Grundnorm and Grounding A modern Metaphysics for Hans Kelsen’s Pure Theory?

This article explores the possibility of reconstructing Hans Kelsen’s neo-Kantian theory of the basic norm (Grundnorm) with the help of the theory of (metaphysical) grounding. First, we outline Kelsen’s theory of the basic norm as an integral part of his neo-Kantian transcendental idealism and give a sketch of grounding theory; we then try to fit these theories together. As it turns out, grounding theory has some internal flaws. More importantly, several of the features of a metaphysical ground are not compatible with the roles which Kelsen ascribes to the basic norm – its roles as a keystone of the legal hierarchy and as a transcendental-logical condition of legal cognition. Finally, an alternative conception is examined, according to which the legal system is grounded not by the basic norm but by social facts, with the basic norm serving as a bridging principle. However, this alternative is flawed as well; its main problem seems to be that it violates the dualism of ‘Is’ and ‘Ought’. The argument is relevant for the concept of personhood, because Kelsen treats the term ‘person’ in law as a mere expression for the unity of a specific set of legal norms, so that the identity of persons is ultimately dependent on the identity and function of the basic norm of the legal system.This research has been financed by the National Science Centre (Poland) within the framework of research project 2021/41/B/HS5/01174. A modified Spanish version of this text was published under the title ‘Grundnorm y fundamentación’ (Heidemann & Zalewska, 2023).Monika Zalewska: [email protected] Heidemann: [email protected] Zalewska - University of Łódź, PolandCarsten Heidemann - Schleswig-Holstein Bar Association, GermanyAudi, P. (2012). A clarification and defence of the notion of grounding. In F. Correia and B. Schnieder (Eds.), Metaphysical grounding: Understanding the structure of reality (pp. 101–121). Cambridge University Press.Bernstein, S. (2016). Grounding is not causation. Philosophical Perspectives, 30, 21–38.Bliss, R., & Trogdon, K. (2021, 6 December). Metaphysical grounding. In Stanford encyclopedia of philosophy. https://plato.stanford.edu/entries/grounding/Chalmers, D. (2018). Conceptual analysis as a guide to grounding [Conference presentation]. ‘The question of ontology’ conference, Madrid.Chilovi, S., & Wodak, D. (2022). On the (in)significance of Hume’s Law. Philosophical Studies, 179, 633–653. Cohen, H. (1885). Kants Theorie der Erfahrung (2nd ed.). Dümmler.Correia, F., & Schnieder, B. (2012). Grounding: An opinionated introduction. In F. Correia and B. Schnieder (Eds.), Metaphysical grounding: Understanding the structure of reality (pp. 1–37). Cambridge University Press.Fine, K. (2012). Guide to ground. In F. Correia and B. Schnieder (Eds.), Metaphysical grounding: Understanding the structure of reality (pp. 37–80). Cambridge University Press.Frege, G. (1986). Der Gedanke. In G. Frege, Logische Untersuchungen (G. Patzig, Ed.) (3rd ed) (pp. 30–53. Vandenhoeck and Ruprecht.Glazier, M. (2020). Explanation. In M.J. Raven (Ed.), Routledge handbook of metaphysical grounding (pp. 121–132). Routledge.Heidemann, C. (2022). Hans Kelsen’s normativism. Cambridge University Press.Heidemann, C. & Zalewska, M. (2023). Grundnorm y fundamentación. In F. Ibarra Palafox, A.F. Carrillo Salgado, J. Hernández Manríquez, & J.C. Muñoz Mendiola (Eds.), Hans Kelsen ante el siglo XXI. Un diálogo critico. Universidad Nacional Autónoma de Mexico, Instituto de Investigaciones Juridicas.Kelsen, H. (1911). Hauptprobleme der Staatsrechtslehre. Mohr.Kelsen, H. (1920). Das Problem der Souveränität und die Theorie des Völkerrechts. Mohr.Kelsen, H. (1922a). Der soziologische und der juristische Staatsbegriff. Mohr.Kelsen, H. (1922b). Rechtswissenschaft und Recht. Erledigung eines Versuchs zur Überwindung der ‘Rechtsdogmatik’. Deuticke.Kelsen, H. (1923). Hauptprobleme der Staatsrechtslehre (2nd ed.). Mohr.Kelsen, H. (1925). Allgemeine Staatslehre. Springer.Kelsen, H. (1928). Die philosophischen Grundlagen der Naturrechtslehre und des Rechtspositivismus. Pan-Verlag.Kelsen, H. (1934). Reine Rechtslehre. Einleitung in die rechtswissenschaftliche Problematik. Deuticke.Kelsen, H. (2023). Ante el siglo XXI. Un diálogo critico (F. Ibarra Palafox, A.F. Carrillo Salgado, J. Hernández Manríquez, & J.C. Muñoz Mendiola, Eds.). Universidad Nacional Autónoma de Mexico, Instituto de Investigaciones Juridicas.Knight, C. (2023, 27 November). Reflective equilibrium. In Stanford encyclopedia of philosophy (Summer 2024 ed.). https://plato.stanford.edu/entries/reflective-equilibrium/Liebmann, O. (1865). Kant und die Epigonen. Schober.Pavlakos, G. (2021). A non-naturalist account of law’s place in reality. In B. Brozek, J. Hage, & N. Vincent (Eds.), Law and mind: A survey of law and the cognitive sciences (pp. 473–489). Cambridge University Press.Rosen, G. (2017). Ground by law. Philosophical Issues, 27(1), 279–301.Schaffer, J. (2012). Grounding, transitivity, and contrastivity. In F. Correia and B. Schnieder (Eds.), Metaphysical grounding: Understanding the structure of reality (pp. 122–138). Cambridge University Press.Schopenhauer, A. (1903). On the fourfold root of the principle of sufficient reason, and on the will in nature: Two essays by Arthur Schopenhauer (M.K. Hillebrand, Trans.) (rev. ed.). George Bell and Sons. https://archive.org/details/onthefourfoldroo00schouoft/page/n7/mode/2upSkiles, A. (2020). Necessity. In M.J. Raven (Ed.), Routledge handbook of metaphysical grounding (pp. 148–163). Routledge.Wallner, M. (2018). The ground of ground, essence, and explanation. Synthese, 198, 1257–1277.Windelband, W. (1907). Präludien (3rd ed.). Mohr.Zalewska, M. (2024). A dynamic approach to Hans Kelsen’s General Theory of Norms. Hart Publishing.293557

