Grundnorm and Grounding A modern Metaphysics for Hans Kelsen’s Pure Theory?

This article explores the possibility of reconstructing Hans Kelsen’s neo-Kantian theory of the basic norm (Grundnorm) with the help of the theory of (metaphysical) grounding. First, we outline Kelsen’s theory of the basic norm as an integral part of his neo-Kantian transcendental idealism and give a sketch of grounding theory; we then try to fit these theories together. As it turns out, grounding theory has some internal flaws. More importantly, several of the features of a metaphysical ground are not compatible with the roles which Kelsen ascribes to the basic norm – its roles as a keystone of the legal hierarchy and as a transcendental-logical condition of legal cognition. Finally, an alternative conception is examined, according to which the legal system is grounded not by the basic norm but by social facts, with the basic norm serving as a bridging principle. However, this alternative is flawed as well; its main problem seems to be that it violates the dualism of ‘Is’ and ‘Ought’. The argument is relevant for the concept of personhood, because Kelsen treats the term ‘person’ in law as a mere expression for the unity of a specific set of legal norms, so that the identity of persons is ultimately dependent on the identity and function of the basic norm of the legal system.This research has been financed by the National Science Centre (Poland) within the framework of research project 2021/41/B/HS5/01174. A modified Spanish version of this text was published under the title ‘Grundnorm y fundamentación’ (Heidemann & Zalewska, 2023).Monika Zalewska: [email protected] Heidemann: [email protected] Zalewska - University of Łódź, PolandCarsten Heidemann - Schleswig-Holstein Bar Association, GermanyAudi, P. (2012). A clarification and defence of the notion of grounding. In F. Correia and B. Schnieder (Eds.), Metaphysical grounding: Understanding the structure of reality (pp. 101–121). Cambridge University Press.Bernstein, S. (2016). Grounding is not causation. Philosophical Perspectives, 30, 21–38.Bliss, R., & Trogdon, K. (2021, 6 December). Metaphysical grounding. In Stanford encyclopedia of philosophy. https://plato.stanford.edu/entries/grounding/Chalmers, D. (2018). Conceptual analysis as a guide to grounding [Conference presentation]. ‘The question of ontology’ conference, Madrid.Chilovi, S., & Wodak, D. (2022). On the (in)significance of Hume’s Law. Philosophical Studies, 179, 633–653. Cohen, H. (1885). Kants Theorie der Erfahrung (2nd ed.). Dümmler.Correia, F., & Schnieder, B. (2012). Grounding: An opinionated introduction. In F. Correia and B. Schnieder (Eds.), Metaphysical grounding: Understanding the structure of reality (pp. 1–37). Cambridge University Press.Fine, K. (2012). Guide to ground. In F. Correia and B. Schnieder (Eds.), Metaphysical grounding: Understanding the structure of reality (pp. 37–80). Cambridge University Press.Frege, G. (1986). Der Gedanke. In G. Frege, Logische Untersuchungen (G. Patzig, Ed.) (3rd ed) (pp. 30–53. Vandenhoeck and Ruprecht.Glazier, M. (2020). Explanation. In M.J. Raven (Ed.), Routledge handbook of metaphysical grounding (pp. 121–132). Routledge.Heidemann, C. (2022). Hans Kelsen’s normativism. Cambridge University Press.Heidemann, C. & Zalewska, M. (2023). Grundnorm y fundamentación. In F. Ibarra Palafox, A.F. Carrillo Salgado, J. Hernández Manríquez, & J.C. Muñoz Mendiola (Eds.), Hans Kelsen ante el siglo XXI. Un diálogo critico. Universidad Nacional Autónoma de Mexico, Instituto de Investigaciones Juridicas.Kelsen, H. (1911). Hauptprobleme der Staatsrechtslehre. Mohr.Kelsen, H. (1920). Das Problem der Souveränität und die Theorie des Völkerrechts. Mohr.Kelsen, H. (1922a). Der soziologische und der juristische Staatsbegriff. Mohr.Kelsen, H. (1922b). Rechtswissenschaft und Recht. Erledigung eines Versuchs zur Überwindung der ‘Rechtsdogmatik’. Deuticke.Kelsen, H. (1923). Hauptprobleme der Staatsrechtslehre (2nd ed.). Mohr.Kelsen, H. (1925). Allgemeine Staatslehre. Springer.Kelsen, H. (1928). Die philosophischen Grundlagen der Naturrechtslehre und des Rechtspositivismus. Pan-Verlag.Kelsen, H. (1934). Reine Rechtslehre. Einleitung in die rechtswissenschaftliche Problematik. Deuticke.Kelsen, H. (2023). Ante el siglo XXI. Un diálogo critico (F. Ibarra Palafox, A.F. Carrillo Salgado, J. Hernández Manríquez, & J.C. Muñoz Mendiola, Eds.). Universidad Nacional Autónoma de Mexico, Instituto de Investigaciones Juridicas.Knight, C. (2023, 27 November). Reflective equilibrium. In Stanford encyclopedia of philosophy (Summer 2024 ed.). https://plato.stanford.edu/entries/reflective-equilibrium/Liebmann, O. (1865). Kant und die Epigonen. Schober.Pavlakos, G. (2021). A non-naturalist account of law’s place in reality. In B. Brozek, J. Hage, & N. Vincent (Eds.), Law and mind: A survey of law and the cognitive sciences (pp. 473–489). Cambridge University Press.Rosen, G. (2017). Ground by law. Philosophical Issues, 27(1), 279–301.Schaffer, J. (2012). Grounding, transitivity, and contrastivity. In F. Correia and B. Schnieder (Eds.), Metaphysical grounding: Understanding the structure of reality (pp. 122–138). Cambridge University Press.Schopenhauer, A. (1903). On the fourfold root of the principle of sufficient reason, and on the will in nature: Two essays by Arthur Schopenhauer (M.K. Hillebrand, Trans.) (rev. ed.). George Bell and Sons. https://archive.org/details/onthefourfoldroo00schouoft/page/n7/mode/2upSkiles, A. (2020). Necessity. In M.J. Raven (Ed.), Routledge handbook of metaphysical grounding (pp. 148–163). Routledge.Wallner, M. (2018). The ground of ground, essence, and explanation. Synthese, 198, 1257–1277.Windelband, W. (1907). Präludien (3rd ed.). Mohr.Zalewska, M. (2024). A dynamic approach to Hans Kelsen’s General Theory of Norms. Hart Publishing.293557

