162 research outputs found

    Culpable carelessness: recklessness and negligence in Scots and English criminal law

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    This thesis presents a normative yet practical account of how Scots and English criminal law should assess the culpability of careless persons. At present, the law in both jurisdictions distinguishes between two types of culpable, unjustified risktaking: recklessness and negligence. In everyday language, these concepts have blurred edges: persons are labelled “reckless” or “negligent” with little thought to the difference, if any, that exists between these terms. Although unproblematic in the “everyday” context, this laxity in definition is inappropriate in the criminal courtroom. Negligence is not usually a sufficient form of culpability for serious offences, whilst recklessness typically is. In the most serious crimes, recklessness thus marks the limit of criminal liability. The concept ought, therefore, to be well understood and developed. Unfortunately, courts both north and south of the border have had difficulty defining and distinguishing between recklessness and negligence. This thesis explores the resulting jurisprudential quagmires and contends that, in both jurisdictions, the absence of a visible theory of culpable carelessness accounts for the courts’ difficulties. It then looks to criminal law theory to construct a defensible account of culpable carelessness which can distinguish clearly between recklessness and negligence and explain the circumstances in which the latter ought to be criminally culpable. Finally, the thesis considers the practical implications of this theory

    Climate-influenced migration in Bangladesh: the need for a policy realignment

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    Recent research into migration in Bangladesh has highlighted that people migrate for better livelihoods, not necessarily in response to climatic stresses and shocks. If facilitated appropriately, internal and international migration can help build adaptive capacity to future environmental and climatic hazards. In this framing, migration happens in the context of a growing city-centred economy that promotes remittances to villages. However, a textual analysis of current and recent policies concerning climate change, development and poverty alleviation, and disaster management shows that the economic and adaptive roles of internal migration are often not included in policy framing. We argue that if migration works as a positive step towards adaptation, then the key challenge is to align the policies with this new understanding

    To whom does the law speak? Canvassing a neglected picture of law’s interpretive field

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    Among the most common strategies underlying the so-called indeterminacy thesis is the following two-step argument: (1) that law is an interpretive practice, and that evidently legal actors more generally hold different (and competing) theories of meaning, which lead to disagreements as to what the law says (that is, as to what the law is); (2) and that, as there is no way to establish the prevalence of one particular theory of meaning over the other, indeterminacy is pervasive in law. In this paper I offer some reflections to resist this trend. In particular I claim that a proper understanding of law as an authoritative communicative enterprise sheds new light on the relation between the functioning of the law and our theories of interpretation, leading to what can be considered a neglected conclusion: the centrality of the linguistic criterion of meaning in our juridical interpretive practices. In the first part of the chapter I discuss speech-act theory in the study of law, assessing its relevance between alternative options. Then I tackle the ‘to whom does the law speak?’ question, highlighting the centrality of lay-people for our juridical practices. Lastly, I examine the consequences of this neglected fact for our interpretive theories

    Proteomics Reveals Novel Drosophila Seminal Fluid Proteins Transferred at Mating

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    Across diverse taxa, seminal fluid proteins (Sfps) transferred at mating affect the reproductive success of both sexes. Such reproductive proteins often evolve under positive selection between species; because of this rapid divergence, Sfps are hypothesized to play a role in speciation by contributing to reproductive isolation between populations. In Drosophila, individual Sfps have been characterized and are known to alter male sperm competitive ability and female post-mating behavior, but a proteomic-scale view of the transferred Sfps has been missing. Here we describe a novel proteomic method that uses whole-organism isotopic labeling to detect transferred Sfps in mated female D. melanogaster. We identified 63 proteins, which were previously unknown to function in reproduction, and confirmed the transfer of dozens of predicted Sfps. Relative quantification of protein abundance revealed that several of these novel Sfps are abundant in seminal fluid. Positive selection and tandem gene duplication are the prevailing forces of Sfp evolution, and comparative proteomics with additional species revealed lineage-specific changes in seminal fluid content. We also report a proteomic-based gene discovery method that uncovered 19 previously unannotated genes in D. melanogaster. Our results demonstrate an experimental method to identify transferred proteins in any system that is amenable to isotopic labeling, and they underscore the power of combining proteomic and evolutionary analyses to shed light on the complex process of Drosophila reproduction

    Beyond the water column: aquatic hyphomycetes outside their preferred habitat

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    Aquatic hyphomycetes have adapted to running waters by their uncommon conidial shape, which facilitates dispersal as well as adherence to plant substrata. However, they have been early and regularly reported to occur in a variety of environments other than their preferred habitat (e.g., in lentic freshwaters, brackish and marine environments, in terrestrial niches such as stream banks, dew, canopy waters and tree holes). In addition, several aquatic hyphomycetes have adapted to a mutualistic lifestyle which may involve plant defence, as endophytes in leaves, gymnosperm needles, orchids and terrestrial roots. There are several lines of evidence suggesting that aquatic hyphomycetes survive under terrestrial conditions due to their sexual states. Although exhibiting higher diversity in pristine streams, aquatic hyphomycetes can survive environmental stress, e.g., pollution or river intermittency. They also inhabit ground and hyporheic waters, where they appear to be subjected to both physical and physiological selection. Appropriate methods including molecular ones should provide a more comprehensive view of the occurrence and ecological roles of aquatic hyphomycetes outside their preferred habitat

    Environmental effects of ozone depletion, UV radiation and interactions with climate change : UNEP Environmental Effects Assessment Panel, update 2017

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    Evaluating the Effects of SARS-CoV-2 Spike Mutation D614G on Transmissibility and Pathogenicity.

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    Global dispersal and increasing frequency of the SARS-CoV-2 spike protein variant D614G are suggestive of a selective advantage but may also be due to a random founder effect. We investigate the hypothesis for positive selection of spike D614G in the United Kingdom using more than 25,000 whole genome SARS-CoV-2 sequences. Despite the availability of a large dataset, well represented by both spike 614 variants, not all approaches showed a conclusive signal of positive selection. Population genetic analysis indicates that 614G increases in frequency relative to 614D in a manner consistent with a selective advantage. We do not find any indication that patients infected with the spike 614G variant have higher COVID-19 mortality or clinical severity, but 614G is associated with higher viral load and younger age of patients. Significant differences in growth and size of 614G phylogenetic clusters indicate a need for continued study of this variant
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