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Mind and the law

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https://www.readbyqxmd.com/read/27928762/the-metaphor-police-a-case-study-of-the-role-of-metaphor-in-explanation
#1
Paul H Thibodeau, Latoya Crow, Stephen J Flusberg
While many scholars have pointed to the role of metaphor in explanation, relatively little experimental research has examined whether and how metaphors are used and understood in everyday explanatory discourse. Across 3 experiments, we investigated the nature and function of metaphor in explanation by drawing on a real-world example where the terms guardian and warrior were used to metaphorically explain the role of police officers. We found, first, that the associations participants brought to mind for these concepts differed depending on whether they had previously answered questions about law enforcement (e...
December 7, 2016: Psychonomic Bulletin & Review
https://www.readbyqxmd.com/read/27874189/incapacity-of-the-mind-secondary-to-medication-misuse-as-a-not-criminally-responsible-defense
#2
Sebastien S Prat, Bruno J Losier, Heather M Moulden, Gary A Chaimowitz
The manifestations of disorders of the mind may play a role in the occurrence of criminal behavior. In the majority of the cases, the presence of a psychiatric disorder is cited as the reason that an individual was not fully aware of his behavior. However, other conditions, such as seizure disorders or hypoglycemia, have also been linked to an inability to understand the nature and consequences of one's actions. On occasion, these situations can be explained by a state of automatism that may be described as insane or noninsane...
November 22, 2016: Journal of Forensic Sciences
https://www.readbyqxmd.com/read/27812846/a-comparative-study-of-obsessionality-in-medical-students-law-students-and-controls
#3
Michael D Harries, Suck Won Kim, Jon E Grant
Understanding obsessive-compulsive behavior in medical students and law students is necessary for administrators and educators to properly work with students struggling with obsessionality. We aim to compare the differences in obsessive symptoms between medical students, law students and a control population. A total of 100 third-year medical students, 102 third-year law students and 103 control subjects drawn from the general population completed the Leyton Obsessional Inventory (LOI). Subjects were examined on all three sections (symptoms/traits, resistance and interference) of the LOI...
November 3, 2016: Psychiatric Quarterly
https://www.readbyqxmd.com/read/27717921/evaluation-of-a-digital-game-based-learning-program-for-enhancing-youth-mental-health-a-structural-equation-modeling-of-the-program-effectiveness
#4
Jenny My Huen, Eliza Sy Lai, Angie Ky Shum, Sam Wk So, Melissa Ky Chan, Paul Wc Wong, Y W Law, Paul Sf Yip
BACKGROUND: Digital game-based learning (DGBL) makes use of the entertaining power of digital games for educational purposes. Effectiveness assessment of DGBL programs has been underexplored and no attempt has been made to simultaneously model both important components of DGBL: learning attainment (ie, educational purposes of DGBL) and engagement of users (ie, entertaining power of DGBL) in evaluating program effectiveness. OBJECTIVE: This study aimed to describe and evaluate an Internet-based DGBL program, Professor Gooley and the Flame of Mind, which promotes mental health to adolescents in a positive youth development approach...
October 7, 2016: JMIR Mental Health
https://www.readbyqxmd.com/read/27717275/disorders-related-to-sexuality-and-gender-identity-in-the-icd-11-revising-the-icd-10-classification-based-on-current-scientific-evidence-best-clinical-practices-and-human-rights-considerations
#5
Geoffrey M Reed, Jack Drescher, Richard B Krueger, Elham Atalla, Susan D Cochran, Michael B First, Peggy T Cohen-Kettenis, Iván Arango-de Montis, Sharon J Parish, Sara Cottler, Peer Briken, Shekhar Saxena
In the World Health Organization's forthcoming eleventh revision of the International Classification of Diseases and Related Health Problems (ICD-11), substantial changes have been proposed to the ICD-10 classification of mental and behavioural disorders related to sexuality and gender identity. These concern the following ICD-10 disorder groupings: F52 Sexual dysfunctions, not caused by organic disorder or disease; F64 Gender identity disorders; F65 Disorders of sexual preference; and F66 Psychological and behavioural disorders associated with sexual development and orientation...
