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Edited by
Marietta Auer, Max Planck Institute for Legal History and Legal Theory,Paul B. Miller, University of Notre Dame, Indiana,Henry E. Smith, Harvard Law School, Massachusetts,James Toomey, University of Iowa
Private law theory is pulled in opposite directions: internal and external perspectives on law; holistic and reductionist methodologies; conceptualist and nominalist views; and deontological and consequentialist approaches. Relatedly, theories tend to focus on the micro or the macro scales – interpersonal relations or societal effects – but face difficulties in connecting them. In this paper, we examine these problems in private law theory through the lens of the legal phenomenology of Adolf Reinach. According to Reinach, the law presupposes a realm of real, timeless entitles and their workings that are synthetic a priori: they are neither conventional nor contingent. Nor are they inherently moral or customary. We argue that regardless of the ontological status of what Reinach identifies as a priori, it points toward something more robust than most current theories would countenance. We illustrate the usefulness of this perspective through Reinach’s analysis of property, transfer, and representation. Reinach captures features and generalizations that have eluded analysis, as, for example, when he treats the principle of nemo dat quod non habet (‘one cannot transfer what one does not own’) as underlying all transfer even if displaced by positive rules such as good faith purchase. His views also point toward the importance of accessibility for legal concepts, including cases of tacit knowledge. Whatever its exact source, this “deep structure” of the law has the potential to partially reconcile some of the fissures in private law theory and to connect the micro and the macro through a better understanding of system in law.
Edited by
Marietta Auer, Max Planck Institute for Legal History and Legal Theory,Paul B. Miller, University of Notre Dame, Indiana,Henry E. Smith, Harvard Law School, Massachusetts,James Toomey, University of Iowa
Speech act theorists take a gift to be among the range of things we can do with words. They also disagree regarding the extent of the participation of the giftee in the act. Can a gift be made unbeknownst to its recipient? If not, is the latter required to accept the gift, in addition to hearing and understanding the utterance through which it is made? Because they give their insights about gifts in passing, speech act theorists also leave important aspects of the act in the dark. They hint at the power of gifts to modify the deontic status of its two parties, but leave to one’s guess the details of the related changes. The aim of the chapter is to reflect further on these quandaries and neglected sides of gifts in light of Reinach’s theory of social acts. The main result of the present Reinachian inquiry is that the puzzles raised by the illocutionary act of making gifts dissolve once attention is redirected from the thing that is gifted to the ownership over that thing.
It explores the various methods of property acquisition under Chinese law. The chapter begins by distinguishing between original and derivative acquisition, emphasising the different processes involved in each. It highlights the legal nuances and state ownership implications, particularly in cases involving lost property and unowned estates.
The chapter then delves into the theory and practice of property transfer, discussing the principles governing the transfer of ownership through delivery (for movables) and registration (for immovables). A significant portion is dedicated to the land registration system, detailing its historical development, functions, and the dual registration models (mandatory and voluntary). It addresses the legal mechanisms for ensuring accurate registration, liability for mistakes and fraud, and the processes for rectifying errors. The chapter concludes by analyzing the different methods of delivery, both actual and constructive, and their implications for property rights transfer.
from
Section 4
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Walking the Walk (and Talking the Talk)
William Fawcett, Royal Surrey County Hospital, Guildford and University of Surrey,Olivia Dow, Guy's and St Thomas' NHS Foundation Trust, London,Judith Dinsmore, St George's Hospital, London
A primary brain injury occurs at the time of initial mechanical trauma. An additional secondary brain injury begins immediately after impact. Inflammatory and neurotoxic processes result in raised intracranial pressure, decreased cerebral perfusion and ischaemia. This secondary injury is worsened by further physiological insults such as hypotension and hypoxia.