Impacts of the Tropical Pacific/Indian Oceans on the Seasonal Cycle of the West African Monsoon

The current consensus is that drought has developed in the Sahel during the second half of the twentieth century as a result of remote effects of oceanic anomalies amplified by local land–atmosphere interactions. This paper focuses on the impacts of oceanic anomalies upon West African climate and specifically aims to identify those from SST anomalies in the Pacific/Indian Oceans during spring and summer seasons, when they were significant. Idealized sensitivity experiments are performed with four atmospheric general circulation models (AGCMs). The prescribed SST patterns used in the AGCMs are based on the leading mode of covariability between SST anomalies over the Pacific/Indian Oceans and summer rainfall over West Africa. The results show that such oceanic anomalies in the Pacific/Indian Ocean lead to a northward shift of an anomalous dry belt from the Gulf of Guinea to the Sahel as the season advances. In the Sahel, the magnitude of rainfall anomalies is comparable to that obtained by other authors using SST anomalies confined to the proximity of the Atlantic Ocean. The mechanism connecting the Pacific/Indian SST anomalies with West African rainfall has a strong seasonal cycle. In spring (May and June), anomalous subsidence develops over both the Maritime Continent and the equatorial Atlantic in response to the enhanced equatorial heating. Precipitation increases over continental West Africa in association with stronger zonal convergence of moisture. In addition, precipitation decreases over the Gulf of Guinea. During the monsoon peak (July and August), the SST anomalies move westward over the equatorial Pacific and the two regions where subsidence occurred earlier in the seasons merge over West Africa. The monsoon weakens and rainfall decreases over the Sahel, especially in August.Peer reviewe

Severe early onset preeclampsia: short and long term clinical, psychosocial and biochemical aspects

