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1
Lemeshko, Boris, und Pavel Blinov. Criteria for checking deviations from the exponential law. Application manual. ru: INFRA-M Academic Publishing LLC., 2020. http://dx.doi.org/10.12737/1097477.
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The monograph is intended for specialists who are more or less faced with the issues of statistical data analysis, processing of experimental results, and using statistical methods to analyze various aspects and trends of the surrounding reality. The guide discusses the application of statistical criteria aimed at testing the hypothesis that the analyzed sample belongs to the exponential (exponential) distribution law. The disadvantages and advantages of various criteria are indicated. Estimates of the power of the criteria and results of comparative analysis of the criteria are given, as well as tables containing percentage points and statistical distribution models necessary for applying the criteria. Following the recommendations will ensure the correctness and validity of statistical conclusions when analyzing data. It will be useful for engineers, researchers, specialists in various fields (doctors, biologists, sociologists, economists, etc.) who are faced with the need for statistical analysis of experimental results, as well as University teachers, graduate students and students.
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Lemeshko, Boris, Aleksandr Popov und Vadim Seleznev. Criteria for checking the deviation of the distribution from the normal law. Application Guide. ru: INFRA-M Academic Publishing LLC., 2022. http://dx.doi.org/10.12737/1896110.
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The monograph discusses the application of statistical criteria aimed at testing the hypothesis that the analyzed data belongs to the normal law of probability distribution. Special criteria, nonparametric criteria of agreement and criteria of type χ2 are considered and compared. The disadvantages and advantages of various criteria are indicated. Tables containing percentage points and statistical distribution models necessary for the correct application of criteria are given.
In comparison with the first edition, the set of considered special criteria of normality has been significantly expanded. The entire set of criteria is ranked by power relative to a number of closely competing hypotheses, which facilitates the selection of the most preferred criteria. It is shown that in applications, the properties of criteria can change significantly due to the presence of rounding errors and this must be taken into account when forming statistical conclusions.
Following the recommendations when analyzing data will ensure the correctness of statistical conclusions and increase their validity.
It is designed for specialists who, in one way or another, encounter in their activities issues of statistical data analysis, processing of experimental results, the use of statistical methods to analyze various aspects and trends of the surrounding reality. It will be useful for engineers, researchers, specialists of various profiles (physicians, biologists, sociologists, economists, etc.), university teachers, graduate students and students.
3
Hill, Christopher. Conceivability and Possibility. Herausgegeben von Herman Cappelen, Tamar Szabó Gendler und John Hawthorne. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780199668779.013.4.
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This article examines some philosophical questions about knowledge of modality, including how we determine whether a proposition is necessary or contingent and what procedures to use for recognizing possibility. It maintains that virtually anything is conceivable, and that conceivability is therefore incapable of providing a reliable test for possibility. Whether a conceivable state of affairs is genuinely possible depends on whether it is compatible with the class of necessary truths. But this means that we must have some independent way of recognizing necessity. The article explains that independent access to necessity in terms of the hypothesis that various modal truths constitute an implicit definition of necessity. To a large extent, our knowledge of necessity derives from our grasp of this definition. The article also criticizes Cartesian modal arguments for dualism, and raises an objection to the view that metaphysical necessity can be reductively explained in terms of subjunctive conditionals.
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Alger, Bradley E. Defense of the Scientific Hypothesis. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190881481.001.0001.
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This book explains and defends the scientific hypothesis. Explanation is needed to counteract the misinformation and misunderstanding about the hypothesis that even scientists have concerning its nature and place in the tapestry of modern science. A survey revealed that most biological scientists receive little or no formal training in scientific thinking. Defense is needed because the hypothesis is under attack by critics who claim it is irrelevant to science. Defense is important, too, because the hypothesis is perhaps the major element in scientific thinking, and familiarity with it is necessary for an understanding of modern science and scientific thinking. The public needs to understand the hypothesis in order to appreciate and evaluate scientific controversies (e.g., global climate change, vaccine safety, etc.). The first chapters thoroughly describe and analyze in elementary terms the scientific hypothesis and examine various kinds of science. Following chapters that review the hypothesis in the context of the Reproducibility Crisis and present survey data, two chapters assess cognitive matters that affect the hypothesis. In a series of chapters, the book makes practical and policy recommendations for teaching and learning about the hypothesis. The final chapter considers two possible futures for the hypothesis in science as the Big Data revolution looms: in one scenario, the hypothesis is displaced by the Big Data Mindset that forgoes understanding in favor of correlation and prediction. In the other, robotic science incorporates the hypothesis into mechanized laboratories guided by artificial intelligence. An epilogue envisions a third way—the Centaur Scientist, a symbiotic relationship of human scientists and computers.