Assessment of the patient begins with an ABCD approach and should take place alongside resuscitation. Airway management is the priority, and this must be safely secured when indicated. Cervical spine injury is often associated with a head injury. The neck should be immobilised. Hypoventilation causes hypoxia and hypercapnia. Controlled ventilation to achieve a PaCO2 of 4.5 - 5 kPa and a PaO2 of > 13 kPa is recommended to control intracranial pressure. Hypotension reduces cerebral perfusion; a mean arterial pressure of > 90 mmHg should be targeted. Neurological assessment is undertaken using the Glasgow Coma Scale (GCS). A GCS less than 8 is considered a serious head injury and is often an indication for tracheal intubation. Other indications are described. Transfer to a neurosurgical unit is often required. Safe transfer guidelines must be followed.
The transfer from child and adolescent mental health services (CAMHS) to adult mental health services (AMHS) can be challenging, particularly for adolescents with neurodevelopmental disorders (NDDs) requiring long-term follow-up.
Aims
To examine the transfer process from CAMHS to AMHS in a university hospital in Türkiye, focusing on challenges, service gaps and barriers to transfer for individuals with NDDs.
Method
Hospital records of children with NDDs followed in CAMHS for at least 5 years were reviewed. Children with at least one annual admission until 2017–2018 were included. A total of 211 patients were categorised into two groups: those who transferred to AMHS by 2018–2019 (transferred group, 81 patients) and those who did not transfer (non-transferred group, 130 patients). Clinical features, such as primary diagnosis and treatments, were compared, and parental views on the transfer process were collected via telephone interviews.
Results
The transferred group included 81 patients (38.4%), whereas the non-transferred group had 130 patients (61.6%). Of the total sample, 55 (26.1%) were female, and 156 (73.9%) were male. Primary diagnoses were similar between groups; however, the transferred group had more comorbidities (P < 0.001) and more frequent antipsychotic prescriptions (P = 0.006). Proactive information from CAMHS doctors (B = 2.46, s.e. = 0.68, P < 0.001) and psychiatric comorbidities predicted transfer. In addition, attention-deficit hyperactivity disorder diagnoses changed during transfer in the transferred group (P = 0.002).
Conclusion
These findings emphasise the need for tailored transition support to enhance mental healthcare for NDD patients and indicate areas where further research is required to address healthcare barriers.
We show that dualising transfer maps in Hochschild cohomology of symmetric algebras over complete discrete valuations rings commutes with Tate duality. This is analogous to a similar result for Tate cohomology of symmetric algebras over fields. We interpret both results in the broader context of Calabi–Yau triangulated categories.
An inequality game is an asymmetric 2 × 2 coordination game in which player 1 earns a substantially higher payoff than player 2 except in the inefficient Nash equilibrium (NE). The two players may have either common or conflicting interests over the two NE. This paper studies a redistribution scheme which allows the players to voluntarily transfer their payoffs after the play of an inequality game. We find that the redistribution scheme induces positive transfer from player 1 to player 2 in both common- and conflicting- interest games, and is particularly effective in increasing efficient coordination and reducing coordination failures in conflicting-interest games. We explain these findings by considering reciprocity by player 1 in response to the sacrifice made by player 2 in achieving efficient coordination in conflicting-interest games.
We study the ability of subjects to transfer principles between related coordination games. Subjects play a class of order statistic coordination games closely related to the well-known minimum (or weak-link) and median games (Van Huyck et al. in Am Econ Rev 80:234–248, 1990, Q J Econ 106(3):885–910, 1991). When subjects play a random sequence of games with differing order statistics, play is less sensitive to the order statistic than when a fixed order statistic is used throughout. This is consistent with the prediction of a simple learning model with transfer. If subjects play a series of similar stag hunt games, play converges to the payoff dominant equilibrium when a convention emerges, replicating the main result of Rankin et al. (Games Econ Behav 32:315–337, 2000). When these subjects subsequently play a random sequence of order statistic games, play is shifted towards the payoff dominant equilibrium relative to subjects without previous experience. The data is consistent with subjects absorbing a general principle, play of the payoff dominant equilibrium, and applying it in a new related setting.
