Objective: To construct the underlying value structure of shared decision making (SDM) models. Method: We included previously identified SDM models (n = 40) and 15 additional ones. Using a thematic analysis, we coded the data using Schwartz’s value theory to define values in SDM and to investigate value relations. Results: We identified and defined eight values and developed three themes based on their relations: shared control, a safe and supportive environment, and decisions tailored to patients. We constructed a value structure based on the value relations and themes: the interplay of healthcare professionals’ (HCPs) and patients’ skills [Achievement], support for a patient [Benevolence], and a good relationship between HCP and patient [Security] all facilitate patients’ autonomy [Self-Direction]. These values enable a more balanced relationship between HCP and patient and tailored decision making [Universalism]. Conclusion: SDM can be realized by an interplay of values. The values Benevolence and Security deserve more explicit attention, and may especially increase vulnerable patients’ Self-Direction. Practice implications: This value structure enables a comparison of values underlying SDM with those of specific populations, facilitating the incorporation of patients’ values into treatment decision making. It may also inform the development of SDM measures, interventions, education programs, and HCPs when practicing.
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This paper investigates the prospective application of arbitration by Transnational Private Regulation (TPR). It builds on the study of TPR developed by Fabrizio Cafaggi et al. TPR addresses the ever-increasing transfer of regulatory power from national to global levels, and from public to private regulators. TPR entails private regulatory co-operation be-yond the jurisdictional boundaries of States through voluntary standards. The regimes of TPR are built by a variety of actors, such as companies, NGOs, independent experts, and epistemic communities. Examples of TPR can be found in food safety, forestry management, trade, and derivatives, among other fields. More specifically, they concern private actors engaging in transnational coordination of standard setting such as the Forest Stewardship Council (FSC) that was developed to foster responsible management of the world’s forests. There are four main characteristics of TPR: legitimacy, quality, effectiveness, and enforcement. I will describe those four characteristics in brief here. First, the legitimacy of TPR is built around consent through voluntary entry, participation, and exit of regulated entities. Important to this contribution is that the legitimacy of TPR goes beyond its legal dimension, measured by purely legal standards. Hence, the legitimacy of TPR is largely determined by standards developed by social and economic institutions relevant to specific TPR regimes. The role of those institutions in standard settings is higher in private TPR regimes than private-public TPR regimes, where some forms of compliance are mandatory. Second, the quality of TPR corresponds to the ex ante and ex post evaluation cycle of regulatory processes. It is also linked with the transparency of TPR. Third, the effectiveness of TPR is measured according to the extent to which the objectives of TPR (or selected TPR regimes) are met. And finally, enforcement of TPRis understood as ‘ensuring compliance with commitments’. Enforcement of TPR can take place through courts, administrative agencies, and private dispute resolution—including the arbitration at the core of this contribution. Cafaggi’s study identified rather selective use of arbitration in TPR, but also recommended changes to make arbitration law more adaptable to TPR. Furthermore, the study recommended that more specialized dispute resolution institutions are created to exclusively serve TPR. Against this background, I shift the main focus of analysis from TPR to arbitration. Whereas Cafaggi argued that arbitration may be suitable for TPR as a means of private enforcement, in this paper I go even further, arguing that arbitration as a means of informal, out-of-court dispute resolution is well suited to strengthen the normativity of TPR. This is so because private arbitration actors (including, inter alia, arbitrators and arbitral institutions) are already equipped with the tools necessary to facilitate cross-border TPR, which is done through informal standards and procedures with origins in the communitarian values and reputational mechanisms used by different communities before the development of modern States. The roots of most private justice regimes—including arbitration—are informed by communitarian values such as collaboration, participation, and personal trust. Those values, together with other core characteristics of arbitration correspond to all core characteristics of TPR, making both systems comparable and complementary. The analytical framework incorporated in this paper follows the four core characteristics of TPR. Hence, the paper is organized into five sections. The first section contains the introduction. In the second section, I analyze the legitimacy of arbitration vis-à-vis the legitimacy of TPR. In the third section, I investigate the accountability of arbitration as a means of quality signaling vis-à-vis TPR. In the fourth section, I focus on the remedies available to arbitrators in a view of TPR’s effectiveness. Finally, in the fifth section, I analyze enforcement through arbitration and its impact on the exclusiveness versus complementarity of TPR regimes. Conclusions follow, including recommendations for future research. Part of topic "The blurring distinction between public and private in international dispute resolution"
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In this critical review article, Isaac and Platenkamp present the case that tourism is not isolated from the world's dramatic situations in which humanity is at stake. Their argument principally centers on the devastating historical and contemporary conflict in Palestine and its relations with tourism. In this article, Isaac and Platenkamp maintain that (in relation to current happenings in Palestine) ethical and moral argumentation would be beside the point, and might even be a "cynical" exercise. They suggest that the conflict there is imbued with many kinds of normative argumentation. It is their view that positions need to be taken with regard to "Palestine," as in all extreme circumstances, where at the same time respect for the other positions becomes crucial. In this critical review article, therefore, Arendt's idea of "agora" will be introduced, in order to create a space where these "respectful positions" can be taken in a public arena and in order to contribute to a possible peaceful development. To Isaac and Platenkamp, tourism could enable this sort of "peaceful development" and could promote or help empower conditions where violence would be excluded, and where different sorts of "argumentation" could be generated and heard about these so-called "controversial spaces." In these respects, they maintain that tourism is a challenging field, because it has (itself) many faces-and they argue that such scenarios for "tourism" indeed could apply/should be applied for many controversial other spaces like Nepal and Burma (for instance) where (as in Palestine) the original population has no say in any economic development, such as that of tourism. But Isaac and Platenkamp recognize that (even in Burma) resistance against injustice can never be destroyed. Their own principal focus remains targeted upon Palestine, though. There, tourism is known to have "an incredibly high potential," despite the fact that (in their view) a strong and powerful "Israeli self" indeed controls the "humiliated Palestinian other." Thus, to our two reviewers in the Netherlands, therefore, tourism seems to be a communicative activity that might enable the implementation of Arendt's idea of and about "the agora." Isaac and Platenkamp suggest that there is no violence in the agora, itself, because only the force of argumentation rules. there.
