scholarly journals Do Lawyers Improve the Adversary System? A General Theory of Litigation Advice and Its Regulation

1991 ◽  
Vol 79 (2) ◽  
pp. 313 ◽  
Author(s):  
Stephen McG. Bundy ◽  
Einer Richard Elhauge
1988 ◽  
Vol 1 (1) ◽  
pp. 19-34 ◽  
Author(s):  
Raymond A. Belliotti

Rhetoric in praise of “our adversary system” flows freely in the prose of many legal insiders. But unexamined rhetoric, like self-praise, is of itself of little recommendation.I will here (I) state and explain the four defining characteristics of our adversary system: (A) formal proceedings, (B) partisan presentation, (C) a neutral, passive fact finder, and (D) principles of professional responsibility. I will then (II) state, explain, and analyze critically the most common justifications advanced in defense of our adversary system: (A) the truth rationale, (B) the rights rationale, (C) the autonomy rationale, (D) the lawyer as friend rationale, (E) the ritualistic function rationale, (F) the dispute rationale, and (G) the pragmatic rationale. I conclude (III) that to date no convincing justification has been advanced which argues persuasively that our adversary system has independent value or that it serves important societal objectives better than other existing or possible legal systems.


2020 ◽  
Vol 375 (1796) ◽  
pp. 20190321 ◽  
Author(s):  
Daniel Kostić

In this paper, I present a general theory of topological explanations, and illustrate its fruitfulness by showing how it accounts for explanatory asymmetry. My argument is developed in three steps. In the first step, I show what it is for some topological property A to explain some physical or dynamical property B . Based on that, I derive three key criteria of successful topological explanations: a criterion concerning the facticity of topological explanations, i.e. what makes it true of a particular system; a criterion for describing counterfactual dependencies in two explanatory modes, i.e. the vertical and the horizontal and, finally, a third perspectival one that tells us when to use the vertical and when to use the horizontal mode. In the second step, I show how this general theory of topological explanations accounts for explanatory asymmetry in both the vertical and horizontal explanatory modes. Finally, in the third step, I argue that this theory is universally applicable across biological sciences, which helps in unifying essential concepts of biological networks. This article is part of the theme issue ‘Unifying the essential concepts of biological networks: biological insights and philosophical foundations'.


2018 ◽  
Vol 14 (1) ◽  
pp. 5-13 ◽  
Author(s):  
Aleksandra A. Nikiforova ◽  
Maria E. Fleis

Abstract The paper addresses issues related to the application of the General Theory of Classification in the development of a universal soil classification system. The requirements for such a system, a comparison of different approaches to its development, and obstacles on the way to it are outlined. Additionally, the problem of the definition of soils and the importance of distinguishing between differentiating and diagnostic criteria are discussed. It is shown that, from the perspective of the General Theory of Classification, a universal soil classification system should be natural, genetic, “fundamental-and-specific”, and hierarchical. It is concluded that the World Reference Base for Soil Resources (WRB) does not meet these requirements and therefore cannot be considered as universal. Ways of addressing the problems of a universal soil classification system are suggested.


2018 ◽  
Vol 41 ◽  
Author(s):  
Daniel Crimston ◽  
Matthew J. Hornsey

AbstractAs a general theory of extreme self-sacrifice, Whitehouse's article misses one relevant dimension: people's willingness to fight and die in support of entities not bound by biological markers or ancestral kinship (allyship). We discuss research on moral expansiveness, which highlights individuals’ capacity to self-sacrifice for targets that lie outside traditional in-group markers, including racial out-groups, animals, and the natural environment.


Author(s):  
R. C. Moretz ◽  
G. G. Hausner ◽  
D. F. Parsons

Electron microscopy and diffraction of biological materials in the hydrated state requires the construction of a chamber in which the water vapor pressure can be maintained at saturation for a given specimen temperature, while minimally affecting the normal vacuum of the remainder of the microscope column. Initial studies with chambers closed by thin membrane windows showed that at the film thicknesses required for electron diffraction at 100 KV the window failure rate was too high to give a reliable system. A single stage, differentially pumped specimen hydration chamber was constructed, consisting of two apertures (70-100μ), which eliminated the necessity of thin membrane windows. This system was used to obtain electron diffraction and electron microscopy of water droplets and thin water films. However, a period of dehydration occurred during initial pumping of the microscope column. Although rehydration occurred within five minutes, biological materials were irreversibly damaged. Another limitation of this system was that the specimen grid was clamped between the apertures, thus limiting the yield of view to the aperture opening.


Author(s):  
V. Castano ◽  
W. Krakow

In non-UHV microscope environments atomic surface structure has been observed for flat-on for various orientations of Au thin films and edge-on for columns of atoms in small particles. The problem of oxidation of surfaces has only recently been reported from the point of view of high resolution microscopy revealing surface reconstructions for the Ag2O system. A natural extension of these initial oxidation studies is to explore other materials areas which are technologically more significant such as that of Cu2O, which will now be described.


Author(s):  
Yimei Zhu ◽  
Masaki Suenaga ◽  
R. L. Sabatini ◽  
Youwen Xu

The (110) twin structure of YBa2Cu3O7 superconductor oxide, which is formed to reduce the strain energy of the tetragonal to orthorhombic phase transformation by alternating the a-b crystallographic axis across the boundary, was extensively investigated. Up to now the structure of the twin boundary still remained unclear. In order to gain insight into the nature of the twin boundary in Y-Ba-Cu-O system, a study using electron diffraction techniques including optical and computed diffractograms, as well as high resolution structure imaging techniques with corresponding computer simulation and processing was initiated.Bulk samples of Y-Ba-Cu-O oxide were prepared as described elsewhere. TEM specimens were produced by crushing bulk samples into a fine powder, dispersing the powder in acetone, and suspending the fine particles on a holey carbon grid. The electron microscopy during this study was performed on both a JEOL 2000EX and 2000FX electron microscopes operated at 200 kV.


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