October 2016: World Psychiatry: Official Journal of the World Psychiatric Association (WPA)
https://www.readbyqxmd.com/read/27634721/naturalizing-responsibility
#6
Silvia Zullo
In the contemporary debate on the use of the neurosciences in ethics and law, numerous arguments have been bandied about among scientists and philosophers looking to uphold or reject the reliability and validity of scientific findings obtained by brain imaging technologies. Among the most vexing questions is, Can we trust that technology? One point of disagreement is whether brain scans offer a window through which to observe the functioning of the mind, in such a way as to enable lawyers, judges, physicians, and lawmakers to detect anomalies in brain function that may account for criminal unconscious behavior...
October 2016: Cambridge Quarterly of Healthcare Ethics: CQ: the International Journal of Healthcare Ethics Committees
https://www.readbyqxmd.com/read/27631401/wrong-or-merely-prohibited-special-treatment-of-strict-liability-in-intuitive-moral-judgment
#7
Carly Giffin, Tania Lombrozo
Most crimes in America require that the defendant have mens rea, Latin for "guilty mind." However, mens rea is not legally required for strict liability crimes, such as speeding, for which someone is guilty even if ignorant or deceived about her speed. In 3 experiments involving participants responding to descriptive vignettes, we investigated whether the division of strict liability crimes in the law reflects an aspect of laypeople's intuitive moral cognition. Experiment 1 (N = 396; 236 male, 159 female, 1 other; Mage = 30) found evidence that it does: ignorance and deception were less mitigating for strict liability crimes than for "mens rea" crimes...
December 2016: Law and Human Behavior
https://www.readbyqxmd.com/read/27590249/-rights-of-the-child-parents-rights-and-state-monitoring-when-is-state-intervention-in-parental-autonomy-permissible
#8
Jörg Maywald
Children have their own rights from the outset. It is primarily their parents who are responsible for the implementation of these rights. But state instances also carry responsibility for child rights. The state should only intervene in the parental autonomy against the will of the parents when a child's well-being is endangered. The subject under investigation is whether the development of Frühe Hilfen may have led to a subtle bringing forward of the threshold to state intervention, and how this should be assessed from the perspective of the rights of the child...
October 2016: Bundesgesundheitsblatt, Gesundheitsforschung, Gesundheitsschutz
https://www.readbyqxmd.com/read/27587446/realizing-informed-consent-in-times-of-controversy-lessons-from-the-support-study
#9
Robert J Morse, Robin Fretwell Wilson
This Essay examines the elegantly simple idea that consent to medical treatment or participation in human research must be "informed" to be valid. It does so by using as a case study the controversial clinical research trial known as the Surfactant, Positive Pressure, and Oxygenation Randomized Trial ("SUPPORT"). The Essay begins by charting, through case law and the adoption of the common rule, the evolution of duties to secure fully informed consent in both research and treatment. The Essay then utilizes the SUPPORT study, which sought to pinpoint the level of saturated oxygen that should be provided to extremely low birth weight infants to demonstrate modern complexities and shortcomings of the duty to secure informed consent...
September 2016: Journal of Law, Medicine & Ethics: a Journal of the American Society of Law, Medicine & Ethics
https://www.readbyqxmd.com/read/27562332/psychoanalysis-and-the-law
#10
Morris N Eagle
The paper discusses Freud's view of the law as the implementation of collective violence on the individual violator. I focus on the implications of the link between the superego (as the source of moral judgment) and the aggressive drive and suggest that we need to be ever vigilant regarding the danger of employing the law as a disguised means of taking pleasure in collective violence. The paper also discusses Freud's conception of personal responsibility, according to which we are responsible for all our behavior, including unconsciously motivated behavior (such as slips and dreams)...
