Libertarianism and Original Appropriation

OpenAIRE

Dominiak, Łukasz

2017-01-01

The article is devoted to the problem of the structure of libertarian theory of justice. It tries to present a map of the main concepts and principles of this theory and to investigate its possible justifications. It explains such fundamental concepts as original appropriation, homesteading, labour theory of property or first possession theory of original appropriation. The article shows merits and drawbacks of alternative libertarian principles of justice in first acquisition and proposes a ...

Libertarianism and the Possibility of the Legitimate State

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Nicolás Maloberti

2009-01-01

Full Text Available The classical formulation of libertarianism seems to be incompatible with the requirements of political legitimacy. Some libertarians have endorsed this result, denying that the state is legitimate. This paper argues, however, that the particular nature of that incompatibility represents a problem for the classical formulation of libertarianism. It is argued that acknowledging the existence of a particular minimal form of positive rights might overcome the problem in question. It is further argued that acknowledgment of such positive rights would seem to provide a more adequate normative ground for making sense of some central libertarian insights and concerns.

Paternalism and its discontents: motorcycle helmet laws, libertarian values, and public health.

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Jones, Marian Moser; Bayer, Ronald

2007-02-01

The history of motorcycle helmet legislation in the United States reflects the extent to which concerns about individual liberties have shaped the public health debate. Despite overwhelming epidemiological evidence that motorcycle helmet laws reduce fatalities and serious injuries, only 20 states currently require all riders to wear helmets. During the past 3 decades, federal government efforts to push states toward enactment of universal helmet laws have faltered, and motorcyclists' advocacy groups have been successful at repealing state helmet laws. This history raises questions about the possibilities for articulating an ethics of public health that would call upon government to protect citizens from their own choices that result in needless morbidity and suffering.

Christianity, the Free Market, and Libertarianism

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Light Christian

2017-10-01

Full Text Available In recent centuries Christians of various denominations have endorsed many different political philosophies that they see as being truly biblical in their approach. Over this time there has been an increasing hostility, by some Christians, towards free markets and political philosophies that hold human liberty as the highest goal such as libertarianism and classical liberalism. This criticism is unwarranted and misplaced as libertarianism and free markets are not only compatible with Christianity, they are also the most biblically sound of all economics systems and political philosophies endorsed by Christians today. Therefore, this paper will argue that Christians of all denominations should endorse free markets and libertarianism if they wish to create a world that follows biblical principles and the teachings of Jesus.

Libertarianism and Positive Rights: Comments on Katz's Reply

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Nicolás Maloberti

2009-01-01

Full Text Available In “Why Libertarians Should Reject Positive Rights,” Joshua Katz offers a critical response to the argument developed by Nicolás Maloberti in “Libertarianism and the Possibility of the Legitimate State.” In this rejoinder, Maloberti argues that Katz’s response fails on two accounts. First, it fails to grasp the nature of the problem his article was ultimately concerned with. Second, it fails to present a solid case for the rejection of the type of positive right that it was argued libertarians should endorse as a solution to that problem.

Direct to consumer genetic testing and the libertarian right to test.

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Loi, Michele

2016-09-01

I sketch a libertarian argument for the right to test in the context of 'direct to consumer' (DTC) genetic testing. A libertarian right to genetic tests, as defined here, relies on the idea of a moral right to self-ownership. I show how a libertarian right to test can be inferred from this general libertarian premise, at least as a prima facie right, shifting the burden of justification on regulators. I distinguish this distinctively libertarian position from some arguments based on considerations of utility or autonomy, which are sometimes labelled 'libertarian' because they oppose a tight regulation of the direct to consumer genetic testing sector. If one takes the libertarian right to test as a starting point, the whole discussion concerning autonomy and personal utility may be sidestepped. Finally, I briefly consider some considerations that justify the regulation of the DTC genetic testing market, compatible with the recognition of a prima facie right to test. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://www.bmj.com/company/products-services/rights-and-licensing/

Strawsonian Libertarianism: A Theory of Free Will and Moral Responsibility

OpenAIRE

Franklin, Christopher

2010-01-01

My dissertation develops a novel theory of free will and moral responsibility, Strawsonian libertarianism, which combines Strawsonianism about the concept of moral responsibility with event-causal libertarianism concerning its conditions of application. I construct this theory in light of and response to the three main objections to libertarianism: the moral shallowness objection, the intelligibility objection, and the empirical plausibility objection.The moral shallowness objection contends...

The case against libertarian arguments for compulsory vaccination.

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Bernstein, Justin

2017-11-01

In a recent paper in this journal, Jason Brennan correctly notes that libertarians struggle to justify a policy of compulsory vaccination. The most straightforward argument that justifies compulsory vaccination is that such a policy promotes welfare. But libertarians cannot make this argument because they claim that the state is justified only in protecting negative rights, not in promoting welfare. I consider two representative libertarian attempts to justify compulsory vaccination, and I argue that such arguments are unsuccessful. They either fail to show that the state is justified in implementing the policy or overgeneralise. I suggest that Brennan's solution is especially well motivated insofar as it addresses the shortcomings of these arguments. Brennan argues that we violate the rights of others by participating in an activity that imposes an unacceptable collective risk of harm. Going unvaccinated is an activity that imposes an unacceptable collective risk of harm, and thus amounts to a rights violation. So, the state can implement a policy of compulsory vaccination I object, however, that Brennan's delineation of acceptable and unacceptable risk implicitly rests on classical liberal rather than libertarian principles; he justifies compulsory vaccination on the grounds that it promotes welfare. I also object that Brennan's argument would entail significant departures from libertarian institutional arrangements. This leaves libertarians with a choice: they can develop new arguments to demonstrate that their position is compatible with compulsory vaccination, or they can accept that their view entails the impermissibility of compulsory vaccination, and argue that this is not an unpalatable implication of their view. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://www.bmj.com/company/products-services/rights-and-licensing/.

The Born Rule and Free Will: why Libertarian Agent-Causal Free Will is not "antiscientific"

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Kastner, Ruth E.

In the libertarian "agent causation" view of free will, free choices are attributable only to the choosing agent, as opposed to a specific cause or causes outside the agent. An often-repeated claim in the philosophical literature on free will is that agent causation necessarily implies lawlessness, and is therefore "antiscientific." That claim is critiqued and it is argued, on the contrary, that the volitional powers of a free agent need not be viewed as anomic, specifically with regard to the quantum statistical law (the Born Rule). Assumptions about the role and nature of causation, taken as bearing on volitional agency, are examined and found inadequate to the task. Finally, it is suggested that quantum theory may constitute precisely the sort of theory required for a nomic grounding of libertarian free will.

On Libertarianism and the Proprietary Understanding of Human Rights (O libertarizmu in lastninskem pojmovanju človekovih pravic

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Luka Mišič

2016-12-01

Full Text Available The article deals with the theory of libertarianism which is clearly distinguished from the theory of liberalism and tries to answer the question of what exactly is “a libertarian understanding” of human rights. The author, already in the article’s title, offers an answer in a form of the “proprietary” understanding and through the text confronts the reader with the reasoning behind such an understanding. He points out several elements of the substantive and formal transformation of the traditional notion of human rights and basic freedoms needed for the notion to be coherent with the theory of libertarianism. The author understands the traditional function of human rights as a protective mechanism for the individual against the state and presents the libertarian understanding of the notion as a result of the libertarian understanding of one’s personal freedom that is based on the principle of self-ownership and the nonaggression principle by which every encroachment with one’s property (extending to his own body and will has to derive from a consensus among (two parties. Thereby human rights need to put on a new role in which they are completely dependent on the right to property (being the only natural and superior right and function in a negative, relative and value-neutral manner.

Leaving Libertarianism: : Social Ties in Robert Nozick's New Philosophy

OpenAIRE

Herbjørnsrud, Dag

2002-01-01

SUMMARY This thesis Leaving Libertarianism: Social Ties in Robert Nozick s New Philosophy challenges the general and most widespread portrayals of the American philosopher Robert Nozick (1938-2002) by studying the notion of social ties in his later philosophy. The point of departure is the present descriptions of Nozick s philosophy. Mostly these depictions are based upon three postulates: That Nozick is an extreme individualist, that the libertarian Anarchy, State, and Utopia (1...

To nudge or not to nudge: cancer screening programmes and the limits of libertarian paternalism.

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Ploug, Thomas; Holm, Søren; Brodersen, John

2012-12-01

'Nudging--and the underlying idea 'libertarian paternalism'--to an increasing degree influences policy thinking in the healthcare sector. This article discusses the influence exerted upon a woman's choice of participation in the Danish breast screening programme in light of 'libertarian paternalism'. The basic tenet of 'libertarian paternalism' is outlined and the relationship between 'libertarian paternalism' and informed consent investigated. Key elements in the process of enrolling women into the Danish mammography screening programme are introduced. It is shown that for several reasons the influence exerted upon women's choices of participation cannot be justified within a welfare-enhancing libertarian paternalistic framework. The article suggests that screening programmes alternatively adopt a liberty-enhancing approach and considers the practical implications of this alternative.

Robert Nozick: Utopia in libertarian perspective

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Sládeček Michal

2005-01-01

Full Text Available The author first looks at how the basic tenets of libertarianism, as presented in the opening chapters of Nozick’s “Anarchy, State and Utopia”, are connected with the idea of community. In the second section Nozick’s own conception of utopia and voluntary associations is discussed. In the closing section various critiques of this libertarian conception are analyzed. Though compatible with social co-operation, Nozick’s position rests on an indeterminate concept of rights and is incapable of explaining adequately the relations of mutual connectedness, i.e. community. Communities are treated as selfsufficient entities in a way that is in line with the communitarian standpoint, but incongruent with the republican model of integration. The latter objection refers especially to the conflict of loyalties to particular associations and to the “framework community”.

Temporal Justice, Youth Quotas and Libertarianism

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Wissenburg, M.L.J.

2015-01-01

Quotas, including youth quotas for representative institutions, are usually evaluated from within the social justice discourse. That discourse relies on several questionable assumptions, seven of which I critically address and radically revise in this contribution from a libertarian perspective.

Tobacco, Commercial Speech, and Libertarian Values: The End of the Line for Restrictions on Advertising?

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Bayer, Ronald

2002-01-01

In June of 2001, the Supreme Court overturned a set of antitobacco measures adopted by the state of Massachusetts designed to protect young people from advertising. Once again, the court expressed its hostility toward measures designed to restrict commercial speech in the name of the social good. In so doing, the court underscored the enduring tension between the libertarian and social welfare dimensions of contemporary democracy and placed into relief the divisions within the American liberal tradition. PMID:11867307

Tobacco, commercial speech, and libertarian values: the end of the line for restrictions on advertising?

Science.gov (United States)

Bayer, Ronald

2002-03-01

In June of 2001, the Supreme Court overturned a set of antitobacco measures adopted by the state of Massachusetts designed to protect young people from advertising. Once again, the court expressed its hostility toward measures designed to restrict commercial speech in the name of the social good. In so doing, the court underscored the enduring tension between the libertarian and social welfare dimensions of contemporary democracy and placed into relief the divisions within the American liberal tradition.

A libertarian case for mandatory vaccination.

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Brennan, Jason

2018-01-01

This paper argues that mandatory, government-enforced vaccination can be justified even within a libertarian political framework. If so, this implies that the case for mandatory vaccination is very strong indeed as it can be justified even within a framework that, at first glance, loads the philosophical dice against that conclusion. I argue that people who refuse vaccinations violate the 'clean hands principle', a (in this case, enforceable) moral principle that prohibits people from participating in the collective imposition of unjust harm or risk of harm. In a libertarian framework, individuals may be forced to accept certain vaccines not because they have an enforceable duty to serve the common, and not because cost-benefit analysis recommends it, but because anti-vaxxers are wrongfully imposing undue harm upon others. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://www.bmj.com/company/products-services/rights-and-licensing/.

Confronting the neoliberal and libertarian reconceptualisations of ...

African Journals Online (AJOL)

Confronting this phenomenon, this paper reviews neoliberal and libertarian understandings of educational equality and democratic education and interrogates the rationale for the justification of markets in education. In the process, I criticise the notion of possessive individualism as a principle of democratic education on the ...

The Moral Universes of Libertarian Press Theory.

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Wuliger, Gregory T.

1991-01-01

Uses Kantian logic to analyze the statement of Libertarian press theory "Truth beats falsehood in a free marketplace of ideas" as a definition, an observation, and a universal truth. Notes three corresponding moral universes, with differing ethical obligations. Discusses strengths and weaknesses of each. Cautions media ethics analysts…

A libertarian critique of H. Tristram Engelhardt, Jr.'s The Foundations of Bioethics.

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Fry-Revere, Sigrid

1992-01-01

Although Engelhardt's The Foundations of Bioethics is an impressive work, it is plagued by problems of justification, conceptual confusion, and inconsistencies....A libertarian theory can arrive at the same basic requirements of mutual respect, autonomy, nonuse of force, and tolerance for a wide range of diverse life styles without relying on a lowest-common-denominator principle and without depriving fetuses, infants, and the mentally retarded of their status as persons. This can be done by taking a deontological approach to libertarian theory that denies that all moral beliefs are worthy of respect. Some beliefs, such as Engelhardt's belief that fetuses, infants, and the mentally retarded are nonpersons, simply fall beneath the floor of acceptable moral alternatives, even in a libertarian society, because such beliefs are based on a misunderstanding of personhood and violate the principle of mutual respect.

Cancer, obesity, and legitimation of suggested lifestyles: a libertarian paternalism approach.

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Boniolo, Giovanni; Rebba, Vincenzo

2015-01-01

We know that around 30% of all cancers are preventable. We also know that there is clear evidence of the causal relations between obesity and cancer. This means that there could be lifestyles that could prevent obesity and, thus, cancer. Yet, who legitimises these lifestyles and on which ground? Should citizens be free to accept or not to accept policies concerning them? This is a problem faced within what has been named libertarian paternalism. We discuss it, also proposing a version that we call deliberative libertarian paternalism, showing how important this problem is for a proper framing of the lifestyle policies concerning obesity and, thus, cancer prevention.

Libertarian Paternalism Is Not an Oxymoron

OpenAIRE

Sunstein, Cass Robert

2003-01-01

The idea of libertarian paternalism might seem to be an oxymoron, but it is both possible and legitimate for private and public institutions to affect behavior while also respecting freedom of choice. Often people’s preferences are ill-formed, and their choices will inevitably be influenced by default rules, framing effects, and starting points. In these circumstances, a form of paternalism cannot be avoided. Equipped with an understanding of behavioral findings of bounded rationality and bou...

Religious Values and Conflict of Laws

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Sara Tonolo

2016-02-01

Abstract: The wide evolution of private international law is currently recalling attention to the general aspects of the discipline. Europeanization and globalisation of sources of private international law do not preclude the chance that conflict of laws should also deal with individual identities. To the extent that the European systems have hitherto offered to the application of foreign laws, we are faced with the problem of survival in Europe of an idea of the personality of laws. In fact it’s generally accepted that conflict of laws faces the individual identities of people involved in international relations. Cultural identity may be considered collective and individual at the same time, because each member of the group has an identity of its own. Religious values ontribute to defining the cultural identity of individuals: be it in Europe or other countries, cultures, values, civilization, religion, are never absent from the solutions of personal status. Stepping back from the analysis of some cases where religious values are relevant, this Article aims at a theoretical analysis of the subject, involving the contrast between value pluralism, conflict of laws and fundamental rights.

Libertarian Punishment Theory: Working for, and Donating to, the State

OpenAIRE

Walter Block

2009-01-01

In this paper we assume the contours of the libertarian philosophy, its view toward the unjustified state, and, also, the punishment theory of this perspective. We address the narrow question of what punishment is justified for partaking in statist activities.

Libertarian Punishment Theory: Working for, and Donating to, the State

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Walter Block

2009-02-01

Full Text Available In this paper we assume the contours of the libertarian philosophy, its view toward the unjustified state, and, also, the punishment theory of this perspective. We address the narrow question of what punishment is justified for partaking in statist activities.

Diversity and Choice in School Education: A Modified Libertarian Approach.

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Hargreaves, David H.

1996-01-01

Argues from a modified libertarian position that diversity and choice in school education are desirable unless some convincing argument and evidence can be shown that the costs greatly outweigh the benefits and any costs incurred cannot be reduced or overcome by limited state intervention. (MJP)

A Libertarian Psychology: Self Ownership - A Condition for Happiness.

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Breggin, Peter R.

1979-01-01

Describes system of libertarian psychology which is an analysis of human conduct consistent with the principles of maximum personal freedom. The author identifies the concept of voluntary exchange by which individuals relate to each other as they choose as the basis for his psychology of self-determination. Journal availability: see SO 507 190.…

The Rule of Law and the U.S. Quest for Security in El Salvador

Science.gov (United States)

2007-03-12

separation of powers, both of which significantly advanced the importance of the rule of law in Western political philosophy . The Declaration of Independence...and civil libertarians on the left, and perhaps helped exacerbate existing class tensions.180 More importantly, the inability of democratically

Value-orientation of the law vs. legal positivism

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Trajković Marko

2014-01-01

Full Text Available The law cannot squeeze out values. Thus, it comes as an imperative of our reality to set the place for the law in the world of values. The world of values is not apart from our reality. In our reality the world of values is the purpose of everything that exists. Actually, it is about the demand to bring values into our reality. The meaning of values is absolute. The eternity of values immediately points to the absolute order of values, which as such has its 'homeland' in Creator. The issue of finding the place of the law in the world of values is a 'pre-legal' issue. Thereby the world of values is becoming the assumption of the existence and development of the law. Legal norm then becomes the formulation of values. Legal norm is not precious in itself, but only if it expresses fundamental values. Legal norm has to be the logical formulation, that is to say, it has to deliver the contents of value correctly and appropriately. As an expression of the value dimension legal norm obtains the binding power. Keeping in mind the legal norm defined in such a way, nobody can deny its necessity in reality. The law then expresses the contents of value and proposes the model of the ideal behavior. The fact that values have 'creating power' is thus proved to be true.

Brownian gas models for extreme-value laws

International Nuclear Information System (INIS)

Eliazar, Iddo

2013-01-01

In this paper we establish one-dimensional Brownian gas models for the extreme-value laws of Gumbel, Weibull, and Fréchet. A gas model is a countable collection of independent particles governed by common diffusion dynamics. The extreme-value laws are the universal probability distributions governing the affine scaling limits of the maxima and minima of ensembles of independent and identically distributed one-dimensional random variables. Using the recently introduced concept of stationary Poissonian intensities, we construct two gas models whose global statistical structures are stationary, and yield the extreme-value laws: a linear Brownian motion gas model for the Gumbel law, and a geometric Brownian motion gas model for the Weibull and Fréchet laws. The stochastic dynamics of these gas models are studied in detail, and closed-form analytical descriptions of their temporal correlation structures, their topological phase transitions, and their intrinsic first-passage-time fluxes are presented. (paper)

A Theoretical Framework for Media Law Courses (Approaches to Teaching Freedom of Expression).

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Helle, Steven

1991-01-01

Suggests that most students prefer teachers have a theme that provides coherence and cohesiveness to media law courses. Explains how libertarian and neoliberal themes can guide learning and enumerates some of the principles of the two theories. Identifies drawbacks of the case analysis approach to such courses. (SG)

[AGAINST PATERNALISTIC VIEWS ON NEUROENHANCEMENT: A LIBERTARIAN EVOLUTIONARY ACCOUNT].

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Corbellini, Gilberto; Sirgiovanni, Elisabetta

2015-01-01

The term "enhancement" has come to represent a very precise form of improving individual skills. By means of pharmaceutics, surgery, and reproductive technology, all originally intended for clinical use, healthy individuals may improve their cognitive and emotional capacities for many reasons, such as to gain a competitive edge. In today's society, cognitive performance and mood assume a more relevant role than physical ability if one aspires to emerge above the average. In this paper, we present and discuss common views on "neuroenhancement," a term often used to describe the use of artificial means that interfer with brain function to improve cognitive skills. Most philosophical arguments and beliefs on the topic are based on some inappropriate distinctions and definitions which favour unfruitful alarmist attitudes and may obscure the complexity of the issue. In particular we point out that both radical prohibitionist and libertarian approaches are affected by paternalistic ideas which we refute. We also show that even though enhancement nowadays is occurring at an impressive rate, we cannot infer that it is a present-day phenomenon, because enhancement is a human disposition, shared between most species and has always existed. We argue against moralistic views on neuroenhancement and defend a reasoned libertarian perspective. We believe that case-by-case evolutionary-medical heuristics is the best approach to help individuals in their autonomous choices.

A nudge in the right direction? Towards a sociological engagement with libertarian paternalism

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Brown, P.

2012-01-01

Interventions framed through a behavioural lens, particularly ‘Nudge’, are gaining credence in US and UK policy circles, not least around healthcare. Key tenets of this ‘libertarian paternalist’ approach are discussed and related to sociological theory. The influential position of nudge begs

Attitudes toward Mental Illness: The Construction of the Libertarian Mental Health Ideology Scale.

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Nevid, Jeffrey S.; Morrison, James

1980-01-01

The study was an attempt to construct an attitude scale to measure the radical psychosocial or libertarian position about "mental illness" and mental health practices. The factor analysis defined four scale factors: mental illness mythology, antimedical model, social deviance control, and anti-coercive treatment. (Author)

American Mass Media and the Myth of Libertarianism: Toward an "Elite Power Group" Theory.

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Akhavan-Majid, Roya; Wolf, Gary

1991-01-01

Presents evidence of the demise of Libertarianism in the U.S. mass media system and proposes an "elite power group" model as an alternative explanation of the working of the mass media in the United States. (MG)

Objections to the Libertarian Stem Cell Compromise

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Walter E. Block

2010-11-01

Full Text Available In Block (2010 I offered a compromise between the pro choice position that fervently supports stem cell research, and the pro life philosophy which bitterly opposes it. The compromise was a contest: allow would be researchers to create as many fertilized eggs as they wished. But, also, these should be offered up to would be parents to adopt all of these “children” as they wanted. If and only if there were any unadopted fetuses remaining in the laboratories of the nation would it be licit, on libertarian grounds, for research on them to take place. In the present paper I respond to several objections to this “modest proposal.”

Alfred Russel Wallace's medical libertarianism: state medicine, human progress, and evolutionary purpose.

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Flannery, Michael A

2015-01-01

Alfred Russel Wallace (1823-1913), naturalist and explorer of South America and the Malay Archipelago, secured his place in history by independently discovering the theory of natural selection. His letter outlining the theory was sent from Ternate in eastern Indonesia and received at Down House, according to Charles Darwin (1809-82), on June 18, 1858, prompting the now-famed evolutionist to rush his languishing manuscript to press. Wallace's contributions to evolutionary biology, biogeography, and anthropology are well known, but his medical views have received far less attention. Within the context of a strident populist antivaccination movement and an ominous elitist eugenics campaign, Wallace took his stand, which revealed itself in a libertarianism that defended traditional socialist constituencies (the working poor, the lumpenproletariat, and feminist reformers) against state-mandated medical interventions. Rather than viewing Wallace as a heterodox contrarian, this article argues that his positions were logical outgrowths of his medical libertarianism and evolutionary and social theories. © The Author 2013. Published by Oxford University Press. All rights reserved. For permissions, please e-mail: journals.permissions@oup.com.

The Specific Value of Freedom

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van Hees, Martin

2010-01-01

Freedom is among the most important values in political life, yet there has always been a great deal of disagreement about what this value demands from us. Libertarians argue that it requires that we protect each person's right to own and exchange private property. Liberals argue that it requires

Applying strategies from libertarian paternalism to decision making for prostate specific antigen (PSA) screening.

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Wheeler, David C; Szymanski, Konrad M; Black, Amanda; Nelson, David E

2011-04-21

Despite the recent publication of results from two randomized clinical trials, prostate specific antigen (PSA) screening for prostate cancer remains a controversial issue. There is lack of agreement across studies that PSA screening significantly reduces prostate cancer mortality. In spite of these facts, the widespread use of PSA testing in the United States leads to overdetection and overtreatment of clinically indolent prostate cancer, and its associated harms of incontinence and impotence. Given the inconclusive results from clinical trials and incongruent PSA screening guidelines, the decision to screen for prostate cancer with PSA testing is an uncertain one for patients and health care providers. Screening guidelines from some health organizations recommend an informed decision making (IDM) or shared decision making (SDM) approach for deciding on PSA screening. These approaches aim to empower patients to choose among the available options by making them active participants in the decision making process. By increasing involvement of patients in the clinical decision-making process, IDM/SDM places more of the responsibility for a complex decision on the patient. Research suggests, however, that patients are not well-informed of the harms and benefits associated with prostate cancer screening and are also subject to an assortment of biases, emotion, fears, and irrational thought that interferes with making an informed decision. In response, the IDM/SDM approaches can be augmented with strategies from the philosophy of libertarian paternalism (LP) to improve decision making. LP uses the insights of behavioural economics to help people better make better choices. Some of the main strategies of LP applicable to PSA decision making are a default decision rule, framing of decision aids, and timing of the decision. In this paper, we propose that applying strategies from libertarian paternalism can help with PSA screening decision-making. Our proposal to augment IDM

Beyond the Consent Dilemma in Libertarian Paternalism, a Normative Void

OpenAIRE

Baujard, Antoinette

2015-01-01

CNRS : NR; AERES: NR; International audience; I am convinced by Alain Marciano’s argument (Marciano 2015). He remarks that consent to the condition of choice is considered by neoclassicaleconomics to be an external issue. And although it does remain an issue as far as the theory of rational choice is concerned, there too it is notunjustified to consider it as an external one. For libertarian paternalism, though, it becomes an internal issue as soon as the suppositions ofrationality and perfec...

On Flew’s Compatibilism and His Objections to Theistic Libertarianism

OpenAIRE

GÜNDOĞDU, Hakan

2016-01-01

Flew strongly defends a compatibilist thesis in the free will debate before going on to totally object to theistic libertarianism. His objections basically rely on his compatibilism embracing the notion of agent causation, which is not very common in compatibilist theses. Since he is a strong proponent of ordinary language philosophy, he also holds that linguistic analyses can certainly solve the free will problem as well as many other problems of philosophy. In doing so, he first uses the pa...

Peak Politics: Resource Scarcity and Libertarian Political Culture in the United States

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Schneider-Mayerson, Matthew

My dissertation uses the "peak oil" movement as a lens to analyze the convergence of apocalyptic environmental thinking and libertarian political culture in the recent United States. The "peak oil" movement was a twenty-first century American social movement of Americans who came to believe that oil depletion and other environmental problems would lead to the imminent collapse of global industrial society. Dedicated adherents developed a rich subculture, primarily online, and prepared themselves for the "post-carbon" future by conserving energy, changing occupations, and even purchasing land. Drawing on surveys of over 1,500 participants, ethnographic research, discourse analysis of peak oil websites and literary analysis of subcultural fiction, my research reveals a group of mostly white, male, liberal Americans struggling with the perceived threat of economic, environmental and geopolitical decline while the country undergoes a broad shift in political culture: the continued rise of libertarian ideals, accelerated by the influence of Internet technology. I view this apocalyptic subculture in the context of petroleum dependence, eco-apocalyptic discourses, the environmental discourse of "limits to growth," white masculinity, climate change, and the influence of conservative individualism on American political culture.

Conservation law of plants' energy value dependence of plants ...

African Journals Online (AJOL)

The plants differences in biochemical composition are analyzed, and the conservation law of energy value in plants is obtained. The link between the need for the nutrients and the plants biochemical composition is examined, Liebig's law is specified. Keywords: plant's biochemical composition, biochemistry, energy value in ...

The origins of American health libertarianism.

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Grossman, Lewis A

2013-01-01

This Article examines Americans' enduring demand for freedom of therapeutic choice as a popular constitutional movement originating in the United States' early years. In exploring extrajudicial advocacy for therapeutic choice between the American Revolution and the Civil War, this piece illustrates how multiple concepts of freedom in addition to bodily freedom bolstered the concept of a constitutional right to medical liberty. There is a deep current of belief in the United States that people have a right to choose their preferred treatments without government interference. Modern American history has given rise to movements for access to abortion, life-ending drugs, unapproved cancer treatments, and medical marijuana. Recently, cries of "Death Panels" have routinely been directed against health care reform proposals that citizens believe would limit the products and procedures covered by government health insurance. Some of the most prominent contemporary struggles for health freedom have been waged in court. But other important recent battles for freedom of therapeutic choice have taken place in other forums, from legislative hearings to Food and Drug Administration advisory committee meetings to public demonstrations. This attitude of therapeutic libertarianism is not new. Drawing mainly on primary historical sources, this Article examines arguments in favor of freedom of therapeutic choice voiced in antebellum America in the context of battles against state licensing regimes. After considering some anti-licensing arguments made before independence, it discusses the views and statements of Benjamin Rush, an influential founding father who was also the most prominent American physician of the early national period. The Article then analyzes the Jacksonian-era battle against medical licensing laws waged by the practitioners and supporters of a school of botanical medicine known as Thomsonianism. This triumphant struggle was waged in explicitly constitutional terms

A set-valued force law for spatial Coulomb-Contensou friction

NARCIS (Netherlands)

Leine, R.I.; Glocker, C.

2003-01-01

The aim of this paper is to develop a set-valued contact law for combined spatial Coulomb-Contensou friction, taking into account a normal friction torque (drilling friction) and spin. The set-valued Coulomb-Contensou friction law is derived from a non-smooth velocity pseudo potential. A

Stark laws and fair market value exceptions: an introduction.

Science.gov (United States)

Siebrasse, Paul B

2007-01-01

This article will focus on one aspect of complexity in modern healthcare, namely the implications of Stark laws and other fraud and abuse provisions, including anti-kickback statutes and HIPAA. Also, this article explores the prevalence of fair market value as an exception in the Stark laws and discusses the meanings of those exceptions. Finally, the article explores basic approaches to assessing fair market value, including cost, income, and marketing approaches.

Private law and the European constitutionalisation of values

NARCIS (Netherlands)

Hesselink, M.W.

2016-01-01

According to the CFREU, the EU is founded on the general values such as values of human dignity, freedom, equality and solidarity. In addition, the TEU refers to a more political set of foundational values, ie respect for human dignity, freedom, democracy, equality, the rule of law and respect for

Example of a Non-standard Extreme Value Law

Czech Academy of Sciences Publication Activity Database

Haydn, N.; Kupsa, Michal

2015-01-01

Roč. 35, č. 6 (2015), s. 1902-1912 ISSN 0143-3857 Institutional support: RVO:67985556 Keywords : extreme-value law * rotations of unit circle * non-mixing systems * discrete law * Gumbel distribution * Weibull distribution * Frechet distribution * return times Subject RIV: BB - Applied Statistics, Operational Research Impact factor: 0.983, year: 2015 http://library.utia.cas.cz/separaty/2014/SI/kupsa-0434480.pdf

Political Dimensions of College Impact on Civil-libertarianism and the Integration of Political Perspective: A Longitudinal Analysis

Science.gov (United States)

Finney, Henry C.

1974-01-01

Using longitudinal data, the extent of increased civil-libertarianism among a panel of Berkeley undergraduates is assessed, along with the position of such attitudes in the progressive integration of students' political viewpoints in a more liberal and involved direction over two years. (Author)

Public Values in Water Law: A Case of Substantive Fragmentation?

OpenAIRE

Ambrus, Monika; Gilissen, Herman Kasper; van Kempen, Jasper JH

2014-01-01

Horizontal fragmentation, from a public-values perspective, is a quite well-documented phenomenon in international (water) law. However, the literature does not provide any insight into vertical or substantive fragmentation, i.e. differences in the protection of public values at the various institutional levels. This article assesses whether there is substantive fragmentation in water law at the international, the European, the sub-regional (Danube River Basin), and the Dutch domestic level. ...

Direct to consumer genetic testing and the libertarian right to test.

Science.gov (United States)

Bonython, Wendy Elizabeth; Arnold, Bruce Baer

2017-08-20

Loi recently proposed a libertarian right to direct to consumer genetic testing (DTCGT)- independent of autonomy or utility-reflecting Cohen's work on self-ownership and Hohfeld's model of jural relations. Cohen's model of libertarianism dealt principally with self-ownership of the physical body. Although Loi adequately accounts for the physical properties of DNA, DNA is also an informational substrate, highly conserved within families. Information about the genome of relatives of the person undergoing testing may be extrapolated without requiring direct engagement with their personal physical copy of the genome, triggering rights and interests of relatives that may differ from the rights and interests of others, that is, individual consumers, testing providers and regulators. Loi argued that regulatory interference with exercise of the right required justification, whereas prima facie exercise of the right did not. Justification of regulatory interference could include 'conflict with other people's rights', 'aggressive' use of the genome and 'harming others'. Harms potentially experienced by relatives as a result of the individual's exercise of a right to test include breach of genetic privacy, violation of their right to determine when, and if, they undertake genetic testing and discrimination. Such harms may justify regulatory intervention, in the event they are recognised; motives driving 'aggressive' use of the genome may also be relevant. Each of the above criteria requires clarification, as potential redundancies and tensions exist between them, with different implications affecting different groups of rights holders. © Article author(s) (or their employer(s) unless otherwise stated in the text of the article) 2017. All rights reserved. No commercial use is permitted unless otherwise expressly granted.

The evolution of law in biopreparedness.

Science.gov (United States)

Hodge, James G

2012-03-01

The decade following the terrorist attacks on September 11, 2001, and ensuing anthrax exposures that same fall has seen significant legal reforms designed to improve biopreparedness nationally. Over the past 10 years, a transformative series of legal changes have effectively (1) rebuilt components of federal, state, and local governments to improve response efforts; (2) created an entire new legal classification known as "public health emergencies"; and (3) overhauled existing legal norms defining the roles and responsibilities of public and private actors in emergency response efforts. The back story as to how law plays an essential role in facilitating biopreparedness, however, is pocked with controversies and conflicts between law- and policymakers, public health officials, emergency managers, civil libertarians, scholars, and others. Significant legal challenges for the next decade remain. Issues related to interjurisdictional coordination; duplicative legal declarations of emergency, disaster, and public health emergency; real-time legal decision making; and liability protections for emergency responders and entities remain unresolved. This article explores the evolving tale underlying the rise and prominence of law as a pivotal tool in national biopreparedness and response efforts in the interests of preventing excess morbidity and mortality during public health emergencies.

The political cartoon in the libertarian journal A Plebe (1947-1949

Directory of Open Access Journals (Sweden)

Zélia Lopes Silva

2013-06-01

Full Text Available This article discusses the meanings of imagistic representations (drawings, cartoons published in A Plebe (The Plebs, from May 1947 to May 1949, the last period of the Edgard Leuenroth’s headship. Created in 1917, the newspaper, supported by libertarian principles, set up as a public sphere suited for the proletarian world because of discussing the problems that workers were facing in their daily lives. The paper printed whipping criticisms against the country's elites and fought, without respite, the capitalist system – qualified as parasitic, violent and expropriator –, supported by mystifying and equally violent enactments from its religious arm, expressed in the actions of the Catholic Church and whose struggle against was also systematic.

On the Supposed Evidence for Libertarian Paternalism.

Science.gov (United States)

Gigerenzer, Gerd

Can the general public learn to deal with risk and uncertainty, or do authorities need to steer people's choices in the right direction? Libertarian paternalists argue that results from psychological research show that our reasoning is systematically flawed and that we are hardly educable because our cognitive biases resemble stable visual illusions. For that reason, they maintain, authorities who know what is best for us need to step in and steer our behavior with the help of "nudges." Nudges are nothing new, but justifying them on the basis of a latent irrationality is. In this article, I analyze the scientific evidence presented for such a justification. It suffers from narrow logical norms , that is, a misunderstanding of the nature of rational thinking, and from a confirmation bias , that is, selective reporting of research. These two flaws focus the blame on individuals' minds rather than on external causes, such as industries that spend billions to nudge people into unhealthy behavior. I conclude that the claim that we are hardly educable lacks evidence and forecloses the true alternative to nudging: teaching people to become risk savvy.

Public Values in Water Law: A Case of Substantive Fragmentation?

NARCIS (Netherlands)

Ambrus, M.; Gilissen, Herman Kasper; van Kempen, Jasper

2014-01-01

Horizontal fragmentation, from a public-values perspective, is a quite well-documented phenomenon in international (water) law. However, the literature does not provide any insight into vertical or substantive fragmentation, i.e. differences in the protection of public values at the various

Public Values in Water Law : A Case of Substantive Fragmentation?

NARCIS (Netherlands)

Ambrus, Monika; Gilissen, Herman Kasper; van Kempen, Jasper JH

2014-01-01

Horizontal fragmentation, from a public-values perspective, is a quite well-documented phenomenon in international (water) law. However, the literature does not provide any insight into vertical or substantive fragmentation, i.e. differences in the protection of public values at the various

A libertarian perspective on the stem cell debate: compromising the uncompromisible.

Science.gov (United States)

Block, Walter

2010-08-01

The present paper attempts to forge a compromise between those who maintain that stem cell research is out-and-out murder of young helpless human beings and those who favor this practice. The compromise is predicated upon the libertarian theory of private property rights. Starting out with the premise that not only the fetus but even the fertilized egg is a human being, with all rights thereto, it offers a competition between those who fertilize eggs for research and those who wish to adopt them. If and only if the former win this competition will they be allowed to use these very young human beings for the purposes they have constructed them. This is justified on grounds of avoiding child abuse.

JUDICIAL "TRANSLATION" AND CONTEXTUALISATION OF VALUES: RETHINKING THE DEVELOPMENT OF CUSTOMARY LAW IN MAYELANE

Directory of Open Access Journals (Sweden)

Liz Lewis

2015-11-01

Full Text Available The relevance of Mayelane v Ngwenyama (2013 4 SA 415 (CC has not been exhausted. Particularly the constitutional mandate undertaken by the Constitutional Court to "develop" customary law deserves closer scrutiny. In Mayelane the Constitutional Court, in seeking to vindicate the dignity and equality of women in polygynous marriages, examines the validity of a second marriage in terms of "living" customary law. The Court applies customary law as a "primary" source of law, while it simultaneously promotes the values enshrined in the Constitution, however – bearing in mind that the constitutional values of dignity and equality have their roots in international rights law – the Court is in reality dealing with normative plurality spanning subnational (customary, national as well as international regimes. Furthermore, each of these systems is embedded in its own socio-cultural context, and therefore the liberal individualism of international law could be "foreign" in a customary context, which values communalism. Hence, it is asked whether courts can accommodate pluralism by simply transposing norms and values such as dignity and equality from one system to another, particularly in cases where the court sets out to "develop" customary law. It is argued that norms and values have to be interpreted and applied with reference to their particular context and audience. Thus, there is a need for courts to contextualise and attune, or "translate" norms, whenever they are applied to another system.

To be (or not to be) conceived in liberty

DEFF Research Database (Denmark)

Kurrild-Klitgaard, Peter

2010-01-01

Revised and expanded version of an autobiographical essay contributed to the volume "I Chose Liberty: Autobiographies of Contemporary Libertarians" (ed., Walter Block, 2010), collecting autobiographical notes from classical liberal / libertarian academics within economics, political science, law...

Bioterrorism, public health, and the law.

Science.gov (United States)

Bayer, Ronald; Colgrove, James

2002-01-01

The controversy over the Model State Emergency Health Powers Act has underscored the enduring tension in public health between guarding the common welfare and respecting individual liberty. The current version of the act, crafted in response to extensive public commentary, attempts to strike a balance between these values but has failed to allay the concerns of many civil libertarians and privacy advocates. Although the debates over the model act have been triggered by the threat of bioterrorism, they illustrate broader philosophical differences, with profound implications for all realms of public health policy.

Libertarian paternalism and health care policy: a deliberative proposal.

Science.gov (United States)

Schiavone, Giuseppe; De Anna, Gabriele; Mameli, Matteo; Rebba, Vincenzo; Boniolo, Giovanni

2014-02-01

Cass Sunstein and Richard Thaler have been arguing for what they named libertarian paternalism (henceforth LP). Their proposal generated extensive debate as to how and whether LP might lead down a full-blown paternalistic slippery slope. LP has the indubitable merit of having hardwired the best of the empirical psychological and sociological evidence into public and private policy making. It is unclear, though, to what extent the implementation of policies so constructed could enhance the capability for the exercise of an autonomous citizenship. Sunstein and Thaler submit it that in most of the cases in which one is confronted with a set of choices, some default option must be picked out. In those cases whoever devises the features of the set of options ought to rank them according to the moral principle of non-maleficence and possibly to that of beneficence. In this paper we argue that LP can be better implemented if there is a preliminary deliberative debate among the stakeholders that elicits their preferences, and makes it possible to rationally defend them.

