority of the court held that, obiter, the current Northern Irish law was incompatible with the right to respect for private and family life, protected by Article 8 ECHR, “insofar as it prohibits abortion in cases of rape, incest and fatal foetal abnormality”. This Supreme Court decision, seen alongside the May 2018 Irish referendum liberalising abortion, and the 5 June 2018 Parliamentary debate seeking to liberalise abortion laws in Northern Ireland and the rest of the UK, places renewed focus upon the abortion laws of Northern Ireland and Great Britain, which suggests that the ‘halfway house’ of the Abortion Act 1967 Act finally be close to being reformed to hand the decision of abortion to women themselves

    Sample-ready multiplex qPCR assay for detection of malaria

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    BACKGROUND: Microscopy and antigen detecting rapid diagnostic tests are the diagnostic tests of choice in management of clinical malaria. However, due to their limitations, the need to utilize more sensitive methods such as real-time PCR (qPCR) is evident as more studies are now utilizing molecular methods in detection of malaria. Some of the challenges that continue to limit the widespread utilization of qPCR include lack of assay standardization, assay variability, risk of contamination, and the need for cold-chain. Lyophilization of molecular assays can overcome some of these limitations and potentially enable widespread qPCR utilization. METHODS: A recently published multiplex malaria qPCR assay was lyophilized by freezing drying into Sample-Ready™ format (MMSR). MMSR assay contained all the required reagents for qPCR including primers and probes, requiring only the addition of water and sample to perform qPCR. The performance of the MMSR assay was compared to the non-freeze dried, “wet” assay. Stability studies were done by maintaining the MMSR assays at four different ambient temperatures of 4°C, room temperature (RT), 37°C and 42°C over a period of 42 days, tested at seven-day intervals. Plasmodium falciparum and Plasmodium vivax DNAs were used for analysis of the MMSR assay either as single or mixed parasites, at two different concentrations. The C(T) values and the standard deviations (SD) were used in the analysis of the assay performance. RESULTS: The limit of detection for the MMSR assay was 0.244 parasites/μL for Plasmodium spp. (PLU) and P. falciparum (FAL) assay targets compared to “wet” assay which was 0.39 and 3.13 parasites/μL for PLU and FAL assay targets, respectively. The MMSR assay performed with high efficiencies similar to those of the “wet” assay and was stable at 37°C for 42 days, with estimated shelf-life of 5 months. When used to analyse field clinical samples, MMSR assay performed with 100% sensitivity and specificity compared to the “wet” assay. CONCLUSION: The MMSR assay has the same robust performance characteristics as the “wet” assay and is highly stable. Availability of MMSR assay allows flexibility and provides an option in choosing assay for malaria diagnostics depending on the application, needs and budget

    Feminist Reflections on the Scope of Labour Law: Domestic Work, Social Reproduction and Jurisdiction

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    Drawing on feminist labour law and political economy literature, I argue that it is crucial to interrogate the personal and territorial scope of labour. After discussing the “commodification” of care, global care chains, and body work, I claim that the territorial scope of labour law must be expanded beyond that nation state to include transnational processes. I use the idea of social reproduction both to illustrate and to examine some of the recurring regulatory dilemmas that plague labour markets. I argue that unpaid care and domestic work performed in the household, typically by women, troubles the personal scope of labour law. I use the example of this specific type of personal service relation to illustrate my claim that the jurisdiction of labour law is historical and contingent, rather than conceptual and universal. I conclude by identifying some of the implications of redrawing the territorial and personal scope of labour law in light of feminist understandings of social reproduction

    Commentaries on the Laws of England : in Four Books

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    “The main purpose in giving to the public a new edition of the Commentaries of Blackstone, was to present the changes in the law which had taken place since the last preceding edition appeared, that the reader, while informing himself concerning the law of England of a century since, might not be misled in respect to its present condition. With this object before him, while avoiding the detail which might be useful to the English practitioner, but which would merely cumber the pages for American use, the editor has sought to indicate the statutory changes sufficiently to give a general idea of the advancement made in the English law since our commentator’s time, and also to enable the American student to compare the law of his own country with the system from which it was derived, as modified by the experience of another land enjoying free institutions under circumstances and with a state of society considerably differing from our own….” --Author’s Preface to the First Edition reprinted in 2nd Ed. “A new edition of this work having become necessary, the editor has made some changes and additions, but not such as will call for special notice here. They consist in the main of references to new cases, though some new notes have been added which may prove of practical value.” --Authors Preface in 2nd Ed.https://repository.law.umich.edu/books/1097/thumbnail.jp

    Commentaries on the Laws of England : in Four Books

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    From Editor\u27s Preface, Volume I: “The Commentaries of Mr. Justice Blackstone have now for more than a century been the wonder and delight of persons whose curiosity or interest have led them to investigate the constitution and laws of Great Britain, the condition of things from which they grew, and the reasons upon which they rest…. “In preparation of the present edition it has not been thought unimportant to call attention from time to time to the differences which exist between the constitutions of Great Britain and of the United States. Some of those differences, however, are too subtle to be put upon paper, and spring from differences in society which are sensibly felt but difficult of description…. “What is new in this edition has been added in the same spirit that has governed the selections from the English notes. As students make more use of this work than practicing lawyers, their information and benefit have been kept mainly in view but references have been made to judicial decisions on many practical questions, and it is hoped they will be found not without their convenience to the profession generally.” --Thomas M. Cooley, Ann Arbor, … 1870https://repository.law.umich.edu/books/1103/thumbnail.jp

