Capacity legislation aims to protect individual autonomy and avoid undue paternalism as far as possible, partly through ensuring patients are not deemed to lack capacity because they make an unwise decision. To this end, the law employs a procedural test of capacity that excludes substantive judgments about patients' decisions. However, clinical intuitions about patients' capacity to make decis...

The lack of consent or debriefing in online research has attracted widespread public distrust. How can designers create systems to earn and maintain trust large-scale research? Procedural theories inform processes that enable individuals make decisions about their participation. Substantive focus on the normative judgments researchers participants specific studies context. Informed by these the...

by reviewing literature of human productivity, it's obvious that participation of employees and partnership environment is one of the main suggestions. but how human productivity is affected by participation of employees? this paper tries to answer this question. in other word, in this paper illustrated that participation of employees initiates two groups of guarantees that improve product...

there are two different contradictory approach regarding the interaction of the state immunity and jus cogens. some jurist argue that jus cogens rules should prevail over other inconsistent ordinary rules of international law including state immunity. this argument therefore depends upon the existence of conflict between rules of jus cogens, and the rule of customary law which requires one stat...

For some time, clinical ethics committees (CECs) have been a prominent feature of hospitals in North America. Such committees are less common in the United Kingdom and Europe. Focusing on the UK, this paper evaluates why CECs have taken so long to evolve and assesses the roles that they should play in health care policy and clinical decision making. Substantive and procedural moral issues in me...

Fraud and misconduct in financial markets have recently become a key regulatory issue against the backdrop of the financial crisis. This paper investigates the sanctions policy and practices of the French financial regulator, Autorité des Marchés Financiers (AMF). It argues that, over time, the AMF has shifted from substantive to procedural regulation of finance. This shift consists in departin...