SCORE2-Diabetes: 10-year cardiovascular risk estimation in type 2 diabetes in Europe

Aims: To develop and validate a recalibrated prediction model (SCORE2-Diabetes) to estimate the 10-year risk of cardiovascular disease (CVD) in individuals with type 2 diabetes in Europe. Methods and results: SCORE2-Diabetes was developed by extending SCORE2 algorithms using individual-participant data from four large-scale datasets comprising 229 460 participants (43 706 CVD events) with type 2 diabetes and without previous CVD. Sex-specific competing risk-adjusted models were used including conventional risk factors (i.e. age, smoking, systolic blood pressure, total, and HDL-cholesterol), as well as diabetes-related variables (i.e. age at diabetes diagnosis, glycated haemoglobin [HbA1c] and creatinine-based estimated glomerular filtration rate [eGFR]). Models were recalibrated to CVD incidence in four European risk regions. External validation included 217 036 further individuals (38 602 CVD events), and showed good discrimination, and improvement over SCORE2 (C-index change from 0.009 to 0.031). Regional calibration was satisfactory. SCORE2-Diabetes risk predictions varied several-fold, depending on individuals' levels of diabetes-related factors. For example, in the moderate-risk region, the estimated 10-year CVD risk was 11% for a 60-year-old man, non-smoker, with type 2 diabetes, average conventional risk factors, HbA1c of 50 mmol/mol, eGFR of 90 mL/min/1.73 m2, and age at diabetes diagnosis of 60 years. By contrast, the estimated risk was 17% in a similar man, with HbA1c of 70 mmol/mol, eGFR of 60 mL/min/1.73 m2, and age at diabetes diagnosis of 50 years. For a woman with the same characteristics, the risk was 8% and 13%, respectively. Conclusion: SCORE2-Diabetes, a new algorithm developed, calibrated, and validated to predict 10-year risk of CVD in individuals with type 2 diabetes, enhances identification of individuals at higher risk of developing CVD across Europe

Effectiveness of an intensive care telehealth programme to improve process quality (ERIC): a multicentre stepped wedge cluster randomised controlled trial