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Galaz, Miguel. Anomaly Hypothesis: How the Great Recession Demonstrates the Necessity for a Paradigm Shift in Economics and Finance Theory. Lulu Press, Inc., 2012.
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Batson, C. Daniel. Premature Release of the Prime. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190651374.003.0011.
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The third new possibility returned attention to the first egoistic hypothesis: remove–empathy. Perhaps people feeling high empathy think that even if they escape physical exposure to the need, they will continue to feel empathic concern. If so, psychological escape is still difficult, and the results previously reported (see Chapter 4) are as consistent with remove–empathy as with the empathy–altruism hypothesis. Contrary to this possibility, some research suggested physical escape did provide psychological escape in the experiments in Chapter 4. Further, Eric Stocks conducted two experiments that manipulated psychological escape directly, and results of each supported the empathy–altruism hypothesis, not remove–empathy. Based on these data, it was necessary to reject the last of the three new possibilities. Left with no plausible egoistic account of the empathy–helping relationship—this time, nobody else had one either—there was no alternative but to conclude that empathic concern produces altruistic motivation. Our search was over.
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Elwood, Mark. Chance variation. Oxford University Press, 2017. http://dx.doi.org/10.1093/med/9780199682898.003.0008.
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This chapter explains chance variation and statistical tests, including discrete and continuous measures, the concept of significance, one and two sided test, exact tests, precision and confidence limits. It shows tests of differences in proportions and chi-square tests, the Mantel-Haenszel test, and calculation of confidence limits, for simple tables and for stratified data. It covers heterogeneity tests, multiplicative and additive models, ordered exposure variables and tests of trend. It explains statistical tests for matched studies and in multivariate models. Multiple testing, the Bonferroni correction, issues of hypothesis testing and hypothesis generation, and subgroup analyses are discussed. Stopping rules and repeated testing in trials is covered. It explains how to calculate study power and the necessary size of the study. The chapter describes time to event analysis, including survival curves, product-limit and actuarial or life-table methods, and the calculation of confidence limits, relative survival ratios, the log rank test with control for confounding, and multivariate analysis.
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Bluhm, Robyn. Inductive Risk and the Role of Values in Clinical Trials. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780190467715.003.0010.
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This chapter examines the implications of clinical research for philosophical discussions of inductive risk, focusing on three methodological debates: (1) the necessity of randomization, (2) the distinction between explanatory and pragmatic trials, and (3) the use of placebo versus active controls. All of these debates can usefully be recast in terms of inductive risk, which raises several important implications for philosophical discussion. They show that consideration of inductive risk, first, need not involve a straightforward trade-off between the consequences of false positive versus false negative results, and, second, should address what kind of evidence is needed before accepting a hypothesis, in addition to how much evidence is needed. Moreover, they show that evidence itself is shaped by non-epistemic values, which complicates the issue of distinguishing between direct and indirect roles for values.
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Miksza, Peter, und Kenneth Elpus. Design and Analysis of Experimental Research II. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199391905.003.0009.
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This chapter introduces the reader to more possibilities for thinking about causal questions and for laying the foundational concepts necessary for conducting data analyses that correspond to more complex experimental designs. The discussion of experimental design types presented in chapter 8 is expanded to include within-subjects designs, factorial designs, mixed designs, and designs for multivariate outcomes. Prototypical examples of each design type are presented along with the typical analysis tools used for testing the associated experimental hypotheses. Hypothetical examples of research designs that are suitable for illustrating analyses with repeated-measures ANOVA, factorial or multiway ANOVA, and MANOVA (multivariate analysis of variance).
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Wheeler, Michael. Knowledge, Credit, and the Extended Mind, or what Calvisius Sabinus got Right. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198769811.003.0008.
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According to one prominent view in contemporary epistemology, the correct application of one’s cognitive abilities in believing truly is necessary and sufficient for a kind of credit that is, in turn, necessary for knowledge. Epistemologists who hold this view typically take the cognitive abilities concerned to be based in states and processes that are spatially located inside the head of the knowing subject. Enter the hypothesis of extended cognition (henceforth ExC). According to ExC, the physical machinery of mind sometimes extends beyond the skull and skin. The present chapter will explore what happens when the credit condition on knowledge is brought into contact with ExC. Via discussions of (a) empirical psychological work on the adaptive character of technologically augmented memory and (b) thought experiments from the extended cognition and extended knowledge literatures, conclusions will be drawn for our understanding of ‘knowledge in the wild’.