August 23, 2016: International Journal of Law and Psychiatry
https://www.readbyqxmd.com/read/27522618/the-unconscious-myth-and-the-rule-of-law-reflections-on-the-persistence-of-gender-inequality
#11
J C Smith, David N Weisstub
Social order, to remain stable, needs the voluntary compliance of the majority of the population. Such consent requires normative justification. The rational foundation of the rule of law and the democratic state rests on the presumption of the equality of every citizen. Male domination of females nevertheless remains universal even in the most advanced democratic nation states because it is legitimized by the shared assumption that patriarchy reflects the will of God or is dictated by nature. Freud's diagnosis of patriarchy as a collective neurosis of the group mind negates every possible normative justification that can be made for gender hierarchy...
August 10, 2016: International Journal of Law and Psychiatry
https://www.readbyqxmd.com/read/27454124/relations-between-recent-past-leisure-activities-with-risks-of-dementia-and-cognitive-functions-after-stroke
#12
Adrian Wong, Alexander Y L Lau, Eugene Lo, Michael Tang, Zhaolu Wang, Wenyan Liu, Nicole Tanner, Natalie Chau, Lorraine Law, Lin Shi, Winnie C W Chu, Jie Yang, Yun-Yun Xiong, Bonnie Y K Lam, Lisa Au, Anne Y Y Chan, Yannie Soo, Thomas W H Leung, Lawrence K S Wong, Linda C W Lam, Vincent C T Mok
BACKGROUND: Leisure activity participation has been shown to lower risks of cognitive decline in non-stroke populations. However, effects of leisure activities participation upon cognitive functions and risk of dementia after stroke are unclear. The purpose of this study is to examine the effects of recent past leisure activities participation upon cognitive functions and risk of incident dementia after stroke. METHODS: Hospital-based, retrospective cohort study...
2016: PloS One
https://www.readbyqxmd.com/read/27394035/does-the-shoe-fit-ethical-legal-and-policy-considerations-of-global-positioning-system-shoes-for-individuals-with-alzheimer-s-disease
#13
Y Tony Yang, Charles G Kels
As the overall incidence of Alzheimer's disease rises, the burden on caregivers and law enforcement institutions will increase to find individuals who wander. As such, technological innovations that could reduce this burden will become increasingly important. One such innovation is the GPS Shoe. As with any innovation involving the transfer of personal data to third parties, potential pitfalls with respect to loss of privacy and inadequate consent counterbalance the substantial promise of GPS shoes. To some extent, advance planning can mitigate these concerns, wherein individuals willingly elect to be monitored before their impairments progress to a stage that makes such authorization impractical...
August 2016: Journal of the American Geriatrics Society
https://www.readbyqxmd.com/read/27311557/evolutionary-continuity-and-personhood-legal-and-therapeutic-implications-of-animal-consciousness-and-human-unconsciousness
#14
Anne Benvenuti
Convergent lines of research in the biological sciences have made obsolete the commonly held assumption that humans are distinct from and superior to all other animals, a development predicted by evolutionary science. Cumulative evidence has both elevated other animals from the status of "dumb brutes" to that of fully sentient and intentional beings and has simultaneously discredited elevated claims of human rationality, intentionality, and freedom from the constraints experienced by other animals. It follows then that any theoretical model in which humans occupy the top of an imagined evolutionary hierarchy is untenable...
June 13, 2016: International Journal of Law and Psychiatry
https://www.readbyqxmd.com/read/27256973/-comparison-of-the-concept-of-responsibility-in-neuroscience-and-in-french-criminal-law-a-cross-literature-review-for-the-psychiatric-forensic-practice
#15
Damien Galland, Carol Jonas, Renaud Jardri, Maroussia Wilquin, Olivier Cottencin, Pierre Thomas, Benjamin Rolland
In forensic psychiatry, experts have to determine the level of responsibility of a subject with regard to their acts. Neuroscience and cognitive sciences have been increasingly studying the brain functions that are supposed to underlie individual responsibility. In neuroscience, impairment of responsibility is underlain by disruptions of different types of cognitive processes. This processes are executive functions, theory of mind, agency, volition and empathy. In the juridical conception, the term of responsibility refers to a broader perspective than in the neuroscientific approach...
