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Information and probability are common words used in scientific investigations. However, information and probability both involve epistemic (subjective) and ontic (objective) interpretations under the same terms, which causes controversy within the concept of entropy in physics and biology. There is another issue regarding the circularity between information (or data) and reality: The observation of reality produces phenomena (or events), whereas the reality is confirmed (or constituted) by phenomena.
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The legal basis for prosecution and conviction for gross negligence manslaughter has failed to provide prosecutors, judges, and juries with sufficient certainty as to what constitutes the offense in the nineteenth or twentieth centuries. It remains to be seen whether 'revised guidance' or a plea for clearer understanding of the elements of the offense of gross negligence manslaughter as set out in the rapid policy review will be a sufficient remedy to allay doctors fears, or whether an entirely new approach is required. If the latter, then founding the charge on the basis of a betrayal of trust between the patient and her doctor may represent a concept that the jury can recognize and empathize with.
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