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Borzu, Sabahi. Compensation and Restitution in Investor-State Arbitration. Oxford University Press, 2011. http://dx.doi.org/10.1093/acprof:oso/9780199601189.001.0001.
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This book presents a detailed study on compensation and restitution in investor state arbitration pursuant to investment treaties. The study begins by examining the historical roots of the principles of reparation, restitution, and compensation in international law as reflected in the landmark Chorzów Factory case. The roots of these principles are traced to Roman law and private law concepts that entered into the European continent's legal systems. Moving to modern times, the study focuses on the principle of reparation set out in the Chorzów Factory case and its requirement that reparation put the aggrieved party in the ‘hypothetical position’ that would have existed if not for the wrongful act. Restitution, both material and judicial, is discussed as a form of reparation. Compensation, by far the more common form of reparation in modern international investment disputes, is discussed in detail. In dealing with compensation for expropriation, this book examines the recent trends in which lawful and unlawful expropriation cases are distinguished and the impact that this distinction can have on the amount of compensation. This book additionally outlines some of the main valuation and accounting methods used in setting the hypothetical position to measure compensation due. Various forms of supplemental compensation, such as moral damages, interest, or arbitration costs, may also be necessary to fully restore the hypothetical position; these are discussed along with applicable limitations. This study also sets out important principles that may limit compensation generally, such as causation and the prohibition on double counting.
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Sampaio-Barros, Percival, und Rafael Valle-Oñate. Axial spondyloarthritis in Latin America. Oxford University Press, 2016. http://dx.doi.org/10.1093/med/9780198734444.003.0029.
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Latin American countries are often characterized by a significant miscegenation among whites, blacks, and Amerindians. These heterogeneous populations frequently represent a challenge for the design of studies analysing the genetics, incidence, and prevalence of rheumatic diseases. In this setting, axial spondyloarthritis (axSpA) frequently shows an increased associated peripheral involvement, compared with the homogeneous population. Genetic and socioeconomic factors can be associated with this clinical presentation, although further studies are necessary to confirm this hypothesis. Regarding treatment, Latin American spondyloarthritis (SpA) patients also show a higher prescription of corticosteroids, methotrexate, and sulfasalazine than European series. This chapter presents and discusses the many aspects related to the presentation of axSpA in Latin America.
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Meletis, Chris D. Liberation from Allergies. ABC-CLIO, 2009. http://dx.doi.org/10.5040/9798400678646.
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In this comprehensive book, a naturopath explains why allergies occur and what works—and doesn't—to alleviate them. Millions of Americans suffer with allergies, yet medicine has yet to determine exactly what causes a person to be allergic. In this comprehensive book, naturopath Chris D. Meletis examines a wide-range of allergies, including those to foodstuffs, dust and other airborne allergens, and materials like latex and chemicals. He explores theories of why allergies occur and are rising, including the ""hygiene hypothesis,"" which argues that overbathing and overuse of antibiotics and antibacterial agents means our immune systems never build up the necessary resistance to these substances when we are young.
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McLaughlin, Brian P., und David Rose. On the Matter of Robot Minds. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198815259.003.0012.
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One reason it matters whether phenomenally conscious robots will soon be forthcoming is that such robots would have moral rights. The view that they are on the horizon often rests on a certain philosophical view about consciousness, one called “nomological behaviorism” in this chapter. The view entails that, as a matter of nomological necessity, if a robot had exactly the same patterns of dispositions to peripheral behavior as a phenomenally conscious being, then the robot would be phenomenally conscious. The chapter experimentally investigates whether the folk think that certain (hypothetical) robots made of silicon and steel would have the same conscious states as certain familiar biological beings with the same patterns of dispositions to peripheral behavior as the robots. The findings provide evidence that the folk largely reject the view that silicon-based robots would have the sensations that they, the folk, attribute to the biological beings in question.
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Russell, James A. Toward a Broader Perspective on Facial Expressions. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780190613501.003.0006.
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This chapter offers an alternative account to the basic emotion theory. In my alternative, termed psychological construction, episodes called “emotional” consist of changes in various component processes (peripheral physiological changes, information processing including appraisals and attributions, expressive and instrumental behavior, subjective experiences), no one of which is itself an emotion or necessary or sufficient for an emotion to be instantiated. One hypothesis, for example, is that the production of facial expressions is accounted for by one or more of various alternative sources(such as perception, cognition, signaling of intented behavior, paralanguage, preparation for action, or core affect), not by a discrete emotion or affect program dedicated exclusively to emotion or to a specific emotion.