Purpose!#!Supporting the provision of intensive care medicine through telehealth potentially improves process quality. This may improve patient recovery and long-term outcomes. We investigated the effectiveness of a multifaceted telemedical programme on the adherence to German quality indicators (QIs) in a regional network of intensive care units (ICUs) in Germany.!##!Methods!#!We conducted an investigator-initiated, large-scale, open-label, stepped-wedge cluster randomised controlled trial enrolling adult ICU patients with an expected ICU stay of ≥ 24 h. Twelve ICU clusters in Berlin and Brandenburg were randomly assigned to three sequence groups to transition from control (standard care) to the intervention condition (telemedicine). The quality improvement intervention consisted of daily telemedical rounds guided by eight German acute ICU care QIs and expert consultations. Co-primary effectiveness outcomes were patient-specific daily adherence (fulfilled yes/no) to QIs, assessed by a central end point adjudication committee. Analyses used mixed-effects logistic modelling adjusted for time. This study is completed and registered with ClinicalTrials.gov (NCT03671447).!##!Results!#!Between September 4, 2018, and March 31, 2020, 1463 patients (414 treated on control, 1049 on intervention condition) were enrolled at ten clusters, resulting in 14,783 evaluated days. Two randomised clusters recruited no patients (one withdrew informed consent; one dropped out). The intervention, as implemented, significantly increased QI performance for 'sedation, analgesia and delirium' (adjusted odds ratio (99.375% confidence interval [CI]) 5.328, 3.395-8.358), 'ventilation' (OR 2.248, 1.198-4.217), 'weaning from ventilation' (OR 9.049, 2.707-30.247), 'infection management' (OR 4.397, 1.482-13.037), 'enteral nutrition' (OR 1.579, 1.032-2.416), 'patient and family communication' (OR 6.787, 3.976-11.589), and 'early mobilisation' (OR 3.161, 2.160-4.624). No evidence for a difference in adherence to 'daily multi-professional and interdisciplinary clinical visits' between both conditions was found (OR 1.606, 0.780-3.309). Temporal trends related and unrelated to the intervention were detected. 149 patients died during their index ICU stay (45 treated on control, 104 on intervention condition).!##!Conclusion!#!A telemedical quality improvement program increased adherence to seven evidence-based German performance indicators in acute ICU care. These results need further confirmation in a broader setting of regional, non-academic community hospitals and other healthcare systems

Search for heavy resonances decaying to a top quark and a bottom quark in the lepton+jets final state in proton–proton collisions at 13 TeV

info:eu-repo/semantics/publishe

Optimasi Portofolio Resiko Menggunakan Model Markowitz MVO Dikaitkan dengan Keterbatasan Manusia dalam Memprediksi Masa Depan dalam Perspektif Al-Qur`an

Risk portfolio on modern finance has become increasingly technical, requiring the use of sophisticated mathematical tools in both research and practice. Since companies cannot insure themselves completely against risk, as human incompetence in predicting the future precisely that written in Al-Quran surah Luqman verse 34, they have to manage it to yield an optimal portfolio. The objective here is to minimize the variance among all portfolios, or alternatively, to maximize expected return among all portfolios that has at least a certain expected return. Furthermore, this study focuses on optimizing risk portfolio so called Markowitz MVO (Mean-Variance Optimization). Some theoretical frameworks for analysis are arithmetic mean, geometric mean, variance, covariance, linear programming, and quadratic programming. Moreover, finding a minimum variance portfolio produces a convex quadratic programming, that is minimizing the objective function ðð¥with constraintsð ð 𥠥 ðandð´ð¥ = ð. The outcome of this research is the solution of optimal risk portofolio in some investments that could be finished smoothly using MATLAB R2007b software together with its graphic analysis

Search for heavy resonances decaying to two Higgs bosons in final states containing four b quarks

A search is presented for narrow heavy resonances X decaying into pairs of Higgs bosons (H) in proton-proton collisions collected by the CMS experiment at the LHC at root s = 8 TeV. The data correspond to an integrated luminosity of 19.7 fb(-1). The search considers HH resonances with masses between 1 and 3 TeV, having final states of two b quark pairs. Each Higgs boson is produced with large momentum, and the hadronization products of the pair of b quarks can usually be reconstructed as single large jets. The background from multijet and t (t) over bar events is significantly reduced by applying requirements related to the flavor of the jet, its mass, and its substructure. The signal would be identified as a peak on top of the dijet invariant mass spectrum of the remaining background events. No evidence is observed for such a signal. Upper limits obtained at 95 confidence level for the product of the production cross section and branching fraction sigma(gg -> X) B(X -> HH -> b (b) over barb (b) over bar) range from 10 to 1.5 fb for the mass of X from 1.15 to 2.0 TeV, significantly extending previous searches. For a warped extra dimension theory with amass scale Lambda(R) = 1 TeV, the data exclude radion scalar masses between 1.15 and 1.55 TeV

