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Aristotle’s understanding of natural objects as matter-form compounds raises important questions about how this hylomorphic view applies to living beings. More specifically:
(1) Is the form of living compounds ‘pure,’ that is essentially independent of matter, or ‘true-gritty,’ that is, essentially matter-involving?
(2) In his standard view, the form is prior to matter and the compound. But how can the form of living compounds meet this priority requirement if it is ‘true-gritty’?
(3) If, by contrast, the form of living compounds is ‘pure,’ how can it be the principle of material and changeable living compounds?
I argue that in De Partibus Animalium (PA), too, forms of living compounds are ‘true-gritty.’ They are also, however, prior to living compounds and their matter. PA offers evidence for a distinction between the type of matter that is essential to form and that of living compounds, which is not essential to but posterior to the form.
The chapter outlines the requirements for creating a valid pledge, including the necessity of an agreement and the transfer of possession.
The chapter then explores the concept of a lien, which grants a creditor the right to retain possession of a debtor’s property until the debt is satisfied. It explains the conditions under which liens arise, typically through the provision of services or materials that enhance the value of the property.
A significant portion of the chapter is dedicated to discussing the priority of claims. It explains how pledges and liens interact with other security interests and the legal rules that determine the priority of creditors’ claims. The chapter also details the enforcement mechanisms available to creditors, including the sale of the pledged or liened property and the distribution of proceeds.
By analyzing these aspects, the chapter provides a thorough understanding of the legal intricacies of pledges and liens, emphasizing their practical implications for securing and enforcing debts in China.
This chapter delves into the various types of properties that can be mortgaged, including residential, commercial and state-owned agricultural construction land. It also discusses the legal implications of mortgaging properties with existing encumbrances, such as habitation rights or easements, and how these affect the priority of claims.
Furthermore, the chapter explores foreclosure procedures, detailing the steps a mortgagee must take to enforce their security interest in the event of a default. It addresses the legal protections available to mortgagors, such as redemption rights and anti-deficiency laws.
Finally, the chapter examines the priority of mortgage claims in relation to other creditors, explaining how Chinese law determines the ranking of competing interests. By providing a comprehensive analysis of mortgage law, this chapter equips readers with the knowledge to navigate the complexities of securing and enforcing mortgage interests in China.
The theories of Darwin and Wallace were similar, both seeing evolutionary change coming about as a function of a differential reproduction fueled by the pressure to succeed in the struggle for existence. Darwin and Wallace came to their thinking independently. The behavior of both men, in what could have been a tense situation, was exemplary. Wallace sent his paper to Darwin, a postal journey from the Far East to England that took far longer than people expect. This has led to beliefs that Darwin sat unfairly on the paper, perhaps using it to burnish his own work. In truth, upon its receipt, Darwin quickly contacted his senior friends Lyell and Herschel, offering to let Wallace have full priority. Lyell and Hooker arranged for Wallace’s paper and unaltered, pertinent abstracts of Darwin’s earlier writings to be published together in the journal of the Linnaean Society. Both Darwin and Wallace always felt that matters had been dealt with speedily and honorably. That said, there were significant differences in the thinking of Darwin and Wallace. The latter was never comfortable with the metaphor of selection, he always embraced group selection in opposition to Darwin’s determined individual selectionist thinking, and most famously – notoriously – Wallace turned to spiritualism to explain human evolution, spurring Darwin to give an entirely naturalistic explanation is his Descent of Man.
In Standard Yiddish, -s and -ən are used as default allomorphs for plural word formation. It is argued here that the choice is left to the phonology, with -s acting as a default within a default. This status is used to explain the exclusive use of -s in the pluralization of proper names, which are claimed to be formed with no sensitivity to the phonological form of the base.
Resources for tackling animal welfare issues are often limited. Obtaining a consensus of expert opinion on the most pressing issues to address is a valuable approach to try to ensure that resources are wisely spent. In this study, seven independent experts in a range of disciplines (including veterinary medicine, animal behaviour and welfare science and ethics) were consulted on the relative prioritisation of welfare issues impacting companion dogs in Great Britain. Experts first anonymously ranked the priority of 37 welfare issues, pre-defined from a literature review and an earlier published survey. In a subsequent two-day panel workshop, experts refined these issues into 25 composite groups and used specific criteria to agree their relative priorities as a Welfare Problem (WP; incorporating numbers of dogs affected, severity, duration and counter-balancing benefits) and a Strategic Priority (SP; a combination of WP and tractability). Other criteria — anthropogenicity, ethical significance and confidence in the issue-relevant evidence — were also discussed by the panel. Issues that scored highly for both WP and SP were: inappropriate husbandry, lack of owner knowledge, undesirable behaviours, inherited disease, inappropriate socialisation and habituation and conformation-related disorders. Other welfare issues, such as obese and overweight dogs, were judged as being important for welfare (WP) but not strategic priorities (SP), due to the expert-perceived difficulties in their management and resolution. This information can inform decisions on where future resources can most cost-effectively be targeted, to bring about the greatest improvement in companion dog welfare in Great Britain.