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Gugerty, Mary Kay, und Dean Karlan. The Theory of Change. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199366088.003.0003.
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Before beginning to monitor programs or evaluate their impact, organizations need to ensure that they have a sound theory of change to guide their work. A theory of change is a conceptual map of a program; this chapter explains how articulating a theory of change helps organizations decide what elements of their programs they should monitor and measure. The chapter outlines each step necessary for creating a theory of change, from defining the problem a program seeks to address to identifying possible unintended consequences of program implementation. It then illustrates the process of crafting a theory of change through the example of Nutrition for All, a hypothetical development organization dedicated to reducing child malnutrition.
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Ramos-Sánchez, Jesús Ricardo. Ahorro económico, eficiencia energética y proyección inferencial. Análisis de series de tiempo en celdas fotovoltaicas. ECORFAN, 2020. http://dx.doi.org/10.35429/b.2020.7.1.116.
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This literature work includes the phenomenon of the socioeconomic situation of the residents of Ciudad Victoria, Tamaulipas, Mexico, who have solar panels as a savings mechanism for their homes and as a tool that contributes to their well-being. The research focuses on the economic flow of residents in relation to energy expenditure and surplus. The approach to the problem is due to the lack of an economic and social measurement system in relation to the energy expenditure of the housewith solar panels in extreme weather in the city of Ciudad Victoria, Tamaulipas, Mexico. Therefore, the research question was established: How much energy savings does the use of solar panels represent in the families of Victoria, Tamaulipas? For the elaboration of the hypothesis, the Cruz-Ardilla theory (2013), was necessary, which maintains that energy plays an important role in society since it allows access to technological and social advances in resources that provide greater comfort; In this same tenor, Díaz (2015), ensures that technological strategies for sustainability have an economic purpose transforming the territory and; as a last assumption according to Elías and Bordas (2012), which indicates that 44% of primary energy worldwide becomes useless. Thus, the hypothesis is: Energy savings with the use of solar panels in the homes of families in Ciudad Victoria, Tamaulipas, Mexico is equivalent to 40 percent.
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Borzu, Sabahi. 6 Supplemental Compensation. Oxford University Press, 2011. http://dx.doi.org/10.1093/acprof:oso/9780199601189.003.0006.
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In addition to compensation or restitution for material damage, supplemental compensation is necessary to put the victim of an unlawful act fully in the hypothetical position that would exist save for the wrongful act. Supplemental compensation in this book refers to compensation for moral damage (including legal damage), interest, damage caused as a result of currency fluctuations, and arbitration costs. These heads of damages are grouped together as supplemental damages as none of them directly relates to the main material damage done to the investment but may be an integral part of full compensation. This chapter discusses the principles relating to each of these heads of supplemental damage, along with their use in investment treaty arbitration. Punitive damages and the currency of compensation in investment treaty arbitration are also discussed.
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Stapleton, Jane. Causation in the Law. Herausgegeben von Helen Beebee, Christopher Hitchcock und Peter Menzies. Oxford University Press, 2010. http://dx.doi.org/10.1093/oxfordhb/9780199279739.003.0038.
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Previous accounts of ‘causation’ in the law are flawed by their failure to appreciate that causal language is used to express different information about the world. Because causal terms have been used to communicate answers to different questions, any philosophical search for a free-standing account of causation is doomed. Lawyers require precision of terminology, so they should explicitly choose just one interrogation to underlie causal usage in law. It is argued that this interrogation should be chosen to serve the wide projects of the law. In these projects the law is interested to identify when a specified factor was ‘involved’ in the existence of a particular phenomenon, where the notion of ‘involvement’ identifies a contrast between the actual world and some specified hypothetical world from which we exclude (at least) that specified factor: this contrast being that, while in the former world the phenomenon exists, in the latter it does not. (Such contrasts of necessity can be generated in three ways, all of importance to the law.)
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Skerker, Michael. A Two-Level Account of Executive Authority. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190922542.003.0010.