Differential cross section measurements for the production of a W boson in association with jets in proton–proton collisions at √s = 7 TeV

Measurements are reported of differential cross sections for the production of a W boson, which decays into a muon and a neutrino, in association with jets, as a function of several variables, including the transverse momenta (pT) and pseudorapidities of the four leading jets, the scalar sum of jet transverse momenta (HT), and the difference in azimuthal angle between the directions of each jet and the muon. The data sample of pp collisions at a centre-of-mass energy of 7 TeV was collected with the CMS detector at the LHC and corresponds to an integrated luminosity of 5.0 fb[superscript −1]. The measured cross sections are compared to predictions from Monte Carlo generators, MadGraph + pythia and sherpa, and to next-to-leading-order calculations from BlackHat + sherpa. The differential cross sections are found to be in agreement with the predictions, apart from the pT distributions of the leading jets at high pT values, the distributions of the HT at high-HT and low jet multiplicity, and the distribution of the difference in azimuthal angle between the leading jet and the muon at low values.United States. Dept. of EnergyNational Science Foundation (U.S.)Alfred P. Sloan Foundatio

Measurement of the prompt J/psi and psi(2S) polarizations in pp collisions at sqrt(s) = 7 TeV

The polarizations of prompt J/psi and psi(2S) mesons are measured in proton-proton collisions at sqrt(s) = 7 TeV, using a dimuon data sample collected by the CMS experiment at the LHC, corresponding to an integrated luminosity of 4.9 inverse femtobarns. The prompt J/psi and psi(2S) polarization parameters lambda[theta], lambda[phi], and lambda[theta, phi], as well as the frame-invariant quantity lambda(tilde), are measured from the dimuon decay angular distributions in three different polarization frames. The J/psi results are obtained in the transverse momentum range 14 < pt < 70 GeV, in the rapidity intervals abs(y) < 0.6 and 0.6 < abs(y) < 1.2. The corresponding psi(2S) results cover 14 < pt < 50 GeV and include a third rapidity bin, 1.2 < abs(y) < 1.5. No evidence of large transverse or longitudinal polarizations is seen in these kinematic regions, which extend much beyond those previously explored

Juxtaposing BTE and ATE – on the role of the European insurance industry in funding civil litigation

One of the ways in which legal services are financed, and indeed shaped, is through private insurance arrangement. Two contrasting types of legal expenses insurance contracts (LEI) seem to dominate in Europe: before the event (BTE) and after the event (ATE) legal expenses insurance. Notwithstanding institutional differences between different legal systems, BTE and ATE insurance arrangements may be instrumental if government policy is geared towards strengthening a market-oriented system of financing access to justice for individuals and business. At the same time, emphasizing the role of a private industry as a keeper of the gates to justice raises issues of accountability and transparency, not readily reconcilable with demands of competition. Moreover, multiple actors (clients, lawyers, courts, insurers) are involved, causing behavioural dynamics which are not easily predicted or influenced. Against this background, this paper looks into BTE and ATE arrangements by analysing the particularities of BTE and ATE arrangements currently available in some European jurisdictions and by painting a picture of their respective markets and legal contexts. This allows for some reflection on the performance of BTE and ATE providers as both financiers and keepers. Two issues emerge from the analysis that are worthy of some further reflection. Firstly, there is the problematic long-term sustainability of some ATE products. Secondly, the challenges faced by policymakers that would like to nudge consumers into voluntarily taking out BTE LEI

Penilaian Kinerja Keuangan Koperasi di Kabupaten Pelalawan

This paper describe development and financial performance of cooperative in District Pelalawan among 2007 - 2008. Studies on primary and secondary cooperative in 12 sub-districts. Method in this stady use performance measuring of productivity, efficiency, growth, liquidity, and solvability of cooperative. Productivity of cooperative in Pelalawan was highly but efficiency still low. Profit and income were highly, even liquidity of cooperative very high, and solvability was good