This chapter assesses priority arguments against intervention in nature. First, on the Exclusion Approach, intervention is not a priority because equality and priority reasons simply do not apply to wild animals. Second, on the Deflation Approach, since nonhuman animals have a lower capacity for well-being, increasing wild animal well-being produces less value than increasing human well-being. Third, on the Perfectionist Approach, increases in nonhuman well-being cannot compensate for the loss of “the best things in life,” only attainable by human activity. We should, thus, give priority to increases in human well-being that ensure the existence of excellent goods. It is argued that all approaches have highly unacceptable results, particularly on the negative scale of well-being. Finally, the chapter considers the Domesticated Animals First objection, according to which priority should be given to alleviating the harms suffered by domesticated animals. It is argued that taken either as a substantive or as a strategic objection, it cannot soundly succeed.
This chapter looks at the tools and procedures that programmes use to assess claims. Assessing a redress claim involves deciding which injuries to redress and how much money to pay. Those judgements are difficult. Since people will reasonably disagree, good procedure is essential. Enabling survivors to choose how the programme will assess their claims can help protect survivors’ privacy and well-being and make programmes more effective and efficient.
This chapter looks at the tools and procedures that programmes use to assess claims. Assessing a redress claim involves deciding which injuries to redress and how much money to pay. Those judgements are difficult. Since people will reasonably disagree, good procedure is essential. Enabling survivors to choose how the programme will assess their claims can help protect survivors’ privacy and well-being and make programmes more effective and efficient.
This essay focuses on a concept that plays a central role in Duns Scotus’s metaphysics—essential order. It starts by considering Duns Scotus’s presentation of essential order in the De primo principio, where essential order is said to obtain between two beings, x and y, where x is essentially prior to y and y is essentially posterior to x. But Duns Scotus makes use of essential order in several other contexts as well, including his hylomorphism, chemistry, action theory, metaethics, and even ecclesiology. In these other contexts, the notion of essential order is not clearly defined, and it is not always obvious how its deployment is supposed to map onto the canonical definition of essential order offered in the De primo principio. This essay takes a step toward this systematization by analyzing Duns Scotus’s use of essential orders outside of the De primo principio, letting the De primo principio discussion both inform and be informed by these other contexts.
In Phillips v Phillips, Lord Westbury stated that, against a bona fide purchaser faced with an “equity” to rescind, “the Court will not interfere”. This has been interpreted to mean that purchasers of even an equitable interest shall take free of prior equities. Yet the distinction between “equities” and equitable interests has been, and remains, uncertain; some have therefore questioned the intent behind Phillips. This paper shall elucidate Lord Westbury's intentions within their historical context and argues that Phillips offers a coherent, functional explanation of both: (1) the protection given to equity's darling; and (2) how that protection was effected.
The purpose of this study was to investigate differences in the perception of disaster issues between disaster directors and general health care providers in Gyeonggi Province, South Korea.
Methods:
The Gyeonggi provincial committee distributed a survey to acute care facility personnel. Survey topics included awareness of general disaster issues, hospital preparedness, and training priorities. The questionnaire comprised multiple choices and items scored on a 10-point Likert scale. We analyzed the discrepancies and characteristics of the responses.
Results:
Completed surveys were returned from 43 (67%) of 64 directors and 145 (55.6%) of 261 health care providers. In the field of general awareness, the topic of how to triage in disaster response showed the greatest discrepancies. In the domain of hospital level disaster preparedness, individual opinions varied most within the topics of incident command, manual preparation. The responses to “accept additional patients in disaster situation” showed the biggest differences (> 21 versus 6~10).
Conclusions:
In this study, there were disaster topics with discrepancies and concordances in perception between disaster directors and general health care providers. The analysis would present baseline information for the development of better training programs for region-specific core competencies, knowledge, and skills required for the effective response.
This chapter provides some economic, social, legal and technical context to development projects and their interfaces with indigenous peoples’ rights to land and the focus of this book. Situating development projects within historical precedents from colonial times, it identifies some important new features of the modern development project landscape. These include the increasing proximity of international economic arrangements and transnational financial transactions such as project finance and its underlying documentary network with issues of indigenous land connection, survival and precarity. Against this background, the book’s objective is to consider how, under the conditions of a development project and its contractual framework and safeguarding policy architecture, private entities and judicial and non-judicial mechanisms frame, conflict with and informally delegate out the recognition and implementation of rights to land for indigenous people. In responding to this objective, I lay out the core themes that repeat throughout: fragmentation, invisibility, power(lessness), priority, delegation, (un)predictability and the integration of public and private remedies.
The Spanish philosopher Sebastián Izquierdo was a luminary of seventeenth-century scholasticism. In his main philosophical work, Pharus scientiarum, Izquierdo claims to be the first to provide a systematic analysis of the notion of priority. Izquierdo is not the first to attempt an analysis of priority, but his treatment is original and rigorous. Izquierdo distinguishes between accidental and essential priority. This distinction crosscuts his distinction between relative and absolute priority. Izquierdo also recognizes four types of absolute priority: priority of duration, priority of origin, priority of nonmutual connection, and priority of worth. In this article I explain Izquierdo's various priority relations, their formal properties, and how they all cohere in a general theory of priority.