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This chapter will consider whether an inhabitant of a liberal state needs to be informed of all her government’s policies in order for that government to have legitimate authority to compel her actions. Another way of putting this question is whether government authority in a liberal state depends on full transparency. Security actors in a liberal state are charged with maintaining a relatively crime-free and peaceful society because such an environment is a necessary precondition for a person’s full enjoyment of her rights over time. State agents should pick consent-worthy tactics indexed to this consent-worthy end. Since efficacious tactics may be in tension with respect for people’s rights, consent-worthy tactics will be those that are the most efficacious, effective, reliable, proportionate, and rights-respecting available. Transparency is not necessary for legitimacy since legitimate government actions are indexed to the hypothetical consent of a generic person rather than the explicit consent of particular people. Transparency is necessary for inhabitants to ensure that state agents do not err or become corrupt in the pursuit of otherwise legitimate aims. Yet the complete disclosure of government actions will compromise some legitimate security-seeking missions. In these cases, the moral need for secrecy trumps the need for disclosure. Liberal governments then can conceal the existence of certain programs without compromising their authority to implement them. Secrecy opens the door to corruption, but thankfully, these parameters apply to few tactics.
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Myers, Lorna, und John J. Barry. Diagnostic Challenges for the Mental Health Team and Psychiatrist. Herausgegeben von Barbara A. Dworetzky und Gaston C. Baslet. Oxford University Press, 2017. http://dx.doi.org/10.1093/med/9780190265045.003.0008.
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Establishing a positive therapeutic alliance during the initial psychiatric interview allows the clinician to collect the necessary diagnostic information and can have a significant impact on a patient’s decision to follow up with treatment recommendations once the diagnosis of psychogenic nonepileptic seizures (PNES) is determined. When evaluating a patient with suspected PNES in an out- or inpatient setting, there are a variety of clinician behaviors that can support or obstruct the establishment of a positive therapeutic alliance. Similarly, a number of typical patient characteristics in PNES can affect the psychiatric assessment. In this chapter, these characteristics and behaviors are discussed, a clinician checklist is provided, and dialogue boxes illustrate a few common patient–clinician interactions, hypothetical challenges, and clinician responses. Distinctive challenges, including interaction with specific PNES subtypes (i.e., developmentally delayed, malingering, or hostile patients) and patients who are effectively incapacitated by high event frequency and systemic barriers, are presented.
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Wolfrum, Rüdiger. Identifying Community Interests in International Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198825210.003.0002.
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This chapter explores the general question of how to establish that the regulation of a certain matter constitutes a matter of community-wide concern, which is the necessary step for the recognition of community obligation. The hypothesis is that such a qualification must, first, be well founded factually and, secondly, accepted as such in a legal or political legitimizing process. On this basis, the chapter suggests that the governance of spaces beyond national jurisdiction constitutes a community interest and has to be guided by the interests of the international community. Exploring this question with respect to key common spaces and particular issues, the chapter notes the difficulty of most of the dispute settlement systems, which, being bilateral, are not fully adequate to address questions related to the management of global commons as well as for the protection of the environment. To avoid this difficulty, the chapter suggests greater reliance on advisory opinions where available.
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Hannon, Michael. What's the Point of Knowledge? Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190914721.001.0001.
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This book is about knowledge and its value. At the heart of this book is a simple idea: we can answer many interesting and difficult questions in epistemology by reflecting on the role of epistemic evaluation in human life. Hannon calls this “function-first epistemology.” The core hypothesis is that the concept of knowledge is used to identify reliable informants. This practice is necessary, or at least deeply important, because it plays a vital role in human survival, cooperation, and flourishing. While this idea is quite simple, it has wide-reaching implications. Hannon uses it to cast new light on the nature and value of knowledge, the differences between knowledge and understanding, the relationship between knowledge, assertion, and practical reasoning, and the semantics of knowledge claims. This book also makes headway on some classic philosophical puzzles, including the Gettier problem, epistemic relativism, and philosophical skepticism. Hannon shows that some major issues in epistemology can be resolved by taking a function-first approach, thereby illustrating the significant role that this method can play in contemporary philosophy.
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Montgomery, Erwin B. Medical Reasoning. Oxford University Press, 2018. http://dx.doi.org/10.1093/med/9780190912925.001.0001.
