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Rational Reconstruction (rational + reconstruction)

Distribution by Scientific Domains
Law and Criminology66%

Selected Abstracts

The Case for a Rational Reconstruction of Consent in Criminal Law

THE MODERN LAW REVIEW, Issue 2 2007
Catherine Elliott
This article argues for consistency in criminal law and the need for ,rational reconstruction' of the law where necessary to achieve this. It focuses Parliament's failure to respect the need for consistency by passing a statutory definition of consent in the Sexual Offences Act 2003 which appears to apply only to sexual offences. As a result, the law on consent risks being a patchwork of statute and ad hoc case law, without any overarching principle to deal with new situations and different offences. The consequent lack of certainty, accessibility, predictability and fairness is compared to the standards of the European Convention on Human Rights. The statutory definition of consent in the context of the sexual offences is assessed critically as a model which could be used in offences against the person and property offences. The article concludes that until Parliament responds to the need for certainty and consistency by legislating on consent, there can be no rational reconstruction of consent under the Sexual Offences Act 2003. [source]

Modeling process flow using diagrams

QUALITY AND RELIABILITY ENGINEERING INTERNATIONAL, Issue 4 2010
Benjamin Kemper
Abstract In the practice of process improvement, tools such as the flowchart, the value-stream map (VSM), and a variety of ad hoc variants of such diagrams are commonly used. The purpose of this paper is to present a clear, precise, and consistent framework for the use of such flow diagrams in process improvement projects. The paper finds that traditional diagrams, such as the flowchart, the VSM, and OR-type of diagrams, have severe limitations, miss certain elements, or are based on implicit but consequential premises. These limitations restrict the applicability of traditional diagrams in non-manufacturing areas such as service and healthcare processes. We show that a rational reconstruction for the use of diagrams in various disciplines regarding process flow boils down to a generic framework of elements, definitions of generic process metrics, and three classes of applications, namely the ,as-is', ,could-be', and ,should-be' analysis. The goal is not to replace all currently used diagrams, but merely to discuss the role of diagram usage in process flow modeling. This paper provides an explicit framework that is unambiguous and flexible, and has the potential to serve as a guideline for the practitioner, in manufacturing as well as in service and healthcare. Besides, it may serve as a starting point to develop an ontology of business processes. Copyright © 2009 John Wiley & Sons, Ltd. [source]

Quality Improvement from the Viewpoint of Statistical Method

QUALITY AND RELIABILITY ENGINEERING INTERNATIONAL, Issue 4 2003
Jeroen De Mast
Abstract With the purpose of guiding professionals in conducting improvement projects in industry, several quality improvement strategies have been proposed which strongly rely on statistical methods. Examples are the Six Sigma programme, the Shainin System and Taguchi's methods. This paper seeks to make a rational reconstruction of these types of improvement strategies, which results in a methodological framework. The paper gives a demarcation of the subject of study and proposes a reconstruction research approach. Thereupon, the elements of the methodological framework are listed and briefly discussed. Finally, the effectiveness of the framework is illustrated by showing to what extent it reconstructs Six Sigma's Breakthrough Cookbook. Copyright © 2003 John Wiley & Sons, Ltd. [source]

The Rational Reconstruction of Weighing and Balancing on the Basis of Teleological-Evaluative Considerations in the Justification of Judicial Decisions

RATIO JURIS, Issue 4 2008
EVELINE T. FETERIS
In this contribution the author develops an argumentation model for the reconstruction of weighing and balancing on the basis of teleological-evaluative considerations. The model is intended as a heuristic and critical tool for the rational reconstruction of the justification of judicial decisions. From the perspective of a rational discussion, it makes explicit the choices underlying the weighing and balancing on the basis of goals and values so that they can be made explicit and submitted to rational critique. [source]

The Case for a Rational Reconstruction of Consent in Criminal Law

THE MODERN LAW REVIEW, Issue 2 2007
Catherine Elliott
This article argues for consistency in criminal law and the need for ,rational reconstruction' of the law where necessary to achieve this. It focuses Parliament's failure to respect the need for consistency by passing a statutory definition of consent in the Sexual Offences Act 2003 which appears to apply only to sexual offences. As a result, the law on consent risks being a patchwork of statute and ad hoc case law, without any overarching principle to deal with new situations and different offences. The consequent lack of certainty, accessibility, predictability and fairness is compared to the standards of the European Convention on Human Rights. The statutory definition of consent in the context of the sexual offences is assessed critically as a model which could be used in offences against the person and property offences. The article concludes that until Parliament responds to the need for certainty and consistency by legislating on consent, there can be no rational reconstruction of consent under the Sexual Offences Act 2003. [source]