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In this chapter we elaborate a hermeneutical perspective on professionalism and professional development in the wide range of professions and vocational trainings, which fall under the concern of a University of Applied Sciences (UAS). In a joint research programme of the HU UAS and Utrecht University we aim to unveil and make visible that professionals are continuously making interpretations simply by doing their jobs. Unavoidably, with these interpretations, subjectivity and normativity comes along, setting a moral agenda in the respective professional fields. We show how the more conceptual and philosophical reflections in the humanities at the Academia, is brought in interaction with professional development, vocational education and practice-oriented research at UAS. After this we walk through a number of recently completed or still ongoing research projects in the wide range of professionals in religious education (RE) via general and vocational education to non-educational professions. We end up with six developments or ‘movements’ that are taking place and that can be useful for a better understanding of complexity in vocational education and professions as such, and the imperative for change that is given by this.
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At its core, raving has existed in opposition to normativity, and so has electronic music. If newcomers enticed by hard trance remixes of 2000’s Top 40 hits embrace this opposition, it is often done in ways removed from history. As Loren Granic AKA Goddollars, co-founder and resident of A Club Called Rhonda in Los Angeles, stated: “Many of the newcomers are straight/white kids who are very far removed from the LGBT community, despite fist-pumping by the millions to a music that was born from gay people of colour sweating their asses off at 5 AM in a Chicago warehouse.” If the role marginalized people have played in the creation and pioneering of their favourite music is ignored, how would people react when told that their fun might also harm marginalized groups? The ethics of lockdown raves have always been fraught, as their repercussions reverberate beyond the people who choose to attend them; meanwhile, data shows that people of colour were more likely to be targeted for attending raves during the lockdown.
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Exploring Practical Knowledge investigates professional practices from a hermeneutic perspective. The book presents, discusses and applies notions such as practical knowledge, practical wisdom, tacit knowledge, and normativity to the professional lifeworld. These contributions focus on both specific practices and more general questions concerning theories and investigations of practice. This volume comes as the result of a cooperation of three research centres: The two Centres for Practical Knowledge in Bodø, Norway and in Södertörn, Sweden, as well as the Research Group Value-Oriented Professionalisation at the University of Applied Sciences in Utrecht, the Netherlands. It offers empirical studies of professionals as well as discussing the underlying theories, approaches and methods of exploring practical knowledge – including the limits to any articulation of these aspects of professional action. In contrast to the objectivist paradigm that otherwise dominates professional studies, each chapter presents central perspectives and possibilities drawing from humanistic and interdisciplinary research traditions. The book explores professions in a style accessible to scholars and practitioners alike. It is interesting for those studying practices within these professions and for vocational studies in education, social work, health care, police work, journalism, etc.