America’s Battle for Media Democracy: The Triumph of Corporate Libertarianism and the Future of Media Reform

Directory of Open Access Journals (Sweden)

Victor Pickard

2014-11-01

Full Text Available This contribution is a recording of the CAMRI research seminar held at the University of Westminster on November 19, 2014, in which Victor Pickard presented his book "America’s Battle for Media Democracy: The Triumph of Corporate Libertarianism and the Future of Media Reform": http://www.cambridge.org/gb/academic/subjects/politics-international-relations/american-government-politics-and-policy/americas-battle-media-democracy-triumph-corporate-libertarianism-and-future-media-reform Why do American media have so few public interest regulations? How did the American media system become dominated by a few corporations, and why are structural problems like market failures routinely avoided in media policy discourse? By tracing the answers to many of these questions back to media policy battles in the 1940s, Victor Pickard explains how this happened and why it matters today. Drawing from extensive archival research, the book uncovers the American media system’s historical roots and normative foundations. His book charts the rise and fall of a forgotten media reform movement to recover alternatives and paths not taken. As much about the present and future as it is about the past, the book proposes policies for remaking media based on democratic values for the digital age. Victor Pickard is an assistant professor at the Annenberg School for Communication at the University of Pennsylvania. Previously he taught media studies at NYU and the University of Virginia, and he worked on media policy in Washington, D.C. as a Senior Research Fellow at the media reform organization Free Press, the public policy think tank the New America Foundation, and Congresswoman Diane Watson’s office. He has published numerous journal articles and book chapters on the history and political economy of media institutions and media reform activism. His op-eds on media policy debates and the future of journalism have appeared in news outlets like The Guardian, The Seattle

The war is a racket! The emergence of the libertarian discourse about world war I in the United States

Directory of Open Access Journals (Sweden)

Alexandre M. da Fonseca

2014-11-01

Full Text Available "It is not a coincidence that the century of war coincided with the century of central banking,” wrote Ron Paul, the libertarian candidate "sensation" for the presidential elections in 2008 and 2012, in the book End the Fed. This discussion explores in short, the powerful pamphlet by Major General Smedley Butler, "War is a Racket", demonstrating, specifically, who profited economically and who, in turn, bore the weight and violence of WW1, assuming that a war is never fought with the acquiescence of the population. However, this monograph goes further, looking for a reinterpretation of the official American history of the First World War through the lens of libertarian discourse. The aim is thus to understand, from another perspective, the fundamental cause of the paradigm shift from nonintervention to intervention taking place during this war, linking it to the project which led to the creation of the League of Nations and the growing importance of the US in the world. Finally, a fundamental connection will be established, exploring the theories argued in the book A Foreign Policy of Freedom, between the policies of Woodrow Wilson and the foreign policy of the United States throughout the 20th century and the beginning of the 21st.

Benchmarking and Accreditation Goals Support the Value of an Undergraduate Business Law Core Course

Science.gov (United States)

O'Brien, Christine Neylon; Powers, Richard E.; Wesner, Thomas L.

2018-01-01

This article provides information about the value of a core course in business law and why it remains essential to business education. It goes on to identify highly ranked undergraduate business programs that require one or more business law courses. Using "Business Week" and "US News and World Report" to identify top…

Criminal Responsibility, Free Will, and Neuroscience

Science.gov (United States)

Hodgson, David

This chapter identifies retributive and consequentialist purposes of the criminal law, and it outlines arguments that retribution should be abandoned, in cluding arguments, based on philosophy and neuroscience, that free will and re sponsibility are illusions. The author suggests that there are good reasons to retain retribution, and identifies ways in which this might be supported, including com patibilist and libertarian views of free will. The author gives reasons for preferring libertarian views, and concludes by considering the role that neuroscience may be expected to play in the future development of the law.

Limit law of the iterated logarithm for B-valued trimmed sums

Indian Academy of Sciences (India)

Limit law of the iterated logarithm for B-valued trimmed sums. KE-ANG FU1, YUYANG QIU1,∗ and YELING TONG2. 1School of Statistics and Mathematics, Zhejiang Gongshang University,. Hangzhou 310018, China. 2Zhejiang Institute of Traditional Chinese Medicine, Hangzhou 310028, China. *Corresponding author.

Limit law of the iterated logarithm for B-valued trimmed sums

Indian Academy of Sciences (India)

Annual Meetings · Mid Year Meetings · Discussion Meetings · Public Lectures · Lecture Workshops · Refresher Courses · Symposia · Live Streaming. Home; Journals; Proceedings – Mathematical Sciences; Volume 125; Issue 2. Limit law of the iterated logarithm for -valued trimmed sums. Ke-Ang Fu Yuyang Qiu Yeling ...

Justice at Sport Clubs According to the Theory of Utilitarianism and Libertarianism

Directory of Open Access Journals (Sweden)

Zimányi Róbert G.

2018-03-01

Full Text Available Today’s sport clubs are exposed to turbulently changing circumstances to which they must adapt. If we want to talk about quality sport clubs, we have to find the qualitative criterion that justifies them. This must then be accepted by society as well. Such aspects of quality and evaluation may show justice. Only one truth exists. Thus the question is how and by what principles we should interpret it. Justice can play a key role in the operation of sport clubs as a moral element. This justice must not necessarily be linked to equality. The goal of this study is to interpret justice as a quality factor in sport clubs. The other goal of the study is to present some theories of justice related to sport. The study examines Bentham’s utilitarianism, Mill’s higher pleasures, and the ideas of libertarianism concerning justice. The theories of justice in addition to social processes also play a key role in today’s sport clubs. During the interpretations, it is important to distinguish between competitive and non-competitive sport clubs in relation to justice. It also depends on the practical applicability of the theory of justice. The practical application of theories of justices should be thoroughly investigated in the life of sport clubs. Then the sport clubs’ management must decide which theory of justice should be introduced. The key question concerns how to apply it consistently in practice while taking into account the interests of existing and prospective members. Finding the potential qualitative key factors for the sport clubs’ qualification is a complex activity. Besides happiness and justice, many other ancient and presently valued virtues can be relevant qualities and distinctive aspects among sport clubs.

Diaspora, dispute and diffusion: bringing professional values to the punitive culture of the Poor Law.

Science.gov (United States)

Kirby, Stephanie

2004-09-01

From the 1870s to the 1920s Poor Law institutions in England developed from destinations of last resort to significant providers of health-care. As part of this process a general professionalisation of Poor Law work took place. The change was facilitated by wider social, philosophical and political influences in nineteenth century England. The introduction of trained nurses into the Poor Law was part of a diaspora of both ideas and people from voluntary institutions and organisations. Unrecognised in 1834, nurses eventually became the most numerous class of workhouse officers. This was not accomplished without dispute and acrimony. As a group and as individuals nurses were often at the centre of disputes. Utilising a social history framework and drawing on contemporary written sources, including Poor Law and nursing journals, this paper highlights the role played by Poor Law nurses in the diffusion of values and attitudes that helped to transform the workhouse regime from one of punishment to therapy.

Potential Leaders and Democratic Values

Science.gov (United States)

Monsma, Stephen V.

1971-01-01

Indicates that potential contenders for public office are likely to be more knowledgeable, interested, and libertarian than the average citizen. Concludes that these differences exist before leaders are elected and that this discrimination is functional in a democracy. (MB)

Fusion Centers and Federalism: Erosion or Enhancement?

Science.gov (United States)

2013-03-01

law enforcement. Acquiring and processing that information, however, can be fraught with peril for the civil libertarian or...centers did not toll the end of local law enforcement or state protections of citizens’ rights—derives from the theory and the practice of American

Mockery as a Conservative Instrument among Libertarians: Pasquim’s Antifeminism

Directory of Open Access Journals (Sweden)

Rachel Soihet

2005-01-01

Full Text Available In the 1960s, amidst the counter-cultural revolution, women’s rebellion emerged side by side with the struggle of North-American Blacks for civil rights and demonstrations against the Vietnam War. A new wave of Feminism broke out in the United States and in Europe, soon followed by a similar movement in Brazil. The women involved pointed to the separation between the public and the private, the personal and the political as a mystification, insisting that domination had a structural character, manifested in the relations of everyday life, and that such systematic character was obscured by the belief that it was the product of personal relations. At that time, Brazil was living under a military dictatorship, with some groups opposing such authoritarian regime and promoting cultural criticism. Mockery was their weapon, as especially illustrated by the members of the newspaper O Pasquim. Paradoxically, the mordacity of many of such writers was visited on women, those women who, fighting for their rights, assumed attitudes which broke with the traditional model of femininity and with established gender relations. They ridiculed militant women by means of labels such as masculine, ugly, bad-tempered, and even perverted and promiscuous, which generated a great response to their articles. We may infer from this attitude that there was a fear of loss of power in gender relations, which reveals a strong conservatism in men who otherwise were libertarians.

LAWS AND PRINCIPLES OF UNIVERSAL VALUE IN SUSTAINABLE DEVELOPMENT INDICATORS ANALYSIS

Directory of Open Access Journals (Sweden)

Andreea CONSTANTINESCU

2014-11-01

Full Text Available Each extension of the scope of laws and principles that allow both mathematical and statistical remodeling as well as reaffirming the appropriateness of proven methods, stirs up a special study interest. The ever-expanding computational power of laws of power offers to the scientific universe possibility of new approach to the crucial relationship between quantity and quality, between micro and macro dimensions. Boosting broadening the use of quasi-universal value theories in research in order to deepen the analysis of sustainable development indicators can lead to a greater understanding of all aspects of this area and to facilitate understanding of the arguments which underlie any responsible decision making. This assumption underlies the logical conclusion that sustainability becomes even stronger as it benefits from scientific arguments support resulting from research. Although we have confined ourselves in drafting some coordinates for application of each method presented to particular issues of sustainable development, this research theme will be strengthened and pursued through appropriate extensive analysis.

Values in global administrative law [essays in honour of Spyridon Flogaitis and Gérard Timsit

CERN Document Server

2011-01-01

Global administrative law has recently emerged as one of the most important contemporary fields in public law scholarship. Concerned with developing fuller understandings of patterns in global governance, it represents one of the most insightful ways of viewing the multifarious forms of public power that now exist beyond the State. Focusing in particular on the search for accountability and legitimacy, it carries with it: testing questions about democracy in post-Westphalian society; the meaning of ideas of "publicness" and "public good;" and the global relevance of values that include due process, equality, and fundamental rights. These, and other issues, are key to critiquing the form of governance that now envelops the globe. This collection of essays brings together leading public law scholars who are working in the field of global administrative law. Based on papers presented at a workshop held at Sciences-Po in Paris in late 2008, it addresses past and future challenges related to global governance. Eac...

Amendments to the Law on Value Added Tax in Kosovo

Directory of Open Access Journals (Sweden)

Simeana Beshi

2016-03-01

Full Text Available Main purpose of this paper is to explore and analyze the objectives and effects of amendments in the Law on Value Added Tax (VAT as part of the new fiscal package in Kosovo. This paper is based on a quantitative analysis. Some of the methods used in this paperwork are: historical- , descriptive-, and comparative method. It relies on facts and researches conducted by international organizations, based on productive forces and on the development of economic capacities in general, also a comparative overview of the fiscal policies applied in different states. This paper presents also the challenges of Kosovo, towards EU, by harmonizing tax legislation, fiscal policy and combating tax evasion.

Academe's Still-Precarious Freedom

Science.gov (United States)

Heins, Marjorie

2013-01-01

For years, libertarians had fought laws and policies barring Communists from teaching as direct assaults on the First Amendment, while supporters of loyalty programs had painted all Communists as mental slaves of Moscow. In 1952 the Supreme Court upheld New York's 1949 Feinberg Law, which required detailed procedures for investigating the loyalty…

Found in Translation: The Value of Teaching Law as Culture

DEFF Research Database (Denmark)

Carlson, Kerstin Bree

2013-01-01

as culturally specific. Yet, as law practice becomes more globalized, such awareness is an increasingly necessary element of any practitioner’s toolkit. This Article explores three examples of cross-cultural blunders to demonstrate the necessity of being sensitive to law in cultural context.......Although the study of law within its larger culture is emerging, recognition of law as culture is still generally nascent within legal studies and preprofessional programs. In fact, the greater recognition of law’s social and political role may have impeded a consideration of law’s role...

Some optimal considerations in attitude control systems. [evaluation of value of relative weighting between time and fuel for relay control law

Science.gov (United States)

Boland, J. S., III

1973-01-01

The conventional six-engine reaction control jet relay attitude control law with deadband is shown to be a good linear approximation to a weighted time-fuel optimal control law. Techniques for evaluating the value of the relative weighting between time and fuel for a particular relay control law is studied along with techniques to interrelate other parameters for the two control laws. Vehicle attitude control laws employing control moment gyros are then investigated. Steering laws obtained from the expression for the reaction torque of the gyro configuration are compared to a total optimal attitude control law that is derived from optimal linear regulator theory. This total optimal attitude control law has computational disadvantages in the solving of the matrix Riccati equation. Several computational algorithms for solving the matrix Riccati equation are investigated with respect to accuracy, computational storage requirements, and computational speed.

Demonstrating the Gas Laws.

Science.gov (United States)

Holko, David A.

1982-01-01

Presents a complete computer program demonstrating the relationship between volume/pressure for Boyle's Law, volume/temperature for Charles' Law, and volume/moles of gas for Avagadro's Law. The programing reinforces students' application of gas laws and equates a simulated moving piston to theoretical values derived using the ideal gas law.…

Untangling the Strands of the Fourteenth Amendment.

Science.gov (United States)

Lupu, Ira C.

1979-01-01

Explores trends in the Court's interpretation of the libertarian and egalitarian dimensions of the Fourteenth Amendment and offers a theory of the two strands. Available from Michigan Law Review, Hutchins Hall, Ann Arbor, MI 48109; single issues $3.50. (Author/IRT)

Mockery as an anti-feminist weapon: a conservative instrument wielded by libertarians

Directory of Open Access Journals (Sweden)

Rachel Soihet

Full Text Available In the 1960's, amid the countercultural rebellion, together with the struggle of North-American blacks for civil rights and with protests against the Vietnam War, emerges the women's rebellion. A new feminist setting is urged forward in the United States and in Europe, with a vivid expression in Brazil as well: those women deemed the separation between public and private, between personal and political a mystification, and insisted on the structural nature of domination expressed in the relations of quotidian life, a domination whose systematic nature appeared obscured, as if it were the product of personal situations. At that time, though Brazil was vexed in the mire of a military dictatorship, the outstanding endeavors of some - inspired in the countercultural ideals against the regime - made great strides in combating authoritarianism and promoting criticism of customs. Ridicule was their weapon, skillfully wielded by members of the journal O Pasquim. Paradoxically, however, the mordacity of many of the writers turned equally against the women who fought for their rights and who assumed attitudes considered inadequate according to the traditional femininity standards, and to the established relations between genders. The writers of the journal would ridicule the militants, making use of labels such as "masculine, ugly, flat-chested," not to mention "depraved, promiscuous," which earned them great repercussion. Such a pattern of behavior stems from the fear of relinquishing male predominance in gender power relations, evincing strong conservatism in contrast with attitudes seen as libertarian under other circumstances.

Power Laws are Disguised Boltzmann Laws

Science.gov (United States)

Richmond, Peter; Solomon, Sorin

Using a previously introduced model on generalized Lotka-Volterra dynamics together with some recent results for the solution of generalized Langevin equations, we derive analytically the equilibrium mean field solution for the probability distribution of wealth and show that it has two characteristic regimes. For large values of wealth, it takes the form of a Pareto style power law. For small values of wealth, wGeneralized Lotka-Volterra type of stochastic dynamics. The power law that arises in the distribution function is identified with new additional logarithmic terms in the familiar Boltzmann distribution function for the system. These are a direct consequence of the multiplicative stochastic dynamics and are absent for the usual additive stochastic processes.

The principles and values of the social state of law as a legal and political framework for resolving conflicts

International Nuclear Information System (INIS)

Valencia Hernandez, Javier Gonzaga

2008-01-01

The social state of law is the legal politic framework proposed in the 1991 Constitution, in which Colombians expect to construct a new relationship with nature, based in principles and values such as life, prevalence of general interest over the individual, solidarity, protection of cultural and natural wealth, human dignity and civic participation. The environmental conflicts currently pose a new challenge for the jurists, given that for its comprehension, development and solution proposal it becomes necessary to have a general legal framework and rules of environmental law, as well as principles and values consecrated in the constitution and in other international instruments ratified by Colombia. The participation of an informed, trained and deliberative citizenship, in the resolution of environmental conflicts and in the decisions taken over the environment, will create a dynamic public opinion that will question governors, will manage jointly their own projects and will promote different values from those created from the consumer societies and the individual ownership in the actual states

THE INFLUENCE OF THE CULTURE OF LAW IN LAW ENFORCEMENT CRIMINAL ACTS IN THE FIELD OF FISHERIES

Directory of Open Access Journals (Sweden)

Abd Asis

2015-07-01

Full Text Available Indonesia has the potential of marine and fisheries and a good variety of renewable or not renewable, but in the field fishery optimally still hampered with the rampant practice of catching fish illegally or criminal acts in the field of fisheries. The purpose of this writing is to know the influence of the culture of law in law enforcement criminal acts in the field of fisheries. Writing this type of normative research using secondary data, then the data were analyzed qualitatively-normative, examine the way interpret and construct the statement contained in document per-Act. The results showed that the law is strongly influenced by factors such as, among others: values, attitudes, and the community's view of called with cultures of law. Based on legal cultures which may give rise to differences in law enforcement between the communities that one with other communities. The legal culture is linked to the professionalism of law enforcers in the exercise of his duties, and public awareness in adhering to the law itself. Overall attitudes and values and behavior that determine the applicable law on society. Thus, the construction of the legal awareness should be oriented in an effort to promote the values underlying the legislation in question as well as paying attention to the communication of the ruling factor in order for the contents of such laws can be known by the public at large as the target of the rule of law itself. So the culture of the law contains the meaning of the process of internalization of values that are alive and thriving in the community who can serve as a cornerstone in understanding and law enforcement especially in the field of fisheries. Therefore, the fundamental issues should be against the law as already described above should be addressed properly

The Reform of the Procedural Religious Court Law Based on Islamic Law in Indonesian Legal System

Directory of Open Access Journals (Sweden)

Abdullah Gofar

2017-07-01

Full Text Available The history of the development of religious courts and the inner atmosphere struggle of Muslims in Indonesia which faced the state’s political force in the New Order era has brought forth the religious procedural law. Article 54 of The 1989 Law No.7 stated that "the applicable law in the Religious Courts are applicable procedural law in the General Court, except those specifically regulated in this law." Philosophically, the Western law both civil substantive law (Burgerlijke Wetboek and formal law/civil procedure (HIR and Rbg, prepared using the approach of individualism, secular, the optical properties of the nature legal dispute was seen as objects (Zaak which is sheer material. While the substantive law in religious courts is the law derived from Islamic law that stem from philosophical values of Islam. So, the presence of the Religious Courts in the scope of judicial in Indonesia still raises problems, including: Why is the western law of civil procedure which promote the value of materialism and formal correctness adopted into religious procedural law, whereas the philosophical orientation is not aligned with the substantive law based on Islamic law, and what are the efforts to reform the reformulation of procedural law of religious courts.

Expiration of private property rights: a note

Directory of Open Access Journals (Sweden)

Walter E. Block

2015-05-01

Full Text Available According to libertarian law, upon what occasions may a person’s private property rights in goods, commodities, in himself, be alienated from him? The present paper is an attempt to wrestle with this question. We consider abandonment, punishment, salvage, misplacement, liberation of property.

Transnational Constitutional Law

OpenAIRE

Zumbansen, P (Peer); Bhatt, Kinnari

2018-01-01

textabstractThis chapter provides an overview of the emerging field of transnational constitutional law (TCL). Whilst questions of constitutional law are typically discussed in the context of a specific domestic legal setting, a salient strategy of TCL is to understand constitutional law and its values by placing them ‘in context’ with existing and evolving cultural norms and political, social and economic discourses and struggles. Drawing on socio-legal investigations into the relationships ...

Law and Foreign Policy: Problems in Intercultural Communications.

Science.gov (United States)

Bozeman, Adda B.

The values and norms of Western law are not universally accepted as basic values and norms in other cultures. Therefore, the contractual processes of Western law should not be considered the basic foundation for all foreign policy negotiations. In Western cultures, principles of law are differentiated from other values based on religion, ethics,…

THE IMPLEMENTATION OF LILIFUK CUSTOMARY LAW TOWARDS COASTAL ENVIRONMENTAL DEGRADATION OF KUPANG BAY

Directory of Open Access Journals (Sweden)

Ranny Christine Unbanunaek

2017-02-01

Full Text Available The kuanheun coastal communities have a customary law that help maintain coastal environmental sustainability resourceS called as lilifuk customary law(lilifuk atolan instrument. This research applied empirical method by formulating three problems: what are the values embedded in lilifuk customary law; how is the of lilifuk customary law contribution to prevent coastal environmental degradation; and how is the correlation between lilifuk customary law values and the law provision on coastal areas and small islands management. The result of the research identified the following; the first, Lilifuk customary law contains religious value, ecological value, communal value, social relations value, solidarity and responsibility value, social leadership value, and educational value. Second, the settlement of law violation by lilifuk customary law is conduted by the following steps: reporting; discussion; verdict; and  execution. Third, there is a correlation between the lilifuk customary lilifuk values and  WP3K Law values. Keywords: lilifuk customary law, environmental degradation, kupang bay

Rule of morality vs. rule of law? An exploratory study of civil servant values in China and the Netherlands

NARCIS (Netherlands)

Yang, L.; van der Wal, Z.

2014-01-01

This article assesses whether civil servant values in China and the Netherlands reflect different administrative traditions (i.e., rule of morality vs. rule of law). The question is highly relevant because both countries have recently undergone reform and modernization, and their mutual dealings and

Stochastic model of Zipf's law and the universality of the power-law exponent.

Science.gov (United States)

Yamamoto, Ken

2014-04-01

We propose a stochastic model of Zipf's law, namely a power-law relation between rank and size, and clarify as to why a specific value of its power-law exponent is quite universal. We focus on the successive total of a multiplicative stochastic process. By employing properties of a well-known stochastic process, we concisely show that the successive total follows a stationary power-law distribution, which is directly related to Zipf's law. The formula of the power-law exponent is also derived. Finally, we conclude that the universality of the rank-size exponent is brought about by symmetry between an increase and a decrease in the random growth rate.

Perspectives on a Torts Course.

Science.gov (United States)

Bernstein, Anita

1993-01-01

One law professor has added interest to a torts course by asking students to select one of five perspectives (economics, corrective justice, feminism, libertarianism, and practicality) on the course content and study it throughout the course. On the final examination, each student must answer one essay question from that viewpoint. (MSE)

Measuring Absolutists: Justices Hugo L. Black and William O. Douglas and Their Differences of Opinion on Freedom of the Press.

Science.gov (United States)

Schwartz, Thomas A.

The absolutist approach to the First Amendment of the United States Constitution--argued for many years by Supreme Court Justices Hugo L. Black and William O. Douglas--is regarded as the most libertarian interpretation by most mass communication law students. However, the two justices found agreement difficult in some First Amendment cases,…

New Paradigm for Global Rule of Law

Directory of Open Access Journals (Sweden)

Winston P. Nagan

2012-04-01

Full Text Available Law is both a condition and a consequence of social development, an outcome of the broader social process, a form of social organization which channels social energies based on the relative strength of past practice and precedent, the present balance of power and emerging social values. Values are the bedrock of social process and the driving force for social activism. Historically, law evolves as a mechanism for conflict avoidance and resolution founded on the practical management of conflict and higher values, made possible by the implicit acceptance and internalization of the authority component of collective expectations. Established law acts as a conservative force of the status quo subject to continuous pressure to evolve from the changing public conscience and social values. Lasswell’s comprehensive model of social process highlights the contribution of multiple participants to the evolution of law at the macro and micro level, including the role of individual value demands and the potential assertive power of the human community as a whole. The article explores the potential role of non-states in changing international law regarding the legality of nuclear weapons. An appreciation of the integral relationship between law, politics and society is essential to a fuller understanding of social, power and legal processes and the goal of universalizing peace and human dignity.

Archie's law - a reappraisal

Science.gov (United States)

Glover, Paul W. J.

2016-07-01

When scientists apply Archie's first law they often include an extra parameter a, which was introduced about 10 years after the equation's first publication by Winsauer et al. (1952), and which is sometimes called the "tortuosity" or "lithology" parameter. This parameter is not, however, theoretically justified. Paradoxically, the Winsauer et al. (1952) form of Archie's law often performs better than the original, more theoretically correct version. The difference in the cementation exponent calculated from these two forms of Archie's law is important, and can lead to a misestimation of reserves by at least 20 % for typical reservoir parameter values. We have examined the apparent paradox, and conclude that while the theoretical form of the law is correct, the data that we have been analysing with Archie's law have been in error. There are at least three types of systematic error that are present in most measurements: (i) a porosity error, (ii) a pore fluid salinity error, and (iii) a temperature error. Each of these systematic errors is sufficient to ensure that a non-unity value of the parameter a is required in order to fit the electrical data well. Fortunately, the inclusion of this parameter in the fit has compensated for the presence of the systematic errors in the electrical and porosity data, leading to a value of cementation exponent that is correct. The exceptions are those cementation exponents that have been calculated for individual core plugs. We make a number of recommendations for reducing the systematic errors that contribute to the problem and suggest that the value of the parameter a may now be used as an indication of data quality.

Religious law versus secular law
The example of the get refusal in Dutch, English and Israeli law

Directory of Open Access Journals (Sweden)

Matthijs de Blois

2010-06-01

Full Text Available The tension between religious law and secular law in modern democracies is illustrated in this article by a discussion of the different approaches to the get (a bill of divorce refusal (based on Jewish law under Dutch, English and Israeli law. These legal orders share many characteristics, but also display important differences as to the role of religion and religious law in the public realm. The Dutch system is the most secular of the three; it does not recognize a role for religious law within the secular system as such. The English legislation provides for means that to a certain extent facilitate the effectuation of a religious divorce. In Israel, finally, the law of marriage and divorce is as such governed by the religious law of the parties concerned; for the majority of the population that is Jewish law. An evaluation of the different approaches in the framework of human rights law reveals the complexities of the collision of the underlying values in terms of equality, religious freedom and minority rights, also having regard to the diversity of opinions within religious communities.

VAT application in travel services pursuant to the Czech and EU legislations and a proposal for amendments in the Czech value-added tax law

Directory of Open Access Journals (Sweden)

Milena Otavová

2010-01-01

Full Text Available The domain of value-added tax has been already fully harmonized. Its regulation dwells on the Council Directive 2006/112/EC on the common system of value-added tax, and all member countries of the European Union are obliged to provide for the implementation of this Directive into their national legislations similarly as the Czech Republic, which entered the European Union on 1 May 2004. The Act no. 235/2004 Coll. on the value-added tax as amended (hereinafter „value-added tax law“ should be therefore in line with the Directive. In reality however, some issues in the VAT law have not been fully harmonized yet. One of these issues is for example the application of a special routine for travel services according to §89 of the VAT law, which is in essential contradiction with the Directive in question, the controversial point being definition of the person of customer whom the Directive understands in a different way than the VAT law. Thus, the characterization of the problem based on the Czech and EU legislations with respect to jurisdiction of the Court of Justice of the European Community forms a framework of the paper. Based on a comparative analysis of the application of special and ordinary routines in providing travel services to the customer by the taxpayer, tax incidence in his assessment base is determined. At the same time, the paper also includes a proposal for the change of the definition of customer in the VAT law so that the application of the given routine is fully in line with the EU Directive.

Labor Laws and Innovation

OpenAIRE

Viral V. Acharya; Ramin P. Baghai; Krishnamurthy V. Subramanian

2013-01-01

Can stringent labor laws be efficient? Possibly, if they provide firms with a commitment device to not punish short-run failures and thereby incentivize the pursuit of value-maximizing innovative activities. In this paper, we provide empirical evidence that strong labor laws indeed appear to have an ex ante positive incentive effect by encouraging the innovative pursuits of firms and their employees. Using patents and citations as proxies for innovation and a time-varying index of labor laws,...

Limits of Kirchhoff's Laws in Plasmonics.

Science.gov (United States)

Razinskas, Gary; Biagioni, Paolo; Hecht, Bert

2018-01-30

The validity of Kirchhoff's laws in plasmonic nanocircuitry is investigated by studying a junction of plasmonic two-wire transmission lines. We find that Kirchhoff's laws are valid for sufficiently small values of a phenomenological parameter κ relating the geometrical parameters of the transmission line with the effective wavelength of the guided mode. Beyond such regime, for large values of the phenomenological parameter, increasing deviations occur and the equivalent impedance description (Kirchhoff's laws) can only provide rough, but nevertheless useful, guidelines for the design of more complex plasmonic circuitry. As an example we investigate a system composed of a two-wire transmission line and a nanoantenna as the load. By addition of a parallel stub designed according to Kirchhoff's laws we achieve maximum signal transfer to the nanoantenna.

Water, law, science

Science.gov (United States)

Narasimhan, T. N.

2008-01-01

SummaryIn a world with water resources severely impacted by technology, science must actively contribute to water law. To this end, this paper is an earth scientist's attempt to comprehend essential elements of water law, and to examine their connections to science. Science and law share a common logical framework of starting with a priori prescribed tenets, and drawing consistent inferences. In science, observationally established physical laws constitute the tenets, while in law, they stem from social values. The foundations of modern water law in Europe and the New World were formulated nearly two thousand years ago by Roman jurists who were inspired by Greek philosophy of reason. Recognizing that vital natural elements such as water, air, and the sea were governed by immutable natural laws, they reasoned that these elements belonged to all humans, and therefore cannot be owned as private property. Legally, such public property was to be governed by jus gentium, the law of all people or the law of all nations. In contrast, jus civile or civil law governed private property. Remarkably, jus gentium continues to be relevant in our contemporary society in which science plays a pivotal role in exploiting vital resources common to all. This paper examines the historical roots of modern water law, follows their evolution through the centuries, and examines how the spirit of science inherent in jus gentium is profoundly influencing evolving water and environmental laws in Europe, the United States and elsewhere. In a technological world, scientific knowledge has to lie at the core of water law. Yet, science cannot formulate law. It is hoped that a philosophical understanding of the relationships between science and law will contribute to their constructively coming together in the service of society.

European health systems and the internal market: reshaping ideology?

Science.gov (United States)

da Costa Leite Borges, Danielle

2011-12-01

Departing from theories of distributive justice and their relation with the distribution of health care within society, especially egalitarianism and libertarianism, this paper aims at demonstrating that the approach taken by the European Court of Justice regarding the application of the Internal Market principles (or the market freedoms) to the field of health care services has introduced new values which are more concerned with a libertarian view of health care. Moreover, the paper also addresses the question of how these new values introduced by the Court may affect common principles of European health systems, such as equity and accessibility.

Water, law, science

Energy Technology Data Exchange (ETDEWEB)

Narasimhan, T.N.

2007-10-17

In a world with water resources severely impacted bytechnology, science must actively contribute to water law. To this end,this paper is an earth scientist s attempt to comprehend essentialelements of water law, and to examine their connections to science.Science and law share a common logical framework of starting with apriori prescribed tenets, and drawing consistent inferences. In science,observationally established physical laws constitute the tenets, while inlaw, they stem from social values. The foundations of modern water law inEurope and the New World were formulated nearly two thousand years ago byRoman jurists who were inspired by Greek philosophy of reason.Recognizing that vital natural elements such as water, air, and the seawere governed by immutable natural laws, they reasoned that theseelements belonged to all humans, and therefore cannot be owned as privateproperty. Legally, such public property was to be governed by jusgentium, the law of all people or the law of all nations. In contrast,jus civile or civil law governed private property. Remarkably, jusgentium continues to be relevant in our contemporary society in whichscience plays a pivotal role in exploiting vital resources common to all.This paper examines the historical roots of modern water law, followstheir evolution through the centuries, and examines how the spirit ofscience inherent in jus gentium is profoundly influencing evolving waterand environmental laws in Europe, the United States and elsewhere. In atechnological world, scientific knowledge has to lie at the core of waterlaw. Yet, science cannot formulate law. It is hoped that a philosophicalunderstanding of the relationships between science and law willcontribute to their constructively coming together in the service ofsociety.

The Vat Exemption for Health Care: Eu Law and its Impact on Swedish law

Directory of Open Access Journals (Sweden)

Påhlsson Robert

2015-12-01

Full Text Available The general rule in EU law is that value-added tax (VAT is to be levied on all goods and services. There are a number of exceptions, however, one of which applies to certain medical services. This paper examines the legal basis for tax exemptions in EU VAT law and in Swedish law, with particular attention to the extent to which the rapidly growing private health-care sector is covered by these tax exemptions.

The Value of Virginity and the Value of the Law: Accommodating Multiculturalism.

Science.gov (United States)

de Lora, Pablo

2015-01-01

Hymenoplasty is a minor surgical procedure requested by women who, for cultural or religious reasons, need to remain a virgin until marriage. In this article I assess whether the public healthcare system of a liberal state should provide it as part of a policy of multicultural accommodation. I conclude that, in order to remain loyal to certain ethical ideals linked to the rule of law, liberal states should give access to hymenoplasty only to women for whom premarital virginity is a precondition for their flourishing within their community and who say they are victims of sexual assault. Copyright 2015 The Journal of Clinical Ethics. All rights reserved.

O aktualnim paradigmama javnog prava kao katalizatorima odnosa ustavnog i upravnog prava

OpenAIRE

Bačić, Arsen; Bačić, Petar

2017-01-01

U tekstu se prikazuju neke nove paradigme koje najizravnije ukazuju na organsku i vitalnu vezu ustavnog i upravnog prava unutar kompleksa javnog prava. Stajalište autora je da primjeri ''vladavine'' (governance), ''administrativnog konstitucionalizma'' (administrative constitutionalism), zatim ''libertarijanskog administrativnog prava'' (libertarian administrative law)... demonstriraju dinamični proces artikulacije suvremenog javnog prava i njegove adaptacije političkom procesu suvremene drža...

Genetic Algorithm Optimizes Q-LAW Control Parameters

Science.gov (United States)

Lee, Seungwon; von Allmen, Paul; Petropoulos, Anastassios; Terrile, Richard

2008-01-01

A document discusses a multi-objective, genetic algorithm designed to optimize Lyapunov feedback control law (Q-law) parameters in order to efficiently find Pareto-optimal solutions for low-thrust trajectories for electronic propulsion systems. These would be propellant-optimal solutions for a given flight time, or flight time optimal solutions for a given propellant requirement. The approximate solutions are used as good initial solutions for high-fidelity optimization tools. When the good initial solutions are used, the high-fidelity optimization tools quickly converge to a locally optimal solution near the initial solution. Q-law control parameters are represented as real-valued genes in the genetic algorithm. The performances of the Q-law control parameters are evaluated in the multi-objective space (flight time vs. propellant mass) and sorted by the non-dominated sorting method that assigns a better fitness value to the solutions that are dominated by a fewer number of other solutions. With the ranking result, the genetic algorithm encourages the solutions with higher fitness values to participate in the reproduction process, improving the solutions in the evolution process. The population of solutions converges to the Pareto front that is permitted within the Q-law control parameter space.

Questioning the Moral Understanding of Law

Directory of Open Access Journals (Sweden)

Pavčnik Marijan

2017-06-01

Full Text Available The primary content-related framework we are bound to are the basic human rights as established in the constitution. These basic rights may change and develop, yet as the heritage of our political and legal culture, they possess such a solid core meaning that only a “dogmatic sceptic” (G. Radbruch can doubt it. In societies with plural values, the moral values expressed by the basic human rights are the most solid moral basis of law. The moral understanding of law is necessarily accompanied by a moral criticism of law. Such criticism is often not pleasing to the authorities, but it cannot be avoided if one wants to live up to our responsibility towards nature, society and future generations. A lawyer who is not interested in these issues and only sticks to the letter of the law acts in a fossilized manner and does not enrich the life that the law is intended for. Legal thought should always have its meaning, as Smole’s Antigone would say.

Constitutional values, therapeutic jurisprudence and legal education ...

African Journals Online (AJOL)

... they have the power to transform thoughts, policies and lives, and that practising law is ... The values and philosophies that law lecturers instil in law students can ... The question remains: How do we transform legal education in South Africa? ... to our constitutional vales and an ability to engage critically with these values.

Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese ...

African Journals Online (AJOL)

Judicial "translation" and contextualisation of values: rethinking the development of customary law in Mayelane · EMAIL FREE FULL TEXT EMAIL FREE FULL TEXT DOWNLOAD FULL ... The incorporation of double taxation agreements into South African domestic law · EMAIL FREE FULL TEXT EMAIL FREE FULL TEXT

The Nuclear Safety Convention - does it confirm existing German law, and update international law?

International Nuclear Information System (INIS)

Lindemann, C.

1995-01-01

Some selected examples are discussed that are intended to answer the question of whether the NSC in its essence represents a development in confirmation of existing German nuclear law, and whether, assuming its coming into effect, this Convention will mean a step forward in the development of international law. The author examines the value of this codification of international law as such, and some of the obligations and standards such as retrofitting measures or shutdown of reactors below safety standard, and continues with briefly discussing the relationship between the NSC and nuclear liability law, the planned provisions for radiological protection in Art. 15, and the obligations for transboundary notification of safety-relevant events. These stipulations are analysed in comparison to existing international law, and with a view to their implementation under German law. Some provisions of the NSC that are based on standards of international technical guidance are compared with German regulatory guides. (orig./HP) [de

INDONESIAN SALVAGE LAW WITHIN THE FRAMEWORK OF CONTEMPORARY MARITIME LAW

Directory of Open Access Journals (Sweden)

Dhiana Puspitawati

2015-12-01

Full Text Available Located in a strategic position, that is between two great oceans and two land masses have made Indonesia a centre of international trade and shipping. In fact, 90% of international trades are carried out through the ocean. It is therefore crucial to assure that the activities in carrying goods across the ocean are incident free. However, if accident happens, assistance from professionals to preserve items of property is desirable. In such, salvage law emerged. This paper discusses comprehensively Indonesian salvage law within the framework of contemporary maritime law. While Indonesian maritime law is mostly based on its national law on the carriage of goods by the sea, in fact, the development of maritime law is highly affected by international practices which are largely based on international conventions and regulations. This research finds that while Indonesian salvage law can be found in Book II Chapter VII article 545-568k Wetboek Van Koophandel or known as Kitab Undang-undang Hukum Dagang (KUHD, which focused narrowly on the value of salved property as the primary measures of success, yet Indonesian salvage law has not been developed in accordance with current international salvage law, which adopted a broader and more balanced approached in both commercial and environmental aspects. Although it is believed that such approached is “culturally unrecognized” in Indonesia, this research argued that since Indonesian waters are part of international waters, all process by waters including salvage should confirm the relevant international practices and regulations. While Indonesia has taken out salvage law from KUHD and regulates it within Act Number 17/2008 on navigation, however, such act only provides one article for salvage stating that salvage will be regulates further by Ministry Regulation. Untill this paper was written no such government regulation produced yet by Indonesia. Since Indonesian waters is the centre of international

Culture and Contract Laws

DEFF Research Database (Denmark)

Lando, Ole

2007-01-01

In the article it is argued that the wish to preserve the cultural values of national law should not prevent the EU from preparing a Code or an Optional Instrument. The no-code countries on the British Isles and in Scandinavia are the most ardent opponents to the idea of unifying European Contract...... Law by way of a code on Contracts. In both these regions however the absence of a code causes problems. In England a prominent writer has found that the major weakness of the judge-made law is its immense diffusion and the consequent difficulty of access to it and the Nordic countries face the same...

Why There are No Dilemmas in Widerquist’s ‘A Dilemma for Libertarians’

Directory of Open Access Journals (Sweden)

Lamont Rodgers

2009-10-01

Full Text Available Karl Widerquist has recently argued that libertarians face two dilemmas. The first dilemma arises because, contrary to what Widerquist takes libertarians to suggest, there is no conceptual link between robust property rights and the libertarian state. Private property rights can legitimately yield non-libertarian states. Libertarians must thus remain committed either to robust property rights or the libertarian state. I call this the “Conceptual Dilemma.”The second dilemma is empirical in nature. Libertarians can try to undermine state property rights by showing that the means by which all present states came to have their property was unjust. However, doing so would presumably undermine almost all the property claims of private individuals. So the dilemma is that libertarians can undermine state property rights only by undermining individual property rights, on the one hand. On the other, libertarians can vindicate private property rights of individuals only by vindicating state property rights. I call this the “Empirical Dilemma.”I attempt to diffuse both of these dilemmas here. I argue that the Conceptual Dilemma relies on a misunderstanding of the libertarian’s commitments. In particular, I show that libertarians need not think robust property rights can yield states more extensive than Nozick’s minimal state. I then argue that Widerquist ignores libertarian scholarship aimed at meeting the Empirical Dilemma. Many libertarians have attempted to demonstrate that there are legitimate private property rights which are illegitimately disregarded by current states. The upshot of this discussion is that there are no genuine dilemmas posed by Widerquist’s “A Dilemma for Libertarians.”