Preeclampsia is a pregnancy specific disorder commonly defined as de novo hypertension and proteinuria after 20 weeks gestational age. It occurs in approximately 3-5% of pregnancies and it is still a major cause of both foetal and maternal morbidity and mortality worldwide1. As extensive research has not yet elucidated the aetiology of preeclampsia, there are no rational preventive or therapeutic interventions available. The only rational treatment is delivery, which benefits the mother but is not in the interest of the foetus, if remote from term. Early onset preeclampsia (<32 weeks’ gestational age) occurs in less than 1% of pregnancies. It is, however often associated with maternal morbidity as the risk of progression to severe maternal disease is inversely related with gestational age at onset2. Resulting prematurity is therefore the main cause of neonatal mortality and morbidity in patients with severe preeclampsia3. Although the discussion is ongoing, perinatal survival is suggested to be increased in patients with preterm preeclampsia by expectant, non-interventional management. This temporising treatment option to lengthen pregnancy includes the use of antihypertensive medication to control hypertension, magnesium sulphate to prevent eclampsia and corticosteroids to enhance foetal lung maturity4. With optimal maternal haemodynamic status and reassuring foetal condition this results on average in an extension of 2 weeks. Prolongation of these pregnancies is a great challenge for clinicians to balance between potential maternal risks on one the eve hand and possible foetal benefits on the other. Clinical controversies regarding prolongation of preterm preeclamptic pregnancies still exist – also taking into account that preeclampsia is the leading cause of maternal mortality in the Netherlands5 - a debate which is even more pronounced in very preterm pregnancies with questionable foetal viability6-9. Do maternal risks of prolongation of these very early pregnancies outweigh the chances of neonatal survival? Counselling of women with very early onset preeclampsia not only comprises of knowledge of the outcome of those particular pregnancies, but also knowledge of outcomes of future pregnancies of these women is of major clinical importance. This thesis opens with a review of the literature on identifiable risk factors of preeclampsia

Measurements of the pp → ZZ production cross section and the Z → 4ℓ branching fraction, and constraints on anomalous triple gauge couplings at √s = 13 TeV

Four-lepton production in proton-proton collisions, pp -> (Z/gamma*)(Z/gamma*) -> 4l, where l = e or mu, is studied at a center-of-mass energy of 13 TeV with the CMS detector at the LHC. The data sample corresponds to an integrated luminosity of 35.9 fb(-1). The ZZ production cross section, sigma(pp -> ZZ) = 17.2 +/- 0.5 (stat) +/- 0.7 (syst) +/- 0.4 (theo) +/- 0.4 (lumi) pb, measured using events with two opposite-sign, same-flavor lepton pairs produced in the mass region 60 4l) = 4.83(-0.22)(+0.23) (stat)(-0.29)(+0.32) (syst) +/- 0.08 (theo) +/- 0.12(lumi) x 10(-6) for events with a four-lepton invariant mass in the range 80 4GeV for all opposite-sign, same-flavor lepton pairs. The results agree with standard model predictions. The invariant mass distribution of the four-lepton system is used to set limits on anomalous ZZZ and ZZ. couplings at 95% confidence level: -0.0012 < f(4)(Z) < 0.0010, -0.0010 < f(5)(Z) < 0.0013, -0.0012 < f(4)(gamma) < 0.0013, -0.0012 < f(5)(gamma) < 0.0013

Penilaian Kinerja Keuangan Koperasi di Kabupaten Pelalawan

This paper describe development and financial performance of cooperative in District Pelalawan among 2007 - 2008. Studies on primary and secondary cooperative in 12 sub-districts. Method in this stady use performance measuring of productivity, efficiency, growth, liquidity, and solvability of cooperative. Productivity of cooperative in Pelalawan was highly but efficiency still low. Profit and income were highly, even liquidity of cooperative very high, and solvability was good

Search for heavy resonances decaying to two Higgs bosons in final states containing four b quarks

A search is presented for narrow heavy resonances X decaying into pairs of Higgs bosons (H) in proton-proton collisions collected by the CMS experiment at the LHC at root s = 8 TeV. The data correspond to an integrated luminosity of 19.7 fb(-1). The search considers HH resonances with masses between 1 and 3 TeV, having final states of two b quark pairs. Each Higgs boson is produced with large momentum, and the hadronization products of the pair of b quarks can usually be reconstructed as single large jets. The background from multijet and t (t) over bar events is significantly reduced by applying requirements related to the flavor of the jet, its mass, and its substructure. The signal would be identified as a peak on top of the dijet invariant mass spectrum of the remaining background events. No evidence is observed for such a signal. Upper limits obtained at 95 confidence level for the product of the production cross section and branching fraction sigma(gg -> X) B(X -> HH -> b (b) over barb (b) over bar) range from 10 to 1.5 fb for the mass of X from 1.15 to 2.0 TeV, significantly extending previous searches. For a warped extra dimension theory with amass scale Lambda(R) = 1 TeV, the data exclude radion scalar masses between 1.15 and 1.55 TeV

