When the European Court of Human Rights speaks, what should it say? Testing Brettschneider's value democracy at the supranational level

No abstract available

Searching for the Legitimacy of the European Court of Human Rights: The Neglected Role of ‘Democratic Society’

In this article, I argue against the claim that the practice of the European Court of Human Rights cannot be reconciled with the democratic-procedural standards by which state parties, in accordance with the principle of subsidiarity, decide about the content and scope of human rights norms. First, I suggest drawing the attention to the neglected balancing exercise of the review process, in which the Court has to determine whether a violation is nevertheless ‘necessary in a democratic society’. Second, I shed light on the role that ‘pluralism’ plays in the balancing (with particular emphasis on Articles 8–11). Third, I argue that Thomas Christiano’s egalitarian argument for democracy can best illuminate the Court’s reliance on pluralism

When the European Court of Human Rights speaks, what should it say? Testing Brettschneider's value democracy at the supranational level

No abstract available

A family of metric strains and conjugate stresses, prolonging usual material laws from small to large transformations

AbstractA new family of simple generalized strains and conjugate stresses based on the material metric (right Cauchy–Green) tensor is proposed. It includes an interesting quasilinear pair. It is a close approximation of the Seth–Hill family, with the advantage of being easier to calculate. It extends the realm of application of the classical theories of linear elasticity and perfect plasticity from small to large transformations for isotropic and anisotropic materials without any modification

An anisotropic elastic-viscoplastic damage model for bone tissue

A new anisotropic elastic-viscoplastic damage constitutive model for bone is proposed using an eccentric elliptical yield criterion and nonlinear isotropic hardening. A micromechanics-based multiscale homogenization scheme proposed by Reisinger etal. is used to obtain the effective elastic properties of lamellar bone. The dissipative process in bone is modeled as viscoplastic deformation coupled to damage. The model is based on an orthotropic ecuntric elliptical criterion in stress space. In order to simplify material identification, an eccentric elliptical isotropic yield surface was defined in strain space, which is transformed to a stress-based criterion by means of the damaged compliance tensor. Viscoplasticity is implemented by means of the continuous Perzyna formulation. Damage is modeled by a scalar function of the accumulated plastic strain $${D(\kappa)}$$ , reducing all element s of the stiffness matrix. A polynomial flow rule is proposed in order to capture the rate-dependent post-yield behavior of lamellar bone. A numerical algorithm to perform the back projection on the rate-dependent yield surface has been developed and implemented in the commercial finite element solver Abaqus/Standard as a user subroutine UMAT. A consistent tangent operator has been derived and implemented in order to ensure quadratic convergence. Correct implementation of the algorithm, convergence, and accuracy of the tangent operator was tested by means of strain- and stress-based single element tests. A finite element simulation of nano- indentation in lamellar bone was finally performed in order to show the abilities of the newly developed constitutive mode

Personalized loading conditions for homogenized finite element analysis of the distal sections of the radius.

The microstructure of trabecular bone is known to adapt its morphology in response to mechanical loads for achieving a biomechanical homeostasis. Based on this form-function relationship, previous investigators either simulated the remodeling of bone to predict the resulting density and architecture for a specific loading or retraced physiological loading conditions from local density and architecture. The latter inverse approach includes quantifying bone morphology using computed tomography and calculating the relative importance of selected load cases by minimizing the fluctuation of a tissue loading level metric. Along this concept, the present study aims at identifying an optimal, personalized, multiaxial load case at the distal section of the human radius using in vivo HR-pQCT-based isotropic, homogenized finite element (hFE) analysis. The dataset consisted of HR-pQCT reconstructions of the 20 mm most distal section of 21 human fresh-frozen radii. We simulated six different unit canonical load cases (FX palmar-dorsal force, FY ulnar-radial force, FZ distal-proximal force, MX moment about palmar-dorsal, MY moment about ulnar-radial, MZ moment about distal-proximal) using a simplified and efficient hFE method based on a single isotropic bone phase. Once we used a homogeneous mean density (shape model) and once the original heterogeneous density distribution (shape + density model). Using an analytical formulation, we minimized the deviation of the resulting strain tensors ε(x) to a hydrostatic compressive reference strain ε0, once for the 6 degrees of freedom (DOF) optimal (OPT) load case and for all individual 1 DOF load cases (FX, FY, FZ, MX, MY, MZ). All seven load cases were then extended in the nonlinear regime using the scaled displacements of the linear load cases as loading boundary conditions (MAX). We then compared the load cases and models for their objective function (OF) values, the stored energies and their ultimate strength using a specific torsor norm. Both shape and shape + density linear-optimized OPT models were dominated by a positive force in the z-direction (FZ). Transversal force DOFs were close to zero and mean moment DOFs were different depending on the model type. The inclusion of density distribution increased the influence and changed direction of MX and MY, while MZ was small in both models. The OPT load case had 12-15% lower objective function (OF) values than the FZ load case, depending on the model. Stored energies at the optimum were consistently 142-178% higher for the OPT load case than for the FZ load case. Differences in the nonlinear response maximum torsor norm ‖t‖ were heterogeneous, but consistently higher for OPT_MAX than FZ_MAX. We presented the proof of concept of an optimization procedure to estimate patient-specific loading conditions for hFE methods. In contrast to similar models, we included canonical load cases in all six DOFs and used a strain metric that favors hydrostatic compression. Based on a biomechanical analysis of the distal joint surfaces at the radius, the estimated load directions are plausible. For our dataset, the resulting OPT load case is close to the standard axial compression boundary conditions, usually used in HR-pQCT-based FE analysis today. But even using the present simplified hFE model, the optimized linear six DOF load case achieves a more homogeneous tissue loading and can absorb more than twice the energy than the standard uniaxial load case. The ultimate strength calculated with a torsor norm was consistently higher for the 6-DOF nonlinear model (OPT_MAX) than for the 1-DOF nonlinear uniaxial model (FZ_MAX). Defining patient-specific boundary conditions may decrease angulation errors during CT measurements and improve repeatability as well as reproducibility of bone stiffness and strength estimated by HR-pQCT-based hFE analysis. These results encourage the extension of the present method to anisotropic hFE models and their application to repeatability data sets to test the hypothesis of reduced angulation errors during measurement