This chapter analyses limitations to parties’ freedom of contract as to the negotiation and formation stage of the contracts under review, that are aimed at remedying situations where musicians grant excessive rights to corporate partners. These limitations seek to ensure that such contracts have a ‘fair scope’. As yet, awaiting potential EU harmonisation of authorship and initial ownership, there are no relevant harmonising rules at the EU level. Instead, focus lies with restrictions under national law. First, objectionable precontractual behaviour may be sanctioned by precontractual liability, giving right to damages. Subsequently, the requirement of consent is subject to certain requirements. Third, the law limits parties’ freedom as to the scope of rights that may be transferred or licensed and provides tools to determine this scope in practice. Finally, the chapter turns to the negotiation and formation stage of secondary contractual relationships that may arise once the initial contract has been entered into. It concludes with an overview of the main findings.
In a cross-sectional study of L2 Danish, we examined the production of correct verb-second (V2) word order. We tested the effect of (1) the learners’ language background, (2) test level and (3) the length of the sentence constituents. The texts were written by 217 students (3 test levels (A2-B1), 52 different L1s). Interrogative clauses had high accuracy, but 25% of the 491 declarative sentences with non-initial subjects had incorrect V3 word order. Our study shows that V2 is not difficult for all learners. Learners whose L1 is a V2 language had a significantly higher share of correct V2 word order, and they never overused V2. For non-V2 learners, the share of correct V2 significantly increased with proficiency level. For constituent length, accuracy decreased significantly with the length of the first constituent and for subjects consisting of multiple words.
This chapter reviews research on the phonetic and phonological production patterns of children exposed to two or more languages in early childhood. Much of the research has examined whether bilingual children differ from monolingual children in their production patterns and, when differences have been found, whether such patterns can be explained by language-internal (e.g., the influence of the phonological properties of one language on the other), language-external (e.g., language input or dominance), or other factors (e.g., the developing lexicon). We focus on language-internal influences, also referred to as cross-linguistic interaction, and review models that have been used to account for interaction. Our findings reveal that, while systematic differences between monolingual and bilingual speech exist, the differences are not large and may be explained by multiple factors. The chapter concludes with a discussion of research limitations which include small participant numbers and a predominance of certain language pairs, factors that have hindered attempts to model cross-linguistic interaction.
The interaction between bilingual phonetic systems is dynamic, shaped by both long-term and short-term factors. Short-term factors, the focus of this chapter, refer to immediate changes in the linguistic situation. This chapter discusses two short-term sources of potential phonetic interference: code-switching and bilingual language mode. A growing body of research on the phonetics of code-switching has shown that code-switching may result in phonetic interference between the L1 and the L2, although outcomes may vary across speakers and features. Language mode describes a bilingual’s position along a continuum, from operation in a monolingual mode, in which only one language is active, to bilingual mode with equal activation of both languages. Recent work has demonstrated that language mode may modulate cross-linguistic phonetic interference, with greater interference found during bilingual mode. Finally, this chapter discusses two variables responsible for modulating and constraining phonetic interference in cases of dual language activation that have emerged in the literature – the nature of the phonetic feature and bilingual language dominance.
A set of 68 simple sequence repeat (SSR) markers were selected from existing databases (including Medicago, soybean, cowpea and peanut) for the purpose of exploiting the transferability of SSRs across species and/or genera within the legume family. Primers were tested for cross-species and cross-genus fragment amplification with an array of 24 different legume accessions. Nearly one-third (30.78%) of the SSR primers screened generated reproducible and cross-genus amplicons. One hundred and seventeen cross-species polymorphic amplicons were identified and could be used as DNA markers. These polymorphic markers are now being used for characterization and evaluation of our collected and donated legume germ- plasm. The transferability of SSRs, mis-/multiple-primings, homologous/heterologous amplifications, single/multiple-amplicons and application of these amplicons as DNA markers are discussed. The transfer of SSR markers across species or across genera can be a very efficient approach for DNA marker development, especially for minor crops.