Reflections on the Law and Curricular Values in American Schools

Science.gov (United States)

Russo, Charles J.; Thro, William E.

2012-01-01

The Supreme Court's 1925 ruling in "Pierce v. Society of the Sisters of the Holy Names of Jesus and Mary" ("Pierce"), striking down a law from Oregon that would have required all children, other than those needing special education, between the ages of 8 and 16 to attend public schools, essentially upheld the right of nonpublic…

Constitutionalization of Peruvian Law

Directory of Open Access Journals (Sweden)

César Landa

2013-12-01

Full Text Available Constitutionalizaton of Law’s different areas is a phenomenon gradually more ingrained in our cultural and legal framework. Maybe the best demonstration is the increasingly prominent role of the Constitutional Court (TC – Constitution’s Supreme Interpreter – in defining and redefining concepts, rights and legal principles touching a range of subjects, from TaxLaw to Human Rights. This is relevant to understand the Law and its current effects whether it is valued positively or negatively.

THE FUNCTION OF LEGAL REASONITY IN COURT JUDGEMENT (MODEL ON FINDING THE LAW REFLECTY PANCASILA VALUE

Directory of Open Access Journals (Sweden)

Deka Rachman Budihanto

2017-09-01

Full Text Available Legal research is a process to determine the rule of law, principles of law and legal doctrines in order to address the legal issues at hand. This study using a type of normative juridical (legal research. Rechtvinding understanding in Indonesian as legal discovery (translated literally could mislead rechtvinding function is to find concrete norm to associate the relevant legal facts. Adhering to the understanding of the rechtvinding the judge in carrying out its functions prosecute a legal case can not be separated from efforts to find concrete norms to be linked to the fact the law. Furthermore, when the facts of law has no grounding norms that govern mutatis mutandis thus not regulated in the rules of positive law and customary law. Scholasticism and dialectic method is used as a support hermeneutic interpretation of legal facts to me recht construction of a new legal norm normative ideas should not be separated from Idee recht itself. Rechvinding model contained in the provisions of the Basic Law of Judicial Authority Article 1 in Conjunction with Article 5, Article 10 in conjunction with Article 50 1 for the model Rechtvinding is the approach taken by norma series is a concept of morals and justice and practices considered society as law and the criminal law model rechtvinding is also banned norma concrete (new, to assess the actions (act so that an exit permit from the actions that have not been regulated in the act so that such actions are not punished.

Unification of Patrimonial Laws Governing International Trade

DEFF Research Database (Denmark)

Lando, Ole

2016-01-01

Should the laws of the world dealing with cross-border transactions be unified? Such unification presupposes an agreement on what we understand by ‘law’ and what its sources are. The drafters of uniform laws and lawyers who are preoccupied with comparative law often ask themselves: Is there, among...... the nations, a common core of legal values? If there is, this will facilitate legal unification. It will also make the international law-making easier if, in exceptional cases, a court is permitted to disregard a legal rule....

Pedagogias queer e libertária para educação em cultura visual Queer and libertarian pedagogies for the education in visual culture

Directory of Open Access Journals (Sweden)

Gabriela de Andrade Rodrigues

2010-12-01

manner of education inspired by the homonymous theory that analyzes and experiences sexuality and/or gender as fluid, and not binary. Queer pedagogy does not ignore the diversity of sexual manifestations, but avoids the binary way of understanding gender and culture; it is an education that brings differences into the daily life of the classroom. Libertarian pedagogy finds its theoretical inspiration in the anarchist thinking and practice of many authors, the socialist libertarian movement being the most frequently cited amongst educators. The guiding principles of anarchist pedagogy are: liberty, autonomy, creativity and solidarity - and furthermore, integral education, which proposes a learning that embraces all aspects of the human being (intellectual, social, emotional, and motor, and in which the interests and individuality of the students are valued. In this pedagogy freedom is synonymous with social harmony. Within the sphere of education in visual culture, a concept that widens the contents usually dealt with in art/education with contemporary and daily life cultural manifestations, new forms of teaching afford the student a less predetermined way of understanding the world and him/herself.

The effect of Delaware law on firm value: Evidence from poison pill adoptions

Directory of Open Access Journals (Sweden)

Terry L. Campbell II

2010-07-01

Full Text Available As the leading location for firm incorporations and corporate law, Delaware occupies a unique place in corporate governance and control. In this paper, we provide fresh evidence on whether Delaware’s dominance arises from its takeover laws being in the best interest of shareholders versus managers by investigating the role of the state in which a firm is incorporated on the firm’s adoption of a poison pill. Our results indicate that announcements of adoptions of poison pills by Delaware firms are associated with returns not significantly different from those for non-Delaware firms. Moreover, Delaware firms that adopt poison pills are no more likely to receive a takeover bid, be successfully acquired, or receive better merger terms than non-Delaware firms. Overall, it appears that Delaware law, with regards to takeovers, promotes an environment consistent with a “race to the middle” philosophy, neutral to management and shareholders.

Milton Friedman on Intolerance: A Critique

OpenAIRE

Walter E. Block

2010-01-01

Milton Friedman had long declared himself a small “l” libertarian (to distinguish himself from members of the Libertarian Party). But, libertarianism is based on the twin pillars of the non aggression axiom and private property predicated on homesteading and peaceful exchange. Friedman adopts none of this. Instead, he undergirds his philosophy on “tolerance,” which is no part of libertarianism. Thus, his claim to the mantle of libertarianism, big or small “L” it matters not which, is called i...

A New Role for Local Police in Radiological Security

Science.gov (United States)

2007-09-01

the review of government reports. The concept of using the community policing philosophy as a basis for a local police strategy for radiological...of José Padilla, a former Chicago gang member who became an al Qaeda associate. While many civil libertarians have questioned the subsequent...review the evolution of local policing and the development of current community policing philosophy that guiding the majority of today’s local law

Milton Friedman on Intolerance: A Critique

Directory of Open Access Journals (Sweden)

Walter E. Block

2010-12-01

Full Text Available Milton Friedman had long declared himself a small “l” libertarian (to distinguish himself from members of the Libertarian Party. But, libertarianism is based on the twin pillars of the non aggression axiom and private property predicated on homesteading and peaceful exchange. Friedman adopts none of this. Instead, he undergirds his philosophy on “tolerance,” which is no part of libertarianism. Thus, his claim to the mantle of libertarianism, big or small “L” it matters not which, is called into question.

Law, bioethics and practice in France: forging a new legislative pact.

Science.gov (United States)

Berthiau, Denis

2013-02-01

In France, bioethics norms have emerged in close interaction with medical practices. The first bioethics laws were adopted in 1994, with provisions for updates in 2004 and most recently, in 2011. As in other countries, bioethics laws indirectly refer to certain fundamental values. The purpose of this paper is threefold. First, I shall briefly describe the construction of the French bioethics laws and the values they are meant to protect. Secondly, I will show that the practice of clinical ethics, as reported in a few studies on ART, living organ donation and PGD, challenge the role attributed to doctors as "gatekeepers" of those fundamental values. Thirdly, I will suggest that the quality of medical practices would improve if the law focused on strengthening the tacit pact between doctors and patients, rather than putting doctors in charge of enforcing societal values. Doctors, for their part, would limit their role to what they can do best: provide sufficient patient support and safe care. Against those who argue that we should dispense with bioethics laws altogether, I hold that the laws are useful in order to limit the development of abusive practices. However, a new legislative approach should be adopted which would a positive presumption in favor of patients' requests.

Aksjomaty, prawo naturalne, wartosci i paradygmaty we wspolczesnych koncepcjach rozwoju/Axioms, Natural Law, Values and Paradigms in Contemporary Concepts of Development

OpenAIRE

Franciszek Piontek

2015-01-01

Contemporary concepts of development (the process of globalization, sustainable development) can be diversified according to their relation to axioms, natural law, values and paradigms. The subcategories obtained constitute the ground for business ethics. Ethics in business is always needed, however, it can be implemented at-source (as a component of management) or as an end-of-pipe measure. In Poland, constitutional regulations guarantee, indirectly at least, business ethics as a component o...

Criminal Law in Denmark

DEFF Research Database (Denmark)

Langsted, Lars Bo; Garde, Peter; Greve, Vagn

Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a practical analysis of criminal law in Denmark. An introduction presents the necessary background information about the framework and sources of the criminal justice system, and then proceeds......-trial proceedings, trial stage, and legal remedies. A final part describes the execution of sentences and orders, the prison system, and the extinction of custodial sanctions or sentences. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable...... resource for criminal lawyers, prosecutors, law enforcement officers, and criminal court judges handling cases connected with Denmark. Academics and researchers, as well as the various international organizations in the field, will welcome this very useful guide, and will appreciate its value in the study...

Decree-Law No. 199/88, 31 May 1988.

Science.gov (United States)

1988-01-01

This Decree-Law establishes criteria for the determination of final compensation for expropriation or nationalization of land or agricultural capital. The lack of legal definition of criteria for the determination of such final compensation was a gap in recent Portuguese legislation on land reform. Although the holdings of many landlords and farmers had been nationalized or expropriated after 11 March 1975, the compensation obtained prior to the enactment of this Decree-Law was provisional and reflected outdated values. This Decree-Law closes this gap by establishing the criteria for the determination of final compensation with adjusted value. Under it, any farmer whose land or capital has been nationalized or expropriated since March 1975 may apply for final compensation, from which shall be deducted the value of any provisional compensation previously obtained and any property previously devolved as a "right of reserve" pursuant to pertinent legislation (see Law No. 109/88 of 26 September 1988 and Decree No. 44/88 of 14 December 1988). The final compensation shall be determined by administrative procedure in which the Ministry of Agriculture, Fisheries, and Food; the Ministry of Finance; and the applicant are represented. full text

Optimization of motion control laws for tether crawler or elevator systems

Science.gov (United States)

Swenson, Frank R.; Von Tiesenhausen, Georg

1988-01-01

Based on the proposal of a motion control law by Lorenzini (1987), a method is developed for optimizing motion control laws for tether crawler or elevator systems in terms of the performance measures of travel time, the smoothness of acceleration and deceleration, and the maximum values of velocity and acceleration. The Lorenzini motion control law, based on powers of the hyperbolic tangent function, is modified by the addition of a constant-velocity section, and this modified function is then optimized by parameter selections to minimize the peak acceleration value for a selected travel time or to minimize travel time for the selected peak values of velocity and acceleration. It is shown that the addition of a constant-velocity segment permits further optimization of the motion control law performance.

Nuclear Energy Law and Arbo Law/Safety Law

International Nuclear Information System (INIS)

Eijnde, J.G. van den

1986-01-01

The legal aspects of radiation protection in the Netherlands are described. Radiation protection is regulated mainly in the Nuclear Energy Law. The Arbo Law also has some sections about radiation protection. The interaction between both laws is discussed. (Auth.)

Receptor theory and biological constraints on value.

Science.gov (United States)

Berns, Gregory S; Capra, C Monica; Noussair, Charles

2007-05-01

Modern economic theories of value derive from expected utility theory. Behavioral evidence points strongly toward departures from linear value weighting, which has given rise to alternative formulations that include prospect theory and rank-dependent utility theory. Many of the nonlinear forms for value assumed by these theories can be derived from the assumption that value is signaled by neurotransmitters in the brain, which obey simple laws of molecular movement. From the laws of mass action and receptor occupancy, we show how behaviorally observed forms of nonlinear value functions can arise.

Power laws in Ising nanostripes

International Nuclear Information System (INIS)

Drzewinski, A.; Sznajd, J.; Szota, K.

2005-01-01

The results of high accuracy density-matrix renormalization-group calculations for infinite Ising stripes of finite widths 100 ≤ L ≤ 400 are presented. It is shown that in the presence of the small external magnetic field the infinite system critical power laws can be observed for L of order hundreds nm. The single power law describes the field dependence of the magnetization or the longitudinal correlation length only on the infinite system critical isotherm independently of the value of L. The approximate power law which describes how the magnetization varies with a distance from the infinite system critical point for several directions in the plane (temperature, external field) is also studied. (author)

Limiting law excess sum rule for polyelectrolytes.

Science.gov (United States)

Landy, Jonathan; Lee, YongJin; Jho, YongSeok

2013-11-01

We revisit the mean-field limiting law screening excess sum rule that holds for rodlike polyelectrolytes. We present an efficient derivation of this law that clarifies its region of applicability: The law holds in the limit of small polymer radius, measured relative to the Debye screening length. From the limiting law, we determine the individual ion excess values for single-salt electrolytes. We also consider the mean-field excess sum away from the limiting region, and we relate this quantity to the osmotic pressure of a dilute polyelectrolyte solution. Finally, we consider numerical simulations of many-body polymer-electrolyte solutions. We conclude that the limiting law often accurately describes the screening of physical charged polymers of interest, such as extended DNA.

Individual psychological features of law enforcement officers convicted of crimes

Directory of Open Access Journals (Sweden)

Lyutykh V.A.

2016-06-01

Full Text Available The relevance of this topic is caused by a significant number of crimes committed by law enforcement officers and the necessity of active prevention. The aim of the study was to determine the individual psychological characteristics of law enforcement officers convicted of intentional crimes. The hypothesis was suggested that the main difference of individual psychological characteristics of law enforcement officers convicted of intentional crimes from individual psychological characteristics of law-abiding law enforcement officers is the difference between the principal values of the person both the main motives of activity adopted by an individual and the structure and the hierarchy of these values. This article describes the progress and results of empirical research conducted on the materials of psychodiagnostic examination of: employees who have been convicted of intentional crimes; law-abiding employees; people entering an internal affairs agency. Test subjects - men 18-46 years old, 90 people. Recommendations for practical psychologist of internal affairs agencies on detection of individual psychological personality features typical for law enforcement officers convicted of intentional crimes are formulated based on the obtained results.

The value of crop germplasm and value accounting system

Institute of Scientific and Technical Information of China (English)

WANG Xiaowei; DING Guangzhou; CHANG Ying

2007-01-01

The value evaluation and accounting of crop germplasm not only provides the theory and method for the price of germplasm, thus makes further lawful and fair transactions, but also ensures the benefits of crop germplasm owners and is also instructive in keeping the foodstuff safety. This paper founded a multidimensional value accounting system, which included physical accounting, value accounting and quality index accounting; individual accounting and total accounting; quantity accounting and quality accounting.

The courts and the code. Legal osmosis between religion and law in the cultural framework of civil law systems

Directory of Open Access Journals (Sweden)

Antonio Fuccillo

2017-09-01

Full Text Available SUMMARY: 1. The value of religious law in modern (and secular states - 2. Religious rules and individual choices in Europe - 3. Religious law and the fields in which it can operate effectively - 4. The rules of religious courts in civil legal systems - 4.1 ..The direct referral to religious laws - 4.2. The pronounces of religious courts and its importance for faithful - 5. The development of Religious Arbitration Courts in Italy - 6. Does religious jurisdiction another side of religious freedom?

Corporate Social Responsibility: what role for law?

DEFF Research Database (Denmark)

Buhmann, Karin

2006-01-01

, the article questions the conception that CSR is to do “more than the law requires”. CSR is discussed with the triple bottom line as a point of departure, focussing on social (esp. labour and human rights) and environmental dimensions. It is argued that CSR functions as informal law, and that important...... principles of law function as part of a general set of values that guide much action on CSR. Furthermore, it is argued that aspects of law in the abstract as well as in the statutory sense and as self-regulation influence the substance, implementation and communication of CSR, and that the current normative...

Characterizing delamination of fibre composites by mixed mode cohesive laws

DEFF Research Database (Denmark)

Sørensen, Bent F.; Jacobsen, Torben K.

2009-01-01

A novel method is used for the determination of mixed mode cohesive laws and bridging laws for the characterisation of crack bridging in composites. The approach is based on an application of the J integral. The obtained cohesive laws were found to possess high peak stress values. Mixed mode...

Federal Administrative Court on priorities between water law and nuclear law procedures

International Nuclear Information System (INIS)

Anon.

1980-01-01

With its decision of November 22, 1979 - BVerwG 4 B 162/79 -, the Federal Administration Court, at the expense of the plaintiff, has judged against a Bremen resident who had lodged a complained against the non-admission of an appeal in a partial verdict by the Lueneburg Higher Administrative Court concerning licenses under water law for Kernkraftwerk Unterweser. The value in litigation for the complaint procedure was set at DM 5000,-. In its partial verdict of February 12, 1979 - VII OVG A 113/77 - the Lueneburg Higher Administrative Court had decided that the plaintiff's rights are not infringed by the administrative steps under water law taken by the defendant district, and that pleas under nuclear law cannot be entered in the present procedure. The Federal Administrative Court was of the same opinion. The reasons for its decision are given in full wording. (orig./HP) 891 HP/orig.- 892 CKA [de

Determination of Henry’s Law Constants Using Internal Standards with Benchmark Values

Science.gov (United States)

It is shown that Henry’s law constants can be experimentally determined by comparing headspace content of compounds with known constants to interpolate the constants of other compounds. Studies were conducted over a range of water temperatures to identify temperature dependence....

How Collateral Laws Shape Lending and Sectoral Activity

OpenAIRE

Calomiris, Charles W.; Larrain, Mauricio; Liberti, José; Sturgess, Jason

2015-01-01

This paper investigates the effect of cross-country differences in collateral laws regarding movable assets on lending and sectoral allocation of resources. Using micro-level loan data for a sample of emerging market countries we show that loan-to-values of loans collateralized with movable assets are on average 21 percentage points higher in countries with strong-collateral laws relative to immovable assets. Further, stronger collateral laws tilt collateral composition away from immovable to...

The Dynamics of Marriage Law and Custom in the United States

Directory of Open Access Journals (Sweden)

Elizabeth Ann Wilson Whetmore

2013-02-01

Full Text Available This article examines changes in marriage laws and related cultural norms and values in the United States across the last several decades, and discusses correlating worldview shifts. It appears that the “traditional” worldview produced earlier laws, cultural norms and values, and changes to these have corresponded with a cultural worldview shift, first into “modernism” and then towards “postmodernism.” The implications of these worldview shifts for ongoing change to marriage law and custom are also analyzed.

THE PRINCIPLES OF LAW. PHILOSOPHICAL APPROACH

Directory of Open Access Journals (Sweden)

MARIUS ANDREESCU

2013-05-01

Full Text Available Any scientific intercession that has as objective, the understanding of the significances of the “principle of law” needs to have an interdisciplinary character, the basis for the approach being the philosophy of the law. In this study we fulfill such an analysis with the purpose to underline the multiple theoretical significances due to this concept, but also the relationship between the juridical principles and norms, respectively the normative value of the principle of the law. Thus are being materialized extensive references to the philosophical and juridical doctrine in the matter. This study is a pleading to refer to the principles, in the work for the law’s creation and applying. Starting with the difference between “given” and ‘constructed” we propose the distinction between the “metaphysical principles” outside the law, which by their contents have philosophical significances, and the “constructed principles” elaborated inside the law. We emphasize the obligation of the law maker, but also of the expert to refer to the principles in the work of legislation, interpretation and applying of the law. Arguments are brought for the updating, in certain limits, the justice – naturalistic concepts in the law.

A scaling law beyond Zipf's law and its relation to Heaps' law

International Nuclear Information System (INIS)

Font-Clos, Francesc; Corral, Álvaro; Boleda, Gemma

2013-01-01

The dependence on text length of the statistical properties of word occurrences has long been considered a severe limitation on the usefulness of quantitative linguistics. We propose a simple scaling form for the distribution of absolute word frequencies that brings to light the robustness of this distribution as text grows. In this way, the shape of the distribution is always the same, and it is only a scale parameter that increases (linearly) with text length. By analyzing very long novels we show that this behavior holds both for raw, unlemmatized texts and for lemmatized texts. In the latter case, the distribution of frequencies is well approximated by a double power law, maintaining the Zipf's exponent value γ ≃ 2 for large frequencies but yielding a smaller exponent in the low-frequency regime. The growth of the distribution with text length allows us to estimate the size of the vocabulary at each step and to propose a generic alternative to Heaps' law, which turns out to be intimately connected to the distribution of frequencies, thanks to its scaling behavior. (paper)

Truth, laws and the progress of science

Directory of Open Access Journals (Sweden)

Mauro Dorato

2011-06-01

Full Text Available In this paper I analyze the difficult question of the truth of mature scientific theories by tackling the problem of the truth of laws. After introducing the main philosophical positions in the field of scientific realism, I discuss and then counter the two main arguments against realism, namely the pessimistic meta-induction and the abstract and idealized character of scientific laws. I conclude by defending the view that well-confirmed physical theories are true only relatively to certain values of the variables that appear in the laws.

Up or out? Archetypes and person-organization fit in Dutch law firms

NARCIS (Netherlands)

de Haas, M.J.O.M.

2013-01-01

This study investigates the conditions and mechanisms of fit between lawyers’ values and ambitions, on the one hand, and law firms’ values and other characteristics on the other hand. The big law firms in The Netherlands are distinguished according to their configuration as a professional

Multitude scaling laws in axisymmetric turbulent wake

Science.gov (United States)

Layek, G. C.; Sunita

2018-03-01

We establish theoretically multitude scaling laws of a self-similar (statistical) axisymmetric turbulent wake. At infinite Reynolds number limit, the flow evolves as general power law and a new exponential law of streamwise distance, consistent with the criterion of equilibrium similarity hypothesis. We found power law scalings for components of the homogeneous dissipation rate (ɛ) obeying the non-Richardson-Kolmogorov cascade as ɛu˜ku3 /2/(l R elm ) , ɛv˜kv3 /2/l , kv˜ku/R el2 m, 0 stress, l is the local length scale, and Rel is the Reynolds number. The Richardson-Kolmogorov cascade corresponds to m = 0. For m ≈ 1, the power law agrees with non-equilibrium scaling laws observed in recent experiments of the axisymmetric wake. On the contrary, the exponential scaling law follows the above dissipation law with different regions of existence for power index m = 3. At finite Reynolds number with kinematic viscosity ν, scalings obey the dissipation laws ɛu ˜ νku/l2 and ɛv ˜ νkv/l2 with kv˜ku/R eln. The value of n is preferably 0 and 2. Different possibilities of scaling laws and symmetry breaking process are discussed at length.

Application of bridging-law concepts to short-fibre composites

DEFF Research Database (Denmark)

Lindhagen, J.E.; Gamstedt, Kristofer; Berglund, L.A.

2000-01-01

This is the third paper in a series of four where notch sensitivity, fracture energy and bridging laws are studied in short-fibre polymer composites. Here, bridging laws are derived from experimental crack-opening profiles in centre-hole notched tensile specimens. The materials studied are three...... types of commercial glass-mat composites with different reinforcement structures and matrices. The materials have softening bridging laws and the calculated fracture energies from bridging laws are in good agreement with values determined directly by experiment. The calculated maximum local bridging...

Anomalous vacuum expectation values

International Nuclear Information System (INIS)

Suzuki, H.

1986-01-01

The anomalous vacuum expectation value is defined as the expectation value of a quantity that vanishes by means of the field equations. Although this value is expected to vanish in quantum systems, regularization in general produces a finite value of this quantity. Calculation of this anomalous vacuum expectation value can be carried out in the general framework of field theory. The result is derived by subtraction of divergences and by zeta-function regularization. Various anomalies are included in these anomalous vacuum expectation values. This method is useful for deriving not only the conformal, chiral, and gravitational anomalies but also the supercurrent anomaly. The supercurrent anomaly is obtained in the case of N = 1 supersymmetric Yang-Mills theory in four, six, and ten dimensions. The original form of the energy-momentum tensor and the supercurrent have anomalies in their conservation laws. But the modification of these quantities to be equivalent to the original one on-shell causes no anomaly in their conservation laws and gives rise to anomalous traces

O STF e a regulação dos meios de comunicação social: a metalinguagem adotada pela Corte na decisão da ADPF 130/DF / The Federal Supreme Court and the regulation of the social media: the metalanguage adopted by the court in the decision of the ADPF 130/DF

Directory of Open Access Journals (Sweden)

Oona de Oliveira Cajú

2017-04-01

Full Text Available Purpose – This article analyzes the votes uttered by the Federal Supreme Court justices at the trial of ADPF 130/DF, in which it was denied value to the Press Law. It also tackles the reasoning behind the Court’s decision, which clarifies its conception of regulation of the social media. Methodology/approach/design – The first section of the article presents the most influent theoretical paradigms on the social media regulation. The second section confronts them with votes presented at the trial of the ADPF 130/DF and extract the guiding conceptual syntheses of the justices, identifying the regulatory paradigm of communicational field to which they align themselves. Findings – It was possible to identify that the libertarian paradigm of free flow of informartion is the predominant mindset guiding the rulings concerning social media in the Federal Supreme Court.

Anticorruption expertise of law-enforcement acts

Directory of Open Access Journals (Sweden)

Sergey B. Polyakov

2015-12-01

Full Text Available Objective to substantiate public necessity to define the subject methodological and organizational capabilities of anticorruption expertise of law enforcement acts. Methods universal dialecticmaterialistic method was used to study the needs in anticorruption expertise of law enforcement acts in the mechanism of legal regulation based on it general scientific and special formal legal and comparative legal methods of research used for the definition of subjectmatter of the proposed expertise. Results the value of anticorruption expertise of law enforcement was shown corruption factors and corruption indicators enabling legislation were identified ways of conducting such examinations were proposed. Scientific novelty the article examines the need and the subject proposes methods of a new type of anticorruption expertise. Practical significance the conditions of corruption are defined which are created in law enforcement activities and methods for their detection are proposed. nbsp

A simple law of star formation

DEFF Research Database (Denmark)

Padoan, Paolo; Haugbølle, Troels; Nordlund, Åke

2012-01-01

We show that supersonic MHD turbulence yields a star formation rate (SFR) as low as observed in molecular clouds, for characteristic values of the free-fall time divided by the dynamical time, t ff/t dyn, the Alfvénic Mach number, {\\cal M}_a, and the sonic Mach number, {\\cal M}_s. Using a very...... values of t ff/t dyn and {\\cal M}_a. (2) Decreasing values of {\\cal M}_a (stronger magnetic fields) reduce epsilonff, but only to a point, beyond which epsilonff increases with a further decrease of {\\cal M}_a. (3) For values of {\\cal M}_a characteristic of star-forming regions, epsilonff varies...... with {\\cal M}_a by less than a factor of two. We propose a simple star formation law, based on the empirical fit to the minimum epsilonff, and depending only on t ff/t dyn: epsilonff ˜ epsilonwindexp (– 1.6 t ff/t dyn). Because it only depends on the mean gas density and rms velocity, this law...

On the viscoelastic characterization of the Jeffreys-Lomnitz law of creep

OpenAIRE

Mainardi, Francesco; Spada, Giorgio

2011-01-01

In 1958 Jeffreys proposed a power law of creep, generalizing the logarithmic law earlier introduced by Lomnitz, to broaden the geophysical applications to fluid-like materials including igneous rocks. This generalized law, however, can be applied also to solid-like viscoelastic materials. We revisit the Jeffreys-Lomnitz law of creep by allowing its power law exponent $\\alpha$, usually limited to the range [0,1] to all negative values. This is consistent with the linear theory of viscoelastici...

Reforming Ethiopia's Expropriation Law

African Journals Online (AJOL)

Muradu_Abdo

payment in advance of compensation commensurate to the value of the .... section of the Article (Sub-section 1.1) are primarily based on the author`s article .... Ethiopian Business Law Series vol. ... 16 Daniel Weldegbriel (2013b), “The History of Expropriation in Ethiopian ...... Technology); Imeru Tamrat, supra note 20, pp.

Environmental law in Thuringia. Text collection with introduction. Pt. 1. Waste law, nuclear, radiation and energy law, soil protection law and land reparcelling, forestry law, fishing and hunting law

International Nuclear Information System (INIS)

Schneider, Matthias Werner

2015-01-01

The volume 1 of the collection on the Thuringian Environmental Law contains additional to a detailed introduction: - Waste management - Nuclear, radiation and energy law - Soil protection law and land reparcelling - Forestry, fishery and hunting law. [de

Derivation of quantum statistics from Gauss's principle and the second law

International Nuclear Information System (INIS)

Lavenda, B.H.

1988-01-01

Quantum statistical laws are derived from bona fide stationary probability distributions of physical stochastic processes. These distributions are shown to be the laws of error for which the average occupation numbers are the most probable values. They determine uniquely the statistical entropy functions and the second law gives the quantum statistical distributions

Business Law

DEFF Research Database (Denmark)

Föh, Kennet Fischer; Mandøe, Lene; Tinten, Bjarke

Business Law is a translation of the 2nd edition of Erhvervsjura - videregående uddannelser. It is an educational textbook for the subject of business law. The textbook covers all important topic?s within business law such as the Legal System, Private International Law, Insolvency Law, Contract law......, Instruments of debt and other claims, Sale of Goods and real estate, Charges, mortgages and pledges, Guarantees, Credit agreements, Tort Law, Product liability and Insurance, Company law, Market law, Labour Law, Family Law and Law of Inheritance....

Reduced energy conservation law for magnetized plasma

International Nuclear Information System (INIS)

Sosenko, P.P.; Decyk, V.K.

1994-01-01

A global energy conservation law for a magnetized plasma is studied within the context of a quasiparticle description. A reduced energy conservation law is derived for low-frequency, as compared to the gyromagnetic frequency, plasma motions with regard to both non-uniform mean flows and fluctuations in the plasma. The mean value of plasma energy is calculated and sufficient stability conditions for non-equilibrium plasmas are derived. (orig.)

Parental choice: what parents want in a son-in-law and a daughter-in-law across 67 pre-industrial societies.

Science.gov (United States)

Apostolou, Menelaos

2010-11-01

Parents are influential over mate choice, and in most human societies they choose spouses for their offspring according to their own preferences. However, surprising little is known about the qualities which make a woman desirable as a daughter-in-law and a man desirable as a son-in-law. Using evidence from 67 societies such traits are identified and three hypotheses are tested: first, the hypothesis is tested that parents desire in an in-law qualities which are beneficial to them and their kin. Second, it is hypothesized that such preferences are contingent upon the sex of the in-law, as traits are weighted differently in a daughter-in-law and in a son-in-law. The third hypothesis tested is that parental preferences vary according to the subsistence type of a given society, as traits are valued differently in agropastoral societies and foraging societies. The evidence presented here provides support for all three hypotheses.

Morality, ethics, and law: introductory concepts.

Science.gov (United States)

Horner, Jennifer

2003-11-01

The purpose of this article is to differentiate morality, ethics, and law. Morality refers to a set of deeply held, widely shared, and relatively stable values within a community. Ethics as a philosophical enterprise involves the study of values, and the justification for right and good actions, as represented by the classic works of Aristotle (virtue ethics), Kant (duty-based ethics), and Bentham and Mill (utilitarian and consequentialist ethics). Applied ethics, in contrast, is the use of ethics principles (e.g., respect for autonomy, beneficence, and nonmaleficence, justice) in actual situations, such as in professional and clinical life. Finally, law is comprised of concrete duties established by governments that are necessary for maintaining social order and resolving disputes, as well as for distributing social resources according to what people need or deserve.

INTERNATIONAL LABOUR LAW PRINCIPLES AS GUIDELINES TO FOSTEREMPLOYMENT RELATIONS

Directory of Open Access Journals (Sweden)

Aniko Noemi TURI

2017-06-01

Full Text Available Contemporary human resource management practices often ignore very important values of international labour law; however there is a wide floor for improvements in this area. In this sense the main guidelines are arising from the legal acts of the International organizations. The social responsibility, professional ethics and management are categories which have the intense relation with the legal system. Some historically developed degree of social responsibility and professional ethics may be considered as an important resource of values which are the starting point for building the legal system and also international regulations. The international labour law principles are significant elements in employment relations. The paper represents how the principles of the international labour law can positively influence managerial strategies through the social dialogue. Social dialogue provides a communication platform between social partners and by that it is actually creating a socio-economic and social development. Furthermore social dialogue is a key instrument in planning social development, harmonizing different interests, prevent and resolve disputes between the management and labour. International law shows many ways how to strengthen the principle of ethics in the employment relations. The values, arising from the existing international legal documents may be the significant guideline for the development of “good practices of managers”.

1992 yearbook of environmental and technology-related law

International Nuclear Information System (INIS)

Schroeder, M.

1992-01-01

The 1992 and sixth edition of this yearbook contains papers on environmental and technology-related law in the European Communities and the Federal Republic of Germany including among other things information on the latest jurisdiction by the European Court of Justice; insurability of environmental damage; scientific aspects of limit values. There are also treatises on non-German and comparative as well as international environmental and technology- related law which deal among other things with atomic and immission protection law and on harmonization and codification from a general point of view. Finally, some papers report on developments of national and European environmental and technology-related law. Three of the fifteen contributions have been abstracted separately. (HSCH) [de

International Investment Law and EU Law

DEFF Research Database (Denmark)

regional economic integration agreements, International Competition Law, International Investment Regulation, International Monetary Law, International Intellectual Property Protection and International Tax Law. In addition to the regular annual volumes, EYIEL Special Issues routinely address specific...... current topics in International Economic Law. The entry into force of the Lisbon Treaty entails sweeping changes with respect to foreign investment regulation. Most prominently, the Treaty on the Functioning of the European Union (TFEU) now contains in its Article 207 an explicit competence...... for the regulation of foreign direct investment as part of the Common Commercial Policy (CCP) chapter. With this new competence, the EU will become an important actor in the field of international investment politics and law. The new empowerment in the field of international investment law prompts a multitude...

The Application of Human Rights Law to Everyday Life under Rebel Control

NARCIS (Netherlands)

Fortin, K.M.A.

2016-01-01

This article draws upon social science literature to offer a new assessment of the normative value of human rights law vis-à-vis international humanitarian law in territory under armed groups’ control. In particular, the article considers how the two bodies of law can be applied in a complementary

Deformation of a Capsule in a Power-Law Shear Flow

Directory of Open Access Journals (Sweden)

Fang-Bao Tian

2016-01-01

Full Text Available An immersed boundary-lattice Boltzmann method is developed for fluid-structure interactions involving non-Newtonian fluids (e.g., power-law fluid. In this method, the flexible structure (e.g., capsule dynamics and the fluid dynamics are coupled by using the immersed boundary method. The incompressible viscous power-law fluid motion is obtained by solving the lattice Boltzmann equation. The non-Newtonian rheology is achieved by using a shear rate-dependant relaxation time in the lattice Boltzmann method. The non-Newtonian flow solver is then validated by considering a power-law flow in a straight channel which is one of the benchmark problems to validate an in-house solver. The numerical results present a good agreement with the analytical solutions for various values of power-law index. Finally, we apply this method to study the deformation of a capsule in a power-law shear flow by varying the Reynolds number from 0.025 to 0.1, dimensionless shear rate from 0.004 to 0.1, and power-law index from 0.2 to 1.8. It is found that the deformation of the capsule increases with the power-law index for different Reynolds numbers and nondimensional shear rates. In addition, the Reynolds number does not have significant effect on the capsule deformation in the flow regime considered. Moreover, the power-law index effect is stronger for larger dimensionless shear rate compared to smaller values.

The p-sphere and the geometric substratum of power-law probability distributions

International Nuclear Information System (INIS)

Vignat, C.; Plastino, A.

2005-01-01

Links between power law probability distributions and marginal distributions of uniform laws on p-spheres in R n show that a mathematical derivation of the Boltzmann-Gibbs distribution necessarily passes through power law ones. Results are also given that link parameters p and n to the value of the non-extensivity parameter q that characterizes these power laws in the context of non-extensive statistics

The integration of law and integrality of the legislation as necessary conditions for the success of law enforcement in interstate integration

Directory of Open Access Journals (Sweden)

Sergey Baburin

2017-01-01

Full Text Available УДК 341.1+342.2Subject. The article substantiates the need for a special system of legislation for any project of international integration. Only such system, being integral, may, firstly, become the basis for the formation of an integrative law of this integration project, and secondly, have a supranational constitutionality, giving the ability to individual enforcement.Purpose. The purpose of this paper is the design of the constitutional-legal mechanisms of international integration in the scope of an integrative understanding of law and law enforcement.Methodology. The author uses methods of theoretical analysis, particularly the theory of integrative legal consciousness, as well as legal methods, including formal legal method and comparative law.Results, scope of application. The author points out that the formation of a single legal space in the Eurasian Economic Union (EEU, as well as in Customs Union and the Eurasian Economic Community before, is a development of constitutional law of supranational level, not of international law. The integration of law and integrality of the legislation are prerequisite for the success of the interstate Eurasian integration.Integration of law means the completeness of its internal structure, implies the indissoluble inner coherence of the law, its wholeness, unity. Coherent legal norms, embodied in legislation, can only create the phenomenon of law. The law should be understood as a metasystem, supersystem, it accumulates all socially significant systems and integrates the values of the law itself, its principles, values, other social regulators and regulated spheres of social relations. Attempts to apply the concept of "integration", but to abandon the notion of "integrality" are unreasonable, this terminological dichotomy is just a word game.If we talk about law, it is more appropriate to talk about it’s iintegrity, but if we talk about legislation, emerging to accelerate and deepen integration

Environmental law

International Nuclear Information System (INIS)

Bender, B.; Sparwasser, R.

1988-01-01

Environmental law is discussed exhaustively in this book. Legal and scientific fundamentals are taken into account, a systematic orientation is given, and hints for further information are presented. The book covers general environmental law, plan approval procedures, protection against nuisances, atomic law and radiation protection law, water protection law, waste management law, laws on chemical substances, conservation law. (HSCH) [de

Variation of the extinction law in the Trifid nebula

OpenAIRE

Cambrésy, L.; Rho, J.; Marshall, D. J.; Reach, W. T.

2011-01-01

Context. In the past few years, the extinction law has been measured in the infrared wavelengths for various molecular clouds and different laws have been obtained. Aims. In this paper we seek variations of the extinction law within the Trifid nebula region. Such variations would demonstrate local dust evolution linked to variation of the environment parameters such as the density or the interstellar radiation field. Methods. The extinction values, A_λ/A_v, are obtained using the 2MASS, UKIDS...

Formulation of Policy for Cyber Crime in Criminal Law Revision Concept of Bill Book of Criminal Law (A New Penal Code)

Science.gov (United States)

Soponyono, Eko; Deva Bernadhi, Brav

2017-04-01

Development of national legal systems is aimed to establish the public welfare and the protection of the public. Many attempts has been carried out to renew material criminal law and those efforts results in the formulation of the concept of the draft Law Book of the Law of Criminal Law in the form of concept criminal code draft. The basic ideas in drafting rules and regulation based on the values inside the idology of Pancasila are balance among various norm and rules in society. The design concept of the New Criminal Code Act is anticipatory and proactive to formulate provisions on Crime in Cyberspace and Crime on Information and Electronic Transactions. Several issues compiled in this paper are whether the policy in formulation of cyber crime is embodied in the provisions of the current legislation and what the policies formulation of cyber crime is in the concept of the bill book of law - criminal law recently?.

Environmental law

International Nuclear Information System (INIS)

Ketteler, G.; Kippels, K.

1988-01-01

In section I 'Basic principles' the following topics are considered: Constitutional-legal aspects of environmental protection, e.g. nuclear hazards and the remaining risk; European environmental law; international environmental law; administrative law, private law and criminal law relating to the environment; basic principles of environmental law, the instruments of public environmental law. Section II 'Special areas of law' is concerned with the law on water and waste, prevention of air pollution, nature conservation and care of the countryside. Legal decisions and literature up to June 1988 have been taken into consideration. (orig./RST) [de

Checking of Newton's gravitational law at small values of the acceleration; Ueberpruefung des Newtonschen Gravitationsgesetzes bei kleinen Werten der Beschleunigung

Energy Technology Data Exchange (ETDEWEB)

Schubert, Sven

2008-09-15

The attempt to explain the rotational curves of spiral galaxies by means of Newton's gravitational law fails. There, where gravitational accelerations a{sub G}<10{sup -10} m/s{sup 2} act, the prediction no more agrees with the observation. Two alternatives are discussed: Either in the galaxies dark matter exists, wehich is just so distributed that the dynamics in the galaxies change as wanted. Ore the gravitational law must be corrected in the limit of small accelerations. This approach is called MOND (Modified Newtonian Dynamic). In this thesis an experiment is presented, which allows to check Newton's gravitational law at small values of the acceleration: Two spherical reflectors pend oppositely in a distance of 24 cm on tungsten wires and form a microwave resonator. On both sides of the resonator a test mass with a weight between 2.9 and 20.1 kg is located. If these masses are moved to and fro, their gravitational force effects a distance change {delta}b of the mirrors by around 0.3 to 20.0 nm. This can be determined via the shift of the resonance frequency of the resonator accurately determined up to 10{sup 12}m. Because of the low weight of the test masses on the mirrors accelerations a{sub G}{approx}10{sup 10} m/s{sup 2} act. If the measurement is performed with different, at left anf right however identical masses M, {delta}b{proportional_to}M should result, if Newton's gravitational laws is valid in the limit of small accelerations. In this thesis the controls necessary for the measurement and the calculator driving are described. Finally the results of a first resonance measurement are presented.