June 2016: La Presse Médicale
https://www.readbyqxmd.com/read/27256123/biobanking-and-privacy-in-india
#16
Sachin Chaturvedi, Krishna Ravi Srinivas, Vasantha Muthuswamy
Biobank-based research is not specifically addressed in Indian statutory law and therefore Indian Council for Medical Research guidelines are the primary regulators of biobank research in India. The guidelines allow for broad consent and for any level of identification of specimens. Although privacy is a fundamental right under the Indian Constitution, courts have limited this right when it conflicts with other rights or with the public interest. Furthermore, there is no established privacy test or actionable privacy right in the common law of India...
March 2016: Journal of Law, Medicine & Ethics: a Journal of the American Society of Law, Medicine & Ethics
https://www.readbyqxmd.com/read/27220178/it-doesn-t-have-to-end-in-disaster-a-case-for-employment-compliance
#17
Tim Twigg
It only takes one unhappy or disgruntled person to create a legal nightmare for you. There's no need to take this gamble. All it takes is awareness, commitment and action on your part. Once you have your HR house in order and have implemented a sound HR program in your practice, you also can feel good about knowing you are giving your staff every protection due to them under the law and every opportunity to be happy and successful in your practice. For yourself, you will be minimizing your risks and protecting your most valuable asset--your practice...
March 2016: Today's FDA: Official Monthly Journal of the Florida Dental Association
https://www.readbyqxmd.com/read/27213088/litigations-and-the-obstetrician-in-clinical-practice
#18
REVIEW
Jib Adinma
The expectation of obstetrics is a perfect outcome. Obstetrics malpractice can cause morbidity and mortality that may engender litigation. Globally, increasing trend to litigation in obstetrics practice has resulted in high indemnity cost to the obstetrician with consequent frustration and overall danger to the future of obstetrics practice. The objective was to review litigations and the Obstetrician in Clinical Practice, highlighting medical ethics, federation of gynecology and obstetrics (FIGO's) ethical responsibility guideline on women's sexual and reproductive health and right; examine the relationship between medical ethics and medical laws; X-ray medical negligence and litigable obstetrics malpractices; and make recommendation towards the improvement of obstetrics practices to avert misconduct that would lead to litigation...
March 2016: Annals of Medical and Health Sciences Research
https://www.readbyqxmd.com/read/27166336/relative-age-effect-in-mind-games-the-evidence-from-elite-chess
#19
Kristijan Breznik, Kris M Y Law
Numerous studies have attempted to investigate the factors affecting superior intellectual performance, and it has been proposed that a possible biological marker for superior intellectual performance is the month of birth. In this study, birth details of chess players were obtained from the official international chess federation website. The rating lists of top junior female chess players ("Girls" category), top junior male chess players ("Boys"), top female chess players ("Female"), and top male chess players ("Male") were collected between July 2000 and August 2015...
April 2016: Perceptual and Motor Skills
https://www.readbyqxmd.com/read/27154543/electrocution-of-raptors-on-power-lines-a-review-of-necropsy-methods-and-findings
#20
R A Kagan
Decades after the problem was first identified, power line electrocution continues to be a cause of avian mortality. Currently, several federal laws protect eagles and other migratory birds, meaning that utility companies may be liable for electrocution-related deaths. Veterinarians and veterinary pathologists called upon to diagnose and treat electrocuted birds should keep this in mind when conducting clinical and postmortem examinations. This review details necropsy findings and methods used to diagnose electrocution...
September 2016: Veterinary Pathology
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