    Commentaries on the Laws of England : in Four Books

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    “The Commentaries of Mr. Justice Blackstone have now for more than a century been the wonder and delight of persons whose curiosity or interest have led them to investigate the constitution and laws of Great Britain, the condition of things from which they grew, and the reasons upon which they rest…. “In preparation of the present edition it has not been thought unimportant to call attention from time to time to the differences which exist between the constitutions of Great Britain and of the United States. Some of those differences, however, are too subtle to be put upon paper, and spring from differences in society which are sensibly felt but difficult of description…. “What is new in this edition has been added in the same spirit that has governed the selections from the English notes. As students make more use of this work than practicing lawyers, their information and benefit have been kept mainly in view but references have been made to judicial decisions on many practical questions, and it is hoped they will be found not without their convenience to the profession generally.” --Thomas M. Cooley, Ann Arbor, … 1870https://repository.law.umich.edu/books/1102/thumbnail.jp

    Results of matching valve and root repair to aortic valve and root pathology

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    ObjectiveFor patients with aortic root pathology and aortic valve regurgitation, aortic valve replacement is problematic because no durable bioprosthesis exists, and mechanical valves require lifetime anticoagulation. This study sought to assess outcomes of combined aortic valve and root repair, including comparison with matched bioprosthesis aortic valve replacement.MethodsFrom November 1990 to January 2005, 366 patients underwent modified David reimplantation (n = 72), root remodeling (n = 72), or valve repair with sinotubular junction tailoring (n = 222). Active follow-up was 99% complete, with a mean of 5.6 ± 4.0 years (maximum 17 years); follow-up for vital status averaged 8.5 ± 3.6 years (maximum 19 years). Propensity-adjusted models were developed for fair comparison of outcomes.ResultsThirty-day and 5-, 10-, and 15-year survivals were 98%, 86%, 74%, and 58%, respectively, similar to that of the US matched population and better than that after bioprosthesis aortic valve replacement. Propensity-score–adjusted survival was similar across procedures (P > .3). Freedom from reoperation at 30 days and 5 and 10 years was 99%, 92%, and 89%, respectively, and was similar across procedures (P > .3) after propensity-score adjustment. Patients with tricuspid aortic valves were more likely to be free of reoperation than those with bicuspid valves at 10 years (93% vs 77%, P = .002), equivalent to bioprosthesis aortic valve replacement and superior after 12 years. Bioprostheses increasingly deteriorated after 7 years, and hazard functions for reoperation crossed at 7 years.ConclusionsValve preservation (rather than replacement) and matching root procedures have excellent early and long-term results, with increasing survival benefit at 7 years and fewer reoperations by 12 years. We recommend this procedure for experienced surgical teams

    Dynamic Analysis of a Microgrid Powered With an Inverter and Machine-Based Distributed Resources

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    The proliferation of renewable distributed energy resources, particularly photovoltaic (PV) power systems, and the increasing need for a reliable power supply has led to the concept of microgrids, a mini-grid that consists of locally connected power generation units and needs, able to operate connected or disconnected from the utility grid, using controlled and coordinated methods to provide for the users of the microgrid the best possible conditions for their needs. The main technical issues facing microgrids include some of the following, seamless transition from stand-alone to utility grid connected operation, how to preserve frequency and voltage stability, and provide the lowest cost power among numerous power resources. Technologies that will be used in the future smart grid will be built, tested, and fielded in modern microgrids with many national laboratories, utility companies, and universities using microgrids of all different types for research and development. This dissertation describes the design, fabrication, and testing of a microgrid facility which comprises adjustable resistive and inductive loads, a diesel-powered generator (DG), an advanced inverter PV system, a battery energy storage system (BESS), monitoring, protection, and control devices. The microgrid facility was built with the foresight that it would be used for conducting tests and experiments related to microgrid technical challenges, thus ease of access and expandability were built in which allows it to be used for both research and education purposes. Numerous experimental tests conducted include the following: (a) the dynamic response of a DG to load changes, (b) an advanced PV inverters autonomous functions, (c) advanced inverter islanding test, (d) load sharing among the DG and PV system, (e) PV and battery storage systems load sharing, (d) dynamic performance of an advanced PV inverter and a DG during unintentional islanding under different power export/import conditions, and (e) BESS iv response to utility outage under different PV operating conditions. Attempts to improve reliability and power quality are made by expanding the PV inverter ride-through times during frequency and voltage abnormalities. An economic analysis in terms of Net Present Value (NPV) is conducted on a residential application where a BESS is paired with a PV system to shift solar energy in favor Time-of-Use (ToU) pricing and to provide ancillary grid services
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