Discrete-Time Local Value Iteration Adaptive Dynamic Programming: Admissibility and Termination Analysis.

Science.gov (United States)

Wei, Qinglai; Liu, Derong; Lin, Qiao

In this paper, a novel local value iteration adaptive dynamic programming (ADP) algorithm is developed to solve infinite horizon optimal control problems for discrete-time nonlinear systems. The focuses of this paper are to study admissibility properties and the termination criteria of discrete-time local value iteration ADP algorithms. In the discrete-time local value iteration ADP algorithm, the iterative value functions and the iterative control laws are both updated in a given subset of the state space in each iteration, instead of the whole state space. For the first time, admissibility properties of iterative control laws are analyzed for the local value iteration ADP algorithm. New termination criteria are established, which terminate the iterative local ADP algorithm with an admissible approximate optimal control law. Finally, simulation results are given to illustrate the performance of the developed algorithm.In this paper, a novel local value iteration adaptive dynamic programming (ADP) algorithm is developed to solve infinite horizon optimal control problems for discrete-time nonlinear systems. The focuses of this paper are to study admissibility properties and the termination criteria of discrete-time local value iteration ADP algorithms. In the discrete-time local value iteration ADP algorithm, the iterative value functions and the iterative control laws are both updated in a given subset of the state space in each iteration, instead of the whole state space. For the first time, admissibility properties of iterative control laws are analyzed for the local value iteration ADP algorithm. New termination criteria are established, which terminate the iterative local ADP algorithm with an admissible approximate optimal control law. Finally, simulation results are given to illustrate the performance of the developed algorithm.

Law Studies

Directory of Open Access Journals (Sweden)

G. P. Tolstopiatenko

2014-01-01

Full Text Available At the origin of the International Law Department were such eminent scientists, diplomats and teachers as V.N. Durdenevsky, S.B. Krylov and F.I. Kozhevnikov. International law studies in USSR and Russia during the second half of the XX century was largely shaped by the lawyers of MGIMO. They had a large influence on the education in the international law in the whole USSR, and since 1990s in Russia and other CIS countries. The prominence of the research of MGIMO international lawyers was due to the close connections with the international practice, involving international negotiations in the United Nations and other international fora, diplomatic conferences and international scientific conferences. This experience is represented in the MGIMO handbooks on international law, which are still in demand. The Faculty of International Law at MGIMO consists of seven departments: Department of International Law, Department of Private International and Comparative Law; Department of European Law; Department of Comparative Constitutional Law; Department of Administrative and Financial Law; Department of Criminal Law, Department Criminal Procedure and Criminalistics. Many Russian lawyers famous at home and abroad work at the Faculty, contributing to domestic and international law studies. In 1947 the Academy of Sciences of the USSR published "International Law" textbook which was the first textbook on the subject in USSR. S.B. Krylov and V.N. Durdenevsky were the authors and editors of the textbook. First generations of MGIMO students studied international law according to this textbook. All subsequent books on international law, published in the USSR, were based on the approach to the teaching of international law, developed in the textbook by S.B. Krylov and V.N. Durdenevsky. The first textbook of international law with the stamp of MGIMO, edited by F.I. Kozhevnikov, was published in 1964. This textbook later went through five editions in 1966, 1972

ExtLaw_H18: Extinction law code

Science.gov (United States)

Hosek, Matthew W., Jr.; Lu, Jessica R.; Anderson, Jay; Do, Tuan; Schlafly, Edward F.; Ghez, Andrea M.; Clarkson, William I.; Morris, Mark R.; Albers, Saundra M.

2018-03-01

ExtLaw_H18 generates the extinction law between 0.8 - 2.2 microns. The law is derived using the Westerlund 1 (Wd1) main sequence (A_Ks 0.6 mag) and Arches cluster field Red Clump at the Galactic Center (A_Ks 2.7 mag). To derive the law a Wd1 cluster age of 5 Myr is assumed, though changing the cluster age between 4 Myr - 7 Myr has no effect on the law. This extinction law can be applied to highly reddened stellar populations that have similar foreground material as Wd1 and the Arches RC, namely dust from the spiral arms of the Milky Way in the Galactic Plane.

Book Review: Jus Cogens – International Law and Social Contract

Directory of Open Access Journals (Sweden)

Irawati Handayani

2016-12-01

Full Text Available This book is based on the doctoral thesis completed by the author as an International Scholar of the Cambridge Overseas Trust at the University of Cambridge. The main idea of the books lies on the fact that jus cogens still become one of the most complex doctrines in contemporary international law. The legal foundation of jus cogens is still questionable, whether it lies on natural law, positive law or even to higher or divine origin. However, there is general agreement that jus cogens represent the fundamental value in international society or so-called higher norm in international law.

Regulating Listed Companies: Between Company Law and Financial Market Law in Danish Law

DEFF Research Database (Denmark)

Clausen, Nis Jul

2011-01-01

The article discusses different elements and aspects of the regulation of listed companies in particular whether such regulation should be placed in company law or in financial marked law.......The article discusses different elements and aspects of the regulation of listed companies in particular whether such regulation should be placed in company law or in financial marked law....

0579 Law Democracy and Development.indd

African Journals Online (AJOL)

2007-07-20

Jul 20, 2007 ... 2.1 The concepts 'loss of earnings' and 'loss of earning capacity'. A lot has ..... African case law, examples of both methods will be used. ... (2) Calculate the present value of the plaintiff's estimated future income, if any, having.

The venality of human body parts and products in French law and common law.

Science.gov (United States)

Haoulia, Naima

2012-03-01

The successive bioethics laws in France have constantly argued that the human body is not for sale and consecrated an absolute principle of free and anonymous donations, whether of semen, ova, blood, tissues or organs. Nonetheless, this position is not shared by all countries. These legal divergences upset today our moral principles and the development of these practices leads us to question the legal status of human biological material and its gradual commodification. This paper outlines the current law principles that protect people's interests in their bodies, excised body parts and tissues without conferring the rights of full legal ownership in French law and in Common law. Contrary to what many people believe, people do not legally 'own' their bodies, body parts or tissues. However, they do have some legal rights in relation to their bodies and excised body material. For lawyers, the exact relationship people have with their bodies has raised a host of complex questions and long debates about the status we should grant to human body parts. The significance of this issue is due to two reasons:first, because of the imperative protection we have to assure to human dignity and then, because of the economic value which is attached to human products.

Infinite set of conservation laws for relativistic string

International Nuclear Information System (INIS)

Isaev, A.P.

1981-01-01

The solution of the Cauchy problem has been found. An infinite class of conserving values Jsub(α) for a free closed relativistic string has been constructed. Jsub(α) values characterize three-parametric generating functions of conservation laws. It is shown using particular examples that it is necessary to order subintegral expressions of quantum values Jsub(α) and do not disturb a property of commutativity with a hamiltonian to attach sense to these values [ru

A Percolation Perspective for Gutenburg-Richter Scaling and b-values for Fracking Assocated Seismicity

Science.gov (United States)

Norris, J. Q.

2016-12-01

Published 60 years ago, the Gutenburg-Richter law provides a universal frequency-magnitude distribution for natural and induced seismicity. The GR law is a two parameter power-law with the b-value specifying the relative frequency of small and large events. For large catalogs of natural seismicity, the observed b-values are near one, while fracking associated seismicity has observed b-values near two, indicating relatively fewer large events. We have developed a computationally inexpensive percolation model for fracking that allows us to generate large catalogs of fracking associated seismicity. Using these catalogs, we show that different power-law fitting procedures produce different b-values for the same data set. This shows that care must be taken when determining and comparing b-values for fracking associated seismicity.

The Unified Patent Court (UPC), Compulsory Licensing and Competition Law

DEFF Research Database (Denmark)

Petersen, Clement Salung; Riis, Thomas; Schovsbo, Jens Hemmingsen

2014-01-01

Competition law and rules on compulsory licensing are considered as indispensable instruments to balance patent rights. In this article, we examine the room for using such balancing instruments in the context of the UPC. We analyse whether the balancing instruments will remain applicable...... that the UPC is likely to be less inclined to use them. To redress that problem we suggest that the UPC acknowledges the institutional biases of the court and looks for ways to include other values and interests than the proprietary values and interests of patent law....

Criminal Law

DEFF Research Database (Denmark)

Langsted, Lars Bo; Garde, Peter; Greve, Vagn

<> book contains a thorough description of Danish substantive criminal law, criminal procedure and execution of sanctions. The book was originally published as a monograph in the International Encyclopaedia of Laws/Criminal Law....... book contains a thorough description of Danish substantive criminal law, criminal procedure and execution of sanctions. The book was originally published as a monograph in the International Encyclopaedia of Laws/Criminal Law....

Status of will governance in determination of law governing business documents validity

OpenAIRE

Peyman Mohammadi; Saeed Kheradmandi

2014-01-01

Law governing substantive conditions of business documents issuance is one of important problems facing investigators. Since law governing business contracts and documents is governing out of limits of national law today, value and effect of will governance is of interest to jurisprudents because contract parties are allowed to determine contract effects and terms consensually to the extent to which these effects and terms do not contradict public order and imperative law and, in fact, they c...

Test of the law of gravitation at small accelerations

Energy Technology Data Exchange (ETDEWEB)

Meyer, H. [Wuppertal Univ. (Germany); Lohrmann, E.; Schubert, S. [Hamburg Univ. (Germany). Inst. fuer Experimentalphysik; Bartel, W.; Glazov, A.; Loehr, B.; Niebuhr, C.; Wuensch, E. [Deutsches Elektronen-Synchrotron (DESY), Hamburg (Germany); Joensson, L.; Kempf, G. [Lund Univ. (Sweden)

2011-12-15

Newton's Law of Gravitation has been tested at small values a of the acceleration, down to a {approx}10{sup -10} ms{sup -2}, the approximate value of MOND's constant a{sub 0}. No deviations were found. (orig.)

Law as an organizational variable: an examination of the impact of law on the performance of the US Nuclear Regulatory Commission

International Nuclear Information System (INIS)

Montgomery, J.M.

1984-01-01

The role of law in a federal regulatory agency is examined from an organizational perspective. While law is usually viewed in terms of its legal, political, and social value consequences, it is postulated that it also has significant organizational consequences. The impact of those consequences is examined in the case of a single agency, the US Nuclear Regulatory Commission. The legal process is shown to be a powerful organizational characteristic of the government administrative agency, beginning with statuatory definition of organization goals, structure, and procedures and ending with judicial review of actions. Agency lawyers are shown to represent a distinct professional subculture within this agency. Their values and orientations toward business, the role of regulation, and the role of nuclear utilities are different from the 95% of agency employees subculture based on a physical science/engineering background. It is concluded that agency effectiveness suffers from the cultural polarization resulting from the disparities in belief systems of the two major identifiable professional groups, lawyers and scientist/engineers. It is also concluded that the impact of law on organizational performance and effectiveness attributes is largely dysfunctional. Such dysfunctionalism could be lessened with modified legal interpretation or statutory change, improved science/law relationship, and better understanding of the legal process by nonlawyer policymakers

Civil law

NARCIS (Netherlands)

Hesselink, M.W.; Gibbons, M.T.

2014-01-01

The concept of civil law has two distinct meanings. that is, disputes between private parties (individuals, corporations), as opposed to other branches of the law, such as administrative law or criminal law, which relate to disputes between individuals and the state. Second, the term civil law is

World law

Directory of Open Access Journals (Sweden)

Harold J. Berman

1999-03-01

Full Text Available In the third millennium of the Christian era, which is characterised by the emergence of a world economy and eventually a world society, the concept of world law is needed to embrace not only the traditional disciplines of public international law, and comparative law, but also the common underlying legal principles applicable in world trade, world finance, transnational transfer of technology and other fields of world economic law, as well as in such emerging fields as the protection of the world's environment and the protection of universal human rights. World law combines inter-state law with the common law of humanity and the customary law of various world communities.

Internationalization of law globalization, international law and complexity

CERN Document Server

Dias Varella, Marcelo

2014-01-01

The book provides an overview of how international law is today constructed through diverse macro and microprocesses that expand its traditional subjects and sources, with the attribution of sovereign capacity and power to the international plane (moving the international toward the national). Simultaneously, national laws approximate laws of other nations (moving among nations or moving the national toward the international) and new sources of legal norms emerge, independent of states and international organisations. This expansion occurs in many subject areas, with specific structures: commercial, environmental, human rights, humanitarian, financial, criminal and labor law contribute to the formation of post national law with different modes of functioning, different actors and different sources of law that should be understood as a new complexity of law.

Notions and Concepts in Family Law. Discrepancy Between Polish Family Law and Social Reality

Directory of Open Access Journals (Sweden)

Bagan-Kurluta Katarzyna

2017-03-01

Full Text Available Modern times are an arena for two opposing trends: the liberalization of mores and laws, and the distancing of changes and adoption of a conservative position against those that occur. Polish family law clearly fails to keep pace with the changes taking place and does not perceive new phenomena. Is this an intentional act of the legislator leading to the preservation of traditional values, or the expression of disapproval and belief in the transitoriness of new phenomena? It comes together with the introduction of new terminology or new interpretations of already existing concepts. Hence the meaning of some of the current concepts in everyday language differs significantly from their meaning arising from legal instruments. The article is an attempt to deal with this problem.

Environmental law and nuclear law: a growing symbiosis

International Nuclear Information System (INIS)

Ennerechts, S.

2008-01-01

This article is divided in two parts. The first part deals with the interrelationship between environmental law and nuclear law. It specifically addresses selective topics which the author considers as substantial proof that environmental law is in evidence in the nuclear field. These topics are access to nuclear information, public participation in nuclear decision-making and prevention and compensation of environmental damage caused by nuclear incidents. Environmental law will be considered in its narrow sense, meaning the law that seeks to protect nature such as soil, water, air and biodiversity. The position of the author is that the importance of environmental law for nuclear activities is increasing and may lead to a growing symbiosis with nuclear law. Environmental law and nuclear law share the same objectives: protection against mitigation of and compensation for damage to the environment. In the second part a specific problem that touches upon the extra-territorial effect of environmental legislation in the nuclear field will be examined. At the beginning of the 21. century, it can be expected that vendors of nuclear facilities will spare no efforts in trying to enter new markets all over the world. Countries with more developed environmental requirements on the construction of nuclear facilities by their national vendors in customer countries. This part of the article will analyse whether public international laws to the construction of nuclear facilities abroad. The author believes that there may well be a legal basis under customary international law justifying the application of national environmental law to the construction of nuclear facilities and the performance of work on nuclear facilities in foreign countries, but there would appear to be none permitting the enforcement of these laws in the absence of an agreement with the foreign country. (N.C.)

Policy Formulation & EGT: Making Governance Work

NARCIS (Netherlands)

Assche, van K.; Beunen, R.; Duineveld, M.

2014-01-01

In this chapter we briefly outline a number of domains of application for EGT, some preliminary insights in each domain, and methodological considerations. We conclude with a reflection on the value of EGT in mapping out the middle ground between libertarian and socialist ideologies.

Personal Autonomy, Psychological Sense of Community, and Political Ideology.

Science.gov (United States)

Fox, Dennis R.

Political debates often mask underlying differences in people's assumptions about natural behaviors and appropriate values. Ten individuals who had written letters to newspapers from nonmainstream perspectives (from right-wing libertarian to left-wing revolutionary communist) participated in three or four intensive, open-ended, semistructured…

Global Governance: A New Paradigm for the Rule of Law

Directory of Open Access Journals (Sweden)

Winston P. Nagan

2013-10-01

Full Text Available This article seeks to appraise the Rule of Law in the context of international sovereignty and the growth of international non-governmental organizations. The article explores the meaning of the Rule of Law and suggests that it is better understood as a symbol representing the most basic values that underline our global constitutional system. When we relate the global Rule of Law to the values and the global constitutional framework, we recognize that the Rule of Law and the global constitution are better secured if their authority base can be strengthened. The obvious way this can be done is by strengthening the role of non-governmental organizations within the framework of global governance. If we see the Rule of Law as a defense and promotion of basic values, we may then pose the question about the Rule of Law as an agent of change in a novel developmental construct. Here the author notes that the dynamism of technological change will only increase in the future. But technological change will result in more use of technology and less employment. The question then is, should the benefits of technology not be shared with the workers as well? If that is true, one of the obvious benefits of technology in relation to labor is to reduce the number of hours or days that the worker has to work. Leisure time could result in an aggregate distribution of human happiness. It could evolve into an incentive to generate enhanced human co-creative activity. We could possibly even imagine a second renaissance in the impact of human imagination on society. A modern renaissance. In short, such a development could stimulate the evolution of a human rights based aesthetic.

The moderating effect of conformism values on the relations between other personal values, social norms, moral obligation, and single altruistic behaviours.

Science.gov (United States)

Lönnqvist, Jan-Erik; Walkowitz, Gari; Wichardt, Philipp; Lindeman, Marjaana; Verkasalo, Markku

2009-09-01

Three studies predicted and found that the individual's conformism values are one determinant of whether behaviour is guided by other personal values or by social norms. In Study 1 (N=50), pro-gay law reform participants were told they were either in a minority or a majority in terms of their attitude towards the law reform. Only participants who were high in conformism values conformed to the group norm on public behaviour intentions. In studies 2 (N=42) and 3 (N=734), participants played multiple choice prisoner's dilemma games with monetary incentives. Only participants who considered conformism values to be relatively unimportant showed the expected connections between universalism values and altruistic behaviour. Study 3 also established that the moderating effect of conformism values on the relation between universalism values and altruistic behaviour was mediated through experienced sense of moral obligation.

Environmental law

International Nuclear Information System (INIS)

Kloepfer, M.

1989-01-01

This comprehensive reference book on environmental law and practice also is a valuable textbook for students specializing in the field. The entire law on pollution control and environmental protection is presented in an intelligent system, covering the latest developments in the Federal and Land legislation, public environmental law, and the related provisions in the fields of civil law and criminal law. The national survey is rounded up by information concerning the international environmental law, environmental law of the European Communities, and of other foreign countries as e.g. Austria and Switzerland. The author also reviews conditions in neighbouring fields such as technology and labour law, environmental economy, environmental policy. Special attention is given to current topics, as e.g. relating to genetic engineering, disused landfills or industrial sites, soil protection, transport of hazardous goods, liability for damage to forests, atomic energy law, and radiation protection law. The latest publishing dates of literature and court decisions considered in the book are in the first months of 1989. (RST) [de

Can Benford's Law explain CEO pay?

NARCIS (Netherlands)

Mukherjee, Shibashish

2018-01-01

Manuscript Type: Empirical Research Issue: This study applies the statistical properties of Benford’s Law to CEO pay. Benford’s ‘Law’ states that in an unbiased dataset, the first digit values are usually unequally allocated when considering the logical expectations of equal distribution. In this

Value dynamics and infrastructure reform

DEFF Research Database (Denmark)

Beck Jørgensen, Torben

2009-01-01

varying decision making contexts bear on the role of values and the handling of values. A number of theoretical explanations of value change are presented, from teleological explanations to pendulum dynamics and life cycle theories. The paper concludes with suggestions on how to deal with normative......This paper identifies the aspects of value dynamics in each of the previous papers: how the choice of institutional arrangements give primacy to some values and others not; the law and the market as separate dynamic forces; the different time horizons involved when studying value changes; and how...

Penitence in Terms of Tax Law and Criminal Law Norms: Problems-Approaches-Solution Proposal

Directory of Open Access Journals (Sweden)

Burçin BOZDOĞANOĞLU

2016-12-01

Full Text Available In our country, despite basis of statement is accepted, determination of reported basis of assessment could be done by tax audition. Located in Tax Law Article 371 penitence and rectification provides the ability to resolve disputes to taxpayer at the administrative stage providing certain conditions, on taxes based on declaration. According to Article 359 of Tax Law, based on the conditions mentioned in Article 371 of the law states with penitence about the status of the penitence to the relevant authorities it is started whether the application of criminal smuggling. So, “payment” condition in Article 371 which is currently taken a place among the conditions to benefit from located penitence institution and tax loss that prevents withdrawal penalty, the issue is not the punishment of trafficking in terms of the current is still in the case of a subject that cannot be agreed upon. However the fate of specified period of time for penitence institute existence of force majeure is controversial issue. In this context; the processing of tax evasion rather than tax loss without penitence institution evaluation of the implementation of equality in taxation. Results can occur within the framework of the provisions on the grounds penitence tax declarations which are not accepted for the reason of given without tax loss rather than a move to focus on the value of properties. In our study, these issues are evaluated, based on tax law and criminal law norms and offers opinions and suggestions for issues raised.

Case - Case-Law - Law

DEFF Research Database (Denmark)

Sadl, Urska

2013-01-01

Reasoning of the Court of Justice of the European Union – Constr uction of arguments in the case-law of the Court – Citation technique – The use of formulas to transform case-law into ‘law’ – ‘Formulaic style’ – European citizenship as a fundamental status – Ruiz Zambrano – Reasoning from...

Moral Responsibility and Legal Liability, or, Ethics Drives the Law

Science.gov (United States)

McGowan, Richard J.; Buttrick, Hilary G.

2015-01-01

As William Shaw's (2008) textbook states, by way of observation, "To a significant extent, law codifies a society's customs, ideals, norms, and moral values" (pp. 10-11). Shaw adds that "changes in the law tend to reflect changes in what a society takes to be right and wrong…" (p. 11). We think Shaw is correct, and we work to…

Power-law and runaway growth in conserved aggregation systems

International Nuclear Information System (INIS)

Yamamoto, Hiroshi; Ohtsuki, Toshiya; Fujihara, Akihiro; Tanimoto, Satoshi

2006-01-01

The z-transform technique is used to analyze the Smoluchowski coagulation equation for conserved aggregation systems. A universal power law with the exponent -5/2 appears when a total 'mass' has a certain critical value. Below the threshold, ordinary scaling relations hold and the system exhibits a behavior like usual critical phenomena. Above the threshold, in contrast, the excess amount of mass coagulates into a runaway member, and remaining members follow the power law. Here the runaway growth coexists with the power law. It is argued that these behaviors are observed universally in conserved aggregation processes

Evaluation of 'period-generated' control laws for the time-optimal control of reactor power

International Nuclear Information System (INIS)

Bernard, J.A.

1988-01-01

Time-Optimal control of neutronic power has recently been achieved by developing control laws that determine the actuator mechanism velocity necessary to produce a specified reactor period. These laws are designated as the 'MIT-SNL Period-Generated Minimum Time Control Laws'. Relative to time-optimal response, they function by altering the rate of change of reactivity so that the instantaneous period is stepped from infinity to its minimum allowed value, held at that value until the desired power level is attained, and then stepped back to infinity. The results of a systematic evaluation of these laws are presented. The behavior of each term in the control laws is shown and the capability of these laws to control properly the reactor power is demonstrated. Factors affecting the implementation of these laws, such as the prompt neutron lifetime and the differential reactivity worth of the actuators, are discussed. Finally, the results of an experimental study in which these laws were used to adjust the power of the 5 MWt MIT Research Reactor are shown. The information presented should be of interest to those designing high performance control systems for test, spacecraft, or, in certain instances, commercial reactors

Health care law versus constitutional law.

Science.gov (United States)

Hall, Mark A

2013-04-01

National Federation of Independent Business v. Sebelius, the Supreme Court's ruling on the Patient Protection and Affordable Care Act, is a landmark decision - both for constitutional law and for health care law and policy. Others will study its implications for constitutional limits on a range of federal powers beyond health care. This article considers to what extent the decision is also about health care law, properly conceived. Under one view, health care law is the subdiscipline that inquires how courts and government actors take account of the special features of medicine that make legal or policy issues especially problematic - rather than regarding health care delivery and finance more generically, like most any other economic or social enterprise. Viewed this way, the opinions from the Court's conservative justices are mainly about general constitutional law principles. In contrast, Justice Ruth Bader Ginsburg's dissenting opinion for the four more liberal justices is just as much about health care law as it is about constitutional law. Her opinion gives detailed attention to the unique features of health care finance and delivery in order to inform her analysis of constitutional precedents and principles. Thus, the Court's multiple opinions give a vivid depiction of the compelling contrasts between communal versus individualistic conceptions of caring for those in need, and between health care and health insurance as ordinary commodities versus ones that merit special economic, social, and legal status.

General considerations on the enforcement (application of law

Directory of Open Access Journals (Sweden)

Berlingher Remus Daniel

2016-06-01

Full Text Available Law is a system of norms developed and/or recognized by the state as norms guiding human behaviour according to the values of that particular society, establishing rights and obligations, principles and definitions, structures and relationships of social organization and activity that must be obeyed and which, when necessary, are insured by the coercive force of the state. Thus, the development of this system of norms is not an end in itself, but is intended to regulate all social relations, guide human behaviours and achieve the aims of the law. The enforcement of law is the process of translating legal rules into practice, through which the subjects of law obey and execute legal norms, and state authorities apply them, depending on their competence. The enforcement of law depends on a number of factors that shape law, such as its natural framework of existence, the historical context and the ethnic and national particularities of that community’s development, the economic factor or framework, the framework and particularities of the political system, the cultural-ideological framework or factor, the international framework or factor, etc.

Environmental law

International Nuclear Information System (INIS)

Anon.

1980-01-01

This pocketbook contains major federal regulations on environmental protection. They serve to protect and cultivate mankind's natural foundations of life, to preserve the environment. The environmental law is devided as follows: Constitutional law on the environment, common administrative law on the environment, special administrative law on the environment including conservation of nature and preservation of rural amenities, protection of waters, waste management, protection against nuisances, nuclear energy and radiation protection, energy conservation, protection against dangerous substances, private law relating to the environment, criminal law relating to the environment. (HSCH) [de

Business and Law Respondents: What Is Ethical Behavior?

Science.gov (United States)

Stevens, George E.

1993-01-01

In a survey of 97 business managers, 141 business students, 46 attorneys, and 98 law students, all groups were consistent in rating their own and peers' ethical beliefs; they perceived peers to have lower ethical values and were aware of competitive market pressures. The idea that new workplace entrants represent a new wave of ethical values was…

Effect of Coulomb stress on the Gutenberg-Richter law

Science.gov (United States)

Navas-Portella, V.; Corral, A.; Jimenez, A.

2017-12-01

Coulomb stress theory has been used for years in seismology to understand how earthquakes trigger each other. Whenever an earthquake occurs, the stress field changes in its neighbourhood, with places with positive values brought closer to failure, whereas negative values distance away that location from failure. Earthquake models that relate rate changes and Coulomb stress after a main event, such as the rate-and-state model, assume negative and positive stress values affect rate changes according to the same functional form. As a first order approximation, under uniform background seismicity before the main event, different values of the b-exponent in the Gutenberg-Richter law would indicate different behaviour for positive and negative stress. In this work, we study the Gutenberg-Richter law in the aftershock sequence of the Landers earthquake (California, 1992, MW=7.3). By using a statistically based fitting method, we discuss whether the sign of Coulomb stresses and the distance to the fault have a significant effect on the value of the b-exponent.

Arizona Education Tax Credit and Hidden Considerations of Justice

Directory of Open Access Journals (Sweden)

Michele S. Moses

2000-08-01

Full Text Available The current debate over market-based ideas for educational reform is examined, focusing specifically on the recent movement toward education tax credits. Viewing the Arizona education tax credit law as a voucher plan in sheep's clothing, I argue that the concept of justice underlying the law is a crucial issue largely missing from the school choice debate. I question the libertarian conception of justice assumed by voucher and tax credit advocates, and argue instead that a contemporary liberal democratic conception of justice ought to undergird attempts at school reform. A call for educators and policymakers to concentrate energies on efforts to help needy students rather than on efforts to channel tax dollars toward self- interested ends concludes the article.

Persons or property – freedom and the legal status of animals

NARCIS (Netherlands)

Schmidt, Andreas

2018-01-01

Is freedom a plausible political value for animals? If so, does this imply that animals are owed legal personhood rights or can animals be free but remain human property? Drawing on different conceptions of freedom, I will argue that while positive freedom, libertarian self-ownership, and republican

EVALUATION OF SALES VALUE OF OBJECT TAX ON LAND AND BUILDINGS

Directory of Open Access Journals (Sweden)

Titin RULIANA

2014-06-01

Full Text Available Tax revenue today become the backbone of the State reception in the State Budget ( Budget . One of the tax revenue is land and building tax . Basis of property tax is the Sales Value of Object Tax. Sales Value of Object Tax is the average price obtained from the market price , and the price is based on the Decree of the Mayor [3]. Determination Sales Value of Object Tax based on Laws number 12 of 1985 amended by Laws number 12 of 1994 [1]. Determination Sales Value of Object Tax based Formulation of the problem in this paper is as follows : "Is it the Sales Value of Object Tax on Land and Building Tax in Year 2012 in accordance with Laws number 12 of year 1994". This research used a sample of fifty one taxpayers from Income Tax Payable in 2012. Target of research is Sales Value of Object Tax on land and building by comparing the Sales Value of Object Tax contained in the Notification Letter of Tax Payable to the actual situation. Based on the background and formulation of the problem, that : "Calculation Sales Value of Object Tax on Land and Building of 2012 in the District Palaran of Samarinda City not in accordance with Law Number 12 of 1994" . I was concluded that the calculation Sales Value of Object Tax on Land and Buildings in the District Palaran been calculated in accordance with Law on number 12 of 1994 . Difference in the amount of Land and Building Tax to be paid based on The Notification Letter of Tax Payable with the results of research in the field due to lack of public understanding about The Land and Building Tax, so that the taxpayer did not immediately report the wide changes to the tax object owned by the Office of Tax services

Evaluation of rate law approximations in bottom-up kinetic models of metabolism

DEFF Research Database (Denmark)

Du, Bin; Zielinski, Daniel C.; Kavvas, Erol S.

2016-01-01

mass action rate law that removes the role of the enzyme from the reaction kinetics. We utilized in vivo data for the human red blood cell to compare the effect of rate law choices against the backdrop of physiological flux and concentration differences. We found that the Michaelis-Menten rate law......Background: The mechanistic description of enzyme kinetics in a dynamic model of metabolism requires specifying the numerical values of a large number of kinetic parameters. The parameterization challenge is often addressed through the use of simplifying approximations to form reaction rate laws....... These approximate rate laws were: 1) a Michaelis-Menten rate law with measured enzyme parameters, 2) a Michaelis-Menten rate law with approximated parameters, using the convenience kinetics convention, 3) a thermodynamic rate law resulting from a metabolite saturation assumption, and 4) a pure chemical reaction...

Effects of noise on the interstellar polarization law

International Nuclear Information System (INIS)

Clarke, D.; Al-Roubaie, A.

1983-01-01

A re-appraisal has been made of catalogued four- and seven-colour polarimetric data in terms of the Serkowski law P(lambda)/Psub(max)=exp(-K ln 2 (lambdasub(max)/lambda)) for the wavelength dependence of interstellar polarization. It has been found that the parameter (K) controlling the peakiness of the p(lambda) curve is not a constant at 1.15 but that it is correlated with the value of lambdasub(max), the wavelength corresponding to the maximum value of p(lambda). It has also been found the the form of the correlation depends significantly on the choice of the wavelength values used to measure p(lambda). A numerical exercise involving data simulation shows that the correlations found in the real data could be an artifact of the random noise on the p(lambda) measurements. It is also suggested that a recent proposal to refine the interstellar law reflects, at least partly, the effects of random noise associated with polarimetric measurements. (author)

The Delinquencies of Juvenile Law: A Natural Law Analysis

Directory of Open Access Journals (Sweden)

Ellis Washington

2010-07-01

Full Text Available This article is a substantive analysis tracing the legal, philosophical, social, historical, jurisprudence and political backgrounds of juvenile law, which is an outgrowth of the so-calledProgressive movement - a popular social and political movement of the late nineteenth and early twentieth century. I also trace how this socio-political cause célèbre became a fixture in Americanculture and society due to existential child labor abuses which progressive intellectuals used as a pretext to codify juvenile law in federal law and in statutory law in all 50 states by 1925. Moreover the dubious social science and Machiavellian political efforts that created the juvenile justice system out of whole cloth has done much more harm to the Constitution and to the children it was mandated to protect than any of the Progressive ideas initially envisioned rooted in Positive Law (separation of law and morals. Finally, I present am impassioned argument for congressional repeal of all juvenile case law and statutes because they are rooted in Positive Law, contrary to Natural Law (integration of law and morals, the original intent of the constitutional Framers and are therefore patently unconstitutional.

The State of Law – Between Ambition and Reality

Directory of Open Access Journals (Sweden)

Nicoleta DIACONU

2011-11-01

Full Text Available Objectives: This article proposes to analyze if the statements regarding the unconsciousness of the law state in Romania, as a reason for not being included in the Schengen Area, are susceptible when the evolution of the relations between Romania and the European International Structures have confirmed the beginning of the rule of law in our country. Prior work: The special literature doesn’t offer many documentaries regarding this subject because the statements that doubt the real existence of the law state in Romania are recent. Even so, the previous analyses show the rule of law in Romania only regarding the justice, without saying anything about the efficiency of these rules. Approach: We analyzed the way that the elements of the law state, as they have been identified in the international documents, are mentioned in the constitutional law in our country. Based on these documents, we analyzed if some risky elements towards the law state confirm or not the previous statements. Implications: The study is useful to highlight the institutional declines and also to offer arguments in order to join the Schengen area. Value: The study wants to offer arguments in order to confirm or to infirm the statements that doubt the existence of the law state.

The Hack's law applied to young volcanic basin: the Tahiti case

Science.gov (United States)

Ye, F.; Sichoix, L.; Barriot, J.; Serafini, J.

2010-12-01

We study the channel morphology over the Tahiti island from the Hack’s law perspective. The Hack’s law is an empirical power relationship between basin drainage area and the length of its main channel. It had also been shown that drainage area becomes more elongate with increasing basin size. For typical continental basins, the exponent value lies between 0.47 for basins larger than 260,000 km2 and 0.7 for those spanning less than 20,720 km2 (Muller, 1973). In Tahiti, we extracted 27 principal basins ranging from 7 km2 to 90 km2 from a Digital Terrain Model of the island with a 5 m-resolution. We demonstrate that the Hack’s law still apply for such small basins (correlation coefficient R2=0.7) with an exponent value being approximately 0.5. It appears that the exponent value is influenced by the local geomorphic condition, and does not follow the previous study results (the exponent value decreases with increasing drainage area.) Our exponent value matches the result found w.r.t. debris-flow basins of China for drainage areas less than 100 km2 (Li et al., 2008). Otherwise, the young volcanic basins of Tahiti do not become longer and narrower with increasing basin size (R2=0.1). Besides, there is no correlation between the basin area and the basin convexity (R2=0). This means that there is no statistical change in basin shape with basin size. We present also the drainage area-slope relationship with respect to sediment or transport-limited processes. Key words: Hack’s law, channel morphology, DTM

A note on poroacoustic traveling waves under Forchheimer's law

International Nuclear Information System (INIS)

Jordan, P.M.

2013-01-01

Acoustic traveling waves in a gas that saturates a rigid porous medium is investigated under the assumption that the drag experienced by the gas is modeled by Forchheimer's law. Exact traveling wave solutions (TWS)s, as well as approximate and asymptotic expressions, are obtained; decay rates are determined; and acceleration wave results are presented. In addition, special cases are considered, critical values of the wave variable and parameters are derived, and comparisons with predictions based on Darcy's law are performed. It is shown that, with respect to the Darcy case, most of the metrics that characterize such waveforms exhibit an increase in magnitude under Forchheimer's law

The application of section 8(3) of the constitution in the development of customary law values in South Africa's new constitutional dispensation

OpenAIRE

Ntlama, Nomthandazo

2012-01-01

The constitutional recognition of customary law alongside common law in the Constitution of the Republic of South Africa, 1996 is highly commendable. It also raises the question of whether or not the recognition was undertaken out of genuine respect for customary law or merely forgotten in section 8(3) of the Constitution. It is argued that the exclusion of customary law from the provision of the section is nothing more than the advancement of the dominant status enjoyed by common law, as was...

On Some Nonclassical Algebraic Properties of Interval-Valued Fuzzy Soft Sets

Science.gov (United States)

2014-01-01

Interval-valued fuzzy soft sets realize a hybrid soft computing model in a general framework. Both Molodtsov's soft sets and interval-valued fuzzy sets can be seen as special cases of interval-valued fuzzy soft sets. In this study, we first compare four different types of interval-valued fuzzy soft subsets and reveal the relations among them. Then we concentrate on investigating some nonclassical algebraic properties of interval-valued fuzzy soft sets under the soft product operations. We show that some fundamental algebraic properties including the commutative and associative laws do not hold in the conventional sense, but hold in weaker forms characterized in terms of the relation =L. We obtain a number of algebraic inequalities of interval-valued fuzzy soft sets characterized by interval-valued fuzzy soft inclusions. We also establish the weak idempotent law and the weak absorptive law of interval-valued fuzzy soft sets using interval-valued fuzzy soft J-equal relations. It is revealed that the soft product operations ∧ and ∨ of interval-valued fuzzy soft sets do not always have similar algebraic properties. Moreover, we find that only distributive inequalities described by the interval-valued fuzzy soft L-inclusions hold for interval-valued fuzzy soft sets. PMID:25143964

On Some Nonclassical Algebraic Properties of Interval-Valued Fuzzy Soft Sets

Directory of Open Access Journals (Sweden)

Xiaoyan Liu

2014-01-01

Full Text Available Interval-valued fuzzy soft sets realize a hybrid soft computing model in a general framework. Both Molodtsov’s soft sets and interval-valued fuzzy sets can be seen as special cases of interval-valued fuzzy soft sets. In this study, we first compare four different types of interval-valued fuzzy soft subsets and reveal the relations among them. Then we concentrate on investigating some nonclassical algebraic properties of interval-valued fuzzy soft sets under the soft product operations. We show that some fundamental algebraic properties including the commutative and associative laws do not hold in the conventional sense, but hold in weaker forms characterized in terms of the relation =L. We obtain a number of algebraic inequalities of interval-valued fuzzy soft sets characterized by interval-valued fuzzy soft inclusions. We also establish the weak idempotent law and the weak absorptive law of interval-valued fuzzy soft sets using interval-valued fuzzy soft J-equal relations. It is revealed that the soft product operations ∧ and ∨ of interval-valued fuzzy soft sets do not always have similar algebraic properties. Moreover, we find that only distributive inequalities described by the interval-valued fuzzy soft L-inclusions hold for interval-valued fuzzy soft sets.

On some nonclassical algebraic properties of interval-valued fuzzy soft sets.

Science.gov (United States)

Liu, Xiaoyan; Feng, Feng; Zhang, Hui

2014-01-01

Interval-valued fuzzy soft sets realize a hybrid soft computing model in a general framework. Both Molodtsov's soft sets and interval-valued fuzzy sets can be seen as special cases of interval-valued fuzzy soft sets. In this study, we first compare four different types of interval-valued fuzzy soft subsets and reveal the relations among them. Then we concentrate on investigating some nonclassical algebraic properties of interval-valued fuzzy soft sets under the soft product operations. We show that some fundamental algebraic properties including the commutative and associative laws do not hold in the conventional sense, but hold in weaker forms characterized in terms of the relation = L . We obtain a number of algebraic inequalities of interval-valued fuzzy soft sets characterized by interval-valued fuzzy soft inclusions. We also establish the weak idempotent law and the weak absorptive law of interval-valued fuzzy soft sets using interval-valued fuzzy soft J-equal relations. It is revealed that the soft product operations ∧ and ∨ of interval-valued fuzzy soft sets do not always have similar algebraic properties. Moreover, we find that only distributive inequalities described by the interval-valued fuzzy soft L-inclusions hold for interval-valued fuzzy soft sets.

The incorporation of public international law into municipal law and ...

African Journals Online (AJOL)

Monism and dualism represent two different approaches towards the relationship between public international law and municipal law. While the former views public international law and municipal law as a single legal system, the latter regards these two areas of law as separate and distinct legal systems that exist ...

A 'Scottish Poor Law of Lunacy'? Poor Law, Lunacy Law and Scotland's parochial asylums.