The specialization process associated with genetic selection could be associated with functional disorders, affecting the reproductive success of females (fitness). We hypothesized that by modulating energy acquisition and allocation of females we could balance productivity and reproductive success. To test this hypothesis, we used 203 rabbit females belonging to three genetic types: H (n=66) maternal line specialized in prolificacy, LP (n=67) generalist maternal line, R (n=70) paternal line specialized in growth rate. We fed each genetic type with two diets specifically designed to promote milk yield (AF) or body reserves recovery (CS). We controlled females between their first and fifth reproductive cycles, recording traits related with productivity and fitness of females. H females fed CS had on average 11.2±0.43 kits with an individual weight of 54±1.2 g at birth and 525±11 g at weaning. Their conception rate when multiparous was 44% and their survival rate at the end of the experiment 30%. When they were fed AF, the individual weight of kits was 3.8 g heavier (P<0.05) at birth and 38 g heavier at weaning (P<0.05), the conception rate when multiparous increased 23 percentage points (P<0.05) and the survival rate at the end of the experiment 25 percentage points (P<0.05). LP females fed CS had on average 10.8±0.43 kits with an individual weight of 52±1.2 g at birth and 578±11 g at weaning. Their conception rate when multiparous was 79% and their survival rate at the end of the experiment 75%. When they were fed AF, it only increased individual weight of kits at weaning (+39 g; P<0.05). R females fed CS had on average 8.4±0.43 kits with an individual weight of 60±1.2 g at birth and 568±11 g at weaning. Their conception rate when multiparous was 60% and their survival rate at the end of the experiment 37%. When they were fed AF, they presented 1.4 kits less at birth (P<0.05) but heavier at birth (+4.9 g; P<0.05) and at weaning (+37 g; P<0.05). Therefore, we observed that genetic types prioritized different fitness components and that diets could affected them. In this sense, seems that more specialized genetic types, were more sensitive to diets than the more generalist type.
This paper questions the distinction between egalitarianism and prioritarianism, arguing that it is important to separate the reasons for particular social preferences from the contents of these preferences, that it is possible to like equality and separability simultaneously, and that some egalitarians and prioritarians may therefore share the same social preferences (though for different reasons). The case of risky prospects, for which Broome has proposed an interesting example meant to show that egalitarians and prioritarians cannot share the same preferences, is scrutinized. The levelling down objection is also examined.
Between 1822 and the late 1830s a highly personal priority dispute was fought between the celebrated surgeon and anatomist Sir Charles Bell and his ex-student Herbert Mayo. The dispute was over the motor and sensory functions of the Vth and VIIth cranial nerves. Over the course of the 1820s and the 1830s, the competing claims of Bell and Mayo were presented in newspapers, journals, and textbooks. But by the time of Bell’s death in 1842, Mayo had been discredited, a seemingly tragic footnote in the history of nervous discovery. And yet, with the benefit of hindsight, Bell’s case was at best disingenuous. His success was not due to any intrinsic scientific merit in his argument, but rather his ability to create a narrative that undermined the credibility of Mayo. However, only when Mayo’s public performances elided with Bell’s descriptions did this ploy succeed. As a result, the dispute illuminates the importance of credibility to the creation of an idealised scientific medical practitioner.
This paper is an attempt to review the advances and shortfalls in data collection and use of health data that have occurred during health emergencies in recent decades for the opening session of the Humanitarian and Health Conference at Dartmouth University in September of 2006.
Methods:
Examples of various kinds of successes and failures associated with health data collection are given to highlight advances with an effort to emphasize multi-agency efforts reviewed by outside scholars.
Results:
Health data, particularly surveillance data, have allowed relief workers to set priorities for life-saving humanitarian programs. The main guidelines widely utilized such as those of the US Centers for Disease Control and Prevention, Médecins sans Frontières, and the Sphere Project have considerable similarity due to the consistency of data collected in various crises. Moreover, difficult to see problems and successes have been revealed by coherent surveillance efforts. Yet, these data collection efforts can not show significant improvements in the quality of humanitarian aid in recent years. Moreover, health data often do not appear to have meaningful influence on the prioritizing of relief resources globally or on those political issues that trigger emergencies.
Conclusions:
The field of humanitarian relief is relatively nascent. Methods for documenting basic health measures on the local level have been developed and general health priorities have been documented. Some technical improvements in monitoring still are needed but decision-making is most often limited by the lack of data rather than the problems with data. The ability of health data to influence spending global priorities, legal or political actions undertaken by international organizations, remains very limited.
This paper examines a recently proposed per se rule to automatically treat as equity secured loans granted by shareholders to the corporation on the eve of insolvency. It shows that arguments based on the dual quality of the lender-shareholder are insufficient by themselves to propose such a rigid rule, which would curb potentially socially beneficial loans. Further empirical research is needed to shed light on this issue.