SCORE2-Diabetes: 10-year cardiovascular risk estimation in type 2 diabetes in Europe

Aims: To develop and validate a recalibrated prediction model (SCORE2-Diabetes) to estimate the 10-year risk of cardiovascular disease (CVD) in individuals with type 2 diabetes in Europe. Methods and results: SCORE2-Diabetes was developed by extending SCORE2 algorithms using individual-participant data from four large-scale datasets comprising 229 460 participants (43 706 CVD events) with type 2 diabetes and without previous CVD. Sex-specific competing risk-adjusted models were used including conventional risk factors (i.e. age, smoking, systolic blood pressure, total, and HDL-cholesterol), as well as diabetes-related variables (i.e. age at diabetes diagnosis, glycated haemoglobin [HbA1c] and creatinine-based estimated glomerular filtration rate [eGFR]). Models were recalibrated to CVD incidence in four European risk regions. External validation included 217 036 further individuals (38 602 CVD events), and showed good discrimination, and improvement over SCORE2 (C-index change from 0.009 to 0.031). Regional calibration was satisfactory. SCORE2-Diabetes risk predictions varied several-fold, depending on individuals' levels of diabetes-related factors. For example, in the moderate-risk region, the estimated 10-year CVD risk was 11% for a 60-year-old man, non-smoker, with type 2 diabetes, average conventional risk factors, HbA1c of 50 mmol/mol, eGFR of 90 mL/min/1.73 m2, and age at diabetes diagnosis of 60 years. By contrast, the estimated risk was 17% in a similar man, with HbA1c of 70 mmol/mol, eGFR of 60 mL/min/1.73 m2, and age at diabetes diagnosis of 50 years. For a woman with the same characteristics, the risk was 8% and 13%, respectively. Conclusion: SCORE2-Diabetes, a new algorithm developed, calibrated, and validated to predict 10-year risk of CVD in individuals with type 2 diabetes, enhances identification of individuals at higher risk of developing CVD across Europe

Effectiveness of an intensive care telehealth programme to improve process quality (ERIC): a multicentre stepped wedge cluster randomised controlled trial

Purpose!#!Supporting the provision of intensive care medicine through telehealth potentially improves process quality. This may improve patient recovery and long-term outcomes. We investigated the effectiveness of a multifaceted telemedical programme on the adherence to German quality indicators (QIs) in a regional network of intensive care units (ICUs) in Germany.!##!Methods!#!We conducted an investigator-initiated, large-scale, open-label, stepped-wedge cluster randomised controlled trial enrolling adult ICU patients with an expected ICU stay of ≥ 24 h. Twelve ICU clusters in Berlin and Brandenburg were randomly assigned to three sequence groups to transition from control (standard care) to the intervention condition (telemedicine). The quality improvement intervention consisted of daily telemedical rounds guided by eight German acute ICU care QIs and expert consultations. Co-primary effectiveness outcomes were patient-specific daily adherence (fulfilled yes/no) to QIs, assessed by a central end point adjudication committee. Analyses used mixed-effects logistic modelling adjusted for time. This study is completed and registered with ClinicalTrials.gov (NCT03671447).!##!Results!#!Between September 4, 2018, and March 31, 2020, 1463 patients (414 treated on control, 1049 on intervention condition) were enrolled at ten clusters, resulting in 14,783 evaluated days. Two randomised clusters recruited no patients (one withdrew informed consent; one dropped out). The intervention, as implemented, significantly increased QI performance for 'sedation, analgesia and delirium' (adjusted odds ratio (99.375% confidence interval [CI]) 5.328, 3.395-8.358), 'ventilation' (OR 2.248, 1.198-4.217), 'weaning from ventilation' (OR 9.049, 2.707-30.247), 'infection management' (OR 4.397, 1.482-13.037), 'enteral nutrition' (OR 1.579, 1.032-2.416), 'patient and family communication' (OR 6.787, 3.976-11.589), and 'early mobilisation' (OR 3.161, 2.160-4.624). No evidence for a difference in adherence to 'daily multi-professional and interdisciplinary clinical visits' between both conditions was found (OR 1.606, 0.780-3.309). Temporal trends related and unrelated to the intervention were detected. 149 patients died during their index ICU stay (45 treated on control, 104 on intervention condition).!##!Conclusion!#!A telemedical quality improvement program increased adherence to seven evidence-based German performance indicators in acute ICU care. These results need further confirmation in a broader setting of regional, non-academic community hospitals and other healthcare systems