Science.gov (United States)

Farquharson, Lauren

2017-03-01

Scotland's parochial asylums are unfamiliar institutional spaces. Representing the concrete manifestation of the collision between two spheres of legislation, the Poor Law and the Lunacy Law, six such asylums were constructed in the latter half of the nineteenth century. These sites expressed the enduring mandate of the Scottish Poor Law 1845 over the domain of 'madness'. They were institutions whose very existence was fashioned at the directive of the local arm of the Poor Law, the parochial board, and they constituted a continuing 'Scottish Poor Law of Lunacy'. Their origins and operation significantly subverted the intentions and objectives of the Lunacy Act 1857, the aim of which had been to institute a public district asylum network with nationwide coverage.

The Texas Advanced Directive Law: Unfinished Business.

Science.gov (United States)

Kapottos, Michael; Youngner, Stuart

2015-01-01

The Texas Advance Directive Act allows physicians and hospitals to overrule patient or family requests for futile care. Purposefully not defining futility, the law leaves its determination in specific cases to an institutional process. While the law has received several criticisms, it does seem to work constructively in the cases that come to the review process. We introduce a new criticism: While the law has been justified by an appeal to professional values such as avoiding harm to patients, avoiding the provision of unseemly care, and good stewardship of medical resources, it is applied incompletely. It allows physicians and institutional committees to refuse "futile" treatments desired by patients and families while at the same time providing no way of regulating physicians who recommend or even push "futile" treatments in similar cases. In this sense, the TADA is incomplete on its own terms.

International law

CERN Document Server

Shaw, Malcolm N

2017-01-01

International Law is the definitive and authoritative text on the subject, offering Shaw's unbeatable combination of clarity of expression and academic rigour and ensuring both understanding and critical analysis in an engaging and authoritative style. Encompassing the leading principles, practice and cases, and retaining and developing the detailed references which encourage and assist the reader in further study, this new edition motivates and challenges students and professionals while remaining accessible and engaging. Fully updated to reflect recent case law and treaty developments, this edition contains an expanded treatment of the relationship between international and domestic law, the principles of international humanitarian law, and international criminal law alongside additional material on international economic law.

[The concept of dignity and life science law: a symbolic, dynamic value at the heart of the social construction of man].

Science.gov (United States)

Byk, Christian

2010-12-01

Included in human rights law just after the Second World War, dignity is the quality common to all people in that it symbolises their human condition. Inherent to each person, it is therefore independent of any other personal and random condition (physical state, origin, colour, religion...) just as it is independent of social conditions (a person's dignity cannot be questioned by society). However, the very context of this recognition--in the aftermath of the defeat of Nazism--emphasises the fact that it was not something evident in human history. So there is in this manifestation of the international community a strong political sign which makes dignity as much a construction of man as a quality consubstantial with his nature. A symbol of the human condition, dignity is therefore also a dynamic value, a combat value. As such, it forces us to wonder about what belongs to the human sphere and also about the particular responsibility which springs for every man and for mankind, from the dignity with which he is invested.

Gelada vocal sequences follow Menzerath’s linguistic law

Science.gov (United States)

Gustison, Morgan L.; Semple, Stuart; Ferrer-i-Cancho, Ramon; Bergman, Thore J.

2016-01-01

Identifying universal principles underpinning diverse natural systems is a key goal of the life sciences. A powerful approach in addressing this goal has been to test whether patterns consistent with linguistic laws are found in nonhuman animals. Menzerath’s law is a linguistic law that states that, the larger the construct, the smaller the size of its constituents. Here, to our knowledge, we present the first evidence that Menzerath’s law holds in the vocal communication of a nonhuman species. We show that, in vocal sequences of wild male geladas (Theropithecus gelada), construct size (sequence size in number of calls) is negatively correlated with constituent size (duration of calls). Call duration does not vary significantly with position in the sequence, but call sequence composition does change with sequence size and most call types are abbreviated in larger sequences. We also find that intercall intervals follow the same relationship with sequence size as do calls. Finally, we provide formal mathematical support for the idea that Menzerath’s law reflects compression—the principle of minimizing the expected length of a code. Our findings suggest that a common principle underpins human and gelada vocal communication, highlighting the value of exploring the applicability of linguistic laws in vocal systems outside the realm of language. PMID:27091968

The Existence of Customary Law in the Polemics of Positive Law – a Study From the Perspective of Constitutional Law

OpenAIRE

Saleh, M

2013-01-01

As a member of the law family, the Adat law is one form of positive law which plays particular role and contribution in the making process of the whole positive law in Indonesia. Existence of Adat law in the constitutional of Indonesia painted its own color. As one of the oldest customary law in the life of local community Adat law has become the seed and formatting idea of Indonesia's national law where Adat Law has widely influenced other positive law.

Minimum critical values of uranyl and plutonium nitrate solutions calculated by various routes of the french criticality codes system CRISTAL using the new isopiestic nitrate density law

International Nuclear Information System (INIS)

Anno, Jacques; Rouyer, Veronique; Leclaire, Nicolas

2003-01-01

This paper provides for various cases of 235 U enrichment or Pu isotopic vectors, and different reflectors, new minimum critical values of uranyl nitrate and plutonium nitrate solutions (H + =0) obtained by the standard IRSN calculation route and the new isopiestic density laws. Comparisons are also made with other more accurate routes showing that the standard one's results are most often conservative and usable for criticality safety assessments. (author)

Characteristics of Precedent : The Case Law of the European Court of Justice in Three Dimensions

OpenAIRE

Derlén, Mattias; Lindholm, Johan

2015-01-01

The case law of the Court of Justice of the European Union (CJEU) is one of the most important sources of European Union law. However, case law’s role in EU law is not uniform. By empirically studying how the Court uses its own case law as a source of law, we explore the correlation between, on the one hand, the characteristics of a CJEU case— type of action, actors involved, and area of law—and, on the other hand, the judgment’s “embeddedness” in previous case law and value as a precedent in...

THE INTERFERENCE OF EUROPEAN UNION LAW WITH PUBLIC INTERNATIONAL LAW

Directory of Open Access Journals (Sweden)

ROXANA-MARIANA POPESCU

2011-04-01

Full Text Available The European Union Law is an unique legal phenomenon developed in the process of European integration within the framework of the European Communities and the European Union; a result of the implementation of the supranational authority of the European institutions. The European Union law is a specific legal system having independent sources and principles that developed at the border-line of international law and domestic law of the EU’s Member States. The authonomy of the European Union law is affirmed by a case-law of the Court of Justice of the European Union.The European Union has its own legal order which is separate from international law and forms an integral part of the legal systems of the Member States. The legal order of the Union is founded on various different sources of law. The different nature of these sources has imposed a hierarchy among them. At the pinnacle of this hierarchy we find primary law, represented by the Treaties and general legal principles, followed by international treaties concluded by the Union and secondary law founded on the Treaties.

Using Zipf-Mandelbrot law and graph theory to evaluate animal welfare

Science.gov (United States)

de Oliveira, Caprice G. L.; Miranda, José G. V.; Japyassú, Hilton F.; El-Hani, Charbel N.

2018-02-01

This work deals with the construction and testing of metrics of welfare based on behavioral complexity, using assumptions derived from Zipf-Mandelbrot law and graph theory. To test these metrics we compared yellow-breasted capuchins (Sapajus xanthosternos) (Wied-Neuwied, 1826) (PRIMATES CEBIDAE) found in two institutions, subjected to different captive conditions: a Zoobotanical Garden (hereafter, ZOO; n = 14), in good welfare condition, and a Wildlife Rescue Center (hereafter, WRC; n = 8), in poor welfare condition. In the Zipf-Mandelbrot-based analysis, the power law exponent was calculated using behavior frequency values versus behavior rank value. These values allow us to evaluate variations in individual behavioral complexity. For each individual we also constructed a graph using the sequence of behavioral units displayed in each recording (average recording time per individual: 4 h 26 min in the ZOO, 4 h 30 min in the WRC). Then, we calculated the values of the main graph attributes, which allowed us to analyze the complexity of the connectivity of the behaviors displayed in the individuals' behavioral sequences. We found significant differences between the two groups for the slope values in the Zipf-Mandelbrot analysis. The slope values for the ZOO individuals approached -1, with graphs representing a power law, while the values for the WRC individuals diverged from -1, differing from a power law pattern. Likewise, we found significant differences for the graph attributes average degree, weighted average degree, and clustering coefficient when comparing the ZOO and WRC individual graphs. However, no significant difference was found for the attributes modularity and average path length. Both analyses were effective in detecting differences between the patterns of behavioral complexity in the two groups. The slope values for the ZOO individuals indicated a higher behavioral complexity when compared to the WRC individuals. Similarly, graph construction and the

Preliminary limits on deviation from the inverse-square law of gravity in the solar system: a power-law parameterization

International Nuclear Information System (INIS)

Liu Meng-Yao; Zhong Ze-Hao; Han Yi-Chen; Wang Xiao-Yu; Yang Zong-Shui; Xie Yi

2014-01-01

New physics beyond the standard model of particles might cause a deviation from the inverse-square law of gravity. In some theories, it is parameterized by a power-law correction to the Newtonian gravitational force, which might originate from the simultaneous exchange of particles or modified and extended theories of gravity. Using the supplementary advances of the perihelia provided by INPOP10a (IMCCE, France) and EPM2011 (IAA RAS, Russia) ephemerides, we obtain preliminary limits on this correction. In our estimation, we take the Lense-Thirring effect due to the Sun's angular momentum into account. The parameters of the power-law correction and the uncertainty of the Sun's quadrupole moment are simultaneously estimated with the method of minimizing χ 2 . From INPOP10a, we find N = 0.605 for the exponent of the power-law correction. However, from EPM2011, we find that, although it yields N = 3.001, the estimated uncertainty in the Sun's quadrupole moment is much larger than the value given by current observations. This might be caused by the intrinsic nonlinearity in the power-law correction, which makes the estimation very sensitive to the supplementary advances of the perihelia. (research papers)

Europeanisation of private law and English law

OpenAIRE

Beale, Hugh

2003-01-01

To what extent is English Private Law being affected by the United Kingdom’s membership of the European Union? I think we can try to answer this at three levels: (i) The United Kingdom’s compliance with EU legislation; (ii) the influence of European ideas on English Private Law; (iii) the attitude in England towards greater harmonisation or possible unification of European Private Law

Law across nations

DEFF Research Database (Denmark)

of participants keen to work together to promote research and policy development in such a lively forum." - Professor Steve Saxby PhD, Cert Ed., MBCS Professor of IT Law and Public Policy, Solicitor, Deputy Head of School (Research), Faculty of Business and Law, University of Southampton, Editor...... not only the original themes of Legal, Security and Privacy Issues in IT Law and International Law and Trade but more recently two new conferences on International Public and Private Law. The papers in this volume then represent the contributions to all these fields and reflect the strong desire......-in-Chief, The Computer Law & Security Review - The International Journal of Technology Law and Practice (Elsevier), www.elsevier.com/locate/clsr, Editor, The Encyclopedia of Information Technology Law (Sweet & Maxwell), Director ILAWS - Institute for Law and the Web - School of Law, Southampton University, www...

Journalists and Terrorism: Captives of the Libertarian Tradition.

Science.gov (United States)

Jaehnig, Walter B.

Because modern terrorism threatens democratic values such as personal liberty, free expression, and the limitation of institutional authority, it raises ethical problems for journalists who are drawn into a symbiotic relationship with those who threaten or use violence against a community. Recent terrorist incidents in the United States involving…

Theoretical scaling law of coronal magnetic field and electron power-law index in solar microwave burst sources

Science.gov (United States)

Huang, Y.; Song, Q. W.; Tan, B. L.

2018-04-01

It is first proposed a theoretical scaling law respectively for the coronal magnetic field strength B and electron power-law index δ versus frequency and coronal height in solar microwave burst sources. Based on the non-thermal gyro-synchrotron radiation model (Ramaty in Astrophys. J. 158:753, 1969), B and δ are uniquely solved by the observable optically-thin spectral index and turnover (peak) frequency, the other parameters (plasma density, temperature, view angle, low and high energy cutoffs, etc.) are relatively insensitive to the calculations, thus taken as some typical values. Both of B and δ increase with increasing of radio frequency but with decreasing of coronal height above photosphere, and well satisfy a square or cubic logarithmic fitting.

Law Commissions – What is the essence of their law reform role?

Directory of Open Access Journals (Sweden)

Neil Faris

2014-10-01

Full Text Available Article by Neil Faris (Solicitor and a former Commissioner at the Northern Ireland Law Commission reflecting on the nature of law reform as carried out by law commissions. This is in the context of the author’s experience in the Northern Ireland Law Commission. The paper assesses the importance of independence in any law reform body and the particular impact which law commissioners may bring to the law reform process. The paper looks at the history of law reform in Northern Ireland leading to the establishment of the Commission with a brief overview of the work of the Commission. The conclusion is that there is a role for effective law reform driven by commissioner led independent law commissions. The author makes a strong case for the need for independent law commissions to promote high quality law reform. His article gives an idea about how law reform works in practice with law commissions providing one route for reforming the law.

Socialism and the Blockchain

Directory of Open Access Journals (Sweden)

Steve Huckle

2016-10-01

Full Text Available Bitcoin (BTC is often cited as Libertarian. However, the technology underpinning Bitcoin, blockchain, has properties that make it ideally suited to Socialist paradigms. Current literature supports the Libertarian viewpoint by focusing on the ability of Bitcoin to bypass central authority and provide anonymity; rarely is there an examination of blockchain technology’s capacity for decentralised transparency and auditability in support of a Socialist model. This paper conducts a review of the blockchain, Libertarianism, and Socialist philosophies. It then explores Socialist models of public ownership and looks at the unique cooperative properties of blockchain that make the technology ideal for supporting Socialist societies. In summary, this paper argues that blockchain technologies are not just a Libertarian tool, they also enhance Socialist forms of governance.

Protection of personality rights in civil law

Directory of Open Access Journals (Sweden)

Simonović Ivana

2014-01-01

Full Text Available Personality rights have long been described as the youngest member of the civil law family of absolute subjective (individual civil rights. By establishing these rights, an individual is guaranteed full and direct legal authority and control over one's personal assets, which include the most important human values such as: life, integrity, dignity and privacy. The ultimate importance of these personal assets is supported by appropriate legal protection of personality rights, which have been guaranteed in numerous provisions of constitutional law, civil law, criminal law and administrative law. The legal protection of personality rights stems from the understanding that a human being cannot be reduced to a biological entity; being part of the community, man is also a social being. Taking into account constant interactions and mutual relations between members of the society, man should be guaranteed certain rights. It primarily implies the guaranteed right to inviolability of one's personality, which is the basis for generating other personality rights. These rights are inherent, inalienable and absolute in terms of their effects; as such, they provide protection from the interference of the state and any third party. Focusing on the rules of civil law, the authors have explored the potentials and the scope of legal protection of personality rights provided by awarding a civil sanction. Although civil sanction is basically monetary sanction, it is deemed to be quite appropriate for the protection of personal (non-patrimonial assets.

Baryon Wilson loop area law in QCD

International Nuclear Information System (INIS)

Cornwall, J.M.

1996-01-01

There is still confusion about the correct form of the area law for the baryonic Wilson loop (BWL) of QCD. Strong-coupling (i.e., finite lattice spacing in lattice gauge theory) approximations suggest the form exp[-KA Y ], where K is the q bar q string tension and A Y is the global minimum area, generically a three-bladed area with the blades joined along a Steiner line (Y configuration). However, the correct answer is exp[-(K/2)(A 12 +A 13 +A 23 )], where, e.g., A 12 is the minimal area between quark lines 1 and 2 (Δ configuration). This second answer was given long ago, based on certain approximations, and is also strongly favored in lattice computations. In the present work, we derive the Δ law from the usual vortex-monopole picture of confinement, and show that, in any case, because of the 1/2 in the Δ law, this law leads to a larger value for the BWL (smaller exponent) than does the Y law. We show that the three-bladed, strong-coupling surfaces, which are infinitesimally thick in the limit of zero lattice spacing, survive as surfaces to be used in the non-Abelian Stokes close-quote theorem for the BWL, which we derive, and lead via this Stokes close-quote theorem to the correct Δ law. Finally, we extend these considerations, including perturbative contributions, to gauge groups SU(N), with N>3. copyright 1996 The American Physical Society

RECENT CJEU CASE LAW TRENDS IN COMPETITION LAW

Directory of Open Access Journals (Sweden)

Virgilijus Valančius

2017-12-01

Full Text Available The objective of this article is to present the most significant recent case law of the Court of Justice of the European Union (CJEU related to the competition law. Firstly, focus is given to some recent CJEU case law in the antitrust area, i.e. the judgments dealing with the application of Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU. A special attention is paid to the most recent CJEU case law analyzing the distinction between the object and effect of the prevention, restriction or distortion of competition. Secondly, some significant State aid cases are dealt with, i.e. the cases related to the application of Article 107 TFEU. Although the CJEU case law has not recently undergone major changes in the competition law field, the article reflects the main trends towards the current jurisprudence and what challenges may be expected in the future.

The growing interrelationship between nuclear law and environmental law

International Nuclear Information System (INIS)

Bourdon, Pierre

2015-01-01

With the recent United Nations Climate Change Conference (COP21) in Paris, a great deal of attention is being given to low-carbon energy technologies and policies that could help the world limit the global temperature increase to 2 deg. Celsius. Among these technologies, nuclear energy, which remains the largest source of low-carbon electricity in OECD countries and the second largest source of electricity at the global level after hydropower, can play a key role. The 2011 Fukushima Daiichi accident heightened public concern over the safety of nuclear energy in many countries. Because of the potentially far-reaching consequences of the use of nuclear energy on the environment in the case of an accident, it is commonly thought that nuclear law and environmental law are not entirely compatible or do not necessarily share the same objectives. Nuclear law may be defined as 'the body of special legal norms created to regulate the conduct of legal or natural persons engaged in activities related to fissionable materials, ionizing radiation and exposure to natural sources of radiation', while environmental law can be defined as 'the body of law that contains elements to control the human impact on the Earth and on public health'. These two areas of law were considered independently in the past, since the initial focus of nuclear law, which was developed before environmental law, was to protect people and property, without explicitly referring to the environment. However, the 1986 Chernobyl accident and increasing environmental concerns during that same decade led to a growing emphasis on environmental protection in the field of nuclear activities. On the one hand, nuclear law, as 'lex specialis', aims to ensure that nuclear activities are carried out in a manner that is safe for both the public and the environment. On the other hand, the expansion of the realm of environmental law has given rise to the application of environmentally focused

The Application of Section 8(3 of the Constitution in the Development of Customary Law Values in South Africa's New Constitutional Dispensation

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N Ntlama

2012-03-01

Full Text Available The constitutional recognition of customary law alongside common law in the Constitution of the Republic of South Africa, 1996 is highly commendable. It also raises the question of whether or not the recognition was undertaken out of genuine respect for customary law or merely forgotten in section 8(3 of the Constitution. It is argued that the exclusion of customary law from the provision of the section is nothing more than the advancement of the dominant status enjoyed by common law, as was the case before the dawn of democracy. This argument is limited to the application of section 8(3 and the jurisprudence of the Constitutional Court, without focusing on the shortcomings of the latter in relation to the remedies provided in the resolution of disputes arising from customary law.

The Newcomb-Benford law and nuclear half-lives

International Nuclear Information System (INIS)

Farkas, J.; Gyuerky, Gy.

2010-01-01

Compete text of publication follows. The satisfaction of the Newcomb-Benford law (a.k.a. Benford's first digit law) is a long standing issue in science, and has interesting mathematical and philosophical consequences. It was identified by Newcomb in 1881 and reinvented later by Benford in 1938. The law states that the distribution of the first digit of numbers taken from various sources like magazines, scientific publications, wealth statistics, etc. . . follows the law P d = lg (1 + 1/d) (d = 1, 2, ..., 9), where d is the given digit. It was reported recently that the satisfaction of the law was observed in nuclear decay half-life datasets. Based on this fact, it was implied that the law is helpful as a test for nuclear decay models, as well as it can be used to search for new physical phenomena (like self organized criticality) which can be responsible for the satisfaction of the law. The mathematical conundrum of the Newcomb-Benford law has been solved in 2008 for numbers coming from a data set with a given distribution. The 'Benford compliance theorem' uses the Fourier transform of the probability distribution function of the numbers to identify the characteristics of the distribution responsible for the satisfaction of the law. In our work we confirmed that the halflives of radioactive nuclei satisfy the law by using two standard techniques: direct plotting and the 'ones scaling test' method. We also showed that the distribution of the half-life values closely resembles a log-normal distribution stretching through about 54 orders of magnitude. By using the Fourier transform of the distribution function we showed that the numbers with such a distribution automatically satisfy the Newcomb-Benford law, due to the compliance theorem. Thus we concluded that the satisfaction of the law provides no additional clue on whether a nuclear model is valid or not, given it produces a similar distribution of halflives as observed.

Challenges imposed by International Environmental Law to Classical International Law

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Fabian Augusto Cárdenas Castañeda

2010-05-01

Full Text Available The emergence of international environmental law has produced important challenges to the very foundations of public international law. Traditional concepts such as state sovereignty, subjects of international law, and the early perspectives of national security are being transformed. The needs of the contemporary international society differ from the ones of the Wesphalian conception, situations which clearly explains the raise of alternative views for the understanding of the current dynamics of international law, where concepts like res communis, common concerns and simply “commons” take a privileged place in the study of international law. The foregoing has been strengthened by the international development of the so called erga ommnes obligations, label which is being used by international environmental law as the perfect explanation of its own existence. This academic article presents and studies the abovementioned concepts trying to compare what international law used to be before the emergence of international environmental law and what it is and what it should be in order to attend the developments and challenges imposed by the contemporary international society, particularly by international environmental law, a new fi eld of the corpus juris of public international law.

"Turkish Modernization," Democracy, and Education: An Analysis from Dewey's Perspective

Science.gov (United States)

Ozsoy, Seckin

2009-01-01

Dewey is an important representative of the libertarian education movement, which has its roots based on the values of the enlightenment. This study aimed to analyze the relationship between "Turkish modernization" and education from Dewey's perspective. In the paper, the place and effect of Dewey in the Turkish pedagogical vision was…

Lagrange and Noether analysis of polarization laws of conservation for electromagnetic field

International Nuclear Information System (INIS)

Krivskij, I.Yu.; Simulik, V.M.

1988-01-01

Both well-known Bessel-Hagen conservation laws and conservation laws of polarized character are derived for electromagnetic field in the Lagrange approach to electrodynamics in terms of intensities (without using the A μ potentials as variation variables). The laws mentioned are derived according to Noether theorem because symmetry to which such concervation laws correspond is lost during the transition from intensities to potentials. Based on Noether theorem (and its generalization for Naeik's symmetries) and Lagrange function scalar in relation to complete Poincare group in terms of intensity tensor, a convenient formula for calculating and values conserved for electromagnetic field is derived which sets up a physically adequate symmetry operator -conservation law correlation and thus links the presence of conservation laws of polarized character with symmetry properties of Maxwell equations. Adiabaticity of conservation laws of polarized character under the presence of interaction with currents and charges is indicated

Biot-Savart Law Application in Wireless Power Transfer – Dependence of Magnetic Field to Angle Position

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Bogdan IUGA

2017-12-01

Full Text Available The magnetic field of a closed loop of conductive wire can be computed due to Biot-Savart law, which analyses the value of the field at an exterior point from the transversal axis. If the measure point is out of the axis then the magnetic field has completely different values. A general stated form of this law can measure the value in any point, in relation to Euclidian distance from the loop.

Negotiating between past and present discourse values in a ...

African Journals Online (AJOL)

... past and present discourse values in a postgraduate law course: implications for writing. ... Focusing on one course, Criminal Law, and within that the legal problem question answer (PQA) genre, I draw on Toulmin's (1958) model of ... the intellectual and cultural demands of specialised genres at postgraduate level.

Taylor Law in Wind Energy Data

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Rudy Calif

2015-10-01

Full Text Available The Taylor power law (or temporal fluctuation scaling, is a scaling relationship of the form σ ~  (Pλ where !! is the standard deviation and hPi the mean value of a sample of a time series has been observed for power output data sampled at 5 min and 1 s and from five wind farms and a single wind turbine, located at different places. Furthermore, an analogy with the turbulence field is performed, consequently allowing the establishment of a scaling relationship between the turbulent production IP and the mean value (P.

ON POTENTIAL REPRESENTATIONS OF THE DISTRIBUTION LAW OF RARE STRONGEST EARTHQUAKES

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M. V. Rodkin

2014-01-01

Full Text Available Assessment of long-term seismic hazard is critically dependent on the behavior of tail of the distribution function of rare strongest earthquakes. Analyses of empirical data cannot however yield the credible solution of this problem because the instrumental catalogs of earthquake are available only for a rather short time intervals, and the uncertainty in estimations of magnitude of paleoearthquakes is high. From the available data, it was possible only to propose a number of alternative models characterizing the distribution of rare strongest earthquakes. There are the following models: the model based on theGuttenberg – Richter law suggested to be valid until a maximum possible seismic event (Мmах, models of 'bend down' of earthquake recurrence curve, and the characteristic earthquakes model. We discuss these models from the general physical concepts supported by the theory of extreme values (with reference to the generalized extreme value (GEV distribution and the generalized Pareto distribution (GPD and the multiplicative cascade model of seismic regime. In terms of the multiplicative cascade model, seismic regime is treated as a large number of episodes of avalanche-type relaxation of metastable states which take place in a set of metastable sub-systems.The model of magnitude-unlimited continuation of the Guttenberg – Richter law is invalid from the physical point of view because it corresponds to an infinite mean value of seismic energy and infinite capacity of the process generating seismicity. A model of an abrupt cut of this law by a maximum possible event, Мmах is not fully logical either.A model with the 'bend-down' of earthquake recurrence curve can ensure both continuity of the distribution law and finiteness of seismic energy value. Results of studies with the use of the theory of extreme values provide a convincing support to the model of 'bend-down' of earthquakes’ recurrence curve. Moreover they testify also that the

Reinforcing the (neo-)Hobbesian representations of international law

NARCIS (Netherlands)

d' Aspremont, J.

2010-01-01

The question of the foundations of the international legal order has long fuelled controversies. The mainstream international legal scholarship, dominated by liberal and constitutionalist discourses, has advocated an understanding of international law that rests on global values. This article

Tenancy Law Denmark

DEFF Research Database (Denmark)

Edlund, Hans Henrik

2003-01-01

Report on Danish Tenancy Law. Contribution to a research project co-financed by the Grotius Programme for Judicial Co-Operation in Civil Matters. http://www.iue.it/LAW/ResearchTeaching/EuropeanPrivateLaw/Projects.shtml......Report on Danish Tenancy Law. Contribution to a research project co-financed by the Grotius Programme for Judicial Co-Operation in Civil Matters. http://www.iue.it/LAW/ResearchTeaching/EuropeanPrivateLaw/Projects.shtml...

LAW PRINCIPLES AND SOCIAL PHILOSOPHY. DOCTRINE OF THE SOCIAL CONTRACT

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Marius ANDREESCU

2017-07-01

Full Text Available e, the understanding of the significances of the “principle of law” needs to have an interdisciplinary character, the basis for the approach being the philosophy of the law. In this study we fulfill such an analysis with the purpose to underline the multiple theoretical significances due to this concept, but also the relationship between the juridical principles and norms, respectively the normative value of the principle of the law. Thus are being materialized extensive references to the philosophical and juridical doctrine in the matter. This study is a pleading to refer to the principles, in the work for the law’s creation and application. Starting with the difference between “given” and ‘constructed” we propose the distinction between the “metaphysical principles” outside the law, which by their contents have philosophical significances, and the “constructed principles” elaborated inside the law. We emphasize the obligation of the law maker, but also of the expert to refer to the principles in the work of legislation, interpretation and applying of the law. Arguments are brought for updating, in certain limits, the justice – naturalistic concepts in the law.

Religious law versus secular law The example of the get refusal in Dutch, English and Israeli law

NARCIS (Netherlands)

Blois, M. de

2010-01-01

The tension between religious law and secular law in modern democracies is illustrated in this article by a discussion of the different approaches to the get (a bill of divorce) refusal (based on Jewish law) under Dutch, English and Israeli law. These legal orders share many characteristics, but

The mix of laws involved in the activity of the companies in the aerospace field

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Aurelian Virgil BALUTA

2017-03-01

Full Text Available The life of companies, including the aerospace companies, depends on the business cycle. The paper presents the trends of law in ascending and descending period of the business cycle. A point of the paper is the separation of military and civil law in aerospace, public and private law, national and corporate security systems. Also the laws to be apply in relation with public authorities, private organizations, citizens are approched. In the paper are included some keys for interpretation such as the hierarchy of social values. In modern times, the humans life, rights and property must be the main protected values. The paper shows the methods to be accepted for the analyse/analysis of law in aerospace field: logical analysis, hystorical method, comparative method, social research, experimental method. In the aerospace field each of them has some particularities. The classification of laws depending of economic impact in the aerospace field is an other section. There are presented implications on cost, income, receipts, payments, duration of the activities, other restrictions.

Is Law science? | Roos | Potchefstroom Electronic Law Journal ...

African Journals Online (AJOL)

The question this contribution sets out to address is whether or not law can be regarded as a science. This notion is readily accepted by many, yet it is submitted that a proper theoretical justification for such an assumption is usually missing. The traditional primary sources of law, South African case law and legislation, ...

The subversion of Mill and the ultimate aim of nursing.

Science.gov (United States)

Snelling, Paul C

2018-01-01

This is lightly edited and referenced version of a presentation given at the 20th International Philosophy of Nursing conference in Quebec on 23rd August 2016. Philosophical texts are not given the same prominence in nurse education as their more valued younger sibling, primary research evidence, but they can influence practice through guidelines, codes and espoused values. John Stuart Mill's harm principle, found in On Liberty, is not a universal law, and only a thoroughgoing libertarian would defend it as such, though it, or its remnants, can be seen can be seen in policy documents. But its influence is weakening. Smoking bans in enclosed spaces were initially justified with other-regarding considerations, but judgements from unsuccessful legal challenges from patients in UK psychiatric hospitals rely on preventing harm to the smoker, even when smoking outside, which does not harm others. In the wake of legislation, no-smoking policies enacted by hospitals are becoming more aggressive, banning smoking both inside and outside, and extending the use of power gained through employment to prevent nurses assisting patients enjoy a lawful habit. Mill's dictum has been subverted, and this speaks to the fundamental purpose of nursing. Should nurses collude and willingly exert their power for their version of the good of the patient? Or should they instead reaffirm values that support and facilitate life choices made by autonomous people? The paper supports the latter option, and this has wider application for nursing which can be illuminated, if not settled, by revisiting Mill and his famous dictum. © 2017 John Wiley & Sons Ltd.

Second law comparison of oxy-fuel combustion and post-combustion carbon dioxide separation

International Nuclear Information System (INIS)

Simpson, Adam P.; Simon, A.J.

2007-01-01

To define 2nd law efficiency targets for novel separation technologies, a simplified model of a power plant with two forms of CO 2 capture was developed. In this investigation, oxy-fuel combustion and post-combustion CO 2 separation were compared on an exergetic basis. Using exergy balances and black-box models of power plant components, multiple scenarios were run to determine the impact of plant configuration and separation unit efficiency on overall plant performance. Second law efficiency values from the literature were used to set the baseline performance of various CO 2 separation configurations. Assumed advances in 2nd law efficiency were used to determine the potential for overall system performance improvement. It was found that the 2nd law efficiency of air separation must reach a critical value before the thermodynamics of oxy-fuel combustion become favorable. Changes in operating equivalence ratio significantly move the tipping-point between post-combustion and oxy-fuel strategies

Poissonian renormalizations, exponentials, and power laws.

Science.gov (United States)

Eliazar, Iddo

2013-05-01

This paper presents a comprehensive "renormalization study" of Poisson processes governed by exponential and power-law intensities. These Poisson processes are of fundamental importance, as they constitute the very bedrock of the universal extreme-value laws of Gumbel, Fréchet, and Weibull. Applying the method of Poissonian renormalization we analyze the emergence of these Poisson processes, unveil their intrinsic dynamical structures, determine their domains of attraction, and characterize their structural phase transitions. These structural phase transitions are shown to be governed by uniform and harmonic intensities, to have universal domains of attraction, to uniquely display intrinsic invariance, and to be intimately connected to "white noise" and to "1/f noise." Thus, we establish a Poissonian explanation to the omnipresence of white and 1/f noises.

Law as a Medium of Reformation for Society (Sociological Research of the Prevailing of the Law No. 6 Year 2014 concerning the Village

Directory of Open Access Journals (Sweden)

I Gusti Bagus Suryawan

2015-04-01

Full Text Available Law No. 6 Year 2014 about the Village mentioned that, every village in all Indonesia territories gets fund allocation from the National Budget. This fund is used for the development which is village based. Total mentioned allocated fund is up to 10% from the balanced fund received by the Regency/City in National Budget after being reduced by the Special Allocation Fund. Theoretically this research has purpose to find out the role of the Village Law as a medium for reformation of the society. Mochtar Kusumaatmadja saw the changing of the attitude to legislation which shows the balance between the will to perform law reformation through legislation and the awareness to also give attention to the values and facts that is life in the society. The Village Law becomes the foundation and part of the reformation of mind setting, action setting of the village people. The Law about village is properly also as the instrument to develop the new village living which is autonomous, democratic and prosperous.

Comparative law as method and the method of comparative law

NARCIS (Netherlands)

Hage, J.C.; Adams, M.; Heirbaut, D.

2014-01-01

This article addresses both the justificatory role of comparative law within legal research (comparative law as method) and the method of comparative law itself. In this connection two questions will be answered: 1. Is comparative law a method, or a set of methods, for legal research? 2. Does

International Treaties Tax Law in Brazilian Law

Directory of Open Access Journals (Sweden)

Milena Zampieri Sellmann

2016-06-01

Full Text Available International agreements are the primary source of obligations internationally, whi- ch generate reflections in national law. They have been extremely used in tax harvest because they avoid double taxation and reduce tax burden in international trade. They are formal sources of tax law, which the legislature is expressly recognized in Article 96 of the National Tax Code to set the “tax legislation” expression. Article 98 of the Code determines the supremacy of international tax agreements over national law. Against the odds, international tax agreements do not revoke or modify the national legislation, just limit the effectiveness of national law incompatible with them, with supra-legal hierarchy and infra-constitution. They are above national law, either after or before it is created, and are below the Federal Constitution, so agreements incompatible with it should not be approved by Congress and, if so, they will be subject to declaration of unconstitutionality by the Supreme Court. It is a reporting case the international agreement’s unconstitutio- nality after it is celebrated.

The development of the international and national radiation protection law

International Nuclear Information System (INIS)

Bischof, W.

1978-01-01

The author reports in detail about the development of the international radiation protection law, gives a general survey of domestic legislation in the FRG and abroad and presents the individual problems of the radiation protection laws in a comparative way, such as radiation protection principles/dose limit values, licensing and monitoring regulations disposal of radioactive wastes, application of ionising rays and radioactive substances to men as well as protection from non-ionising radiation. (UN) [de

187 Learning for Transformation: Empowering the Nigerian Child ...

African Journals Online (AJOL)

Abstract. The search for a libertarian education; which emphasizes learners' empowerment and ... as an alternative to the traditional teaching method; to facilitate the libertarian ... perform or succeed in our modern competitive world. Thus, the.

CATEGORY OF CIRCUMVENTION OF THE LAW IN RUSSIAN CIVIL LAW

OpenAIRE

Kamyshanskiy V. P.

2014-01-01

This article examines the concept of "circumvention of the law" with respect to Treaty law. The author finds that the direct loan category "circumvention of the law" in Treaty law can be estimated ambiguously. The specified category which is fragmentary reflected in the active Civil codex indicates a regulatory gap

Soft law in public international law : a pragmatic or a principled choice?

NARCIS (Netherlands)

Brus, Marcel M.T.

2017-01-01

This paper discusses the role of soft law in international law, in particular in the field of sustainable development law. Soft law is often regarded as non-law. However this qualification increasingly does not match the realities of the development of international law in which many legally

Harmonization of Islamic Law in National Legal System A Comparative Study between Indonesian Law and Malaysian Law

Directory of Open Access Journals (Sweden)

Yeni Salma Barlinti

2011-01-01

Full Text Available This article compares Indonesian legal system and Malaysian legal system. The government legalized Islamic law in national legislateions, which are in effect for Muslim people. To facilitate dispute settlement, there is a religious court to solve Islamic dispute based on Islamic Law. The exsistence of Islamic law in Indonesia and Malaysia has similarity and differentiation. The similarities among others are: the Muslim-majority in both countries pushes the government to put Islamic law into force, Islamic law must be written into constitution or legislation. It is needed to have legal basis when performing Islamic law, the existence of religious court is very important in dispute settlement related to Islamic law. The Influence of western legal system is very strong in national legal system. Nevertheless, the western legal system differ substantially from Islamic legal system, and Islamic law was implemented limitedly based upon western legislation. It was limited to family law. While the differentiation are: the way of implementation of western legal system into national legal system and the form of legislation Indonesia has one legislation, which is in effect to all of Indonesian people. On the contrary, Malaysia has many enactments, which are different from one to another in each negeri.

A Rationality Standard for the First Amendment.

Science.gov (United States)

Rohrer, Daniel M.

This discussion summarizes the general principles that may be applied in determining the limits of free expression and proposes new criteria based on libertarian values. Among the general principles summarized are the bad-tendency test, the clear-and-present-danger test, the balancing test, the incitement test, and the hypothetical absolute test.…

Methodological principles to study formation and development of floristic law in Ukraine

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А. К. Соколова

2014-06-01

Full Text Available The paper investigates the problems associated with the determination of methods to study establishment of floristic law in Ukraine. It makes an investigation into the types of methods, establishes their interrelation and functional value. In addition, it analyzes the system of methodological reasons for development of ecological and floristic law and gives additional reasons.

Musical Tone Law Method for the Structural Damage Detection

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Weisong Yang

2017-01-01

Full Text Available Damage detection tests of inclined cables, steel pipes, spherical shells, and an actual cable-stayed bridge were conducted based on the proposed musical tone law method. The results show that the musical tone law method could be used in the damage detection of isotropic material structures with simple shape, like cables, pipes, plates, and shells. Having distinct spectral lines like a comb with a certain interval distribution rule is the main characteristic of the music tone law. Damage detection baseline could be established by quantizing the fitting relationship between modal orders and the corresponding frequency values. The main advantage of this method is that it could be used in the structural damage detection without vibration information of an intact structure as a reference.

Generalized Arcsine Laws for Fractional Brownian Motion.

Science.gov (United States)

Sadhu, Tridib; Delorme, Mathieu; Wiese, Kay Jörg

2018-01-26

The three arcsine laws for Brownian motion are a cornerstone of extreme-value statistics. For a Brownian B_{t} starting from the origin, and evolving during time T, one considers the following three observables: (i) the duration t_{+} the process is positive, (ii) the time t_{last} the process last visits the origin, and (iii) the time t_{max} when it achieves its maximum (or minimum). All three observables have the same cumulative probability distribution expressed as an arcsine function, thus the name arcsine laws. We show how these laws change for fractional Brownian motion X_{t}, a non-Markovian Gaussian process indexed by the Hurst exponent H. It generalizes standard Brownian motion (i.e., H=1/2). We obtain the three probabilities using a perturbative expansion in ϵ=H-1/2. While all three probabilities are different, this distinction can only be made at second order in ϵ. Our results are confirmed to high precision by extensive numerical simulations.

RUSSIAN LAW SUBJECTS

Directory of Open Access Journals (Sweden)

D.N. Bakhrakh

2006-03-01

Full Text Available The question about the subjects of law branches is concerning the number of most important and difficult in law science. Its right decision influences on the subject of law regulation, precise definition of addressees of law norms, the volume of their rights and duties, the limits of action of norms of Main part of the branch, its principles. Scientific investigations, dedicated to law subjects system, promote the development of recommendations for the legislative and law applying activity; they are needed for scientific work organization and student training, for preparing qualified lawyers.

China's Juvenile Delinquency Prevention Law: the law and the philosophy.

Science.gov (United States)

Lening Zhang; Jianhong Liu

2007-10-01

The present study introduces and discusses the Juvenile Delinquency Prevention Law of the People's Republic of China. The law was promulgated in the context of Chinese socioeconomic reforms and legal reforms in response to the rising delinquency since the early 1980s. The study explains the social and political background of the law with respect to the patterns of delinquency in China. The law has several main features that reflect the Chinese philosophical underpinnings of crime prevention and control, and the study discusses the connection between the law and the traditional Chinese philosophy and thinking. Finally, the study discusses the challenges to the enforcement of the law in Chinese society, which has lacked a legal tradition in its history.

Lindy's Law

Science.gov (United States)

Eliazar, Iddo

2017-11-01

Aging means that as things grow old their remaining expected lifetimes lessen. Either faster or slower, most of the things we encounter in our everyday lives age with time. However, there are things that do quite the opposite - they anti-age: as they grow old their remaining expected lifetimes increase rather than decrease. A quantitative formulation of anti-aging is given by the so-called ;Lindy's Law;. In this paper we explore Lindy's Law and its connections to Pareto's Law, to Zipf's Law, and to socioeconomic inequality.