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Modern medicine is one of humankind’s greatest achievements. Yet medical errors and irreproducibility in biomedical research suggest something is amiss. Concerns have driven considerable and thoughtful critical analyses, but the apparent intransigence of these problems suggests a different perspective is needed. The perspective pursued in this book begins with the idea that the need for certainty in medical decision-making has been and remains the primary driving force in medical reasoning. Faced with the unique challenges of having to treat the individual patient, the great variety of manifestations across patients is daunting. Either there are as many different “diseases” as there are patients, or there is some economical set of principles and facts that can be combined to explain each patient’s disease. Modern allopathic medicine follows from the presumption that economical sets of principles and facts exist. The challenge is to discover those principles and facts and develop means to reason from them to the individual patient in a way that provides certainty. Medical reasoning implicitly evolved from variations of logical deduction and induction reflected in the hypothetico-deductive, pattern recognition, and intuitive approaches used in medicine today. However, these require the judicious use of logical fallacies that increase utility but at the cost of certainty. Similarly, medical research necessarily requires the judicious use of a variation on syllogistic deduction. Their necessary use creates risks for errors. Many problems in medical reasoning and research are the consequence of injudicious uses. This book is a critical and historical analysis of medical reasoning from this perspective.
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Carrero, Juan Jesús, Hong Xu und Bengt Lindholm. Diet and the progression of chronic kidney disease. Herausgegeben von David J. Goldsmith. Oxford University Press, 2015. http://dx.doi.org/10.1093/med/9780199592548.003.0101.
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The dietary management of non-dialysed CKD patients has focused on limiting the intake of substances which lead to accumulation of urea, potassium, phosphorus, and sodium. Recent advances in nutritional epidemiology have given us the opportunity to examine the relationships between diet and CKD. This chapter focuses on evidence relating to retarding progression of renal impairment in the early to mid stages of CKD. Limits may need to change if GFR falls. The hypothesis that a high dietary protein intake leads to progressive CKD through a mechanism of glomerular hyperfiltration has been taught for decades, and it appears effective in animals. However, the evidence that low-protein diets (LPDs) halt CKD progression in patients is weak. Their management is of course likely to include other interventions such as blood pressure control. There is risk to low-protein diets. There is some evidence that high protein intakes are harmful. We therefore recommend moderate protein intake (not low; not high – no protein supplements; around 1g/kg/day). Salt handling is impaired in most patients with CKD, probably even early stages, and hypertension is an early feature, except in salt-losing patients, to whom different rules apply. Salt intake tends to raise blood pressure, worsen proteinuria, and reduce the effects of angiotensin converting enzyme inhibitors on blood pressure and proteinuria. Very low salt intakes are difficult to comply with and limit diet. In early stages of CKD we therefore recommend restriction to moderately low levels (below 6g/day of salt; 100 mmol of sodium). Lower levels may have additional benefits, and these limits may need to be reduced as GFR declines. Potassium is associated with healthy, desirable foods such as fruit and vegetables. It should only be restricted if high serum values make this necessary.
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Creighton, Breen, Catrina Denvir, Richard Johnstone, Shae McCrystal und Alice Orchiston. Strike Ballots, Democracy, and Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198869894.001.0001.
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The purpose of the research upon which this book is based was empirically to investigate whether the ballot requirements in the Fair Work Act do indeed impose a significant obstacle to the taking of industrial action, and whether those provisions are indeed impelled by a legitimate ‘democratic imperative’. The book starts from the proposition that virtually all national legal systems, and international law, recognise the right to strike as a fundamental human right. It acknowledges, however, that in no case is this recognition without qualification. Amongst the most common qualifications is a requirement that to be lawful strike action must first be approved by a ballot of workers concerned. Often, these requirements are said to be necessary to protect the democratic rights of the workers concerned: this is the so-called ‘democratic imperative’. In order to evaluate the true purpose and effect of ballot requirements the book draws upon the detailed empirical study of the operation of the Australian legislative provisions noted above; a comparative analysis of law and practice in a broad range of countries, with special reference to Canada, South Africa, the United Kingdom and the United States; and the jurisprudence of the supervisory bodies of the International Labour Organisation. It finds that in many instances ballot requirements – especially those relating to quorum – are more concerned with curtailing strike activity than with constructively responding to the democratic imperative. Frequently, they also proceed from a distorted perception of what ‘democracy’ could and should entail in an industrial context. Paradoxically, the study also finds that in some contexts ballot requirements can provide additional bargaining leverage for unions. Overall, however, the study confirms our hypothesis that the principal purpose of ballot requirements – especially in Australia and the United Kingdom – is to curtail strike activity rather than to vindicate the democratic imperative, other than on the basis of a highly attenuated reading of that term. We believe that the end-result constitutes an important study of the practical operation of a complex set of legal rules, and one which exposes the dichotomy between the ostensible and real objectives underpinning the adoption of those rules. It also furnishes a worked example of multi-methods empirical, comparative and doctrinal legal research in law, which we hope will inspire similar approaches to other areas of labour law.