Uncovering the Nature of ECHR Rights:An Analytical and Methodological Framework

How does the European Court of Human Rights (ECtHR) understand the nature of human rights? The article develops a framework for the analysis of this question and shows how it can be applied. The first part identifies a gap at the intersection of doctrinal and philosophical approaches to human rights practice that leaves the ECtHR’s understanding of the nature of rights unaccounted for. The second part develops an analytic and methodological framework based on the idea of grounds, content and scope of human rights to bridge this disciplinary divide and facilitate a more perspicuous analysis of the Court’s conception of the nature of human rights. The third part tests this framework by examining the Court’s doctrines in relation to freedom of thought, conscience and religion and the right to free elections

Bach speaks: A cortical "language-network" serves the processing of music

The aim of the present study was the investigation of neural correlates of music processing with fMRI. Chord sequences were presented to the participants, infrequently containing unexpected musical events. These events activated the areas of Broca and Wernicke, the superior temporal sulcus, Heschl's gyrus, both planum polare and planum temporale, as well as the anterior superior insular cortices. Some of these brain structures have previously been shown to be involved in music processing, but the cortical network comprising all these structures has up to now been thought to be domain-specific for language processing. To what extent this network might also be activated by the processing of non-linguistic information has remained unknown. The present fMRI-data reveal that the human brain employs this neuronal network also for the processing of musical information, suggesting that the cortical network known to support language processing is less domain-specific than previously believed

Investigating the post-yield behavior of mineralized bone fibril arrays using a 3D non-linear finite element unit-cell model.

In this study, we propose a 3D non-linear finite element (FE) unit-cell model to investigate the post-yield behavior of mineralized collagen fibril arrays (FAY). We then compare the predictions of the model with recent micro-tensile and micropillar compression tests in both axial and transverse directions. The unit cell consists of mineralized collagen fibrils (MCFs) embedded in an extrafibrillar matrix (EFM), and the FE mesh is equipped with cohesive interactions and a custom plasticity model. The simulation results confirm that MCF plays a dominant role in load bearing prior to yielding under axial tensile loading. Damage was initiated via debonding in shear and progressive sliding at the MCF/EFM interface, and resulted in MCF pull-out until brittle failure. In transverse tensile loading, EFM carried most of the load in pre-yield deformation, and then mixed normal/shear debonding between MCF and EFM began to form, which eventually produced brittle delamination of the two phases. The loading/unloading FE analysis in compression along both axial and transverse directions demonstrated perfect plasticity without any reduction in elastic modulus, i.e., damage due to the interfaces as seen in micropillar compression. Beyond the brittle and ductile nature of the stress-strain curves, in tensile and compressive loading, the simulated post-yield behavior and failure mechanism are in good quantitative agreement with the experimental observations. Our rather simple but efficient unit-cell FE model can reproduce qualitatively and quantitatively the mechanical behavior of bone ECM under tensile and compressive loading along the two main orientations. The model's integration into higher length scales may be useful in describing the macroscopic post-yield and failure behavior of trabecular and cortical bone in greater detail