Corporate Governance and the Value of Excess Cash Holdings of Large European Firms

NARCIS (Netherlands)

Schauten, M.B.J.; van Dijk, D.J.C.; van der Waal, J.P.

2013-01-01

We examine the relation between the quality of corporate governance and the value of excess cash for large publicly listed European firms from common-law and civil-law countries. Besides different law origins, we distinguish different dimensions of corporate governance by using ratings for the

The Optical-Mid-infrared Extinction Law of the l = 165° Sightline in the Galactic Plane: Diversity of the Extinction Law in the Diffuse Interstellar Medium

Science.gov (United States)

Wang, Shu; Jiang, B. W.; Zhao, He; Chen, Xiaodian; de Grijs, Richard

2017-10-01

Understanding the effects of dust extinction is important to properly interpret observations. The optical total-to-selective extinction ratio, {R}V={A}V/E(B-V), is widely used to describe extinction variations in ultraviolet and optical bands. Since the {R}V=3.1 extinction curve adequately represents the average extinction law of diffuse regions in the Milky Way, it is commonly used to correct observational measurements along sightlines toward diffuse regions in the interstellar medium. However, the {R}V value may vary even along different diffuse interstellar medium sightlines. In this paper, we investigate the optical-mid-infrared (mid-IR) extinction law toward a very diffuse region at l=165^\\circ in the Galactic plane, which was selected based on a CO emission map. Adopting red clump stars as extinction tracers, we determine the optical-mid-IR extinction law for our diffuse region in two APASS bands (B,V), three XSTPS-GAC bands (g,r,I), three 2MASS bands (J,H,{K}s), and two WISE bands (W1,W2). Specifically, 18 red clump stars were selected from the APOGEE-RC catalog based on spectroscopic data in order to explore the diversity of the extinction law. We find that the optical extinction curves exhibit appreciable diversity. The corresponding {R}V ranges from 1.7 to 3.8, while the mean {R}V value of 2.8 is consistent with the widely adopted average value of 3.1 for Galactic diffuse clouds. There is no apparent correlation between {R}V value and color excess E(B-V) in the range of interest, from 0.2 to 0.6 mag, or with specific visual extinction per kiloparsec, {A}V/d.

Recent publications on environmental law

International Nuclear Information System (INIS)

Lohse, S.

1991-01-01

The bibliography contains references to publications covering the following subject fields: General environmental law; environmental law in relation to constitutional law, administrative law, procedural law, revenue law, criminal law, private law, industrial law; law of regional development; nature conservation law; law on water protection; waste management law; law on protection against harmful effects on the environment; atomic energy law and radiation protection law; law of the power industry and the mining industry; laws and regulations on hazardous material and environmental hygiene. (orig.) [de

Many-valued logics

CERN Document Server

Bolc, Leonard

1992-01-01

Many-valued logics were developed as an attempt to handle philosophical doubts about the "law of excluded middle" in classical logic. The first many-valued formal systems were developed by J. Lukasiewicz in Poland and E.Post in the U.S.A. in the 1920s, and since then the field has expanded dramatically as the applicability of the systems to other philosophical and semantic problems was recognized. Intuitionisticlogic, for example, arose from deep problems in the foundations of mathematics. Fuzzy logics, approximation logics, and probability logics all address questions that classical logic alone cannot answer. All these interpretations of many-valued calculi motivate specific formal systems thatallow detailed mathematical treatment. In this volume, the authors are concerned with finite-valued logics, and especially with three-valued logical calculi. Matrix constructions, axiomatizations of propositional and predicate calculi, syntax, semantic structures, and methodology are discussed. Separate chapters deal w...

Changes of the value added tax in the tax-harmonization process with EC directives

Directory of Open Access Journals (Sweden)

Andrea Votavová

2005-01-01

Full Text Available The aim of this article is to bring near the topical process of the assimilation the Czech law of value added tax to the EC-directives. The attention will be paid to the development of the harmonization this law in 1993 – 2003 and I will describe and analyse the choice sections of the value added tax law (with the effective date from 1. 5. 2004. I will explain the changes by tax rates.

Recent publications on environmental law

International Nuclear Information System (INIS)

Lohse, S.

1988-01-01

The bibliography contains 1235 references to publications covering the following subject fields: general environmental law; environmental law in relation to constitutional law, administrative law, procedural law, revenue law, criminal law, private law, industrial law; law of regional development; nature conservation law; law on water protection; waste management law; law on protection against harmful effects on the environment; atomic energy law and radiation protection law; law of the power industry and the mining industry; laws and regulations on hazardous material and environmental hygiene. (HP) [de

Recent publications on environmental law

International Nuclear Information System (INIS)

Lohse, S.

1989-01-01

The bibliography contains 1160 references to publications covering the following subject fields: General environmental law; environmental law in relation to constitutional law, administrative law, procedural law, revenue law, criminal law, private law, industrial law; law of regional development; nature conservation law; law on water protection; waste management law; law on protection against harmful effects on the environment; atomic energy law and radiation protection law; law of the power industry and the mining industry; laws and regulations on hazardous material and environmental hygiene. (orig./HP) [de

Investigating Coulomb's Law.

Science.gov (United States)

Noll, Ellis; Koehlinger, Mervin; Kowalski, Ludwik; Swackhamer, Gregg

1998-01-01

Describes the use of a computer-linked camera to demonstrate Coulomb's law. Suggests a way of reducing the difficulties in presenting Coulomb's law by teaching the inverse square law of gravity and the inverse square law of electricity in the same unit. (AIM)

Recent Case Law

DEFF Research Database (Denmark)

Petz, Thomas; Sagaert, Vincent; Østergaard, Kim

2004-01-01

In this section authors from various European countries report the recent case law in their country on the field of private patrimonial law, that is decisions on the law of property, juridical acts, the law of obligations, contract law and prescription. The European Review of Private Law (ERPL......) started this section in 2003. The section aims to give our readers an overview of what is happening in the most recent European case law. We have asked the national reporters to report the juridical essence of the decisions given by the highest courts in their country. These national reports...... not relate the facts of the decision, nor the personal opinion of the reporter. One can find discussions on the most important decisions of European courts in ERPL’s case note section. The recent case law section gives overviews of decisions published in periods of four months. The period of January...

THE LAWYER`S OPINION IN MODERN CIVIL LAW

Directory of Open Access Journals (Sweden)

Elena Evgenyevna Dubovaya

2015-12-01

Full Text Available Purpose to define value of freedom and fight of opinions, views and lawyer’s positions in development of science of civil law.Methodology theoretical analysis, inductive and deductive methods.Results It is established that fight of opinions, collision of various positions allows to understand more deeply the discussed problem, to come nearer to truth. So, free expression of opinions is the engine of development of civil law.Practical implications introduction in educational process on disciplines of civil jurisprudence, further research of fight of opinions in civil law.Tendencies of the present stage of development of legal system are characterized by aspiration to fix in the Russian legal system of the beginning of private law, where at the head of a corner – people as a legal entity. Opinions of lawyers on various legal problems, and the attitudes towards these opinions are subject to considerable dynamics. The centuries-old history of development of the right showed that fight of opinions, collision of various positions allows to understand more deeply the discussed problem, to come nearer to truth. The modern civil law widely uses a method of comparative jurisprudence, studying experience of the civilized countries which promoted in development of the civil legislation.

Comprehensive decay law for emission of charged particles and ...

Indian Academy of Sciences (India)

2014-04-07

life; general decay law. ... data of ground-state transition of nuclei emitting particles with zero angular momentum. (l), experimental data of half-lives of outgoing particles including proton and α with l-dependent Q-values have ...

Kinematic feedback control laws for generating natural arm movements

International Nuclear Information System (INIS)

Kim, Donghyun; Jang, Cheongjae; Park, Frank C

2014-01-01

We propose a stochastic optimal feedback control law for generating natural robot arm motions. Our approach, inspired by the minimum variance principle of Harris and Wolpert (1998 Nature 394 780–4) and the optimal feedback control principles put forth by Todorov and Jordan (2002 Nature Neurosci. 5 1226–35) for explaining human movements, differs in two crucial respects: (i) the endpoint variance is minimized in joint space rather than Cartesian hand space, and (ii) we ignore the dynamics and instead consider only the second-order differential kinematics. The feedback control law generating the motions can be straightforwardly obtained by backward integration of a set of ordinary differential equations; these equations are obtained exactly, without any linear–quadratic approximations. The only parameters to be determined a priori are the variance scale factors, and for both the two-DOF planar arm and the seven-DOF spatial arm, a table of values is constructed based on the given initial and final arm configurations; these values are determined via an optimal fitting procedure, and consistent with existing findings about neuromuscular motor noise levels of human arm muscles. Experiments conducted with a two-link planar arm and a seven-DOF spatial arm verify that the trajectories generated by our feedback control law closely resemble human arm motions, in the sense of producing nearly straight-line hand trajectories, having bell-shaped velocity profiles, and satisfying Fitts Law. (paper)

INTERFERENCES OF THE ENVIRONMENTAL LAW WITH THE URBAN LAW

Directory of Open Access Journals (Sweden)

Elena IFTIME

2014-06-01

Full Text Available Addressing the large, complex issue of influences that urbanization can have on the environment, requires first of all, some general considerations on the interferences between the urban law and the environmental law. The urban law investigates and regulates the affecting and planning of the urban space. Therefore, this type of regulations are at the interference with the environmental law , which, inter alia , deals with the protection and conservation of the environment in the urban settlements, in the built space and also the ecological deployment of the activities in this space. The interaction between the two is becoming increasingly important especially when the urban law is increasingly correlated with the environmental protection, the natural space and the ecological activities.

EU Labour Law

DEFF Research Database (Denmark)

Nielsen, Ruth

The focus in this book is upon EU labour law and its interaction with national and international labour law. The book provides an analysis of the framework and sources of European labour law. It covers a number of substantive topics, notably collective labour law, individual employment contracts......, discrimination on grounds of sex and on other grounds, free movement of persons, restructuring of enterprises, working environment and enforcement of rights derived from EU labour law....

Identification performance of evidential value estimation for ridge-based biometrics

NARCIS (Netherlands)

Kotzerke, Johannes; Hao, Hao; Davis, Stephen A.; Hayes, Robert; Spreeuwers, Lieuwe Jan; Veldhuis, Raymond N.J.; Horadam, K.J.

2016-01-01

Law enforcement agencies around the world use ridge-based biometrics, especially fingerprints, to fight crime. Fingermarks that are left at a crime scene and identified as potentially having evidential value (EV) in a court of law are recorded for further forensic analysis. Here, we test our

Taxation of Income from Selling Property: Changes of New Income Tax Law Draft

Directory of Open Access Journals (Sweden)

Canatay HACIKÖYLÜ

2016-12-01

Full Text Available There are provisions in Income Tax Law No. 193 and Corporate Tax Law No. 5520 on the nature and taxation of income that real and legal persons acquire from real estate sales. There have been many changes in these provisions over time, but the changes made didnt meet the needs, and they distorted the systematic structure of the Laws. For these and similar reasons, the income tax law draft has been prepared based on Income Tax Law and Corporate Tax Law. With the draft, the Income Tax Law No. 193 and the Corporate Tax Law No. 5520 will be abolished. Draft is aimed to regulate the procedures and principles regarding the income tax on the income of real persons and institutions. In this study, the current situation and the regulations of the draft will be discussed. Moreover, It will be evaluate whether the regulations in the draft law are sufficient. Suggestions will be put forth to determine and declare the real value of the property in order to achieve the intended objectives in draft.

Assessing the concordance between illicit drug laws on the books and drug law enforcement: Comparison of three states on the continuum from "decriminalised" to "punitive".

Science.gov (United States)

Belackova, Vendula; Ritter, Alison; Shanahan, Marian; Hughes, Caitlin E

2017-03-01

Variations in drug laws, as well as variations in enforcement practice, exist across jurisdictions. This study explored the feasibility of categorising drug laws "on the books" in terms of their punitiveness, and the extent of their concordance with "laws in practice" in a cross-national comparison. "Law on the books", classified with respect to both cannabis and other drug offences in the Czech Republic, NSW (AU) and Florida (USA) were analysed in order to establish an ordinal relationship between the three states. Indicators to assess the "laws in practice" covered both police (arrests) and court (sentencing) activity between 2002 and 2013. Parametric and non-parametric tests of equality of means, tests of stationarity and correlation analysis were used to examine the concordance between the ordinal categorisation of "laws on the books" and "laws in practice", as well as trends over time. The Czech Republic had the most lenient drug laws; Florida had the most punitive and NSW was in-between. Examining the indicators of "laws in practice", we found that the population adjusted number of individuals sentenced to prison ranked across the three states was concordant with categorisation of "laws on the books", but the average sentence length and percentage of court cases sentenced to prison were not. Also, the de jure decriminalisation of drug possession in the Czech Republic yielded a far greater share of administrative offenses than the de facto decriminalisation of cannabis use / possession in NSW. Finally, the mean value of most "laws in practice" indicators changed significantly over time although the "laws on the books" didn't change. While some indicators of "laws in practice" were concordant with the ordinal categorisation of drug laws, several indicators of "laws in practice" appeared to operate independently from the drug laws as stated. This has significant implications for drug policy analysis and means that research should not assume they are

Hall magnetohydrodynamics: Conservation laws and Lyapunov stability

International Nuclear Information System (INIS)

Holm, D.D.

1987-01-01

Hall electric fields produce circulating mass flow in confined ideal-fluid plasmas. The conservation laws, Hamiltonian structure, equilibrium state relations, and Lyapunov stability conditions are presented here for ideal Hall magnetohydrodynamics (HMHD) in two and three dimensions. The approach here is to use the remarkable array of nonlinear conservation laws for HMHD that follow from its Hamiltonian structure in order to construct explicit Lyapunov functionals for the HMHD equilibrium states. In this way, the Lyapunov stability analysis provides classes of HMHD equilibria that are stable and whose linearized initial-value problems are well posed (in the sense of possessing continuous dependence on initial conditions). Several examples are discussed in both two and three dimensions

LAW OCRACY ELOPMENT LAW DEMOCRACY & DEVELOPMENT

African Journals Online (AJOL)

HP27975994114

head of traditional central government, the headman was the head of the ward, and the family head exercised leadership at family level.13 Accordingly, the nature of traditional governance in South Africa was that of an unspecialised legal system where the king or chief was creator of laws, the executor of laws and the judge ...

Hubble's Law Implies Benford's Law for Distances to Galaxies ...

Indian Academy of Sciences (India)

in both time and space, predicts that conformity to Benford's law will improve as more data on distances to galaxies becomes available. Con- versely, with the logical derivation of this law presented here, the recent empirical observations may beviewed as independent evidence of the validity of Hubble's law. Key words.

Democratic contract law

NARCIS (Netherlands)

Hesselink, M.W.

2015-01-01

This article discusses the normative relationship between contract law and democracy. In particular, it argues that in order to be legitimate contract law needs to have a democratic basis. Private law is not different in this respect from public law. Thus, the first claim made in this article will

Poissonian renormalizations, exponentials, and power laws

Science.gov (United States)

Eliazar, Iddo

2013-05-01

This paper presents a comprehensive “renormalization study” of Poisson processes governed by exponential and power-law intensities. These Poisson processes are of fundamental importance, as they constitute the very bedrock of the universal extreme-value laws of Gumbel, Fréchet, and Weibull. Applying the method of Poissonian renormalization we analyze the emergence of these Poisson processes, unveil their intrinsic dynamical structures, determine their domains of attraction, and characterize their structural phase transitions. These structural phase transitions are shown to be governed by uniform and harmonic intensities, to have universal domains of attraction, to uniquely display intrinsic invariance, and to be intimately connected to “white noise” and to “1/f noise.” Thus, we establish a Poissonian explanation to the omnipresence of white and 1/f noises.

Mixing politics and crime - The prevalence and decline of political discourse on the cryptomarket.

Science.gov (United States)

Munksgaard, Rasmus; Demant, Jakob

2016-09-01

Dread Pirate Roberts, founder of the first cryptomarket for illicit drugs named Silk Road, articulated libertarian political motives for his ventures. Previous research argues that there is a significant political component present or involved in cryptomarket drug dealing which is specifically libertarian. The aim of the paper is to investigate the prevalence of political discourses within discussions of cryptomarket drug dealing, and further to research the potential changes of these over the timespan of the study. We develop a novel operationalization of discourse analytic concepts which we combine with topic modelling enabling us to study how politics are articulated on cryptomarket forums. We apply the Structural Topic Model on a corpus extracted from crawls of cryptomarket forums encompassing posts dating from 2011 to 2015. The topics discussed on cryptomarket forums are primarily centered around the distribution of drugs including discussions of shipping and receiving, product advertisements, and reviews as well as aspects of drug consumption such as testing and consumption. However, on forums whose primary function is aiding operations on a black market, we still observe political matter. We identified one topic which expresses a libertarian discourse that emphasizes the individual's right to non-interference. Over time we observe an increasing prevalence of the libertarian discourse from 2011 to the end of 2013. In the end of 2013 - when Silk Road was seized - we observe an abrupt change in the prevalence of the libertarian discourse. The libertarian political discourse has historically been prevalent on cryptomarket forums. The closure of Silk Road has affected the prevalence of libertarian discourse suggesting that while the closure did not succeed in curtailing the cryptomarket economy, it dampened political sentiments. Copyright © 2016 Elsevier B.V. All rights reserved.

THE PARADOX OF POSITIVISTIC VIEW AND PROGRESSIVE LAW OF CRIMINAL LAW ENFORCEMENT IN INDONESIA

Directory of Open Access Journals (Sweden)

Krismiyarsi Krismiyarsi

2015-06-01

Full Text Available The paradox of positivistic view and progressive law in the criminal law enforcement happened because there is a difference among the law enforcement officer’s view and perception.  Our law education from the beginning until now still teaches the students the positivistic view so that after the students becoming law officers in running the law they still use positive law or positivistic view. The positivistic view is often far from the substantive justice and close to the formal justice. In order to functioning the progressive law in law enforcement especially the penal code constraint of positivistic view which rooted inside of the law enforcer’s mind, therefore it is need paradigm change by fixing the law system, law education, ethics and morality of law officers , and increasing religious consciousness.Keywords: paradox, law positivism, progressive law, criminal law enforcement

Post Rule of Law

DEFF Research Database (Denmark)

Carlson, Kerstin Bree

2016-01-01

The value of developing hybrid international criminal procedure (ICP) is that it is arguably inclusive (representing two major legal traditions) and distinct from any domestic system, thus creating a separate, sui generis realm for international criminal law (ICL) jurists to meet. Since its...... addresses the practice of hybridity in ICP, drawing examples from the construction and evolution of hybrid procedure at the International Criminal Tribunal for the Former Yugoslavia (ICTY), to argue that the hybridity practiced by international criminal tribunals renders them ‘post rule of law’ institutions...

NATIONAL PUBLIC LAW IS BACK, EUROPEAN LAW DISAPPEARS?

Directory of Open Access Journals (Sweden)

MARIUS VACARELU

2012-05-01

Full Text Available Analyzing the last two years main titles in daily press, we discover not only great economic problems inside the EU, but also big concerns about the future of EU, when a lot of states are victims of their public debt. For this big deficit, only national budget was good to help, at European level money are missing. In this idea, the concept: “EU with two speeds” really appears, and every government is forced today to have a position. But on this case, a good part of European laws are menaced by the national law coming back – it must be a legal system able to replace the holes, because every human situation must be regulated by a kind of law. In fact, last years discovered why a lot of political constructions are made only of “perfect papers”, not according with the reality. In this case, when integrationist plans are rejected by the reality, only the national states and the national public law are forced to intervene and to support the fury. Our text try to analyze where is the limit of EU law appliance in this case and how much national law will come back.

Kinetics of wealth and the Pareto law.

Science.gov (United States)

Boghosian, Bruce M

2014-04-01

An important class of economic models involve agents whose wealth changes due to transactions with other agents. Several authors have pointed out an analogy with kinetic theory, which describes molecules whose momentum and energy change due to interactions with other molecules. We pursue this analogy and derive a Boltzmann equation for the time evolution of the wealth distribution of a population of agents for the so-called Yard-Sale Model of wealth exchange. We examine the solutions to this equation by a combination of analytical and numerical methods and investigate its long-time limit. We study an important limit of this equation for small transaction sizes and derive a partial integrodifferential equation governing the evolution of the wealth distribution in a closed economy. We then describe how this model can be extended to include features such as inflation, production, and taxation. In particular, we show that the model with taxation exhibits the basic features of the Pareto law, namely, a lower cutoff to the wealth density at small values of wealth, and approximate power-law behavior at large values of wealth.

Rothbard's Confidential Memorandum to the Volker Fund, 'What Is To Be Done?'

Directory of Open Access Journals (Sweden)

Murray N. Rothbard

2009-01-01

Full Text Available The libertarian-individualist cause is at a critical crossroads. To have a successful revolution in the minds of men, we must learn from the Leninists what “revolutionaries” can do to advance their principles: nourish and increase the hard core with an “open center” and support specific political actions through auxiliary organizations, while avoiding “left-wing opportunism” and “right-wing sectarianism.” Historically, it was from the post-war libertarian outposts that FEE was able to build and galvanize such a hard core open center, with members even radicalizing one another. But FEE attempted to be more populist than scholarly, driving away scholars once they had “graduated.” The Volker Fund filled this gap to some extent; but has started to go the way of the Earheart foundation’s efforts—since the scholars selected were not radical enough to maintain an open center, the hard core has been weakening and dissolving. The libertarian cause should de-emphasize drastically popular fronts with the conservative right, it should nourish and construct the hardcore libertarian movement with some form or forms of nucleus or center, and it must emphasize libertarian scholars and intellectuals primarily.

Harmonising the Fragmented Law of Transport Through Soft Law?

NARCIS (Netherlands)

F.G.M. Smeele (Frank)

2016-01-01

textabstractThis contribution raises the question of whether it is possible to bridge the divide between the various unimodal regimes and to develop a general law of transport. It explores also the role that soft law, such as in the form of a project to draw up Principles of Transport Contract Law,

Law behind second law of thermodynamics - unification with cosmology

International Nuclear Information System (INIS)

Nielsen, Holger B.; Ninomiya, Masao

2006-01-01

In an abstract setting of a general classical mechanical system as a model for the universe we set up a general formalism for a law behind the second law of thermodynamics, i.e. really for 'initial conditions'. We propose a unification with the other laws by requiring similar symmetry and locality properties

The Optical/Near-infrared Extinction Law in Highly Reddened Regions

Science.gov (United States)

Hosek, Matthew W., Jr.; Lu, Jessica R.; Anderson, Jay; Do, Tuan; Schlafly, Edward F.; Ghez, Andrea M.; Clarkson, William I.; Morris, Mark R.; Albers, Saundra M.

2018-03-01

A precise extinction law is a critical input when interpreting observations of highly reddened sources such as young star clusters and the Galactic Center (GC). We use Hubble Space Telescope observations of a region of moderate extinction and a region of high extinction to measure the optical and near-infrared extinction law (0.8–2.2 μm). The moderate-extinction region is the young massive cluster Westerlund 1 (Wd1; A Ks ∼ 0.6 mag), where 453 proper-motion selected main-sequence stars are used to measure the shape of the extinction law. To quantify the shape, we define the parameter {{ \\mathcal S }}1/λ , which behaves similarly to a color-excess ratio, but is continuous as a function of wavelength. The high-extinction region is the GC (A Ks ∼ 2.5 mag), where 819 red clump stars are used to determine the normalization of the law. The best-fit extinction law is able to reproduce the Wd1 main-sequence colors, which previous laws misestimate by 10%–30%. The law is inconsistent with a single power law, even when only the near-infrared filters are considered, and has A F125W/A Ks and A F814W/A Ks values that are 18% and 24% higher than the commonly used Nishiyama et al. law, respectively. Using this law, we recalculate the Wd1 distance to be 3905 ± 422 pc from published observations of the eclipsing binary W13. This new extinction law should be used for highly reddened populations in the Milky Way, such as the Quintuplet cluster and Young Nuclear Cluster. A python code is provided to generate the law for future use.

Has the sanctity of life law 'gone too far'?: analysis of the sanctity of life doctrine and English case law shows that the sanctity of life law has not 'gone too far'.

Science.gov (United States)

Rabiu, Abdul-Rasheed; Sugand, Kapil

2014-02-22

The medical profession consistently strives to uphold patient empowerment, equality and safety. It is ironic that now, at a time where advances in technology and knowledge have given us an increased capacity to preserve and prolong life, we find ourselves increasingly asking questions about the value of the lives we are saving. A recent editorial by Professor Raanan Gillon questions the emphasis that English law places on the sanctity of life doctrine. In what was described by Reverend Nick Donnelly as a "manifesto for killing patients", Professor Gillon argues that the sanctity of life law has gone too far because of its disregard for distributive justice and an incompetent person's previously declared autonomy. This review begins by outlining the stance of the sanctity of life doctrine on decisions about administering, withholding and withdrawing life-prolonging treatment. Using this as a foundation for a rebuttal, a proposal is made that Professor Gillon's assertions do not take the following into account:1) A sanctity of life law does not exist since English Common Law infringes the sanctity doctrine by tolerating quality of life judgements and a doctor's intention to hasten death when withdrawing life-prolonging treatment.2) Even if a true sanctity of life law did exist:a) The sanctity of life doctrine allows for resource considerations in the wider analysis of benefits and burdens.b) The sanctity of life doctrine yields to a competent person's autonomous decision.This review attempts to demonstrate that at present, and with the legal precedent that restricts it, a sanctity of life law cannot go too far.

State aid in the EU law and national law

Directory of Open Access Journals (Sweden)

Divljak Drago

2011-01-01

Full Text Available Due to emphasized negative implications, state aid in contemporary law is more and more the subject of legal rules of supra-national and international law, and consequently it is more and more frequently the subject of national laws. The systems of state aid are based on the principle of general non-allowedness of state aid, which is relativised with wide exceptions and the form of allowed and conditionally allowed forms of state aid. In the EU law, a complex and differentiated system of legal regime on state aid is created aimed at preventing the Member States to protect or promote their companies at the expense or harm of competition within the EU. Compared to the regulations that refer to subsidies and that are created at the international level, within the WTO, these regulations are much more detailed and they cover a wide spectrum of different forms of state aid. National laws are accepting the EU concept as a novelty, which is valid in particular for countries in the process of the EU integrations. This has been done in our law as well by enacting of the Law on state aid control. This Law regulates general conditions for granting, granting control, and utilization of state assistance, with the essential objective to establish and provide for competitive market conditions and introduction of order in the field that has not been regulated previously. At the same time, this means a successful fulfillment of the obligations related to pre-accession harmonization of this field, which is a necessary pre-condition for accession of our country into this group of countries since the EU standards and requirements have been fully observed with the above-mentioned Law.

AN ANALYSIS OF THE SHAPES OF INTERSTELLAR EXTINCTION CURVES. VI. THE NEAR-IR EXTINCTION LAW

International Nuclear Information System (INIS)

Fitzpatrick, E. L.; Massa, D.

2009-01-01

We combine new observations from the Hubble Space Telescope's Advanced Camera of Survey with existing data to investigate the wavelength dependence of near-IR (NIR) extinction. Previous studies suggest a power law form for NIR extinction, with a 'universal' value of the exponent, although some recent observations indicate that significant sight line-to-sight line variability may exist. We show that a power-law model for the NIR extinction provides an excellent fit to most extinction curves, but that the value of the power, β, varies significantly from sight line to sight line. Therefore, it seems that a 'universal NIR extinction law' is not possible. Instead, we find that as β decreases, R(V) ≡ A(V)/E(B - V) tends to increase, suggesting that NIR extinction curves which have been considered 'peculiar' may, in fact, be typical for different R(V) values. We show that the power-law parameters can depend on the wavelength interval used to derive them, with the β increasing as longer wavelengths are included. This result implies that extrapolating power-law fits to determine R(V) is unreliable. To avoid this problem, we adopt a different functional form for NIR extinction. This new form mimics a power law whose exponent increases with wavelength, has only two free parameters, can fit all of our curves over a longer wavelength baseline and to higher precision, and produces R(V) values which are consistent with independent estimates and commonly used methods for estimating R(V). Furthermore, unlike the power-law model, it gives R(V)s that are independent of the wavelength interval used to derive them. It also suggests that the relation R(V) = -1.36 E(K-V)/(E(B-V)) - 0.79 can estimate R(V) to ±0.12. Finally, we use model extinction curves to show that our extinction curves are in accord with theoretical expectations, and demonstrate how large samples of observational quantities can provide useful constraints on the grain properties.

Law no. 111/1996 on the safe deployment of nuclear activities - A law central to the Romanian nuclear law system

International Nuclear Information System (INIS)

Chiripus, Vlad-Ionut

2004-01-01

Law no. 111/1996 on the safe deployment of nuclear activities was published in its original form in the Official Gazette of Romania, Part no. 267 of 29th October 1996. The complexity of this law prevents from performing a comprehensive analysis of the legal provisions thereof for which reason the author shall review only those aspects he consider to be relevant to the issues dealt with by this law. Furthermore, as the author intends his undertaking to be a comparative analysis of Law no. 111/1996 in its successive stages - from its issue till the present - he uses mostly the present tense even though the law has been amended and in some respects the changes are quite significant. The presentation contains the following three sections: 1. Passing of Law no. 111/1996 on the safe deployment of nuclear activities - a turning point in the development of the Romanian nuclear law; 2. The successive modifications of Law no. 111/1996 on safe deployment of nuclear activities; 3. Law no. 193/2003 for the modification and completion of Law no. 111/1996 on the safe deployment of nuclear activities - a key moment in the modernization of Romanian nuclear law and harmonization with the relevant international requirement. In conclusion, the issue of Law no. 111/1996 on safe deployment of nuclear activities represents a turning point in the development of Romanian nuclear law. From this moment on one may regard it as a modern area of the Romanian law, European in spirit. The pre-existent legal framework - namely the Law no. 61/1974 on the deployment of activities in the Romanian nuclear field - was no longer up to the existing standards and its replacement by a new, modern law, fully harmonized with the European and NATO accession requirements was a must. Such a new, European law was to fully guarantee the safe deployment of nuclear activities for exclusively peaceful purposes, so that the requirements regarding the nuclear safety, protection of professionally exposed personnel

Log-periodic self-similarity: an emerging financial law?

OpenAIRE

S. Drozdz; F. Grummer; F. Ruf; J. Speth

2002-01-01

A hypothesis that the financial log-periodicity, cascading self-similarity through various time scales, carries signatures of a law is pursued. It is shown that the most significant historical financial events can be classified amazingly well using a single and unique value of the preferred scaling factor lambda=2, which indicates that its real value should be close to this number. This applies even to a declining decelerating log-periodic phase. Crucial in this connection is identification o...

Law librarian use of google and its apps & features

CERN Document Server

2016-01-01

This 200+ page study present detailed data and commentary about how law librarians are using Google and its apps and features such as: Gmail, Google Scholar, Google Drive, Notifications, Alerts, Google Books, Google Maps, Chrome, Google Images, Google+, Hangouts, Calendar, Translate, Google Public Data Explorer and many other applications. The reports presents data on how valued each of these services are and who is using them, how much and with what impact. Google is a major productivity tool and its proper use enormously benefits law librarians who know best how to exploit its many free and relatively low cost features. This report quantifies and details their efforts. Data is broken out by many criteria such as type of law library, work title of librarian, and age, gender and compensation level of librarian, among others.

The Three Laws of Thought, Plus One: The Law of Comparisons

Directory of Open Access Journals (Sweden)

Thomas L. Saaty

2014-02-01

Full Text Available The rules of logic are nearly 2500 years old and date back to Plato and Aristotle who set down the three laws of thought: identity, non-contradiction, and excluded middle. The use of language and logic has been adequate for us to develop mathematics, prove theorems, and create scientific knowledge. However, the laws of thought are incomplete. We need to extend our logical system by adding to the very old laws of thought an essential yet poorly understood law. It is a necessary law of thought that resides in our biology even deeper than the other three laws. It is related to the rudiments of how we as living beings, and even nonliving things, respond to influences as stimuli. It helps us discriminate between being ourselves and sensing that there is something else that is not ourselves that even amoebas seem to know. It is the intrinsic ability to sense and distinguish. This fourth law is the law of comparisons. Although it has been missing from our logical deductions it underlies the other three laws of thought because without it we cannot know what is and what is not.

Scaling laws for fractional Brownian motion with power-law clock

International Nuclear Information System (INIS)

O'Malley, Daniel; Cushman, John H; Johnson, Graham

2011-01-01

We study the mean first passage time (MFPT) for fractional Brownian motion (fBm) in a finite interval with absorbing boundaries at each end. Analytical arguments are used to suggest a simple scaling law for the MFPT and numerical experiments are performed to verify its accuracy. The same approach is used to derive a scaling law for fBm with a power-law clock (fBm-plc). The MFPT scaling laws are employed to develop scaling laws for the finite-size Lyapunov exponent (FSLE) of fBm and fBm-plc. We apply these results to diffusion of a large polymer in a region with absorbing boundaries. (letter)

Economic Analysis of Criminal Law and Liberal Criminal Law: Confluences and Forks

Directory of Open Access Journals (Sweden)

Diego H. Goldman

2017-12-01

Full Text Available Not all economic analysis necessarily lead to a maximalist criminal law that threatens the fundamental rights, but on the contrary, can be found in economic science approaches perfectly compatible with the most liberal thought currents. This paper aims to make a critical study of economic theory usually associated with the Criminal EAL, its practical implications and its teleological budgets. Criticism will leave an openly liberal view, which defends the ideas and values that over the centuries have expressed such diverse thinkers as Adam Smith, Friedrich von Hayek, Robert Nozick or Juan Bautista Alberdi.

Tax Law System

Science.gov (United States)

Tsindeliani, Imeda A.

2016-01-01

The article deals with consideration of the actual theoretic problems of the subject and system of tax law in Russia. The theoretical approaches to determination of the nature of separate institutes of tax law are represented. The existence of pandect system intax law building as financial law sub-branch of Russia is substantiated. The goal of the…

Nuclear law and law of the sea - a synthesis

International Nuclear Information System (INIS)

Courteix, S.

1976-01-01

The general idea behind the work of the Paris Colloqium on Nuclear Law and Law of the Sea was that of an agreement and sometimes opposition between two specificities, that of the law of the maritime and, in particular, ocean environment, and that of the law of nuclear techniques. These relationships were studied notably in the perspective of the problems of transport of nuclear materials and their liability insurance, as well as from the viewpoint of the operation of nuclear powered ships. Another problem studied in this context is that of radioactive marine pollution. (N.E.A.) [fr

Mechanical Sensors and Plastic Syringes to Verify the Gas Laws without Neglecting Friction

Science.gov (United States)

Onorato, P.; Mascheretti, P.; De Ambrosis, A.

2010-01-01

Two experiments are proposed to study Boyle's law and the pressure law in a school laboratory. The peculiar feature of the experiments is that the value of the pressure and of the volume are obtained respectively by means of a force and a position sensor, thus allowing students to connect, in an experimental context, mechanics variables, such as…

Value Iteration Adaptive Dynamic Programming for Optimal Control of Discrete-Time Nonlinear Systems.

Science.gov (United States)

Wei, Qinglai; Liu, Derong; Lin, Hanquan

2016-03-01

In this paper, a value iteration adaptive dynamic programming (ADP) algorithm is developed to solve infinite horizon undiscounted optimal control problems for discrete-time nonlinear systems. The present value iteration ADP algorithm permits an arbitrary positive semi-definite function to initialize the algorithm. A novel convergence analysis is developed to guarantee that the iterative value function converges to the optimal performance index function. Initialized by different initial functions, it is proven that the iterative value function will be monotonically nonincreasing, monotonically nondecreasing, or nonmonotonic and will converge to the optimum. In this paper, for the first time, the admissibility properties of the iterative control laws are developed for value iteration algorithms. It is emphasized that new termination criteria are established to guarantee the effectiveness of the iterative control laws. Neural networks are used to approximate the iterative value function and compute the iterative control law, respectively, for facilitating the implementation of the iterative ADP algorithm. Finally, two simulation examples are given to illustrate the performance of the present method.

NUMERICALLY DETERMINED TRANSPORT LAWS FOR FINGERING ('THERMOHALINE') CONVECTION IN ASTROPHYSICS

International Nuclear Information System (INIS)

Traxler, A.; Garaud, P.; Stellmach, S.

2011-01-01

We present the first three-dimensional simulations of fingering convection performed at parameter values approaching those relevant for astrophysics. Our simulations reveal the existence of simple asymptotic scaling laws for turbulent heat and compositional transport, which can be straightforwardly extrapolated from our numerically tractable values to the true astrophysical regime. Our investigation also indicates that thermo-compositional 'staircases', a key consequence of fingering convection in the ocean, cannot form spontaneously in the fingering regime in stellar interiors. Our proposed empirically determined transport laws thus provide simple prescriptions for mixing by fingering convection in a variety of astrophysical situations, and should, from here on, be used preferentially over older and less accurate parameterizations. They also establish that fingering convection does not provide sufficient extra-mixing to explain observed chemical abundances in red giant branch stars.

Personal Establishment and Accomplishment of Public Service Values

Directory of Open Access Journals (Sweden)

Mirko PEČARIČ

2013-02-01

Full Text Available Public objectives are mostly developed within public administrations, which despite apparent Weberian rationality work mainly evolutionarily, i.e. by imitation of what already works in other areas and what randomly brings good results. The rule of law that is fundamental to the Western democratic order cannot work without morality and legal values. If we want workable values, we must understand them at their core, which is not the domain of law. The starting point is an individual who operates primarily on the basis of his personal characteristics regardless of all the present theories of the public administration. Entering into the unknown with full preparedness for the changes will be the motto of the future public administration. We are much closer to such a stance if we know how the public service values are really established and implemented.

Law Enforcement Locations

Data.gov (United States)

Kansas Data Access and Support Center — Law Enforcement Locations in Kansas Any location where sworn officers of a law enforcement agency are regularly based or stationed. Law enforcement agencies "are...

On the law of interaction between charged defects in ionic crystals

International Nuclear Information System (INIS)

Varaksin, A.N.; Kolmogorov, Yu.N.

1990-01-01

Values of E int PC (R 12 ) interaction energy between dominant defects in NaCl- and CaF 2 -type crystals are calculated using Mott-Littleton method in harmonic approximation. It is shown, that interaction between cationic and anionic vacancies in NaCl type crystals is described using Coulomb law for charge interaction in dielectric up till R 12 smallest distances between vacancies. Good conformity of E int PC R 12 values with calculation made using Coulomb formula should be expected for Frenkel anionic pair in CaF 2 type crystals. Deviations from Coulomb law are possible for other defects at R 12 small distances; deviation degree depends on lattice type, defect type and on relative polarizability of crystal cationic and anionic sublattices. Calculations of E int PC (R 12 ) values using Mott-Littleton method are compared with calculations conducted by MOLSTAT program using molecular static method

A Law of Physics in the Classroom: The Case of Ohm's Law

Science.gov (United States)

Kipnis, Nahum

2009-01-01

Difficulties in learning Ohm's Law suggest a need to refocus it from the law for a part of the circuit to the law for the whole circuit. Such a revision may improve understanding of Ohm's Law and its practical applications. This suggestion comes from an analysis of the history of the law's discovery and its teaching. The historical materials this…

Modular rate laws for enzymatic reactions: thermodynamics, elasticities and implementation.

Science.gov (United States)

Liebermeister, Wolfram; Uhlendorf, Jannis; Klipp, Edda

2010-06-15

Standard rate laws are a key requisite for systematically turning metabolic networks into kinetic models. They should provide simple, general and biochemically plausible formulae for reaction velocities and reaction elasticities. At the same time, they need to respect thermodynamic relations between the kinetic constants and the metabolic fluxes and concentrations. We present a family of reversible rate laws for reactions with arbitrary stoichiometries and various types of regulation, including mass-action, Michaelis-Menten and uni-uni reversible Hill kinetics as special cases. With a thermodynamically safe parameterization of these rate laws, parameter sets obtained by model fitting, sampling or optimization are guaranteed to lead to consistent chemical equilibrium states. A reformulation using saturation values yields simple formulae for rates and elasticities, which can be easily adjusted to the given stationary flux distributions. Furthermore, this formulation highlights the role of chemical potential differences as thermodynamic driving forces. We compare the modular rate laws to the thermodynamic-kinetic modelling formalism and discuss a simplified rate law in which the reaction rate directly depends on the reaction affinity. For automatic handling of modular rate laws, we propose a standard syntax and semantic annotations for the Systems Biology Markup Language. An online tool for inserting the rate laws into SBML models is freely available at www.semanticsbml.org. Supplementary data are available at Bioinformatics online.