We have seen rapid development of various brain training methods in the past few decades that quickly became popular among educators, despite the lack of evidence about these products’ effectiveness. Some negative outcomes prompted researchers from both neuroscience and education to develop collaboratively neuroscience-based approaches to educational and clinical practices. This chapter discusses fundamental training-related questions, such as neuroplasticity, transfer, and individual differences and provides a detailed examination of one domain-specific method (i.e., working memory training) and a multi-domain approach (i.e., music training). Based on the findings, we point out how critical it is to determine the specific cognitive or linguistic skills that researchers intend to target with a given training method prior to the beginning of the training process. Further, it is essential to identify the overlapping processing components and underlying neural regions between the training tasks and the post-training measures to achieve transfer to untrained tasks.
In this chapter, we present an overview of current knowledge about learners’ use and understanding of connectives. In the first part of the chapter, we will see that connectives are notoriously difficult to master for second language learners, because they require an array of complex competences. Learners must know how to use them appropriately in various genres and registers, have a fine-grained understanding of the meaning differences between connectives used to convey similar coherence relations, and also automatize this knowledge so that it is activated automatically during discourse processing, and not only when they consciously elicit usage rules. In the second part of the chapter, we review the important body of studies that have empirically assessed the causes for learners’ difficulties with connectives, and conclude with some recommendations for teaching. We conclude that research on the second language acquisition of connectives contributes to answering important questions, such as what makes connectives difficult to master, and how they are they used across languages.
This chapter reviews features of FL that cannot be reduced to properties of Merge and their standing in a Merge-based account. These include the modularity of FL, the ECP, the Y-model, subjacency/barriers/phase theories of bounding, relativized minimality, and Wh-in-situ constructions.
The influence of one language on the other when bilinguals speak and write monolingually is an intriguing phenomenon. The author first revisits how interference has been defined over the years by major researchers. He then argues that the definitions proposed were simply too broad, and covered not only interferences but also other contact phenomena such as code-switches and borrowings. The only way to get to the bottom of this problem is to control the language mode bilinguals and language learners are in when they are being observed. In addition, he suggests that we differentiate permanent traces of one language on the other (to be called transfers) from ephemeral intrusions of the other language (these would be interferences). The author continues by describing research conducted with his colleagues on Spanish–French bilinguals in the French-speaking part of Switzerland. The results obtained allowed them to have a better understanding of language restructuring in a first language. In addition, and as a by-product, it gave them a way to differentiate ephemeral intrusions from more permanent traces of the other language. He ends the chapter with a few words on bilinguals’ comprehension of speech containing cross-linguistic influences that comprise both transfers and interferences.
This empirical study aims to shed light on L3 initial-stage transfer and later development by investigating Q-operations in L1 English–L2 Cantonese and L1 Cantonese–L2 English bilinguals’ L3 Mandarin and L1 English speakers’ L2 Mandarin at low and high proficiency levels. Data from an online cross-modal priming task and an offline acceptability judgement task found that structural similarity determines transfer source selection. Adopting a de-compositional approach to cues of different domains, we have found both facilitative and detrimental transfer effects from Cantonese, with the latter triggered by orthographic and phonological cues. Our data also suggest that detrimental transfer effects can persist at an advanced stage and that L3 development and acquisition results can be affected by various factors such as word frequency and the nature of learning situations.
Chapter 10 describes how differences between a learner’s first language(s) and the target language(s) may influence their learning experience. Concepts like crosslinguistic transfer, grapheme-phoneme correspondence, and typography are presented through a variety of exemplars. Research-based strategies on how to teach a new writing system, introduce text-based resources featuring unfamiliar scripts, and differentiate instruction based on learners’ linguistic backgrounds are provided.
The high economic growth created jobs to reduce inequality as well as poverty. However, in the 1960s and 1970s, the effect was more than offset by other factors, like the widening wage gap between skilled and unskilled workers. There was also a large amount of transfer to the rich through the real estate market, while fiscal policy transferred little to the poor. Industrial relations were repressive. In the 1980s, inequality slowed to widen as the offsetting factors weakened and the transfer through the real estate market decreased, but industrial relations became more repressive. South Korea sustained high economic growth through the democratization process because, while staving off a possible disaster, democratization was limited in scope. Democratization failed to narrow inequality as it interacted with other forces, but it led to reforms to enhance the transparency of the economy. Independent unions emerged with democratization, but it aggravated the non-performing loans problem.