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The starting point of the sixth edition of the Asia Triennial Manchester (ATM6) is an urgent question: How can we reclaim value by withdrawing it from the reductive, quantifying interpretation of the omnipresent neoliberal paradigm, and develop a mode of speculation grounded in other forms of practical experimentation—experiments that, in turn, create space for qualifying new ways of thinking about value and measurement?To take back value is to revalue value—beyond normativity and standardized measurement. The first task of transvaluation is to uncouple value from quantification in ways that affirm an ecology of qualitatively different capacities. This framing of transvaluation draws from both post-Marxist critique and ecological thinking, recognizing that value has long been constructed by dominant power structures and often defined in anthropocentric terms. The current condition of the Anthropocene further complicates how value is attributed and distributed across human and non-human divisions. This demands a head-on engagement with what we know as economy—the management of the household. Value, and credit alike, is, too valuable to be left to those who own power.https://www.e-flux.com/announcements/661377/curatorial-assembly-and-theme-of-sixth-asia-triennial-manchester-transvaluation/
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This thesis provides an examination of judgement autonomy of Dutch commercial real estate valuers in relation to client orientation. The valuation of commercial real estate such as offices or retail properties requires in-depth analysis due to its uniqueness by location, building type and usage details. Essentially, a register-valuer is qualified and instructed to assess a property value to one’s best cognitive effort and inform others of this outcome by means of a valuation report. In the Netherlands, concerns over independence risks and client-related judgement risks of valuers have been raised by regulative authorities as the Dutch Central Bank (DNB) and the Dutch Authority for the Financial Markets (AFM). A significant part of these concerns followed the 2008 financial crisis, which appeared to be at least partially driven by unreliable and incomparable valuations of Dutch commercial real estate (AFM, 2014; DNB, 2012; 2015). Among other things, these concerns led to the instigation of the Nederlands Register Vastgoed Taxateurs (NRVT) in 2015. NRVT is a new Dutch central register of valuation practitioners set up in order to improve self-regulation, quality control and compliance of valuation practitioners. Currently, the chamber for commercial real estate valuation holds about 2,000 commercial valuation registrations (NRVT, 2020). The introduction of NRVT, and other measures taken, reflect an instrumental view towards enhancing professionalism of Dutch valuers. This view is based on a systematic orientation to professional conduct in which good practice is primarily objectively determined (Van Ewijk, 2019). However, Wassink and Bakker (2016) point out that individuals make personal choices in order to deal with work complexity. Insight into and reflection on individual choices is part of what is referred to as normative aspects of professionalisation: what norms prevail in individual judgement and decision-making and why (Van Ewijk, 2019). In this regard, insight into judgement reasoning of valuation practitioners may contribute to normative levels of professional development of valuers. The need for such is expressed through community concerns over how individual judgement autonomy may become subdued due to instrumental-driven developments taking place in the sector. The combination of authoritative concerns over professional quality in the Netherlands and lack of (scientific) insight on how client influence affects judgement in valuation practice poses a problem: How may practitioners address client-related judgement bias risks and improve valuation accuracy from this viewpoint, if little is known on how such risks may occur in daily practice? The seemingly scarce scientific insights available in this regard in the Netherlands may also prevent educational programs to adequately address valuer independence and objectivity risks in relevant training programs. In order to address this knowledge gap, the present PhD research examines the following research problem: 169 Summary “How does client orientation affect professional judgement autonomy of commercial real estate valuers in the Netherlands?” The term ‘client orientation’ should be broadly interpreted and may refer to valuers’ perception, understanding and meaning given to alleged, actual or anticipated client-related aspects. Information on such client aspects is not required for the performance of valuation instructions. It should also be noted that this research examines the context of how client orientation may affect valuer judgement reasoning patterns during work practice, yet not its effect in terms of decision on final value opinion.
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De kwaliteit van het onderwijs ligt onder een vergrootglas. De professionele ontwikkeling van leraren wordt daarbij gezien als belangrijk -misschien zelfs het belangrijkste - instrument. De vraag is echter waar die professionele ontwikkeling toe moet leiden. Wanneer noemen we het onderwijs goed, op grond van welk criterium? En wie bepaalt zo’n criterium? Leraren hebben soms het gevoel in een spagaat te zitten. Ze voelen de druk van alles wat er van ze verwacht wordt, de extern opgelegde normen waar ze aan moeten voldoen. Tegelijkertijd kunnen ze die normen slecht rijmen met de complexiteit waar ze in hun klas, met hun leerlingen, dagelijks voor staan. Goed onderwijs ontstaat als leraren niet alleen de juiste competenties hebben, maar ook als persoon leraar zijn. De kennis, vaardigheden en protocollen krijgen pas betekenis door de persoonlijke gekleurde afwegingen in de dagelijkse praktijk die leraren maken. Die afwegingen hebben vaak een morele dimensie. Een leraar zal zich hier bewust van moeten zijn en ook de persoonlijke, moreel geladen dimensie van het leraarsvak moeten kunnen ontwikkelen.
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The main question that leads the focus in this study is: What is the contribution of the school environment to the resilience of middle-adolescent students? Before going into the background and rationale of this study I will specify the terms used in this research question: - Contribution: In this study I will use the dynamic term contribution instead of the term effect because I will not measure the causal influence in a statistical way but I will explore the relationship between school environment and middle-adolescents resilience in terms of dynamic, reciprocal interactions. - School environment: With the term school environment I refer to all possible aspects of the immediate environment constituted by the school as a system in which the middle-adolescent is interactively participating. These aspects can include teachers as well as the school building as well as the lunch breaks and extramural activities. No framed description of this term will be postulated beforehand because the school environment will be studied from the viewpoint of the middle-adolescents. It is the middle-adolescents description of the term school environment that is the focus of this study. - Resilience: Before constructing the term resilience in a detailed manner in Chapter Two I will use the term to denote the ability to bounce back after stressful experiences. - Middle-adolescent: a 14-or 15-year old girl or boy. I will elaborate on the reason for the focus on this age group in paragraph 2.1.
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