Double Taxation Agreements: Between EU Law and Public International Law

OpenAIRE

Hofmann, Herwig

2011-01-01

After the first drafts of the Treaty of Lisbon were available outside of the small circle of cogniscenti, specialists of the various policies tried to establish whether the new Treaty on European Union (TEU) and Treaty on the Functioning of the European Union (TFEU) contained anything relevant for their specific areas of law. People interested in tax law and those interested in the relation between EU law and public international law quickly established that one familiar yet not always well u...

International health law : an emerging field of public international law

NARCIS (Netherlands)

Toebes, Brigit

This article discusses the nature and scope of international health law as an emerging field of public international law. It is argued that the protection of health reflects a pressing social need that should now be spoken of in the vocabulary of international law. Furthermore, there is an urgent

Black’s educational law and formal education in Brazil

Directory of Open Access Journals (Sweden)

Marco Antonio Bettine de Almeida

2016-08-01

Full Text Available This article is the result of seeking to investigate and understand the process of implementation of educational laws that act on black and black lives in the formal education process. Outlines this is the gap between the proclaimed and planned and reality. Thus, we understand that the laws studied here represent a movement of tension towards democratization of the curriculum and the school itself, because it allows less visible populations and valued in this institution and in their social practices are recognized in their stories, take voice, actively participate constant construction and reconstruction of school routine.

Renegotiating forensic cultures: between law, science and criminal justice.

Science.gov (United States)

Roberts, Paul

2013-03-01

This article challenges stereotypical conceptions of Law and Science as cultural opposites, arguing that English criminal trial practice is fundamentally congruent with modern science's basic epistemological assumptions, values and methods of inquiry. Although practical tensions undeniably exist, they are explicable-and may be neutralised-by paying closer attention to criminal adjudication's normative ideals and their institutional expression in familiar aspects of common law trial procedure, including evidentiary rules of admissibility, trial by jury, adversarial fact-finding, cross-examination and the ethical duties of expert witnesses. Effective partnerships between lawyers and forensic scientists are indispensable for integrating scientific evidence into criminal proceedings, and must be renegotiated between individual practitioners on an on-going basis. Fruitful interdisciplinary collaboration between scholars with a shared interest in forensic science should dispense with reductive cultural stereotypes of Science and Law. Copyright © 2013. Published by Elsevier Ltd.

Effects of surveillance on the rule of law, due process and the presumption of innocence

NARCIS (Netherlands)

Galetta, Antonella; de Hert, Paul; Wright, D.; Kreissl, R.

2015-01-01

This contribution focuses on the impact of surveillance on the rule of law, due process and the presumption of innocence, key values and principles of a democratic order. It illustrates how they are implemented and enforced in contemporary surveillance societies, while referring to European law and

Common Aims, Values And Principles Of Intellectual Property, Right To Competence And Others Rights

Directory of Open Access Journals (Sweden)

Juan Carlos Riofrío Martínez-Villalba

2013-01-01

Full Text Available This paper aims the definition of which are the pourposes, values and common principles of intellectual property, competence law of advertising, consumer and information. It shows how the principles are anchored in values, and these in turn into rights purposes, making palpable the hierarchy such purposes, values ​​and principles have in the legal system. Thus, the outcome of the research is threefold: (i definition of the purposes, values ​​and principles common to these areas of law, (ii its interface, and (iii their ranking.

Tilsynsdiamanten i spændingsfeltet mellem soft law og hard law

DEFF Research Database (Denmark)

Rasmussen, Niels Skovmand

2013-01-01

Artiklen behandler de retskildemæssige spørgsmål, som Tilsynsdiamanten udstedt af Finanstilsynet giver anledning til. Dette sker på baggrund af forskellige teorier omkring soft law og hard law.......Artiklen behandler de retskildemæssige spørgsmål, som Tilsynsdiamanten udstedt af Finanstilsynet giver anledning til. Dette sker på baggrund af forskellige teorier omkring soft law og hard law....

Extremal dependencies and rank correlations in power law networks

NARCIS (Netherlands)

Volkovich, Y.; Litvak, Nelli; Zwart, B.; Jie, Z.

2009-01-01

We analyze dependencies in complex networks characterized by power laws (Web sample, Wikipedia sample and a preferential attachment graph) using statistical techniques from the extreme value theory and the theory of multivariate regular variation. To the best of our knowledge, this is the first

Administrative prejudgment in the Russian criminal law

Directory of Open Access Journals (Sweden)

Akhat Akhnafovich Yunusov

2015-03-01

Full Text Available Objective basing on the research of formation and development of the administrative prejudgment in the Russian criminal law and comparativelegal analysis of this institution as well as the longterm experience in crime investigation to trace the problems and trends of administrative prejudgment and prove the necessity to introduce or to be more precise legalize the administrative prejudgment in the Russian criminal law. Methods the research is based on the general dialectic method of cognition comparative historical formaljuridical methods as well as special and privatelegal methods of research. Results analysis of the main problems and collisions of administrative prejudgment in the Russian criminal law the doctrine and the practice of implementation of this institution can become the basis for legalization of the administrative prejudgment in the Russian criminal law and implementing it for the crimes stipulated in the Special part of the Russian Criminal Code if they are of low or middle gravity and committed intentionally those most often occurred. The article studies the institution of the administrative prejudgment in the Russian criminal law since 1922 until present. Various researchersrsquo opinions are given for and against returning of this institution. Taking into account the criminological indicators the authors express their own opinion on legalization of the administrative prejudgment. Scientific novelty having abandoned the formal approach to the institution of the administrative prejudgment both in the Russian criminal law and in the foreign laws the authors believe that the criminal personality should be the central factor of the administrative prejudgment legalization. In this context the authors state the direct connection between the personal features of a criminal including their inclination to immoral and illegal behavior and the crime committed by them. Practical value the theoretical conclusions formulated in the research

The definition of the sources of the criminal law

Directory of Open Access Journals (Sweden)

Анна Суренівна Сохікян

2016-01-01

power law. Thus, the sources of criminal law, depending on various criteria (for example, form and content can be viewed from different sides. However, we propose to consider the sources of criminal law only formal-legal. Conclusions of the research. The form of law is multi-faceted, multi-level and multi-valued, not existing in isolation. It is not based on the content of the phenomenon. Formality in criminal law is manifested in the enactment of criminal law norms in normative legal acts. The analyzed aspect I would like to pay special attention to the confluence of the sources of criminal law and its forms, that is, formal-legal aspect. Not coincidentally, all of the above sources exist in the legal system in the form of legal acts. Therefore, the shape of the sources of criminal law must be textually reflect the standards enshrined in legal act. In addition to the form and content, plays an important entity that establishes a particular norm as criminal law. So, legal effectiveness and social significance of each source of law depends on what place in the state authorities took the body. Regarding the sources of criminal law, I would like to mention that only certain bodies have the authority to create relevant normative-legal acts, to amend and repeal the last. Thus, the Verkhovna Rada ofUkraineis able to influence the criminal legislation ofUkraine, with changes. Based on the foregoing, the people's deputies ofUkrainehave the right to submit draft laws on amending the criminal law.

Law before Gratian: Law in Western Europe c. 500-1100

DEFF Research Database (Denmark)

This volume, the third in the series, contains the proceedings of the conference 'Law before Gratian' and covers a wide range of topics from individual and local studies to broader reflections on the status and function of law in medieval European societies before the scholastic legal 'revolution......' of the later twelfth century. Seeking to broaden our view of what constituted law in this period, the articles examine these earlier developments in their own right and provide new insights into the variety and complexity of early and high medieval approaches to law and jurisprudence. Contributors...

Sources of Law: Approach in the Light of Disciplinary Process Right

Directory of Open Access Journals (Sweden)

Alexandre dos Santos Lopes

2016-10-01

Full Text Available This article aims to analyze the sources of law that has an correlation with the disciplinary procedural law, especially when you realize the reverberation of principles inflows and axiological values arising from the constitution that procedural species. Calls that outline the sources  of  law  that  are  related  to  this  kind  of  administrative  process,  translates  into significant challenge, insofar as its structure, especially in the new constitutional order (post- positivist allows, starting from the look and constitutional filter, define more precisely the height, feature and densification in the context of the Brazilian legal system, enabling better framing of disciplinary procedural legal relationship.

The South African constitutional Court and the Rule of Law: The ...

African Journals Online (AJOL)

The rule of law as a foundational constitutional value constrains the exercise of public power but the precise limits of the constraints it sets are not well defined. In Masethla v President of the Republic of South Africa,1 the majority of the Constitutional Court opted for an interpretation of this value that frees the President from ...

Pollution law

International Nuclear Information System (INIS)

Triffterer, O.

1980-01-01

In the draft proposed by the legal advisory board the law for the controlling of environmental criminality was promulgated on 28th March 1980. The present commentary therefore - as seen from the results - corresponds in essential to the original assessment of the governmental draft. However, an introduction into the problems of environmental law precedes this commentary for the better unterstanding of all those not acquainted with pollution law and the whole legal matter. (orig./HP) [de

THE LAW ON EDUCATION OF 2012 AND DEVELOPMENT OF EDUCATIONAL LAW IN RUSSIA

OpenAIRE

KOZYRIN A.N.; TROSHKINA TATYANA

2017-01-01

In September 2013 Russia enacted a new law on education which introduced significant changes into the system of sources for Russian educational law. This article analyses the provisions of the education law that pertain to sources of educational law in the Russian Federation, the relationship between different levels of normative and legal regulation, including: international, national (federal laws and by-laws, legal regulation of relations in education at the regional and municipal levels i...

Law and the Novel: D.H. Lawrence and Robert Musil

OpenAIRE

Bell, Michael

2014-01-01

How strange that despite the thousands of times I must have read or written the name “Lawrence” I had never till now noticed that it contains, and indeed commences, with the capitalised word Law. The presence of law, at once asserted and unnoticed, has an ironically iconic value within a name which is itself iconic of a view of life, and of literature. For Lawrence, along with Blake and Nietzsche, is above all one of the great antinomians. But the invoking of all these names immediately sugge...

The criminal law responsibility of officials under environmental criminal law

International Nuclear Information System (INIS)

Winkelbauer, W.

1986-01-01

The legal application of environmental criminal law has attributed to office-bearers of the environmental administration a determining function in the field of criminal protection of legal objects. Criminal law shall prevent the misuse of official authority. In this connection law has to observe the limits of admissible procedure of the administration. (CW) [de

Unjust enrichment in business law

OpenAIRE

Vydrová, Zuzana

2016-01-01

This thesis analyses the concept of unjust enrichment under the business law. First of all the thesis explains the term of business law. Business law is a complex of legal rules concerning the contractual relationships between entrepreneurs arising from their business activities. Business law is a comprehensive field of law which extends into many other fields of law, both private and public law. Equally the regulation of unjust enrichment within the business law expands into many other laws ...

Overcoming the hard law/soft law dichotomy in times of (financial crises

Directory of Open Access Journals (Sweden)

Rolf H. Weber

2012-03-01

Full Text Available Traditional legal doctrine calls for hard law to regulate markets. Nevertheless, in financial markets, soft law has a long tradition, not at least due to the lack of multilateral agreements in this field. On the one hand, the recent financial crisis has shown that soft law does not suffice to avoid detrimental developments; on the other hand, a straight call for hard law would not be able to manage the recognized regulatory weaknesses. Therefore, emphasis should be put on the possibilities of combining hard law and soft law; specific areas allowing realizing such kind of “combination” are organizational issues, transparency requirements, and dispute settlement mechanisms.

The law applicable to environmental damage in European private international law

Directory of Open Access Journals (Sweden)

Đundić Petar

2013-01-01

Full Text Available The paper contains an analysis of choice of law rules in the field of non-contractual liability for damage caused to environment in national legislations of European countries as well as in Private International Law of the European Union. Before the adoption of Regulation of the European Parliament and of the Council on the law applicable to non-contractual obligations (Rome II, special choice of law rules for environmental torts existed in a small number of European national legal orders. This is the fact that gives the rule contained in Article 7 of the Rome II Regulation a particular importance. From the Serbian Private International Law perspective, the significance of that provision is highlighted by the fact that the working draft of the new Serbian Private International Law Act has strictly followed the choice of law rule envisaged by the European legislator for environmental damage. For that reason, a significant part of the paper is dedicated to analysis of said rule, to its interpretation and potential problems which its application could create.

Stochastic control and the second law of thermodynamics

Science.gov (United States)

Brockett, R. W.; Willems, J. C.

1979-01-01

The second law of thermodynamics is studied from the point of view of stochastic control theory. We find that the feedback control laws which are of interest are those which depend only on average values, and not on sample path behavior. We are lead to a criterion which, when satisfied, permits one to assign a temperature to a stochastic system in such a way as to have Carnot cycles be the optimal trajectories of optimal control problems. Entropy is also defined and we are able to prove an equipartition of energy theorem using this definition of temperature. Our formulation allows one to treat irreversibility in a quite natural and completely precise way.

UNCLOS and International Law

DEFF Research Database (Denmark)

Martinez Romera, Beatriz; Coelho, Nelson F.

2018-01-01

, treaty law is only one of many sources of the law that governs international relations, the others being customary international law and principles of law. The main conclusion of this chapter is that states may have to wake up to the limitations of the UNCLOS and that this will require understanding...... the relative role of this treaty among other sources of international law....

The French nuclear law

International Nuclear Information System (INIS)

Ito, Hiroshi

2013-01-01

The nuclear law had been out of the environmental law. The act on the transparency and the security of the nuclear matter was enacted in 2006 and set in the code of the environment in 2012. It means that the nuclear law is part of the environmental law and that it is advanced. I will report the French nuclear law. (author)

VALIDATION OF THE DERIVED LAW NORM IN THE EUROPEAN AND INTERNATIONAL LAW

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Alina Leția

2013-11-01

Full Text Available Throughout realizing the study we analyzed the validity of the European law norm resulting from the derived sources of law with obligatory force (regulations, decisions and directives in connection with the European law norm, the national law norm and the general principles of law considering the jurisprudence of the European Court of Justice and the supremacy of the European Union law also over national constitutions. Thus the European Union represents a new law order, having as subjects not only states member, but also the nationals of these states, who benefit of rights that can be appealed before national courts against public organisms or other private persons and obligations. Therefore, the European Court of Justice has successively imposed the direct applicability of community norms, continuing with the priority of these norms so that in the end the principle of the supremacy of the European law has been adopted. The European norm has to be respected and interpreted in a uniform manner in all states member, considering the fact that the supremacy of the European law over the national law is seen as a sine qua non of the integration, but also a fundamental principle of the Union. National courts guarantee the supremacy of the European norm and its unitary application – aspects analyzed in this study- through the procedure of preliminary decisions.

Model-Checking of Linear-Time Properties in Multi-Valued Systems

OpenAIRE

Li, Yongming; Droste, Manfred; Lei, Lihui

2012-01-01

In this paper, we study model-checking of linear-time properties in multi-valued systems. Safety property, invariant property, liveness property, persistence and dual-persistence properties in multi-valued logic systems are introduced. Some algorithms related to the above multi-valued linear-time properties are discussed. The verification of multi-valued regular safety properties and multi-valued $\\omega$-regular properties using lattice-valued automata are thoroughly studied. Since the law o...

Place Of Canon Law Of The Russian Empire In The System Io Humanitarian

Directory of Open Access Journals (Sweden)

Alexandra A. Dorskaya

2014-12-01

Full Text Available In the present article author examines place of canon law in the system of humanitarian sciences in the Russian Empire at the end of XVIII - early XX centuries. Author reveals interaction of canon law with philosophy, philology, jurisprudence. In particular, author shows influence of various philosophical schools on the development of the canon law science, value of foreign researches translation for the development of national science of canon law starting from the end of the XVIII century. It is found that all researchers in the field of canon law had special scientific works on philosophy. Interference of cannon law and theological science – dogmatic theology, moral theology, liturgy, church geography, chronology, statistics, history, archeology, pastoral theology is considered. In the article works of leading specialists in the field of canon law the second half of XIX - early XX centuries that were left as a significant legacy after the Archimandrite Gabriel, I.S. Berdnikova, N.A. Zaozerskii, I.M. Skvortsov and others are analyzed. In conclusion author shows complexity and urgency of the problem in the process of church (canon law study at the present stage, when there is some struggle between the secular and religious science.

Morality and Values in Support of Universal Healthcare Must be Enshrined in Law; Comment on “Morality and Markets in the NHS”

Directory of Open Access Journals (Sweden)

Allyson M Pollock

2015-06-01

Full Text Available This is a commentary on Gilbert and colleagues’ (1 paper on morality and markets in the National Health Service (NHS. Morality and values are not ephemeral qualities and universal healthcare is not simply an aspiration; it has to be enshrined in law. The creation of the UK NHS in 1948 was underpinned by core legal duties which required a system of public funding and delivery to follow. The moral values of the citizens in support of social solidarity were thus transformed into a political and legal contract for citizens. The NHS still survives in Scotland, Wales and Northern Ireland but the coalition government abolished it in England in 2012, reducing the NHS to a funding stream, a logo and a set of market regulators. This paper describes and explains the Health and Social Care (HSC Act 2012 in England and how the NHS is withering away and health services are being remodeled along US Health Maintenance Organization (HMO lines. There was nothing moral about this extraordinary act of savagery and violence against the public in England, and against common values and widely held beliefs in public ownership funding and provision of universal healthcare. The public health consequences will be catastrophic which is why after the election on May seventh a new Bill is required to Reinstate the NHS and the Secretary of State’s legal duty to provide listed health services throughout England.

Ohm's Law, Kirchoff's Law and the Drunkard's Walk

Indian Academy of Sciences (India)

Home; Journals; Resonance – Journal of Science Education; Volume 2; Issue 11. Ohm's Law, Kirchoff's Law and the Drunkard's Walk Related Electrical Networks. Rahul Roy. General Article Volume 2 Issue 11 November 1997 pp 36-47. Fulltext. Click here to view fulltext PDF. Permanent link:

Transnational Constitutional Law

NARCIS (Netherlands)

Zumbansen, P (Peer); K.I. Bhatt (Kinnari)

2018-01-01

textabstractThis chapter provides an overview of the emerging field of transnational constitutional law (TCL). Whilst questions of constitutional law are typically discussed in the context of a specific domestic legal setting, a salient strategy of TCL is to understand constitutional law and its

LAW DEMOCRACY & DEVELOPMENT

African Journals Online (AJOL)

HP27975994114

is still on the increase.8 It is forecast that the world will face a 40 per cent .... the legal context entails.27 Renowned property law scholars, like Underkuffler, argue ..... operation of law.53 The classic examples of Roman law res publicae were ...

Building on mental health training for law enforcement: strengthening community partnerships.

Science.gov (United States)

Campbell, Jorien; Ahalt, Cyrus; Hagar, Randall; Arroyo, William

2017-09-11

Purpose The purpose of this paper is to describe the current state of law enforcement training related to the high number of interactions with persons with mental illness, and to recommend next steps in preparing law enforcement to effectively meet this challenge. Design/methodology/approach The authors reviewed the current literature on relevant law enforcement training programs, focusing primarily on crisis intervention team (CIT) training, and used the case example of California to identify opportunities to improve and enhance law enforcement preparedness for the challenge of responding to persons with mental illness. Findings Broad-based community partnerships working together to develop programs that meet the local needs of both those with mental illness and law enforcement, the availability of mental health treatment centers with no-refusal policies, and a coordinating person or agency to effectively liaise among stakeholders are critical enhancements to CIT training. Originality/value As increasing attention is paid to adverse interactions between police and vulnerable populations, this paper identifies policies that would build on existing training programs to improve police responses to persons with mental illness.

To nudge or not to nudge

DEFF Research Database (Denmark)

Ploug, Thomas; Holm, Søren; Brodersen, John

2012-01-01

’. The basic tenet of ‘libertarian paternalism’ is outlined and the relationship between ‘libertarian paternalism’ and informed consent investigated. Key elements in the process of enrolling women into the Danish mammography screening programme are introduced. It is shown that for several reasons the influence...

The sources of the specificity of nuclear law and environmental law

International Nuclear Information System (INIS)

Rainaud, J.M.; Cristini, R.

1983-01-01

This paper analyses the sources of the specificity of nuclear law and its relationship with environmental law as well as with ordinary law. The characteristics of nuclear law are summarized thus: recent discovery of the atom's uses and mandatory protection against its effects; internationalization of its use, leading to a limitation of national authorities competence. Several international treaties are cited (Antarctic Treaty, NPT, London Dumping Convention etc.) showing the link between radiation protection and the environment. (NEA) [fr

Laws of trigonometry on SU(3)

International Nuclear Information System (INIS)

Aslaksen, H.

1988-01-01

In this paper we will study triangles in SU(3). The orbit space of congruence classes of triangles in SU(3) has dimension 8. Each corner is made up of a pair of tangent vectors (X,Y), and we consider the 8 functions trX 2 , i trX 3 , trY 2 , i trY 3 , trXY, i trY 2 Y, i trXY 2 , trX 2 Y 2 which are invariant under the full isometry group of SU(3). We show that these 8 corner invariants determine the isometry class of the triangle. We give relations (laws of trigonometry) between the invariants at the different corners, enabling us to determine the invariants at the remaining corners, including the values of the remaining side and angles, if we know one set of corner invariants. The invariants that only depend on one tangent vector we will call side invariants, while those that depend on two tangent vectors will be called angular invariants. For each triangle we then have 6 side invariants and 12 angular invariants. Hence we need 18 - 8 = 10 laws of trigonometry. The basic tool for deriving these laws is a formula expressing tr(exp X exp Y) in terms of the corner invariants

The Incorporation of Public International Law into Municipal Law and Regional Law against the Background of the Dichotomy between Monism and Dualism

Directory of Open Access Journals (Sweden)

Gerrit Ferreira

2014-11-01

Full Text Available Monism and dualism represent two different approaches towards the relationship between public international law and municipal law. While the former views public international law and municipal law as a single legal system, the latter regards these two areas of law as separate and distinct legal systems that exist alongside each other. However, not all legal systems are clearly either monist or dualist. The dichotomy between monism and dualism no longer only concerns the relationship between public international law and municipal law, but also increasingly affects the relationship between public international law and regional law. This contribution discusses the application of the monist and dualist approaches by the South African Constitutional Court in the Glenister case and the European Court of Justice in the Kadi and Hungary cases in order to illustrate the practical application of the dichotomy between monism and dualism in a municipal system and on a regional level.

View points on a not well known law, the nuclear law

International Nuclear Information System (INIS)

Arbousset, Herve; Lahorgue, Marie-Beatrice; Rambour, Muriel; Schellenberger, Thomas

2018-01-01

While indicating the relevant French decrees and laws which have been building up what can be called the nuclear law, this article first proposes a discussed overview of the evolution of this law between a decree published in 1963 and the law on energy transition, while noticing what went in the USA in this respect. Based on the example of the project of geological storage of nuclear wastes, the authors outline that this nuclear law is evolving out of standards as it is evolves in order to fit with the project, and not the other way. Therefore democratic anchoring is rather fragile. The author outlines the influence of new threats related to terrorism and their influence on the nuclear law. They also comment the issue of compensation for victims of French nuclear tests in Algeria and in French Polynesia, and notice that hope has been followed by disillusion and questions

Laws on Robots, Laws by Robots, Laws in Robots : Regulating Robot Behaviour by Design

NARCIS (Netherlands)

Leenes, R.E.; Lucivero, F.

2015-01-01

Speculation about robot morality is almost as old as the concept of a robot itself. Asimov’s three laws of robotics provide an early and well-discussed example of moral rules robots should observe. Despite the widespread influence of the three laws of robotics and their role in shaping visions of

Outlines of environmental Law

International Nuclear Information System (INIS)

Salzwedel, J.

1982-01-01

In this omnibus, ten members of the working group for environmental law attempt to present the respective fields of environmental law in a consistent context, and to show the autonomy of each subject-matter as well as their interdependence and interrelationships. In the long run, the complexity of basic facts of natural science, technology and that of practical execution will require subject-specific penetration and application. Relationships between systems have to be realized to an increasing extent. Structures of law and administration have to be harmonized, and statements on the environmental impact of projects have to be made possible on the whole. Fundamental issues of environmental law are dealt with in the chapters entitled 'Concept and levels of applications of environmental law' and 'Environmental law in general'. The international, supranational and constitutional conditions given in advance of any environmental legislation increasingly gaining in importance are presented in the chapter on 'International environmental law', 'Basics of European Law' and on 'Constitutional Fundamentals'. The necessity of interdisciplinary cooperation becomes evident in those contributions concerning individual fields of environmental law. (orig./HSCH) [de

Economics of mining law

Science.gov (United States)

Long, K.R.

1995-01-01

Modern mining law, by facilitating socially and environmentally acceptable exploration, development, and production of mineral materials, helps secure the benefits of mineral production while minimizing environmental harm and accounting for increasing land-use competition. Mining investments are sunk costs, irreversibly tied to a particular mineral site, and require many years to recoup. Providing security of tenure is the most critical element of a practical mining law. Governments owning mineral rights have a conflict of interest between their roles as a profit-maximizing landowner and as a guardian of public welfare. As a monopoly supplier, governments have considerable power to manipulate mineral-rights markets. To avoid monopoly rent-seeking by governments, a competitive market for government-owned mineral rights must be created by artifice. What mining firms will pay for mineral rights depends on expected exploration success and extraction costs. Landowners and mining firms will negotlate respective shares of anticipated differential rents, usually allowing for some form of risk sharing. Private landowners do not normally account for external benefits or costs of minerals use. Government ownership of mineral rights allows for direct accounting of social prices for mineral-bearing lands and external costs. An equitable and efficient method is to charge an appropriate reservation price for surface land use, net of the value of land after reclamation, and to recover all or part of differential rents through a flat income or resource-rent tax. The traditional royalty on gross value of production, essentially a regressive income tax, cannot recover as much rent as a flat income tax, causes arbitrary mineral-reserve sterilization, and creates a bias toward development on the extensive margin where marginal environmental costs are higher. Mitigating environmental costs and resolving land-use conflicts require local evaluation and planning. National oversight ensures

European tax law

NARCIS (Netherlands)

Terra, B.J.M.; Wattel, P.J.

2008-01-01

This book is intended as a reference book for tax law and EC law pratitioners, tax administrators, academics, the judiciary and tax or Community law policy makers. For students, an abridged student edition textbook is available. The book offers a systematic survey of the tax implications of the EC

Constraints on cosmological parameters in power-law cosmology

International Nuclear Information System (INIS)

Rani, Sarita; Singh, J.K.; Altaibayeva, A.; Myrzakulov, R.; Shahalam, M.

2015-01-01

In this paper, we examine observational constraints on the power law cosmology; essentially dependent on two parameters H 0 (Hubble constant) and q (deceleration parameter). We investigate the constraints on these parameters using the latest 28 points of H(z) data and 580 points of Union2.1 compilation data and, compare the results with the results of ΛCDM . We also forecast constraints using a simulated data set for the future JDEM, supernovae survey. Our studies give better insight into power law cosmology than the earlier done analysis by Kumar [arXiv:1109.6924] indicating it tuning well with Union2.1 compilation data but not with H(z) data. However, the constraints obtained on and i.e. H 0 average and q average using the simulated data set for the future JDEM, supernovae survey are found to be inconsistent with the values obtained from the H(z) and Union2.1 compilation data. We also perform the statefinder analysis and find that the power-law cosmological models approach the standard ΛCDM model as q → −1. Finally, we observe that although the power law cosmology explains several prominent features of evolution of the Universe, it fails in details

The Evolution of the Exponent of Zipf's Law in Language Ontogeny

Science.gov (United States)

Baixeries, Jaume; Elvevåg, Brita; Ferrer-i-Cancho, Ramon

2013-01-01

It is well-known that word frequencies arrange themselves according to Zipf's law. However, little is known about the dependency of the parameters of the law and the complexity of a communication system. Many models of the evolution of language assume that the exponent of the law remains constant as the complexity of a communication systems increases. Using longitudinal studies of child language, we analysed the word rank distribution for the speech of children and adults participating in conversations. The adults typically included family members (e.g., parents) or the investigators conducting the research. Our analysis of the evolution of Zipf's law yields two main unexpected results. First, in children the exponent of the law tends to decrease over time while this tendency is weaker in adults, thus suggesting this is not a mere mirror effect of adult speech. Second, although the exponent of the law is more stable in adults, their exponents fall below 1 which is the typical value of the exponent assumed in both children and adults. Our analysis also shows a tendency of the mean length of utterances (MLU), a simple estimate of syntactic complexity, to increase as the exponent decreases. The parallel evolution of the exponent and a simple indicator of syntactic complexity (MLU) supports the hypothesis that the exponent of Zipf's law and linguistic complexity are inter-related. The assumption that Zipf's law for word ranks is a power-law with a constant exponent of one in both adults and children needs to be revised. PMID:23516390

EU international family law: Legal basis, sources, case law of ECJ

Directory of Open Access Journals (Sweden)

Bordaš Bernadet

2012-01-01

Full Text Available The paper offers analysis of two issues. The first is the overview of the legal basis of international family law and it's sources under the Treaty of Lisbon on the Functioning of the European Union, and the second the case law of the European Court of Justice. Since 1999, when the Treaty of Amsterdam came into force, four regulations were adopted in matters of international family law as secondary sources of EU law, and three of them came into force. National courts of Member Sates are bound to apply directly three regulations, but so far only the interpretation of Brussels II bis Regulation has reached the European Court of Justice. Some of the judgments of the Court could be of interest for Serbian private international law. The reason is in the fact that the Court gave rulings on issues and concepts which are not defined in Serbian law, so they could influence the development and definitions of the those in the course of drawing up the new Act of Private International Law in Serbia. The paper reviews the Sundelind Lopez, the Hadady, the Case A. and the Mercredi judgments.

Assessing peak aerobic capacity in Dutch law enforcement officers

Directory of Open Access Journals (Sweden)

Harriet Wittink

2015-06-01

Full Text Available Objectives: To cross-validate the existing peak rate of oxygen consumption (VO2peak prediction equations in Dutch law enforcement officers and to determine whether these prediction equations can be used to predict VO2peak for groups and in a single individual. A further objective was to report normative absolute and relative VO2peak values of a sample of law enforcement officers in the Netherlands. Material and Methods: The peak rate of oxygen consumption (ml×kg–1×min–1 was measured using a maximal incremental bicycle test in 1530 subjects, including 1068 male and 461 female police officers. Validity of the prediction equations for groups was assessed by comparing predicted VO2peak with measured VO2peak using paired t-tests. For individual differences limits of agreement (LoA were calculated. Equations were considered valid for individuals when the difference between measured and predicted VO2peak did not exceed ±1 metabolic equivalent (MET in 95% of individuals. Results: None of the equations met the validity criterion of 95% of individuals having ±1 MET difference or less than the measured value. Limits of agreement (LoAs were large in all predictions. At the individual level, none of the equations were valid predictors of VO2peak (ml×kg–1×min–1. Normative values for Dutch law enforcement officers were presented. Conclusions: Substantial differences between measured and predicted VO2peak (ml×kg–1×min–1 were found. Most tested equations were invalid predictors of VO2peak at group level and all were invalid at individual levels.

FAIR VALUE ILLUSTRATED IN OMFP 1802/2014

Directory of Open Access Journals (Sweden)

Valentin Gabriel CRISTEA

2016-06-01

Full Text Available The fair value of assets is calculated from the evidence of market data through an assessment by authorized appraisers, according to law. The fair value of tangible assets is calculated based on their market value, based on information that we would use market participants in setting asset price. The fair value is determined by reference to one of the following: a market value, for those financial instruments for which a reliable market easily identify. b a value resulting from models and generally accepted valuation techniques for financial instruments that can not easily identify a reliable market, so these models and valuation techniques to ensure a reasonable approximation of market value.

The international law commission and international environmental law

International Nuclear Information System (INIS)

Ramcharan, B.G.

1975-01-01

If the oceans are destroyed through pollution there will be nothing left to manage. Protection against pollution is thus a fundamental aspect of ocean management. What legal principles are available for the protection of the oceans. This paper brings together the relevant practice of the foremost international body responsible for the codification and development of international law: the International Law Commission. It describes the work of the Commission concerning: 1) pollution of the high seas; 2) pollution of international watercourses; and 3) international responsibility for environmental hazards. It concludes by expressing the hope that the Commission will further study, codify and develop international environmental law

Law before Gratian

DEFF Research Database (Denmark)

This volume, the third in the series, contains the proceedings of the conference 'Law before Gratian' and covers a wide range of topics from individual and local studies to broader reflections on the status and function of law in medieval European societies before the scholastic legal 'revolution......' of the later twelfth century. Seeking to broaden our view of what constituted law in this period, the articles examine these earlier developments in their own right and provide new insights into the variety and complexity of early and high medieval approaches to law and jurisprudence. Contributors...

Citizens in the Crosshairs: Ready, Aim, Hold Your Fire?

Science.gov (United States)

2012-03-21

28 Ibid. 29 J. David Goodman, “Awlaki Killing Incites Criticism on Left and Libertarian Right,” The Lede, entry posted September 30, 2011, http...thelede.blogs.nytimes.com/2011/09/30/awlaki- killing-sparks-criticism-on-left-and- libertarian -right/ (accessed March 10, 2012). For an example of

Zipf's law, power laws and maximum entropy

International Nuclear Information System (INIS)

Visser, Matt

2013-01-01

Zipf's law, and power laws in general, have attracted and continue to attract considerable attention in a wide variety of disciplines—from astronomy to demographics to software structure to economics to linguistics to zoology, and even warfare. A recent model of random group formation (RGF) attempts a general explanation of such phenomena based on Jaynes' notion of maximum entropy applied to a particular choice of cost function. In the present paper I argue that the specific cost function used in the RGF model is in fact unnecessarily complicated, and that power laws can be obtained in a much simpler way by applying maximum entropy ideas directly to the Shannon entropy subject only to a single constraint: that the average of the logarithm of the observable quantity is specified. (paper)

Divorce by consent in Roman law and contemporary law

OpenAIRE

Ignjatović Marija; Kitanović Tanja

2013-01-01

The subject matter of this paper is divorce by mutual consent in Roman law and contemporary law. In the first part of this article, the authors analyzes the key tenets of consensual divorce in Roman law, with specific reference to the impact of Christian religious teaching on the concepts of marriage and divorce as well as on the Roman rulers' constitutions, which marked the beginning of the process of restricting the right to divorce. In the central part of the paper, the authors examines th...

Discretization of space and time: consequences of modified gravitational law

OpenAIRE

Roatta , Luca

2017-01-01

Assuming that space and time can only have discrete values, it is shown that the modified law of gravitational attraction implies that the third principle of dynamics is not fully respected and that only bodies with sufficient mass can exert gravitational attraction.

Local court reforms and ‘global’ law

Directory of Open Access Journals (Sweden)

Richard Mohr

2007-06-01

Full Text Available This study considers court reform programmes sponsored by the IMF and World Bank in Indonesia and Venezuela. It aims to broaden the frame of reference of ‘globalisation’ in law beyond the two traditional sites of human rights and trade. Drawing on a tradition of legal pluralism, it investigates the various sources of ‘global’ or universalising pressures on the law. The sources and impacts of these efforts may derive from and benefit or disadvantage specific groups in various locations. They will also promote or inhibit particular political, social or economic projects. The study concludes that various constituencies and impulses to reform refer to different versions of the ‘universal’ for their conception of right and legitimacy. These are neither inherently local nor unambiguously global. Local religious or egalitarian movements may refer to universal religious or political values just as interests in fair commercial dealing can call on international legal norms. In contrast to the local sites where law is performed, these universal sites exist in a multitude of indigenous, religious, political and legal imagined communities, each of which may be invoked in attempts to reform local practice.

Property law in Jersey

OpenAIRE

MacLeod, Rebecca Frances

2012-01-01

Jersey law, and within it Jersey property law, has received little academic attention. This thesis seeks to examine, and provide a systematic account of, the Jersey law of property. Specific aspects of substantive law are explored. From these, general observations about the nature and structure of property law are made. Unsurprisingly, given the small size of the island, Jersey has a relatively limited amount of indigenous legal material to offer, much of it in French. Inevitab...

The Fundamental Concept of Crime in International Criminal Law: A Comparative Law Analysis

DEFF Research Database (Denmark)

Marchuk, Iryna

This book examines the rapid development of the fundamental concept of a crime in international criminal law from a comparative law perspective in light of the catalyzing impact of the criminal law theory developed in major world legal systems on the crystallization of the substantive part...... of international criminal law. This study offers a critical overview of international and domestic jurisprudence in regards to the construal of the concept of a crime (actus reus, mens rea, defences, modes of liability) and exposes roots of confusion in international criminal law through a comprehensive...... comparative analysis of substantive criminal laws in selected legal jurisdictions....

Operational Law Handbook,2007

National Research Council Canada - National Science Library

2007-01-01

...), human rights, rules of engagement, emergency essential civilians supporting military operations, contingency contractor personnel, foreign and deployment, criminal law, environmental law, fiscal law...

Law and justice in Post-Soviet Russia: Strategies of constitutional modernization

Directory of Open Access Journals (Sweden)

Andrei N. Medushevsky

2012-07-01

Full Text Available The relationships between notions of law and justice – the central argument in political debates of transition periods. The law is defined in contemporary political science as a special form of social organization which represents itself as a value, norm and fact. The complex interpretation of law as a multidimensional phenomenon is possible only if these three competing parameters are taken into consideration. Another side of the problem is the definition of justice as an ideal, norm or historical tradition. Our purpose in this article is to reconstruct on the basis of cognitive and information theory approach some basic parameters of law and justice in the process of searching solutions for fundamental problems of transitional Post-Soviet period. Among them are: the conflict of law and justice in current Russian political reality; social equality and new property relations; national identity and system of government; the form of government and the type of political regime; legitimacy and legality of political transformation; effectiveness of law. The establishment of a new constitutional order is simultaneously the result and the main premise of this transformation. At the focus of our approach is the comparison between conservative, liberal and pragmatic strategies of legal and constitutional transformation.

The main fiscal dispositions in the domain of energy and mineral raw materials as foreseen by the 2005 finances law and by the last 2004 amended law

International Nuclear Information System (INIS)

2004-01-01

This short paper summarizes in tables the main changes made in the 2005 French finances law and in the 2004 amended law about: the domestic tax on petroleum products (TIPP), the general tax on polluting activities (TGAP), the bio-fuel production units, the tax credits for the implementation of renewable energies in dwellings, the domestic tax on natural gas consumptions (TICGN) for greenhouse owners, the European harmonization of the added-value tax (TVA), the taxes on companies (IS), and the electric utility charges (CSPE). (J.S.)

The value of life in English law: revered but not sacred?

OpenAIRE

Heywood, Rob; Mullock, Alexandra

2016-01-01

Terms such as sanctity and inviolability have failed to provide a legally coherent or ethically sound principle upon which to determine the scope of the intrinsic value of life against extrinsic, quality-of-life considerations in a medical context. In their recent work, Margaret Brazier and Suzanne Ost introduce a new term, reverence for life, which they suggest may be more appropriate when attempting to navigate the murky waters of the meaning of life and the value that should be attached to...

Problems of cartel law in license contracts within the power economy

International Nuclear Information System (INIS)

Hueffer, U.

1992-01-01

First the licence contract is presented as a particularly important instrument of the power economy. In a second step a link is established with cartel law; that is, the special status of the power economy under cartel law and the significance of the licence contract within this context are illuminated. On this basis then, a very controversial complex of problems is entered into: the assessment of so-called expiration clauses in licence contracts, i.e. the legal situation upon expiration of a licence contract. It turns out that qualms about the time value being the takeover price have no legal basis. The fact that they were expressed at all is due to the lack of a synopsis of the relevant subareas of commercial law. Scientific purposes require a synopsis of the commercial law concerned rather than an argument in which each party splits off single aspects of the issue. (orig./HSCH) [de

Exploring the effect of power law social popularity on language evolution.

Science.gov (United States)

Gong, Tao; Shuai, Lan

2014-01-01

We evaluate the effect of a power-law-distributed social popularity on the origin and change of language, based on three artificial life models meticulously tracing the evolution of linguistic conventions including lexical items, categories, and simple syntax. A cross-model analysis reveals an optimal social popularity, in which the λ value of the power law distribution is around 1.0. Under this scaling, linguistic conventions can efficiently emerge and widely diffuse among individuals, thus maintaining a useful level of mutual understandability even in a big population. From an evolutionary perspective, we regard this social optimality as a tradeoff among social scaling, mutual understandability, and population growth. Empirical evidence confirms that such optimal power laws exist in many large-scale social systems that are constructed primarily via language-related interactions. This study contributes to the empirical explorations and theoretical discussions of the evolutionary relations between ubiquitous power laws in social systems and relevant individual behaviors.

Contribution of services to economic growth: Kaldor’s fifth law?

Directory of Open Access Journals (Sweden)

Adilson Giovanini

2017-08-01

Full Text Available Purpose: This study questions whether there is a Kaldor’s fifth law and tests whether the size of the intermediate services sector contributes to the growth of the industrial sector. Originality/Value: The laws proposed by Kaldor consider that the industrial sector contributes to economic growth and affirm that the growth of this sector depends on the existing demand for industrial products. If this new law is corroborated we have the initial evidences that the growth of the service sector contributes to the growth of the industry. Design/methodological/approach: The existence of this new law is tested through the estimation of panel VAR models for eight developed countries in the period 1980-2009. Findings: The growth of the service sector causes Granger to increase industrial productivity, industrial density and economic complexity. The causality test shows that there is a bidirectional causal relationship between the growth of the service sector and the industrial density and between the growth of the service sector and the Economic Complexity Index.

Criminal Law in Nigeria in the Last 53 Years: Trends and Prospects for the Future

Directory of Open Access Journals (Sweden)

Akeem Olajide Bello

2013-03-01

Full Text Available Objectives: The article is an overview of developments in substantive criminal law in Nigeria in the last 53 years. It examines the sharing of constitutional legislative powers to enact criminal laws between the federal (national government and the state (local governments. The examination of federal laws revealed proactive legislative activity responding to emerging local and international criminal law issues. The main development at the state level is the introduction by States in Northern Nigeria of Sharia Penal Codes and the enactment of the Criminal Law of Lagos State 2011. A common trend is the entrenchment of death penalty as punishment for some crimes. Implications: While federal criminal laws have responded to emerging realties, state criminal laws have generally failed to respond to emerging issues at the state level. Consequently, in most of the southern states criminal laws introduced in 1916 have continued to apply. Value: The paper demonstrates the need for southern States to reform their criminal laws to respond to emerging realties, the federal government to respond to some outstanding criminal law issues and calls for a suspension of death penalty and a revaluation of its continued relevance.

Islamic Law

Directory of Open Access Journals (Sweden)

Doranda Maracineanu

2009-06-01

Full Text Available The law system of a State represents the body of rules passed or recognized by that State inorder to regulate the social relationships, rules that must be freely obeyed by their recipients, otherwisethe State intervening with its coercive power. Throughout the development of the society, pedants havebeen particularly interested in the issue of law systems, each supporting various classifications; theclassification that has remained is the one distinguishing between the Anglo-Saxon, the Roman-German,the religious and respectively the communist law systems. The third main international law system is theMuslim one, founded on the Muslim religion – the Islam. The Islam promotes the idea that Allah createdthe law and therefore it must be preserved and observed as such. Etymologically, the Arabian word“Islam” means “to be wanted, to obey” implying the fact that this law system promotes total andunconditioned submission to Allah. The Islamic law is not built on somebody of laws or leading cases,but has as source. The Islam is meant as a universal religion, the Koran promoting the idea of the unityof mankind; thus, one of the precepts in the Koran asserts that “all men are equal (…, there is nodifference between a white man and a black man, between one who is Arabian and one who is not,except for the measure in which they fear God.” The Koran is founded mainly on the Talmud, Hebrewsource of inspiration, and only on very few Christian sources. The Islam does not forward ideas whichcannot be materialized; on the contrary its ideas are purely practical, easy to be observed by the commonman, ideas subordinated to the principle of monotheism. The uncertainties and gaps of the Koran, whichhave been felt along the years, imposed the need for another set of rules, meant to supplement it – that isSunna. Sunna represents a body of laws and, consequently, the second source of the Koran. Sunnanarrates the life of the prophet Mohamed, the model to

Rejoinder to Borer on the NAP

Directory of Open Access Journals (Sweden)

Walter E. Block

2010-11-01

Full Text Available Borer (2010 launches a spirited attack on my own promulgation and defense of the non aggression principle (NAP as the lynchpin of libertarianism, as adumbrated in several of my published papers (Block, 2009A, 2010. The two of us, Borer and me, in my opinion, achieve real disagreement, a goal not always reached in the libertarian debates. That is, Borer (2010 is succinct, on point, and offers a real challenge to those of us in the Rothbardian tradition, who see the NAP as the very basis of the libertarian philosophy. The present paper is an attempt to refute each and every one of the challenges offered by Borer

Constitutional Law and International Law at the Turn of the Century ...

African Journals Online (AJOL)

Administrator

Prof Dr Jochen Abr. Frowein, Director of the Max-Planck-Institute for Comparative Public. Law and ... To consider how Constitutional Law or International Law were understood in 1900 means to notice the immense .... In the relationship between the political organs of a state the role of the Constitutional Court should be seen ...

The Impact of the Charter of Fundamental Rights of the European Union on VAT Law

DEFF Research Database (Denmark)

Elgaard, Karina Kim Egholm

2016-01-01

The Charter of Fundamental Rights of the European Union became legally binding following its entry into force with the Lisbon Treaty on 1 December 2009, and it has the same legal value as the EU Treaties. Since then, the EU fundamental rights aspect of VAT law has not been subject to much academic...... discussion or particular attention from VAT practitioners. This article contributes to further development of research in the area of EU fundamental rights and VAT law by examining; when the Charter is relevant in VAT law and if so how the Charter manifests itself in EU VAT case law, and what special...

Robust Operation of Tendon-Driven Robot Fingers Using Force and Position-Based Control Laws

Science.gov (United States)

Abdallah, Muhammad E (Inventor); Platt, Jr., Robert J. (Inventor); Reiland, Matthew J (Inventor); Hargrave, Brian (Inventor); Diftler, Myron A (Inventor); Strawser, Philip A (Inventor); Ihrke, Chris A. (Inventor)

2013-01-01

A robotic system includes a tendon-driven finger and a control system. The system controls the finger via a force-based control law when a tension sensor is available, and via a position-based control law when a sensor is not available. Multiple tendons may each have a corresponding sensor. The system selectively injects a compliance value into the position-based control law when only some sensors are available. A control system includes a host machine and a non-transitory computer-readable medium having a control process, which is executed by the host machine to control the finger via the force- or position-based control law. A method for controlling the finger includes determining the availability of a tension sensor(s), and selectively controlling the finger, using the control system, via the force or position-based control law. The position control law allows the control system to resist disturbances while nominally maintaining the initial state of internal tendon tensions.

Can CCM law properly represent all extinction curves?

International Nuclear Information System (INIS)

Geminale, Anna; Popowski, Piotr

2005-01-01

We present the analysis of a large sample of lines of sight with extinction curves covering wavelength range from near-infrared (NIR) to ultraviolet (UV). We derive total to selective extinction ratios based on the Cardelli, Clayton and Mathis (1989, CCM) law, which is typically used to fit the extinction data both for diffuse and dense interstellar medium. We conclude that the CCM law is able to fit most of the extinction curves in our sample. We divide the remaining lines of sight with peculiar extinction into two groups according to two main behaviors: a) the optical/IR or/and UV wavelength region cannot be reproduced by the CCM formula; b) the optical/NIR and UV extinction data are best fit by the CCM law with different values of R v . We present examples of such curves. The study of both types of peculiar cases can help us to learn about the physical processes that affect dust in the interstellar medium, e.g., formation of mantles on the surface of grains, evaporation, growing or shattering

Explanation of the values of Hack's drainage basin, river length scaling exponent

Science.gov (United States)

Hunt, A. G.

2015-08-01

Percolation theory can be used to find water flow paths of least resistance. The application of percolation theory to drainage networks allows identification of the range of exponent values that describe the tortuosity of rivers in real river networks, which is then used to generate the observed scaling between drainage basin area and channel length, a relationship known as Hack's law. Such a theoretical basis for Hack's law allows interpretation of the range of exponent values based on an assessment of the heterogeneity of the substrate.

Teaching Human Rights Law.

Science.gov (United States)

Berman, Howard R.

1985-01-01

The international community has developed a system of human rights law relevant to many areas of legal encounter, which American law schools have been slow to incorporate into curricula. Teaching human rights law provides an opportunity for law schools to enrich the learning process and contribute creatively to the respect for rights in society.…

A Dual Power Law Distribution for the Stellar Initial Mass Function

Science.gov (United States)

Hoffmann, Karl Heinz; Essex, Christopher; Basu, Shantanu; Prehl, Janett

2018-05-01

We introduce a new dual power law (DPL) probability distribution function for the mass distribution of stellar and substellar objects at birth, otherwise known as the initial mass function (IMF). The model contains both deterministic and stochastic elements, and provides a unified framework within which to view the formation of brown dwarfs and stars resulting from an accretion process that starts from extremely low mass seeds. It does not depend upon a top down scenario of collapsing (Jeans) masses or an initial lognormal or otherwise IMF-like distribution of seed masses. Like the modified lognormal power law (MLP) distribution, the DPL distribution has a power law at the high mass end, as a result of exponential growth of mass coupled with equally likely stopping of accretion at any time interval. Unlike the MLP, a power law decay also appears at the low mass end of the IMF. This feature is closely connected to the accretion stopping probability rising from an initially low value up to a high value. This might be associated with physical effects of ejections sometimes (i.e., rarely) stopping accretion at early times followed by outflow driven accretion stopping at later times, with the transition happening at a critical time (therefore mass). Comparing the DPL to empirical data, the critical mass is close to the substellar mass limit, suggesting that the onset of nuclear fusion plays an important role in the subsequent accretion history of a young stellar object.

Paul Goodman, Anarchism, and Education.

Science.gov (United States)

Vaughan, William

Goodman's notoriety as a romantic critic has tended to overshadow the positive and constructive dimensions to be found in his libertarian vision of a worthwhile world. Attention should focus on those constructive elements in Goodman's social thought which provide a dynamic framework for human association, i.e., the libertarian community. The…

A New Method of Multiattribute Decision-Making Based on Interval-Valued Hesitant Fuzzy Soft Sets and Its Application

Directory of Open Access Journals (Sweden)

Yan Yang

2017-01-01

Full Text Available Combining interval-valued hesitant fuzzy soft sets (IVHFSSs and a new comparative law, we propose a new method, which can effectively solve multiattribute decision-making (MADM problems. Firstly, a characteristic function of two interval values and a new comparative law of interval-valued hesitant fuzzy elements (IVHFEs based on the possibility degree are proposed. Then, we define two important definitions of IVHFSSs including the interval-valued hesitant fuzzy soft quasi subset and soft quasi equal based on the new comparative law. Finally, an algorithm is presented to solve MADM problems. We also use the method proposed in this paper to evaluate the importance of major components of the well drilling mud pump.

Dentistry and criminal law.

Science.gov (United States)

Khoury, B S; Khoury, J N

2017-09-01

Criminal law in dentistry, as shaped and moulded by the prevailing views of society, defines what is or is not socially acceptable. It applies in both personal and professional contexts with the intended consequence of protecting the public from unacceptable conduct and potential imbalances of power. At its centre, a patient's consent plays a pivotal role in transforming unlawful conduct into lawful conduct. This literature review considers the current law and the trend of utilizing criminal law in addition to non-criminal law alternatives of reprimanding clinicians for failure to achieve consent in the course of dental practice. Dentists must appreciate this change and the prosecuting authority's increasing willingness to resort to criminal law. © 2017 Australian Dental Association.

Nuclear Law

International Nuclear Information System (INIS)

Pascal, Maurice.

1979-01-01

This book on nuclear law is the first of a series of analytical studies to be published by the French Energy Commission (CEA) concerning all the various nuclear activities. It describes national and international legislation applicable in France covering the following main sectors: the licensing procedure for nuclear installations, the law of the sea and nuclear law, the legal system governing radioisotopes, the transport of radioactive materials, third party liability and insurance and radiation protection. In each chapter, the overall analysis is supplemented by the relevant regulatory texts and by organisation charts in annex. (NEA) [fr

Should bulk cloudwater or fogwater samples obey Henry's law?

Science.gov (United States)

Pandis, Spyros N.; Seinfeld, John H.

1991-06-01

Mixing of droplets with different pH that are individually in Henry's law equilibrium with the surrounding atmosphere always results in a bulk mixture that is supersaturated with weak acids like S(IV) and HCOOH, and bases like NH3 with respect to the original atmosphere. High supersaturations result only when the pH of the bulk droplet mixture exceeds the pKa of the species, in which pH range large pH differences among droplets of different sizes lead to large deviations from Henry's law for the bulk mixture. The deviation is shown to depend on the ratio of the arithmetic mean to the harmonic mean of the hydrogen ion concentrations of the droplets with the liquid water content used as weighting factor in the calculation of the means. The theory developed can explain observed discrepancies from Henry's law in atmospheric samples and also other observed phenomena like the reported increase of pH values of bulk aqueous samples during storage.

Convergence of a continuous BGK model for initial boundary-value problems for conservation laws

Directory of Open Access Journals (Sweden)

Driss Seghir

2001-11-01

Full Text Available We consider a scalar conservation law in the quarter plane. This equation is approximated in a continuous kinetic Bhatnagar-Gross-Krook (BGK model. The convergence of the model towards the unique entropy solution is established in the space of functions of bounded variation, using kinetic entropy inequalities, without special restriction on the flux nor on the equilibrium problem's data. As an application, we establish the hydrodynamic limit for a $2imes2$ relaxation system with general data. Also we construct a new family of convergent continuous BGK models with simple maxwellians different from the $chi$ models.

The space between: land claims and the law in Indonesia

NARCIS (Netherlands)

Bakker, L.; Moniaga, S.

2010-01-01

In this article we look at rights discourses and law as an arena of struggle in which local people attempt to gain and secure access to localities of value. Following administrative decentralisation in 1999, throughout Indonesia, individuals and communities lodged land claims. To support these

Regulatory Impact Assessment (RIA and Rationality of Law – Legal Aspects

Directory of Open Access Journals (Sweden)

Jan Chmielewski

2015-06-01

Full Text Available Purpose: The fundamental aim of this article is to verify an assumption according to which the proper Regulatory Impact Assessment (RIA is a key factor in the rationality of law. Rational law is a law which is effective and able to realize and achieve social, economic and environmental aims determined and established by the lawmaker. Methodology: The scope of this paper – which determines its structure – encompasses the definition of RIA, including its specific (but non-legal forms such as benchmarking and evaluation. As far as we are concerned, these methods can provide – as a kind of Regulatory Impact Assessment a significant tool for measuring the rationality of regulations. Furthermore, the usefulness of benchmarking and evaluation has been recognised by representatives of jurisprudence. We will also explain the concept and the assumptions of the rationality of law on the grounds and in the light of the case law of the Polish Constitutional Tribunal and the Supreme Administrative Court. This should allow to countercheck the main thesis of this paper. The methodology encompasses primary legal methods such as literature, case law and legislation analysis. Findings: An indispensable condition of the rationality of law is actual elimination of irrational regulations which were not subjected to the Regulatory Impact Assessment. Practical implications: Although RIA is a problematic issue (in terms of its practical application,it is necessary to carry it out in order to assure the rationality of law. A good and desirable complement to Regulatory Impact Assessment are non-legal methods such as benchmarking and evaluation. Originality: Originality and value of this survey lies in taking into account the case law of the Polish Constitutional Tribunal and the Supreme Administrative Court. Additionally, this paper is original in that it considers non-legal methods in the examination of the rationality of law.

Generalization of the Child-Langmuir law for nonzero injection velocities in a planar diode

International Nuclear Information System (INIS)

Puri, R.R.; Biswas, Debabrata; Kumar, Raghwendra

2004-01-01

The Child-Langmuir law relates the voltage applied across a planar diode to the saturation value J CL of current density that can be transmitted through it in case the injection velocity of electrons is zero. The Child-Langmuir current density J CL is, at the same time: (i) the maximum current density that can be transmitted through a planar diode, (ii) the current density below which the flow is steady and unidirectional in the long time limit, and (iii) the average transmitted current density for any value of injected current density above J CL . Existing generalizations of Child-Langmuir law to nonzero velocities of injection are based on the characteristics (i) and (ii) of J CL . This paper generalizes the law to nonzero velocities of injection based on the characteristic (iii) by deriving an analytical expression for the saturation value of current density. The analytical expression for the saturation current density is found to be well supported by numerical computations. A reason behind preferring the saturation property of the Child-Langmuir current density as the basis for its generalization is the importance of that property in numerical simulations of high current diode devices

Women, customary law and equality: lessons from research in southern Africa.

Science.gov (United States)

Armstrong, A

1994-03-01

The Women and Law in Southern Africa Research Project (WSLA) has concluded, after 6 years of study in Zimbabwe, Zambia, Swaziland, Mozambique, Lesotho, and Botswana, that the deconstruction of customary law rather than an emphasis on the concept of equality represents the most promising strategy for producing justice for women. An historical analysis indicates that customary law was, before colonialism, a family-centered, flexible system of law that favored the negotiation and settlement of disputes rather than a rigid state-centered application of a rule. Traditionally, the unifying value base of customary law was preservation of the family and protection of women and children. Marriage was viewed as a joint partnership rather than a guardian-minor relationship. Polygyny, which today constitutes a source of female subordination, was originally developed to provide the protection of marriage to women at a time when there were not enough men to go around and an unmarried woman was vulnerable. Moreover, under true customary law, family property was the norm and widows remained on the land. The responsiveness of true customary law to changing socioeconomic conditions is illustrated by the newly developed practice of Chiefs in Botswana to allow women to speak and represent themselves in court; another example is the Chief's modification of seduction damages law to stipulate payment directly to the young mother rather than to her parents. After the introduction of colonialism, customary law was reconstructed to serve the political interests of capital; even now, post-independence governments use the law as a tool to oppress women. WLSA research suggests that an emphasis on gender-neutral, equality-based laws and statutes can lead to the further oppression of women. For example, such laws have made unemployed divorced women responsible for the maintenance of their ex-husband, and could be used to promote women, as well as men, having several spouses. Needed instead is an

Gemachtes Recht - gegebenes Recht / Made Law - Given Law

Directory of Open Access Journals (Sweden)

Lorenz Engi

2007-08-01

Full Text Available Das Recht der Moderne ist auf den Begründungsmodus der Positivität umgestellt, und es ist Instrument einer Politik mit weitreichendem Steuerungsanspruch. In Kombination mit einer Steigerung der Umweltkomplexität ergibt sich daraus für das Recht eine starke Belastung. Es wird quantitativ ausgedehnt, an normativer Kraft aber eher ärmer. Als neuer Faktor tritt die Globalisierung der Weltverhältnisse in diese Situation ein. Da das Recht sich globalisieren kann, die Politik aber nur begrenzt (kein Weltstaat, ergeben sich daraus Möglichkeiten der partiellen Wiederabkoppelung des Rechts von der Politik. Das Recht könnte der Politik von politikunabhängigen Legitimationsgrundlagen her verstärkt wieder eigenständig gegenübertreten. Modern law has shifted towards a positivistic mode of reasoning,and is the instrument of a form of politics that claims wide‐ranging rights of control. In combination with an increase of environmental complexity, law is impacted strongly. It is quantitatively extended, thereby losing its normative power. A globalization of world conditions enters the situation as a new factor. As law has the ability to globalize itself, whereas politics can only do so in a limited way (not a world state, possibilities for a partial re‐disengagement of law from politics result from this. Law is now able to face politics more strongly from a basis of legitimization that is independent from politics.

Evictionism and libertarianism.

Science.gov (United States)

Block, Walter E

2014-06-01

There is a new sheriff in town on the abortion question. It is called evictionism. It diverges, philosophically, from both the pro-life and the pro-choice positions. It assumes that the birth of a human being starts with the fertilized egg but claims that the unwanted baby is a trespasser that may be evicted in the gentlest manner possible. © The Author 2014. Published by Oxford University Press, on behalf of the Journal of Medicine and Philosophy Inc. All rights reserved. For permissions, please e-mail: journals.permissions@oup.com.

Libertarianism and circumcision.

Science.gov (United States)

Testa, Patrick; Block, Walter E

2014-06-01

Despite the millenniums-old tradition in Abrahamic circles of removing the foreskin of a penis at birth, the involuntary and aggressive practice of circumcision must not be made an exception to the natural, negative right to self-ownership-a birthright which should prevent a parent from physically harming a child from the moment of birth going forward. This paper will present a natural rights argument against the practice of male child circumcision, while also looking into some of the potential physical and psychological consequences of the practice. It will compare the practice with that of female circumcision, which is banned in developed nations but still practiced in the third world, as well as other forms of aggressive action, some once-prevalent, while disputing arguments made for parental ownership of the child, religious expression, cultural tradition, cleanliness, cosmetics, and conformity.

Libertarianism and Circumcision

Directory of Open Access Journals (Sweden)

Patrick Testa

2014-06-01

Full Text Available Despite the millenniums-old tradition in Abrahamic circles of removing the foreskin of a penis at birth, the involuntary and aggressive practice of circumcision must not be made an exception to the natural, negative right to self-ownership—a birthright which should prevent a parent from physically harming a child from the moment of birth going forward. This paper will present a natural rights argument against the practice of male child circumcision, while also looking into some of the potential physical and psychological consequences of the practice. It will compare the practice with that of female circumcision, which is banned in developed nations but still practiced in the third world, as well as other forms of aggressive action, some once-prevalent, while disputing arguments made for parental ownership of the child, religious expression, cultural tradition, cleanliness, cosmetics, and conformity.

Libertarianism and circumcision

Science.gov (United States)

Testa, Patrick; Block, Walter E.

2014-01-01

Despite the millenniums-old tradition in Abrahamic circles of removing the foreskin of a penis at birth, the involuntary and aggressive practice of circumcision must not be made an exception to the natural, negative right to self-ownership—a birthright which should prevent a parent from physically harming a child from the moment of birth going forward. This paper will present a natural rights argument against the practice of male child circumcision, while also looking into some of the potential physical and psychological consequences of the practice. It will compare the practice with that of female circumcision, which is banned in developed nations but still practiced in the third world, as well as other forms of aggressive action, some once-prevalent, while disputing arguments made for parental ownership of the child, religious expression, cultural tradition, cleanliness, cosmetics, and conformity. PMID:24987720

The Essential Elements of Corporate Law. What is Corporate Law?

OpenAIRE

Armour, John; Hansmann, Henry; Kraakman, Reinier

2017-01-01

This article is the first chapter of the second edition of “The Anatomy of Corporate Law: A Comparative and Functional Approach”, by Reinier Kraakman, John Armour, Paul Davies, Luca Enriques, Henry Hansmann, Gerard Hertig, Klaus Hopt, HidekiKanda and Edward Rock (Oxford University Press, 2009). The book as a whole provides a functional analysis of Corporate (or Company) Law in Europe, the U.S., and Japan. Its organization reflects the structure of Corporate Law throughout all jurisdictions, w...

Pain as a fact and heuristic: how pain neuroimaging illuminates moral dimensions of law.

Science.gov (United States)

Pustilnik, Amanda C

2012-05-01

In legal domains ranging from tort to torture, pain and its degree do important definitional work by delimiting boundaries of lawfulness and of entitlements. Yet, for all the work done by pain as a term in legal texts and practice, it has a confounding lack of external verifiability. Now, neuroimaging is rendering pain and myriad other subjective states at least partly ascertainable. This emerging ability to ascertain and quantify subjective states is prompting a "hedonic" or a "subjectivist" turn in legal scholarship, which has sparked a vigorous debate as to whether the quantification of subjective states might affect legal theory and practice. Subjectivists contend that much values-talk in law has been a necessary but poor substitute for quantitative determinations of subjective states--determinations that will be possible in the law's "experiential future." This Article argues the converse: that pain discourse in law frequently is a heuristic for values. Drawing on interviews and laboratory visits with neuroimaging researchers, this Article shows current and in-principle limitations of pain quantification through neuroimaging. It then presents case studies on torture-murder, torture, the death penalty, and abortion to show the largely heuristic role of pain discourse in law. Introducing the theory of "embodied morality," the Article describes how moral conceptions of rights and duties are informed by human physicality and constrained by the limits of empathic identification. Pain neuroimaging helps reveal this dual factual and heuristic nature of pain in the law, and thus itself points to the translational work required for neuroimaging to influence, much less transform, legal practice and doctrine.

Investigation of Dalton and Amagat's laws for gas mixtures with shock propagation

Science.gov (United States)

Wayne, Patrick; Trueba Monje, Ignacio; Yoo, Jason H.; Truman, C. Randall; Vorobieff, Peter

2016-11-01

Two common models describing gas mixtures are Dalton's Law and Amagat's Law (also known as the laws of partial pressures and partial volumes, respectively). Our work is focused on determining the suitability of these models to prediction of effects of shock propagation through gas mixtures. Experiments are conducted at the Shock Tube Facility at the University of New Mexico (UNM). To validate experimental data, possible sources of uncertainty associated with experimental setup are identified and analyzed. The gaseous mixture of interest consists of a prescribed combination of disparate gases - helium and sulfur hexafluoride (SF6). The equations of state (EOS) considered are the ideal gas EOS for helium, and a virial EOS for SF6. The values for the properties provided by these EOS are then used used to model shock propagation through the mixture in accordance with Dalton's and Amagat's laws. Results of the modeling are compared with experiment to determine which law produces better agreement for the mixture. This work is funded by NNSA Grant DE-NA0002913.

«I speak generally of Law». Law, Laws and Courts in the Dialogue of Thomas Hobbes

Directory of Open Access Journals (Sweden)

Mario Piccinini

2014-12-01

Full Text Available Analyzing the Dialogue between a Philosopher and a Student of the Common Laws of England by Thomas Hobbes, the essay traces the historical tradition and the reasons for its secular underestimation. The Hobbesian text is placed within the history of English law and the controversies that accompanied and followed the revolution of 1640. It is then compared with the political works of Hobbes, showing how the silence of the law is gradually replacing the state of nature as image of the death of the Commonwealth. The Dialogue proves to be a firm position in favor of an universal and equal capacity to understand what the law is. This latter is the product of the will of a sovereign, who however is the institutionalization of the authorization of the individuals who constitute it.

Podolsky electromagnetism at finite temperature: Implications on the Stefan-Boltzmann law

International Nuclear Information System (INIS)

Bonin, C. A.; Bufalo, R.; Pimentel, B. M.; Zambrano, G. E. R.

2010-01-01

In this work we study Podolsky electromagnetism in thermodynamic equilibrium. We show that a Podolsky mass-dependent modification to the Stefan-Boltzmann law is induced and we use experimental data to limit the possible values for this free parameter.

Tunable power law in the desynchronization events of coupled chaotic electronic circuits

International Nuclear Information System (INIS)

Oliveira, Gilson F. de; Lorenzo, Orlando di; Chevrollier, Martine; Passerat de Silans, Thierry; Oriá, Marcos; Souza Cavalcante, Hugo L. D. de

2014-01-01

We study the statistics of the amplitude of the synchronization error in chaotic electronic circuits coupled through linear feedback. Depending on the coupling strength, our system exhibits three qualitatively different regimes of synchronization: weak coupling yields independent oscillations; moderate to strong coupling produces a regime of intermittent synchronization known as attractor bubbling; and stronger coupling produces complete synchronization. In the regime of moderate coupling, the probability distribution for the sizes of desynchronization events follows a power law, with an exponent that can be adjusted by changing the coupling strength. Such power-law distributions are interesting, as they appear in many complex systems. However, most of the systems with such a behavior have a fixed value for the exponent of the power law, while here we present an example of a system where the exponent of the power law is easily tuned in real time

Law 20-30: Teacher Resource Manual.

Science.gov (United States)

King, John; Jackson, Landis

Law 20, in the Alberta (Canada) educational system, is an introductory course with three core modules: (1) "Nature of Law and Civil Law System," (2) "Contract Law," and (3) "Family Law." Law 30 consists of (1) "Basic Rights and Responsibilities," (2) "Labour Law," and (3) "Property Law."…

Enacting National Seabed Mining Laws in Africa: Importance of a Practitioner’s Perspective

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Nicholas N. Kimani

2015-09-01

Full Text Available Countries should develop seabed mining laws that maintain environmental and social protections, yet whose safeguard rules are easier to understand and can be implemented at lower cost. Blindly adopting foreign laws, however well drafted, may result in a regime that is fragmented, inefficient and costly to administer from industry’s perspective. Insights from Kenya, demonstrates the value of adopting a practitioners perspective to identify practical problems, potential opportunities and important policy issues.

Civil Law Obligations in the Financial Law Regulations A seminar at the Faculty of Law and Administration, Torun, 24 March 2015

Directory of Open Access Journals (Sweden)

Mirosław Bączyk

2015-06-01

Full Text Available The problem, which is examined in the study, is the legal way of creation of civil law obligations. Civil law obligations are created by civil law transactions (especially by contracts. There is the question, if civil law obligations can be created directly by the legal regulations? This issue is important for the legal and financial relations between the Treasury, local government and other legal persons.

Rhetoric in Law

DEFF Research Database (Denmark)

Gabrielsen, Jonas

The bond between law and rhetoric is as old as the subjects themselves. Especially the ancient works on legal rhetoric afford, however, a too narrow depiction of the interaction between law and rhetoric as a purely instrumental discipline of communication in court. In this paper I challenge...... this narrow understanding of legal rhetoric and outline three distinct frames of understanding the relation between law and rhetoric...

The Space Between: Land Claims and the Law in Indonesia

NARCIS (Netherlands)

Bakker, L.G.H.; Moniaga, S.

2010-01-01

In this article we look at rights discourses and law as an arena of struggle in which local people attempt to gain and secure access to localities of value Following administrative decentralisation in 1999, throughout Indonesia, individuals and communities lodged land claims To support these claims,

The Gauss and Ampere laws: different laws but similar difficulties for student learning

International Nuclear Information System (INIS)

Guisasola, Jenaro; AlmudI, Jose M; Zuza, Kristina; Ceberio, Mikel; Salinas, Julia

2008-01-01

This study aims to analyse university students' reasoning regarding two laws of electromagnetism: Gauss's law and Ampere's law. It has been supposed that the problems seen in understanding and applying both laws do not spring from students' misconceptions. Students habitually use reasoning known in the literature as 'common sense' methodology that leads to incorrect forms of reasoning. To test our hypothesis, questionnaires were designed emphasizing explanations. The results obtained show the low level of students' reasoning in both electricity and magnetism in terms of Gauss's and Ampere's laws

Ulpian's Appeal to Nature : Roman Law as Universal Law

NARCIS (Netherlands)

Brouwer, René

2015-01-01

In this paper I argue that against the political and perhaps even religiously motivated background of the Constitutio Antoniniana, in order to further enhance the appeal of Roman law, Ulpian seeks to connect law and nature by using Stoic terminology. However, his usage of this terminology is

Case law

International Nuclear Information System (INIS)

2016-01-01

This section treats of the following case laws: 1 - Case Law France: Conseil d'etat decision, 22 February 2016, EDF v. Republic and Canton of Geneva relative to the Bugey nuclear power plant (No. 373516); United States: Brodsky v. US Nuclear Regulatory Commission, 650 Fed. Appx. 804 (2. Cir. 2016)

Divorce by consent in Roman law and contemporary law

Directory of Open Access Journals (Sweden)

Ignjatović Marija

2013-01-01

Full Text Available The subject matter of this paper is divorce by mutual consent in Roman law and contemporary law. In the first part of this article, the authors analyzes the key tenets of consensual divorce in Roman law, with specific reference to the impact of Christian religious teaching on the concepts of marriage and divorce as well as on the Roman rulers' constitutions, which marked the beginning of the process of restricting the right to divorce. In the central part of the paper, the authors examines the regulation on the consensual divorce in some contemporary legal systems. In addition, the authors provides a substantial analysis of the normative framework on the termination of marriage in the positive Serbian legislation. In the final part of the paper, the authors provides a comparative analysis and underscores the observed similarities and differenced in the regulation of the institute of consensual divorce in Roman law and in the contemporary legislation.

Access to Law : is it here to stay? | IDRC - International Development ...

International Development Research Centre (IDRC) Digital Library (Canada)

... legal professionals and the public could only obtain primary sources of law through ... Researchers will also assess the value added to legal information by the ... The longstanding crisis of the developing world library is coming to an end, but ...

The rule of law

Directory of Open Access Journals (Sweden)

Besnik Murati

2015-07-01

Full Text Available The state as an international entity and its impact on the individual’s right has been and still continues to be a crucial factor in the relationship between private and public persons. States vary in terms of their political system, however, democratic states are based on the separation of powers and human rights within the state. Rule of law is the product of many actors in a state, including laws, individuals, society, political system, separation of powers, human rights, the establishment of civil society, the relationship between law and the individual, as well as, individual-state relations. Purpose and focus of this study is the importance of a functioning state based on law, characteristics of the rule of law, separation of powers and the basic concepts of the rule of law.

The Inverse Response Law: Theory and Relevance to the Aftermath of Disasters

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Suzanne Phibbs

2018-05-01

Full Text Available The Inverse Care Law is principally concerned with the effect of market forces on health care which create inequities in access to health services through privileging individuals who possess the forms of social capital that are valued within health care settings. The fields of disaster risk reduction need to consider the ways in which inequities, driven by economic and social policy as well as institutional decision-making, create vulnerabilities prior to a disaster, which are then magnified post disaster through entrenched structural differences in access to resources. Drawing on key principles within the Inverse Care Law, the Inverse Response Law refers to the idea that people in lower socio-economic groups are more likely to be impacted and to experience disparities in service provision during the disaster response and recovery phase. In a market model of recovery, vulnerable groups struggle to compete for necessary services creating inequities in adaptive capacity as well as in social and wellbeing outcomes over time. Both the Inverse Care Law and the Inverse Response Law focus on the structural organisation of services at a macro level. In this article, the Inverse Care Law is outlined, its application to medical treatment following disasters considered and an explanation of the Inverse Response Law provided. Case studies from recent disasters, in London, New Zealand, Puerto Rico and Mexico City are examined in order to illustrate themes at work relating to the Inverse Response Law.

Muslim personal law and the meaning of "law" in the South African and Indian constitutions

Directory of Open Access Journals (Sweden)

C Rautenbach

1999-12-01

Full Text Available The Muslim population of South Africa follows a practice which may be referred to as Muslim personal law. Although section 15 of the Constitution of the Republic of South Africa 108 of 1996 recognises religious freedom and makes provision for the future recognition of other personal law systems, Muslim personal law is, at this stage, not formally recognised in terms of South African law. Since Muslim personal law receives no constitutional recognition the question may be asked whether the 1996 Constitution, and in particular the Bill of Rights as contained in chapter 2 of the 1996 Constitution, is applicable to "non-recognised" Muslim personal law. The answer to this question depends to a large extent on the meaning of "law" as contained in the 1996 Constitution.When the viewpoint of academic writers and the courts are evaluated it seems as if the meaning of law in South Africa is restricted to the common law, customary law and legislation. If such a viewpoint is to be followed, Muslim personal law is excluded from the scrutiny of the Bill of Rights. It is, however, inconceivable that there might be certain areas of "law" that are not subject to the scrutiny of the Bill of Rights. In this note it will be argued that Muslim personal law should be regarded as law in terms of the 1996 Constitution, or in the alternative, that Muslim personal law (or at least Muslim marriages should be recognised in terms of section 15 of the 1996 Constitution.Due to the historical resemblance between South Africa and India the meaning of "law" as contained in the 1996 Constitution will be compared with the meaning of "law" as contained in the Constitution of India. Although the Constitution of India indirectly gives recognition to various personal laws in India, these personal laws are not subject to the provisions of the Constitution of India. Therefore, it would be argued that one should approach the Constitution of India with caution when its provisions are

On correction factor in scaling law for low pressure DC gas breakdown

International Nuclear Information System (INIS)

Gleb Wataghin, UNICAMP, Campinas, SP (Brazil))" data-affiliation=" (Instituto de Física Gleb Wataghin, UNICAMP, Campinas, SP (Brazil))" >Ronchi, G; Gleb Wataghin, UNICAMP, Campinas, SP (Brazil))" data-affiliation=" (Instituto de Física Gleb Wataghin, UNICAMP, Campinas, SP (Brazil))" >Machida, M

2014-01-01

The low pressure gas breakdown described by Paschen's law in Townsend theory, i.e. the breakdown voltage as a function of gas pressure p and the electrode distance d, provides an accurate description of breakdown in DC discharges when the ratio between inter-electrode gap distance d and electrode radii R tends to zero. On increasing of the ratio d/R, the Paschen's curves are shifted to the region of higher breakdown voltage and higher pd values. A modified Paschen's law recently proposed is well satisfied in our measurements. However, the value of constant b changes not only due to gas type but also according to electrode gap distance; furthermore, gas breakdown voltages are considerably modified by plasma-wall interactions due to glass tube proximity in the discharge.

New Russian law

International Nuclear Information System (INIS)

Anon.

1996-01-01

The information about the Russian Federation law dealing with population radiation safety signed by the President in January 1996 is given. The law is based on a new strategy of radiation protection including the mean efficient dose from all ionizing radiation sources as the main factor for evaluation of the safe level for the population. The norms stated in the law will become valid from January 1, 2000

The Practice of Transnational Law

CERN Document Server

2000-01-01

Contents :"The new law merchant and the global market place" by Klaus Peter Berger, "The CENTRAL enquiry on the use of transnational law in international contract law and arbitration", "The UNIDROIT principles and transnational law" by Michael Joachim Bonell, "Examples for the practical application of transnational law", "The questionnaire and results of the CENTRAL enquiry"

A common law agenda for labour law

OpenAIRE

Hough, Barry; Spowart-Taylor, Ann

1999-01-01

This article assesses the purposes of a re-contractualisation of the employment relationship. It examines in particular the implied duty to act in good faith, and argues that in developing this and other implied terms the judiciary only extends employment protection to further wealth maximisation. It is argued that the common law sees its contribution to labour law as a device for maximising the efficiency of the enterprise and promoting the creation of wealth for the benefit of the national ...

Law, Marxism and Method

Directory of Open Access Journals (Sweden)

Paul O'Connell

2018-05-01

Full Text Available Law is crucial to the maintenance and reproduction of capitalism. While Marx never produced a comprehensive theory of law, state and rights, there is much in his work, and in the broader Marxist tradition, that can help us understand the nature and role of law in contemporary capitalism. This paper sketches out some of the key resources from within the Marxist tradition that can assist us in developing Marxist understandings of law, state and rights today. Specifically, the focus is on the question of method, drawing out three key strands from Marx's own work: (i the importance of dialectical materialist analysis; (ii the historically specific and transitory nature of capitalism and (iii the centrality of class antagonism and class struggle. The argument advanced here, in sum, is that Marxist explanations of law, state and rights should foreground these analytical reference points, in order to make the role of law intelligible, and to begin to sketch how movements for fundamental social change might understand and engage with the law.

Theoretical disagreement about law

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Zdravković Miloš

2014-01-01

Full Text Available As the dominant direction of the study of legal phenomena, legal positivism has suffered criticisms above all from representatives of natural law. Nevertheless, the most complex criticism of legal positivism came from Ronald Dworkin. With the methodological criticism he formed in 'Law's Empire', Dworkin attacked the sole foundations of legal positivism and his main methodological assumptions. Quoting the first postulate of positivism, which understands the law as a fact, Dworkin claims that, if this comprehension is correct, there could be no dispute among jurists concerning the law, except if some of them make an empirical mistake while establishing facts. Since this is not the case, Dworkin proves that this is actually a theoretical disagreement which does not represent a disagreement about the law itself, but about its morality. On these grounds, he rejects the idea of law as a fact and claims that the law is an interpretive notion, which means that disagreements within jurisprudence are most frequently interpretative disagreements over criteria of legality, and not empirical disagreements over historic and social facts.

Deviations from Newton's law in supersymmetric large extra dimensions

International Nuclear Information System (INIS)

Callin, P.; Burgess, C.P.

2006-01-01

Deviations from Newton's inverse-squared law at the micron length scale are smoking-gun signals for models containing supersymmetric large extra dimensions (SLEDs), which have been proposed as approaches for resolving the cosmological constant problem. Just like their non-supersymmetric counterparts, SLED models predict gravity to deviate from the inverse-square law because of the advent of new dimensions at sub-millimeter scales. However SLED models differ from their non-supersymmetric counterparts in three important ways: (i) the size of the extra dimensions is fixed by the observed value of the dark energy density, making it impossible to shorten the range over which new deviations from Newton's law must be seen; (ii) supersymmetry predicts there to be more fields in the extra dimensions than just gravity, implying different types of couplings to matter and the possibility of repulsive as well as attractive interactions; and (iii) the same mechanism which is purported to keep the cosmological constant naturally small also keeps the extra-dimensional moduli effectively massless, leading to deviations from general relativity in the far infrared of the scalar-tensor form. We here explore the deviations from Newton's law which are predicted over micron distances, and show the ways in which they differ and resemble those in the non-supersymmetric case

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